State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-93

§ 162A‑93.  Certain cityactions prohibited.

(a)        No city mayduplicate water or sewer services provided by a district under this Article byinstalling parallel lines and requiring owners of improved property interritory annexed by the city to connect, except with consent of the districtgoverning body.

(b)        The provisions ofsubsection (a) shall not apply if the city council adopts an annexationordinance including an area served by a district and finds, after a publichearing, that adequate fire protection cannot be provided in the area becauseof the level of available water service. Notice of the public hearing shall beprovided by first class mail to each affected customer and by publication in anewspaper having general circulation in the area, each not less than 10 daysbefore the hearing. The clerk's certification of the mailing shall be deemedconclusive in the absence of fraud. Any resident of the annexed area aggrievedby such a finding of the council may file a petition for review in the superiorcourt in the nature of certiorari, within 30 days after the finding. Thepetition for review in the nature of certiorari shall comply with G.S. 160A‑393.

(c)        Provision of publicwater and sewer services by a district under this Article to an area annexed bya city shall satisfy the city's obligation to provide for water and sewerservices under G.S. 160A‑35 and G.S. 160A‑47. The city maynegotiate for purchase of the lines or systems owned and operated by thedistrict.

(d)        Upon annexation bya city of an area served by a district under this Article, the city may providefor installation of and use fire hydrants on the district water lines, byarrangement with the district and at the city's cost.  (1989, c. 741, s. 1; 2009‑421,s. 4.)

State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-93

§ 162A‑93.  Certain cityactions prohibited.

(a)        No city mayduplicate water or sewer services provided by a district under this Article byinstalling parallel lines and requiring owners of improved property interritory annexed by the city to connect, except with consent of the districtgoverning body.

(b)        The provisions ofsubsection (a) shall not apply if the city council adopts an annexationordinance including an area served by a district and finds, after a publichearing, that adequate fire protection cannot be provided in the area becauseof the level of available water service. Notice of the public hearing shall beprovided by first class mail to each affected customer and by publication in anewspaper having general circulation in the area, each not less than 10 daysbefore the hearing. The clerk's certification of the mailing shall be deemedconclusive in the absence of fraud. Any resident of the annexed area aggrievedby such a finding of the council may file a petition for review in the superiorcourt in the nature of certiorari, within 30 days after the finding. Thepetition for review in the nature of certiorari shall comply with G.S. 160A‑393.

(c)        Provision of publicwater and sewer services by a district under this Article to an area annexed bya city shall satisfy the city's obligation to provide for water and sewerservices under G.S. 160A‑35 and G.S. 160A‑47. The city maynegotiate for purchase of the lines or systems owned and operated by thedistrict.

(d)        Upon annexation bya city of an area served by a district under this Article, the city may providefor installation of and use fire hydrants on the district water lines, byarrangement with the district and at the city's cost.  (1989, c. 741, s. 1; 2009‑421,s. 4.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-93

§ 162A‑93.  Certain cityactions prohibited.

(a)        No city mayduplicate water or sewer services provided by a district under this Article byinstalling parallel lines and requiring owners of improved property interritory annexed by the city to connect, except with consent of the districtgoverning body.

(b)        The provisions ofsubsection (a) shall not apply if the city council adopts an annexationordinance including an area served by a district and finds, after a publichearing, that adequate fire protection cannot be provided in the area becauseof the level of available water service. Notice of the public hearing shall beprovided by first class mail to each affected customer and by publication in anewspaper having general circulation in the area, each not less than 10 daysbefore the hearing. The clerk's certification of the mailing shall be deemedconclusive in the absence of fraud. Any resident of the annexed area aggrievedby such a finding of the council may file a petition for review in the superiorcourt in the nature of certiorari, within 30 days after the finding. Thepetition for review in the nature of certiorari shall comply with G.S. 160A‑393.

(c)        Provision of publicwater and sewer services by a district under this Article to an area annexed bya city shall satisfy the city's obligation to provide for water and sewerservices under G.S. 160A‑35 and G.S. 160A‑47. The city maynegotiate for purchase of the lines or systems owned and operated by thedistrict.

(d)        Upon annexation bya city of an area served by a district under this Article, the city may providefor installation of and use fire hydrants on the district water lines, byarrangement with the district and at the city's cost.  (1989, c. 741, s. 1; 2009‑421,s. 4.)