21-117 - Merger of sanitary districts.
§ 21-117. Merger of sanitary districts.
Any two or more sanitary districts heretofore or hereafter created in anycounty under the provisions of this article, may be merged into a singledistrict by an order entered by the circuit court of such county, or thejudge thereof in vacation, upon the petition of not less than fifty qualifiedvoters residing within the boundaries of each of the districts desiring to beso merged, which order shall prescribe the metes and bounds and the name orother designation of the single district created by such merger. From andafter the entry of such order, the governing body of such county shall, as tothe single districts so created, have all the powers and duties, and besubject to all the conditions and limitations prescribed by § 21-118; and allfunds then on hand to the credit of each of the districts so merged shall bemerged into a single fund for the use and benefit of the consolidateddistrict, unless otherwise ordered by the court or judge upon the hearingnext herein provided for.
Upon the filing of the petition, a hearing shall be had before the court orjudge, after notice as provided by § 21-114, which notice shall require allinterested parties to appear and show cause, if any they can, (1) why thefunds then on hand to the credit of each of the merged districts should notbe merged into a single fund for the purpose above mentioned; (2) why aspecial tax should not be levied on all the property within the limits of theconsolidated district, subject to local taxation, sufficient to pay theinterest and create a sinking fund for payment of the principal at maturity,of any then outstanding bonds theretofore issued by any one or more of thedistricts so merged.
Upon the hearing, such order shall be made and entered as to the court orjudge may seem equitable and proper, concerning the combination of the fundson hand to the credit of each of the districts so merged, and the levying ofa special tax on all the taxable property within the limits of theconsolidated district, for the purposes hereinabove mentioned; provided thatsuch order shall preserve and protect the rights of the holders of any suchoutstanding bonds, whose rights, and interests shall not be limited oraffected by any of the provisions of this section.
(1942, p. 247; Michie Code 1942, § 1560s1.)