A BILL TO BE ENTITLED
AN ACT to require that annexations and extension of extraterritorial jurisdiction in union county is subject to a referendum.
The General Assembly of North Carolina enacts:
SECTION 1.  Parts 2 and 3 of Article 4A of Chapter 160A of the General Statutes are repealed.
SECTION 2.  Part 1 of Article 4A of Chapter 160A of the General Statutes is amended by adding the following new sections:
"§ 160A‑28.1.  Procedure for adoption of ordinance extending limits.
After public notice has been given by publication once a week for four successive weeks in a newspaper in the county with a general circulation in the municipality, or if there be no such paper, by posting notice in five or more public places within the municipality, describing by metes and bounds the territory to be annexed, thus notifying the owner or owners of the property located in such territory that the municipal legislative body will meet for the purpose of considering the annexation of such territory to the municipality, the governing body of any municipality may adopt an ordinance extending its corporate limits by annexing thereto any contiguous tract or tracts of land not embraced within the corporate limits of some other municipality. It shall be essential and necessary to the validity of any ordinance extending the corporate limits of any municipality pursuant to this section that (i) a public hearing pursuant to the notice in this section is held, (ii) a statement by or on behalf of the municipal governing body of the purpose or reasons for the proposed extension of the corporate limits is made at the beginning of the public hearing, (iii) reasonable opportunity to be heard be given any who attend such public hearing with regard thereto, and (iv) the ordinance is approved by referendum in accordance with G.S. 160A‑28.5. The public notice shall (i) fix the date, hour, and place of the public hearing, and (ii) describe clearly the boundaries of the area under consideration.
"§ 160A‑28.2.  Referendum on question of extension.
The governing body shall, before passing said ordinance annexing the territory, submit the question as to whether said territory shall be annexed to a vote of the qualified voters of the area proposed to be annexed.
"§ 160A‑28.3.  Call of election.
The governing board shall order the board of elections of the county in which the territory to be annexed is located to call an election to determine whether or not the proposed territory shall be annexed to the city or town. Within 75 days after receiving such order from the governing body, the county board of elections shall proceed to hold an election on the question.
"§ 160A‑28.4.  Action required by county board of elections; publication of resolution as to election; costs of election. 
Such election shall be called by a resolution or resolutions of said county board of elections which shall:
(1)	Describe the territory proposed to be annexed to the said city or town as set out in the order of the said local governing body;
(2)	Provide that the matter of annexation of such territory shall be submitted to the vote of the qualified voters of the territory proposed to be annexed; and
(3)	Provide for registration of voters in the territory proposed to be annexed for said election in accordance with G.S. 163‑288.2.
Said resolution shall be published in one or more newspapers of the said county once a week for 30 days prior to the deadline for registration under G.S. 163‑82.6(c). All costs of holding such election shall be paid by the city or town. Except as herein provided, said election shall be held under the same statutes, rules, and regulations as are applicable to elections in the municipality whose corporate limits are being enlarged.
"§ 160A‑28.5.  Ballots; effect of majority vote for extension.
Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:
"[ ] FOR	[ ] AGAINST
Extension."
If at such election, a majority of the votes cast from the area proposed for annexation shall be 'For Extension', then from and after the later of the date of the declaration of the result of such election or the effective date contained in the ordinance, the territory and its citizens and property shall be subject to all the debts, laws, ordinances, and regulations in force in said city or town and shall be entitled to the same privileges and benefits as other parts of said city or town. The newly elected territory shall be subject to city taxes as provided by this Article."
SECTION 3.  The title of Part 1 of Article 4A of Chapter 160A of the General Statutes is amended by adding "or Referendum" at the end.
SECTION 4.  Part 1 of Article 19 of Chapter 160A of the General Statutes is amended by adding new sections to read:
"§ 160A‑360.1.  Procedure for adoption of ordinance extending extraterritorial jurisdiction.
After public notice has been given by publication once a week for four successive weeks in a newspaper in the county with a general circulation in the municipality, or if there be no such paper, by posting notice in five or more public places within the municipality, describing by metes and bounds the territory in which jurisdiction is to be extended under G.S. 160A‑360, thus notifying the owner or owners of the property located in such territory that the municipal legislative body will meet for the purpose of considering the exercise of extraterritorial jurisdiction by the municipality, the governing body of any municipality may adopt an ordinance extending its extraterritorial jurisdiction. It shall be essential and necessary to the validity of any ordinance extending the jursidiction of any municipality pursuant to this section that (i) a public hearing pursuant to the notice in this section is held, (ii) a statement by or on behalf of the municipal governing body of the purpose or reasons for the proposed extension of jursidiction is made at the beginning of the public hearing, (iii) reasonable opportunity to be heard be given any who attend such public hearing with regard thereto, and (iv) the ordinance is approved by referendum in accordance with G.S. 160A‑360.5. The public notice shall (i) fix the date, hour, and place of the public hearing, and (ii) describe clearly the boundaries of the area under consideration.
"§ 160A‑360.2.  Referendum on question of extension.
The governing body shall, before passing said ordinance extending its jurisdiction under G.S. 160A‑360, submit the question as to whether said jurisdiction should be extended to a vote of the qualified voters of the area proposed to be subject to jurisdiction.
"§ 160A‑360.3.  Call of election.
The governing board shall order the board of elections of the county in which the territory to be subject to the jurisdiction of the municipality is located to call an election to determine whether or not the proposed territory shall be annexed to the city or town. Within 75 days after receiving such order from the governing body, the county board of elections shall proceed to hold an election on the question.
"§ 160A‑360.4.  Action required by county board of elections; publication of resolution as to election; costs of election. 
Such election shall be called by a resolution or resolutions of said county board of elections which shall:
(1)	Describe the territory proposed to be subject to the jurisdiction of the said city or town as set out in the order of the said local governing body;
(2)	Provide that the matter of extension of jurisdiction of such territory shall be submitted to the vote of the qualified voters of the territory proposed; and
(3)	Provide for registration of voters in the territory proposed for extension for said election in accordance with G.S. 163‑288.2 as if it were an annexation.
Said resolution shall be published in one or more newspapers of the said county once a week for 30 days prior to the deadline for registration under G.S. 163‑82.6(c). All costs of holding such election shall be paid by the city or town. Except as herein provided, said election shall be held under the same statutes, rules, and regulations as are applicable to elections in the municipality whose corporate limits are being enlarged.
"§ 160A‑360.5.  Ballots; effect of majority vote for extension.
Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:
"[ ] FOR	[ ] AGAINST
Extension of Extraterritorial Jursidiction."
If at such election, a majority of the votes cast from the area proposed for annexation shall be 'For Extension', then from and after the later of the date of the declaration of the result of such election or the effective date contained in the ordinance, the territory and its citizens and property shall be subject to the jurisdiction of the municipality in accordance with G.S. 160A‑360."
SECTION 2.  This act shall also apply to any annexation made on or after January 1, 2005, or extension of jurisdiction under G.S. 160A‑360 made on or after January 1, 2005, except that it does not apply to any such annexation if extension of all waterlines required by that annexation was completed by March 1, 2009. Such annexation or extension of jurisdiction is repealed effective June 30, 2010, unless approved by referendum under this act prior to that date.
SECTION 5.  This act applies to Union County and municipalities located in that county only.
SECTION 6.  This act is effective when it becomes law.