Bill Summary for H 909 (2023-2024)

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Summary date: 

Jun 19 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 909 (Local) Filed Wednesday, April 24, 2024
AN ACT TO DEANNEX CERTAIN DESCRIBED TERRITORIES; TO ANNEX CERTAIN DESCRIBED TERRITORIES; AND TO MAKE OTHER CHANGES TO VARIOUS LOCAL LAWS.
Intro. by Paré.

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Bill summary

Senate committee substitute to the 2nd edition makes the following changes.

Section 1

Amends the description of the tracts of land removed from the limits of the Town of Fuquay-Varina.

Adds the following new content.

Section 3

Amends Section 5.14 of SL 1985-861 to require the Board of Alcoholic Beverage Control of the City of Concord to distribute the net profits remaining after the payment of all costs and operating expenses as follows: the first 5% (was, 15%) for law enforcement, and now requires retaining working capital before distributing the remaining 25% to Cabarrus County and 75% to Concord.

Section 4

Effective June 30, 2024, adds to the corporate limits of the City of High Point the property "Samet Drive," recorded in the Guilford County Register of Deeds office, Plat Book 34, Page 37. As of January 1, 2024, the property is subject to municipal taxes for taxable years beginning on or after July 1, 2024.

Section 5

Adds a new section pertaining to the conveyance of real property with restrictions to Article IX of the Charter of the City of High Point, SL 1979-501, permitting the City Council, in addition to other authorized means, to approve the sale, exchange, or transfer of the entirety of or any lesser interest in real property, either by public sale or by negotiated private sale in furtherance of adopted City policies or plans for the area. Allows the City to encumber the property being sold in order to further those policies or plans for the area or to make the sale contingent upon necessary rezoning of the property. Permits the price of the property to reflect any of those restrictions. Allows for conveyances to be made only pursuant to a resolution adopted by the Council after at least ten days’ notice. Allows for bids or written proposals, including detailed development and site plans for the purchase of any such property or property interest.

Section 6

Removes specified property from the Kannapolis corporate limits, effective June 30, 2024. Specifies that this has no effect on the validity of any of the City's liens for ad valorem taxes or special assessments outstanding before June 30, 2024, and allows those liens to be collected or foreclosed upon as though the property were still within the City's corporate limits. Exempts property in the described territory as of January 1, 2024, from municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2024.

Section 7

Limits the City of Kings Mountain from exercising any powers of extraterritorial jurisdiction under Article 2 of GS Chapter 160D or its predecessor statute in any area extending more than 1 mile beyond its contiguous corporate limits. Repeals SL 1999-259 (allowing Kings Mountain to extend its jurisdiction to certain areas within two miles of its limits). Effective October 1, 2024. 

Section 8

Adds the specified property to the Town of Mount Gilead's corporate limits, effective June 30, 2025. Specifies that property in the specified territory as of January 1, 2025, is subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2025.

Section 9

Amends Section 9 of SL 1911-233, as amended, as follows. Provides that vacancies on the Stanley Town Council will be filled by appointment of the remaining members of the council for the remainder of the unexpired term, notwithstanding GS 160A-63’s provisions pertaining to municipal vacancies. (Currently, Town Council elects members to fill vacancies.) Deletes provisions pertaining to the Town Council's (1) ability to elect members to fill any and all vacancies (either elective or appointive offices) that occur during their time in office; and (2) election and terms of police chief, assistant policemen, town clerk, sanitary officer, city attorney and other town officers deemed necessary to promote the general welfare of the people by the board of aldermen. Makes technical changes. Applies to vacancies occurring after the act becomes law.

Section 10

Removes 41 parcels, as described, from the corporate limits of the Town of Summerfield. Provides a savings clause for the validity of any liens of the Town for outstanding ad valorem taxes or special assessments. Directs that the property described is not subject to any existing or future joint annexation agreement entered into between Summerfield and Greensboro and is not subject to the extraterritorial powers of any municipality. Effective June 30, 2024. Deems property in the described territory as of January 1, 2024, no longer subject to municipal taxes for taxable years beginning on or after July 1, 2024.

Section 11

Removes specified property from Washington's corporate limits. Specifies that the act has no effect upon the validity of any of the City's liens for ad valorem taxes or special assessments outstanding before the effective date of this act; allows the liens to be collected or foreclosed upon after the effective date of this act as though the property were still within the Washington corporate limits. 

Effective June 30, 2024. Specifies that property in the removed territory as of January 1, 2024, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2024.

Makes technical and organizational changes. Makes conforming changes to the act’s titles.