HomeMy WebLinkAboutAgenda - 05-06-1998 - 7bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 6, 1998
Action Agenda
Item No. ~_ ,b
SUBJECT: 1998 Orange County Legislative Agenda
DEPARTMENT: County Attorney
PUBLIC HEARING: (Y/N) Yes:: t~
BUDGET AMENDMENT: (Y/N) 1Va=r="=
ATTACHMENT(S):
4/29/98 Attorney Letter
4/21/98 Attorney Letter w/Attachments
Resolution Regarding Legislative Matters
INFORMATION CONTACT:
Geof Gledhill, 732-2196
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: To conduct a public hearing on the Orange County Board of Commissioners'
legislative agenda for the 1998 Short Session of the North Carolina General Assembly; and to
consider a resolution outlining legislative initiatives and points of interest that the Board of
Commissioners wishes to present to the Orange County legislative delegation for consideration
during the 1998 Short Session.
BACKGROUND: At their work session on Mazch 31, 1998, the Boazd of Commissioners
reviewed the ground rules for consideration of items during the 1998 Short Session of the General
Assembly. The Board also discussed local and statewide initiatives that it would consider
supporting or commending to the Orange County legislative delegation.
At the April 21, 1998 regular meeting, the Board of Commissioners reviewed a draft resolution,
prepared by the County Attorney, which outlined legislative issues and points of interest the Boazd
is considering for submission to the Orange County legislative delegation. The Board also set a
public hearing for 7:30pm on May 6, 1998, to receive citizen comments about the issues to be
included in the Boazd's resolution.
The General Assembly is scheduled to convene for the 1998 Short Session on May 11, 1998. In
order to meet the eazly deadline for the introduction of local bills, the Board needs to receive public
comment and then adopt this resolution, or a modified version of it. As in years past, the County
Attorney can transmit the resolution by cover letter to the members of the Orange County legislative
delegation.
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RECOMMENDATION(S): The Manager recommends that the Board conduct the public
hearing; discuss the legislative issues identified in the resolution prepared by the County Attorney;
adopt the resolution; and direct the County Attorney to transmit the resolution to the Orange County
legislative delegation before the deadlines established by the General Assembly for consideration of
legislation in 1998.
LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
919.732-2196 FROM THE DESK OF
FAX 919.732.7997 GEOFFREY E. GLEDHILL
April 29, 1998
Margaret W. Brown, Chair
Bill Crowther
Moses Carey, Jr.
Alice Gordon
Stephen Halkiotis
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: Legislative matters
Dear Board Members:
This letter follows my April 21, 1998 letter and the
attachment to it and the attachment to it related to the North
Carolina Association of County Commissioners Board of Directors
action on Homestead Exemption legislation. The Board of
Directors of the Association approved supporting the House
Speaker's proposal to increase to $25,000 both the amount of
property excluded and the income threshold for the homestead
exemption provided there is 1000 State reimbursement to local
governments of the approximately $8 million that will be lost to
local governments by this change. The Board of Directors' "plan
B" is to support the change in the Homestead Exemption provided
that the State reimburses local- governments for half of all
revenues lost to them because of the Homestead Exemption,
including that that will be lost if the exemption is increased.
In response to this I am providing the enclosed resolution
related to legislative matters which is an alternative to the
resolution considered by you at your last meeting and adds
support of the County Commissioners Association position on .the
Homestead Exemption. It also continues to include support of the
passage of a bill calling for the study of additional property
tax discounts for the elderly. I do not see support of the
present Homestead Exemption increase being in conflict with a
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4 ~ ,
Orange County-Board of Commissioners
Page 2
April 29, 1998
study of additional property tax discounts for the elderly done
in the broader context of property tax exemptions generally and
their impact on the property tax base.
Very truly yours,
GEG/lsg
Enclosures
xc: John M. Link, Jr.
GLEDHILL & HARGR.AVE, P.C.
E. Gledhill
lsg-12
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LAW OFFICES 5
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
FAX 919.732-7997 Apr i 1 21 , 19 9 8 GEOFFREY E. GLEDHILL
129 E. TRYON STREET
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
919.732.2196 FROM THE DESK OF
Margaret W. Brown, Chair
Bill Crowther
Moses Carey, Jr.
Alice Gordon
Stephen Halkiotis
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: Legislation
Dear Board Members:
Enclosed are a couple of items from the April 23, 1998 North
Carolina Association of County Commissioners Board of Directors
meeting agenda which pertain or are related to your consideration
of legislative matters for the upcoming Short Session of the
North Carolina General Assembly.
Very truly yours,
C'[1T.Ti'MLN
ledhill
GEG/lsg
Enclosures
xc: John M. Link, Jr.
Rod Visser
r_T.unHILL & HARGRAVE, P . C .
