State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-70

§130A‑70.  District and municipality extending boundaries and corporatelimits simultaneously.

(a)        When the boundariesof a sanitary district lie entirely within or are coterminous with thecorporate limits of a city or town and the sanitary district provides the onlypublic water supply and sewage disposal system for the city or town, theboundaries of the sanitary district and the corporate limits of the city ortown may be extended simultaneously as provided in this section.

(b)        Twenty‑fivepercent (25%) or more of the resident freeholders within the territory proposedto be annexed to the sanitary district and to the city or town may petition thesanitary district board and the governing board of the city or town settingforth the boundaries of the area proposed to be annexed and the objectsannexation is proposed to accomplish. The petition may also include any areaalready within the corporate limits of the city or town but not already withinthe boundaries of the sanitary district. Upon receipt of the petition, thesanitary district board and the governing board of the city or town shall meetjointly and shall hold a public hearing prior to approval of the petition.Notice of the hearing shall be made by posting a notice at the courthouse doorof the county or counties and by publishing a notice at least once a week forfour consecutive weeks in a newspaper with a circulation in the county orcounties. If at or after the public hearing the sanitary district board and thegoverning board of the city or town, acting jointly, shall each approve thepetition, the petition shall be submitted to the Commission for approval. Ifthe Commission approves the petition, the question shall be submitted to a voteof all voters in the area or areas proposed to be annexed voting as a whole.The election shall be held on a date approved by the sanitary district boardand by the governing board of the city or town.

(c)        The words "ForExtension" and "Against Extension" shall be printed on theballots for the election. A majority of all the votes cast is necessary for adistrict and municipality to extend boundaries and corporate limitssimultaneously.

(d)        After declarationof the extension, the territory and its citizens and property shall be subjectto all debts, ordinances and rules in force in the sanitary district and in thecity or town, and shall be entitled to the same privileges and benefits asother parts of the sanitary district and the city or town. The newly annexedterritory shall be subject to the sanitary district and the city or town taxeslevied for the fiscal year following the date of annexation.

(e)        The costs ofholding and conducting the election for annexation pursuant to this section,shall be shared equally by the sanitary district and by the city or town.

(f)         The sanitarydistrict board and the governing board of the city or town acting jointly, mayorder the board or boards of elections of the county or counties in which thesanitary district and the city or town are located, to call, hold, conduct andcertify the result of the election, according to the provisions of Chapter 163of the General Statutes.

(g)        When the boundariesof a sanitary district and the corporate limits of a city or town are extendedas provided in this section, and the proposition of issuing bonds of thesanitary district as enlarged has not been approved by the voters at anelection held within one year subsequent to the extension, the annexedterritory may be removed and excluded from the sanitary district in the mannerprovided in G.S. 130A‑69. If the petition includes areas within thepresent corporate limits of the city or town but not within the presentboundaries of the sanitary district, these areas shall not be removed orexcluded from the city or town under the provisions of this section.

(h)        The powers grantedby this section shall be supplemental and additional to powers conferred by anyother law and shall not be regarded as in derogation to any powers nowexisting. (1953, c. 977; 1957, c. 1357, s. 1; 1973, c. 476, s.128; 1981, c. 186, s. 6; 1983, c. 891, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-70

§130A‑70.  District and municipality extending boundaries and corporatelimits simultaneously.

(a)        When the boundariesof a sanitary district lie entirely within or are coterminous with thecorporate limits of a city or town and the sanitary district provides the onlypublic water supply and sewage disposal system for the city or town, theboundaries of the sanitary district and the corporate limits of the city ortown may be extended simultaneously as provided in this section.

(b)        Twenty‑fivepercent (25%) or more of the resident freeholders within the territory proposedto be annexed to the sanitary district and to the city or town may petition thesanitary district board and the governing board of the city or town settingforth the boundaries of the area proposed to be annexed and the objectsannexation is proposed to accomplish. The petition may also include any areaalready within the corporate limits of the city or town but not already withinthe boundaries of the sanitary district. Upon receipt of the petition, thesanitary district board and the governing board of the city or town shall meetjointly and shall hold a public hearing prior to approval of the petition.Notice of the hearing shall be made by posting a notice at the courthouse doorof the county or counties and by publishing a notice at least once a week forfour consecutive weeks in a newspaper with a circulation in the county orcounties. If at or after the public hearing the sanitary district board and thegoverning board of the city or town, acting jointly, shall each approve thepetition, the petition shall be submitted to the Commission for approval. Ifthe Commission approves the petition, the question shall be submitted to a voteof all voters in the area or areas proposed to be annexed voting as a whole.The election shall be held on a date approved by the sanitary district boardand by the governing board of the city or town.

(c)        The words "ForExtension" and "Against Extension" shall be printed on theballots for the election. A majority of all the votes cast is necessary for adistrict and municipality to extend boundaries and corporate limitssimultaneously.

