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§162A-87 <br /> <br />CH. 162A. WATER AND SEWER SYSTEMS <br /> <br />§162A-87 <br /> <br />may proceed either under subsection (a) of this section or under this subsec- <br />tion. <br /> (c) At the public hearing, the commmsioners shall hear all interested <br />persons and may adjourn the hearing from time to time. (1977, c. 466, s. 1; <br />1979, c. 624, ss. 2, 3; 1993 (Reg. Sess., 1994), c. 696, s. 1; c. 714, s. 1; 1995, c. <br />461, s. 7.) <br /> <br /> CASE NOTES <br /> <br /> Cited ,n Horaebmlders Ass'n v. City o~' Char. <br />lotto, 336 N.C. 37, 449 S.E.2d 45 (1994). <br /> <br /> § 162A-87. Creation of district; standards; limitation of <br /> actions. <br /> (a) Following the public hearing, the board of commissioners may, by <br /> resolution, create a county water and sewer district if the board finds that: <br /> (1) There is a demonstrable need for providing in the district water <br /> services, or sewer services, or both; <br /> (2) The residents of all the territory to be included in the district will <br /> benefit from the district's creation; and <br /> (3) It is economically feasible to provide tike proposed service or services in <br /> the district without unreasonable or burdensome annual tax levies. <br /> Territory lying w~thin the corporate limits'of a city or town may not be <br /> included in the district unless the governing body of the city or town a~ees by <br /> resolution to such inclusion. Otherwise, the board of commissioners may define <br /> as the district all or any portion of the territory described in the notice of the <br /> public hearing. <br /> (b) Upon adoption ora resolution creating a county water and sewer district, <br />the board of commissioners shall cause the resolution to be published once ia <br />each of two successive weeks in the newspaper in which the notices of the <br />hearing were published. In addition, the commissioners shall cause to be <br />published with the resolution a notice i~ substantially the following form: <br />'~he foregoing resolution was adopted by the County <br />Board of Commissioners on and was first <br />published on <br /> Any action or proceeding questioning the valichty of this resolution or the <br />creation of the Water and Sewer District of <br /> County or the inclusion in the district of any of the <br />territory described in the resolution must be commenced within 30 days after <br />the first publication of the resolution. <br /> <br /> Clerk, County Board of <br /> Commissioners" <br /> Any action or proceeding in any court to set aside a resolution creating a <br />county water and sewer district, or questioning the validity of such a <br />resolution, the creation of such a district, or the inclusion in such a district of <br />any of the territory described in the resolution creating the district must be <br />commenced within 30 days after the first publication of the resolution and <br />notice. After the expiration of this period of limitation, no right of action or <br />defense founded upon the invalidity of the resolution, the creation of the <br />district, or the inclusion of any territory in the district may be asserted, nor <br />may the validity of the resolution, the creation of the district, or the inclusion <br />of the ten, tory be open to question in any court upon any ~ound ~vhatever, <br />except in an actmn or proceeding commenced within that period. <br /> <br />750 <br /> <br /> <br />