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aPtH~~,~ emoran u m .6 . ,
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r - o - i~orth Carolina Association of County Commissioners
goy '' ` ,~~y :Llailing.9ddress: P. O. Box 1488, Raleigh, NC ?760?-1.338
~~ COUNT Go Street.-Iddress: Albert Coates Local Government Center, 21~ N. Dawson Street, Raleigh, NC ?7603
Telephone: 919-71~-?893 • Fax: 919-733-106 • Email: NCACC@NCACC.org
Home Page Address: http://ncinfo.iog.unc.edu/NCACC
BOARD AGENDA #W-21-98
TO: OFFICERS AND BOARD OF DIRECTORS
FROM: C. RONALD AYCOCK, EXECUTIVE DIRECTOR
DATE: APRIL 16,1998
SUBJECT: HOMESTEAD EXEMPTION LEGISLATION
One of the priorities of the House majority for the 1998 short session is a change in the
Homestead Exemption. In a caucus held prior to the Special Session, the House
Republicans approved a proposal to increase the value of property excluded under the
Exemption from $20,000 to $2,000 and to increase the income threshold below which
taxpayers qualify for the Exemption from $15,000 to $2,000. The cost estimate on this
change in $8.7 million. These are, of course, county revenues.
Two bills now before the Legislature would change the Homestead Exemption.
House Bi1137, introduced by Rep. Cary Allred (Alamance), would increase both the
exclusion and the income threshold to $25,000. The. bill provides no reimbursement to
local governments. H37 has been discussed in the House Finance Committee and has
been referred to a subcommittee for further review.
Senate Bi11421, introduced by Sen. Roy Cooper (Nash), would provide for a statewide
referendum on a Constitutional Amendment to ~ve individual counties the authority to
determine the amount of the exclusion and the i come threshold under the Homestead
Exemption. The bill was approved in the Senate in late April and is currently in the
House Committee on Ways and Means.
Historically, the Association has supported periodic increases in both the amount of
property excluded from taxation under the exemption and the amount of annual income
below which a taxpayer qualifies for the exemption. We have also, however, supported
efforts to see that the state reimbursed local governments for the revenue lost because of
the exemption. Prior to 1990, these efforts were successful, with the state absorbing ~0%
($8 million) of the loss and reimbursing counties that amount.
• During the 1991 legislative session, the General Assembly, facing a $1.2 Billion budget
shortfall, `'froze'' the reimbursement level at the 1990 ($8 million) dollar figure. In the
~~ears since, the exclusion has been raised twice and the income threshold once with only
limited increase in the reimbursement.
Below is a table showing the value of excluded property, the income threshold and the
revenue loss (local/state) on a year by year basis.
Property Income Revenue LocaVState
Year Excluded Threshold Loss Share(Million)
1990 $12,000 $11,000 $16M $8/$8
1991 $12,000 $11,000 $16M $8/$8 Frozen
1992 $12,000 $11,000 $16M $8/$8 Frozen
1993 $1 ~,000(eff 1994) $11,000 $20M $12/$8 Frozen
1994 $1 x,000 $11,000 $20M $12/$8 Frozen
1995 $1,000 . $11,000 $20M $12/$8 Frozen
1996 $20,000(eff 1997) $1 x,000 $26M $1 ~/$11
1997 $20,000 $1 x,000 $26M $18/$8
*local governments were reimbursed for half of the loss ($6 million) resulting from the
1996 increases; but for one year only.
ACTION REQUESTED:
The Board is asked to take a position on proposals to expand the Homestead Exemption.
It is recommended that the Association support increases to $2,000 in the amount of the
exclusion as well as the income threshold; provided that the state reimburses local
Qovernments for half of all revenues lost because of the Homestead Exemption.
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- North Carolina Association of County Commissioners
O • V •~_
A C
~~y '' ` ~~`~ ;llailinJ Address: P. O. Box 1488, Raleigh, NC 27602-1-1S8
Street Address: Albert Coates Local Government Center, 21 ~ N. Dawson Street, Raleigh, NC 27603
O~ COUNT O
Telephone: 919-71~-2893 • Fax: 919-733-106 • Email. NCACC@NCACC.org
Home Page Address: http://ncinfo.iog.unc.eduMCACC
BOARD AGENDA #VV-29-98
TO: OFFICERS AND BOARD OF DIRECTORS
FROM: C. RONALD AYCOCK, EXECUTIVE DIRECTOR
DATE: APRIL 16, 1998
SUBJECT: REPORT OF THE TAXATION AND FINANCE STEERING COMMITTEE
The Taxation and Finance Steering Committee met on February 19. The committee took action
on two issues. The committee's recommendations are presented below.
1) Property Tax Defense Fund
The Board of Directors had referred this issue to the Taxation and Finance Steering Committee,
asking that the desirability of establishing a reserve to pay for legal defense costs associated with
lawsuits having a negative impact on the property tax base be examined. The committee
discussed the potential uses of such a fund, sources of revenue, and the decision-making powers
for Association involvement in defending property tax lawsuits.
Recommendation
The committee voted unanimously to recommend that:
a) the Board of Directors establish a permanent Property Tax Defense Fund in the
Association budget for F.Y. 1998-99; and
b) decisions regarding Association's participating in such lawsuits should be made by the
Board of Directors on the recommendations of the Taxation and Finance Steering
Committee.
