State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_63 > GS_63-82

§63‑82.  Procedure for inclusion of additional units of local government;notice and hearing; actions to set aside proceedings.

(a)        If, at any timesubsequent to the creation of a special airport district, there shall be filedwith the district board a resolution of the governing body of a unit of localgovernment requesting inclusion in the district of such unit of localgovernment, and if the district board shall favor the inclusion in the districtof such unit of local government, the district board shall notify the governingbody of each of the participating units of local government within which thedistrict lies and shall propose to such governing bodies an appropriateamendment of the concurrent resolutions creating the special airport district.

(b)        The procedures setforth in G.S. 63‑79 regarding the creation of a special airport districtshall apply to the inclusion in such special airport district of additionalunits of local government.

(c)        If all of theparticipating units of local government agree to the amendment of theconcurrent resolutions creating the special airport district to include suchunit of local government in the special airport district, the presiding officerof the governing body of each of such participating units of local government,including the unit proposed to be included, shall cause to be published in themanner provided in G.S. 63‑79, a notice of the inclusion of such unit  oflocal government.

(d)        Any action orproceeding in any court to set aside such amendatory resolutions providing forthe inclusion of a unit of local  government within a special airport districtor to obtain any other relief upon the ground that such amendatory resolutionsor any proceeding or action taken with respect to the inclusion of the unit of localgovernment within the district is invalid, must be commenced  within 30 daysafter publication of the notice. After the expiration of such period oflimitation, no right of action or defense founded upon the invalidity of theamendatory resolutions or the inclusion of  the unit of local government in thedistrict shall be asserted, nor shall the validity of the amendatoryresolutions or the inclusion of the unit of local government in the district beopen to question in any court upon any ground whatever, except in an action orproceeding  commenced within such period. Provided that no such action orproceeding to set aside such amendatory resolutions shall impair or otherwiseaffect the conclusivity of the concurrent resolutions as provided in G.S. 63‑80.

(e)        Immediatelyfollowing the inclusion of any additional unit of local government within anexisting district, members representing such additional unit of localgovernment shall be appointed to the district board in the manner provided inG.S. 63‑81 hereof.

(f)         The annexation bya participating unit of local government of an area lying outside the districtshall not be construed as the inclusion within the district of an additionalunit of local government within the meaning of the provisions of this section;but any such area so annexed shall become a part of the district and shall besubject to all debts and supplemental tax obligations thereof. (1979,c. 689, s. 5.)