§ 160B-8. Consolidation of urban service districts. - North Carolina Statutes

§ 160B‑8. Consolidation of urban service districts.

(a)        Standards. – The governing board, by resolution, mayconsolidate two or more urban service districts upon finding that:

(1)        The districts are contiguous or are in a continuousboundary; and

(2)        The provision or maintenance of urban services, facilitiesand functions for each of the districts is substantially the same; or

(3)        If the provision or maintenance of urban services,facilities and functions is lower for one of the districts, there is a need toincrease those services, facilities and functions for that district. However,no urban service district providing electric or telephone services may beconsolidated with any other urban service district unless the voters of thedistrict providing these utility services approve the consolidation in areferendum held for that purpose. Any consolidated city‑county may holdthese referendums.

(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 districts to be consolidated;

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

(3)        If necessary, a plan for increasing the urban services,facilities and functions for one of the districts so that they aresubstantially the same throughout the consolidated 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 consolidating urban servicedistricts. 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 (b) is available for inspection in the office of the clerk of theconsolidated city‑county. Notice shall be published in a newspaper ofgeneral circulation in the county at least once and not less than two weeksprior to the date of the hearing. In addition, if the services, facilities andfunctions for one of the districts will be substantially increased as a resultof the consolidation, notice shall be mailed at least four weeks prior to thedate of the hearing to the owners as shown by the tax records of theconsolidated city‑county of all property located within the district. Theperson designated by the governing board to mail the notice shall certify tothe governing board that the mailing has been completed and his certificateshall be conclusive in the absence of fraud.

(d)        Effective Date. – The consolidation of urban servicedistricts shall take effect at the beginning of a fiscal year commencing afterpassage of the resolution of consolidation, as determined by the governingboard. (1973, c. 537, s. 1.)