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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: Apri121, 1998
Action Agenda
Item No. ,s _ q
SUBJECT: Draft Resolution Concerning Legislative Initiatives and Points of Interest of Orange County
for the 1998 Short Session of the North Carolina General Assembly
DEPARTMENT: County Attorney
PUBLIC HEARING: (Y/N) Nn
BUDGET AMENDMENT: (Y/N) No
ATTACHMENT(S):
4/15/98 County Attorney Letter
Notice of Public Hearing
Draft Resolution w/Exhibits
INFORMATION CONTACT:
Geof Gledhill, 732-2196
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: To consider a draft resolution and to set a public hearing related to legislative
initiatives and points of interest that the Board of Commissioners may wish to present to the Orange
County legislative delegation for consideration during the 1998 Short Session of the General
Assembly.
BACKGROUND: At their work session on March 31, 1998, the Board 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.
The County Attorney has prepared the attached documents which would establish notice of a public
hearing on May 6, 1998 at 7:30pm at the F. Gordon Battle Courtroom in Hillsborough and which
lay out the legislative agenda to be considered by the Board at that time.
RECOMMENDATION(S): The Manager recommends that the Board discuss the legislative
issues identified in the draft resolution prepared by the County Attorney and set the public hearing
for 7:30pm on May 6, 1998.
LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
919-732.2196
FAX 919.732-7997
Margaret W. Brown, Chair
April 15, 1998
Bill Crowther
Moses Carey, Jr.
Alice Gordon
Stephen Halkiotis
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
Dear Board Members:
2
FROM THE DESK OF
GEOFFREY E. GLEDHILL
The resolution that follows, I think, captures the sense of
the Board at the last Board meeting concerning legislative
initiatives of interest to and that as a practical matter can be
considered by the General Assembly during the Short Session. The
local acts, including the one pertaining to the construction
process for the school systems will require, by direction of our
legislative delegation, a public hearing. I recommend that the
Board schedule this public hearing for its meeting on May 6,
1998. Following the public hearing the Board can review again
the list of legislative initiatives, add to it or delete from it
and direct its transmission to our legislative delegation. I
will use the letter of transmittal to our legislators as a way to
describe any public hearing comments that are made during the May
6 public hearing.
Very truly yours,
GEG/lsg
Enclosure
xc: John M. Link, Jr.
COLEMAN. GLEDHILL & HARGRAVE. P_C_
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NOTICE 3
OF
PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
LEGISLATION
A public hearing will be held on Wednesday, May 6, 1998 at a
meeting which begins at 7:30 p.m. in the F. Gordon Battle
Courtroom, Hillsborough, North Carolina. This public hearing is
to receive public comments on issues which have been identified
to be of interest to Orange County and its citizens and which may
be presented to the North Carolina General Assembly for support
and, in the case of local bills, introduction and support. The
legislative items known now to be of interest to Orange County
and its citizens and the position proposed to be taken on each by
the Orange County Board of Commissioners follows:
1. Support of House Bill 271. This bill would provide for
the reimbursement to public school administrative units of sales
tax paid by those units.
2. Support of the passage of a bill calling for the study
of the practical and fiscal impacts on school administrative
units of the requirement that county public school administrative
units impound vehicles confiscated from repeat DwI offenders.
3. Support of the passage of a bill calling for the study
of additional property tax discounts for the elderly.
4. The passage of legislation which would require the
North Carolina Pesticide Board to adopt regulations pertaining to
providing notice of pesticide applications.
5. Introduction of and support of a local act authorizing
Orange County and the School Boards of Orange County and Chapel
4
Hill-Carrboro to enter into direct negotiations with separate
prime contractors for the construction of new school facilities.
6. Introduction of and support of a local act adding
Orange County to those counties who must consent to the
acquisition or condemnation of land in Orange County by another
local government located outside of Orange County.
