§ 130A-80.1. Merger of district with coterminous city or town; election.
§130A‑80.1. Merger of district with coterminous city or town; election.
A sanitary district may mergewith a coterminous city or town in the following manner:
(1) The sanitarydistrict board and the governing board of the city or town may resolve that itis advisable to call an election within the area of the sanitary district andthe city or town to determine if the sanitary district and the city or townshould merge;
(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;
(4) Notice of theelection shall be given as required in G.S. 163‑33(8);
(5) The board or boardsof elections shall provide ballots for the election in substantially thefollowing form:
"[] FOR mergerof the Town of . . . . . . . . . . and the . . . . . . . . . Sanitary District,if a majority of the registered voters vote in favor of merger, the area to beknown as the Town of . . . . . . . . . . . and to assume all of the obligationsof the Sanitary District and to receive from the Sanitary District all theproperty rights of the District.
[] AGAINSTmerger."
(6) A majority of allthe votes cast is necessary for the merger of a sanitary district with the cityor town. The merger shall be effective on July 1 following the election. If amajority of the votes cast is not in favor of the merger, an election on mergermay not occur until one year from the date of the 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; and
(8) If merger isapproved, the governing board of the city or town shall determine theproportion of the district's indebtedness, if any, which was incurred for theconstruction of water systems and the proportion which was incurred forconstruction of sewage disposal systems. The governing board shall send acertified copy of the determination to the Local Government Commission in orderthat the Commission and the governing body of the merged municipality can determinethe net debt of the merged municipality as required by G.S. 159‑55. (1989,c. 194, s. 1.)