§ 162A-87. Creation of district; standards; limitation of actions.
§ 162A‑87. Creation of district; standards; limitation of actions.
(a) Following the public hearing, the board of commissionersmay, by resolution, create a county water and sewer district if the board findsthat:
(1) There is a demonstrable need for providing in the districtwater services, or sewer services, or both;
(2) The residents of all the territory to be included in thedistrict will benefit from the district's creation; and
(3) It is economically feasible to provide the proposed serviceor services in the district without unreasonable or burdensome annual taxlevies.
Territory lying within the corporate limits of a city or town may notbe included in the district unless the governing body of the city or townagrees by resolution to such inclusion. Otherwise, the board of commissionersmay define as the district all or any portion of the territory described in thenotice of the public hearing.
(b) Upon adoption of a resolution creating a county water andsewer district, the board of commissioners shall cause the resolution to bepublished once in each of two successive weeks in the newspaper in which thenotices of the hearing were published. In addition, the commissioners shallcause to be published with the resolution a notice in substantially the followingform:
"The foregoing resolution was adopted by the __________ CountyBoard of Commissioners on __________ and was first published on __________.
Any action or proceeding questioning the validity of this resolution orthe creation of the __________ Water and Sewer District of ____________ Countyor the inclusion in the district of any of the territory described in theresolution must be commenced within 30 days after the first publication of theresolution.
__________________________________________
Clerk, __________________County Board of
Commissioners"
Any action or proceeding in any court to set aside a resolutioncreating a county water and sewer district, or questioning the validity of sucha resolution, the creation of such a district, or the inclusion in such adistrict of any of the territory described in the resolution creating thedistrict must be commenced within 30 days after the first publication of theresolution and notice. After the expiration of this period of limitation, noright of action or defense founded upon the invalidity of the resolution, thecreation of the district, or the inclusion of any territory in the district maybe asserted, nor may the validity of the resolution, the creation of thedistrict, or the inclusion of the territory be open to question in any courtupon any ground whatever, except in an action or proceeding commenced withinthat period.
Notwithstanding any other provision of this section, in the case of anycounty water and sewer districts created under G.S. 162A‑86(b1):
(1) A resolution may cover the creation of more than onedistrict;
(2) The board of commissioners shall cause the resolution to bepublished once in the newspaper in which the notice of the hearing waspublished; and
(3) References in this subsection to "30 days" areinstead "21 days". (1977, c. 466, s. 1; 1979, c. 624, s. 4; 1993 (Reg. Sess., 1994), c.696, s. 2; c. 714, s. 2.)