§ 153A-309.3. Rate limitation in certain districts - Fire protection service districts for industrial property.
§ 153A‑309.3. Ratelimitation in certain districts Fire protection service districts forindustrial property.
(a) Any area in aservice district for fire protection established pursuant to G.S. 153A‑301(a)(2)may be removed from that district by resolution of the county board ofcommissioners and a new service district simultaneously created for the area soremoved if the area is an industrial facility (and appurtenant land andstructures):
(1) Subject to acontract not to annex by a municipality under which the owner of the industrialproperty is obligated to make payments in lieu of taxes equal to or in excessof fifty percent (50%) of the taxes such industry would pay if it were annexedand is current in making such payments.
(2) Actively served byan industrial fire brigade which meets the standards of the National FireProtection Association and the requirements of the North Carolina OccupationalSafety and Health Standards for General Industry (Title 29 Code of FederalRegulations Part 1910 incorporated by reference in 13 NCAC 07F.0101) forindustrial fire brigades.
(b) Prior to removingsuch area from the service district and simultaneously creating a new districtof that same area, the board shall hold a public hearing. Notice of the hearingshall state the date, hour, and place of the hearing and its subject. Thenotice shall be published at least once not less than one week before the dateof the hearing. In addition, the notice shall be mailed at least two weeksbefore the date of the hearing to the owners as shown by the county tax recordsas of the preceding January 1 of all property located within the area to beremoved and a new district created. The notice may be mailed by any class ofU.S. mail which is fully prepaid. The person designated by the board to mailthe notice shall certify to the board that the mailing has been completed, andhis certificate shall be conclusive in the absence of fraud.
(c) In any districtcreated under this section from area removed from an existing district, the countymay not levy or collect property taxes for the purpose of financing fireprotection pursuant to this Article in excess of a rate of three and one‑halfcents (3.5¢) on each one hundred dollars ($100.00) of property valuationsubject to taxation.
(d) If any districtestablished under this section ceases to meet the tests established bysubdivisions (a)(1) and (a)(2) of this section, the board of commissioners mayby resolution abolish that district and annex that territory to the districtfrom which it was removed after a public hearing under the same provisions asset out in subsection (b) of this section.
(e) Any resolutionsadopted under this section become effective the first day of July followingtheir adoption. (2005‑281,s. 1.)