MUNICIPAL SERVICES (NEW).

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.

Status: Ch. SL 2013-386 (Senate Action) (Aug 23 2013)

SOG comments (1):

Short and long title change.

House committee substitute changes the short and long title.  The previous titles were as follows:

Durham Voluntary Annexations

A BILL TO BE ENTITLED AN ACT AMENDING THE CHARTER OF THE CITY OF DURHAM TO ALLOW THE CITY TO DELAY THE EFFECTIVE DATE OF VOLUNTARY ANNEXATIONS

Bill History:

S 315/S.L. 2013-386

Bill Summaries:

  • Summary date: Sep 3 2013 - More information

     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. Enacted August 23, 2013. Effective August 23, 2013.


  • Summary date: Jun 27 2013 - More information

    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.


  • Summary date: Jun 11 2013 - More information

    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.

     

     


  • Summary date: May 22 2013 - More information

    House committee substitute deletes all the provisions of the 2nd edition and insteaddoes the following.

    Amends the City of Durham's Charter to allow the city council to make annexation ordinances adopted under Parts 1 or 4 of Article 4A of GS Chapter 160A effective on any specified date within 10 years (was, three years) from the date when the annexation ordinance is passed.

    Rewrites the bill title.


  • Summary date: May 7 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Makes a technical change, correcting a grammatical error.


  • Summary date: Mar 13 2013 - More information

    Amends SL 1975-671, to allow the City of Durham (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 of GS 143 and Article 8 of GS 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.

    Includes a severability clause.


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