§ 162A-66. Procedure for creation; resolutions and petitions for creation; notice to and action by the Environmental Management Commission; notice and public hearing; resolutions creating districts; a - North Carolina Statutes

§ 162A‑66. Procedure for creation; resolutions and petitions for creation; notice to andaction by the Environmental Management Commission; notice and public hearing;resolutions creating districts; actions to set aside proceedings.

Any two or more political subdivisions in one or more counties, or anypolitical subdivision or subdivisions and any unincorporated area or areaslocated within one or more counties, which political subdivisions or areas neednot be contiguous, may petition for the creation of a metropolitan seweragedistrict under the provisions of this Article by filing with the board orboards of commissioners of the county or counties within which the proposeddistrict will lie:

(1)        A resolution of the governing body of each such political subdivisionstating the necessity for the creation of a metropolitan sewerage districtunder the provisions of this Article in order to preserve and promote thepublic health and welfare within the area of the proposed district, andrequesting the creation of a metropolitan sewerage district having theboundaries set forth in said resolution, and

(2)        If any unincorporated area is to be included in suchdistrict, a petition, signed by not less than fifty‑one per centum (51%)of the qualified voters resident within such area, defining the boundaries ofsuch area, stating the necessity for the creation of a metropolitan seweragedistrict under the provisions of this Article in order to preserve and promotethe public health and welfare within the proposed district, and requesting thecreation of a metropolitan sewerage district having the boundaries set forth insuch petition for such district.

Upon the receipt of such resolutions and petitions requesting thecreation of a metropolitan sewerage district, the board or boards ofcommissioners, through the chairman thereof, shall notify the North CarolinaEnvironmental Management Commission of the receipt of such resolutions andpetitions, and shall request that a representative of the EnvironmentalManagement Commission hold a joint public hearing with the board or boards ofcommissioners concerning the creation of the proposed metropolitan seweragedistrict. The chairman of the Environmental Management Commission and thechairman or chairmen of the board or boards of commissioners shall name a timeand place within the proposed district at which the public hearing shall beheld; provided, however, that where a proposed district lies within more thanone county, the public hearing shall be held in the county within which thegreater portion of the proposed district lies. The chairman or chairmen of theboard or boards of commissioners shall give prior notice of such hearing byposting a notice at least 30 days prior to the hearing at the courthouse of thecounty or counties within which the district will lie and also by publicationat least once a week for four successive weeks in a newspaper having generalcirculation in the proposed district, the first publication to be at least 30days prior to such hearing. In the event all matters pertaining to the creationof such metropolitan sewerage district cannot be concluded at such hearing,such hearing may be continued to a time and place within the proposed districtdetermined by the board or boards of commissioners with the concurrence of therepresentative of the Environmental Management Commission.

If, after such hearing, the Environmental Management Commission and theboard or boards of commissioners shall deem it advisable to comply with therequest of such resolutions and petitions, and determine that the creation of ametropolitan sewerage district would preserve and promote the public health andwelfare in the area or areas described in such resolutions and petitions, theEnvironmental Management Commission shall adopt a resolution to that effect,defining the boundaries of such district and declaring the territory withinsuch boundaries to be a metropolitan sewerage district under the name and styleof "________ Metropolitan Sewerage District of ______________ [County][Counties]"; provided, that the Environmental Management Commission maymake minor deviations in the boundaries from those prescribed in theresolutions and petitions upon determination by the Environmental ManagementCommission that such deviations are advisable in the interest of the publichealth, and provided no such district shall include any political subdivisionwhich has not petitioned for inclusion as provided in this Article.

The Environmental Management Commission shall cause copies of the resolutioncreating the metropolitan sewerage district to be sent to the board or boardsof commissioners and to the governing body of each political subdivisionincluded in the district. The board or boards of commissioners shall cause acopy of such resolution of the Environmental Management Commission 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 resolution was passed by the North Carolina EnvironmentalManagement Commission on the ________ day of ________, ________, and was firstpublished on the ________ day of ________, ____.

Any action or proceeding questioning the validity of said resolution orthe creation of the metropolitan sewerage district therein described must becommenced within 30 days after the first publication of said resolution.

                                                                                    ____________________________________

Clerk, Board of Commissioners for

_____________________ County.

Any action or proceeding in any court to set aside a resolutioncreating a metropolitan sewerage district, or to obtain any other relief uponthe ground that such resolution or any proceeding or action taken with respectto the creation of such district is invalid, must be commenced within 30 daysafter the first publication of the resolution and said notice. After theexpiration of such period of limitation, no right of action or defense foundedupon the invalidity of the resolution or the creation of the metropolitansewerage district therein described shall be asserted, nor shall the validityof the resolution or of the creation of such metropolitan sewerage district beopen to question in any court upon any ground whatever, except in an action orproceeding commenced within such period. (1961, c. 795, s. 3; 1973, c. 512, s. 1; c. 822, s. 4; c. 1262, s. 23;1977, c. 764, s. 1; 1999‑456, s. 59.)