GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 636

SENATE BILL 107

 

AN ACT TO REVISE THE ANNEXATION LAWS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 160A-49(a) through (c) are rewritten to read:

"(a)      Notice of Intent. Any municipal governing board desiring to annex territory under the provisions of this Part shall first pass a resolution stating the intent of the municipality to consider annexation. Such resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexation, the date for such public hearing to be not less than 45 days and not more than 90 days following passage of the resolution.

(b)       Notice of Public Hearing. The notice of public hearing shall:

(1)       Fix the date, hour and place of the public hearing.

(2)       Describe clearly the boundaries of the area under consideration, and include a legible map of the area.

(3)       State that the report required in G.S. 160A-47 will be available at the office of the municipal clerk at least 30 days prior to the date of the public hearing.

Such notice shall be given by publication in a newspaper having general circulation in the municipality once a week for at least two successive weeks prior to the date of the hearing. The period from the date of the first publication to the date of the last publication, both dates inclusive, shall be not less than eight days including Sundays, and the date of the last publication shall be not more than seven days preceding the date of public hearing. If there be no such newspaper, the municipality shall post the notice in at least five public places within the municipality and at least five public places in the area to be annexed for 30 days prior to the date of public hearing. In addition, notice shall be mailed at least four weeks prior to date of the hearing by first class mail, postage prepaid to the owners as shown by the tax records of the county of all freehold interests in real property located within the area to be annexed. The person or persons mailing such notices shall certify to the governing board that fact, and such certificate shall become a part of the record of the annexation proceeding and shall be deemed conclusive in the absence of fraud. If the notice is returned to the city by the postal service by the tenth day before the hearing, a copy of the notice shall be sent by certified mail, return receipt requested, at least seven days before the hearing. Failure to comply with the mailing requirements of this subsection shall not invalidate the annexation unless it is shown that the requirements were not substantially complied with. If the governing board by resolution finds that the tax records are not adequate to identify the owners of some or all of the parcels of real property within the area it may in lieu of the mail procedure as to those parcels where the owners could not be so identified, post the notice at least 30 days prior to the date of public hearing on all buildings on such parcels, and in at least five other places within the area to be annexed. In any case where notices are placed on property, the person placing the notices shall certify that fact to the governing board.

(c)       Action Prior to Hearing. At least 30 days before the date of the public hearing, the governing board shall approve the report provided for in G.S. 160A-47, and shall make it available to the public at the office of the municipal clerk. In addition, the municipality may prepare a summary of the full report for public distribution. In addition, the city shall post in the office of the city clerk, at least 30 days before the public hearing, a legible map of the area to be annexed and a list of persons holding freehold interests in property in the area to be annexed that it has identified."

Sec. 2.  G.S. 160A-37(a) through (c) are rewritten to read:

"(a)      Notice of Intent. Any municipal governing board desiring to annex territory under the provisions of this Part shall first pass a resolution stating the intent of the municipality to consider annexation. Such resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexation, the date for such public hearing to be not less than 45 days and not more than 90 days following passage of the resolution.

(b)       Notice of Public Hearing. The notice of public hearing shall:

(1)       Fix the date, hour and place of the public hearing.

(2)       Describe clearly the boundaries of the area under consideration, and include a legible map of the area.

(3)       State that the report required in G.S. 160A-35 will be available at the office of the municipal clerk at least 30 days prior to the date of the public hearing.

Such notice shall be given by publication in a newspaper having general circulation in the municipality once a week for at least two successive weeks prior to the date of the hearing. The period from the date of the first publication to the date of the last publication, both dates inclusive, shall be not less than eight days including Sundays, and the date of the last publication shall be not more than seven days preceding the date of public hearing. If there be no such newspaper, the municipality shall post the notice in at least five public places within the municipality and at least five public places in the area to be annexed for 30 days prior to the date of public hearing. In addition, notice shall be mailed at least four weeks prior to date of the hearing by first class mail, postage prepaid to the owners as shown by the tax records of the county of all freehold interests in real property located within the area to be annexed. The person or persons mailing such notices shall certify to the governing board that fact, and such certificate shall become a part of the record of the annexation proceeding and shall be deemed conclusive in the absence of fraud. If the notice is returned to the city by the postal service by the tenth day before the hearing, a copy of the notice shall be sent by certified mail, return receipt requested, at least seven days before the hearing. Failure to comply with the mailing requirement of this subsection shall not invalidate the annexation unless it is shown that the requirements were not substantially complied with.

