Bill Summary for S 315 (2013-2014)

Summary date: 

Jun 27 2013
S.L. 2013-386

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 315 (Local) Filed Wednesday, March 13, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT WHEN A PROPERLY SUBMITTED VOLUNTARY ANNEXATION PETITION IS DEFEATED BY VOTE OF THE MUNICIPAL GOVERNING BODY THE MUNICIPALITY MUST PROVIDE SOME MUNICIPAL SERVICES UPON PAYMENT OF DEFINED COSTS, TO LEGISLATIVELY ANNEX CERTAIN PROPERTY TO THE CORPORATE LIMITS OF THE CITY OF DURHAM THAT WAS PETITIONED FOR ANNEXATION, AMENDING THE CHARTER OF THE CITY OF DURHAM TO ALLOW THE CITY TO DELAY THE EFFECTIVE DATE OF VOLUNTARY ANNEXATIONS, AND TO AUTHORIZE THE CITY OF DURHAM TO USE DESIGN-BUILD DELIVERY METHODS FOR THE DESIGN AND CONSTRUCTION OF A POLICE HEADQUARTERS AND ANNEX FACILITY, TWO POLICE SERVICE CENTERS, AND A 911 FACILITY, AND AUTHORIZING THE COUNTY OF DURHAM TO CONSTRUCT WATER TREATMENT PLANT AND WASTEWATER TREATMENT PLANT PROJECTS WITHOUT COMPLYING WITH SPECIFIED PROVISIONS OF ARTICLE 8 OF CHAPTER 143 OF THE GENERAL STATUTES, AND CONCERNING NOTES OR DEEDS OF TRUST TO RESERVE WASTEWATER TREATMENT CAPACITY.
Intro. by McKissick, Woodard.

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Bill summary

House committee substitute makes the following changes to the 4th edition.

Makes new GS 160A-328 effective June 1, 2013 (was, when it becomes law). Requires a property owner, whose petition for voluntary annexation failed, to agree to all the requirements contained in any utility extension agreement presented when the annexation ordinance failed in order for the municipality to be required to provide services. Prohibits the municipal governing boardfrom imposing more burdensomerequirements or commitments on the property owner that are inconsistent with the requirements and commitments that are contained in the utility extension agreement (was, provided a list of requirements and commitments considered to be more burdensome).

Clarifies the limitations as to the meaning of the term municipal services prior to the effective date of the annexation of the property. Provides that the provisions contained in the utility extension agreement continue as obligations of the agreement unless the city council relieves the property owner of the requirement or commitment. Provides that the requirements and commitments include, but are not limited to, the committed elements of a development plan in a zoning map case approved by the county where the property is located. Deletes provision prohibiting the municipality or the countyfrom changing the zoning designation of a property receiving municipal services without the consent of the property owner. Makes additional conforming changes.

Deletes provision that provided that if a court finds any portion of this act to be unconstitutional, then specifiedsections of this act arevoid.

Amends the bill title.

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