GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 398

Short Title:  High Point Charter Changes.	(Local)
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Sponsors: Representatives Jarrell and Jeffus.
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Referred to:  Local and Regional Government I.
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March 8, 1993

A BILL TO BE ENTITLED
AN ACT TO ALLOW THE CITY OF HIGH POINT TO TAKE INTO CONSIDERATION PROSPECTIVE REVENUES GENERATED BY THE DEVELOPMENT IN ARRIVING AT THE AMOUNT OF CONSIDERATION FOR AN ECONOMIC DEVELOPMENT CONVEYANCE, TO ADOPT STORMWATER ORDINANCES, AND TO REWRITE THE CHARTER PROVISIONS CONCERNING EMINENT DOMAIN.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 158-7.1(d1) reads as rewritten:
"(d1)	In arriving at the amount of consideration that it receives, the Board may take into account prospective tax revenues from improvements to be constructed on the property, prospective sales tax revenues to be generated in the area, as well as any other prospective tax revenues or income coming to the county or city over the next 10 years as a result of the conveyance or lease provided the following conditions are met:
(1)	The governing board of the county or city shall determine that the conveyance of the property will stimulate the local economy, promote business, and result in the creation of a substantial number of jobs in the county or city.
(2)	The governing board of the county or city shall contractually bind the purchaser of the property to construct improvements on the property within a specified period of time, not to exceed 10 years, which improvements are sufficient to generate the tax revenue taken into account in arriving at the consideration. Upon failure to construct the improvements specified in the contract, the purchaser shall reconvey the property back to the county or city.
This subsection applies to the Cities of Concord, Conover, High Point, Kannapolis, Mooresville, Mount Airy, St. Pauls, Selma, Smithfield, Statesville, Troutman, and Winston-Salem, and the Counties of Ashe, Cabarrus, Forsyth, Franklin, Iredell, and Johnston."
Sec. 2.  Article IX of the Charter of the City of High Point, being Chapter 501 of the Session Laws of 1979, as amended, is further amended by adding a new section to read:
"Sec. 9.9. Stormwater.  The governing body of the City of High Point may adopt such ordinances as it deems appropriate to regulate stormwater, by requiring the submission of plans in order to control stormwater from the site of any construction, landscaping, clearing projects or any other project which in any manner alters the natural structure of the land mass within said City of High Point and its extraterritorial planning jurisdiction.  The governing body of the City may establish by ordinance a program of regulations whereby prior to any land disturbing activity within the City of High Point and its extraterritorial planning jurisdiction, a permit must be obtained in the manner prescribed by the ordinance, and in accordance with the criteria and standards as established by the governing board.
The ordinance may provide that in lieu of the required improvements shown on the plan, a developer may be required to provide funds that the City may use for the construction of devices, structures, drainage easements, and impoundments to control stormwater within the drainage basin; these funds may be used to serve more than one site or development within the area.  The ordinance may require a combination of partial payment of funds and partial construction when the governing body of the City determines that a combination is in the best interest of the citizens of the area to be served."
Sec. 3.  Article VII of the Charter of the City of High Point, being Chapter 501 of the Session Laws of 1979, as amended, and as modified by G.S. 40A-1, is rewritten to read:
"ARTICLE VII.
"EMINENT DOMAIN.
"Sec. 7.1. Condemnation Procedure; Interest Acquired.  The exercise of eminent domain, the procedure for its exercise, and the authority to acquire property is as prescribed by general law.
"Sec. 7.2. Sale or Other Disposition of Land Condemned.  When any property or water condemned by the city is no longer needed for the purpose for which it is condemned, it may be used by the city for any other public purpose or otherwise disposed of."
Sec. 4.  This act is effective upon ratification.