§ 162A-4. Withdrawal from authority; joinder of new subdivision. - North Carolina Statutes

§ 162A‑4. Withdrawal from authority; joinder of new subdivision.

(a)        Whenever an authority has been organized under theprovisions of this Chapter, any political subdivision may withdraw therefrom atany time prior to the creation of any obligations by the authority, and anypolitical subdivision not having joined in the original organization may, withthe consent of the authority, join the authority; provided, that any politicalsubdivision not having joined the original organization shall have the right uponreasonable terms and conditions, whether the authority shall consent thereto ornot, to join the authority if the authority's water system or sewer system, orany part thereof is situated within the boundaries of the political subdivisionor of the county within which the political subdivision is located; provided,further, that any political subdivision authorized to join the authority byG.S. 162A‑5.1 may do so without the consent of the authority.

(b)        Any political subdivision desiring to withdraw from or tojoin an existing authority shall signify its desire by resolution adopted aftera public hearing thereon, notice of which hearing shall be given in the mannerand at the time provided in G.S. 162A‑3 or 162A‑3.1, asappropriate. Such notice shall contain a brief statement of the substance ofsaid resolution and shall state the time and place of the public hearing to beheld thereon. In the case of a political subdivision desiring to join theauthority, the resolution shall set forth all of the information required underG.S. 162A‑3 or 162A‑3.1, as appropriate, in connection with theoriginal organization of the authority, including the name and address of thefirst member of the authority from the joining political subdivision if theauthority was organized under G.S. 162A‑3.

(c)        A certified copy of each such resolution signifying thedesire of a political subdivision to withdraw from or to join an existingauthority, together with proof of publication of the notice of hearing on eachsuch resolution and, in cases where such resolution provides for the politicalsubdivision joining the authority, certified copies of the resolution of thegoverning bodies creating the authority consenting to such joining shall befiled with the Secretary of State of North Carolina. If the Secretary of Statefinds that the resolutions conform to the provisions of this Article and thatthe notices of hearing were properly published, he shall file such resolutionsand proofs of publication in his office and shall issue a certificate ofwithdrawal, or a certificate of joinder, as the case may be, and shall recordthe same in an appropriate book of record in his office. The withdrawal orjoining shall become effective upon the issuance of such certificate, and suchcertificate shall be conclusive evidence thereof. (1955, c. 1195, s. 4; 1969, c. 850; 1971, c. 892, s.1; c. 1093, s. 6; 1975, c. 224, s. 2; 1995, c. 207, s. 2; c. 509, s. 135.2(c).)