7. Introduction of and support of a local act to add
Orange County to those counties which Senate Bill 594 authorizes
to levy a l~ sales tax (which would exempt from the tax sales of
food), following the passage of a local referendum, with the
proceeds to be used for school capital projects.
8. Introduction of and support of a local act to authorize
Orange County to regulate, by ordinance, the emission of
pollutants or contaminates.
9. Support of the North Carolina Association of County
Commissioners in its support of the passage of a Statewide bill
authorizing the levy of a local option 1~ sales tax (which would
exempt from the tax sales of food), following the passage of a
local referendum, the proceeds of which would be shared by
counties and municipalities to be used for capital projects.
10. Support of the North Carolina Association of County
Commissioners in its support of the passage of legislation to
increase the facilities fee and officers fee to help offset the
cost to counties of providing court and court-related facilities.
Public comments may be made at this meeting.
t
5
Written comments may be sent to the Board of County
Commissioners, P.O. Box 8181, Hillsborough, NC 27278 and must be
received by the conclusion of the public hearing on May 6, 1998.
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NORTH CAROLINA
ORANGE COUNTY
RESOLUTION REGARDING
LEGISLATIVE MATTERS
6
v
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
7
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 1~
sales tax, (which 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.
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
adopted this the day of
1998.
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
seconded by
the foregoing resolution was
of said Board.
WITNESS my hand and the seal of said County, this day
of
1998.
Clerk to the Board of Commissioners
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10
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
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
school facilities that could assist in meeting the critical neec~~
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
12
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.
GE`rER.4L ASSEi~TBLl' OF NORTH CAROLINA 13
1997 SESSION
S.L. 1997-37
HOUSE BILL 7~0
A;~ ACT TO ASSIST THE 1OHNSTON COL'~TY BOARD OF EDUCATION
WITH THE EXPEDITING OF PUBLIC SCHOOL FACILITIES.
Whereas, Johnston Count~• is faced with the critical need for school
facilities created b}- an unusual growth ~in student population: and
~'Vhereas, the Johnston Count~• Boar3 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 Education, faced «~ith the critical
need for school facilities, has implemented a mo•~el facilities plan using the Unicar~•
System Approach (USA) to design school facili;ies that are educationally effective
_and economically efficient; and
Whereas, the Johnston County Board of Education has competitive!}• bid
the LISA schoo[ design under the separate prime old laws of North Carolina and has
developed certain cost parameters based on this L SA concept: and
Whereas, the Johnston Countti• Board of Education desires to explore
alternative approaches to expedite the construction of school facilities that could
assist in meeting the critical need for school facilities; and
Whereas, the General Assembly reaffirms its commitment to enhance
public education and to encourage inno~'ation by public officials in meeting the
critical need for school facilities; Now, therefore,
The General Assembl}~ of North Carolina enacts:
Section 1. Notwithstanding the pro~~isions of Article 8 of Chapter 143 of
the General Statutes, the Johnston County Board of Education may select and
negotiate with separate prime contractors to build the unitary System Approach
(xJS model school plan if the Johnston Count~• Board of Education determines that
using the selection and negotiations processes Instead of competitive bidding will
expe t e the project, create an effective construction team, and control costs, quality,
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 County. The Johnson County Board of Education shall
report to the General Assembly the net price per square foot for each project at the
completion of each project.
Section 3. T:is act is effective 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 14
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:
"(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,
Oranae, 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.
~' GR Al ?~ ~!' S
•
~1~sa-~
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C(~C.'V"TIES
Definitions and Statutory Construction.
ARTICLE 1.
153A-4. Broad construction.
