§ 162A‑68. Procedure for inclusion of additional political subdivision or unincorporatedarea; notice and hearing; elections; actions to set aside proceedings.
(a) If, at any time subsequent to the creation of a district, there shall be filedwith the district board a resolution of the governing body of a politicalsubdivision, or a petition, signed by not less than fifty‑one per centum(51%) of the qualified voters resident within an unincorporated area,requesting inclusion in the district of such political subdivision orunincorporated area, and if the district board shall favor the inclusion in thedistrict of such political subdivision or unincorporated area, the districtboard shall notify the board or boards of commissioners of the county or countieswithin which the district lies and shall file with the board or boards ofcommissioners and with the Environmental Management Commission a report settingforth the plans of the district for extending sewerage service to the politicalsubdivision or unincorporated area. The report shall include:
(1) A map or maps of the district and adjacent territory showingthe present and proposed boundaries of the district; the existing major sewerinterceptors and outfalls; and the proposed extension of such interceptors andoutfalls.
(2) A statement setting forth the plans of the district forextending sewerage services to the territory proposed to be included, whichplans shall:
a. Provide for extending sewerage service to the territoryincluded on substantially the same basis and in the same manner as suchservices are provided within the rest of the district prior to inclusion of thenew territory.
b. Set forth a proposed time schedule for extending sewerageservice to the territory proposed to be included.
c. Set forth the estimated cost of extending sewerage serviceto the territory proposed to be included; the method by which the districtproposes to finance the extension; the outstanding existing indebtedness of thedistrict, if any; and the valuation of assessable property within the districtand within the territory proposed to be included.
d. Contain a declaration of intent of the district board toconform with the plans set forth in the report in extending sewerage servicesto the territory proposed to be included; and a certification by the chairmanof the district board to the effect that the matters and things set forth inthe report are true to his knowledge or belief.
(b) The board or boards of commissioners, through the chairmenthereof, shall thereupon request that a representative of the EnvironmentalManagement Commission hold a joint public meeting with the board or boards ofcommissioners concerning the inclusion of a political subdivision or anunincorporated area in the district. The chairman of the EnvironmentalManagement Commission and the chairman or chairmen of the board or boards ofcommissioners shall name a time and place within the district at which thepublic hearing shall be held. The chairman or chairmen of the board or boardsof commissioners shall give prior notice of such hearing by posting a notice atthe courthouse door of the county or counties at least 30 days prior to thehearing and also by publication at least once a week for four successive weeksin a newspaper having general circulation in the district and in any suchpolitical subdivision or unincorporated area, the first publication to be atleast 30 days prior to such hearing. In the event all matters pertaining to theinclusion of such political subdivision or unincorporated area cannot beincluded at such hearing, such hearing may be continued to a time and placewithin the district determined by the board or boards of commissioners with theconcurrence of the representative of the Environmental Management Commission.
(c) If, after such hearing, the Environmental ManagementCommission and the board or boards of commissioners shall determine that theinclusion of the political subdivision or unincorporated area in the districtwill preserve and promote the public health and welfare, the EnvironmentalManagement Commission shall adopt a resolution to that effect, defining theboundaries of the district, including the political subdivision orunincorporated area which has filed a resolution or petition as provided for inthis section, and declaring such political subdivision or unincorporated areato be included in the district.
(d) If, at or prior to such public hearing, there shall be filedwith the district board a petition, signed by not less than ten per centum(10%) of the qualified voters residing in the district, requesting an electionto be held therein on the question of including the political subdivision orunincorporated area, the district board shall certify a copy of such petitionto the board or boards of commissioners, and the board or boards ofcommissioners shall request the county board or boards of elections to submitsuch question to the qualified voters within the district in accordance withthe applicable provisions of Chapter 163 of the General Statutes; provided,that the election shall not be held unless the Environmental ManagementCommission has adopted a resolution approving the inclusion of the politicalsubdivision or unincorporated area in the district.
Notice of such election, which shall contain a statement of theboundaries of the territory proposed to be included in the district and theboundaries of the district after inclusion, shall be given by publication oncea week for three successive weeks in a newspaper or newspapers having generalcirculation within the district, the first publication to be at least 30 daysprior to the election.
