§ 153A-405. Referendum; General Assembly action. - North Carolina Statutes

§ 153A‑405. Referendum; General Assembly action.

(a)        If authorized to do so by the concurrent resolutions thatestablished it, a commission may call a referendum on its proposed plan ofgovernmental consolidation.  If authorized or directed in the concurrentresolutions, the ballot question may include the assumption of debt secured bya pledge of faith and credit language and may also include the assumption ofthe right to issue authorized but unissued faith and credit debt language asprovided in subsection (b) of this section.  The referendum may be held on thesame day as any other referendum or election in the county or countiesinvolved, but may not otherwise be held during the period beginning 30 daysbefore and ending 30 days after the day of any other referendum or election tobe conducted by the board or boards of elections conducting the referendum andalready validly called or scheduled by law.

(b)        The proposition submitted to the voters shall besubstantially in one or more of the following forms and may include part or allof the bracketed language as appropriate and other such modifications as may beneeded to reflect the issued debt secured by a pledge of faith and credit ofany of the consolidating units or the portion of the authorized but unissueddebt secured by a pledge of faith and credit of any of the consolidating unitsthe right to issue which is proposed to be assumed by the consolidated city‑county:

(1)        "Shall the County of _________________ and the Countyof ________________ be consolidated [and the consolidated unit assume the debtof each secured by a pledge of faith and credit, [the right to issue authorizedbut unissued debt to be secured by a pledge of faith and credit [(including anysuch debt as may be authorized for said counties on the date of thisreferendum)] and any of said authorized but unissued debt as may be hereafterissued,] and be authorized to levy taxes in an amount sufficient to pay theprincipal of and the interest on said debt secured by a pledge of faith and credit]?

            [  ]  YES        [  ]  NO"

(2)        "Shall the City of ______________ and the City of_______________ be consolidated [and the consolidated unit assume the debt ofeach secured by a pledge of faith and credit, [the right to issue authorizedbut unissued debt to be secured by a pledge of faith and credit [(including anysuch debt as may be authorized for said cities on the date of this referendum)]and any of said authorized but unissued debt as may be hereafter issued,] andbe authorized to levy taxes in an amount sufficient to pay the principal of andthe interest on said debt secured by a pledge of faith and credit]?

            [  ]  YES        [  ]  NO"

(3)        "Shall the City of _________________ and the County of________________ be consolidated [and the consolidated unit assume the debt ofeach secured by a pledge of faith and credit, [the right to issue authorizedbut unissued debt to be secured by a pledge of faith and credit [(including anysuch debt as may be authorized for said city or county on the date of thisreferendum)] and any of said authorized but unissued debt as may be hereafterissued,] and be authorized to levy taxes in an amount sufficient to pay theprincipal of and the interest on said debt secured by a pledge of faith andcredit]?

            [  ]  YES        [  ]  NO"

(c)        The proposition submitted to the voters shall besubstantially in one of the following forms:

(1)        "Shall the County of _____________ and the County of______________ be consolidated?

            [  ]  YES        [  ]  NO"

(2)        "Shall the City of _____________ and the City of______________ be consolidated?

            [  ]  YES        [  ]  NO"

(3)        "Shall the City of ____________ and the County of___________ be consolidated?

            [  ]  YES        [  ]  NO"

(d)        If the proposition is to consolidate two or more counties orto consolidate two or more cities, to be approved it must receive the votes ofa majority of those voting in each of the counties or cities, as the case maybe.  If the proposition is to consolidate one or more cities with a county, tobe approved it must receive the votes of a majority of those voting in thereferendum.  In addition, no governmental consolidation may become effectiveuntil enacted into law by the General Assembly.

(e)        Subsection (b) of this section applies to any county thathas (i) a population over 120,000 according to the most recent federaldecennial census and (ii) an area of less than 200 square miles.  Subsection(c) of this section applies to all other counties.  If any subsection orprovision of this section is declared unconstitutional or invalid by thecourts, it does not affect the validity of the section as a whole or any partother than the part so declared to be unconstitutional or invalid, providedthat if the classifications in subsections (b) and (c) of this section are heldunconstitutional or invalid then subsection (c) of this section is repealed andsubsection (b) of this section shall be applicable uniformly to all counties. (1973, c. 822, s. 1; 1995, c. 461, s. 5; 1995 (Reg.Sess., 1996), c. 742, s. 38.)