North Carolina § 153A-304 - 1. Reduction in district after annexation.

§ 153A-304. 1. Reduction in district after annexation.

When the whole or any portion of a county service district organized for fire protection purposes under G.S. 153A-301(2) has been annexed by a municipality furnishing fire protection to its citizens, and the municipality had not agreed to allow territory within it to be within the county service district under G.S. 153A-302(a), then such county service district or the portion thereof so annexed shall immediately thereupon cease to be a county service district or a portion of a county service district; and such district or portion thereof so annexed shall no longer be subject to G.S. 153A-307 authorizing the board of county commissioners to levy and collect a tax in such district for the purpose of furnishing fire protection therein. Nothing in this section prevents the board of county commissioners from levying and collecting taxes for fire protection in the remaining portion of a county service district not annexed by a municipality. When all or part of a county service district is annexed, and the effective date of the annexation is a date other than a date in the month of June, the amount of the county service district tax levied on property in the district for the fiscal year in which municipal taxes are prorated under G.S. 160A-58.10 shall be multiplied by the following fraction: the denominator shall be 12 and the numerator shall be the number of full calendar months remaining in the fiscal year following the day on which the annexation becomes effective. For each owner, the product of the multiplication is the prorated fire protection payment. The finance officer of the city shall obtain from the assessor or tax collector of the county where the annexed territory was located a list of the owners of property on which fire protection district taxes were levied in the territory being annexed, and the city shall, no later than 90 days after the effective date of the annexation, pay the amount of the prorated fire protection district payment to the owners of that property. Such payments shall come from any funds not otherwise restricted by law. Whenever a city is required to make fire protection district tax payments by subsection (c) of this section, and the city has paid or has contracted to pay to a rural fire department funds under G.S. 160A-58.57, the county shall pay to the city from funds of the county service district an amount equal to the amount paid by the city (or to be paid by the city) to a rural fire department under G.S. 160A-58.57 on account of annexation of territory in the county service district for the number of months in that fiscal year used in calculating the numerator under subsection (c) of this section; provided that the required payments by the county to the city shall not exceed the total of fire protection district payments made to taxpayers in the district on account of that annexation. History (1987, c. 711, s. 1; 2008-134, s. 76(b); 2017-102, s. 14.4(b).) Editor's Note. - Session Laws 1987, c. 711, s. 3 made this section effective with respect to annexations effective on or after August 1, 1987. G.S. 160A-37.1, referred to in subsection (d), was repealed by Session Laws 2011-396, s. 1, effective July 1, 2011. Former G.S. 160A-33 through 160A-42 pertained to annexation by cities having a population of less than 5,000 persons. For current provisions, see G.S. 160A-58.50 et seq. References to "G.S. 160A-58.57" were substituted for "G.S. 160A-49.1" in subsection (d) at the direction of the Revisor of Statutes to conform to recodification of that section by Session Laws 2011-396, s. 2. Effect of Amendments. - Session Laws 2008-134, s. 76(b), effective July 28, 2008, substituted "assessor" for "tax supervisor" in the third sentence of subsection (c). Session Laws 2017-102, s. 14.4(b), effective July 12, 2017, deleted "G.S. 160A-37.1 or" preceding "G.S. 160A-58.57" twice in subsection (d).