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HomeMy WebLinkAboutRES-2011-009 Resolution Regarding Legislative Matters - Pertaining to Alamance County-Orange County Line (91%) (9%)3 RES - 2011 - 009 NORTH CAROLINA ORANGE COUNTY RESOLUTION REGARDING LEGISLATIVE MATTERS 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 matters: 1. AN ACT TO ESTABLISH NINETY-ONE PERCENT (910) OF THE COMMON BOUNDARY .BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY (Exhibit A); and 2. AN ACT TO AUTHORIZE ALAMANCE COUNTY AND ORANGE COUNTY TO RECOMMEND THE LOCATION OF NINE PERCENT (9%) OF THE COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY (Exhibit B). Upon motion of Commissioner i,!/ seconded by Commissioner the foregoing resolution was adopted this the 1St day of February, 2011. 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 1, 2011 as relates in any way to the adoption of the foregoing and that said proceedings 4 are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this 1St day of February, 2011. r e*~Oti C~~ Clerk to the Board of Commissioners r Ezhibit A BILL DRAFT 2011 1 AN ACT TO ESTABLISH NINETY-ONE PERCENT. (91%) OF THE COMMON 2 BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY 3 SUBSEQUENT TO THE 2010/2011 RESURVEY OF THE HISTORIC ORANGE COUNTY 4 ALAMANCE COUNTY BOUNDARY LINE AS DESCRIBED IN THE 1849 SURVEY 5 ESTABLISHING ALAMANCE COUNTY 6 The General Assembly of North Carolina enacts: 7 SECTION 1. The historic boundary line forming Alamance County from Orange 8 County was described and surveyed in 1849. In the subsequent 160 years, this line became 9 uncertain resulting in unintentional modifications to the boundary line. affecting taxation, 10 school attendance, zoning maps, and elections, within and among Alamance County, Orange 11 County and the Town of Mebane, North Cazolina. Pursuant to NC Gen. Stat.153A-18(a) 12 entitled `Uncertain or Disputed Boundary', both county commissions passed resolutions 13 (Alamance County, December 17, 2007 and Orange County, January 18, 2008) to request that 14 North Carolina Geodetic Survey (NCGS) perform a preliminary re-survey and present a 15 proposed map for consideration by both counties. 16 SECTION 2. The Alamance County Boazd of Commissioners agreed, by vote on April 17 21, 2008 and Orange County on May 20, 2008 to approve authorizing NCGS to conduct the 18 preliminary survey and the placing of monuments by NCGS consistent with their research to 19 form a boundary baseline. On July 8, 2010 the North Carolina General Assembly enacted 20 Session Law 2010-61, which enabled Alamance County and Orange County to transition 21 properties between the two counties for the purpose of recommending to the North Carolina 22 General Assembly a mutually agreed upon boundazy line between the two counties. 23 SECTION 3. Section 3 of Session Law 2010-61 is Amended as follows: In the 160 24 years since the initial survey of the Alamance County Orange County Boundary Line 25 Alamance and Orange County have entered multiple taxing agreements, which have resulted in 26 properties being taxed in one county by the adjoining county. Other situations have arisen in 27 which children of one county attend school in the adjoining county and voters in one county 28 have voted in the adjoining county. The General Assembly recognizes the difficulties in 29 addressing these issues and authorizes Alamance County and Orange County to maintain the 30 current taxing, elections, education and any other recognized government function in place 31 until July 1, 2012. 32 SECTION 4. Section 4 of Session Law 2010-61 is Amended as follows: 33 SECTION 4.(a) On and after July 1, 2011, all papers, documents, and 34 .instruments required or permitted to be filed or registered, involving residents and property in 3 S areas affected by the resurvey of the boundary line, which previously may have been recorded 5 1 in the adjoining counties shall be recorded in the county to which the property has been 2 reassigned by this Act. 3 SECTION 4.(b) All public records related to residents and property in azeas 4 affected by the resurvey of the boundary line, which were filed or recorded prior to July 1, 5 2011, in the adjoining counties, shall remain in those respective adjoining: counties where filed 6 or recorded, and such records shall be valid public records as to the property and persons 7 involved even .though they are recorded in an adjoining county which is, a county where the 8 property is no longer located as evidenced by the 2008 North Carolina Geodetic Survey and the 9 subsequent partial resurvey pursuant to section 7 of this act. 10 SECTION 4.