§ 162A‑35. Procedurefor inclusion of additional political subdivision or unincorporated area;notice and hearing; elections; actions questioning validity of elections.
If, at any time subsequent tothe creation of a district, there shall be filed with the district board aresolution of the governing body of a political subdivision, or a petition,signed by not less than fifteen per centum (15%) of the voters resident withinan unincorporated area, requesting inclusion in the district of such politicalsubdivision or unincorporated area, and if the district board shall favor theinclusion in the district of such political subdivision or unincorporated area,the district board shall notify the board of commissioners and the board ofcommissioners, through its chairman, shall thereupon request that arepresentative of the Department of Environment and Natural Resources hold ajoint public hearing with the board of commissioners concerning the inclusionof such political subdivision or unincorporated area in the district. TheSecretary of Environment and Natural Resources and the chairman of the board ofcommissioners shall name a time and place within the district at which thepublic hearing shall be held. The chairman of the board of commissioners shallgive prior notice of such hearing by posting a notice at the courthouse door ofthe county and also by publication in a newspaper circulating in the districtand in any such political subdivision or unincorporated area at least once aweek for four successive weeks, the first publication to be at least 30 daysprior to such hearing. In the event all matters pertaining to the inclusion ofsuch political subdivision or unincorporated area cannot be included at suchhearing, such hearing may be continued to a time and place within the districtdetermined by the board of commissioners with the concurrence of therepresentative of the Department of Environment and Natural Resources.
If, after such hearing, theCommission for Public Health and the board of commissioners shall determinethat the preservation and promotion of the public health and welfare requirethat such political subdivision or unincorporated area be included in thedistrict, the Commission for Public Health shall adopt a resolution to thateffect, defining the boundaries of the district including such politicalsubdivision or unincorporated area which has filed a resolution or petition asprovided for in this section, and declaring such political subdivision orunincorporated area to be included in the district, subject to the approval, asto the inclusion of such political subdivision, of a majority of the qualifiedvoters of such political subdivision, or as to the inclusion of suchunincorporated area, of a majority of the qualified voters of such unincorporatedarea, voting at an election thereon to be called and held in such politicalsubdivision or unincorporated area. When an election is required to be heldwithin both a political subdivision and an unincorporated area, a separateelection shall be called and held for the unincorporated area and a separateelection shall be called and held for the political subdivision. Such separateelections, although independent one from the other, shall be called and heldwithin each political subdivision and within the unincorporated areasimultaneously on the same date.
If, at or prior to such publichearing, there shall be filed with the district board a petition signed by notless than fifteen percent (15%) of the registered voters of the districtrequesting an election to be held on the question of including the politicalsubdivision or unincorporated area in the district, the district board shallcertify the petition and if found adequate, shall request the county board ofelections to hold the election in the district. The election in the districtmay be held at the same time as the election in the political subdivision orunincorporated area seeking to become a part of the district.
The county board of electionsshall give notice of the elections as required in G.S. 163‑33(8) andshall conduct the election in the unincorporated area and within the politicalsubdivision unless there is a municipal board of elections which conducts theelections for the municipality.
The cost of the election inthe district shall be paid by the district board and the cost of the municipalelection by the municipality. The county shall pay the cost of an election inthe unincorporated area. The governing body of the political subdivision shallfile an accurate description of its boundaries, and those persons signing thepetition for an unincorporated area shall file an accurate description of itsboundaries with the board of elections at the time the petition is filed withthe district board.
The elections shall be heldand conducted in accordance with the applicable provisions of Articles 23 and24 of Chapter 163 of the General Statutes.
The ballot shall contain thewords:
"FOR inclusion in the____ Metropolitan Water District of ____ County that area known as ____."
"AGAINST inclusion in the____ Metropolitan Water District of ____ County that area known as ____."
If a majority of the votescast in a political subdivision or unincorporated areas proposed to be includedare in favor of inclusion, and a majority of the votes cast in the districtfavor inclusion, then from and after the date of the certification of theresults such area or areas shall be a part of the district and subject to thedebts of the district.
The results of the electionsshall be certified to the district board.
If no election is required tobe held in the district, then a favorable vote for inclusion in the politicalsubdivision or unincorporated area shall be deemed to include such area orpolitical subdivision as a part of the district and they shall be subject tothe debts of the district.
No right of action or defensefounded upon the invalidity of any such election shall be asserted, or open toquestion in any court upon any grounds unless the action or proceeding iscommenced within 30 days after the results have been certified by the board ofelections. (1971,c. 815, s. 5; 1973, c. 476, s. 128; 1981, c. 185; 1985, c. 462, s. 17; 1989, c.727, s. 219(41); 1997‑443, s. 11A.123; 2007‑182, s. 2.)
