North Carolina General Statutes 162A-860. Merger of units
(a) Any unit may merge with any other unit, any county, any city, any consolidated city-county, any sanitary district created pursuant to Part 2 of Article 2 of Chapter 130A of the N.C. Gen. Stat., any joint agency created pursuant to Part 1 or Part 5 of Article 20 of Chapter 160A of the N.C. Gen. Stat., or any joint agency that was created by agreement between two cities and towns to operate an airport pursuant to N.C. Gen. Stat. § 63-56 and that provided drinking water and wastewater services off the airport premises before January 1, 1995, if the merger is a condition of receiving a grant from the Viable Utility Reserve as provided in Article 2 of Chapter 159G of the N.C. Gen. Stat.. The Environmental Management Commission shall adopt a resolution transferring the assets, liabilities, and other obligations to the entity with which the unit is being merged and dissolving the unit as provided for in this Article.
(b) Any unit may merge with any other unit, any county, any city, any consolidated city-county, any sanitary district created pursuant to Part 2 of Article 2 of Chapter 130A of the N.C. Gen. Stat., any joint agency created pursuant to Part 1 or Part 5 of Article 20 of Chapter 160A of the N.C. Gen. Stat., or any joint agency that was created by agreement between two cities and towns to operate an airport pursuant to N.C. Gen. Stat. § 63-56 and that provided drinking water and wastewater services off the airport premises before January 1, 1995, on approval by the Environmental Management Commission, upon consultation with the Department of Environmental Quality and the Local Government Commission. The Environmental Management Commission may adopt a resolution transferring the assets, liabilities, and other obligations to the entity with which the unit is being merged and dissolving the unit as provided for in this Article, if the Environmental Management Commission deems the merger in the best interest of the people of the State.
(c) The Environmental Management Commission shall adopt a resolution dissolving a unit and transferring the assets, liabilities, and other obligations of the unit to another unit when the procedures set forth in N.C. Gen. Stat. § 162A-855 have been completed and all of the following apply:
(1) Both units are created pursuant to Article 5 of this Chapter.
Terms Used In North Carolina General Statutes 162A-860
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Both units are located in the same county.
(3) The jurisdiction of the units is contiguous.
(4) The unit to be merged and dissolved does not directly provide sewerage services to any customers.
(5) The unit to be merged and dissolved leases its assets to the unit with which it is proposed to be merged.
(6) The unit to be merged and dissolved has no outstanding debts. (2020-79, s. 2.)