TO:                  Mayor and Town Council


FROM:            W. Calvin Horton, Town Manager


SUBJECT:       Avalon Park Annexation Ordinance


DATE:             November 10 , 2003



The attached ordinance would annex the subdivision Avalon Park into the town limits of Chapel Hill, effective December 31, 2003.




The Town received a voluntary annexation petition from Accord Contractors and Developers dated June 25, 2003, for the site of the approved Avalon Park subdivision.


The property is located east of the intersection of Homestead and High School Roads, across from Chapel Hill High School (see Map). On January 17, 2003, the Town Council approved the subdivision of this land for a project named Avalon Park. The subdivision consists of 10 single family lots.


The Town Clerk has certified that the petition is sufficient, and we believe that it meets all the requirements under North Carolina Statutes (G.S. 160A-31).




A public hearing was held on October 20, 2003. No issues were raised at the public hearing regarding the annexation area.


In accordance with State statutes, this area meets the tests for a voluntary annexation. The property lies inside the Town’s urban services area. It is contiguous to the primary town limits and is to be connected to existing water and sewer lines.


No town services are currently provided to this property. Water and sewer lines will be extended by the developer during construction.


We believe that municipal services can be provided with existing personnel and equipment.


The approximate 2004-2005 property tax revenue for Avalon Park in an undeveloped state is $960. As the subdivision is built and occupied, this subdivision is expected to generate about $13,525 per year in revenue, including $9,500 in property tax, $3,500 in annual sales tax, and $525 in Powell Bill revenue.  


For the 2004-2005 fiscal year assuming development of the subdivision is completed in 2004, the annual service costs are estimated to be less than $1,000 per year, including $500 for sanitation and $420 for street lighting, resulting in net estimated revenue of over $12,000 per year.


In accordance with G.S. 160A-31.1 we have calculated that an annual payment to the New Hope Volunteer Fire Department which currently serves the area will not be required for existing annual debt service.  A payment is only required if  the proportional amount per year exceeds $100, in this case the assessed value of the annexed portion of the current district represents less than 0.0004 percent of the entire district which is equal to approximately $30 per year.


The proposed effective date of annexation is December 31 , 2003.




We recommend that the Council adopt the attached annexation ordinance for Avalon Park.




1.               Memorandum to Council of October 20, 2003 (p. 5).





1.         “Annexation Petition Area” (p. 7).






WHEREAS, the Council of the Town of Chapel Hill has been petitioned by Accord Contractors and Developers under G.S. 160A-31, as amended to annex the area described herein; and


WHEREAS, the Town Clerk has certified the sufficiency of said petition and a public hearing on the question of this annexation was held at the Chapel Hill Municipal Building, 306 North Columbia Street, Chapel Hill, N.C., 27516 at 7:00 p.m. on October 20, 2003 after due notice by publication on October 5, and October 12, 2003; and


WHEREAS, the Council does hereby find as a fact the petition meets the requirements of G.S. 160A-31, as amended; and


WHEREAS, the Council further finds that the public health, safety and welfare of the Town and of the territory proposed for annexation will be best served by annexing the territory described herein.


NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill:




By virtue of the authority granted by G.S. 160A-31, as amended, the following described territory is hereby annexed and made a part of the Town of Chapel Hill as of December 31 st 2003:


The parcel of land 4.646 acres located west of the intersection of Homestead and High School Roads, being all of Lot 3 as shown on plat survey by Jack R. Thomason, PLS, entitled  “Recombination Plat for Lots 1A, 1B, 2,3”, dated 10/05/98 and recorded in Plat Book 83, Page 122, Orange County Registry. Tax Map 7.109..9P, and as shown on the Map accompanying the Manager’s Memorandum to Council of November 10, 2003.




Upon and after 11:59 p.m. December 31st 2003, the effective date of this annexation, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Chapel Hill and shall be entitled to the same privileges and benefits as other parts of the Town of Chapel Hill. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10.




The Manager of the Town of Chapel Hill shall cause to be recorded in the office of the Resister of Deeds of Orange County, and in the office of the Secretary of State at Raleigh North Carolina,

an accurate map of the annexed territory, described in Section I above, together with a duly certified copy of the ordinance. Such map shall be delivered to the Orange County Board of Elections, as required by G.S. 163-288.1.




The Manager of the Town of Chapel Hill shall cause such payments as may be required to be made to the volunteer fire department priorly serving the annexed territory,  described in Section I hereof, in accord with G.S. 160A-31.1.


This the 10th day of November, 2003.