CASE NOTES
~1~3A-1~
Amendment to county zoning or- :vas constitutional and la:vful on its face.
dinance constituted a valid legisla- Counr: of Lancaster v. Mecklenburg
tive prerogative to change the sanitary Court•:. 334 N.C. 496, 434 S.E.2d 604
;r•r:,<, .r. --
^ landfill use from a "_special use permit" (1993
"~'~~'
`,}'.:. ;;,;,,;,,: - cote ory to a "use by ri ht under re-
g g P Cited in .lIaready v. City of Winston-
,~,,: ~ 'w''
'
` scribed conditions" category and that Salem. 342 ~1.C. 708, 467 S.E.2d 615
k
' F
1
•
, section of the county zoning ordinance, i 1996 ~; Three Guys Real Estate v.
- r_:~
~ ~
' which allowed county zoning adminis- Harnett County, 345 \.C. 468, 480
'
`_~
?
~ trator to approve the county
s permit S.E.2d 681 X1997).
-
;~f;:;~, =~, application for the siting of a landfill.
}:
• ~ ARTICLE 2.
'-4i
~~=4~:=~'~"~`: Corporate Powers.
y " § 153A-15. Consent of board of commissioners
~~~~ •
~• - y
necessar in certain counties before
` ~K ~ land may be condemned or acquired
-, ~. x by a unit of local government outside
f~`'~ the county.
~'
w - (al notwithstanding the provisions of G.S. 153A-159, Article 11 of
,~;: ~ Chapter 160A of the General Statutes, G.S. 130-130, Chapter 40 of
",~'~~ ,: the General Statutes, or any other general law or local act confer-
' ring the power of eminent domain, before final judgment may be
T"~'~ "; entered in any action of condemnation initiated (or in the case of
•, ~ - Article 11 of Chapter 160A, before a final condemnation resolution is
adoptedi by a county, city or town, special district, or other unit of
Iocal Government which is located wholly 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 ~lotwithstanding the provisions of G.S. 153A-155, Chapter
160A of the General Statutes, Article 12 of Chapter 130 of the
'~~ ` General Statutes, or any other general law or local act conferring
`,:~ the power 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 an~• real prop-
4, erty located in the other county by exchange, purchase or lease, it
• must have the approval of the county board of commissioners of the
county where the land is located.
(c) This section applies to Alamance. Alleghany, Anson, Ashe,
Bertie. Bladen, Brunswick, Burke, Buncombe, Cabarrus. Caldwell,
Camden. Caswell. Catawba. Cherokee. Cla_v. Cleveland. Columbus,
Craven. Cumberland, Currituck. Davidson. Davie, Duplin. Durham.
Edgecumbe, Fors~•th, Franklin, Gaston. Graham, Granvili~. Greene,
95
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u ~ ~ ~
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. i'
§153A-18 1997 CliMIrLATIVE SUPPLENIE:7T §153A-18
Guilford, Halifax, Harnett, Haywood, Henderson, Hoke, Iredell,
Jackson, Johnston, Lee, Lincoln, Nlacon, Madison, Martin,
McDowell, Mecklenburg, Montggomery, Nash, New Hanover, Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Polk, Rich-
mond, Robeson, Rockingham, Rowan, Sampson, Scotland, Stanly,
Stokes, Burry, 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. Sess., 1982), c.
1150, s. 1; 1989 (Reg. Bess., 1990), c. 973, s. 1; c. 1061, s. 1; 1991, c.
615, s. 3; 1991 (Reg. Bess., 1992), c. 790, s. 1; 1993 (Reg. Sess., 1994),
c. 624, s. 1; c. 628, s. 1; 1995 (Reg. Sess., 1996), c. 681, s. 1; 1997-164,
s. 1; 1997-263, s. 1.)
Local Modification. - Kanaapolis:
1997-295.
For additional local .modifications to
this section, see the main volume.
Effect of Amendments. -The 1995
(Reg. Sess., 1996) amendment, effective
June 21, 1996, inserted "Alleghany",
"Burry', and "~~%atauga" into the list of
counties in subsection (c).
Session Laws 199 7 -164, s. 1, effective
June 9, 1997, substituted "Wilkes, and
Yancey" for "and Wilkes" in the list of
counties in subsection (c).
