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Planning Board - 120121
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Planning Board - 120121
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11/23/2021 2:17:32 PM
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12/1/2021
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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Planning Board minutes - 120121
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33 <br /> (d) Any offer by a city to a rural fire department which would compensate the rural fire department <br /> for revenue loss directly attributable to the annexation by paying such amount annually for five years, is <br /> deemed to be a good faith offer of consideration for the contract. <br /> (e) Under subsections (b), (c), or (d) of this section, if the good faith offer is for first responder <br /> service, an offer of one-half the calculated amount under those subsections is deemed to be a good faith <br /> offer. <br /> (f) This section does not obligate the city or rural fire department to enter into any contract. <br /> (g) The rural fire department may, if it feels that no good faith offer has been made, appeal to the <br /> Local Government Commission within 30 days following the passage of an annexation ordinance. The <br /> rural fire department may apply to the Local Government Commission for an order staying the operation <br /> of the annexation ordinance pending the outcome of the review. The Commission may grant or deny the <br /> stay in its discretion upon such terms as it deems proper, and it may permit annexation of any part of the <br /> area described in the ordinance concerning which no question for review has been raised, provided that <br /> no other appeal under G.S. 160A-58.60 is pending. <br /> (h) The Local Government Commission may affirm the ordinance, or if the Local Government <br /> Commission finds that no good faith offer has been made, it shall remand the ordinance to the municipal <br /> governing board for further proceedings, and the ordinance shall then not become effective unless the <br /> Local Government Commission finds that a good faith offer has been made. <br /> (i) Any party to the review under subsection (h) may obtain judicial review in accordance with <br /> Chapter 150B of the General Statutes. (1983, c. 636, s. 21; 1987, c. 827, s. 1; 2011-396, ss. 2, 9.) <br /> § 160A-58.58. Assumption of debt. <br /> (a) If the city has annexed any area which is served by a rural fire department and which is in an <br /> insurance district defined under G.S. 153A-233, a rural fire protection district under Article 3A of <br /> Chapter 69 of the General Statutes or a fire service district under Article 16 of Chapter 153A of the <br /> General Statutes, then upon the effective date of annexation if the city has not contracted with the rural <br /> fire department for fire protection, or when the rural fire department ceases to provide fire protection <br /> under contract, then the city shall pay annually a proportionate share of any payments due on any debt <br /> (including principal and interest) relating to facilities or equipment of the rural fire department, if the <br /> debt was existing at the time of adoption of the resolution of intent, with the payments in the same <br /> proportion that the assessed valuation of the area of the district annexed bears to the assessed valuation <br /> of the entire district on the date the annexation ordinance becomes effective or another date for valuation <br /> mutually agreed upon by the city and the fire department. <br /> (b) The city and rural fire department shall jointly present a payment schedule to the Local <br /> Government Commission for approval and no payment may be made until such schedule is <br /> approved. (1983, c. 636, s. 23; 1998-150, s. 16; 2011-396, s. 3.) <br /> § 160A-58.59. Contract with private solid waste collection firms. <br /> (a) If the area to be annexed described in a resolution of intent passed under G.S. 160A-58.55(c) <br /> includes an area where a firm (i) meets the requirements of subsection (b) of this section, (ii) on the <br /> ninetieth day preceding the date of adoption of the resolution of intent or resolution of consideration was <br /> providing solid waste collection services in the area to be annexed, (iii) on the date of adoption of the <br /> resolution of intent is still providing such services, and (iv) by reason of the annexation the firm's <br /> franchise with a county or arrangements with third parties for solid waste collection will be terminated, <br /> the city shall do one of the following: <br /> (1) Contract with the firm for a period of two years after the effective date of the annexation <br /> ordinance to allow the firm to provide collection services to the city in the area to be <br /> annexed for sums determined under subsection (f) of this section. <br />
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