§ 130A-353. Nature of district; procedure for forming districts.
§130A‑353. Nature of district; procedure for forming districts.
(a) A mosquito controldistrict shall be a body politic and corporate and a political subdivision ofthe State. A mosquito control district may sue and be sued in its corporatename.
(b) If the proposeddistrict lies wholly within a county, ten percent (10%) or more of the residentfreeholders within the proposed district may petition the board ofcommissioners of the county in which the proposed district lies setting forththe boundaries of the district and a suggested name for the district. For thepurposes of this Part, the term "freeholders" shall mean personsholding a deed to a tract of land within the district or proposed district, andalso shall mean a person who has entered into a contract to purchase a tract ofland within the district or proposed district, is making payments pursuant to acontract, and will receive a deed upon completion of the contractual payments.If the county board of commissioners considers the formation of the district tobe in the interest of the public health, the board shall forward the petitionto the Department. If the Department considers the formation of the district tobe in the interest of the public health, the Department shall notify the countyboard of commissioners. Upon notification, the board shall give notice of apublic hearing on the question of the formation of the district by advertisingthe time, place and purpose of the hearing once a week for four successiveweeks prior to the hearing in a newspaper either published in the county orhaving a general circulation in the county. The public hearing shall bepresided over by the chairman of the county board of commissioners and shall beattended by a representative of the Department. The hearing may be continued asmay be necessary to hear the proponents and opponents of the formation of thedistrict. If after the hearing, the county board of commissioners deem itadvisable that the district be created, the board shall submit the question ofwhether or not the district shall be created to the voters residing within theproposed district at an election called for that purpose. Upon determining thatthe district should be created and established, and prior to the submission ofthe question of the formation of the district to the voters of the proposeddistrict, the county board of commissioners may determine the maximum amount ofspecial tax to be levied for mosquito control purposes should the formation ofthe district be approved by the voters. In no event shall the maximumauthorized levy exceed thirty‑five cents (35¢) upon the one hundreddollar ($100.00) assessed valuation. If the county board of commissionersdetermines that the maximum amount of special tax to be levied for mosquitocontrol purposes is to be less than thirty‑five cents (35¢) on the onehundred dollar ($100.00) valuation, the maximum amount must appear on theballot to be used by the voters on the question of the creation of thedistrict.
(c) Prior to theelection, the county board of commissioners may make minor deviations indefining the boundaries of the proposed district if: (1) the board determinesthat minor deviation from the boundaries described in the petition is in theinterest of public health; and (2) ten percent (10%) of the residentfreeholders within the revised boundaries have signed the petition proposingthe creation of the district or additional resident freeholders within therevised boundaries of the proposed district sign the petition to bring thetotal number of petitioners within the proposed revised boundaries to not lessthan ten percent (10%) of the voters therein.
(d) The county board ofcommissioners shall request the county board of elections to hold the electionand shall pay the expense of the election. The election shall be held inaccordance with the applicable provisions of Chapter 163 of the GeneralStatutes. Notice shall be given as provided in G.S. 163‑33(8).
(e) The form of thequestion to be stated on the ballot shall be in substantially the followingwords:
"[] FOR creation of the(here insert name) Mosquito Control District and the levy of a special tax(here insert the words "not to exceed" and the maximum amount ofspecial tax to be levied for mosquito control purposes if the county board ofcommissioners has determined that the maximum authorized amount is to be lessthan thirty‑five cents (35¢) on the one hundred dollar ($100.00) assessedvaluation) for mosquito control purposes.
[] AGAINST creation of the(here insert name) Mosquito Control District and the levy of a special tax(here insert the words "not to exceed" and the maximum amount ofspecial tax to be levied for mosquito control purposes if the county board ofcommissioners has determined that the maximum authorized amount is to be lessthan thirty‑ five cents (35¢) on the one hundred dollar ($100.00)assessed valuation) for mosquito control purposes."
The affirmative and negativeforms shall be printed on one ballot and the voters shall make a mark of an"X" in one of the squares preceding the form.
(f) If a majority ofthe voters voting at the election vote in favor of creation of the district andthe levy of the special tax, the county board of commissioners shall declarethe district created and shall adopt a resolution to that effect.
(g) In the event theproposed mosquito control district shall embrace lands lying in two or morecounties, the petition signed by the requisite number of resident freeholderswithin the proposed district shall be addressed to the Department. If theDepartment deems the formation of the proposed district to be in the interestof the public health, the Department shall hold public hearings within theproposed district after first giving notice of the time and place of thehearings by publication once a week for four successive weeks in a newspaperpublished or circulated in the proposed district. A public hearing shall beheld in the courthouse of each of the counties in which any part of theproposed district is situated. After the hearing, if the Department deems theformation of the district to be in the interest of the public health, theDepartment shall order an election to be held upon the question of theformation of the district after first advertising the time of the election inthe manner provided in subsection (d). At the request of the Commission, thecounty commissioners of the counties in which the proposed district lies shallrequest the county board of elections to hold an election on the question withsubstantially the same form of ballot set forth in subsection (e). Each countyshall bear the expense of the election held in that county. The board ofelections shall certify the results to the county commissioners and theCommission. If a majority of the votes cast favor creation of the district andthe levy of the special tax, the Commission shall declare the district createdand the county commissioners shall enter the certification upon the minutes ofthe board. Registration shall be in accordance with G.S. 163‑288.2. (1957,c. 1247, s. 2; 1959, c. 622, s. 1; 1973, c. 476, s. 128; 1981, c. 188, ss. 1,2; 1983, c. 891, s. 2.)