Session Laws 1997-263, 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 Stanly to the list of
counties in subsection (c).
ARTICLE 3.
Boundaries.
§ 153A-18. Uncertain or, disputed boundary.
(a) If two or more counties are uncertain as to the exact location
of the boundary between them, they may cause the boundary to be
surveyed, marked, 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 exact 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. ?A-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
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Exhibit C
17
AN ACT TO AUTHORIZE CERTAIN COUNTIES TO LEVY ONE-CENT
LOCAL SALES AND USE TAXES FOR PUBLIC SCHOOL BUILDINGS
Exhibit C 18
NORTH CAROLINA GENERAL ASSEMBLY
AMENDMENT
Senate Bill 594
. AMENDMENT NO.
(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
Johnston" and replacing them with the words "Cabarrus,
Cumberland, Franklin, Johnston and Orange;"
SIGNED
Amendment Sponsor
SIGNED
Committee Chair if Senate Committee Amendment
ADOPTED _ FAILED TABLED
_ _ .. ~ - ., . i1
'` .GENERAL ASSEMBLY OF NURTH CAROLINA '1 . ~ 19. ~_
3
... - -- _.
,.. .r ~.
- -~ o ~ ,~ SESSION 19972.. * . ~ ^ w ~ 1
SENATE BILL 594
.Finance Committee Substitute Adopted .8r26l97
Short Title: Local Sales Tax for Schools, ~ ~ ~ ~~~
Sponsors:
_ .~ •--
Referred to: ~ .::~ :.
:. ....: ~ ~: ,App 11997 -
1 ~ ~ A BILL TO BE ENTTI LIrD ~ . ~ -'' -' <~
2 ~ AN "ACT = T'O ~~ ~ AUTHORIZE, CERTAIN COUNTIES ' TO ~ LEVY '-~ ONE-CENT
3 LOCAL SALES 'AND USE TAXES FOR PUBLIC SCHOOL'BUII.DINGS.
y
~.. 4 The General ~Assombl of North:Carolina enacts: - •
5 ~• ' ~.: ~ ~~Section -1. This act applies to .. Cabarrus, ~ Cumberland, -Franklin; and.
6 Johnston Counties only. -• ~ ~_~. ~. ..
~~ 7 •~_ ~ ' - _ ~.::; Section ~ 2. ` : Subchapter~~'VLTI of Chapter; 145 of the • General Statutes ~ is
8 amended by adding. a new Article to read:. ~. ~. ~ . 4 ~ .
9 ~ - - - .. .. _ _ .. ."ARTICLE 44. ~ .. ..
10 '. ~ ", Sind One=Cent ~~1 ~Lecal Crovern-mgt Sales and I7,~, Tax
12. ent S
13 4~: .
14 ",145-526.:~Linlitatio»Q_:
15 This Article av~lies onl, to counties that 1 „,~hr ~rst'nn~-rent (1~) Sales and ase
lb urd a t o u t b f 9 7
17 the fi_~ one-half eenl l1/2~ fecal calk an use fax under, T+-~~tp,4~( of this Cha~tr.
18 ~c _~ one'-half cent /1/2¢l I cal sales and use ta~c under ~ticlc 42 of It ~yTs
19 ~, ..
20 , "11 105•!27, Le~Q ~z_ .
21 The board of commissioners of a county m~~ by resolution few o, ne , rnPr*!1%0~
22 local sales and use taxes ~ additien to any r ~* to and Qca~sales and use tax,-gs
23 1~'~„c~„ pursuant to law Before ad oti~e a rPcn Ution un er thu section. the board of
~.
~`' ,~ GF,IVERAI, ASSIIVIBLY OF NORTH CAROLINA SESSION 1997
r .1:'comz~ssi~ers~ust give %at~t ~0 d~=public'=notise ~ of its intent to adopt the
+: 2 a~sol"tiort~~aiid must hold a•nublic~hearing on the,~ssue of -adopting the resolution....
