§ 130A-69. Procedure for extension of district.
§130A‑69. Procedure for extension of district.
(a) If after a sanitarydistrict has been created or the provisions of this Part have been madeapplicable to a sanitary district, a petition signed by not less than fifteenpercent (15%) of the resident freeholders within any territory contiguous toand adjoining the sanitary district may be presented to the sanitary districtboard requesting annexation of territory described in the petition. Thesanitary district board shall send a copy of the petition to the board ofcommissioners of the county or counties in which the district is located and tothe Department. The sanitary district board shall request that the Departmenthold a joint public hearing with the sanitary district board on the question ofannexation. The Secretary and the chairperson of the sanitary district boardshall name a time and place for the public hearing. The chairperson of thesanitary district board shall publish a notice of public hearing once in anewspaper or newspapers published or circulating in the sanitary district andthe territory proposed to be annexed. The notice shall be published not lessthan 15 days prior to the hearing. If after the hearing, the Commissionapproves the annexation of the territory described in the petition, theDepartment shall advise the board or boards of commissioners of the approval.The board or boards of commissioners shall order and provide for the holding ofa special election upon the question of annexation within the territoryproposed to be annexed.
(b) If at or prior tothe public hearing, a petition is filed with the sanitary district board signedby not less than fifteen percent (15%) of the freeholders residing in thesanitary district requesting an election be held on the annexation question,the sanitary district board shall send a copy of the petition to the board orboards of commissioners who shall order and provide for the submission of thequestion to the voters within the sanitary district. This election may be heldon the same day as the election in the territory proposed to be annexed, andboth elections and registrations may be held pursuant to a single notice. Amajority of the votes cast is necessary for a territory to be annexed to asanitary district.
(c) The election shallbe held by the county board or boards of elections as soon as possible afterthe board or boards of commissioners orders the election. The cost of theelection shall be paid by the sanitary district. Registration in the areaproposed for annexation shall be under the same procedure as G.S. 163‑288.2.
(d) Notice of theelection shall be given as required by G.S. 163‑33(8) and shall include astatement that the boundary lines of the territory to be annexed and theboundary lines of the sanitary district have been prepared by the districtboard and may be examined. The notice shall also state that if a majority ofthe those voting in the election favor annexation, then the territory annexedshall be subject to all debts of the sanitary district.
(e) The ballot shall besubstantially as follows:
"[ ] FOR annexation to the______ Sanitary District
[ ] AGAINST annexation to the______ Sanitary District."
The board or boards of electionsshall certify the results of the election to the sanitary district board andthe board or boards of commissioners of the county or counties in which thedistrict is located.
(f) Notwithstandingany other provisions of this section, if a petition for extension of theboundaries of a sanitary district is signed by not less than fifty‑one percent(51%) of the resident freeholders within the territory proposed to be annexed,it shall not be necessary to hold an election provided for by this section onthe question of the extension of the boundaries of the sanitary district.
(g) Notwithstanding anyother provisions of this section, if a petition for extension of the boundariesof a sanitary district is signed by the owners of all the real property withinthe territory proposed to be annexed, it shall not be necessary to hold anyelection or any hearings provided for by this section on the question of theextension of the boundaries of the sanitary district.
(h) No right of actionor defense founded upon the invalidity of the election shall be asserted, norshall the validity of the election be open to question in any court on anyground unless the action or proceeding is commenced within 30 days after thecertification of the results by the board or boards of elections.
(i) When additionalterritory has been annexed to a sanitary district and the proposition ofissuing bonds of the sanitary district after the annexation has been approvedby the voters at an election held within one year subsequent to annexation,fifty‑one percent (51%) or more of the resident freeholders within theannexed territory may petition the sanitary district board for the removal andexclusion of the territory from the sanitary district. No petition may be filedafter bonds of the sanitary district have been approved in an election held atany time after annexation. If the sanitary district board approves thepetition, it shall send a copy to the Department requesting that the petitionbe granted and shall send additional copies to the county board or boards ofcommissioners. A public hearing shall be conducted under the same procedureprovided for the annexation of additional territory. If the Commission deems itadvisable to comply with the request of the petition, the Commission shalladopt a resolution to that effect and shall redefine the boundaries of thesanitary district. (1927, c. 100, s. 24; 1943, c. 543; 1947, c. 463, s.1; 1951, c. 897, s. 1; 1957, c. 1357, s. 1; 1959, c. 1189, s. 2; 1961, c. 732;1973, c. 476, s. 128; 1981, c. 186, s. 5; 1983, c. 891, s. 2.)