Agenda - 03-16-1999 - 10a - Laserfiche WebLink

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Full Text ~f House Bill 1361 pr p~ 12 ~ ~ hripJ/www.ncga.state.nc.us/htrn119T:/Yd~~~oi7~se/hbi11361.full.html GENERAL ASSEMBLY OF NORTH CAROLINA ATTACHMENT 5 SESSION 1997 SESSION LAW 1998-150 HOUSE BILL 1361 ~ Fiscal Info. AN ACT TO REVISE THE MJNICI[AL ANNEXATION LAMB AND TO CEANGE T$E CRITERIA TO 8E CONSIDERED SY THE JOINT LEGISLATIVE CCIMISSION ON NONICIYAL INCORP0R11TIONS . Tha General Assubly of North Carolina enacts: Section 1. G.S. 105-277.IIb1 raada as rewritten: •Ibl Appraisal at Yruent-use Value. -- IIpon receipt oL a properly executed application, the assessor shall appraise the property at Lts present-use value as established in the aehadule prepared pursuant to G.S. 105-317. Ia appraising ehs property at its present-use value, the assessor shall appraise the impzovamentt located on qualifying land according to the schedules sad standards used in appraising other similar improvements in the county. It all or nay part of a qualifying tract of land is located within ehs limits of an incorporated city or town, or Ss property annsxtd subject to G.S. 160A-37(11)or G.S. 160A-19(tl), ehs assessor shall lurnish a Dopy of the property record showing both the presaot-uas appraisal and the valuation upon which the property would have bane faxed Sa the abeeaee of this classlLlcation to the collector of the city or town. sa shall also notlly the tax collector o! any changaa in Cha appraisals or in tba eligibility oL tba propasty !or the beaalit of this classitlcation. Opon • zegnut for a certiticatlon pursuant to G.S. 160A-37(tl) or G.5.160A-19 fi1), or any ehanya Sn the certiliea tlon, the asssaaor for the county where the land subject to the amaxation is located shall, within 30 days, determine it the land asesta ebe requlremants of G.S. 160A-37(tl!(2) or G.S. ISOA-/9(12)(2) and report the results of its tindings to the city.' Section 2. G.S. 120-166 reads as rewritten: `4 120- 166. Additional oriteria; aearaaaa Lo another munioipali ty. la) The Commission may not make a positive raeammeadation if the proposed municipality !s located within one mile of a aunleipality oL 5,000 Co 9,999, within three miles o! a nuaieipality o! 10,000 to 21,999, within Lour miles o! a municipality of 25,000 to 19,999, or within five miles o! a municipality of 50,000 or over, according to the most recent decennial federal census, oz according to the cost meant annual estimate o! the Office of State Sudgst and Naaagewnt if the municipality was incorporated sines the raturo of that eaasw. (b) Subsection la) of this saetion does noL apply Sa the ease o! proximity to a specific municipality if: (1) The proposed municipality is entirely oa as Sslaad that the nearby city is not oat 12) Tde proposed aunicipality is separated by a suior river or other natural barrier lrom the nearby city, such [hat provision o! municipal services by the nearby city to theproposad municipality U infeasible or the cost is prohibitive, and the Commission shall adopt policies to implement this subdivlaionr (3) The aunielpalities within [hs dlatanees described in subsection fa) of CAis section by resolution smreesoas-iN oxprosa their approval of the ineorporatioai or U) An area o! at leaf Hfty percent 1501) of the proposed municipality has petitioned,tot taauatlon to the naazby city under G.S. 160A- 31 within the ptevions 12 months betose ebe incorporation petition is subaitted to the Conalasioa bat the anaexatioa petition wan not approved.' Section 3. Article 20 of Chapter 120 La aaended by adding a saw saetion to zaad: •4 220-169.2. Additional oziterlat level o! davelepsnat, sarviaes. (a) Level of Development. -- The Ca~laslon nay not sake • poslttve reeaa®sadstion nnlesa the antis area proposed for ineerporatton accts the applicable criteria for developaant Hadar G.S. 160A-36(e) or G.S. 2 60A-Id (e) . (b) Services. -- The Commission say not aahs s positive rscoamendatloa unless the •zea to be Sneorperated anbsLLts a plan for prevldleq s reaaenable level of aronieipal servieea. To sroet Lhe zsgairesenes of this subsection, the persons anbaitelnq the plan for tace:poration lust propose to provide at lust two of the tollowtnq 1 of 16 - 2/11/99 1:38 PM