~` 3 ""~ 105=528: ~Admiiiistration ~of fazes.
~:~ . 4 _ ~ F.lrce~ s wed in'~this Article, the adootio~n, levy,_~collection. adininisiration.
:~~:.~
5 and reveal o the additional taxes authorized by this~rtic~e shall be in accordance
~~~6-•a~ih A_rtide 39 of~thic Ch ester In-apj21~11~=arovisions of Article 39 of Chits
7,.= ~apter to this_Artic~ ~ references tq `this 'cle' mcan `Article 44 of Chapter 105 of
• • •8' en S tut ' ~ •
g`~`,~'-e raT 1w;~A under this Article does not 6,gply to the sales price of food that is not
10 nr~,,',se exempt frq~, tai pu*~~t -to-G.S._ 105-1 fi4.13 bnt would be exempt front
11 ~,g.e Sal and`L~~ t~z pur~tnt to G S 105-1643 iy~ it were nurch$sed with
12 • ~^~~~^~~ ~~~~~~ Lndr~ *he Food Stamp rog~am. 7 U.S.C. & S1_
13 "6105-SZ9. EzpiraHon.
14 a raz trv;rr~ „ncf~*,~is Article e~mir~s 10 vtars after the effective dart of its levy.
13 A ~ount~-'s authorization to levy a tax under this Article_ eauir~cs 10_vears after the
16 ,~~ ~~errinp date o#~e,~ijst tax a county levies under this Article -'even if the tax has net
.17; 'tema~ed in effect `for the entire 10-ytar gen~Th~ iration of a tax pursuant to
~18::• t~~S Amcle does not affect the rights or liabiLties of a county, a l,~x_„pav~or another
19 ` Win: a- rising •under= fired tax. nor does it affect the right to any refund or
• • :. 20 ~~credit of'a tax that world otherwisehave ~~en available' under thr cgpired ~u before
21 Mits~iration ~ , .
22``:'-S '105:530. • Dist~'biition and use of taxes,
23 ~.
- ~ 24
. 25
. `~ 26;.: ~ident~ed • as t~eirR > attributable :~ to a l~r~icular taxing bounty. the 5ecretarv shall
-' 27-~~alloeate ~thesg -taxes ~,amone thetaxingcounties in proportion to the amount of Ses
r- ,
. 28 'collected in each coup ,'under Phis Article in'that month and shall include them in
29 ~ the~uar er1Y'dlst~{~ution : ~ :: ~ ~.. .: .. ~._ :_ ~- .
:~ 30 {t~~ U,~,e ` ~- -The ,p~iceeds • of a tax l~+ied under ~ thin Article may be used o for
`31 ~~nublic school ~'ca~ital •outla4y puraoses or to .retire, debt incurred by the coon ~, for
32'~~ theSE ~urDOSes' after January 1. 1997."
33 ; ~ Section • 3. A ta: levied under Article. 44 of .Chapter 105. of the General
34 'Statutes, as enacted by this act, does not apply to construction materials purchased to
3$ ;fulfill a .lump suni or unit priec contzact entered into or awarded before the effective
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 otherSVise be subject
38 "~ to the ta: levied nndar Article 44 of Chapter 105 of the Gcncral Statutes.
39 Section 4. This act is effective when it becomes law.
Senate $111594
r ~~"
•E
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.
21
(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.
Section 3. This act is effective when it becomes law.
_~ y ~~.,
_ ~
22
§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. 331, 164 S.E.2d 607 (1968), decided prior _
- The protection of the well-being and to enactment of this section.
tranquility of a community by the rea- Applied in Jim Crockett Promotion, '
sonable prevention of disturbing noises Inc. v. City of Charlotte, 706 F.2d 486
is within the city's power to control nui- (4th Cir. 1983).
sances. State v. Dorsett, 3 N.C. App.
§ 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 ~i
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.
,s, ~ ~