Bill Summary for S 315 (2013-2014)

Summary date: 

Jun 11 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 3rd edition.

Changes the short and long title.

Enacts new section GS 160A-328, Provision of municipal services to certain properties, providing that a municipality must provide specified municipal services to any property if that property owner submitted a petition for voluntary annexation and the municipal governing board voted on an annexation ordinance for that property but the annexation ordinance failed. Sets out the requirements that the property owner must meet for this section to apply.  Establishes that a municipality providing services to a property as described above cannot impose terms on the property owner that are more burdensome than those set out in this section, including requiring the payment for the cost and expense of certain infrastructure improvements and the charging of twice the rate for water and sewer services. Sets out provisions regarding the maintenance and reimbursement of certain improvements to property.  Provides that if the municipality or the General Assembly annexes any of the property receiving service, then the municipality cannot continue to charge twice the rate for water and sewer services. Establishes that the neither the municipality or the county can change the zoning designation without the consent of the owner and sets out the definition of municipal services.

Establishes, effective June 3, 2023, that the corporate limits of the City of Durham (Durham) are extended by annexing specified property as described in the act.

Amends SL 1975-671, to allow Durham to award contracts for the design and construction of a police headquarters and annex facility, two police service centers, and a 911 facility without being subject to GS 133-1, 133-2, 133-3, or the provisions of Article 3D and Article 8 of GS Chapter 143. Authorization is granted to use design-build, design-build-operate, design-build-operate-maintain, or any combination of the above.

Durham must obtain proposals from at least three design-build teams for the authorized projects above. If three proposals are not received and the project has been publicly advertised for a minimum of 30 days, Durham can proceed with the proposals received. The evaluation of the proposals is not exempt from the requirements of the city's Equal Business Opportunity Program Ordinance.

The city council must award the contract to the best qualified design-build team, taking into consideration several factors that it determines as having a material bearing on the proposal.

Provides that Durham County can award contracts for the design and construction or design, construction, and operation of water treatment and wastewater treatment plant projects without being subject to the requirements of GS 143-128, 143-129, 143-131, 143-132, 143-64.31, and 143-64.32. Authorization is granted to use design-build, design-build-operate, or a request for proposal and negotiation as an alternative design and construction method.

Durham County must obtain proposals from at least three design-build teams for the authorized projects above. If three proposals are not received and the project has been publicly advertised for a minimum of 30 days, Durham County can proceed with the proposals received. The board of commissioners will award the contract based on specified criteria.

Establishes that no note or deed of trust granted to a county for the purpose of securing or reserving wastewater treatment capacity is valid or enforceable if that capacity is not utilized by the maker or grantor.

Provides that if a final order by a court of competent jurisdiction finds that any portion of this act is unconstitutional, then Sections 1, 2, and 6 of the act are void.

 

 

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