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§ 160B-6. Definition of urban service districts where no municipality existed.

§ 160B‑6. Definition of urban service districts where no municipality existed.

(a)        Standards. – The governing board, by resolution, may definean urban service district upon finding that a proposed district:

(1)        Has a resident population of at least 1,000;

(2)        Has a resident population density of at least one personper  acre;

(3)        Has an assessed valuation of at least two and one‑halfmillion dollars ($2,500,000);

(4)        Requires one or more of the services, facilities andfunctions that are provided or maintained only or to a greater extent for anurban service district; and

(5)        Does not include any territory within an activeincorporated  municipality.

(b)        Report. – Prior to the public hearing required by subsection(c), the consolidated city‑county shall prepare a report containing:

(1)        A map of the proposed district, showing its proposedboundaries;

(2)        A statement showing that the proposed district meets thestandards of subsection (a); and

(3)        A plan for providing urban services, facilities andfunctions for the district.

The report shall be available in the office of the clerk of theconsolidated city‑county for at least two weeks prior to the date of thepublic hearing.

(c)        Hearing and Notice. – The governing board shall hold apublic  hearing prior to adoption of any resolution defining a new urbanservice district. Notice of the hearing shall state the date, hour and place ofthe hearing and its subject, and shall include a statement that the reportrequired by subsection (b) is available for inspection in the office of theclerk of the consolidated city‑county. The notice shall be published in anewspaper of general circulation in the county at least once and not less thanone week prior to the date of the hearing. In addition it shall be mailed atleast four weeks prior to the date of the hearing to the owners as shown by thetax records of the consolidated city‑county of all property locatedwithin the proposed district. The person designated by the governing board tomail the notice shall certify to the governing board that the mailing has beencompleted and his certificate shall be conclusive in the absence of fraud. Thehearing may be held within the proposed district.

(d)        Effective Date. – The resolution defining an urban servicedistrict shall take effect at the beginning of a fiscal year commencing afterits passage, as determined by the governing board. (1973, c. 537, s. 1.)

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