§ 158-33.1. Addition of counties to Region. - North Carolina Statutes

§ 158‑33.1.  Addition of counties to Region.

(a)        Authority. – The Region shall allow an eligible county toparticipate in the Region as provided in this section. A county is eligible toparticipate in the Region under this section if G.S. 158‑31 authorizesthe county to create the Region, but the county failed to adopt a resolutionstating its intent to create the Region by the October 1, 1993, deadline set inG.S. 158‑33(b).

(b)        Application. – The governing body of an eligible county mayapply to participate in the Region under this section by adopting a resolutionto participate in the Region. The resolution must comply with all therequirements of G.S. 158‑33(a) and (b) except that it may be adopted atany time before October 1, 1994. After adopting the resolution, the countyshall file a certified copy of the resolution with the Commission.

(c)        Approval of Application. – Within one month after receipt ofan application to join the Region pursuant to this section, the Commissionshall meet to consider the application. At the meeting, the Commission shallapprove the application if all of the following conditions are met:

(1)        The applicant is an eligible county and has adopted aresolution that complies with subsection (b) of this section.

(2)        The applicant agrees to pay a fee equal to the initiationfee paid by each of the counties that originally created the Region.

(3)        The applicant agrees to make monthly payments in lieu oftaxes as provided in subsection (f) of this section.

(d)        Commission Resolution. – After the Commission votes to add acounty to the Region, the Commission shall adopt a resolution that states itsintent to add the county and includes amended articles of incorporation for theRegion which set forth the name of the county to be added to the Region. TheCommission shall file certified copies of this resolution with the Secretary ofState.

(e)        Effect of Amendment. – If the Secretary of State finds thatthe resolution conforms to the requirements of this Article, the Secretary ofState shall file the resolution, issue an amended certificate of incorporationfor the Region including the additional county, and record the amendedcertificate of incorporation. The amended certificate of incorporation for theRegion shall become effective on the first day of the second month after it isissued. Upon the effective date of the amended certificate of incorporation forthe Region, the new county becomes a fully participating member of the Region.If the Commission has levied a tax in the Region pursuant to G.S. 158‑42,that tax applies within the new county beginning on the date the amendedcertificate of incorporation becomes effective.

(f)         Payments in Lieu of Taxes. – A county that participates inthe Region under this section is required to make monthly payments in lieu oftaxes to the Region after the expiration of the tax levied pursuant to G.S. 158‑42.Each payment shall be equal to the estimated net amount of tax that would havebeen collected in the county under G.S. 158‑42 for that month if the taxwere still in effect. Each payment is due within 15 days after the end of themonth in which it accrues. The county is required to make monthly payments fora period equal to the number of months that the county was not participating inthe Region while the tax was levied under G.S. 158‑42. The requirementthat a county make payments in lieu of taxes expires, however, on the effectivedate of a withdrawal from the Region by the county. For the purposes of thisArticle, payments in lieu of taxes shall be considered proceeds of the taxlevied in G.S. 158‑42 collected in the county making the payment. (1993 (Reg. Sess., 1994), c. 751, s. 2; 2005‑364, s. 1.)