Bill Summary for H 845 (2011-2012)

Summary date: 

Jun 15 2011
S.L. 2011-396

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 845 (Public) Filed Wednesday, April 6, 2011
TO REFORM THE INVOLUNTARY ANNEXATION LAWS OF NORTH CAROLINA.
Intro. by LaRoque, Dollar.

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Bill summary

Senate committee substitute, reported in on 6/14/11, makes the following changes to 3rd edition. Changes made by the Senate committee substitute include the following changes with respect to annexations initiated by municipalities: (1) clarifies that the extension of water and sewer services to each annexed parcel is required if the owner provides an installation easement; (2) amends proposed GS 160A-58.55(b) to provide that if a proposed annexation extends into a county other than a county where the majority of the area of the existing municipality is located, a copy of the resolution of consideration must be mailed by first-class mail within 30 days after the adoption of the resolution of consideration to the clerk of the board of county commissioners of that county; (3) amends proposed GS 160A-58.55(f) to provide that the explanation of the provision of services made at the public informational meeting by the city must mention the opportunity the owner of annexed property has for the installation of a residential connection; (4) amends GS 160A-58.55(h) to provide that an adopted annexation ordinance, along with a list of property owners to which a hearing notice was mailed also be delivered within five business days to the board of elections of the county in which a majority of the municipality lies; (5) amends GS 160A-58.55(i) (petition to deny annexation ordinance) to provide that the board of elections rather than the tax assessor is to prepare petitions for property owners to sign opposing the annexation, to mail a petition to the address of record within five business days of receipt of the list of owners, and to carry out other duties previously assigned to the tax assessor; (6) deletes proposed GS 160A-58.55(k) and (l), which would have postponed the effective date of annexation with respect to certain agrarian lands that qualify for present-use-value assessment for property tax purposes and other certain lands; (7) amends GS 160A-58.56(a) (concerning provision of water and sewer service to annexed areas) to provide that a municipality has no financial responsibility for extending lines if (a) service within the city is provided in part by a nonprofit (b) the annexing city does not provide the service inside its limits (c) the area to be annexed is already served by a public system or (d) the city by contract with the public system has no responsibility for providing such service; (8) adds new GS 160A-58.56(e1) to provide that the initial installation of water or sewer connection lines must be completed without charge to the property owner, but title to and responsibility for lines is vested in the owner; and (9) adds new GS 160A-58.56(e2) to allow a city to petition the Local Government Commission for a reasonable time extension if the city is unable to provide service as required because of permitting delays that are caused through no fault of the city.

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