§ 153A-314.1. Removal of territory from service districts.
§ 153A‑314.1. Removal of territory from servicedistricts.
(a) Standards. A board of commissioners may by resolutionremove territory from a research and production service district upon findingthat:
(1) The owners of the territory to be removed contemplateplacing residential uses on some of the territory to be removed.
(2) One hundred percent (100%) of the owners of real property inthe territory to be removed have petitioned for removal.
(3) The territory to be removed no longer requires the services,facilities, or functions financed, provided, or maintained for the district.
(b) Report. Before the public hearing required by subsection(c) of this section, the board shall cause to be prepared a report containing:
(1) A map of the district highlighting the territory proposed tobe removed, showing the present and proposed boundaries of the district; and
(2) A statement showing that the territory to be removed meetsthe standards and requirements of subsection (a) of this section.
The report shall be available for public inspection inthe office of the clerk to the board for at least 10 days before the date ofthe public hearing.
(c) Hearing and Notice. The board shall hold a public hearingbefore adopting any resolution reducing the boundaries of a service district.Notice of the hearing shall state the date, hour, and place of the hearing andits subject and shall include a statement that the report required bysubsection (b) of this section is available for inspection in the office of theclerk to the board. The notice shall be published at least once not less thanseven days before the hearing. In addition, the notice shall be mailed at leasttwo weeks before the date of the hearing by any class of U.S. mail which isfully prepaid to the owners as shown by the county tax records as of thepreceding January 1 (and at the address shown thereon) of all property locatedwithin the territory to be removed. The person designated by the board to mailthe notice shall certify to the board that the mailing has been completed, andthe certificate shall be conclusive in the absence of fraud.
(d) Municipal Annexation Allowed Under General Law. Thegeneral law concerning annexation, Article 4A of Chapter 160A of the GeneralStatutes, shall apply to any territory removed from the district under thissection, notwithstanding any local act to the contrary.
(e) Effective Date. The resolution reducing the boundaries ofthe district shall take effect at the beginning of a fiscal year commencingafter its passage, as determined by the board. (2003‑187, s. 1.)