If the governing board by resolution finds that the tax records are not adequate to identify the owners of some or all of the parcels of real property within the area it may in lieu of the mail procedure as to those parcels where the owners could not be so identified, post the notice at least 30 days prior to the date of public hearing on all buildings on such parcels, and in at least five other places within the area to be annexed. In any case where notices are placed on property, the person placing the notice shall certify that fact to the governing board.

(c)       Action Prior to Hearing. At least 30 days before the date of the public hearing, the governing board shall approve the report provided for in G.S. 160A-35, and shall make it available to the public at the office of the municipal clerk. In addition, the municipality may prepare a summary of the full report for public distribution. In addition, the city shall post in the office of the city clerk at least 30 days before the public hearing a legible map of the area to be annexed and a list of the persons holding freehold interests in property in the area to be annexed that it has identified."

Sec. 3.  G.S. 160A-49(e) is amended by adding the following immediately before the period at the end of the first sentence ", provided that if the annexation report is amended to show additional subsections of G.S. 160A-48(c) or (d) under which the annexation qualifies that were not listed in the original report, the city must hold an additional public hearing on the annexation not less than 30 nor more than 90 days after the date the report is amended, and notice of such new hearing shall be given at the first public hearing."

Sec. 4.  G.S. 160A-37(e) is amended in the second sentence by deleting "no sooner than the seventh day following the public hearing and not later than 60 days", and inserting in lieu thereof the words "no sooner than the tenth day following the public hearing and not later than 90 days".

Sec. 5.  G.S. 160A-49(e) is amended by deleting "no sooner than the seventh day following the public hearing and no later than 60 days", and inserting in lieu thereof the words "no sooner than the tenth day following the public hearing and not later than 90 days".

Sec. 6.  G.S. 160A-37(e)(4) and G.S. 160A-49(e)(4) are each rewritten to read:

"(4)      Fix the effective date for annexation. The effective date of annexation may be fixed for any date not less than 40 days nor more than 400 days from the date of passage of the ordinance."

Sec. 7.  G.S. 160A-47(1)b. is amended by adding the following new sentence at the end to read:

"The water and sewer map must bear the seal of a registered professional engineer."

Sec. 7.1.  G.S. 160A-35(1)b. is amended by adding the following new sentence at the end to read:

"The water and sewer map must bear the seal of a registered professional engineer or a licensed surveyor."

Sec. 8.  G.S. 160A-33(5) is amended by deleting the words "as soon as possible following annexation" and inserting in lieu thereof the words "in accordance with G.S. 160A-35(3)".

Sec. 9.  G.S. 160A-45(5) is amended by deleting the words "as soon as possible following annexation" and inserting in lieu thereof the words "in accordance with G.S. 160A-47(3)".

Sec. 10.  G.S. 160A-47(3)b. is amended by adding the following new sentence at the end:

"If requested by the owner of an occupied dwelling unit or an operating commercial or industrial property in writing on a form provided by the municipality, which form acknowledges that such extension or extensions will be made according to the current financial policies of the municipality for making such extensions, and if such form is received by the city clerk not less than 30 days before adoption of the annexation ordinance, provide for extension of water and sewer lines to the property or to a point on a public street or road right-of-way adjacent to the property according to the financial policies in effect in such municipality for extending water and sewer lines. If any such requests are timely made, the municipality shall at the time of adoption of the annexation ordinance amend its report and plan for services to reflect and accommodate such requests."

Sec. 11.  G.S. 160A-47(3)c. is rewritten to read:

"If extension of major trunk water mains, sewer outfall lines, sewer lines and water lines is necessary, set forth a proposed timetable for construction of such mains, outfalls and lines as soon as possible following the effective date of annexation. In any event, the plans shall call for construction to be completed within two years of the effective date of annexation."

Sec. 12.  G.S. 160A-49(e)(3) is amended by adding immediately after the word "outfalls" the words "and such water and sewer lines as required in G.S. 160A-47(3)(b)".

