MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Annexation Ordinance for Area 2 (UNC Property in Durham County)
DATE: April 10, 2000
The attached ordinance would annex Area 2 effective at 11:59 p.m. on June 30, 2000. Annexation Area 2 is located south east of the present Town limits. This area consists of University of North Carolina property in Durham County. This area also includes the right-of-way for a 2100-foot section of Barbee Chapel Road. This land and right-of-way are on Chapel Hill’s side of the 1986 Durham/Chapel Hill Consent Judgment Annexation Boundary Line, as modified on August 19, 1994. A map showing Area 2 is attached. The attached resolution would amend the Service Report for Annexation Area 2, Appendix E, Page 5. (Please see Attachment 2).
BACKGROUND
In accordance with State laws on annexation, the Town Council has taken the following actions in considering the proposed annexation area:
December 7, 1998 Adopted a resolution designating this area and other
areas as being under consideration for future annexation.
January 10, 2000 Adopted a resolution of intent to consider annexing
this area and called a public hearing for March 20, 2000.
January 31, 2000 Approved a report setting forth plans for extending and financing
municipal services to this area on substantially the same basis and
in the same manner as for the rest of the Town. The service plans
are prepared in accord with State annexation laws (G.S. 160A-47
and other sections).
March 20, 2000 Public hearing to receive comments from residents and owners of property in the annexation area and from residents in the present Town limits.
Under annexation laws, the Council may adopt an annexation ordinance between 10 and 90 days after a public hearing. The annexation may go into effect between 70 and 400 days after adoption of the ordinance.
COMMENTS AT PUBLIC HEARING
A representative for the University of North Carolina spoke at the public hearing on this proposed annexation area objecting to the annexation on behalf of the property owner of Annexation Area 2. The representative stated that there are no current plans to develop the area to a higher intensity, and the property owner would not benefit from Town services. We offer the following response:
Staff Response: The Council’s general policy has been to annex areas when they qualify under State law and the Town can practically extend and finance municipal services to the qualifying areas. Reasons to move forward with annexation at this time include:
· Currently, Town of Chapel Hill zoning is not in effect in Annexation Area 2. This area lies in Durham County and presently has Durham County zoning. Town zoning must be adopted within 60 days of the effective date of annexation, or the area will have no zoning regulations in place. Placing Town zoning on the area will enhance the Town's ability to implement its long range planning goals as outlined in the Comprehensive Plan.
· Annexation of this area will logically complete the eastern boundary of the Town of Chapel Hill by incorporating the only remaining area within the Town's urban service boundary that is outside current city limits.
· The Town Council sought voluntary annexation by petition in 1995, and no response has been received from the University to that request.
· Revisions in the state annexation laws, effective November 1, 1998, enable the Town to move forward with a town-initiated annexation of this area. Because the annexation area is used for institutional purposes, it qualifies for annexation as an area developed for urban purposes under G.S. 160A-48(c)(5).
· No major water or sewer line extensions are needed into the annexation area in order to meet legal requirements.
· All major municipal services will be provided to the annexation area in accordance with General Statute 160A-47. On the effective date of annexation, the Town of Chapel Hill will provide each major municipal service on substantially the same basis and in the same manner as such services are provided within the rest of the Town immediately before annexation.
AMENDMENT TO SERVICE REPORT
We are proposing to amend page 5 of Appendix E from the Service Report for Area 2 which was approved by the Council on January 31, 2000 (Attachment 2). Minor changes were made to correctly reflect the tax exempt status of this area, the current Franchise Tax and Sales Tax rates, as well as the Powell Bill Revenue rates. Tonight we propose the Council adopt a resolution amending this Service Report.
NEXT STEPS
If the attached annexation ordinance is adopted, Annexation Area 2 will receive the same level of service from the Chapel Hill Fire Department as the rest of the Town. Also, in accordance with North Carolina General Statute 160A-49.2, the Durham Parkwood Volunteer Fire Department, which currently serves this area, has requested a First Responder Agreement with the Town of Chapel Hill in order to delay their loss of fire tax revenue from this area. The agreement will guarantee that both the municipal and volunteer fire departments will respond to fire emergencies in Area 2, once annexed, for five years. After five years, response will be only from the municipal fire department. Both departments will receive notice of emergencies at the same time. Primary responsibility for the area will rest with the Chapel Hill Fire Department.
