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Agenda - 03-01-2005-8b
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Agenda - 03-01-2005-8b
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Last modified
9/2/2008 1:59:45 AM
Creation date
8/29/2008 10:08:35 AM
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BOCC
Date
3/1/2005
Document Type
Agenda
Agenda Item
8b
Document Relationships
RES-2005-014 Orange County's 2005 Legislative Agenda
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2005
RES-2005-015 Orange County's 2005 Legislative Agenda
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2005
RES-2005-016 Orange County's 2005 Legislative Agenda
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2005
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5 <br />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, 'I-a-t~r3s-end, the <br />~ ~' ^~ a f ~. _ ' s-It is the <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 th <br />exercise of such additional or supplementary .powers shall <br />not be contrary to State or federal law or to the public <br />licy of this State. <br />Except where spe <br />s, 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 />
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