§ 130A-80.2. Merger of district with noncoterminous city or town it is contained wholly within; election. - North Carolina Statutes

§130A‑80.2.  Merger of district with noncoterminous city or town it iscontained wholly within; election.

A sanitary district may mergewith a city or town which it is contained wholly within, but where the sanitarydistrict and the city or town do not have coterminous boundaries, in thefollowing manner:

(1)        The sanitarydistrict board and the governing board of the city or town may resolve that itis advisable to call an election within both the sanitary district and the cityor town to determine if the sanitary district and the city or town shouldmerge;

(2)        If the sanitarydistrict board and the governing board of the city or town resolve that it isadvisable to call for an election, both boards shall adopt a resolutionrequesting the board of commissioners in the county or counties in which thedistrict and the town or city or any portion is located to hold an election ona date named by the sanitary district board and the governing board of the cityor town after consultation with the appropriate board or boards of elections.The election shall be held within the sanitary district and the city or town onthe question of merger;

(3)        The county board orboards of commissioners shall request the appropriate board or boards ofelections to hold and conduct the election. All voters of the city or town andthe sanitary district shall be eligible to vote if the election is called inboth areas as authorized in subdivision (1);

(4)        Notice of theelection shall be given as required in G.S. 163‑33(8). The board orboards of elections may use either 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 merger ofthe Town of . . . . . . . . . and the . . . . . . . . Sanitary District, if amajority of the registered voters of both the Sanitary District and the Townvote in favor of merger, the combined territories to be known as the Town of .. . . . . . . . . . . and to assume all of the obligations of the SanitaryDistrict and to receive from the Sanitary District all the property rights ofthe District; from and after merger residents of the District would enjoy allof the benefits of the municipality and would assume their proportionate shareof the obligations of the Town as merged.

[]          AGAINSTmerger."

(6)        A majority of allthe votes cast by voters of the sanitary district and a majority of all thevotes cast by voters of the city or town is necessary for the merger of asanitary district with the city or town. The merger shall be effective on July1 following the election. If a majority of the votes cast in either thesanitary district or the city or town vote 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 of asanitary district and a city or town pursuant to this section, the city or townshall assume all obligations of the sanitary district and the sanitary districtshall convey all property rights to the city or town. The vote for merger shallinclude a vote for the city or town to assume the obligations of the district.The sanitary district shall cease to exist as a political subdivision from andafter the effective date of the merger. After the merger, the residents of thesanitary district enjoy all of the benefits of the municipality and shallassume their share of the obligations of the city or town. All taxes levied andcollected by the city or town from and after the effective date of the mergershall be levied and collected uniformly in all the territory included in theenlarged municipality; and

(8)        If merger isapproved, the governing board of the city or town shall determine the proportionof the district's indebtedness, if any, which was incurred for the constructionof water systems and the proportion which was incurred for construction ofsewage disposal systems. The governing board shall send a certified copy of thedetermination to the Local Government Commission in order that the Commissionand the governing body of the merged municipality can determine the net debt ofthe merged municipality as required by G.S. 159‑55. (1989,c. 194, s. 2.)