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2) Article_=10 Local Option Sales Tas Earmarking
In 1983, the General Assembly authorized counties to levy and additional '/~% local option sales
tax. The legislation required that a portion of the counties' revenues from this new tax be used for
public school capital outlay needs. The specific earmarking provision required that:
• for the first ~-year period, 40% of the counties' tax proceeds be used for school capital outlay
and,
• for the second ~-year period, 30% of the proceeds be so designated.
In 1983, the General Assembly extended the 30% earmarking for another ~ years. For the vast
majority of the counties, this means that the earmarking requirement sunsets at the end of this
fiscal year (June 30, 1998).
Recommendation
The Taxation and Finance Steering Committee recommends that the Association- oppose
legislation to extend the earmarking requirement on the 1983 sales tax.
ACTION REQUESTED:
The Board of Directors is asked to consider the above recommendations and to take appropriate
action.
Ushared/boardlT& F21998mtg
10
NORTH CAROLINA
ORANGE COUNTY
RESOLUTION REGARDING
LEGISLATIVE MATTERS
BE IT RESOLVED by the Board of Commissioners of Orange
County that the Board hereby requests the Senators and
Representatives representing Orange County to support the
following legislative matters:
1. House Bill 271. This bill would provide for the
reimbursement to public school administrative units of sales tax
paid by those units in the same manner and for the same purposes
as the law provides for North Carolina counties and cities.
House Bill 271 was approved by the House of Representatives in
the 1997 regular legislative session but has not been approved by
the Senate.
2. The passage of a bill calling for the study of the
practical and fiscal impacts on public school administrative
units of Chapter 1997-379 of the Session Laws (House Bill 448),
which Act requires county public school administrative units to
impound vehicles confiscated from repeat DWI offenders.
3. The passage of a bill calling for the study of
additional property tax discounts for the elderly to be
undertaken, however, only in the context of a study of property
tax exemptions generally and their impact on the property tax
base.
4. The passage of Statewide legislation which would
require the North Carolina Pesticide Board to adopt regulations
requiring notice of proposed applications of pesticides in a
manner reasonably calculated to give notice to persons using the
11
property to -be treated with pesticides and in a manner reasonably
calculated to give notice to landowners adjoining the property to
be treated with pesticides.
BE IT FURTHER RESOLVED that the Board of Commissioners of
Orange County supports:
1. The North Carolina Association of County Commissioners
in its support of the passage of a Statewide local option 1a
sales tax, wwhich would exempt sales of food), the proceeds of
which would be shared by counties and municipalities, be used
only for capital projects, be distributed on the basis of point
of sale, be levied only upon a local referendum which approves
the levy of the tax.
2. The North Carolina Association of County Commissioners
in its support of Statewide legislation to increase the
facilities fee and the officers fee under N.C. Gen. Stat. §§ 7A-
304, 305 to help offset the cost to counties of providing court
rooms, judicial offices, facilities for the clerks of court,
additional court bailiffs, court facility security systems and
providing for probation officers in or near other court
facilities, the need for which has risen dramatically and will
continue to rise dramatically.
3. The North Carolina Association of County Commissioners
in its support of Statewide legislation to increase to $25,000
both the exclusion and the income threshold to the property tax
Homestead Exemption; provided that the State reimburses local
governments 100 of the $8 million Statewide loss to local
governments as the result of the increase in the Homestead
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Exemption or-that the State reimburses local governments for half
of all revenues lost to local governments because of the
Homestead Exemption.
BE IT FURTHER RESOLVED by the Board of Commissioners of
Orange County that the Board hereby requests the Senators and
Representatives representing Orange County to introduce and
support the following legislative matters:
1. AN ACT TO ASSIST ORANGE COUNTY, THE ORANGE COUNTY BOARD
OF EDUCATION AND THE CHAPEL HILL-CARRBORO BOARD OF EDUCATION WITH
THE EXPEDITING OF PUBLIC SCHOOL FACILITIES (Exhibit A to this
Resolution).
2. AN ACT REQUIRING THE CONSENT OF CERTAIN COUNTIES BEFORE
LAND IN THOSE COUNTIES MAY BE CONDEMNED OR ACQUIRED BY A UNIT OF
LOCAL GOVERNMENT OUTSIDE THE COUNTY (Exhibit B to this
Resolution).
3. AN ACT TO AUTHORIZE CERTAIN COUNTIES TO LEVY ONE-CENT
LOCAL SALES AND USE TAXES FOR PUBLIC SCHOOL BUILDINGS (Exhibit C
to this Resolution).
4. AN ACT AMENDING NORTH CAROLINA GENERAL STATUTE § 153A-
445 (MISCELLANEOUS POWERS FOUND IN CHAPTER 160A) TO AUTHORIZE
ORANGE COUNTY TO REGULATE BY ORDINANCE THE EMISSION OF POLLUTANTS
OR CONTAMINATES IN THE SAME MANNER AND TO THE SAME DEGREE AS
CITIES ARE SO AUTHORIZED AS PROVIDED IN N.C. GEN. STAT. § 160A-
185 (Exhibit D to this Resolution).
Upon motion of Commissioner
Commissioner
seconded by
the foregoing resolution was
adopted this the day of 1998.