Town departments would be notified to make plans to begin serving the annexation area upon the effective date of annexation. In addition, the annexation ordinance and map would be recorded with the Durham County Register of Deeds and the North Carolina Secretary of State.
Finally, about one week before the effective date of annexation, information about Town services would be distributed to area residents.
CONCLUSION
The Town is committed to providing services to annexation areas on the same basis as in the rest of the Town.
Manager's Recommendation: That the Council adopt the attached resolution amending the service report and adopt the attached annexation ordinance.
ATTACHMENTS
1. Map of Annexation Area 2.
2. Revised Page 5, Appendix E - Service Report for Annexation Area 2.
A RESOLUTION AMENDING PAGE 5, APPENDIX E OF THE REPORT FOR EXTENDING MAJOR MUNICIPAL SERVICES TO ANNEXATION AREA 2
(2000-04-10/R-15)
WHEREAS, the Council of the Town of Chapel Hill approved the report setting forth the plan for extending and financing services to that certain proposed annexation Area 2 (UNC Staff/Faculty Club) as described in the Council’s resolution (2000-1-10/R-4); which report was approved by the Council on January 31, 2000 (2000-1-31/R-10); and
WHEREAS, in accord with G.S. 160A-49(e), minor changes have been made to page 5, Appendix E (Estimated Costs and Revenues) of the service report to correctly reflect the current tax exempt status of this area, the current Franchise Tax and Sales Tax rates, as well as the Powell Bill Revenue rates;
NOW, THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the above described changes to the report for extending and financing services to that certain proposed annexation Area 2 (UNC Staff/Faculty Club) which report was approved by the Council on January 31, 2000.
This is the 10th day of April, 2000.
ANNEXATION AREA 2
AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF CHAPEL HILL, UNDER THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA (2000-04-10/O-3)
WHEREAS, all of the prerequisites to adoption of this ordinance prescribed in Part 3, Article 4A, Chapter 160A of the General Statutes of North Carolina, have been met; and
WHEREAS, the Council of the Town of Chapel Hill has taken into full consideration the statements presented at the public hearing held on the 20th day of March, 2000, on the question of this annexation; and
WHEREAS, the Council of the Town of Chapel Hill has concluded and hereby declares that annexation of the area described herein is necessary to the orderly growth and development of the Town of Chapel Hill;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
SECTION I
From and after 11:59 p.m. on the 30th day of June, 2000, the effective date of this annexation, the following territory shall be annexed to and become a part of the Town of Chapel Hill, and the corporate limits of the Town of Chapel Hill shall on said 30th day of June, 2000, be extended to include said territory more particularly described as follows:
Annexation Area 2: This area is located southeast of the present Town limits in Durham County. This area consists of University of North Carolina property in Durham County. This area also includes the right-of-way for a 2100-foot section of Barbee Chapel Road. This land and right-of-way are on Chapel Hill’s side of the 1986 Durham/Chapel Hill Consent Judgment Annexation Boundary Line, as modified on August 19, 1994. This area is further described as:
All that certain tract or parcel of land lying, situated and being in Triangle Township, Durham County, North Carolina, being more particularly described as follows:
BEGINNING at a point of the northeastern right-of-way of Barbee Chapel Hill (SR 1110) at the current Chapel Hill City Limits Line; said point also being the northwestern most corner of the N/F C.T. Springs Limited Partnership Property (DB 2270, Pg. 704); thence with the northeastern right-of-way limits of Barbee Chapel Road (See PB 137, Pg. 149) Durham County Registrars Office) in a southeasterly direction to a point, said point being the southeastern most corner of the N/F Anne L. Abernathy lot (DB 230, Pg. 561); thence crossing Barbee Chapel Road right-of-way in a southwesterly direction to the northeastern most corner of the N/F UNC Faculty Club Property (DB 372, Pg. 255 and DB 439, Pg. 90) said point also being the northwestern most corner of the N/F Gattis Property (DB 259, Pg. 131); thence leaving said right-of-way and with the eastern property line of the UNC tract in a southerly direction (See DB 1124, Pg. 323-325) to the southeastern most corner of said UNC Property, said point also begin the northeastern most corner of the N/F Mary Few Property (DB 