§130A‑83. Merger of two contiguous sanitary districts.
Two contiguous sanitarydistricts may merge in the following manner:
(1) The sanitarydistrict board of each sanitary district must first adopt a common proposedplan of merger. The plan shall contain the name of the new or successorsanitary district, designate the members of the merging boards who shall serveas the interim sanitary district board for the new or successor district untilthe next election required by G.S. 130A‑50(b) and 163‑279, and anyother matters necessary to complete the merger.
(2) The merger maybecome effective only if approved by the voters of the two sanitary districts.In order to call an election, both boards shall adopt a resolution calling uponthe board of county commissioners in the county or counties in which thedistricts are located to call for an election on a date named by the sanitarydistrict boards after consultation with the appropriate boards of election. Theboard or boards of commissioners shall hold an election on the proposed mergerof the sanitary districts.
(3) The county board orboards of commissioners shall request the appropriate board of elections tohold and conduct the elections. All voters of the two sanitary districts shallbe eligible to vote.
(4) Notice of theelections shall be given as required in G.S. 163‑33(8). The board ofelections may use the method of registration set out in G.S. 163‑288.2.
(5) If an election iscalled as provided in subsection (2), the board or boards of elections shallprovide ballots for the election in substantially the following form:
"[] FOR the merger of the. . . . . . . . . . . . Sanitary District and the. . . . . . . . SanitaryDistrict into a single district to be known as the . . . . . . . . SanitaryDistrict, in which all the property, assets, liabilities, obligations, andindebtedness of the two districts become the property, assets, liabilities,obligations, and indebtedness of the . . . . . . . . Sanitary District.
[] AGAINST the merger of the .. . . . . . . Sanitary District and the. . . . . . . . Sanitary District into asingle district to be known as the . . . . . . . . Sanitary District, in whichall the property, assets, liabilities, obligations, and indebtedness of the twodistricts become the property, assets, liabilities, obligations, andindebtedness of the . . . . . . . . Sanitary District."
(6) If a majority of allthe votes cast in each sanitary district vote in favor of the merger, the twosanitary districts shall be merged on July 1 following the election. Should themajority of the votes cast in either sanitary district be against theproposition, the sanitary districts shall not be merged. If a majority of thevotes cast in either sanitary district are against the merger, any election onsimilar propositions of merger may not occur until one year from the date ofthe last election.
(7) Upon the merger oftwo sanitary districts pursuant to this section and the creation of a newdistrict, the merger becomes effective at 12 noon on the following July 1. Atthat time:
a. The two sanitarydistricts shall cease to exist as bodies politic and corporate, and the newsanitary district exists as a body politic and corporate.
b. All property, real,personal and mixed, belonging to the sanitary districts vests in and is theproperty of the new sanitary district.
c. All judgments,liens, rights of liens and causes of action in favor of either sanitarydistrict vest in the new sanitary district.
d. All rentals, taxes,assessments and other funds, charges or fees owed to either of the sanitarydistricts are owed to and may be collected by the new sanitary district.
e. Any action, suit, orproceeding pending against, or having been instituted by, either of thesanitary districts shall not be abated by its dissolution, but shall becontinued and completed in the same manner as if dissolution had not occurred.The new sanitary district shall be a party to all these actions, suits andproceedings in the place of the dissolved sanitary district and shall pay anyjudgment rendered against either of the sanitary districts in any of theseactions or proceedings. No new process need be served in any of the actions,suits or proceedings.
f. All obligations ofeither of the sanitary districts, including any outstanding indebtedness, areassumed by the new sanitary district and all the obligations and outstandingindebtedness are constituted obligations and indebtedness of the new sanitarydistrict. The full faith and credit of the new sanitary district is deemed tobe pledged for the punctual payment of the principal of and interest on allgeneral obligation bonds and bond anticipation notes of either of the sanitarydistricts, and all the taxable property within the new sanitary district shallremain subject to taxation for these payments.
g. All rules of eitherof the sanitary districts shall continue in effect until repealed or amended bythe governing body of the new sanitary district.