§ 162A‑35. Procedurefor inclusion of additional political subdivision or unincorporated area;notice and hearing; elections; actions questioning validity of elections.
If, at any time subsequent tothe creation of a district, there shall be filed with the district board aresolution of the governing body of a political subdivision, or a petition,signed by not less than fifteen per centum (15%) of the voters resident withinan unincorporated area, requesting inclusion in the district of such politicalsubdivision or unincorporated area, and if the district board shall favor theinclusion in the district of such political subdivision or unincorporated area,the district board shall notify the board of commissioners and the board ofcommissioners, through its chairman, shall thereupon request that arepresentative of the Department of Environment and Natural Resources hold ajoint public hearing with the board of commissioners concerning the inclusionof such political subdivision or unincorporated area in the district. TheSecretary of Environment and Natural Resources and the chairman of the board ofcommissioners shall name a time and place within the district at which thepublic hearing shall be held. The chairman of the board of commissioners shallgive prior notice of such hearing by posting a notice at the courthouse door ofthe county and also by publication in a newspaper circulating in the districtand in any such political subdivision or unincorporated area at least once aweek for four successive weeks, the first publication to be at least 30 daysprior to such hearing. In the event all matters pertaining to the inclusion ofsuch political subdivision or unincorporated area cannot be included at suchhearing, such hearing may be continued to a time and place within the districtdetermined by the board of commissioners with the concurrence of therepresentative of the Department of Environment and Natural Resources.
If, after such hearing, theCommission for Public Health and the board of commissioners shall determinethat the preservation and promotion of the public health and welfare requirethat such political subdivision or unincorporated area be included in thedistrict, the Commission for Public Health shall adopt a resolution to thateffect, defining the boundaries of the district including such politicalsubdivision or unincorporated area which has filed a resolution or petition asprovided for in this section, and declaring such political subdivision orunincorporated area to be included in the district, subject to the approval, asto the inclusion of such political subdivision, of a majority of the qualifiedvoters of such political subdivision, or as to the inclusion of suchunincorporated area, of a majority of the qualified voters of such unincorporatedarea, voting at an election thereon to be called and held in such politicalsubdivision or unincorporated area. When an election is required to be heldwithin both a political subdivision and an unincorporated area, a separateelection shall be called and held for the unincorporated area and a separateelection shall be called and held for the political subdivision. Such separateelections, although independent one from the other, shall be called and heldwithin each political subdivision and within the unincorporated areasimultaneously on the same date.
If, at or prior to such publichearing, there shall be filed with the district board a petition signed by notless than fifteen percent (15%) of the registered voters of the districtrequesting an election to be held on the question of including the politicalsubdivision or unincorporated area in the district, the district board shallcertify the petition and if found adequate, shall request the county board ofelections to hold the election in the district. The election in the districtmay be held at the same time as the election in the political subdivision orunincorporated area seeking to become a part of the district.
The county board of electionsshall give notice of the elections as required in G.S. 163‑33(8) andshall conduct the election in the unincorporated area and within the politicalsubdivision unless there is a municipal board of elections which conducts theelections for the municipality.
The cost of the election inthe district shall be paid by the district board and the cost of the municipalelection by the municipality. The county shall pay the cost of an election inthe unincorporated area. The governing body of the political subdivision shallfile an accurate description of its boundaries, and those persons signing thepetition for an unincorporated area shall file an accurate description of itsboundaries with the board of elections at the time the petition is filed withthe district board.
The elections shall be heldand conducted in accordance with the applicable provisions of Articles 23 and24 of Chapter 163 of the General Statutes.
The ballot shall contain thewords:
"FOR inclusion in the____ Metropolitan Water District of ____ County that area known as ____."
"AGAINST inclusion in the____ Metropolitan Water District of ____ County that area known as ____."
If a majority of the votescast in a political subdivision or unincorporated areas proposed to be includedare in favor of inclusion, and a majority of the votes cast in the districtfavor inclusion, then from and after the date of the certification of theresults such area or areas shall be a part of the district and subject to thedebts of the district.
The results of the electionsshall be certified to the district board.
If no election is required tobe held in the district, then a favorable vote for inclusion in the politicalsubdivision or unincorporated area shall be deemed to include such area orpolitical subdivision as a part of the district and they shall be subject tothe debts of the district.
No right of action or defensefounded upon the invalidity of any such election shall be asserted, or open toquestion in any court upon any grounds unless the action or proceeding iscommenced within 30 days after the results have been certified by the board ofelections. (1971,c. 815, s. 5; 1973, c. 476, s. 128; 1981, c. 185; 1985, c. 462, s. 17; 1989, c.727, s. 219(41); 1997‑443, s. 11A.123; 2007‑182, s. 2.)
