North Carolina General Statutes 153A-314. Extension of service districts
(a) Standards. – A board of commissioners may by resolution annex territory to a research and production service district upon finding that:
(1) The conditions, covenants, restrictions, and reservations required by N.C. Gen. Stat. § 153A-312(a)(8) that apply to all real property in the district also apply or will apply to the property to be annexed, provided that the covenants, restrictions, and reservations shall not be effective against the United States as long as it owns or leases property in the district but shall apply to any subsequent owner or lessee of such property.
Terms Used In North Carolina General Statutes 153A-314
- Clerk: means the clerk to the board of commissioners. See North Carolina General Statutes 153A-1
- County: means any one of the counties listed in N. See North Carolina General Statutes 153A-1
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Fraud: Intentional deception resulting in injury to another.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) One hundred percent (100%) of the owners of real property in the area to be annexed have petitioned for annexation.
(3) The district, following the annexation, will continue to meet the standards set out in N.C. Gen. Stat. § 153A-312(a).
(4) The area to be annexed requires the services, facilities, or functions financed, provided, or maintained for the district.
(5) The area to be annexed is contiguous to the district.
(b) Report. – Before the public hearing required by subsection (c), the board shall cause to be prepared a report containing:
(1) A map of the district and the adjacent territory proposed to be annexed, showing the present and proposed boundaries of the district; and
(2) A statement showing that the area to be annexed meets the standards and requirements of subsection (a) of this section.
The report shall be available for public inspection in the office of the clerk to the board for at least four weeks before the date of the public hearing.
(c) Hearing and Notice. – The board shall hold a public hearing before adopting any resolution extending the boundaries of a district. Notice of the hearing shall state the date, hour and place of the hearing and its subject, and shall include a statement that the report required by subsection (b) of this section is available for inspection in the office of the clerk to the board. The notice shall be published at least once not less than four weeks before the hearing. In addition, the notice shall be mailed at least four weeks before the date of the hearing by any class of U.S. mail which is fully prepaid to the owners as shown by the county tax records as of the preceding January 1 (and at the address shown thereon) of all property located within the area to be annexed. The person designated by the board to mail the notice shall certify to the board that the mailing has been completed, and the certificate shall be conclusive in the absence of fraud.
(d) Effective Date. – The resolution extending the boundaries of the district shall take effect at the beginning of a fiscal year commencing after its passage, as determined by the board. (1985, c. 435, s. 1; 2012-73, s. 1.)