GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	4
SENATE BILL 255*
 Finance Committee Substitute Adopted 3/8/01
 House Committee Substitute Favorable 7/17/01 
 House Committee Substitute # 2 Reported Without Prejudice 7/26/01 

Short Title:	Midland/Elon Local Act.	()	
Sponsors:	     	
Referred to:	     	
February 27, 2001

A BILL TO BE ENTITLED
AN ACT TO ADD CERTAIN DESCRIBED PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF MIDLAND AND TO ALLOW THE TOWN OF ELON TO EXERCISE PLANNING JURISDICTION OVER A DESCRIBED AREA SUBJECT TO A REFERENDUM. 

The General Assembly of North Carolina enacts:
SECTION 1.  The following described property is added to the corporate limits of the Town of Midland:
All that certain tract of land containing thirty (30) acres, known as a part of the Mack F. Sossoman Place in Number 10 Township, Cabarrus County, North Carolina, on the Pine Bluff Church Road as shown on plat by Reece I. Long dated 1937 showing metes and bounds as follows:
Beginning at an iron pin on the East bank of Pine Bluff Church Road (said iron stake being the Northeast corner of William E. Honeycutt's 36.9 acre tract) and runs with the said Pine Bluff Church Road N4º30' W538 feet to an iron stake on the West bank of Pine Bluff Church Road, an old corner; thence N64º30' W40 feet to a  Post Oak, an old corner of Lawrence McInnis land; thence with McInnis line N65º0' W1238.5 feet to an iron stake; thence N65º W375 feet to an iron stake; thence with C.L. Voncannon's line S20º30' W616 feet to an iron stake, Voncannon's corner; thence S19º30' W560 feet with the line of C. Everette Voncannon to an iron stake on line of William E. Honeycutt's land; thence with three lines of Honeycutt as follows:  First, N49º45' W219 feet to a stake; Second, S62º30' E427.5 feet to a stake; Third, S 84º45' E1024.0 feet to the point of beginning.
SECTION 2.  Real property and personal property in the territory annexed pursuant to Section 1 of this act are subject to municipal taxes as provided in G.S. 160A‑58.10.
SECTION 3.(a)  The Town of Elon may exercise the powers granted by Article 19 of Chapter 160A of the General Statutes in the following described area:
BEGINNING at a point in the line between Guilford County and Alamance County, the said point being 400 feet north of the center of South Church Street (U.S. 70) and running thence along the agreement line between the City of Burlington and the Town of Elon to a point in the northern right‑of‑way line of MacArthur Lane; thence in a northerly direction with the eastern line of Parcel 4G as shown on Alamance County Tax Map 3‑5, 915.29 feet to the said Parcel 4G's northeast corner; thence in a northerly direction along the rear lines of Parcels No. 4H and No. 4J as shown on Alamance County Tax Map No. 3‑5, 1,268.16 feet to the northwest corner of said Parcel No. 4J; thence continuing in a northerly direction 200 feet to the MacArthur Lane Sanitary Sewer Outfall; thence in a northwesterly direction, with the center of MacArthur Lane Sanitary Sewer Outfall approximately 4,145 feet to the Dry Creek Sanitary Sewer Outfall; thence in an easterly direction with the center of Dry Creek Sanitary Sewer Outfall to the rear corner between Parcel No. 66 and Parcel No. 65 as shown on Alamance County Tax Map No. 3‑2, an approximate distance of 1,150 feet; thence in a northeasterly direction along the rear lines of Parcel Numbers 65, 64, and 67 as shown on Alamance County Tax Map No. 3‑2, 420.3 feet to Parcel No. 17 as shown on Alamance County Tax Map No. 3‑1; thence in a northeasterly direction along the western property lines of Parcel Numbers 17 and 18 (crossing N.C. 1529) as shown on Alamance County Tax Map 3‑1, approximately 2,700 feet to the Haw River;  running thence along the center of Haw River in a northwesterly direction as it meanders approximately 14,300 feet to a point in the center of Haw River; thence crossing Haw River in a westerly direction approximately 145 feet to a point on the west bank of Haw River and corner between Parcel Nos. 21 and 43 of Tax Map 3‑52; running thence along the northern line of Parcel Nos. 19 and 21 of Tax Map 3‑52 point 1,375.01 feet to a point corner between Parcel Nos. 19 and 43 of Tax Map 3‑52 and in the eastern line of Parcel No. 34 of Tax Map 3‑52A; running thence along the eastern line of Parcel No. 34 of Tax Map 3‑52A in a northerly