Joint Legislative Commission on Municipal Incorporations : report to the General Assembly of North Carolina, Town of Midland

190 Pages·2000·5.5 MB·English

by  North Carolina. General Assembly. Joint Legislative Commission on Municipal Incorporations

JOINT LEGISLATIVE COMMISSION
ON MUNICIPAL INCORPORATIONS
REPORT TO THE
GENERAL ASSEMBLY
OF NORTH CAROLINA
Town ofMidland
June 19, 2000

REPORTTOTHE GENERALASSEMBLY
PROPOSED INCORPORATION OF THE
TOWN OF MIDLAND
JUNE 19, 2000
The Joint Legislative Commission on Municipal Incorporations was
created in 1986 bythe GeneralAssembly to conductan independent review and
evaluation of proposed municipal incorporations. This evaluation, to be
conducted in accordance with a statutory set ofobjective criteria, is designed to
allow the General Assembly to determine the feasibility of the proposed new
municipality. The Commission consists of four members of the General
Assembly, one city official, and one county official. A list of Commission
members appearsasAppendixA.
The statutory criteria includes a review ofcommunity support (a petition is
required), population, land development, nearness to other urban areas, and
ability to provide municipal services at a reasonable tax rate. A copy of the
statutes authorizing the Commission and establishing the incorporation criteria is
attached asAppendix B.
The Commission on February 28, 2000 received a petition proposing the
Incorporation ofthe Town ofMidland in Cabanus County. A copy ofthe petition
Isattached asAppendixC.
The Commission, pursuant to G.S. 120-161, asked the Division of
CommunityAssistance ofthe Department ofCommerce to evaluate the petition.
The Division conducted the evaluation and, based upon its report, the
Commission on March 8, 2000 found thatthe requirements ofG.S. 120-163 and
G.S. 120-164 had been met(acopyofthe reportisattached asAppendix D).
On March 8, 2000, the Commission asked the Division of Community
Assistanceto evaluatethe proposed Town's petition forincorporation underG.S.
120-166. The Division conducted the evaluation and found that the City of
Concord and theTown ofMint Hill are required by G.S. 120-166(b)(3) toexpress
theirapproval ofthe incorporation ofthe proposedtown ofMidland (a copyofthe
report is attached asAppendix E). The Division noted thatthe proposed Town's
petition included resolutions from Concord and Mint Hill, but the Commission
found that the resolutions did not expressly approve incorporation. Thus, the
Commission requested that the proposed Town seek revised resolutions from
Concord and Mint Hill expressly approving the incorporation of the proposed
Town of Midland. The proposed Town obtained a property worded resolution
from the Town of Mint Hill and submitted it to the Commission (a copy of the
resolution isattached asAppendix F).

The Commission further asked the Division of Community Assistance to
evaluate the proposed Town's petition under G.S. 120-167 through G.S. 120-
170, and in so doing to prepare a reportthattakes into accountthe impactofthe
Midland Industrial Park (a copy of the report is attached as Appendix G) and a
reportthatdoes nottakethe impactofthe Park into account (a copyofthe report
is attached as Appendix H). The Division conducted the evaluations and
determined that all statutory requirements had been met, except G.S. 120-168
(Additional criteria: development). More specifically, the percentage of the
proposed Town thatis developed, including the Midland Industrial Park, is 30.91.
The percentage ofthe proposed Town that is developed, excluding the Midland
Industrial Paric, is29.14.
Pursuant to a resolution adopted by the Midland Interim Council, the
proposed Town of Midland asked the Commission to allow it to revise the
proposed Town's boundaries to remove certain parcels that are located within
four miles of the City of Concord (a copy of the resolution is attached as
Appendix I). The Commission approved the request and, as a result of the
change in boundaries, the proposed Town was no longer required to obtain a
resolution supporting incorporation from the City of Concord (a copy of the
revised boundaries isattached asAppendixJ).
Upon revision ofthe proposed Town's boundaries, the Commission asked
the Division of Community Assistance to re-evaluate the proposed Town's
petition under G.S. 120-167 through G.S. 120-170. The Division conducted the
re-evaluation and determined thatwhen no non-contiguous areas were included
In the proposed Town's boundaries all statutory requirements had been met (a
copy ofthe report is attached as Appendix K; a copy ofthe report including non-
contiguousareasisattached asAppendix L).
Pursuant to G.S. 120-169.1(c), the Commission requested that the Fiscal
Research Department providedatathatshowsthe impacton other municipalities
and counties ofthe diversion ofalready levied taxes orState-shared revenues to
support services in the proposed Town of Midland (a copy of the report is
attached as Appendix M). The data provided by the Department shows that a
shift in local option sales tax revenue (the largest component of the affected
revenues)would havethegreatest impacton Cabarrus County. The Department
also provided data thatshows ifthe proposed Town ofMidland is incorporated, it
will receive $92,384 in revenues from Powell Bill and Highway Trust Fund
distributions (a copyofthe reportisattached asAppendix N).
On June 8, 2000, the Commission held a public hearing on the
Incorporation of the Town of Midland in Midland Township, North Carolina.
Thirty-five persons spoke in favorofincorporation ofthe Town and one spoke in
opposition.

The Commission finds thatthe proposed Town of Midland meets the
standards required by Article 20 of Chapter 160A of the General Statutes
and recommends incorporation of the area as the Town of Midland, as
described in Appendix K.