(c) On and after July 1, 2012, all real and personal property in areas 11 affected by the resurvey of the boundary line, which was subject ~to ad valorem taxation on 12 January 1, 2012, shall be subject to ad valorem taxes in the county to which the property is 13 reassigned for the fiscal year beginning July 1, 2012, to the same extent as it would have been 14 had it been correctly recognized by the tax departments of each county on January 1, 2012, 15 except as hereinafter provided with respect to classified registered motor vehicles. On July 1, 16 2011, .the adjoining County Tax Administrators shall transfer to the respective County Tax 17 Assessors the ad valorem tax listings and valuations for all real and personal property subject to 18 ad valorem taxation in areas affected by the resurvey of the boundary line except classified 19 motor vehicles which were registered in the adjoining counties prior to July 1, 2011. For the 20 fiscal yeaz which begins July 1, 2011, all real and personal property in areas affected by the 21 resurvey of the boundary line, which was subject to ad valorem taxation in that area on January 22 1, 2012, shall be assessed and taxed as follows: 23 (1) The ad valorem property taxes assessed on all classified registered motor 24 vehicles registered or listed in adjoining counties between January 1, 2011, 25 and Macch 1, 2012, shall be collected by the appropriate adjoining county 26 tax collector and all such taxes shall be retained by that adjoining county. 27 The taxes on all classified registered motor vehicles registered after March 1, 28 2012, shall be assessed and collected by the County Tax Department in the 29 county to which the real property wherein the classified registered motor 30 vehicles are situated has been reassigned. 31 (2) The values established by the pazticulaz adjoining County Tax Administrator 32 on all personal properly other than classified registered motor vehicles shall 33 be used by the each County Tax Assessor without adjustment in computing 34 taxes due for the fiscal year beginning July 1, 2012. All such taxes shall be 35 assessed and collected by the appropriate County Tax Department. 36 (3) For the interim time period between the reassignment of properties into their 37 respective counties. and until such time as the next regularly .scheduled 38 revaluation period, Alamance County and Orange County may select either 39 of two methods of valuating the property realigned into their respective 40 counties by this act. The selection of either method by a County shall not 41 give any individual or entity grounds for challenging such temporary 42 valuation. Such methods aze delineated as follows: 43 a. The values established by the adjoining County Tax Administrators 44 on all real property formerly taxed in their county shall be adjusted 45 by the appropriate County Tax Assessor by applying the difference 46 between one hundred percent (100%) of such values and the 47 appropriate County median ratio, as established by the Sales 48 Assessment Ratio Study compiled by the North Cazolina Department 49 of Revenue as of January 1, 2009. The taxes determined by applying 50 this method will be collected and retained by the appropriate County 51 Tax Collector. The value of such property shall then be revalued 2 6 1 according to the regularly scheduled revaluation period for each 2 County. . 3 b. The values established by the adjoining County Tax Administrators 4 on all real property formerly taxed in their county shall be adopted by 5 the appropriate County Tax Assessor upon the transition of property 6 to the adjoining County. The valuation of such property shall then be 7 revalued according to the regularly scheduled revaluation period for 8 each County. 9 (4) Bea nning January 1, 2013, all property in azeas affected by the resurvey of 10 the boundary line, which is subject to ad valorem taxation shall be listed, 11 assessed, and taxed by the appropriate County Tax Administrator in the 12 same manner as is prescribed by law for all other property located within 13 each County. 14 (5) The final tax values of property subject to ad valorem taxation in azeas 15 affected by the resurvey of the boundary line_as of January 1, 2013, shall be 16 determined by the adjoining County Tax Administrator. Appeals to the 17 North Carolina Property Tax Commission or to the courts by property 18 owners of properties affected by the boundary laic .change shall be defended 19 by both counties and both counties shall be responsible: for their costs and 20 expenses, including attorneys' fees, incurred in connection with such 21 appeals. 22 (6) Any unpaid taxes.c~r tax liens for the fiscal year ending June`30, 2012, or for 23 prior years on property subject to taxation in areas affected by the resurvey 24 of the boundary line shall. continue to be valid and enforceable by the 25 respective adjoining county, including the foreclosure remedies provided for 26 in G.S. 105-374 and G:S. 105-375, and the remedies of attachment and 27 garnishment provided for- in G.S. 1Q5-366 through G.S. 105-368. The 28 Alamance County and Orange County Tax°Administrators shall supply ane 29 another with a list of unpaid taxes for the tax year 20.11. on or beforeJuly 1, 30 2012. Any such taxes collected by either county shall be promptly paid to 31 the:,appropriate adjoining county including accrued interest. The provisions 32 ~ of G.S; 105-352 (d) shall not apply to: Those areas in adjoining county 33 previously_taxed by either County outside the areas affected by the resurvey 34 of the boundary line, that shall forthwith be properly listed and taxed in the 35 county to which they have been reassigned by this Act; and those areas 3 6 within each county that were in the past improperly listed and taxed by the 37 adjoining ~uz~nties due to uncertainty as to the exact location of the true 38 historic Alan~ance County Orange County boundary line. 39 SECTION 4:{d)` No cause of action, including criminal actions, involving persons 40 or property in areas affected by the resurvey of the boundary line which is pending on July 1, 41 2012, shall be abated, and such actions shall continue in the appropriate adjoining county. 