AGENDA #4c(2)
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Resolution Identifying Areas Under Consideration for Possible Future Annexation
DATE: November 22, 2004
The attached resolution would identify areas under consideration for possible future annexation. The Town annually identifies areas under consideration as a regular part of its comprehensive annexation study process. Please see the attached map identifying these areas. This is Part A of a two-part item related to annexations on tonight’s agenda.
Adoption of the attached resolution would maintain the Council’s future ability to choose to conduct a Town-initiated annexation. Adoption of this resolution does not require that the Council pursue a Town-initiated annexation, however.
North Carolina State law regarding annexation includes a requirement that the Planning Board or the Town Council adopt a resolution identifying an area as being under consideration for annexation at least one year prior to adopting a resolution of intent to annex that area, if the annexation effective date is not to be delayed one year after adoption of an annexation ordinance. The resolution of consideration remains effective for two years. This requirement does not affect the Town’s ability to act on petitions for annexation.
For several years, the Council has declared its intent to consider for future annexation all of the land between the current Town Limits and the Urban Services Area boundary.
DISCUSSION
The Urban Services Boundary of the Town establishes the limits of the area to which urban services will be extended; we do not anticipate annexations beyond that line. We anticipate that the Council will annex all of the area within the Urban Services Boundary at such time as each increment of the area meets statutory standards and there is financial capacity to provide the services required upon annexation. (An accompanying report reviews the status of areas under general consideration for future annexation.)
Map 1 shows the area under consideration for future annexation as the balance of the land between Chapel Hill’s existing corporate limits and the Urban Services Boundary, as established by the Council.
We recommend the Council adopt the attached resolution identifying areas as being under consideration for annexation.
1. Map of Areas Under Consideration for Future Annexation, November 22 , 2004 (p. 5).
A RESOLUTION IDENTIFYING THE AREAS DESCRIBED WITHIN AS BEING UNDER CONSIDERATION FOR ANNEXATION (2004-11-22/R-4)
BE IT RESOLVED by the Council of the Town of Chapel Hill:
SECTION 1
That pursuant to G.S. 160A-49(i), the following described areas are identified as being under consideration for annexation by the Town of Chapel Hill, under provisions of Part 3, Article 4A of Chapter 160A of the General Statutes of North Carolina:
Generally, the unincorporated areas between Chapel Hill’s existing corporate limits and the Town’s Urban Services Boundary as identified on the 2000 Land Use Plan that was adopted by the Council on May 8, 2000.
The above-referenced areas are specifically shaded on the attached map (“Areas Under Consideration for Future Annexation – November 22, 2004”), which shall be incorporated into this resolution by reference, in accordance with N.C. General Statute 160A-49(i).
SECTION 2
That pursuant to G.S. 160A-49(i), persons subject to annexation by this Resolution of Consideration are hereby notified of their rights under North Carolina General Statute Subsections 160A-49(f1) and 160A-49(f2).
Subsections 160A-49(f1) and (f2) provide as follows:
(f1) Property Subject to Present-Use Value Appraisal. – If an area described in an annexation ordinance includes agricultural land, horticultural land, or forestland that on the effective date of annexation is:
(1) Land that is being taxed at present-use value pursuant to G.S. 105-277.4; or
(2) Land that:
a. Was on the date of the resolution of intent for annexation being used for actual production and is eligible for present-use value taxation under G.S. 105-277.4, but the land has not been in use for actual production for the required time under G.S. 105-277.3; and
b. The assessor for the county where the land subject to annexation is located has certified to the city that the land meets the requirements of this subdivision
the annexation becomes effective as to that property pursuant to subsection (f2) of this section.
(f2) Effective Date of Annexation for Certain Property. – Annexation of property subject to annexation under subsection (f1) of this section shall become effective:
(1) Upon the effective sate of the annexation ordinance, the property is considered part of the city only (i) for the purpose of establishing city boundaries for additional annexations pursuant to the Article and (ii) for the exercise of city authority pursuant to Article 19 of this Chapter.
(2) For all other purposes, the annexation becomes effective as to each tract of such property or part thereof on the last day of the month in which that tract or part thereof becomes ineligible for classification pursuant to G.S. 105-227.4 or no longer meets the requirements of subdivision (f1)(2) of this section. Until annexation of a tract or a part of a tract becomes effective pursuant to this subdivision, the tract or part of a tract is not subject to taxation by the city under Article 12 of Chapter 105 of the General Statutes nor is the tract or part of a tract entitled to services provided by the city.
SECTION 3
That a copy of this resolution shall be filed with the Town Clerk.
This the 22nd day of November, 2004.