§ 3082a.
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§ 3082a. Merger
(a)Authority. Notwithstanding 24 V.S.A. chapter 49, a district may merge with one or more other districts as provided in this section. Such merger shall include all member municipalities of each of the merging districts. Section 3053 of this chapter applies to a new combined district formed pursuant to this section.
(b)Preliminary merger plan.
(1)The merging districts shall prepare a preliminary merger plan. The plan shall include provisions relating to structure, organization, functions, operation, finance, assets, rights, liabilities, contracts, consents required by law, or regulation, including adequate provisions for the satisfaction or assumption of all obligations of the district members concerned. More specifically, the plan shall include provisions clearly stating that, upon the effective date of the merger:
(A)all assets of whatever kind, owned, claimed, or held by each district shall become vested in and become assets owned by the combined district without any further act, deed, or instrument being necessary; and
(B)the combined district shall assume and be obligated to pay or otherwise perform each and every lawful obligation, debt, claim, bonded indebtedness, and other liability of each district without any further act, deed, or instrument being necessary.
(2)Upon approval of the preliminary merger plan by three-quarters vote of a quorum of the board of each of the merging districts, the notice and hearing requirements of subsection
(c)of this section shall be implemented.
(c)Notice and hearing.
(1)Not less than 45 days prior to the public hearing required by subdivision
(2)of this subsection, copies of the preliminary merger plan shall be distributed to the legislative bodies of the member municipalities of the merging districts.
(2)A public hearing on the plan shall be held in each merging district not less than 30 days prior to the vote referenced in subsection
(d)of this section. Notice of each hearing shall be distributed by member municipalities by local posting and electronic communications. In addition, each district shall publish notice in newspapers and other paid media relevant to its service territory. The last notice shall appear not later than three days before the final public hearing required by this subdivision.
(3)Not less than 30 days prior to the vote referenced in subsection
(d)of this section, notice of the proposed merger shall be distributed to each known creditor of the merging districts and such other entities as may be required by law, regulation, or contract.
(d)Vote of approval. Subsequent to the public hearings required by subsection
(c)of this section, a joint committee shall prepare a final merger plan for presentation to the boards of the merging districts. The plan shall take effect upon approval by two-thirds vote of a quorum of the board of each of the merging districts.
(e)Organizational meeting. The combined district’s initial organizational meeting shall be held within 90 days following the final vote to merge required under subsection
(d)of this section.
(f)Notice to Secretary of State. The district’s governing board shall notify the Secretary of State of the merger as provided in subsection 3053(a) of this chapter and shall provide notice to such other entities as may be required by law. (Added 2023, No. 99 (Adj. Sess.), § 2, eff. May 6, 2024.)