146, Pg. 33); thence in a westerly direction with the common line of the UNC, Few, and N/F Kendrick Estates Investment Corp. Property (DB 439, Pg. 594-607) (See Tax Map 495 Durham County) to the northwestern most corner of said Kendrick Property; thence with a new line (not a property line) again in a westerly direction and being on the same course/bearing as the previous UNC/Kendrick line to the Orange/Durham County Line; thence with the county line in a northerly direction to the midpoint of Morgan Creek, said point being on the existing corporate limit line; thence with the existing corporate limit line/county line in a northerly direction to the southern property line of Finley Forest (see PB 40, Pg. 65); thence with the common line of UNC and the southern property line of aforementioned Finley Forest Subdivision in a easterly direction to Finley Forest’s southeastern most corner; thence with the UNC/Finley Forest Line in a northerly direction to the southern right-of-way of Barbee Chapel Road (See PB 40, Pg 65 Orange County Registrars Office); thence crossing Barbee Chapel Road right-of-way in a northeasterly direction to the point and place of the beginning.
SECTION II
The Council of the Town of Chapel Hill does hereby specifically find and declare that the above described territory meets the requirements of G.S. 160A-48, in that:
1. The area is contiguous to the Town limits.
2. Over one-eighth (12.5%) of the aggregate external boundary of the area under consideration coincides with the existing Town limits. The boundary of the total area to be annexed has 11,209 linear feet, of which 3,524 feet abut the present Town primary corporate limits. Thus, 31% of the boundary of the annexation area is contiguous to the present Town primary corporate limits.
3. None of the area is within the boundary of an incorporated municipality.
4. Recorded property lines and streets have been used in fixing the proposed municipal boundaries resulting from this annexation.
5. The tract in the area to be annexed is used for institutional purposes. Therefore, Area 2 qualifies for annexation as an area developed for urban purposes under G.S. 160A-48(c)(5).
SECTION III
It is the purpose and intent of the Town of Chapel Hill to provide services to the area being annexed under this ordinance, as set forth in the report of plans for services approved by the Council of the Town of Chapel Hill on the 31st day of January, 2000, and filed in the office of the Clerk for public inspection.
Such services will include:
1. Refuse collection as described in said report.
2. Maintenance and repair of any publicly-maintained streets or streets that are built or improved to Town of Chapel Hill standards for acceptance into the Town-maintained street system, and other street maintenance services as described in the report.
3. Police protection as described in the report.
4. Fire protection, including suppression, preventive inspections, and code enforcement as described in the report.
5. Extension of water and sewer lines under financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill, as described in the report.
6. Parks and recreation, library, housing and construction code enforcement, zoning and planning, public transportation and other services as described more fully in the report.
SECTION IV
The Council of the Town of Chapel Hill does hereby specifically find and declare that public water trunk lines and sewer outfall lines are already extended into the annexation area, and no requests for water and sewer extensions, in the annexation area have been received under G.S. 160A-47, so that no additional extensions of water or sewer extensions will be necessary under G.S. 160A-47 on the effective date of annexation as prescribed in Section I above. Property owners may have public water and sewer lines extended within the annexation area in accord with extension and financing policies of the Orange Water and Sewer Authority (OWASA) and the Town of Chapel Hill.
SECTION V
From and after the effective date of this annexation, the territory annexed 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.
The newly annexed territory described hereinabove shall be subject to the Town of Chapel Hill taxes according to G.S. 160A-58.10.
SECTION VII
The Mayor of the Town of Chapel Hill shall cause an accurate map of the annexed territory described in Section I hereof, together with a duly certified copy of this ordinance, to be recorded in the Office of the Register of Deeds of Durham County, and in the Office of the Secretary of State in Raleigh. Such a map shall also be delivered to the Durham County Board of Elections as required by G.S. 163-288.1.
This is the 10th day of April, 2000.