AG 2003 11 17 - Laserfiche WebLink

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§162A-87.1 ART. 6. COUNTY DISTRICTS §162A-87.1 Notwithstanding any other provision of this section, in the case of any county water and sewer districts created under G.S. 162A-86(bl): (1) A resolution may cover the creation of more than one district; (2) The board of commissioners shall cause the resolution to be published once in the newspaper in which the notice of the hearing was published; and (3) References in th~s subsection to "30 days" are instead "21 days" (1977, c. 466, s. 1; 1979, c. 624, s. 4; 1993 (Reg. Sess., 1994), c. 696, s 2; c. 714, s. 2.) § 162A-87.1. Extension of water and sewer districts. (a) Standards. -- The board of commissioners may, by resolution, annex territory to any water and sewer district upon a finding that: (1) The area to be annexed is contiguous to the district, with at least one e~ghth of the area's aggregate external boundary coincxdent with the ex~sting boundary of the district; (2) The residents of the territory to be annexed will benefit from the annexation; and (3) It is economically feasible to provide the proposed service or services in the annexed district without unreasonable or burdensome annual tax levies. . (b) Annexation by Petition. -- The board'of commissioners may, by resolu- tion, extend by annexation the boundaries of any water or sewer d~strict when one hundred percent (100%) of the real property owners of the area to be annexed have petitioned the board for annexation to the water and sewer district. (c) Annexation of Property within a City or Sanitary District. -- Territory lying within the corporate hmits of a city or sanitary district may not be annexed to a water and sewer' distr~ct unless the governing body of the city or sanitary district agrees, by resolution, to the annexation. (d) Report. -- Before the public hearing reqmred by subsection (e) of this section, the board of commissioners shall have prepared a report containing: (1) A map of the water and sewer district and the adjacent tenatory, showing the present and p,'oposed boundaries of the district; and (2) A statement showing that the area to be annexed meets the standards and requirements established in subsections (a), (b), or (c) of this section. The report shall be available for pubhc inspection in the office of the clerk of the board of commissioners for at least two weeks before the date of the public hearing required by subsection (e) of this section. (e) Hearing and Notice -- The board of commissioners shall hold a public hearing before adopting any resolution extending the boundaries of a water and sewer district. Not~ce of the hearing shall state the date, hour, and place of the hearing and its subject, and shall include a statement that the report required by subsection (d) of this section is available for inspecnon in the office of the clerk of the board of commissioners. The notice shall be published at least once not less than one week before the date of the hearing. In addition, unless the hearing is because of a petition for annexation submitted under subsection (b) of this section, the notice shall be mailed, at least four weeks before the date of the hearing, to the owners, as shown by the county tax records as of the preceding January 1, of all property located within the area to be annexed. The notice may be mailed by any class of U.S. mail which is fully prepaid. The person designated by the board of commissioners to mail the notice shall certify to the board of commissioners that the maihng has been completed, and his certificate shall be conclusive in the absence of fraud. 751