42 SECTION 4.(e) The Board of Elections of each adjoining county shall effective 43 July 1, 2012, transfer the voter registration records pertaining to persons residing in areas 44 affected by the resurvey of the boundary line and located in either county to the adjoining 45 county's Board of Elections, and thereafter the registered voters so transferred shall be validly 46 registered to vote in that adjoining county. 47 SECTION 4.(f) The Jury Commission of each adjoining county shall revise its jury 48 lists to add to or eliminate therefrom those persons subject to jury duty who reside in areas 49 affected by the resurvey of the boundary line, said revised jury lists to be effective July 1, 2012. 3 1 SECTION 5. Any properties subject to taxation under NC Gen. Stat. §105-274 which 2 were taxed by both the Alamance County and Orange County taxing authorities on or after 3 3anuary 1, 2007 are hereby granted the following relief 4 SECTION 5 (a). Property owners of any such dually taxed properties may, pursuant to 5 the terms of NC Gen. Stat. § 105-381, demand refund and/or release of taxes paid to the county 6 from which their properly, or portion thereof, was transitioned. 7 SECTION 5 (b). Any claim for relief pursuant to this- Section and under the terms of 8 NC Gen. Stat. 105-381 may be made for taxes assessed January 1, 2007 through December 31, 9 2011. All such claims for relief must be made in writing to the county from which the affected 10 property was transitioned on or before February 28, 2012.. 11 (1) Should a claim for relief pursuant to this Section not be made by 12 February 28, 2012 such claim is waived and no further relief shall be 13 granted pursuant to this or any other Act. 14 (2) Alamance County and Orange County shall not grant refunds or 15 releases pursuant to this Section for any claims made after February 16 28, 2012 and are released from all liability for any such claims made 17 for any act or failure to act pursuant to this Section. . 18 SECTION 5 (c). The provisions of this Section shall apply only to properties 19 transitioned from one county to the other, in whole or in part, pursuant to SL 2010-61 and this 20 Act. Claims for relief brought under this section shall not unreasonably be denied. 21 SECTION 5 (d). For purposes of this section only, the term property owner shall 22 include any builder or developer which paid property taxes on real properly to both counties 23 and subsequently sold said property or which, as part of an escrow agreement in which the 24 buyer of such property paid taxes to one county and the builder or developer who sold the 25 properly, paid taxes on the same piece of properly to the adjoining county. 26 SECTION 5 (e). The taxing authorities of Alamance County and Orange County shall 27 notify property owners affected by this Section of the terms of this Section within 30 days of 28 ratification of this Act. Such Notice shall be by United States Mail at the mailing address to 29 which any tax bills were previously submitted. No other notice is or shall be required. 30 SECTION 6. Section 6 of SL 2010-61 is amended as follows: Any child who was a 31 resident of any area reassigned by this act on its date of ratification and who was a student in 32 the Orange or Alamance school system during the 2009-2010 or 2010-2011 or 2011-2012 33 school year, and the siblings of any such person, may attend school in the same school system 34 as their siblings without necessity of a release or payment of tuition. Any such student, while 35 attending the Orange County school system, shall be considered a resident of Orange County 36 for all public school purposes, including transportation, athletics, and funding formulas. Any 37 such student, while attending the Alamance County School system, shall be considered a 38 resident of Alamance County for all public school purposes, including transportation, athletics 39 and funding formulas. Notice must be given to all affected school systems by the parent or 40 guardian in order to .exercise the privilege granted by this section. 41 SECTION 7. The establishment of a county boundary line is, pursuant to Article VII 42 Section 1 of the North Cazolina Constitution, the sole responsibility of the North Carolina 43 General assembly. Further, it is vital to the State of North Carolina and all affected local 44 governments that county boundary lines be fixed and any uncertainty as to the location of 45 county boundary lines be resolved. For this reason and in the interest of justice neither. 