2021-5 RESOLUTION In Support of Legislation Limiting the City of Sanford in Forcing Satellite Annexations 2-1-2021

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FILED LEE COUNTY NC PAMELA G. BRITT REGISTER OF DEEDS FILED Feb 22, 2021 AT 03:27:35 pm BOOK 00003 START PAGE 0690 END PAGE 0691 INSTRUMENT # 01322 EXCISE TAX (None) ray c:MR0\. RESOLUTION OF THE LEE COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF LEGISLATION LIMITING THE CITY OF SANFORD IN FORCING SATELLITE ANNEXATIONS WHEREAS, House Bill 285, passed by the General Assembly in the 2019-2020 Legislative Session, allows annexation of property beyond 3 miles of the current city limits of Sanford: and WHEREAS, House Bill 285 does not restrict the ability of the municipality to force annexation using public utilities as a tool for annexation and is creating service issues for police and fire services within and beyond three miles of current city limits of Sanford; and WHEREAS, the law was passed with the intent of allowing the City to approve annexation for industrial developers who are interested in developing property in the unincorporated areas of Lee County to attach to the City's sewer line which they ran to Moncure; and WHEREAS, said law is now being used to force residential developers to annex into the City limits creating satellite pockets in the County causing service issues for residents inside and outside the City limits; and WHEREAS, a municipal Water and Sewer fund is financially independent of a City's General Fund and therefore the argument that annexing property is required to compensate the City taxpayers is invalid because all investments in water and sewer infrastructure are supported by the Water and Sewer enterprise fund and not the General Fund; and WHEREAS, House Bill 285 does not allow residential and commercial developers the option to extend water and sewer utilities in the unincorporated areas at their own expense and do not seek to be annexed by the City of Sanford; and WHEREAS, in order to facilitate economic development in the unincorporated areas of Lee County, the Commissioners seek action on this issue from the North Carolina General Assembly. NOW, THEREFORE, BE IT RESOLVED, that the Lee County Board of Commissioners hereby requests that the North Carolina General Assembly repeal Lee County and the City of Sanford from House Bill 285 (GS 160A.58.1) and address the issue of forced annexation by municipal utility extensions. Further, the Commissioners ask the Legislature to impose any law necessary to ensure the fair treatment of citizens and developers who are willing to extend utilities at their own expense and to pay higher user fees by not being in an incorporated district; and