Sec. 13.  G.S. 160A-49(h) is amended:  (1) by inserting immediately after the citation "G.S. 160A-49(e)," the words "for any required service other than water and sewer services"; and (2) by rewriting the second paragraph to read:

"If, not earlier than 24 months from the effective date of the annexation, and not later than 27 months from the effective date of the annexation, any person owning property in the annexed area can show that the plans submitted under the provisions of G.S. 160A-47(3)c. require the construction of major trunk water mains and sewer outfall lines and if construction has not been completed within two years of the effective date of the annexation, relief may also be granted by the superior court by an order by the municipality to complete such lines and outfalls within a certain time. Similar relief may be granted by the superior court to any owner of property who made a timely request for a water or sewer line, or both, pursuant to G.S. 160A-47(3)b. and such lines have not been completed within two years from the effective date of annexation in accordance with applicable city policies and through no fault of the owner, if such owner petitions for such relief not earlier than 24 months following the effective date of annexation and not later than 27 months following the effective date of annexation."

Sec. 14.  G.S. 160A-49 is amended by adding a new subsection to read:

"(j)       If a valid request for extension of a water or sewer line has been made under G.S. 160A-47(3)b, and the extension is not complete at the end of two years after the effective date of the annexation ordinance, the owner of the property may petition the Local Government Commission for abatement of taxes to be paid to the city which have not been levied as of the expiration date of the two-year period, if such petition is filed not more than 60 days after the expiration of the two-year period. If the Local Government Commission finds that the extension to the property was not complete by the end of the two-year 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 completion of the extension. In addition, if the Local Government Commission found that the extension to the property was not completed by the end of the two-year period, and if it finds that for any fiscal year during the period beginning with the first day of the fiscal year in which the annexation ordinance became effective and ending the last day of the fiscal year in which the two-year period expired, the city made an appropriation for construction, operation or maintenance of a water or sewer system (other than payments the city made as a customer of the system) from the fund or funds for which ad valorem taxes are levied, then the Local Government Commission shall order the city to release or refund an amount of the petitioner's property taxes for that year in question in proportion to the percentage of appropriations in the fund made for water and sewer services. By way of illustration, if a net amount of one hundred thousand dollars ($100,000) was appropriated for water or sewer construction, operation or maintenance from a fund which had total expenditures of ten million dollars ($10,000,000) and the petitioner's tax levy was one thousand dollars ($1,000), the amount of release or refund shall be ten dollars ($10.00)."

Sec. 14.1.  G.S. 160A-50 is amended by adding a new subsection to read:

"(j)       If a petition for review is filed under subsection (a) of this section or an appeal is filed under G.S. 160A-49.1(g), and in either case a stay is granted, then the time periods of two years, 24 months or 27 months provided in G.S. 160A-47(3)c., 160A-49(h), or 160A-49(j) are each extended by the lesser of the length of the stay or one year for that annexation."

Sec. 15.  G.S. 160A-48(c)(2) is amended by deleting "sixty percent (60%)" the second time it appears and inserting in lieu thereof the words and figures "sixty-five percent (65%)".

Sec. 16.  G.S. 160A-35(3)a. is amended by adding the following new sentence immediately after the first sentence:

"A contract with a rural fire department to provide fire protection shall be an acceptable method of providing fire protection."

Sec. 17.  G.S. 160A-47(3)a. is amended by adding the following new sentence immediately following the first sentence:

"A contract with a rural fire department to provide fire protection shall be an acceptable method of providing fire protection."

Sec. 17.1.  G.S. 160A-1 is amended by adding a new subdivision to read:

"(8)      'Rural Fire Department' means, for the purpose of Articles 4A or 14 of this Chapter, a bona fide department which, as determined by the Commissioner of Insurance, is classified as not less than class '9' in accordance with rating methods, schedules, classifications, underwriting rules, bylaws or regulations effective or applied with respect to the establishment of rates or premiums used or charged pursuant to Article 12B or Article 13C of Chapter 58 of the General Statutes, and which operates fire apparatus and equipment of the value of five thousand dollars ($5,000) or more; but it does not include a municipal fire department."