(e) Notice of the resolution of the Environmental ManagementCommission, or in the event that an election pursuant to this section is held,notice of the results of the election, approving the inclusion of the politicalsubdivision or unincorporated area within the district shall be published asprovided in G.S. 162A‑66.
(f) Any action or proceeding in any court to set aside aresolution of the Environmental Management Commission or an election approvingthe inclusion of a political subdivision or unincorporated area within adistrict or to obtain any other relief upon the ground that such resolution orelection or any proceeding or action taken with respect to the inclusion of thepolitical subdivision or unincorporated area within the district is invalid,must be commenced within 30 days after the first publication of the notice.After the expiration of such period of limitation, no right of action ordefense founded upon the invalidity of the resolution or the election or theinclusion of the political subdivision or unincorporated area in the districtshall be asserted, nor shall the validity of the resolution or the election orthe inclusion of the political subdivision or unincorporated area be open toquestion in any court upon any ground whatever, except in an action orproceeding commenced within such period.
(g) Any political subdivision or unincorporated area includedwithin an existing district by resolution of the Environmental ManagementCommission or by such resolution and election shall be subject to all debts ofthe district.
(h) The annexation by a city or town within a metropolitansewerage district of an area lying outside such district shall not be construedas the inclusion within the district of an additional political subdivision orunincorporated area within the meaning of the provisions of this section; butany such areas so annexed shall become a part of the district and shall besubject to all debts thereof.
(i) Immediately following the inclusion of any additionalpolitical subdivision within an existing district, members representing suchadditional political subdivision shall be appointed to the district board inthe manner provided in G.S. 162A‑67. Any additional unincorporated areathat is included within an existing district shall be represented by themembers representing the county in which the unincorporated area lies exceptthat:
(1) If inclusion of the additional unincorporated area extendsthe district into more than one county, members representing the unincorporatedarea in the new county shall be appointed in accordance with G.S. 162A‑67(a)(2)immediately following the inclusion of the additional area.
(2) If the inclusion of the additional unincorporated area hasthe effect of changing the county in which the largest portion of the districtlies, new members representing the county comprising the larger portion of thedistrict shall be appointed in accordance with G.S. 162A‑67(a)(2)immediately following the inclusion, and no reappointment shall be made by thecounty in which the lesser portion of the district lies upon expiration of thefirst term of a member representing that county following the inclusion.
Theterms of office of the members first appointed to represent such additionalsubdivision or area may be varied for a period not to exceed six months fromthe terms provided for in G.S. 162A‑67, so that the appointment ofsuccessors to such members may more nearly coincide with the appointment ofsuccessors to members of the existing board; and all successor members shall beappointed for the terms provided for in G.S. 162A‑67. (1961, c. 795, s. 5; 1973, c. 512, s. 3; c. 822, s. 4;c. 1262, s. 23; 1977, c. 764, s. 2; 1991 (Reg. Sess., 1992), c. 954, s. 1.)
§ 162A‑68. Procedure for inclusion of additional political subdivision or unincorporatedarea; notice and hearing; elections; actions to set aside proceedings.
(a) If, at any time subsequent to the creation of a district, there shall be filedwith the district board a resolution of the governing body of a politicalsubdivision, or a petition, signed by not less than fifty‑one per centum(51%) of the qualified voters resident within an unincorporated area,requesting inclusion in the district of such political subdivision orunincorporated area, and if the district board shall favor the inclusion in thedistrict of such political subdivision or unincorporated area, the districtboard shall notify the board or boards of commissioners of the county or countieswithin which the district lies and shall file with the board or boards ofcommissioners and with the Environmental Management Commission a report settingforth the plans of the district for extending sewerage service to the politicalsubdivision or unincorporated area. The report shall include:
(1) A map or maps of the district and adjacent territory showingthe present and proposed boundaries of the district; the existing major sewerinterceptors and outfalls; and the proposed extension of such interceptors andoutfalls.
(2) A statement setting forth the plans of the district forextending sewerage services to the territory proposed to be included, whichplans shall:
a. Provide for extending sewerage service to the territoryincluded on substantially the same basis and in the same manner as suchservices are provided within the rest of the district prior to inclusion of thenew territory.
b. Set forth a proposed time schedule for extending sewerageservice to the territory proposed to be included.
c. Set forth the estimated cost of extending sewerage serviceto the territory proposed to be included; the method by which the districtproposes to finance the extension; the outstanding existing indebtedness of thedistrict, if any; and the valuation of assessable property within the districtand within the territory proposed to be included.
d. Contain a declaration of intent of the district board toconform with the plans set forth in the report in extending sewerage servicesto the territory proposed to be included; and a certification by the chairmanof the district board to the effect that the matters and things set forth inthe report are true to his knowledge or belief.
