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North Carolina General Assembly - [ H 964 vc ] HOUSE BILL 964 Page 2 of 5 <br /> <br />"§ 120-169.1. Additional criteria; level of development, <br />~e~ services~ financial in~act <br />on other local govermnents. <br /> <br /> (b) Services. -- The Commission may not make a positive <br />recommendation unless the area to be incorporated submits a plan <br />for providing a reasonable level of municipal services. This <br />plan shall be based on the proposed services stated in the <br />petition under G.S. 120-163(c}. Tc mcat tho <br />rcquirsmcntr -~ ........... ~- subsection, ~ ........ = ........... 2ubmittin~ ~- plan <br /> <br /> (!} Pc!ie~ <br /> (~) Firo <br /> <br /> ( ¢ ) Wator <br /> ( ~ ) £ ewer <br /> <br /> rtreet <br /> ........... <br /> (7) Etroot <br /> lighting. <br /> <br /> ~i ........ = .... =chin3. <br />(c) The Commission in its report shall indicate the <br />impact on other municipalities and counties of diversion of <br /> <br />already levied local taxes or State-shared revenues from existing <br /> <br /> local governments to support services in the proposed <br /> municipality," <br /> Section 5. G.S. 136-41.2 reads as rewritten: <br /> "§ 136-41.2. Eligibility for funds; municipalities <br /> incorporated since January 1, 1945. <br /> (a} No municipality shall be eligible to receive funds under <br /> G.S. 136-41.1 unless it has conducted the most recent election <br /> required by its charter or the general law, whichever is <br /> applicable, for the purpose of electing municipal officials. The <br /> literal requirement that the most recent required election s_hall <br /> have been held may be waived only: <br /> {1) Where the members of the present governing body <br /> were appointed by the General Assembly in the act of <br /> incorporation and the date for the first election of <br /> officials under the terms of that act has not arrived; or, <br /> (2) Where validly appointed or elected officials <br /> have advertised notice of election in accordance with law, <br /> but have not actually conducted an election for the reason <br /> that no candidates offered themselves for office. <br /> (b) No municipality shall be eligible to receive funds under <br /> G.S. 136-41.1 unless it has levied an ad valorem tax for the <br /> current fiscal year of at least five cents (5¢) on the one <br /> hundred dollars ($100.00) valuation upon all taxable property <br /> within its corporate limits, and unless it has actually collected <br /> at least fifty percent (50%) of the total ad valorem tax levied <br /> for the preceding fiscal year; provided, however, that, for <br /> <br />http://www.ncga.state.nc.us/html 1999/bills/ratified/house/hbi10964. full.html <br /> <br />12/15/99 <br /> <br /> <br />