§160B-6. Definition of urban service districts where no municipality existed

(a)        Standards. - The governing board, by resolution, may define an urban service district upon finding that a proposed district:

(1)        Has a resident population of at least 1,000;

(2)        Has a resident population density of at least one person per  acre;

(3)        Has an assessed valuation of at least two and one-half million dollars ($2,500,000);

(4)        Requires one or more of the services, facilities and functions that are provided or maintained only or to a greater extent for an urban service district; and

(5)        Does not include any territory within an active incorporated  municipality.

(b)        Report. - Prior to the public hearing required by subsection (c), the consolidated city-county shall prepare a report containing:

(1)        A map of the proposed district, showing its proposed boundaries;

(2)        A statement showing that the proposed district meets the standards of subsection (a); and

(3)        A plan for providing urban services, facilities and functions for the district.

The report shall be available in the office of the clerk of the consolidated city-county for at least two weeks prior to the date of the public hearing.

(c)        Hearing and Notice. - The governing board shall hold a public  hearing prior to adoption of any resolution defining a new urban service district. Notice of the hearing shall state the date, hour and place of the hearing and its subject, and shall include a statement that the report required by subsection (b) is available for inspection in the office of the clerk of the consolidated city-county. The notice shall be published in a newspaper of general circulation in the county at least once and not less than one week prior to the date of the hearing. In addition it shall be mailed at least four weeks prior to the date of the hearing to the owners as shown by the tax records of the consolidated city-county of all property located within the proposed district. The person designated by the governing board to mail the notice shall certify to the governing board that the mailing has been completed and his certificate shall be conclusive in the absence of fraud. The hearing may be held within the proposed district.

(d)       Effective Date. - The resolution defining an urban service district shall take effect at the beginning of a fiscal year commencing after its passage, as determined by the governing board.

(1973, c. 537, s. 1.)