NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 512

HOUSE BILL 615

 

 

AN ACT TO AMEND ARTICLE 12 OF CHAPTER 130 OF THE GENERAL STATUTES OF NORTH CAROLINA TO PROVIDE FOR THE DISSOLUTION OF SANITARY DISTRICTS WHICH HAVE NO OUTSTANDING INDEBTEDNESS AND THE BOUNDARIES OF WHICH ARE WHOLLY LOCATED WITHIN OR COTERMINOUS WITH THE CORPORATE LIMITS OF A CITY OR TOWN.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 12 of Chapter 130 of the General Statutes of North Carolina is hereby amended by inserting the following Section to be designated as indicated and to read as follows:

"§ 130-151.1.  In any sanitary district established under this Chapter which has no outstanding indebtedness and the boundaries of which are wholly located within or conterminous with the corporate limits of a city or town, fifty-one per cent (51%) or more of the resident freeholders within said district may petition the board of commissioners within the county in which all or the greater portion of the resident freeholders of the district are located to dissolve said district. Upon receipt of such petition, said board of commissioners through its chairman shall notify the State Board of Health, the chairman of the board of commissioners of any other county or counties in which any portion of the district lies and the governing body of the city or town within which such district lies of the receipt of such petition, and shall request that a representative of the State Board of Health hold a joint public hearing with said board or boards of commissioners and said governing body of such city or town. The State Health Director, the chairman of the board of commissioners of the county in which all or the greater portion of the resident freeholders are located and the presiding officer of the governing body of such city or town shall name a time and place within the boundaries of the district and such city or town at which the public hearing shall be held. The chairman of said board of commissioners shall give prior notice of such hearing by posting a notice at the courthouse door of the county and also by publication in a newspaper published in said county and circulating in said district at least once a week for four successive weeks and, in the event such hearing is to be before a joint meeting of the boards of commissioners of more than one county, then a like publication and notice shall be made and given in each of said counties. In the event that all matters pertaining to the dissolution of the sanitary district cannot be concluded at the hearing, any such hearing may be continued to a time and place determined by the representative of the State Board of Health. If, after such hearing, the State Board of Health, the board or boards of commissioners of the county or counties concerned and the governing body of such city or town shall deem it advisable to comply with the request of said petition, the State Board of Health shall adopt a resolution to that effect, whereupon the district shall be deemed dissolved and all taxes levied by such sanitary district which were levied prior to but which are collected after such dissolution shall vest in and inure to such city or town and all property, real, personal and mixed, of whatsoever character or description, or wheresoever situate, held, owned, controlled or used by such sanitary district upon such dissolution or which may thereafter be vested in such sanitary district, and any and all judgments, liens, rights of liens and causes of action of any and all kinds in favor of such sanitary district shall vest in and remain and inure to such city or town. From and after such dissolution, any taxes owing to such sanitary district shall be collected by such city or town and the proper officers thereof."

Sec. 2.  The powers granted by this Act are in addition to and not in substitution for any other powers heretofore or hereafter granted by any other law.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 22nd day of May, 1963.