GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H 1
HOUSE BILL 1958
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Short Title: No Taxes Until Annexation Services Provided. |
(Public) |
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Sponsors: |
Representatives Dollar, Brown, Pate (Primary Sponsors); Cleveland and Langdon. |
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Referred to: |
Rules, Calendar, and Operations of the House. |
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May 8, 2007
A BILL TO BE ENTITLED
AN ACT to provide that after an involuntary annexation, no property taxes may be levied until certain basic services are provided, and that no WATER and SEWER assessments may be levied until the municipal government is PREPARED to PROVIDE those SERVICES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A‑49(l) read as rewritten:
"(l) If Until a city fails to
deliver provides water distribution, sewage collection, police
protection, fire protection, and solid waste or street maintenance collection
services to a property annexed under this Part, it may neither levy nor
collect ad valorem taxes on that property. as provided for in G.S. 160A‑47(3)a.
within 60 days after the effective date of the annexation, the owner of the
property may petition the Local Government Commission for abatement of taxes to
be paid to the city for taxes that have been levied as of the end of the 60‑day
period, if the petition is filed not more than 90 days after the expiration of
the 60‑day period. If the Local Government Commission finds that services
were not extended by the end of the 60‑day period, it shall enter an
order directing the city not to levy any further ad valorem taxes on the
property until the fiscal year commencing after extension of the municipal
services."
SECTION 2. G.S. 160A‑49(k) is repealed.
SECTION 3. G.S. 160A‑37(k) reads as rewritten:
"(k) If Until a city fails to
deliver provides water distribution, sewage collection, police
protection, fire protection, and solid waste or street maintenance collection
services to a property annexed under this Part, it may neither levy nor
collect ad valorem taxes on that property. as provided for in G.S. 160A‑35(3)a.
within 60 days after the effective date of the annexation, the owner of the
property may petition the Local Government Commission for abatement of taxes to
be paid to the city for taxes that have been levied as of the end of the 60‑day
period, if the petition is filed not more than 90 days after the expiration of
the 60‑day period. If the Local Government Commission finds that services
were not extended by the end of the 60‑day period, it shall enter an
order directing the city not to levy any further ad valorem taxes on the
property until the fiscal year commencing after extension of the municipal
services."
SECTION 4. G.S. 160A‑237 reads as rewritten:
"§ 160A‑237. Authority to hold water and sewer assessments in abeyance.
The assessment resolution may provide that assessments levied under this Article for water or sewer improvements be held in abeyance without interest until improvements on the assessed property are actually connected to the water or sewer system for which the assessment was levied, or a date certain not more than 10 years from the date of confirmation of the assessment roll, whichever event first occurs. The assessment resolution shall provide that assessments levied under this Article for water or sewer improvements be held in abeyance without interest until the water or sewer system is available for connection to the property on which the assessment was levied. Upon termination of the period of abeyance, the assessment shall be paid in accordance with the terms set out in the assessment resolution. If assessments are to be held in abeyance, the assessment resolution shall classify the property assessed according to general land use, location with respect to the water or sewer system, or other relevant factors, and shall provide that the period of abeyance shall be the same for all assessed property in the same class.
All statutes of limitations are suspended during the time that any assessment is held in abeyance without interest."
SECTION 5. This act becomes effective July 1, 2007.