(d)        After declarationof the extension, the territory and its citizens and property shall be subjectto all debts, ordinances and rules in force in the sanitary district and in thecity or town, and shall be entitled to the same privileges and benefits asother parts of the sanitary district and the city or town. The newly annexedterritory shall be subject to the sanitary district and the city or town taxeslevied for the fiscal year following the date of annexation.

(e)        The costs ofholding and conducting the election for annexation pursuant to this section,shall be shared equally by the sanitary district and by the city or town.

(f)         The sanitarydistrict board and the governing board of the city or town acting jointly, mayorder the board or boards of elections of the county or counties in which thesanitary district and the city or town are located, to call, hold, conduct andcertify the result of the election, according to the provisions of Chapter 163of the General Statutes.

(g)        When the boundariesof a sanitary district and the corporate limits of a city or town are extendedas provided in this section, and the proposition of issuing bonds of thesanitary district as enlarged has not been approved by the voters at anelection held within one year subsequent to the extension, the annexedterritory may be removed and excluded from the sanitary district in the mannerprovided in G.S. 130A‑69. If the petition includes areas within thepresent corporate limits of the city or town but not within the presentboundaries of the sanitary district, these areas shall not be removed orexcluded from the city or town under the provisions of this section.

(h)        The powers grantedby this section shall be supplemental and additional to powers conferred by anyother law and shall not be regarded as in derogation to any powers nowexisting. (1953, c. 977; 1957, c. 1357, s. 1; 1973, c. 476, s.128; 1981, c. 186, s. 6; 1983, c. 891, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-70

§130A‑70.  District and municipality extending boundaries and corporatelimits simultaneously.

(a)        When the boundariesof a sanitary district lie entirely within or are coterminous with thecorporate limits of a city or town and the sanitary district provides the onlypublic water supply and sewage disposal system for the city or town, theboundaries of the sanitary district and the corporate limits of the city ortown may be extended simultaneously as provided in this section.

(b)        Twenty‑fivepercent (25%) or more of the resident freeholders within the territory proposedto be annexed to the sanitary district and to the city or town may petition thesanitary district board and the governing board of the city or town settingforth the boundaries of the area proposed to be annexed and the objectsannexation is proposed to accomplish. The petition may also include any areaalready within the corporate limits of the city or town but not already withinthe boundaries of the sanitary district. Upon receipt of the petition, thesanitary district board and the governing board of the city or town shall meetjointly and shall hold a public hearing prior to approval of the petition.Notice of the hearing shall be made by posting a notice at the courthouse doorof the county or counties and by publishing a notice at least once a week forfour consecutive weeks in a newspaper with a circulation in the county orcounties. If at or after the public hearing the sanitary district board and thegoverning board of the city or town, acting jointly, shall each approve thepetition, the petition shall be submitted to the Commission for approval. Ifthe Commission approves the petition, the question shall be submitted to a voteof all voters in the area or areas proposed to be annexed voting as a whole.The election shall be held on a date approved by the sanitary district boardand by the governing board of the city or town.

(c)        The words "ForExtension" and "Against Extension" shall be printed on theballots for the election. A majority of all the votes cast is necessary for adistrict and municipality to extend boundaries and corporate limitssimultaneously.

(d)        After declarationof the extension, the territory and its citizens and property shall be subjectto all debts, ordinances and rules in force in the sanitary district and in thecity or town, and shall be entitled to the same privileges and benefits asother parts of the sanitary district and the city or town. The newly annexedterritory shall be subject to the sanitary district and the city or town taxeslevied for the fiscal year following the date of annexation.

(e)        The costs ofholding and conducting the election for annexation pursuant to this section,shall be shared equally by the sanitary district and by the city or town.

(f)         The sanitarydistrict board and the governing board of the city or town acting jointly, mayorder the board or boards of elections of the county or counties in which thesanitary district and the city or town are located, to call, hold, conduct andcertify the result of the election, according to the provisions of Chapter 163of the General Statutes.

(g)        When the boundariesof a sanitary district and the corporate limits of a city or town are extendedas provided in this section, and the proposition of issuing bonds of thesanitary district as enlarged has not been approved by the voters at anelection held within one year subsequent to the extension, the annexedterritory may be removed and excluded from the sanitary district in the mannerprovided in G.S. 130A‑69. If the petition includes areas within thepresent corporate limits of the city or town but not within the presentboundaries of the sanitary district, these areas shall not be removed orexcluded from the city or town under the provisions of this section.

(h)        The powers grantedby this section shall be supplemental and additional to powers conferred by anyother law and shall not be regarded as in derogation to any powers nowexisting. (1953, c. 977; 1957, c. 1357, s. 1; 1973, c. 476, s.128; 1981, c. 186, s. 6; 1983, c. 891, s. 2.)