§ 130A-51. City governing body acting as sanitary district board.
§130A‑51. City governing body acting as sanitary district board.
(a) When the GeneralAssembly incorporates a city or town that includes within its territory fiftypercent (50%) or more of the territory of a sanitary district, the governingbody of the city or town shall become ex officio the governing board of thesanitary district if the General Assembly provides for this action in theincorporation act and if the existing sanitary district board adopts a finalresolution pursuant to this section. The resolution may be adopted at any timewithin the period beginning on the day the incorporation act becomes law andending 270 days after that date.
(b) To begin theprocess leading to the city or town board becoming ex officio the sanitarydistrict board, the board of the sanitary district shall first adopt apreliminary resolution finding that the interests of the citizens of thesanitary district and of the city or town will be best served if both units oflocal government are governed by a single governing body. This resolution shallalso set the time and place for a public hearing on the preliminary resolution.
(c) Upon adoption ofthis preliminary resolution, the chairperson of the sanitary district boardshall publish a notice of the public hearing once at least 10 days before thehearing in a newspaper of general circulation within the sanitary district.This notice shall set forth the time and place of the hearing and shall brieflydescribe its purpose. At the hearing, the board shall hear any citizen of thesanitary district or of the city or town who wishes to speak to the subject ofthe preliminary resolution.
(d) Within 30 daysafter the day of the public hearing, the sanitary district board may adopt afinal resolution finding that the interests of the citizens of the sanitarydistrict and of the city or town will be best served if both units are governedby a single board. This resolution shall set the date on which the terms ofoffice of the members of the sanitary district board end and that board isdissolved and service by the ex officio board begins. This date may be theeffective date of the incorporation of the city or town or any date within oneyear after the effective date. At that time, the sanitary district board isdissolved and the mayor and members of the governing body of the city or townbecome ex officio the board of the sanitary district. The mayor shall act exofficio as chairperson of the sanitary district board.
(e) The chairperson ofthe sanitary district board that adopts a final resolution shall within 10 daysafter the day the resolution is adopted, send a copy of the resolution to themayor and each member of the city or town governing board and to theDepartment. (1981, c. 201; 1983, c. 891, s. 2; 1995, c. 20, s.15.)