BC 1983 05 26 - Laserfiche WebLink

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299 Unit, all authority and power of the Constituent Boards shall cease and terminate, and the resulting Merged Board shall control, administer and operate all the schools formerly administered by the existing two administrative units. By way of illustration and not by way of limitation, on and after the Effective Date, the Merged Board shall have and exercise all statutory powers given to boards of education in general with the authority to pre- pare and submit to the Board of Commissioners of Cabarrus County (the "Commissioners") all necessary budgets, including supplemental budgets. At the time required by law, the Merged Board shall prepare and submit to the Commissioners all necessary capital outlay, debt service and current expense budgets. The Merged Board shall expend all funds in conformity with approved budgets and/or may operate under such continuing budget resolutions as are or may be approved by the Commissioners and the Merged Board. Subject to existing contracts, the Merged Board shall also have all necessary power and authority to make contracts, to hire personnel, including a superintendent for the Merged Unit, and to adopt policies and administrative procedures as the same may relate to all matters for the school year 1983- 1984, and for subsequent school years. 6. Transfer of Facilities, Properties, Funds, Contracts and Other Obligations to Merged Board. Upon the Effective Date, the title to all property of the City Board and the County Board, both real and personal, of every kind and description shall be vested in the Merged Board. The Merged Board shall thereafter, possess all the powers, rights, privileges, immunities of each of the constituent boards including all powers, rights, privileges, and immunities conferred by Chapter 115C of the North Carolina General Statutes; and all property, real, personal and mixed and all debts due on whatever account and all other choses in action, and all and every other interest of or belonging to or due to each of the constituent boards so merged and consolidated shall be taken and deemed to be transferred to and vested in the Merged Board without further act or deed. The Merged Board shall thereafter be responsible and liable for all liabilities and obligations of each of the constituent boards and any claim existing or action or proceeding pending by or against either of such boards may be prosecuted as if such merger or consolidation had not taken place and any judgment rendered against any of the Constituent Boards may be enforced against the surviving successor board. Such merger shall not affect any rights of creditors. Ail facilities, properties, structures, funds, contracts, including contracts of employment, deeds, titles and other obligations, assets and liabilities of the constituent boards shall be transferred to and shall be binding upon the Merged Board without further action on behalf of either of the Constituent Boards. This agreement shall be filed with the office of the Secretary of State of North Carolina and filed and duly indexed at the office of the Register of Deeds for Cabarrus County, North Carolina as soon after the Effective Date of the merger as possible, but the failure to file this agreement shall not invalidate the provisions of the agreement. 7. Attendance Areas. The Constituent Boards acknowledge that a significant, motivating consideration in adopting this plan of merger and consolidation is the desire by both the City Board and the County Board to utilize existing school facilities fully and to avoid the unnecessary construction of supplemental school facilities. Similarly, the Constituent boards recognize and affirm the desirability of continuing existing school attendance areas and student school assignments. In consideration of these factors, until July 1, 1987 when a majority of the membership of the Merged Board shall have been subject to election by the qualified voters residing within the Merged Unit boundary lines, the alteration or modification of the school attendance area of any school~located within the Merged Unit existing upon the Effective Date and the assignment of students thereto shall be subject to the following mandatory criteria: a. Subject to subparagraphs 7c and 7d, the Merged Board shall not alter or modify any school attendance area for the school year 1983-84.