§ 160A-537. Definition of service districts. - North Carolina Statutes

§ 160A‑537.  Definitionof service districts.

(a)        Standards. – Thecity council of any city may by resolution define a service district uponfinding that a proposed district is in need of one or more of the services,facilities, or functions listed in G.S. 160A‑536 to a demonstrablygreater extent than the remainder of the city.

(b)        Report. – Beforethe public hearing required by subsection (c), the city council shall cause tobe prepared a report containing:

(1)        A map of theproposed district, showing its proposed boundaries;

(2)        A statement showingthat the proposed district meets the standards set out in subsection (a); and

(3)        A plan for providingin the district one or more of the services listed in G.S. 160A‑536.

The report shall be availablefor public inspection in the office of the city clerk for at least four weeksbefore the date of the public hearing.

(c)        Hearing and Notice.– The city council shall hold a public hearing before adopting any resolutiondefining a new service district under this section. Notice of the hearing shallstate the date, hour, and place of the hearing and its subject, and shallinclude a map of the proposed district and a statement that the report requiredby subsection (b) is available for public inspection in the office of the cityclerk. The notice shall be published at least once not less than one weekbefore the date of the hearing. In addition, it shall be mailed at least fourweeks before the date of the hearing by any class of U.S. mail which is fullyprepaid to the owners as shown by the county tax records as of the precedingJanuary 1 (and at the address shown thereon) of all property located within theproposed district. The person designated by the council to mail the noticeshall certify to the council that the mailing has been completed and hiscertificate is conclusive in the absence of fraud.

(d)        Effective Date. – Theresolution defining a service district shall take effect at the beginning of afiscal year commencing after its passage, as determined by the city council,except that if the governing body in the resolution states that generalobligation bonds are anticipated to be authorized for the project, it may makethe resolution effective immediately upon its adoption, but no ad valorem taxmay be levied for a partial fiscal year.

(e)        In the case of aresolution defining a service district, which is adopted during the periodbeginning July 1, 1981, and ending July 31, 1981, and which district is for anypurpose defined in G.S. 160A‑536(1), the city council may make theresolution effective for the fiscal year beginning July 1, 1981. In any suchcase, the report under subsection (b) of this section need only have beenavailable for public inspection for at least two weeks before the date of thepublic hearing, and the notice required by subsection (c) of this section needonly have been mailed at least two weeks before the date of the hearing. (1973, c. 655, s. 1; 1981, c.53, s. 1; c. 733, s. 1; 2006‑162, s. 25.)