Sec. 18.  G.S. 160A-35 is amended by adding a new subdivision to read:

"(4)      A statement of the impact of the annexation on any rural fire department providing service in the area to be annexed and a statement of the impact of the annexation on fire protection and fire insurance rates in the area to be annexed, if the area where service is provided is in an insurance district designated under G.S. 153A-233, a rural fire protection district under Article 3A of Chapter 69 of the General Statutes, or a fire service district under Article 16 of Chapter 153A of the General Statutes. The rural fire department shall make available to the city not later than 30 days following a written request from the city all information in its possession or control, including but not limited to operational, financial and budgetary information, necessary for preparation of a statement of impact."

Sec. 19.  G.S. 160A-47 is amended by adding a new subdivision to read:

"(4)      A statement of the impact of the annexation on any rural fire department providing service in the area to be annexed and a statement of the impact of the annexation on fire protection and fire insurance rates in the area to be annexed, if the area where service is provided is in an insurance district designated under G.S. 153A-233, a rural fire protection district under Article 3A of Chapter 69 of the General Statutes, or a fire service district under Article 16 of Chapter 153A of the General Statutes. The rural fire department shall make available to the city not later than 30 days following a written request from the city all information in its possession or control, including but not limited to operational, financial and budgetary information, necessary for preparation of a statement of impact."

Sec. 20.  Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A-37.1.  Contract with rural fire department. - (a) If the area to be annexed described in a resolution of intent passed under G.S. 160A-37(a) includes an area in an insurance district defined under G.S. 153A-233, a rural fire protection district under Article 3A of Chapter 69 of the General Statutes, or a fire service district under Article 16 of Chapter 153A of the General Statutes, and a rural fire department was on the date of adoption of the resolution of intent providing fire protection in the area to be annexed, then the city (if the rural fire department makes a written request for a good faith offer, and the request is signed by the chief officer of the fire department and delivered to the city clerk no later than 15 days before the public hearing) is required to make a good faith effort to negotiate a five-year contract with the rural fire department to provide fire protection in the area to be annexed.

(b)       If the area is a rural fire protection district or a fire service district, then an offer to pay annually for the term of the contract the amount of money that the tax rate in the district in effect on the date of adoption of the resolution of intent would generate based on property values on January 1 of each year in the area to be annexed which is in such a district is deemed to be a good faith offer of consideration for the contract.

(c)       If the area is an insurance district but not a rural fire protection district or fire service district, then an offer to pay annually over the term of the contract the amount of money which is determined to be the equivalent of the amount which would be generated by multiplying the fraction of the city's general fund budget in that current fiscal year which is proposed to be expended for fire protection times the tax rate for the city in the current year, and multiplying that result by the property valuation in the area to be annexed which is served by the rural fire department is deemed to be a good faith offer of consideration for the contract; provided that the payment shall not exceed the equivalent of fifteen cents (15c) on one hundred dollars ($100.00) valuation of annexed property in the district according to county valuations for the current fiscal year.

(d)       Any offer by a city to a rural fire department which would compensate the rural fire department for revenue loss directly attributable to the annexation by paying such annually for five years, is deemed to be a good faith offer of consideration for the contract.

(e)       Under subsections (b), (c), or (d) of this section, if the good faith offer is for first responder service, an offer of one- half the calculated amount under those subsections is deemed to be a good faith offer.

(f)        This section does not obligate the city or rural fire department to enter into any contract.

(g)       The rural fire department may, if it feels that no good faith offer has been made, appeal to the Local Government Commission within 30 days following the passage of an annexation ordinance. The rural fire department may apply to the Local Government Commission for an order staying the operation of the annexation ordinance pending the outcome of the review. The Commission may grant or deny the stay in its discretion upon such terms as it deems proper, and it may permit annexation of any part of the area described in the ordinance concerning which no question for review has been raised, provided that no other appeal under G.S. 160A-38 is pending.

(h)       The Local Government Commission may affirm the ordinance, or if the Local Government Commission finds that no good faith offer has been made, it shall remand the ordinance to the municipal governing board for further proceedings, and the ordinance shall then not become effective unless the Local Government Commission finds that a good faith offer has been made.

