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"The form of government now in effect for the City of Columbia shall be the form of government for the consolidated city. The provisions pertinent to this discussion are the following:
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As permitted by Section 47-13 of the Code, the corporate authorities of the two municipalities entered into an agreement as to the terms and conditions *64 of the consolidation which was printed in full on the ballots used in the election.
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No question is raised as to the validity of the annexation. Pursuant to the procedure prescribed in Title 47, Chapter I, Article 2 of the 1952 Code, relating to the extension of the corporate limits of cities and towns, the territory within the Town of Eau Claire was annexed to the City of Columbia on December 2, 1955. The following is a summary of the facts stated in the complaint: Involved is the question of whether the consolidation of the two municipalities resulted in the merger of their municipally owned utility systems. A declaratory judgment is sought with respect to the right of the City of Columbia, as it existed prior to the merger, to issue further revenue bonds on a parity with those now outstanding for the purpose of enlarging and improving its water and sewer facilities. This action stems from the merger of the Town of Eau Claire and the City of Columbia. Scholenberger, Assistant City Attorney, of Columbia, and Sinkler, Gibbs & Simons, of Charleston, for Respondent. Monroe Fulmer, City Attorney, and John W. Nelson, Mullins & Grier, of Columbia, for Appellants.
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