(8) Upon the merger oftwo sanitary districts pursuant to this section when one district is to bedissolved and the other district is to be a successor covering the territory ofboth, the merger becomes effective at 12 noon on the following July 1. At thattime:
a. One sanitarydistrict shall cease to exist as a body politic and corporate, and thesuccessor sanitary district continues to exist as a body politic and corporate.
b. All property, real,personal and mixed, belonging to the sanitary districts vests in, and is theproperty of the successor sanitary district.
c. All judgments,liens, rights of liens and causes of action in favor of either sanitarydistrict vest in the successor sanitary district.
d. All rentals, taxes,assessments and other funds, charges or fees owed either of the sanitarydistricts are owed to and may be collected by the successor sanitary district.
e. Any action, suit, orproceeding pending against, or instituted by either of the sanitary districtsshall not be abated by its dissolution, but shall be continued and completed inthe same manner as if dissolution had not occurred. The successor sanitarydistrict shall be a party to all these actions, suits and proceedings in the place of the dissolved sanitary district and shall pay any judgment renderedagainst the sanitary district in any of these actions or proceedings. No newprocess need be served in any of the actions, suits or proceedings.
f. All obligations ofeither of the sanitary districts, including any outstanding indebtedness, areassumed by the successor sanitary district and all the obligations and outstandingindebtedness are constituted obligations and indebtedness of the successorsanitary district. The full faith and credit of the successor sanitarydistrict is deemed to be pledged for the punctual payment of the principal ofand interest on all general obligation bonds and bond anticipation notes ofeither of the sanitary districts, and all the taxable property within thesuccessor sanitary district shall be and remain subject to taxation for thesepayments.
g. All rules of eitherof the sanitary districts shall continue in effect until repealed or amended bythe governing body of the successor sanitary district. (1981,c. 951; 1983, c. 891, s. 2; 1987, c. 314, s. 2.)
§130A‑83. Merger of two contiguous sanitary districts.
Two contiguous sanitarydistricts may merge in the following manner:
(1) The sanitarydistrict board of each sanitary district must first adopt a common proposedplan of merger. The plan shall contain the name of the new or successorsanitary district, designate the members of the merging boards who shall serveas the interim sanitary district board for the new or successor district untilthe next election required by G.S. 130A‑50(b) and 163‑279, and anyother matters necessary to complete the merger.
(2) The merger maybecome effective only if approved by the voters of the two sanitary districts.In order to call an election, both boards shall adopt a resolution calling uponthe board of county commissioners in the county or counties in which thedistricts are located to call for an election on a date named by the sanitarydistrict boards after consultation with the appropriate boards of election. Theboard or boards of commissioners shall hold an election on the proposed mergerof the sanitary districts.
(3) The county board orboards of commissioners shall request the appropriate board of elections tohold and conduct the elections. All voters of the two sanitary districts shallbe eligible to vote.
(4) Notice of theelections shall be given as required in G.S. 163‑33(8). The board ofelections may use the method of registration set out in G.S. 163‑288.2.
(5) If an election iscalled as provided in subsection (2), the board or boards of elections shallprovide ballots for the election in substantially the following form:
"[] FOR the merger of the. . . . . . . . . . . . Sanitary District and the. . . . . . . . SanitaryDistrict into a single district to be known as the . . . . . . . . SanitaryDistrict, in which all the property, assets, liabilities, obligations, andindebtedness of the two districts become the property, assets, liabilities,obligations, and indebtedness of the . . . . . . . . Sanitary District.
[] AGAINST the merger of the .. . . . . . . Sanitary District and the. . . . . . . . Sanitary District into asingle district to be known as the . . . . . . . . Sanitary District, in whichall the property, assets, liabilities, obligations, and indebtedness of the twodistricts become the property, assets, liabilities, obligations, andindebtedness of the . . . . . . . . Sanitary District."
(6) If a majority of allthe votes cast in each sanitary district vote in favor of the merger, the twosanitary districts shall be merged on July 1 following the election. Should themajority of the votes cast in either sanitary district be against theproposition, the sanitary districts shall not be merged. If a majority of thevotes cast in either sanitary district are against the merger, any election onsimilar propositions of merger may not occur until one year from the date ofthe last election.
