§ 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, withat least one eighth of the area's aggregate external boundary coincident withthe existing boundary of the district;
(2) The residents of the territory to be annexed will benefitfrom the annexation; and
(3) It is economically feasible to provide the proposed serviceor services in the annexed district without unreasonable or burdensome annualtax levies.
(b) Annexation by Petition. The board of commissioners may, byresolution, extend by annexation the boundaries of any water or sewer districtwhen one hundred percent (100%) of the real property owners of the area to beannexed have petitioned the board for annexation to the water and sewerdistrict.
(c) Annexation of Property within a City or Sanitary District. Territory lying within the corporate limits of a city or sanitary district maynot be annexed to a water and sewer district unless the governing body of thecity or sanitary district agrees, by resolution, to the annexation.
(d) Report. Before the public hearing required by subsection(e) of this section, the board of commissioners shall have prepared a reportcontaining:
(1) A map of the water and sewer district and the adjacentterritory, showing the present and proposed boundaries of the district; and
(2) A statement showing that the area to be annexed meets thestandards and requirements established in subsections (a), (b), or (c) of thissection.
Thereport shall be available for public inspection in the office of the clerk ofthe board of commissioners for at least two weeks before the date of the publichearing required by subsection (e) of this section.
(e) Hearing and Notice. The board of commissioners shall holda public hearing before adopting any resolution extending the boundaries of awater and sewer district. Notice of the hearing shall state the date, hour, andplace of the hearing and its subject, and shall include a statement that thereport required by subsection (d) of this section is available for inspectionin the office of the clerk of the board of commissioners. The notice shall bepublished 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 annexationsubmitted under subsection (b) of this section, the notice shall be mailed, atleast four weeks before the date of the hearing, to the owners, as shown by thecounty tax records as of the preceding January 1, of all property locatedwithin 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 ofcommissioners to mail the notice shall certify to the board of commissionersthat the mailing has been completed, and his certificate shall be conclusive inthe absence of fraud.
(f) Effective Date. The resolution extending the boundariesof the district shall take effect at the beginning of a fiscal year commencingafter its passage, as determined by the board of commissioners. (1985, c. 627, s. 1; 1989, c. 543.)
§ 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, withat least one eighth of the area's aggregate external boundary coincident withthe existing boundary of the district;
(2) The residents of the territory to be annexed will benefitfrom the annexation; and
(3) It is economically feasible to provide the proposed serviceor services in the annexed district without unreasonable or burdensome annualtax levies.
(b) Annexation by Petition. The board of commissioners may, byresolution, extend by annexation the boundaries of any water or sewer districtwhen one hundred percent (100%) of the real property owners of the area to beannexed have petitioned the board for annexation to the water and sewerdistrict.
(c) Annexation of Property within a City or Sanitary District. Territory lying within the corporate limits of a city or sanitary district maynot be annexed to a water and sewer district unless the governing body of thecity or sanitary district agrees, by resolution, to the annexation.
(d) Report. Before the public hearing required by subsection(e) of this section, the board of commissioners shall have prepared a reportcontaining:
(1) A map of the water and sewer district and the adjacentterritory, showing the present and proposed boundaries of the district; and
(2) A statement showing that the area to be annexed meets thestandards and requirements established in subsections (a), (b), or (c) of thissection.
Thereport shall be available for public inspection in the office of the clerk ofthe board of commissioners for at least two weeks before the date of the publichearing required by subsection (e) of this section.
(e) Hearing and Notice. The board of commissioners shall holda public hearing before adopting any resolution extending the boundaries of awater and sewer district. Notice of the hearing shall state the date, hour, andplace of the hearing and its subject, and shall include a statement that thereport required by subsection (d) of this section is available for inspectionin the office of the clerk of the board of commissioners. The notice shall bepublished 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 annexationsubmitted under subsection (b) of this section, the notice shall be mailed, atleast four weeks before the date of the hearing, to the owners, as shown by thecounty tax records as of the preceding January 1, of all property locatedwithin 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 ofcommissioners to mail the notice shall certify to the board of commissionersthat the mailing has been completed, and his certificate shall be conclusive inthe absence of fraud.
(f) Effective Date. The resolution extending the boundariesof the district shall take effect at the beginning of a fiscal year commencingafter its passage, as determined by the board of commissioners. (1985, c. 627, s. 1; 1989, c. 543.)
§ 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, withat least one eighth of the area's aggregate external boundary coincident withthe existing boundary of the district;
(2) The residents of the territory to be annexed will benefitfrom the annexation; and
(3) It is economically feasible to provide the proposed serviceor services in the annexed district without unreasonable or burdensome annualtax levies.
(b) Annexation by Petition. The board of commissioners may, byresolution, extend by annexation the boundaries of any water or sewer districtwhen one hundred percent (100%) of the real property owners of the area to beannexed have petitioned the board for annexation to the water and sewerdistrict.
(c) Annexation of Property within a City or Sanitary District. Territory lying within the corporate limits of a city or sanitary district maynot be annexed to a water and sewer district unless the governing body of thecity or sanitary district agrees, by resolution, to the annexation.
(d) Report. Before the public hearing required by subsection(e) of this section, the board of commissioners shall have prepared a reportcontaining:
(1) A map of the water and sewer district and the adjacentterritory, showing the present and proposed boundaries of the district; and
(2) A statement showing that the area to be annexed meets thestandards and requirements established in subsections (a), (b), or (c) of thissection.
Thereport shall be available for public inspection in the office of the clerk ofthe board of commissioners for at least two weeks before the date of the publichearing required by subsection (e) of this section.
(e) Hearing and Notice. The board of commissioners shall holda public hearing before adopting any resolution extending the boundaries of awater and sewer district. Notice of the hearing shall state the date, hour, andplace of the hearing and its subject, and shall include a statement that thereport required by subsection (d) of this section is available for inspectionin the office of the clerk of the board of commissioners. The notice shall bepublished 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 annexationsubmitted under subsection (b) of this section, the notice shall be mailed, atleast four weeks before the date of the hearing, to the owners, as shown by thecounty tax records as of the preceding January 1, of all property locatedwithin 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 ofcommissioners to mail the notice shall certify to the board of commissionersthat the mailing has been completed, and his certificate shall be conclusive inthe absence of fraud.
(f) Effective Date. The resolution extending the boundariesof the district shall take effect at the beginning of a fiscal year commencingafter its passage, as determined by the board of commissioners. (1985, c. 627, s. 1; 1989, c. 543.)
