Below is a copy of the proposed bill sponsored by Rep. Jeff Collins. After reading the language of the bill, I’m not even sure this would stand a litigation test (constitutionally and on it’s own merits). It’s a somewhat poorly written bill. That may be why everyone else in the House is staying clear of it. It also sends a bad message of precedent. There are other ways to address the Oak Level issue. Newton sponsored a moratorium on annexation that was more realistic and a much more meaningful bill. Newton’s bill gives way to cooler heads and intelligent thinking. What Collins has produced is just garage.
GENERAL ASSEMBLY OF NORTH CAROLINA
HOUSE BILL 56
Short Title: Rocky Mount Annexations Repealed. (Local)
Sponsors: Representative Collins (Primary Sponsor).
For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to: Rules, Calendar, and Operations of the House.
February 9, 2011
A BILL TO BE ENTITLED 1
AN ACT TO EXERCISE THE POWER OF THE GENERAL ASSEMBLY UNDER 2 SECTION 1 OF ARTICLE VII OF THE NORTH CAROLINA CONSTITUTION TO FIX 3 THE BOUNDARIES OF CITIES AND GIVE SUCH POWERS TO CITIES AS IT 4 DEEMS ADVISABLE BY WITHDRAWING THE DELEGATION OF AUTHORITY TO 5 THE CITY OF ROCKY MOUNT TO MAKE CERTAIN ANNEXATIONS. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. Ordinance No. O-2010-1 adopted by the City Council of the City of 8 Rocky Mount on January 11, 2010, entitled "ORDINANCE AMENDING ORDINANCE 9 ADOPTED DECEMBER 18, 2008 EXTENDING THE CORPORATE LIMITS OF THE 10 CITY OF ROCKY MOUNT UNDER THE AUTHORITY GRANTED BY PART 3, 11 ARTICLE 4A, CHAPTER 160A OF THE GENERAL STATUTES OF NORTH CAROLINA 12 – ANNEXATION NO. 287-AREA 1," and Ordinance No. O-2008-136 adopted by the City 13 Council of the City of Rocky Mount on December 18, 2008, entitled "AN ORDINANCE 14 EXTENDING THE CORPORATE LIMITS OF THE CITY OF ROCKY MOUNT UNDER 15 THE AUTHORITY GRANTED BY PART 3, ARTICLE 4A, CHAPTER 160A OF THE 16 GENERAL STATUTES OF NORTH CAROLINA – ANNEXATION NO. 287 – AREA 1," 17 are repealed. 18
SECTION 2. This act is effective from and after June 30, 2009. 19