(7) Upon the merger oftwo sanitary districts pursuant to this section and the creation of a newdistrict, the merger becomes effective at 12 noon on the following July 1. Atthat time:
a. The two sanitarydistricts shall cease to exist as bodies politic and corporate, and the newsanitary district exists as a body politic and corporate.
b. All property, real,personal and mixed, belonging to the sanitary districts vests in and is theproperty of the new sanitary district.
c. All judgments,liens, rights of liens and causes of action in favor of either sanitarydistrict vest in the new sanitary district.
d. All rentals, taxes,assessments and other funds, charges or fees owed to either of the sanitarydistricts are owed to and may be collected by the new sanitary district.
e. Any action, suit, orproceeding pending against, or having been instituted by, either of thesanitary districts shall not be abated by its dissolution, but shall becontinued and completed in the same manner as if dissolution had not occurred.The new sanitary district shall be a party to all these actions, suits andproceedings in the place of the dissolved sanitary district and shall pay anyjudgment rendered against either of the sanitary districts in any of theseactions or proceedings. No new process need be served in any of the actions,suits or proceedings.
f. All obligations ofeither of the sanitary districts, including any outstanding indebtedness, areassumed by the new sanitary district and all the obligations and outstandingindebtedness are constituted obligations and indebtedness of the new sanitarydistrict. The full faith and credit of the new sanitary district is deemed tobe pledged for the punctual payment of the principal of and interest on allgeneral obligation bonds and bond anticipation notes of either of the sanitarydistricts, and all the taxable property within the new sanitary district shallremain subject to taxation for these payments.
g. All rules of eitherof the sanitary districts shall continue in effect until repealed or amended bythe governing body of the new sanitary district.
(8) Upon the merger oftwo sanitary districts pursuant to this section when one district is to bedissolved and the other district is to be a successor covering the territory ofboth, the merger becomes effective at 12 noon on the following July 1. At thattime:
a. One sanitarydistrict shall cease to exist as a body politic and corporate, and thesuccessor sanitary district continues to exist as a body politic and corporate.
b. All property, real,personal and mixed, belonging to the sanitary districts vests in, and is theproperty of the successor sanitary district.
c. All judgments,liens, rights of liens and causes of action in favor of either sanitarydistrict vest in the successor sanitary district.
d. All rentals, taxes,assessments and other funds, charges or fees owed either of the sanitarydistricts are owed to and may be collected by the successor sanitary district.
e. Any action, suit, orproceeding pending against, or instituted by either of the sanitary districtsshall not be abated by its dissolution, but shall be continued and completed inthe same manner as if dissolution had not occurred. The successor sanitarydistrict shall be a party to all these actions, suits and proceedings in the place of the dissolved sanitary district and shall pay any judgment renderedagainst the sanitary district in any of these actions or proceedings. No newprocess need be served in any of the actions, suits or proceedings.
f. All obligations ofeither of the sanitary districts, including any outstanding indebtedness, areassumed by the successor sanitary district and all the obligations and outstandingindebtedness are constituted obligations and indebtedness of the successorsanitary district. The full faith and credit of the successor sanitarydistrict is deemed to be pledged for the punctual payment of the principal ofand interest on all general obligation bonds and bond anticipation notes ofeither of the sanitary districts, and all the taxable property within thesuccessor sanitary district shall be and remain subject to taxation for thesepayments.
g. All rules of eitherof the sanitary districts shall continue in effect until repealed or amended bythe governing body of the successor sanitary district. (1981,c. 951; 1983, c. 891, s. 2; 1987, c. 314, s. 2.)
§130A‑83. Merger of two contiguous sanitary districts.
Two contiguous sanitarydistricts may merge in the following manner:
(1) The sanitarydistrict board of each sanitary district must first adopt a common proposedplan of merger. The plan shall contain the name of the new or successorsanitary district, designate the members of the merging boards who shall serveas the interim sanitary district board for the new or successor district untilthe next election required by G.S. 130A‑50(b) and 163‑279, and anyother matters necessary to complete the merger.
(2) The merger maybecome effective only if approved by the voters of the two sanitary districts.In order to call an election, both boards shall adopt a resolution calling uponthe board of county commissioners in the county or counties in which thedistricts are located to call for an election on a date named by the sanitarydistrict boards after consultation with the appropriate boards of election. Theboard or boards of commissioners shall hold an election on the proposed mergerof the sanitary districts.
(3) The county board orboards of commissioners shall request the appropriate board of elections tohold and conduct the elections. All voters of the two sanitary districts shallbe eligible to vote.
(4) Notice of theelections shall be given as required in G.S. 163‑33(8). The board ofelections may use the method of registration set out in G.S. 163‑288.2.
(5) If an election iscalled as provided in subsection (2), the board or boards of elections shallprovide ballots for the election in substantially the following form:
"[] FOR the merger of the. . . . . . . . . . . . Sanitary District and the. . . . . . . . SanitaryDistrict into a single district to be known as the . . . . . . . . SanitaryDistrict, in which all the property, assets, liabilities, obligations, andindebtedness of the two districts become the property, assets, liabilities,obligations, and indebtedness of the . . . . . . . . Sanitary District.
