§ 153A-314. Extension of service districts. - North Carolina Statutes

§ 153A‑314. Extension of service districts.

(a)        Standards. – A board of commissioners may by resolutionannex territory to a research and production service district upon findingthat:

(1)        The conditions, covenants, restrictions, and reservationsrequired by G.S. 153A‑312(a)(8) that apply to all real property in theresearch district, other than property owned by the federal government, alsoapply or will apply to the property, other than property owned by the federalgovernment, to be annexed.

(2)        One hundred percent (100%) of the owners of real property inthe area to be annexed have petitioned for annexation.

(3)        The district, following the annexation, will continue tomeet the standards set out in G.S. 153A‑312(a).

(4)        The area to be annexed requires the services, facilities,or  functions financed, provided, or maintained for the district.

(5)        The area to be annexed is contiguous to the district.

(b)        Report. – Before the public hearing required by subsection(c), the board shall cause to be prepared a report containing:

(1)        A map of the district and the adjacent territory proposed tobe annexed, showing the present and proposed boundaries of the district; and

(2)        A statement showing that the area to be annexed meets thestandards and requirements of subsection (a) of this section.

Thereport shall be available for public inspection in the office of the clerk tothe board for at least four weeks before the date of the public hearing.

(c)        Hearing and Notice. – The board shall hold a public hearingbefore adopting any resolution extending the boundaries of a service district.Notice of the hearing shall state the date, hour and place of the hearing andits subject, and shall include a statement that the report required bysubsection (b) of this section is available for inspection in the office of theclerk to the board. The notice shall be published at least once not less thanfour weeks before the hearing. In addition, the notice shall be mailed at leastfour weeks before the date of the hearing by any class of U.S. mail which isfully prepaid to the owners as shown by the county tax records as of thepreceding January 1 (and at the address shown thereon) of all property locatedwithin the area to be annexed. The person designated by the board to mail thenotice shall certify to the board that the mailing has been completed, and thecertificate shall be conclusive in the absence of fraud.

(d)        Effective Date. – The resolution extending the boundaries ofthe district shall take effect at the beginning of a fiscal year commencingafter its passage, as determined by the board. (1985, c. 435, s. 1.)