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I, Beverly A. Blythe, 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 1998 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.
WITNESS my hand and the seal of said County, this day
of 1998.
Clerk to the Board of Commissioners
lsg-12
leg.res
Exhibit A
AN ACT TO ASSIST ORANGE COUNTY, THE ORANGE COUNTY
BOARD OF EDUCATION AND THE CHAPEL HILL-
CARRBORO BOARD OF EDUCATION WITH THE EXPEDITING
OF PUBLIC SCHOOL FACILITIES
14
WHEREAS, Orange County is faced with the critical need for
school facilities created by a dramatic growth in student
population; and
WHEREAS, the Orange County Board of Commissioners, the
Chapel Hill-Carrboro Board of Education and the Orange County
Board of Education have jointly approved and funded a Capital
Improvements Plan - 1997-2007 which includes plans for the
construction of school facilities to meet the dramatic growth in
student population in Orange County; and
WHEREAS, the Orange County Board of Education has
implemented a model facilities plan using the Unitary System
Approach (USA) to design school facilities that are educationally
effective and economically efficient; and
WHEREAS, the Chapel Hill-Carrboro Board of Education will
consider using the Unitary System Approach to design school
facilities; and
WHEREAS, the Orange County Board of Education will
competitively bid the USA school design under the separate prime
bid laws of North Carolina and will develop certain cost
parameters based on the USA concept; and
WHEREAS, Orange County, the Chapel Hill-Carrboro Board of
Education and the Orange County Board of Education desire to
explore alternative approaches to expedite the construction of
Y
school facilities that could assist in meeting the critical needs
for school facilities; and
WHEREAS, the General Assembly reaffirms its commitment to
enhance public education and to encourage innovation by public
officials in meeting the critical need for school facilities;
Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. Notwithstanding the provisions of Article 8 of
Chapter 143 of the General Statutes, Orange County, the Chapel
Hill-Carrboro Board of Education and the Orange County Board of
Education may select and negotiate with separate prime
contractors to build the Unitary Systems Approach (USA) model
school plan if the unit of government bidding and contracting for
the school construction determines that using the selection and
negotiations processes instead of competitive bidding will
expedite the project, create an effective construction team, and
control costs, quality and schedule.
Section 2. This act shall apply to construction of an
elementary school in central Orange County in the Orange County
School District, a middle school in the Chapel Hill or Carrboro
area in the Chapel Hill-Carrboro School District and a high
school in central Orange County in the Orange County School
District. If a unit of government authorized by this act uses
the USA method for the construction of any of the schools
identified here, that unit of government will report to the
General Assembly the net price per square foot for each
IS
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4
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project completed using the USA method at the completion of each
project using the USA method.
Section 3. This act is effective when it becomes law and
expires on June 30, 2002.
G_E\iERAL ASSE~tBLI' OF NORTH CAROLINA 17
1997 SESSION
S.L. 1997-37
HOUSE BILL 7=J
.~~ ACT TO ASSIST THc JOHNSTON COL\TY BOARD OF EDL'CAT[ON
WITH THE EXPEDITING OF PUBLIC SCHOOL FACILITIES.
Whereas. Johnston Counc~• is Eaced «°ich the critical need for school
facilities created b}' an unusual growth ~in student population: and
Whereas, the Johnston Count~~ Boa=3 of Education and the Johnston
County Board of Commissioners ha~~e jointl~~ approved and funded a School
Facilities 2000 building program; and
Whereas, the Johnston County Board of Educacioti, faced «~ith the critical
need for school facilities, has implemented a mo•~el facilities plan usir.?_ the Unitar~•
System Approach (USA) to design school facilities that are educationally effecti~~e
and economically efficient; and
Whereas, the Johnston County Board of Education has competitivel~~ bid..
the USA school design under the separate prime bid laws of north Carolina and has
developed certain cast parameters based on this L;SA concept: and
Whereas, the Johnston Count~~ Board of Education desires to explore
alternative approaches to expedite the construction of school facilities chat could
assist in meeting the critical need for school facilities; and
Whereas, the General Assembly reatfirms its commitment to enhance
public education and to encourage inno~-ation 'vy public officials in meeting the
critical need for school facilities; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. Nocw•ithstanding the pro~-isions of Article 8 of Chapter 1=t3 of
the General Statutes, the Johnston County Board of Education may select and
negotiate with separate prime contractors to build the unitary System Approach
(~JS model school plan if the Johnston Count~• Board of Education determines that
usin; the selection and negotiations processes instead of competitive bidding will
expe i e the project, create an effective conscrtfction team, and control costs, qualit~~,
and schedule. ~~~
Section 2 This act shall apply to constructiorr~~of an elementary school at
McGee's Crossroads,~n elementary school in Benson,`~'and an elementary/middle
school in West Johnson Counry. The Johnson County Board of Education shall
report co the General Assembly the net price per square foot for each project at the
completion of each project.
Section 3. T is act is ef~ective whe:~ it becomes law and expires on June
30, 2000.
