Senator Tim Moffitt of Henderson, Polk and Rutherford,
SB 906 Hendersonville/Public Enterprise Operation, drafted by Senator Tim Moffitt, and referred To Committee On Rules and Operations of the Senate on 5/8/2024. It hasn't moved but certainly can be voted on and moved to the next committee for approval. Subscribe for alerts here for the Senate Rules and Operations Meetings. Let's stop this.
Comment:
This once again opens the door for urban encroachment into the county. 'Don't charge county resdents any more that anyone in the city but, oh by the way, those neighborhoods could petition to be annexed.'
What's the problem with this? (Example: Buncombe has overbuilt and cannot support the growth. At Christmas, a good portion of Buncombe was without water. A neighborhood desperate for water will agree to the city's annexation for relief. ) This bill is another camel's nose under the tent designed to give commissioners cover for the 2045 Plan. Also, where are the limits on what the city can charge for their water.
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Moffitt's bill forbids Hendersonville to charge higher water rates outside city limits
Story by Dean Hensley, Hendersonville Times-News (The other half of the headline regarding annexation is missing. On the face of it, it looks good!)
Moffitt bill aims to 'rekindle' negotiations in water war https://www.hendersonvillelightning.com/news/13923-moffitt-files-bill-attempting-to-rekindle-talks-to-settle-water-war.html
According to a news release on May 8, North Carolina Sen. Tim Moffitt introduced a bill into legislation to forbid the city of Hendersonville to charge higher water rates for people living outside of the city limits.
Senate Bill 906 was filed on May 7, according to the release, and it also requires that residents outside of the city limits be treated in an equitable fashion when it comes to rule making by the public enterprise. A municipal public enterprise includes any business activity owned or operated by a city, such as water, sewer, solid waste, electric, natural gas, public transportation systems, cable television, off-street parking facilities, airports and stormwater services, the release said.
Permits annexation
SECTION 2. G.S. 160A-31 reads as rewritten:
"§ 160A-31. Annexation by petition. General Assembly Of North Carolina Session 2023
Senate Bill 906-First Edition 1
(a) The governing board of any municipality may annex by ordinance any area 2 contiguous to its boundaries upon presentation to the governing board of a petition signed by the owners of all the real property located within such area. The petition shall be signed by each owner of real property in the area and shall contain the address of each such owner.owner and a statement that the owner's petition for annexation is not based upon any representation by the municipality that a public enterprise service available outside the corporate limits of that municipality would be withheld from the owner's property without the petition for annexation. ….
SECTION 3. G.S. 160A-58.1 reads as rewritten:
§ 160A-58.1. Petition for annexation; standards. (c) The petition shall contain the names, addresses, and signatures of all owners of real property within the proposed satellite corporate limits (except owners not required to sign by subsection (a)), shall describe the area proposed for annexation by metes and bounds, and shall have attached thereto a map showing the area proposed for annexation with relation to the primary corporate limits of the annexing city. The petition shall also contain a statement from 17 the owner that the owner's petition for annexation is not based upon any representation by the 18 municipality that a public enterprise service available outside the corporate limits of that 19 municipality would be withheld from the owner's property without the petition for annexation. 20 When there is any substantial question as to whether the area may be closer to another city than 21 to the annexing city, the map shall also show the area proposed for annexation with relation to 22 the primary corporate limits of the other city. The city council may prescribe the form of the petition. ….
SECTION 4. This act applies only to the City of Hendersonville. Section 1 of this act shall not apply to the operation of public transportation systems or off-street parking facilities and systems as public enterprises. SECTION 5. This act becomes effective June 30, 2024. Section 1 of this act applies to the 2024-2025 fiscal year and to each fiscal year thereafter. Any assets, liabilities, or equity of a public enterprise operated or held by the City of Hendersonville in the 2023-2024 fiscal year shall be transferred to a separate fund in accordance with G.S. 160A-312, as amended by Section 1 of this act, when this act becomes law.
Sections 2 and 3 of this act apply to petitions for annexation received by the City of Hendersonville on or after June 30, 2024
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