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HomeMy WebLinkAboutRES-2010-015 DEFERRED - Resolution Regarding Legislative MattersDRAFT NORTH CAROLINA RES - 2010 - 015 RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTER ~- ~-aa~o 5~ BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senator and Representatives representing Orange County to introduce and support the following legislative matter: 1. AN ACT TO ENABLE THE TRANSITION OF THE AREAS OF ORANGE AND ALAMANCE COUNTY ALONG THEIR COMMON BOUNDARY LINE AND TO SET A TIME BY WHICH ORANGE AND ALAMANCE COUNTY SHALL SUBMIT A FORMAL REQUEST TO THE NORTH CAROLINA GENERAL ASSEMBLY FOR THE ESTABLISHMENT OF THE OFFICIAL BOUNDARY LINE BETWEEN THE COUNTIES (Exhibit A). Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this the 16th day of February, 2010. I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on February 16, 2010 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. 2 WITNESS my hand and the seal of said County, this 16th day of February, 2010. Clerk to the Board of Commissioners 3 DRAFT Exhibit A SESSION 2010 AN ACT TO ENABLE THE TRANSITION ALAMANCE COUNTY ALONG THEIR COMMO TIME BY WHICH ORANGE AND ALAMANCE REQUEST TO THE NORTH CAROLINA ESTABLISHMENT OF THE OFFICIAL COUNTIES. OF THE AREAS OF ORANGE AND N BOUNDARY LINE AND TO SET A COUNTY SHALL SUBMIT A FORMAL GENERAL ASSEMBLY FOR THE BOUNDARY LINE BETWEEN THE Section 1. The historic boundary line of Orange and Alamance County was that line described in the 1849 survey and formally adopted by the North Carolina General Assembly in approximately. 1851. Throughout the 170 years since that survey the exact location of the surveyed line has become uncertain resulting in unintentional modifications to the boundary line affecting taxation, school attendance, zoning maps, etc., within and among the two counties and the Town of Mebane, North Carolina. Section 2. (a) The 1849 survey line has, in 2008, been located by survey of the North Carolina Geodetic Survey Division ("NCGSD") of the North Carolina Department of Environment and Natural Resources. (b) Article VII Section I of the Constitution of the State of North Carolina states "The General Assembly shall provide for the organization and government and the fixing of boundaries of counties.." (c) Orange and Alamance Counties agree with and wish to recommend the General Assembly fix and adopt approximately sixty-one percent of the 2008 NCGSD survey line as the official boundary line between the Counties. (d) Orange and Alamance County and the Town of Mebane desire to survey and modify approximately thirty-nine percent of the 2008 NCGSD survey line, said thirty-nine percent to be modified in accordance with local values and principles, and to then formally submit to the 2011 Session of the General Assembly an agreed upon boundary line for fixation and adoption. (e) Any modification that may be made in the line submitted to the General Assembly as set out in Section •2 (d) shall only impact properties adjacent to or split by the 2008 NCGSD survey 4 line and when possible existing surveyed boundary lines will be used to determine the recommended final boundary line. Section 3. (a) Orange and Alamance County shall, with cooperation and input from the Town of Mebane, agree to modifications to the 2008 NCGSD survey line that reflect local values and principles. (b) The currently utilized boundary of Orange and Alamance County shall remain in .effect for all purposes including taxation, school attendance, land use controls, voter registration, and any other governmental function, until June 30, 2011 or until such time as the General Assembly shall act upon the fixation and adoption of the boundary line of Orange and Alamance County. (c) The elected and appointed officials and employees of Orange and Alamance County shall incur no liability under any North Carolina Statute, Rule, or Regulation for any act or failure to act relating to taxation, school attendance, land use controls, voter registration, or any other governmental function as it relates to the currently utilized boundary line of Orange and Alamance County. (d) Orange and Alamance County shall, no later than February 1, 2011, submit to the General Assembly an agreed upon boundary line that reflects local values and principles and that each County and the Town of Mebane agree shall be the official boundary line to be fixed and adopted by the General Assembly in the 2011 Session.