In the General Assembly read three times and ratified this the 24th day of
April, 1997.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
Exhibit B
AN ACT REQUIRING THE CONSENT OF CERTAIN COUNTIES
BEFORE LAND IN THOSE COUNTIES MAY BE CONDEMNED
OR ACQUIRED BY A UNIT OF LOCAL GOVERNMENT
OUTSIDE THE COUNTY
The General Assembly of North Carolina enacts:
Section 1. G.S. 153A-15(c) reads as written:
18
"(c) This section applies to Alamance, Alleghany, Anson,
Ashe, Bertie, Bladen, Brunswick, Burke, Buncombe, Cabarrus,
Caldwell, Camden, Caswell, Catawba, Cherokee, Clay, Cleveland,
Columbus, Craven, Cumberland, Currituck, Davidson, Davie, Duplin,
Durham, Edgecombe, Fosyth, Franklin, Gaston, Graham, Granville,
Greene, Guilford, Halifax, Harnett, Haywood, Henderson, Hoke,
Iredell, Jackson, Johnston, Lee, Lincoln, Macon, Madison, Martin,
McDowell, Mecklenburg, Montgomery, Nash, New Hanover, Onslow,
Orange, Pamlico, Pasquotank, Pender, Perquimans, .Person, Pitt,
Polk, Richmond,. Robeson, Rockingham, Rowan, Sampson, Scotland,
Stanly, Stokes, Surry, Swain, Transylvania, Union, Vance, Wake,`
Warren, Watauga and Wilkes counties only."
Section 2. This act is effective when it becomes law.
~jy~~ ~ ~
Jl• .~ -•-J..-r--r -•~...____-.•~~...__... .~_•..r ~~_._._.. ._....
~ 1
`• ~ ARTICLE L.
De~Znitions and Statactory Construction.
153A-4. Broad construction.
CASE VOTES
19
1 ~:3A-1n
Amendment to county zoning or- was constitutional and la•.~~tul on its face.
• dinance constituted a valid legisla- Counr: of Lancaster v. 1lecklenburg
' five prerogative to change the sanitary Court•:. 334 ~.C. 496. -134 S.E.2d 604
,:r~;•.< ,. ~-u landfill u_e from a 'specia! u=_e permit" 1199•'. ~.
'"~ ''-'1 cafe ory to a "use by ri ht under
a: .„.r4: _ g g Pre- Cited in ~[aready v, Cit.: of ~Vinston-
" 'J'" scribed conditions" category and that Salem. 342 V.C. i 08, 46 ~ S.E.2d 616
•' :•-''.:~ ~ •, seccien of the county zoning ordinance, i1996~: Three Guys Real Estate v.
•, ~,;~ t .. ~ which allowed county zoning adminis- Harney County, 345 \.C. 468, 480
`=' ~ trator to approve the county's permit S.E.2d 681 i 199 i J.
- ;~~~•- ._ ~-; application for the siting of a landfill.
:_ ~'=` ~~~.. ARTICLE 2.
~•=t~-~ ~~£ ~ Corporate Powers.
'°~~~-~ ;' § 153A-15. Consent of board of commissioners
~' ~''- necessary in certain counties before
~., ~•~` land may be condemned or acquired
v ~`~:.:.
,~~ ~~-~ by a unit of local goy ernment outside
~,~ - the county.
...
. (ai ~;otwithstandino the provisions of G.S. 153A-159, Article 11 of
=''• Chapter 160A of the General Statutes, G.S. 130-130, Chapter 40 of
•:::2'~:`~ a the General Statutes, or anv other general law or local act confer-
;:,.;M f ~ c- ring the power of eminent domain, before final judgment may be
entered in any action of condemnation initiated (or in the case of
~~~ ~ •'•' - Article 11 of Chapter 160A, before a final condemnation resolution is
• ~• adopted) by a county, city or town, special district, or other unit of
'' local sovernment which is located «•holly or primarily outside
'~ ~ another county, whereby the condemnor seeks to acquire property
located in the other county, the condemnor shall furnish proof that
~. the county board of commissioners of the county where the land is
located has consented to the taking.
• ~ (bl Votwithstanding the provisions of G.S. 153A-155, Chapter
160A of the General Statutes, Article 1'? of Chapter 130 of the
-~_~~ General Statutes, or anv other general law or local act conferring
'~ the poorer to acquire real property, before any county, city- or town,
`{~~" special district, or other unit of local government which is located
~~~'- wholly or primarily outside another county acquires any- real prop-
ert~• located in the other county by exchange, purchase ur lease, it
must bare the approval of the county board of commissioners of the
~ ;' count' «-here the land is located.
(c) This section applies to Alamance. •~lleghany, Ar.~un, Ashe,
.L Bertie. Btaden, Bruns rick. Burke, Buncombe, Cabarru~. Caldwell.
_- Camden. Caswell. Catawba, Cherokee. Clay. Cleveland, Columbus,
• Craven. Cumberland, Currituck. Darid~on. Davie, Duplin. Durham.
Edoecumbe, Fors~'t'r., Fr;ir}klin, Gaston. Graham, Gran~•ill~. Greene.