direction 194.16 feet to a point and being the northeast corner of Parcel No. 34 of Tax Map 3‑52A; running thence along the northern line of Parcel Nos. 34, 33, 30, and 72 of Tax Map 3‑52A in a westerly direction approximately 2,600 feet to a point corner with Parcel No. 18E; running thence along the eastern line of Parcel No. 18E in a northwesterly direction to a point; running thence along the northwestern line of Parcel No. 18E of Tax Map 3‑52 in a southwesterly direction to a point in the center of NC Highway No. 87; running thence along the center of NC Highway No. 87 in a northwesterly direction approximately 400 feet to a point corner with Ossipee Sanitary District; running thence along the Ossipee Sanitary District 445.25 feet to a point in the line of Parcel No. 40 of Tax Map 3‑52; thence continuing along the Ossipee Sanitary District line in a northerly direction approximately 140 feet to a point corner between Parcel Nos. 40 and 5B of Tax Map 3‑52; running thence along the southern line of Parcel No. 5B in a northwesterly direction 907.7 feet to a point in the center of Elon‑Ossipee Road; thence along the center of Elon‑Gibsonville Road approximately 100 feet to a point; thence running along the northern line of Parcel No. 4 of Tax Map 3‑52 in a westerly direction approximately 1,262 feet to a point in the Guilford County line; running thence along the Guilford County line in a southerly direction to a point in the center of Midway Church Road; running thence along the center of Midway Church Road in an easterly direction to the centerline intersection of Midway Church Road and Gibsonville‑Ossipee Road; running thence along the center of Gibsonville‑Ossipee Road in a southerly direction where it intersects the Town of Gibsonville ETJ line; running thence along the ETJ line between the Town of Gibsonville and the Town of Elon to the POINT OF BEGINNING.
SECTION 3.(b)  In exercising the powers granted by subsection (a) of this section, the Town of Elon need not follow the procedural requirements of G.S. 160A‑360(a1), 160A‑364, or 160A‑384 or any statute other than G.S. 160A‑75 in the initial adoption of a zoning ordinance, but any such ordinance shall expire 90 days after its adoption and any zoning ordinance to apply after the expiration of that period must be adopted in accordance with those statutes.
SECTION 3.(c)  The Alamance County Board of Elections shall conduct an election on November 6, 2001, in the described area on the question of continued exercise of planning jurisdiction by the Town of Elon in that area. The election shall be conducted in accordance with Chapter 163 of the General Statutes. At that election, unless a majority of the votes cast are in favor of the question of continued exercise of planning jurisdiction by the Town of Elon in that area, the jurisdiction of the city is relinquished as of the date of certification of the election results, and the provisions of G.S. 160A‑360(f1) apply.
SECTION 3.(d)  Upon the petition of thirty‑five percent (35%) of the registered voters in the area described in subsection (a) of this section, the Alamance County Board of Elections shall conduct an election in the described area on the question of continued exercise of planning jurisdiction by the Town of Elon in that area. The election shall be held on the date of the next statewide general election which occurs more than 90 days after the petition is submitted. At that election, unless a majority of the votes cast are in favor of the question of continued exercise of planning jurisdiction by the Town of Elon in that area, the jurisdiction of the city is relinquished as of the date of certification of the election results, and the provisions of G.S. 160A‑360(f1) apply.
SECTION 3.(e)  In the event that the Ossipee Sanitary District is dissolved and the Town of Ossipee is simultaneously incorporated under G.S. 130A‑81, it may exercise authority under G.S. 160A‑360 up to one mile outside the corporate limits; in any case where any of the area described in Section 2(a) of this act is coterminous with the area within one mile of the Town of Ossipee, the jurisdiction of the Town of Ossipee shall prevail.
SECTION 4.  Sections 1 and 2 of this act apply to the Town of Midland only.  Section 3 of this act applies to the Town of Elon only. 
SECTION 5.  This act becomes effective July 31, 2001.