(b) The board or boards of commissioners, through the chairmenthereof, shall thereupon request that a representative of the EnvironmentalManagement Commission hold a joint public meeting with the board or boards ofcommissioners concerning the inclusion of a political subdivision or anunincorporated area in the district. The chairman of the EnvironmentalManagement Commission and the chairman or chairmen of the board or boards ofcommissioners shall name a time and place within the district at which thepublic hearing shall be held. The chairman or chairmen of the board or boardsof commissioners shall give prior notice of such hearing by posting a notice atthe courthouse door of the county or counties at least 30 days prior to thehearing and also by publication at least once a week for four successive weeksin a newspaper having general circulation in the district and in any suchpolitical subdivision or unincorporated area, the first publication to be atleast 30 days prior to such hearing. In the event all matters pertaining to theinclusion of such political subdivision or unincorporated area cannot beincluded at such hearing, such hearing may be continued to a time and placewithin the district determined by the board or boards of commissioners with theconcurrence of the representative of the Environmental Management Commission.
(c) If, after such hearing, the Environmental ManagementCommission and the board or boards of commissioners shall determine that theinclusion of the political subdivision or unincorporated area in the districtwill preserve and promote the public health and welfare, the EnvironmentalManagement Commission shall adopt a resolution to that effect, defining theboundaries of the district, including the political subdivision orunincorporated area which has filed a resolution or petition as provided for inthis section, and declaring such political subdivision or unincorporated areato be included in the district.
(d) If, at or prior to such public hearing, there shall be filedwith the district board a petition, signed by not less than ten per centum(10%) of the qualified voters residing in the district, requesting an electionto be held therein on the question of including the political subdivision orunincorporated area, the district board shall certify a copy of such petitionto the board or boards of commissioners, and the board or boards ofcommissioners shall request the county board or boards of elections to submitsuch question to the qualified voters within the district in accordance withthe applicable provisions of Chapter 163 of the General Statutes; provided,that the election shall not be held unless the Environmental ManagementCommission has adopted a resolution approving the inclusion of the politicalsubdivision or unincorporated area in the district.
Notice of such election, which shall contain a statement of theboundaries of the territory proposed to be included in the district and theboundaries of the district after inclusion, shall be given by publication oncea week for three successive weeks in a newspaper or newspapers having generalcirculation within the district, the first publication to be at least 30 daysprior to the election.
(e) Notice of the resolution of the Environmental ManagementCommission, or in the event that an election pursuant to this section is held,notice of the results of the election, approving the inclusion of the politicalsubdivision or unincorporated area within the district shall be published asprovided in G.S. 162A‑66.
(f) Any action or proceeding in any court to set aside aresolution of the Environmental Management Commission or an election approvingthe inclusion of a political subdivision or unincorporated area within adistrict or to obtain any other relief upon the ground that such resolution orelection or any proceeding or action taken with respect to the inclusion of thepolitical subdivision or unincorporated area within the district is invalid,must be commenced within 30 days after the first publication of the notice.After the expiration of such period of limitation, no right of action ordefense founded upon the invalidity of the resolution or the election or theinclusion of the political subdivision or unincorporated area in the districtshall be asserted, nor shall the validity of the resolution or the election orthe inclusion of the political subdivision or unincorporated area be open toquestion in any court upon any ground whatever, except in an action orproceeding commenced within such period.
(g) Any political subdivision or unincorporated area includedwithin an existing district by resolution of the Environmental ManagementCommission or by such resolution and election shall be subject to all debts ofthe district.
(h) The annexation by a city or town within a metropolitansewerage district of an area lying outside such district shall not be construedas the inclusion within the district of an additional political subdivision orunincorporated area within the meaning of the provisions of this section; butany such areas so annexed shall become a part of the district and shall besubject to all debts thereof.