' ~ ~ 95
oV7 ::'..
20
§1:53A-18 1997 CC;titL'L~T1VE SL'PPLE~IE~'T §153A-18
Guilford, Halifax, Harnett, Haywood, Henderson, Hoke, Iredell;
Jackson, Johnston, Lee, Lincoln, Macon, Madison, Martin,
tilcDowell, l~iecklenburg, Montggomery, Nash, New Hanover, Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Polk, Rich-
mond, Robeson, Rockingham, Rowan, Sampson, Scotland, Stanly,
Stokes, Surry, Swain, Transylvania, Union, Vance, Wake, Warren,
Watauga, Wilkes, and Yancey counties only. This section does not
apply as to any:
(1) Condemnation; or
(2) Acquisition of real property or an interest in real property
by a city where the property to be condemned or acquired~is within
the corporate limits of that city. (1981, c. 134, ss. 1, 2; c. 270, ss. 1,
2; c. 283, ss. 1-3; c. 459, s. 1; c. 941, s. 1; 1981 (Reg. Sens., 1982), c.
1150, s. 1; 1989 (Reg. Sens., 1990), c. 973, s. 1; c. 1061, s. 1; 1991, c.
615, s. 3; 1991 (Reg. Sens., 1992), c. 790, s. 1; 1993 (Reg. Sens., 1994),
c. 624, s. 1; c. 628, s. 1; 1995 (Reg. Sens., 1996), c. 681, s. 1; 1997-164,
s. 1; 1997-263, s. 1.)
Local ModiBcatton. - Kaaaapolis:
1997-295.
For additional local modifications to
this section, see the main volume.
Effect of Amendments. -The 1995
(Reg. Sens., 1996) amendment, effective
June 21, 1996, inserted "Alle~haaq',
'Surry', and "Watauga" into the list of
counties is subsection (c).
Session Laws 1997-164, s. 1, effective
June 9, 1997, substituted "Wilkes, and
Yancey" for "and Wilkes" is the list of
wunties in subsection (c).
Session Laws 1991.263, s. 1, effective
July 2, 1997, added Alamance, Cabarrus,
Camden, Cherokee, Clay, Craven,
Currituck, Edgecombe, Greene,
Guilford, Halifax, Macon, Nash,
Pamlico, Pasquotank, Perquimans, Pitt,
Polk, Richmond, and Stanlq to the list of
counties is subsection (c).
ARTICLE 3.
Boundaries.
§ 153A-18. Uncertain or, disputed boundary.
(a) If two or more counties are uncertain as to the enact location
of the boundary between them, they may cause the boundary to be
surveyed, mazked, and mapped. The counties may appoint special
commissioners to supervise the surveying, marking, and mapping. A
commissioner so appointed or a person surveying or marking the
boundary may enter upon private property to view and survey the
boundary or to erect boundary mazkers. Upon ratification of the
survey by the board of commissioners of each county, a map showing
the surveyed boundary shall be recorded in the office of the register
of deeds of each county in the manner provided by law for the
recordation of maps or plats and in the Secretary of State's office.
The map shall contain a reference to _the date of each resolution of
ratification and to the page in the minutes of each board of
commissioners where the resolution may be found. Upon recorda-
tion, the map is conclusive as to the location of the boundary.
(b) If two or more counties dispute the enact location of the
boundary between them, and the dispute cannot be resolved pursu-
ant to subsection (a) of this section, any of the counties may apply to
a superior court judge who has jurisdiction pursuant to G.S. 7A-47.1
or 7A-48 in any of the districts or sets of districts as defined in G.S.
7A-41.1 in which any of the counties is located for appointment of a
96
•
r
r
I
•~
_ Exhibit C
21
AN ACT TO AUTHORIZE CERTAIN COUNTIES TO LEVY ONE-CENT
LOCAL SALES AND USE TAXES FOR PUBLIC SCHOOL BUILDINGS
t
22
- __ Exhibit C
NORTH CAROLINA GENERAL ASSEMBLY
AMENDMENT
Senate Bill 594
AMENDMENT N0.
(to be filled in by
Principal Clerk)
Page 1 of 1
Date ,1998
Comm. Sub. [YES]
Amends Title [NO]
moves to amend the bill on page 1, lines 5 and 6,
by deleting the words "Cabarrus, Cumberland, Franklin and
JohnstonH and replacing them with the words "Cabarrus,
Cumberland, Franklin, Johnston and Orange;u
SIGNED
Amendment Sponsor
SIGNED
Committee Chair if Senate Committee Amendment
ADOPTED FAILED
TABLED
e
L - ~ -~ . - - -.~;. ' . -'. --GENERAL=ASSEMALY OF NORTH CAROLINA .. ; ~:~. 23 ~.
. __ ~_ t', :`~SFSSION 1997= • . .~,~'.. ~,... ,:..
SENATE BILL 594 . .
Finance Committee Substitute Adopted .8R6l9~ ~ -
. ~ _ ~ .-. i
• T- .. .
Short Title: Local Sales Taz for Schools. ~ ~ - (Local)
SpOT1SOTS:
~--
.~
,~.
