North Carolina § 160A-538 - 1. Reduction of service districts.

§ 160A-538. 1. Reduction of service districts.

Reduction by City Council. - Upon finding that there is no longer a need to include within a particular service district any certain tract or parcel of land, the city council may by ordinance redefine a service district by removing therefrom any tract or parcel of land which it has determined need no longer be included in said district. The city council shall hold a public hearing before adopting an ordinance removing any tract or parcel of land from a district. Notice of the hearing shall state the date, hour and place of the hearing, and its subject, and shall be published at least once not less than one week before the date of the hearing. Request for Reduction by Owner. - A property owner may submit a written request to the city council to remove the owner's tract or parcel of land from a service district. The owner shall specify the tract or parcel, state with particularity the reasons why the tract or parcel is not in need of the services, facilities, or functions of the proposed district to a demonstrably greater extent than the remainder of the city, and provide any other additional information the owner deems relevant. Upon receipt of the request, the city council shall hold a public hearing as required by subsection (a) of this section. If the city council finds that the tract or parcel is not in need of the services, facilities, or functions of the district to a demonstrably greater extent than the remainder of the city, the city council may, by ordinance, redefine the service district by removing therefrom the tract or parcel. Effective Date. - The removal of any tract or parcel of land from any service district shall take effect at the end of a fiscal year following passage of the ordinance, as determined by the city council. Passage of Ordinance. - No ordinance reducing a service district as provided for in this section shall be finally adopted until it has been passed at two meetings of the city council by majority vote of the voting members present, and no service district shall be reduced except by ordinance. Historic District Boundaries Reduction. - A service district which at the time of its creation had the same boundaries as an historic district created under Part 3A of Article 19 of this Chapter may only have its boundaries reduced to exclude territory which has been removed from the historic district. History (1977, c. 775, s. 3; 1987, c. 621, s. 3; 2016-8, s. 4.) Editor's Note. - Session Laws 1977, c. 775, which enacted this section, in s. 5, provided that the act would not apply to any district established prior to January 1, 1975. Session Laws 1987, c. 621, which added subsection (c) of this section, in s. 4 provided: "This act shall apply only to those cities having a population in excess of 150,000 which are located in counties having two or more cities each of which has a population in excess of 60,000. This act shall also apply to those cities where, at the time of creation of the district, the city had a population of not less than 20,000 nor more than 25,000, was not a county seat, and was located in two counties one of which had eight incorporated municipalities. This act shall also apply to those cities where, at the time of creation of the district, the city is located in a county with a population of more than 100,000, which county has an area of less than 250 square miles." Effect of Amendments. - Session Laws 2016-8, s. 4, effective June 1, 2016, in subsection (a), added "reduction by City Council" to the beginning of the subsection; and substituted "ordinance" for "resolution"; in subsection (b), added "Effective Date" to the beginning of the subsection; and substituted "ordinance" for "resolution"; in subsection (c), added "Historic District Boundaries Reduction" to the beginning of the subsection; and added subsections (a1) and (b1).