§ 162A-33. Procedure for creation; resolutions and petitions for creation; notice to and action by Commission for Public Health; notice and public hearing; resolutions creating districts; actions to s - North Carolina Statutes

§ 162A‑33.  Procedurefor creation; resolutions and petitions for creation; notice to and action byCommission for Public Health; notice and public hearing; resolutions creatingdistricts; actions to set aside proceedings.

Any two or more politicalsubdivisions in a county, or any political subdivision or subdivisions,including any existing water or sewer district, and any unincorporated area orareas located within the same county, which political subdivisions or areasneed not be contiguous, may petition the board of commissioners for thecreation of a metropolitan water district under the provisions of this Articleby filing with the board of commissioners:

(1)        A resolution of thegoverning body of each such political subdivision stating the necessity for thecreation of a metropolitan water district under the provisions of this Articlein order to preserve and promote the public health and welfare within the areaof the proposed district, and requesting the creation of a metropolitan waterdistrict having the boundaries set forth in said resolution, and

(2)        If anyunincorporated area is to be included in such district, a petition, signed bynot less than fifteen per centum (15%) of the voters resident within such area,defining the boundaries of such area, stating the necessity for the creation ofa metropolitan water district under the provisions of this Article in order topreserve and promote the public health and welfare within the proposeddistrict, and requesting the creation of a metropolitan water district havingthe boundaries set forth in such petition for such district.

If any water district, sewerdistrict or special purpose district shall encompass wholly or in part withinits boundaries a city or town, no such water district, sewer district orspecial purpose district may petition for inclusion within a metropolitan waterdistrict unless the governing body of such city or town shall approve suchpetition or shall also petition for its inclusion within such metropolitanwater district.

Upon the receipt of suchresolutions and petitions requesting the creation of a metropolitan waterdistrict, the board of commissioners, through its chairman shall notify theDepartment of Environment and Natural Resources of the receipt of suchresolutions and petitions, and shall request that a representative of theDepartment of Environment and Natural Resources hold a joint public hearingwith the board of commissioners concerning the creation of the proposedmetropolitan water district. The Secretary of Environment and Natural Resourcesand the chairman of the board of commissioners shall name a time and placewithin the proposed district at which the public hearing shall be held. Thechairman of the board of commissioners shall give prior notice of such hearingby posting a notice at the courthouse door of the county and also bypublication in a newspaper circulating in the proposed district at least once aweek for four successive weeks, the first publication to be at least 30 daysprior to such hearing. In the event all matters pertaining to the creation ofsuch metropolitan water district cannot be concluded at such hearing, suchhearing may be continued to a time and place within the proposed districtdetermined by the board of commissioners with the concurrence of therepresentative of the Department of Environment and Natural Resources.

If, after such hearing, theCommission for Public Health and the board of commissioners shall deem itadvisable to comply with the request of such resolutions and petitions, anddetermine that the preservation and promotion of the public health and welfarein the area or areas described in such resolutions and petitions require that ametropolitan water district should be created and established, the Commissionfor Public Health shall adopt a resolution to that effect, defining theboundaries of such district and declaring the territory within such boundariesto be a metropolitan water district under the name and style of "____Metropolitan Water District of ____ County"; provided that the Commissionfor Public Health may make minor deviations in the boundaries from thoseprescribed in the resolutions and petitions upon the Commission for PublicHealth determining that such deviations are advisable in the interest of thepublic health, provided no such district shall include any politicalsubdivision which has not petitioned for inclusion as provided for in thisArticle.

The Commission for PublicHealth shall cause copies of the resolution creating the metropolitan waterdistrict to be sent to the board of commissioners and to the governing body ofeach political subdivision included in the district. The board of commissionersshall cause a copy of such resolution of the Commission for Public Health to bepublished in a newspaper circulating within the district once in each of twosuccessive weeks, and a notice substantially in the following form shall bepublished with such resolution:

"The foregoing resolutionwas passed by the Commission for Public Health on the ____ day of ____, ____,and was first published on the ____ day of ____, ____.

Any action or proceedingquestioning the validity of said resolution or the creation of the metropolitanwater district therein described must be commenced within 30 days after thefirst publication of said resolution.

________________________________________

Clerk, Board of Commissioners

for______________________________County."

Any action or proceeding inany court to set aside a resolution creating a metropolitan water district orto obtain any other relief upon the ground that such resolution or anyproceeding or action taken with respect to the creation of such district isinvalid, must be commenced within 30 days after the first publication of theresolution and said notice. After the expiration of such period of limitation,no right of action or defense founded upon the invalidity of the resolution orthe creation of the metropolitan water district therein described shall beasserted, nor shall the validity of the resolution or of the creation of suchmetropolitan water district be open to question in any court upon any groundwhatever, except in an action or proceeding commenced within such period.

Notwithstanding the provisionsof G.S. 160‑2(6), after the creation of a water district pursuant to theprovisions of this Article a municipality or other political subdivision whichowns or operates an existing water system or sewer system may lease, contract,assign or convey such system or systems to the district under and subject tosuch terms and conditions and for such considerations as it may deem advisablefor the general welfare and benefit of its citizens. (1971, c. 815, s. 3; 1973, c.476, s. 128; 1985, c. 462, s. 16; 1989, c. 727, s. 219(40); 1989 (Reg. Sess.,1990), c. 1004, s. 19(b); 1997‑443, s. 11A.123; 1999‑456, s. 59;2007‑182, s. 2.)