Referred to: ~ . _-~
.,
. - .. _ ~ ,.April 1,1997 ~ -
-
. 1 r ..1
..
_ .,
. ~ z -- A BILL TO BE ENTTI'LED ~ '' •'
_ ,..Y:; :
~
..:~
:' 2 ~ ,
AN ~ ACT - TO ~~ ~ AUTHORIZE. CERTAIN ~ COLTN'I'IES ~ TO
LEVY '~ ONE-CENT
3 LOCAL SALES 'AND USE T,4XES FOR PUBLIC SCHOOL BUIIrDIIYGS. ~ -
~, 4 ~ The GeneralAssembly of North :Carolina enacts: - .. , .
. ' S ~. -_ ~~ Sectiou • 1. This -act applies to .: Cabaxrus, ~ Cumberland, Franklin,
~ - and
.e b . .
Johnston~Coutities only. -. ,~~, .. .. .
~~
7 - .:Section ' 2. : Subchapter''VITI of Chapter ~ ~ lOS of -the ' General Statutes ~ is
8 a new Article to read:.... ~
amended by. adding
, .
10 "S~rOnd Ono-Ceat ~dl ~L,ocal GpvernmenL Sees and se'Ta~c.
11 ° S lOS-S?-S. _ Shrn2 dde.:. _: _ .. :; ... ~ .=~; ; _
'
' 12 ~t (1~1 L~ca_1 Go~cesnment Sales' and Llse
'i"h~s Article is the Second One= Tax
13 $S~ _ .
14 "~ 10.S-52b. ' Li:::it~gr~ : ~ '
15 Thy Article applies only to equnti~s at lew t,~e first~one-cent (,lt)_ ~~es and ase
16 murder Article 39 of this Chapter o~ un___ der Chapter 1Q9b of the~,967 Session L aws
17 ;~+r ~*~* ~*+r-~+gtf een~l2d) 1QCal sales and ns~ tax under~rticle 40 of t_ pter
. 18 .the second orb-half cent (1~ Local sakes and use tax under ~ticle 42 of this
19 C! ter. :.. _ _
20 ~ "$ 105- _2~. ~evl- of taz.
21 The board of commissioners of a county m„~yy,~ resolution. lew one tx~~t ( 1%1
22 ~gc ~ sales and use taus in addi ' n to any other State and ~ sales and use t axes
23 leried pursuant to law~_ Before adootine a rr~lution under this section. the boar d of
~~ ~ ~ GEIYE~AL ASS~iBLY OF NORI~i C.~-ROLINA SESSION 199'7
x~~: ~>~ ,
e ~ .. •
~~
1
..
~- ~:~~ Z
3-''_~
:
1 5=528: ~Admmistra
~ton ~o.=
~:
~.~„•~~ ~ 4 _ .~
~. ~Qt'~as~vided in"this Article, the a dopthonl,levy , collgction. adm inistration.
~.
' S ~
repeal of the add+
tional toes aut~,ori2
Cd by this Ar
ticle shall be in a
ccordance
:"'6~~ ~r ~ article 39 of ~ this hapter. In aR~ly jn„~ the prov isions ~ of Article 39 of this
7:
~ pter to this cue. references to `this A rticle' mean ` ArticIc 44 of Cha pter 105 of
.
-8' the General S tut ~ ~'
9 ` ~~.,'- 13 tam levied under,t ~s_Article does not ag~lY tQ the s ales price of food that is not
10 ~h from
erwise ezempt t~,pursuant to G S 105-1 fi413 but would be ez ' pt from
11 ~
~ _
State sales and`us e tsa_4urs_ua~t to G .S. 105-164,13 if it were n,~eh ased with
,
12 • ~~» ~+*+~ ~~~~ un er th e Food Staa~~ro¢r am 7 U S C & S1
13 "6 14S.S29. Ezniration.
. 14 A tax levi under t his Article e~~res 1 0 years after t he effective date of iIs lew
iS A county's authorisatio n to levy a• taz und er this Articl e emires 10 year s after the
16 ~• eff ective date of the ~ tan a county levies under this Ar tiste -'even if the t az hat not
.17; ~~ t_e mained in effect `for t he entire 10-year psr iod The exp uation of a tart u u
rsua
n~to
•18,~ this Article doe's not a ffect the ri8hts or b ilities of a co unty a tazpaver ~
_
or another-
19';~.,^er
soa'~arising~tgder~'
~ fired tax:,nor
does it affect
the ri~,t to any .
refund clr
• . 20~}cre dit ef'a tax that wou ld otherwise ha _e be en available' u nder . c,~ired tax re
.'2~.~ it.S eTD~a~~n. ~ ai , ..'~
r - ~ ~.' T•
~
22'x'$ 1QS.530.
'but3o n and use of taxes. ~ '
"' 17-~: atiocate ~ttlCSe 3a=.QCS 'SInOn~, •tne ~tax~g counties~,pro~on to the amount of taxes
.' 28 Sollected in each c4nnty under 'this Article in 'that month and sha1~ include them in
.29 = th~~Y dis ~'bution ~. ~ - _ ....
