Agenda #4c

memorandum

to:                  Mayor and Town Council

from:            Ralph D. Karpinos, Town Attorney

subject:      Implementation of Recently Enacted Legislation

date:            September 27, 2006

 

 

The attached resolution would authorize the Manager to prepare a recommendation regarding the implementation of recently enacted legislative authority to allow the Town to accept contributions toward public transportation improvements as part of new development.

BACKGROUND

During the 2006 “Short Session” of the North Carolina General Assembly, three legislative requests of the Town were enacted into law:

  1. A request to legislatively annex to the Town an area of right of way along the Town’s border with Durham.
  2. A request to delete a term limit provision for the office of the Mayor which was contrary to the State Constitution.
  3. A request to allow the Town to accept payments from development applicants for enhancement of public transportation in lieu of construction of roadway improvements.

The annexation and term limit changes require no further Council action.  However, Town policies and provisions of the Town’s Land Use Management Ordinance may need adjustment in order for the Council to be able use the new authority regarding contributions to public transportation. 

RECOMMENDATION

We recommend that the Council adopt the attached resolution to authorize the Manager to review the implications of the new legislation on public transportation contributions and make recommendations to the Council to implement changes in order to exercise this new authority.

 

ATTACHMENT

  1. Session Law 2006-103 (p. 3).