§ 130A-85. Further dissolution procedures. - North Carolina Statutes

§130A‑85.  Further dissolution procedures.

(a)        The County Board ofCommissioners may dissolve a Sanitary District located entirely within onecounty upon the following conditions:

(1)        There are 500 orless resident freeholders residing within the District;

(2)        The District has nooutstanding bonded indebtedness;

(3)        The Board ofCommissioners agrees to assume and pay any other outstanding legal indebtednessof the District;

(4)        The Board ofCommissioners adopts a plan providing for continued operation and provision ofall services previously being performed or rendered to the District.  No planshall be adopted unless at the time of its adoption any water and sewer orsanitary system being operated by the District is in compliance with all local,State, and federal rules and regulations; and

(5)        The Board ofCommissioners adopts a resolution finding that the interest of the citizens ofthe Sanitary District and the county will be best served if the operation andthe services provided by the District were provided for by the Board ofCommissioners.

(a1)      The County Board ofCommissioners may dissolve a Sanitary District located entirely within onecounty and for which no District Board members have been elected within eightyears preceding dissolution, upon the following conditions:

(1)        The District has nooutstanding legal indebtedness;

(2)        The Board ofCommissioners adopts a plan providing for continued operation and provision ofall services, if any, previously being performed or rendered to the District. No plan shall be adopted unless at the time of its adoption any water and seweror sanitary system being operated by the District is in compliance with alllocal, State, and federal rules and regulations; and

(3)        The Board ofCommissioners adopts a resolution finding that the interest of the citizens ofthe Sanitary District and the county will be best served if the operation andthe services provided by the District are provided for by the Board ofCommissioners.

When all actions relating todissolution of the sanitary district have been completed, the chairperson ofthe County Board of Commissioners shall notify the Department.

(b)        Prior to takingaction to dissolve a Sanitary District, the Board of Commissioners shall hold apublic hearing concerning dissolution of the District.  The County Board ofCommissioners shall give notice of the hearing by publication of notice thereofin a newspaper or newspapers with general circulation in the county, once perweek for three consecutive weeks.  If, after the hearing, the Board ofCommissioners deems it advisable to dissolve the District, they shallthereafter adopt the resolution and plan provided for herein.

During the period commencingwith the first publication of notice of the public hearing as herein provided,and for a period of 60 days following the public hearing, the Board ofCommissioners of the District may not enter into any contracts, incur anyindebtedness or pledge, or encumber any of the District's assets except in theordinary course of business.

(c)        Upon adoption ofthe resolution provided for herein, all property, real, personal, and mixed,belonging to the District vests in and becomes the property of the county; alljudgments, liens, rights of liens and causes of action in favor of the Districtvests in the county; and all rentals, taxes and assessments and other funds,charges or fees owed to the District may be collected by the county.

(d)        Followingdissolution of the District, the county may operate, maintain, and extend theservices previously provided for by the District either:

(1)        As a part of countygovernment; or

(2)        As a servicedistrict created on or after January 1, 1987, under Article 16 of Chapter 153Aof the General Statutes to serve at least the area of the Sanitary District.

In lieu thereof, the servicesmay be provided by any authority or district created after January 1, 1987,under this Article, or Articles 1, 4, 5 or 6 of Chapter 162A of the GeneralStatutes to serve at least the area of the District.  In such case, the countymay convey the property, including all judgments, liens, rights of liens,causes of action, rentals, taxes and assessments mentioned in subsection (c) ofthis section, to that authority or District. (1987, c. 521; 1991, c. 417.)