(i)        Any party to the review under subsection (h) may obtain judicial review in accordance with Chapter 150A of the General Statutes."

Sec. 21.  Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A-49.1.  Contract with rural fire department .- (a) If the area to be annexed described in a resolution of intent passed under G.S. 160A-49(a) includes an area in an insurance district defined under G.S. 153A-233, a rural fire protection district under Article 3A of Chapter 69 of the General Statutes, or a fire service district under Article 16 of Chapter 153A of the General Statutes, and a rural fire department was on the date of adoption of the resolution of intent providing fire protection in the area to be annexed, then the city (if the rural fire department makes a written request for a good faith offer, and the request is signed by the chief officer of the fire department and delivered to the city clerk no later than 15 days before the public hearing) is required to make a good faith effort to negotiate a five-year contract with the rural fire department to provide fire protection in the area to be annexed.

(b)       If the area is a rural fire protection district or a fire service district, then an offer to pay annually for the term of the contract the amount of money that the tax rate in the district in effect on the date of adoption of the resolution of intent would generate based on property values on January 1 of each year in the area to be annexed which is in such a district is deemed to be a good faith offer of consideration for the contract.

(c)       If the area is an insurance district but not a rural fire protection district or fire service district, then an offer to pay annually over the term of the contract the amount of money which is determined to be the equivalent of the amount which would be generated by multiplying the fraction of the city's general fund budget in that current fiscal year which is proposed to be expended for fire protection times the tax rate for the city in the current year, and multiplying that result by the property valuation in the area to be annexed which is served by the rural fire department is deemed to be a good faith offer of consideration for the contract; provided that the payment shall not exceed the equivalent of fifteen cents (15c) on one hundred dollars ($100.00) valuation of annexed property in the district according to county valuations for the current fiscal year.

(d)       Any offer by a city to a rural fire department which would compensate the rural fire department for revenue loss directly attributable to the annexation by paying such amount annually for five years, is deemed to be a good faith offer of consideration for the contract.

(e)       Under subsections (b), (c), or (d) of this section, if the good faith offer is for first responder service, an offer of one- half the calculated amount under those subsections is deemed to be a good faith offer.

(f)        This section does not obligate the city or rural fire department to enter into any contract.

(g)       The rural fire department may, if it feels that no good faith offer has been made, appeal to the Local Government Commission within 30 days following the passage of an annexation ordinance. The rural fire department may apply to the Local Government Commission for an order staying the operation of the annexation ordinance pending the outcome of the review. The Commission may grant or deny the stay in its discretion upon such terms as it deems proper, and it may permit annexation of any part of the area described in the ordinance concerning which no question for review has been raised, provided that no other appeal under G.S. 160A-50 is pending.

(h)       The Local Government Commission may affirm the ordinance, or if the Local Government Commission finds that no good faith offer has been made, it shall remand the ordinance to the municipal governing board for further proceedings, and the ordinance shall then not become effective unless the Local Government Commission finds that a good faith offer has been made.

(i)        Any party to the review under subsection (h) may obtain judicial review in accordance with Chapter 150A of the General Statutes."

Sec. 22.  Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A-37.2.  Assumption of debt. - (a) If the city has annexed any area which is served by a rural fire department and which is in an insurance district defined under G.S. 153A-233, a rural fire protection district under Article 3A of Chapter 69 of the General Statutes or a fire service district under Article 16 of Chapter 153A of the General Statutes, then upon the effective date of annexation if the city has not contracted with the rural fire department for fire protection, or when the rural fire department ceases to provide fire protection under contract, then the city shall pay annually a proportionate share of any payments due on any debt (including principal and interest) relating to facilities or equipment of the rural fire department, if the debt was existing at the time of adoption of the resolution of intent, with the payments in the same proportion that the assessed valuation of the area of the district annexed bears to the assessed valuation of the entire district on the date the annexation ordinance becomes effective.

(b)       The city and rural fire department shall jointly present a payment schedule to the Local Government Commission for approval and no payment may be made until such schedule is approved."