46 Alamance County nor Orange County, nor any agent, employee, or appointed or elected 47 official, shall be liable to any individual, group, organization, for profit or not for profit 48 business entity of any kind, governmental entity or agency of any type or kind, for any 49 damages, costs, fees or fines, and no court action shall be maintained against said officials, 50 employees and agents, for any recommendation, act, failure to act, or conduct related to SL 51 2010-61 or this Act and/or the adoption of a fixed boundary line separating the two counties. 4 s 9 1 Except as set out in Section 5 above, and effective upon ratification of this Act, Alamance 2 County and Orange County, their officials, employees and agents, are released from all liability 3 for any claims made, and no court. action shall be maintained against said officials, employees 4 and agents, for any act or failure to act pursuant to the terms of this Act or SL 2010-61 and no 5 further relief shall be granted or cause of action sustained except as provided herein. 6 SECTION 8. Section 8 of SL 201D-61 is amended as follows: Alamance County and 7 Orange County shall cause areas of the boundary line to be resurveyed in areas where property 8 owners have met the established administrative criteria to be assigned to a specific county, but 9 shall not bear the costof such resurveys. 10 SECTION 9. Except as Amended herein, SL 2010-61 shall continue in full force and 11 effect save and except those provisions which may conflict with this Act. Any provisions of 12 SL 2010-61 that conflict with any provision of this Act shall be void and the provisions of this 13 Act shall control. 14 SECTION 10. Pursuant to Article VII Section 1 of the North Carolina Constitution 15 any boundary line between Alamance County and Orange County previously surveyed, 16 recognized, adopted, described, utilized or ratified is dissolved upon ratification of this Act. 17 SECTION 11. Pursuant to Article VII Section 1 of the North Carolina. Constitution 18 approximately ninety-one percent (91%) of the official boundary line between Alamance 19 County and Orange County as shown in Exhibit "A" attached hereto is hereby formally 20 recognized and adopted by the North Carolina General Assembly. 21 SECTION 12. This act becomes effective when r~ti t i ea. 22 23 5 Exhibit B BILL DRAFT 2011 1 AN ACT TO AUTHORIZE ALAMANCE COUNTY AND .ORANGE COUNTY TO 2 RECOMMEND. THE LOCATION OF NINE PERCENT (9%) OF THE COMMON 3 BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY 4 SUBSEQUENT TO THE 2010/2011 RESURVEY OF THE HISTORIC ORANGE COUNTY 5 ALAMANCE COUNTY BOUNDARY LINE AS DESCRIBED IN THE 1849 SURVEY 6 ESTABLISHING ALAMANCE COUNTY 7 The General Assembly of North Carolina enacts: 8 SECTION 1. The historic boundary line forming Alamance County from Orange 9 County was described and surveyed in 1849. In the subsequent 160 years, this line became 10 uncertain resulting in unintentional modifications ~to the boundary line affecting taxation, 11 school attendance, zoning maps, and elections, within and among Alamance County, Orange 12 County and the Town of Mebane, North Carolina. Pursuant to NC Gen. Stat.153A-18(a) 13 entitled `Uncertain or Disputed Boundary', both county commissions passed resolutions 14 (Alamance County, December 17, 2007 and Orange County, January 18, 2008) to request that 15 North Carolina Geodefic Survey (NCGS) perform a preliminary re-survey and present a 16 • proposed map for consideration by both counties. 17 SECTION 2. The Alamance County Board of Commussioners agreed, by vote on April 18 21, 2008 and Orange Cotmty on May 20, 2008 to approve authorizing NCGS to conduct the -;: 19 .preliminary survey and.the' placing of monuments by NCGS consistent with their research to 20 form a boundary baseline. On 7y 8, 2010 the North Carolina General Assembly enacted 21 Session Law 2010-61, which enabled Alamance County and Orange County to transition 22 properties between the two' counties fc~r the purpose of recommending to the North Carolina 23 General A.S~sembly a mutually agreed upon boundary line between the two counties. 24 ;SECTION 3.;; Followin~~ an extended process pursuant to the terms of Session Law 25 2010 `6l~ Alamance County and Change County have agreed upon and have recommended the 26 North Carolina General Assembh~, tluough separate Local Act, establish and adopt ninety-one 27 percent (91 %) of the boundary line separating Alamance County and Orange County. 28 SECTION 4. The Alanance County and Orange County Boazds of Commissioners 29 require further time to_determme the most appropriate location of the final nine percent (9%) of 30 the boundary line separating Alamance County and Orange County in order to make a final 31 ,recommendation to the North Carolina General Assembly. A description of the nine percent 32 (9%) azea is attached as Exhibit A to this Act. 33 SECTION 5. The Alamance County and Orange County Boazds of Commissioners are 34 authorized to review the remaining nine percent (9%) of the boundary separating the two 35 counties and shall determine, in their discretion, the most appropriate location for a boundary 10 11 1 line separating the two counties along the remaining nine percent (9%) of the boundary area_ 2 The Boards of Commissioners shall. make the determination of the most appropriate location 3 for a boundary line on or before October 31, 2011. 