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RES-2005-014 Orange County's 2005 Legislative Agenda
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RES-2005-014 Orange County's 2005 Legislative Agenda
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Last modified
6/9/2011 3:50:38 PM
Creation date
10/4/2010 1:22:30 PM
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BOCC
Date
3/1/2005
Meeting Type
Regular Meeting
Document Type
Resolution
Agenda Item
8b
Document Relationships
Agenda - 03-01-2005-8b
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\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 03-01-2005
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Exhibit C <br />A BILL TO BE ENTITLED <br />AN ACT TO CLARIFY <br />THE EXISTING DELEGATION OF AUTHORITY <br />TO COUNTIES AND TO CONFIRM FLEXIBILITY <br />IN THE EXECUTION OF THOSE DELEGATED AUTHORITIES <br />The General Assembly of North Carolina enacts: <br />SECTION 1. G.S. 153A-4 reads as rewritten: <br />~ 153A-4. Broad construction. <br />It is the policy of the General Assembly that the <br />counties of this State should have adequate authority to <br />exercise the powers, rights, duties, functions, privileges, <br />and immunities conferred upon them by law. T-e~e ^~-t-~i~ <br />p~e~o~s-rears ez t~-i~-~h~~~ ^ r ^ ~' ^-~l-e e-a~-a~c~t~ I t i s t h e <br />intention of the General Assembly that the rule of strict <br />construction known as Dillon's Rule shall not be applied to <br />interpretations of the scope of the delegations of <br />authority to counties. Rather all grants of authority to <br />counties shall be broadly construed and grants of power <br />shall be construed to include any additional and <br />.supplemental powers that are reasonably necessary or <br />expedient to the exercise of the power. Provided, that the <br />exercise of such additional or supplementary powers shall <br />not be contrary to State or federal law or to the public <br />policy of this State. <br />Except where specifically provided otherwise, in <br />carrying out their delegated powers, counties shall have <br />the authority and flexibility to adopt reasonable <br />definitions, procedures, rules, fee schedules, exceptions <br />and exemptions. <br />This section neither expands nor restricts the <br />authority to impose taxes pursuant to Article 7 of this <br />Chapter or to finance public enterprises pursuant to <br />Article 15 of this Chapter. This section neither expands <br />nor restricts the purposes for which regulations may be <br />adopted pursuant to Article 18 of this Chapter. <br />SECTION 2. G.S. 153A-124 reads as rewritten: <br />~ 153A-124. Enumeration not exclusive. <br />The enumeration in this Article or other portions of <br />this Chapter of specific powers to define, regulate, <br />prohibit, or abate acts, omissions, or conditions is not <br />exclusive, nor is it a limit on the general authority to <br />adopt. ordinances conferred on counties by G.S. 153A-121. <br />Where a county is authorized to regulate, restrict, or <br />5 <br />
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