GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

 

 

SESSION LAW 2005-136

SENATE BILL 396

 

 

AN ACT allowing counties to make changes in service districts created pursuant to article 16 of chapter 153a of the general statutes.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  Article 16 of Chapter 153A of the General Statutes is amended by adding a new section to read:

"§ 153A-304.3. Changes in adjoining service districts.

(a)       Changes. - The board of county commissioners may by resolution relocate the boundary lines between adjoining county service districts if the districts were established for substantially similar purposes. The boundary lines may be changed in accordance with a petition from landowners or may be changed in any manner the board deems appropriate. Upon receipt of a request to change service district boundaries, the board of county commissioners shall set a date and time for a public hearing on the request prior to taking action on the request.

(b)       Report. - Before the public hearing required by subsection (a) of this section, the board of county commissioners shall cause to be prepared a report containing all of the following:

(1)       A map of the service district and the adjacent territory showing the current and proposed boundaries of the district.

(2)       A statement indicating that the proposed boundary relocation meets the requirements of subsection (a) of this section.

(3)       A plan for providing service to the area affected by the relocation of district boundaries.

(4)       The effect that the changes in the amount of taxable property will have on the ability of the district to provide services or to service any debt.

The report shall be available for public inspection in the office of the clerk of the board for at least two weeks before the date of the public hearing.

(c)       Notice and Hearing. - The board shall hold a public hearing before adopting any resolution relocating the boundaries of a service district. Notice 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 (b) of this section is available for inspection in the office of the clerk to the board. The notice shall be published at least once not less than one week before the date of the hearing.

(d)       Effective Date. - The resolution changing the boundaries of the districts shall take effect at the beginning of a fiscal year commencing after its passage, as determined by the board."


SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 22nd day of June, 2005.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 2:41 p.m. this 29th day of June, 2005