(i) Immediately following the inclusion of any additionalpolitical subdivision within an existing district, members representing suchadditional political subdivision shall be appointed to the district board inthe manner provided in G.S. 162A‑67. Any additional unincorporated areathat is included within an existing district shall be represented by themembers representing the county in which the unincorporated area lies exceptthat:
(1) If inclusion of the additional unincorporated area extendsthe district into more than one county, members representing the unincorporatedarea in the new county shall be appointed in accordance with G.S. 162A‑67(a)(2)immediately following the inclusion of the additional area.
(2) If the inclusion of the additional unincorporated area hasthe effect of changing the county in which the largest portion of the districtlies, new members representing the county comprising the larger portion of thedistrict shall be appointed in accordance with G.S. 162A‑67(a)(2)immediately following the inclusion, and no reappointment shall be made by thecounty in which the lesser portion of the district lies upon expiration of thefirst term of a member representing that county following the inclusion.
Theterms of office of the members first appointed to represent such additionalsubdivision or area may be varied for a period not to exceed six months fromthe terms provided for in G.S. 162A‑67, so that the appointment ofsuccessors to such members may more nearly coincide with the appointment ofsuccessors to members of the existing board; and all successor members shall beappointed for the terms provided for in G.S. 162A‑67. (1961, c. 795, s. 5; 1973, c. 512, s. 3; c. 822, s. 4;c. 1262, s. 23; 1977, c. 764, s. 2; 1991 (Reg. Sess., 1992), c. 954, s. 1.)
§ 162A‑68. Procedure for inclusion of additional political subdivision or unincorporatedarea; notice and hearing; elections; actions to set aside proceedings.
(a) If, at any time subsequent to the creation of a district, there shall be filedwith the district board a resolution of the governing body of a politicalsubdivision, or a petition, signed by not less than fifty‑one per centum(51%) of the qualified voters resident within an unincorporated area,requesting inclusion in the district of such political subdivision orunincorporated area, and if the district board shall favor the inclusion in thedistrict of such political subdivision or unincorporated area, the districtboard shall notify the board or boards of commissioners of the county or countieswithin which the district lies and shall file with the board or boards ofcommissioners and with the Environmental Management Commission a report settingforth the plans of the district for extending sewerage service to the politicalsubdivision or unincorporated area. The report shall include:
(1) A map or maps of the district and adjacent territory showingthe present and proposed boundaries of the district; the existing major sewerinterceptors and outfalls; and the proposed extension of such interceptors andoutfalls.
(2) A statement setting forth the plans of the district forextending sewerage services to the territory proposed to be included, whichplans shall:
a. Provide for extending sewerage service to the territoryincluded on substantially the same basis and in the same manner as suchservices are provided within the rest of the district prior to inclusion of thenew territory.
b. Set forth a proposed time schedule for extending sewerageservice to the territory proposed to be included.
c. Set forth the estimated cost of extending sewerage serviceto the territory proposed to be included; the method by which the districtproposes to finance the extension; the outstanding existing indebtedness of thedistrict, if any; and the valuation of assessable property within the districtand within the territory proposed to be included.
d. Contain a declaration of intent of the district board toconform with the plans set forth in the report in extending sewerage servicesto the territory proposed to be included; and a certification by the chairmanof the district board to the effect that the matters and things set forth inthe report are true to his knowledge or belief.
(b) The board or boards of commissioners, through the chairmenthereof, shall thereupon request that a representative of the EnvironmentalManagement Commission hold a joint public meeting with the board or boards ofcommissioners concerning the inclusion of a political subdivision or anunincorporated area in the district. The chairman of the EnvironmentalManagement Commission and the chairman or chairmen of the board or boards ofcommissioners shall name a time and place within the district at which thepublic hearing shall be held. The chairman or chairmen of the board or boardsof commissioners shall give prior notice of such hearing by posting a notice atthe courthouse door of the county or counties at least 30 days prior to thehearing and also by publication at least once a week for four successive weeksin a newspaper having general circulation in the district and in any suchpolitical subdivision or unincorporated area, the first publication to be atleast 30 days prior to such hearing. In the event all matters pertaining to theinclusion of such political subdivision or unincorporated area cannot beincluded at such hearing, such hearing may be continued to a time and placewithin the district determined by the board or boards of commissioners with theconcurrence of the representative of the Environmental Management Commission.