§ 162A‑35. Procedurefor inclusion of additional political subdivision or unincorporated area;notice and hearing; elections; actions questioning validity of elections.
If, at any time subsequent tothe creation of a district, there shall be filed with the district board aresolution of the governing body of a political subdivision, or a petition,signed by not less than fifteen per centum (15%) of the voters resident withinan unincorporated area, requesting inclusion in the district of such politicalsubdivision or unincorporated area, and if the district board shall favor theinclusion in the district of such political subdivision or unincorporated area,the district board shall notify the board of commissioners and the board ofcommissioners, through its chairman, shall thereupon request that arepresentative of the Department of Environment and Natural Resources hold ajoint public hearing with the board of commissioners concerning the inclusionof such political subdivision or unincorporated area in the district. TheSecretary of Environment and Natural Resources and the chairman of the board ofcommissioners shall name a time and place within the district at which thepublic hearing shall be held. The chairman of the board of commissioners shallgive prior notice of such hearing by posting a notice at the courthouse door ofthe county and also by publication in a newspaper circulating in the districtand in any such political subdivision or unincorporated area at least once aweek for four successive weeks, the first publication to be at least 30 daysprior to such hearing. In the event all matters pertaining to the inclusion ofsuch political subdivision or unincorporated area cannot be included at suchhearing, such hearing may be continued to a time and place within the districtdetermined by the board of commissioners with the concurrence of therepresentative of the Department of Environment and Natural Resources.
If, after such hearing, theCommission for Public Health and the board of commissioners shall determinethat the preservation and promotion of the public health and welfare requirethat such political subdivision or unincorporated area be included in thedistrict, the Commission for Public Health shall adopt a resolution to thateffect, defining the boundaries of the district including such politicalsubdivision or unincorporated area which has filed a resolution or petition asprovided for in this section, and declaring such political subdivision orunincorporated area to be included in the district, subject to the approval, asto the inclusion of such political subdivision, of a majority of the qualifiedvoters of such political subdivision, or as to the inclusion of suchunincorporated area, of a majority of the qualified voters of such unincorporatedarea, voting at an election thereon to be called and held in such politicalsubdivision or unincorporated area. When an election is required to be heldwithin both a political subdivision and an unincorporated area, a separateelection shall be called and held for the unincorporated area and a separateelection shall be called and held for the political subdivision. Such separateelections, although independent one from the other, shall be called and heldwithin each political subdivision and within the unincorporated areasimultaneously on the same date.
If, at or prior to such publichearing, there shall be filed with the district board a petition signed by notless than fifteen percent (15%) of the registered voters of the districtrequesting an election to be held on the question of including the politicalsubdivision or unincorporated area in the district, the district board shallcertify the petition and if found adequate, shall request the county board ofelections to hold the election in the district. The election in the districtmay be held at the same time as the election in the political subdivision orunincorporated area seeking to become a part of the district.
The county board of electionsshall give notice of the elections as required in G.S. 163‑33(8) andshall conduct the election in the unincorporated area and within the politicalsubdivision unless there is a municipal board of elections which conducts theelections for the municipality.
The cost of the election inthe district shall be paid by the district board and the cost of the municipalelection by the municipality. The county shall pay the cost of an election inthe unincorporated area. The governing body of the political subdivision shallfile an accurate description of its boundaries, and those persons signing thepetition for an unincorporated area shall file an accurate description of itsboundaries with the board of elections at the time the petition is filed withthe district board.
The elections shall be heldand conducted in accordance with the applicable provisions of Articles 23 and24 of Chapter 163 of the General Statutes.
The ballot shall contain thewords:
"FOR inclusion in the____ Metropolitan Water District of ____ County that area known as ____."
"AGAINST inclusion in the____ Metropolitan Water District of ____ County that area known as ____."
If a majority of the votescast in a political subdivision or unincorporated areas proposed to be includedare in favor of inclusion, and a majority of the votes cast in the districtfavor inclusion, then from and after the date of the certification of theresults such area or areas shall be a part of the district and subject to thedebts of the district.
The results of the electionsshall be certified to the district board.
If no election is required tobe held in the district, then a favorable vote for inclusion in the politicalsubdivision or unincorporated area shall be deemed to include such area orpolitical subdivision as a part of the district and they shall be subject tothe debts of the district.
No right of action or defensefounded upon the invalidity of any such election shall be asserted, or open toquestion in any court upon any grounds unless the action or proceeding iscommenced within 30 days after the results have been certified by the board ofelections. (1971,c. 815, s. 5; 1973, c. 476, s. 128; 1981, c. 185; 1985, c. 462, s. 17; 1989, c.727, s. 219(41); 1997‑443, s. 11A.123; 2007‑182, s. 2.)
