House committee substitute makes the following changes to 2nd edition.
Deletes all provisions in the previous edition and replaces them with AN ACT TO AMEND THE STANDARDS REQUIRED FOR INCORPORATION OF A MUNICIPALITY AND TO REQUIRE APPROVAL OF THE MUNICIPAL GOVERNING BOARD PRIOR TO CERTAIN EXTENSIONS OF WATER OR SEWER SERVICE BY OTHER GOVERNMENT ENTITIES.
Amends GS 120-163 to increase from 25 to 50 the number of registered voters from the area proposed to be incorporated required in the petition requesting incorporation and submitted to the Municipal Incorporations Subcommittee. Requires the petition to state that the proposed city will have a budget ordinance with an ad valorem tax levy of at least 20¢ (was, at least 5¢) on the $100 valuation on all property within the city’s corporate limits. Also requires the petition to state that the city will offer all of the following services by a specified date: (1) police protection; (2) fire protection; (3) wastewater treatment, collection, or disposal; and (4) water distribution (previously required city to offer four services out of a list, which included street maintenance, street construction or right of way acquisition, street lighting, and zoning), and include any other services the city proposes to offer.
Amends GS 120-167 to set out a schedule of population requirements that the proposed city must meet, related to the distance from cities of various other sizes, before the Commission makes a positive recommendation (currently, the proposed city must have a permanent population of at least 100).
Makes a conforming change to GS 120-172 to require the Commission to recommend that any incorporation passed by the General Assembly be submitted to a referendum (was, allows recommendation, unless the petition is signed by 50% of the registered voters).
Enacts new GS 160A-329 to require cities to first approve by resolution the establishment or extension of water or sewer services, according to a specified schedule.