(c) If, after such hearing, the Environmental ManagementCommission and the board or boards of commissioners shall determine that theinclusion of the political subdivision or unincorporated area in the districtwill preserve and promote the public health and welfare, the EnvironmentalManagement Commission shall adopt a resolution to that effect, defining theboundaries of the district, including the political subdivision orunincorporated area which has filed a resolution or petition as provided for inthis section, and declaring such political subdivision or unincorporated areato be included in the district.
(d) If, at or prior to such public hearing, there shall be filedwith the district board a petition, signed by not less than ten per centum(10%) of the qualified voters residing in the district, requesting an electionto be held therein on the question of including the political subdivision orunincorporated area, the district board shall certify a copy of such petitionto the board or boards of commissioners, and the board or boards ofcommissioners shall request the county board or boards of elections to submitsuch question to the qualified voters within the district in accordance withthe applicable provisions of Chapter 163 of the General Statutes; provided,that the election shall not be held unless the Environmental ManagementCommission has adopted a resolution approving the inclusion of the politicalsubdivision or unincorporated area in the district.
Notice of such election, which shall contain a statement of theboundaries of the territory proposed to be included in the district and theboundaries of the district after inclusion, shall be given by publication oncea week for three successive weeks in a newspaper or newspapers having generalcirculation within the district, the first publication to be at least 30 daysprior to the election.
(e) Notice of the resolution of the Environmental ManagementCommission, or in the event that an election pursuant to this section is held,notice of the results of the election, approving the inclusion of the politicalsubdivision or unincorporated area within the district shall be published asprovided in G.S. 162A‑66.
(f) Any action or proceeding in any court to set aside aresolution of the Environmental Management Commission or an election approvingthe inclusion of a political subdivision or unincorporated area within adistrict or to obtain any other relief upon the ground that such resolution orelection or any proceeding or action taken with respect to the inclusion of thepolitical subdivision or unincorporated area within the district is invalid,must be commenced within 30 days after the first publication of the notice.After the expiration of such period of limitation, no right of action ordefense founded upon the invalidity of the resolution or the election or theinclusion of the political subdivision or unincorporated area in the districtshall be asserted, nor shall the validity of the resolution or the election orthe inclusion of the political subdivision or unincorporated area be open toquestion in any court upon any ground whatever, except in an action orproceeding commenced within such period.
(g) Any political subdivision or unincorporated area includedwithin an existing district by resolution of the Environmental ManagementCommission or by such resolution and election shall be subject to all debts ofthe district.
(h) The annexation by a city or town within a metropolitansewerage district of an area lying outside such district shall not be construedas the inclusion within the district of an additional political subdivision orunincorporated area within the meaning of the provisions of this section; butany such areas so annexed shall become a part of the district and shall besubject to all debts thereof.
(i) Immediately following the inclusion of any additionalpolitical subdivision within an existing district, members representing suchadditional political subdivision shall be appointed to the district board inthe manner provided in G.S. 162A‑67. Any additional unincorporated areathat is included within an existing district shall be represented by themembers representing the county in which the unincorporated area lies exceptthat:
(1) If inclusion of the additional unincorporated area extendsthe district into more than one county, members representing the unincorporatedarea in the new county shall be appointed in accordance with G.S. 162A‑67(a)(2)immediately following the inclusion of the additional area.
(2) If the inclusion of the additional unincorporated area hasthe effect of changing the county in which the largest portion of the districtlies, new members representing the county comprising the larger portion of thedistrict shall be appointed in accordance with G.S. 162A‑67(a)(2)immediately following the inclusion, and no reappointment shall be made by thecounty in which the lesser portion of the district lies upon expiration of thefirst term of a member representing that county following the inclusion.
Theterms of office of the members first appointed to represent such additionalsubdivision or area may be varied for a period not to exceed six months fromthe terms provided for in G.S. 162A‑67, so that the appointment ofsuccessors to such members may more nearly coincide with the appointment ofsuccessors to members of the existing board; and all successor members shall beappointed for the terms provided for in G.S. 162A‑67. (1961, c. 795, s. 5; 1973, c. 512, s. 3; c. 822, s. 4;c. 1262, s. 23; 1977, c. 764, s. 2; 1991 (Reg. Sess., 1992), c. 954, s. 1.)
