§ 162A‑77.1. Special election upon the question of the merger of metropolitan seweragedistricts into cities or towns.
Any district lying entirely within the corporate limits of a city ortown may be merged into such city or town in accordance with the provisions ofthis section.
The governing body of a city or town, with the approval of the districtboard, shall call and conduct a special election within such city or town onthe question of the merger of the district into the city or town. A vote infavor of such merger shall constitute a vote for such city or town to assumethe obligations of the district. Such special election may be called andconducted by the governing body of a city or town upon its own motion afterpassage of a resolution of the district board requesting or approving thespecial election.
A new registration of voters shall not be required for the special election. The special election shall be conducted in accordance with theprovisions of law applicable to regular elections in the city or town.
If a majority of the votes are in favor of the merger, then:
(1) All property, real and personal and mixed, includingaccounts receivable, belonging to such district shall vest in, belong to, andbe the property of, such city or town. All district boards are herebyauthorized to take such actions and to execute such documents as will carryinto effect the provisions and the intent of this section.
(2) All judgments, liens, rights of liens, and causes of actionof any nature in favor of such district shall vest in and remain and inure tothe benefit of such city or town.
(3) All taxes, assessments, sewer charges, and any other debts,charges or fees, owing to such district shall be owed to and collected by suchcity or town.
(4) All actions, suits and proceedings pending against, orhaving been instituted by, such district shall not be abated by this section orby the merger herein provided for, but all such actions, suits, and proceedingsshall be continued and completed in the same manner as if merger had notoccurred, and such city or town shall be a party to all such actions, suits,and proceedings in the place and stead of the district and shall pay or causeto be paid any judgments rendered against the district in any such actions,suits, or proceedings. No new process need be served in any such action, suit,or proceeding.
(5) All obligations of the district, including outstandingindebtedness, shall be assumed by such city or town, and all such obligationsand outstanding indebtedness shall constitute obligations and indebtedness ofsuch city or town, and the full faith and credit of such city or town shall bedeemed to be pledged for the punctual payment of the principal of and theinterest on any general obligation bonds or bond anticipation notes of suchdistrict, and all the taxable property within such city or town, as well asthat formerly located within the district, shall be and remain subject totaxation for such payment.
(6) All ordinances, rules, regulations, and policies of such districtshall continue in full force and effect until repealed or amended by thegoverning body of such city or town.
(7) Such district shall be abolished, and shall no longer beconstituted a public body or a body politic and corporate, except for the purposesof carrying into effect the provisions and the intent of this section.
If a majority of the votes are against the merger, then such mergershall not be effective unless approved by a majority of the qualified voterswho vote thereon in a subsequent special election conducted under authority ofthis section.
Any action or proceeding in any court to set aside a special electionheld under authority of this section or the result thereof, or to obtain anyother relief upon the ground that such election or any proceeding or actiontaken with respect to the holding of such election is invalid, must becommenced within 30 days after the day of such special election. After theexpiration of such period of limitation, no right of action or defense foundedupon the invalidity of the election or the result thereof shall be asserted,nor shall the validity of the election or of the result thereof be open toquestion in any court upon any ground whatever, except in an action orproceeding commenced within such period. (1975, c. 448.)
§ 162A‑77.1. Special election upon the question of the merger of metropolitan seweragedistricts into cities or towns.
Any district lying entirely within the corporate limits of a city ortown may be merged into such city or town in accordance with the provisions ofthis section.
The governing body of a city or town, with the approval of the districtboard, shall call and conduct a special election within such city or town onthe question of the merger of the district into the city or town. A vote infavor of such merger shall constitute a vote for such city or town to assumethe obligations of the district. Such special election may be called andconducted by the governing body of a city or town upon its own motion afterpassage of a resolution of the district board requesting or approving thespecial election.
A new registration of voters shall not be required for the special election. The special election shall be conducted in accordance with theprovisions of law applicable to regular elections in the city or town.
If a majority of the votes are in favor of the merger, then:
(1) All property, real and personal and mixed, includingaccounts receivable, belonging to such district shall vest in, belong to, andbe the property of, such city or town. All district boards are herebyauthorized to take such actions and to execute such documents as will carryinto effect the provisions and the intent of this section.
(2) All judgments, liens, rights of liens, and causes of actionof any nature in favor of such district shall vest in and remain and inure tothe benefit of such city or town.
(3) All taxes, assessments, sewer charges, and any other debts,charges or fees, owing to such district shall be owed to and collected by suchcity or town.
(4) All actions, suits and proceedings pending against, orhaving been instituted by, such district shall not be abated by this section orby the merger herein provided for, but all such actions, suits, and proceedingsshall be continued and completed in the same manner as if merger had notoccurred, and such city or town shall be a party to all such actions, suits,and proceedings in the place and stead of the district and shall pay or causeto be paid any judgments rendered against the district in any such actions,suits, or proceedings. No new process need be served in any such action, suit,or proceeding.
