§ 160A-539. Consolidation of service districts.

§ 160A‑539. Consolidation of service districts.

(a)        The city council may by resolution consolidate two or moreservice districts upon finding that:

(1)        The districts are contiguous or are in a continuousboundary; and

(2)        The services provided in each of the districts aresubstantially the same; or

(3)        If the services provided are lower for one of thedistricts,  there is a need to increase those services for that district to thelevel of that enjoyed by the other districts.

(b)        Report. – Before the public hearing required by subsection(c), the city council shall cause to be prepared a report containing:

(1)        A map of the districts to be consolidated;

(2)        A statement showing the proposed consolidation meets thestandards of subsection (a); and

(3)        If necessary, a plan for increasing the services for one ormore of the districts so that they are substantially the same throughout theconsolidated district.

The report shall be available in the office of the city clerk for atleast two weeks before the public hearing.

(c)        Hearing and Notice. – The city council shall hold a publichearing before adopting any resolution consolidating service districts. Noticeof the hearing shall state the date, hour, and place of the hearing and itssubject, and shall include a statement that the report required by subsection(b) is available for inspection in the office of the city clerk. The noticeshall be published at least once not less than one week before the date of thehearing. In addition, the notice shall be mailed at least four weeks before thehearing to the owners as shown by the county tax records as of the precedingJanuary 1 of all property located within the consolidated district. The noticemay be mailed by any class of U.S. mail which is fully prepaid. The persondesignated by the council to mail the notice shall certify to the council thatthe mailing has been completed, and his certificate shall be conclusive in theabsence of fraud.

(d)        Effective Date. – The consolidation of service districtsshall take effect at the beginning of a fiscal year commencing after passage ofthe resolution of consolidation, as determined by the council. (1973, c. 655, s. 1; 1981, c. 53, s. 2.)