Sec. 23.  Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A-49.2.  Assumption of debt. - (a) If the city has annexed any area which is served by a rural fire department and which is in an insurance district defined under G.S. 153A-233, a rural fire protection district under Article 3A of Chapter 69 of the General Statutes or a fire service district under Article 16 of Chapter 153A of the General Statutes, then upon the effective date of annexation if the city has not contracted with the rural fire department for fire protection, or when the rural fire department ceases to provide fire protection under contract, then the city shall pay annually a proportionate share of any payments due on any debt (including principal and interest) relating to facilities or equipment of the rural fire department, if the debt was existing at the time of adoption of the resolution of intent, with the payments in the same proportion that the assessed valuation of the area of the district annexed bears to the assessed valuation of the entire district on the date the annexation ordinance becomes effective.

(b)       The city and rural fire department shall jointly present a payment schedule to the Local Government Commission for approval and no payment may be made until such schedule is approved."

Sec. 24.  G.S. 118-42 is amended by adding the following new paragraph immediately before the last paragraph:

"Any member who, because his residence is annexed by a city under Part 2 or Part 3 of Article 4 of Chapter 160A of the General Statutes, or whose department is closed because of an annexation by a city under Part 2 or Part 3 of Article 4 of Chapter 160A of the General Statutes, and because of such annexation is unable to perform as a fireman of any status, and if the member has at least 10 years of service with the pension fund, may be permitted to continue making a monthly contribution of five dollars ($5.00) to the fund until he has paid into the fund the sum of one thousand two hundred dollars ($1,200). The member upon attaining the age of 55 years and completion of such contributions shall be entitled to receive a pension as provided by this section. Any application to make monthly contributions under this section shall be subject to a finding of eligibility by the Board of Trustees upon application of the member."

Sec. 25.  Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A-294.  Loss of rural fire employment. - (a) Whenever a city annexes any territory under Parts 2 or 3 of Article 4A of this Chapter, and because of the annexation the rural fire department must terminate the employment of any full-time employee, then the annexing city must take one of the three actions listed below with respect to any person who has been in such full-time employment for two years or more at the time of adoption of the resolution of intent:

(1)       The annexing city may offer employment without loss of salary or seniority and place the person in a position as near as possible in type to the position that was held in the rural fire department; or

(2)       The annexing city may offer employment in some other department of the city at a comparable salary and seniority; or

(3)       The city may choose to pay to the person a sum equal to the person's salary for one year as the equivalent of severance pay. For the purpose of this subsection, the person's salary was his total salary with the rural fire department for the 12- month period ending on the last pay period before the resolution of consideration was adopted, plus any increased salary due to reasonable cost-of- living increases and bona fide promotions; provided that if no resolution of consideration was required to be adopted because of either G.S. 160A-37(j) or G.S. 160A-49(j), or because the resolution of intent was adopted prior to July 1, 1984, the person's salary was his total salary with the rural fire department for the 12-month period ending on the last pay period before the resolution of intent was adopted, plus any increased salary due to reasonable cost-of-living increases and bona fide promotions.

(b)       This section is effective with respect to all annexations where an annexation ordinance is adopted on or after January 1, 1983, except that it is also effective with respect to all annexations where an annexation ordinance was adopted before January 1, 1983, but on January 1, 1983, the annexation ordinance:

(i)        was under review under G.S. 160A-38 or G.S. 160A- 50, and a stay is in effect under G.S. 160A-38(e)          or G.S. 160A-50(e); or

(ii)       was subject to the Voting Rights Act of 1965 but had not yet been approved under that act."

Sec. 25.1.  The catchline of Part 1 of Article 4A of Chapter 160A of the General Statutes is rewritten to read "Part 1.  Extension by Petition".

Sec. 26.  G.S. 160A-24 through G.S. 160A-28 are repealed.

Sec. 26.1.  G.S. 160A-32 is repealed.

Sec. 27.  G.S. 160A-43, 160A-44, 160A-55, and 160A-56 are repealed.

Sec. 28.  Chapter 983, Session Laws of 1973, is repealed.

Sec. 29.  Chapter 335, Session Laws of 1973, is repealed.

Sec. 30.  Chapter 91, Session Laws of 1981, is repealed.

Sec. 31.  Chapter 453, Session laws of 1973, is repealed.