(5) All obligations of the district, including outstandingindebtedness, shall be assumed by such city or town, and all such obligationsand outstanding indebtedness shall constitute obligations and indebtedness ofsuch city or town, and the full faith and credit of such city or town shall bedeemed to be pledged for the punctual payment of the principal of and theinterest on any general obligation bonds or bond anticipation notes of suchdistrict, and all the taxable property within such city or town, as well asthat formerly located within the district, shall be and remain subject totaxation for such payment.
(6) All ordinances, rules, regulations, and policies of such districtshall continue in full force and effect until repealed or amended by thegoverning body of such city or town.
(7) Such district shall be abolished, and shall no longer beconstituted a public body or a body politic and corporate, except for the purposesof carrying into effect the provisions and the intent of this section.
If a majority of the votes are against the merger, then such mergershall not be effective unless approved by a majority of the qualified voterswho vote thereon in a subsequent special election conducted under authority ofthis section.
Any action or proceeding in any court to set aside a special electionheld under authority of this section or the result thereof, or to obtain anyother relief upon the ground that such election or any proceeding or actiontaken with respect to the holding of such election is invalid, must becommenced within 30 days after the day of such special election. After theexpiration of such period of limitation, no right of action or defense foundedupon the invalidity of the election or the result thereof shall be asserted,nor shall the validity of the election or of the result thereof be open toquestion in any court upon any ground whatever, except in an action orproceeding commenced within such period. (1975, c. 448.)
§ 162A‑77.1. Special election upon the question of the merger of metropolitan seweragedistricts into cities or towns.
Any district lying entirely within the corporate limits of a city ortown may be merged into such city or town in accordance with the provisions ofthis section.
The governing body of a city or town, with the approval of the districtboard, shall call and conduct a special election within such city or town onthe question of the merger of the district into the city or town. A vote infavor of such merger shall constitute a vote for such city or town to assumethe obligations of the district. Such special election may be called andconducted by the governing body of a city or town upon its own motion afterpassage of a resolution of the district board requesting or approving thespecial election.
A new registration of voters shall not be required for the special election. The special election shall be conducted in accordance with theprovisions of law applicable to regular elections in the city or town.
If a majority of the votes are in favor of the merger, then:
(1) All property, real and personal and mixed, includingaccounts receivable, belonging to such district shall vest in, belong to, andbe the property of, such city or town. All district boards are herebyauthorized to take such actions and to execute such documents as will carryinto effect the provisions and the intent of this section.
(2) All judgments, liens, rights of liens, and causes of actionof any nature in favor of such district shall vest in and remain and inure tothe benefit of such city or town.
(3) All taxes, assessments, sewer charges, and any other debts,charges or fees, owing to such district shall be owed to and collected by suchcity or town.
(4) All actions, suits and proceedings pending against, orhaving been instituted by, such district shall not be abated by this section orby the merger herein provided for, but all such actions, suits, and proceedingsshall be continued and completed in the same manner as if merger had notoccurred, and such city or town shall be a party to all such actions, suits,and proceedings in the place and stead of the district and shall pay or causeto be paid any judgments rendered against the district in any such actions,suits, or proceedings. No new process need be served in any such action, suit,or proceeding.
(5) All obligations of the district, including outstandingindebtedness, shall be assumed by such city or town, and all such obligationsand outstanding indebtedness shall constitute obligations and indebtedness ofsuch city or town, and the full faith and credit of such city or town shall bedeemed to be pledged for the punctual payment of the principal of and theinterest on any general obligation bonds or bond anticipation notes of suchdistrict, and all the taxable property within such city or town, as well asthat formerly located within the district, shall be and remain subject totaxation for such payment.
(6) All ordinances, rules, regulations, and policies of such districtshall continue in full force and effect until repealed or amended by thegoverning body of such city or town.
(7) Such district shall be abolished, and shall no longer beconstituted a public body or a body politic and corporate, except for the purposesof carrying into effect the provisions and the intent of this section.
If a majority of the votes are against the merger, then such mergershall not be effective unless approved by a majority of the qualified voterswho vote thereon in a subsequent special election conducted under authority ofthis section.
Any action or proceeding in any court to set aside a special electionheld under authority of this section or the result thereof, or to obtain anyother relief upon the ground that such election or any proceeding or actiontaken with respect to the holding of such election is invalid, must becommenced within 30 days after the day of such special election. After theexpiration of such period of limitation, no right of action or defense foundedupon the invalidity of the election or the result thereof shall be asserted,nor shall the validity of the election or of the result thereof be open toquestion in any court upon any ground whatever, except in an action orproceeding commenced within such period. (1975, c. 448.)
