48-2003. Annexation of all the territory within a city or town

A. Notwithstanding section 48-2002, if a city or town desires to have annexed all the territory located within such city or town, or if a portion of the city or town lies within the sanitary district, the remaining territory within such city or town, to a sanitary district, and the sanitary district, by resolution duly adopted by the board of directors, desires to annex such territory, the annexation shall be as set forth in this section.

B. The sanitary district shall first adopt a resolution setting forth its intention to annex all or the remaining portion of the territory within the corporate boundaries of a city or town. Thereafter, the city or town council may call an election of the qualified electors within the city or town not residing within the area presently within the sanitary district to vote on the question of whether the territory contained in such city or town shall be annexed to the sanitary district. The election shall be conducted and held in substantially the same manner as an election held pursuant to section 9-514.

C. If a majority of the qualified electors voting at the election votes in favor of the annexation, as evidenced by the official canvass, the board of directors of the sanitary district by resolution may declare and order the territory included within the boundaries of the city or town annexed to the sanitary district.

D. On annexation of all of the territory included within a city or town to a sanitary district, the sanitary district has all of the powers and authority over such territory as it has over any other territory within a sanitary district and the city or town shall not authorize, institute, establish, make or carry on a competing sewer service nor engage in the collection or treatment of sewage within the city or town.