Sec. 32.  Article VIII of the Charter of the City of High Shoals, being Chapter 317, Session Laws of 1973, is repealed.

Sec. 33.  Chapter 1058, Session Laws of 1969, is repealed.

Sec. 34.  Article 2 of the Charter of the City of Fayetteville, being Chapter 557, Session Laws of 1979, is repealed.

Sec. 35.  Section 2.1 of the Charter of the Village of Walnut Creek, being Chapter 687, Session Laws of 1975, as amended by Chapter 55, Session Laws of 1977 and Chapter 257, Session Laws of 1979, is further amended by rewriting that part of the first sentence before the colon to read:  "The corporate boundaries of the Village of Walnut Creek, until changed in accordance with law, are as follows".

Sec. 35.1.  Section 1-1 of the Charter of the Town of Maggie Valley, being Chapter 1337, Session Laws of 1973, is amended by deleting all of that section after the words "General Statutes" appear the first time, and inserting in lieu thereof a period.

Sec. 35.2.  Chapter 305, Session Laws of 1959 is repealed.

Sec. 35.3.  Section 505 of the Charter of the City of Thomasville, being Chapter 211, Session Laws of 1981, is amended by deleting the words "in Chapter 305, Session Laws of 1959", and inserting in lieu thereof the words "by law".

Sec. 35.4.  Section 1.3 of the Charter of the Town of Cajah Mountain, being Chapter 52, Session Laws of 1983, is repealed.

Sec. 35.5.  The boundaries of the Thomasville City School Administrative Unit shall remain as they are on the date of ratification of this act until changed in accordance with law.

Sec. 36.  G.S. 160A-37 is amended by adding new subsections to read:

"(i)       No resolution of intent may be adopted under subsection (a) of this section unless the city council (or a planning agency created or designated under either G.S. 160A-361 or the charter) has, by resolution adopted at least one year prior to adoption of the resolution of intent, identified the area as being under consideration for annexation. The area described under the resolution of intent may comprise a smaller area than that identified by the resolution of consideration. The resolution of consideration may have a metes and bounds description or a map, shall remain effective for two years after adoption, and shall be filed with the city clerk.

(j)        Subsection (i) of this section shall not apply to the annexation of any area if the resolution of intent describing the area and the ordinance annexing the area both provide that the effective date of the annexation shall be at least one year from the date of passage of the annexation ordinance."

Sec. 37.  G.S. 160A-49 is amended by adding new subsections to read:

"(i)       No resolution of intent may be adopted under subsection (a) of this section unless the city council (or planning agency created or designated under either G.S. 160A-361 or the charter) has, by resolution adopted at least one year prior to adoption of the resolution of intent, identified the area as being under consideration for annexation. The area described under the resolution of intent may comprise a smaller area than that identified by the resolution of consideration. The resolution of consideration may have a metes and bounds description or a map and shall remain effective for two years after adoption, and shall be filed with the city clerk.

(j)        Subsection (i) of this section shall not apply to the annexation of any area if the resolution of intent describing the area and the ordinance annexing the area both provide that the effective date of the annexation shall be at least one year from the date of passage of the annexation ordinance."

Sec. 37.1.  The General Assembly intends by this act to repeal all acts and provisions of acts that modify the application to particular cities and towns of Parts 2 and 3 of Article 4 of Chapter 160A of the General Statutes or that exempt particular cities or towns from the application of either or both of those two Parts.  Therefore, all such acts and provisions of acts, even if not specifically listed and repealed in Sections 26 through 35.4 of this act, are repealed.  Neither this section nor Sections 26 through 35.4 of this act shall affect any annexation in progress on the dates of ratification of this act under any of the repealed or amended sections.

Sec. 38.  This act shall be effective with respect to all annexations where resolutions of intent are adopted on or after the date of ratification of this act, except that Sections 36 and 37 shall become effective with respect to all annexations where resolutions of intent are adopted on or after July 1, 1984, Sections 25.1 through 35.5 and Section 37.1 are effective upon ratification and Section 25 shall become effective as provided in that section.  No annexation where a resolution of intent was adopted prior to the date of ratification of this act shall be affected by this act except as provided in Section 25.

In the General Assembly read three times and ratified, this the 29th day of June, 1983.