Section 768. Debts, liabilities and obligations  


Latest version.
  • 1. All valid and lawful
      debts and liabilities existing against a consolidated  local  government
      entity, or which may thereafter arise or accrue against the consolidated
      local  government entity, which but for consolidation would be valid and
      lawful debts or liabilities against one or more of the  component  local
      government  entities, shall be deemed and taken to be like debts against
      or liabilities of the consolidated local  government  entity  and  shall
      accordingly be defrayed and answered to by it to the same extent, and no
      further  than,  the  component local government entities would have been
      bound if no consolidation had taken place.
        2. The rights of creditors and all liens upon the property of  any  of
      the  component  local  government  entities  of a consolidation shall be
      preserved unimpaired. The respective component entities shall be  deemed
      to  continue  in  existence  to  preserve such rights and liens, and all
      debts, liabilities and duties of any of  the  component  entities  shall
      thenceforth  attach  to  the consolidated local government entity and be
      enforced against it to the same extent as if such debts, liabilities and
      duties had  been  incurred  or  contracted  by  the  consolidated  local
      government entity.
        3.  All  bonds,  contracts  and  obligations of the component entities
      which exist as legal obligations shall be deemed like obligations of the
      consolidated local government entity, and all such  obligations  as  are
      authorized  or  required to be issued or entered into shall be issued or
      entered into by and in the name of  the  consolidated  local  government
      entity.
        * NB Effective March 21, 2010