4 SECTION 5 (a). Alamance County and Orange County shall cause areas within the 5 ~ nine percent (9%) of the boundary area to be surveyed for purposes of locating a boundary line. 6 The counties shall not be responsible for the costs of such surveys where owners of property 7 located within the remaining nine percent (9%) of the boundary area request their property, or 8 any portion thereof, be located within a specific county. All such surveys shall be completed 9 by January 31, 2012. 10 SECTION 5 (b). The Alamance County and Orange County Boards of Commissioners 11 shall, during the 2012 short session, submit a recommendation in the form of a local bill to the 12 North Carolina General Assembly for the location of a final boundary line along the remaining 13 nine percent (9%) of the area separating the two counties. 14 SECTION 5 (c}. All owners of property within the remaining nine percent (9%) of the 15 boundary area shall be notified in writing via United States Mail First Class not less than 30 16 days prior to a public hearing to be conducted 17 SECTION 5 (b). Any such owners of property shall have the right to address the 18 Alamance County and Orange County Boards of Commissioners regarding the status of their 19 property located within the nine percent (9%) area, as that status relates to the Alamance 20 County Orange County boundary, at any regularly scheduled Regular Public Meeting, at which 21 public comment is traditionally accepted, of the Alamance County Board of Commissioners or 22 the Orange County Board of Commissioners. 23 SECTION 6. Any. child who was a resident of any area reassigned by this act on its 24 date of ratification and who was a student in the Orange or Alamance school system during the 25 2009-2010 or 2010-2011 or 2011-2012 school year, and the siblings of any such person, may 26 attend school in the same school system as their siblings without necessity of a release or 27 payment of tuition. Any such student, while attending the Orange County school system, shall 28 be considered a resident of Orange County for all public school purposes, including 29 transportation, athletics, and funding formulas. Any such student, while attending the 30 Alamance County School system, shall be considered a resident of Alamance County for all 31 public school purposes, including transportation, athletics and funding formulas. Notice must 32 be given to all affected school systems by the parent or guardian in order to exercise the 33 privilege granted by this section. 34 SECTION 6 (a). The Alamance County Board of Education shall cooperate with the 35 Orange County Board of Education, on behalf of residents that have students affected by this 36 Act to ensure that a transition is made that provides students and their siblings with a choice to 37 remain in their current school system until graduation from high school for so long as they 3 8 reside in the residence affected by this Act. 39 SECTION 7. The establishment of a county boundary line is, pursuant to Article VII 40 Section 1 of the North Carolina Constitution, the sole responsibility of the North Carolina 41 General assembly. Further, it is vital to the State of North Carolina and all affected local 42 governments that county boundary lines be fixed and any uncertainty. as to the location of 43 county boundary lines be resolved. For this reason- and in the interest of justice neither 44 Alamance County nor Orange County, nor any agent, employee, or appointed or elected 45 official, shall be liable to any individual, group, organization, for profit or not for profit 46 business entity of any kind, governmental entity or agency of any type or kind, for any 47 damages, costs, fees or fines, and no court action shall be maintained against said counties, 48 agents, employees, or officials, for any recommendation, act, failure to act, or conduct related 49 to SL 2010-61, any pending Local Bill, which subsequently becomes law, related to the 50 location of the Alamance County Orange County Boundary Line, this Act, or the adoption of a 51 fixed boundary line separating the two counties. Effective upon ratification of this Act, 2 1 Alamance County and Orange County, their officials, employees and agents, aze released from 2 all liability for any claims made, and no court action shall be maintained against said counties, 3 officials, employees and agents, for any act or failure to act pursuant to the terms of this Act or 4 SL 2010-61 and no further relief shall be granted or cause of action sustained except as 5 provided herein. 6 SECTION 8. Pending the establishment of a final boundary line sepazating Alamance 7 County and Orange County the two counties shall maintain, in the nine percent (9%) boundary 8 area, the currently recognized boundary. line for all governmental purposes including, but not 9 limited to, taxation, elections, emergency services, zoning and education. 10 SECTION 9. This Act becomes effective when ratified. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 12 3