[] AGAINST the merger of the .. . . . . . . Sanitary District and the. . . . . . . . Sanitary District into asingle district to be known as the . . . . . . . . Sanitary District, in whichall the property, assets, liabilities, obligations, and indebtedness of the twodistricts become the property, assets, liabilities, obligations, andindebtedness of the . . . . . . . . Sanitary District."
(6) If a majority of allthe votes cast in each sanitary district vote in favor of the merger, the twosanitary districts shall be merged on July 1 following the election. Should themajority of the votes cast in either sanitary district be against theproposition, the sanitary districts shall not be merged. If a majority of thevotes cast in either sanitary district are against the merger, any election onsimilar propositions of merger may not occur until one year from the date ofthe last election.
(7) Upon the merger oftwo sanitary districts pursuant to this section and the creation of a newdistrict, the merger becomes effective at 12 noon on the following July 1. Atthat time:
a. The two sanitarydistricts shall cease to exist as bodies politic and corporate, and the newsanitary district exists as a body politic and corporate.
b. All property, real,personal and mixed, belonging to the sanitary districts vests in and is theproperty of the new sanitary district.
c. All judgments,liens, rights of liens and causes of action in favor of either sanitarydistrict vest in the new sanitary district.
d. All rentals, taxes,assessments and other funds, charges or fees owed to either of the sanitarydistricts are owed to and may be collected by the new sanitary district.
e. Any action, suit, orproceeding pending against, or having been instituted by, either of thesanitary districts shall not be abated by its dissolution, but shall becontinued and completed in the same manner as if dissolution had not occurred.The new sanitary district shall be a party to all these actions, suits andproceedings in the place of the dissolved sanitary district and shall pay anyjudgment rendered against either of the sanitary districts in any of theseactions or proceedings. No new process need be served in any of the actions,suits or proceedings.
f. All obligations ofeither of the sanitary districts, including any outstanding indebtedness, areassumed by the new sanitary district and all the obligations and outstandingindebtedness are constituted obligations and indebtedness of the new sanitarydistrict. The full faith and credit of the new sanitary district is deemed tobe pledged for the punctual payment of the principal of and interest on allgeneral obligation bonds and bond anticipation notes of either of the sanitarydistricts, and all the taxable property within the new sanitary district shallremain subject to taxation for these payments.
g. All rules of eitherof the sanitary districts shall continue in effect until repealed or amended bythe governing body of the new sanitary district.
(8) Upon the merger oftwo sanitary districts pursuant to this section when one district is to bedissolved and the other district is to be a successor covering the territory ofboth, the merger becomes effective at 12 noon on the following July 1. At thattime:
a. One sanitarydistrict shall cease to exist as a body politic and corporate, and thesuccessor sanitary district continues to exist as a body politic and corporate.
b. All property, real,personal and mixed, belonging to the sanitary districts vests in, and is theproperty of the successor sanitary district.
c. All judgments,liens, rights of liens and causes of action in favor of either sanitarydistrict vest in the successor sanitary district.
d. All rentals, taxes,assessments and other funds, charges or fees owed either of the sanitarydistricts are owed to and may be collected by the successor sanitary district.
e. Any action, suit, orproceeding pending against, or instituted by either of the sanitary districtsshall not be abated by its dissolution, but shall be continued and completed inthe same manner as if dissolution had not occurred. The successor sanitarydistrict shall be a party to all these actions, suits and proceedings in the place of the dissolved sanitary district and shall pay any judgment renderedagainst the sanitary district in any of these actions or proceedings. No newprocess need be served in any of the actions, suits or proceedings.
f. All obligations ofeither of the sanitary districts, including any outstanding indebtedness, areassumed by the successor sanitary district and all the obligations and outstandingindebtedness are constituted obligations and indebtedness of the successorsanitary district. The full faith and credit of the successor sanitarydistrict is deemed to be pledged for the punctual payment of the principal ofand interest on all general obligation bonds and bond anticipation notes ofeither of the sanitary districts, and all the taxable property within thesuccessor sanitary district shall be and remain subject to taxation for thesepayments.
g. All rules of eitherof the sanitary districts shall continue in effect until repealed or amended bythe governing body of the successor sanitary district. (1981,c. 951; 1983, c. 891, s. 2; 1987, c. 314, s. 2.)
