§ 160A-538. Extension of service districts. - North Carolina Statutes

§ 160A‑538. Extension of service districts.

(a)        Standards. – The city council may by resolution annexterritory to any service district upon finding that:

(1)        The area to be annexed is contiguous to the district, withat least one eighth of the area's aggregate external boundary coincident withthe existing boundary of the district;

(2)        That the area to be annexed requires the services of thedistrict.

(b)        Annexation by Petition. – The city council may also byresolution extend by annexation the boundaries of any service district when onehundred percent (100%) of the real property owners of the area to be annexedhave petitioned the council for annexation to the service district.

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

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

(2)        A statement showing that the area to be annexed meets thestandards and requirements of subsections (a) or (b); and

(3)        A plan for extending services to the area to be annexed.

The report shall be available for public inspection in the office ofthe city clerk for at least two weeks before the date of the public hearing.

(d)        Hearing and Notice. – The council shall hold a publichearing  before adopting any resolution extending the boundaries of a servicedistrict. Notice of the hearing shall state the date, hour and place of thehearing and its subject, and shall include a statement that the report requiredby subsection (c) is available for inspection in the office of the city clerk.The notice shall be published at least once not less than one week before thedate of the hearing. In addition, the notice shall be mailed at least fourweeks before the date of the  hearing to the owners as shown by the county taxrecords as of the preceding January 1 of all property located within the areato be annexed. The notice may be mailed by any class of U.S. mail which isfully prepaid. The person designated by the council to mail the notice shallcertify to the council that the mailing has been completed, and his certificateshall be conclusive in the absence of fraud.

(e)        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 council.

(f)         (For applicability seenote) A service district which at the time of its creation had thesame boundaries as an historic district created under Part 3A of Article 19 ofthis Chapter may only have its boundaries extended to include territory whichhas been added to the historic district. (1973, c. 655, s. 1; 1981, c. 53, s. 2; 1987, c. 621, s. 2.)