.~30 , se: ~- The d Y ~ a ~ o f r
`31 ~: tlublic school'`C8D1'tal •entlaV purDOSE'S or to .retire de t incurred by ~e county for
~. 32'these pu~oses' afte~J~ry.1. 199?."
33 : ~~ Szctiou ~ 3. A tax levied under Articlc. 44 of . Chaptez 105 of the General
34 ~•Statutes, as enacted by this act, does not apply to construction materials purchased to
35 ;fulfill a .lump suai or unit price contract entered into or awarded before the cffectivc
36 ~ date ~•of the . levy ~ or • entered :into or awarded pursuant to a bid made before the
37 . effective date of the levy when the construction materials would otherwise be subject
38 ~; to the ta, Ievi~d tinder Article 44 of Chapter 105 of the Gcncral Statutes.
39 ~ Section 4. This act is effective when it becomes law.
Scnatc $111594
24
J`
-__ Exhibit D
AN ACT AMENDING NORTH CAROLINA GENERAL STATUTE
§ 153A-445 (MISCELLANEOUS POWERS FOUND IN CHAPTER
160A) TO AUTHORIZE ORANGE COUNTY TO REGULATE
BY ORDINANCE THE EMISSION OF POLLUTANTS OR
CONTAMINATES IN THE SAME MANNER AND TO THE SAME
DEGREE AS.CITIES ARE SO AUTHORIZED AS
PROVIDED IN N.C. GEN. STAT. § 160A-185
The General Assembly of North Carolina enacts:
Section 1. G.S. 153A-445(a) reads as rewritten:
"(a) A county may take action under the following
provisions of Chapter 160A:
(1) Chapter 160A, Article 20, Part 1. -- Joint
Exercise of Po wers.
(2) Chapter 160A, Article 20, Part 2. -- Regional
Councils of Go vernments. -
(3) G.S. 160A-487. -- Financial support for rescue
squads.
(4) G.S. 160A-488. -- Art galleries and museums.
(5) G.S. 160A-492. -- Human relations programs.
(6) G.S. 160A-497. -- Senior citizens programs.
(7) G.S. 160A-489. -- Auditoriums, coliseums, and
convention and civic centers.
(8) G.S. 160A-498. -- Railroad corridor preservation.
(9) G.S. 160A-185. -- Emission of pollutants or
contaminates.
Section 2. This act applies only to Orange County.
25
Section 3. This act is effective when it becomes law.
26 ''~
§160A-183. CH. 160A. CITIES AND TOWNS §160A-186
§ 160A-183. Regulation of explosive, corrosive, in-
flammable, or radioactive substances.
A city may by ordinance restrict, regulate or prohibit the sale,
possession, storage, use, or conveyance of any explosive, corrosive,
inflammable, or radioactive substances, or any weapons or instru-
mentalities of mass death and destruction within the city. (1917, c.
136, subch. 5, s. 1; 1919, cc. 136, 237; C.S., s. 2787; 1971, c. 698, s.
1.)
§ 160A-184. Noise regulation.
A city may by ordinance regulate, restrict, or prohibit the produc-
tion or emission of noises or amplified speech, music, or other
sounds that tend to annoy, disturb, or frighten its citizens. (1971, c.
698, s. 1; 1973, c. 426, s. 25J .
CASE NOTES
Prevention of Disturbing Noises.
- The protection of the well-being and
tranquility of a rnmmunity by the rea-
sonable prevention of disturbing noises
is within the city's power to control nui-
sances. State v. Dorsett, 3 N.C. App.
331, 164 S.E.2d 607 (1968), decided prior
to enactment of this section.
Applied in Jim Crockett Promotion,
Inc. v. City of Charlotte, 706 F.2d 486
(4th Cir. 1983).
§ 160A-185. Emission of pollutants or contami-
nants.
A city may by ordinance regulate, restrict, or prohibit the emis-
sion or disposal of substances or effluents that tend to pollute or
contaminate land, water, or air, rendering or tending to render it
injurious to human health or welfare, to animal or plant life or to
property, or interfering or tending to interfere with the enjoyment
of life or property. Any such ordinance shall be consistent with and
supplementary to State and federal laws and regulations. (1917, c.
136, subch. 5, s. 1; 1919, cc. 136, 237; C.S., s. 2787; 1949, c. 594, s. 2;
1971, c. 698, s. 1; 1973, c. 426, s. 26.)
Cross References. - As to authority sons, firms or corporations for the dis-
of counties, cities and towns to enter into posal of solid waste, see §§ 153A-299.1
long-term contracts with private per- through 153A-299.6.
CASE NOTES
Cited in Stanley v. Department of
Conservation & Dev., 284 N.C. 15, 199
S.E.2d 641 (1973).
§ 160A-186. Regulation of domestic animals.
A city may by ordinance regulate, restrict, or prohibit the keep-
ing, running, or going at large of any domestic animals, including
dogs and cats. The ordinance may provide that animals allowed to
run at large in violation of the ordinance may be seized and sold or
destroyed after reasonable efforts to notify their owner._ (1917, c.
162
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