§ 160A-37.1. Contract with rural fire department. - North Carolina Statutes

§ 160A‑37.1. Contract with rural fire department.

(a)        If the area to be annexed described in a resolution ofintent passed under G.S. 160A‑37(a) includes an area in an insurancedistrict defined under G.S. 153A‑233, a rural fire protection districtunder Article 3A of Chapter 69 of the General Statutes, or a fire servicedistrict under Article 16 of Chapter 153A of the General Statutes, and a ruralfire department was on the date of adoption of the resolution of intentproviding fire protection in the area to be annexed, then the city (if therural fire department makes a written request for a good faith offer, and therequest is signed by the chief officer of the fire department and delivered tothe city clerk no later than 15 days before the public hearing) is required tomake a good faith effort to negotiate a five‑year contract with the ruralfire department to provide fire protection in the area to be annexed.

(b)        If the area is a rural fire protection district or a fireservice district, then an offer to pay annually for the term of the contractthe amount of money that the tax rate in the district in effect on the date ofadoption of the resolution of intent would generate based on property values onJanuary 1 of each year in the area to be annexed which is in such a district isdeemed to be a good faith offer of consideration for the contract.

(c)        If the area is an insurance district but not a rural fireprotection district or fire service district, then an offer to pay annuallyover the term of the contract the amount of money which is determined to be theequivalent of the amount which would be generated by multiplying the fractionof the city's general fund budget in that current fiscal year which is proposedto be expended for fire protection times the tax rate for the city in thecurrent year, and multiplying that result by the property valuation in the areato be annexed which is served by the rural fire department is deemed to be agood faith offer of consideration for the contract; Provided that the paymentshall not exceed the equivalent of fifteen cents (15¢) on one hundred dollars($100.00) valuation of annexed property in the district according to countyvaluations for the current fiscal year.

(d)        Any offer by a city to a rural fire department which wouldcompensate the rural fire department for revenue loss directly attributable tothe annexation by paying such annually for five years, is deemed to be a goodfaith offer of consideration for the contract.

(e)        Under subsections (b), (c), or (d) of this section, if thegood faith offer is for first responder service, an offer of one‑half thecalculated amount under those subsections is deemed to be a good faith offer.

(f)         This section does not obligate the city or rural firedepartment to enter into any contract.

(g)        The rural fire department may, if it feels that no goodfaith offer has been made, appeal to the Local Government Commission within 30days following the passage of an annexation ordinance. The rural firedepartment may apply to the Local Government Commission for an order stayingthe operation of the annexation ordinance pending the outcome of the review.The Commission may grant or deny the stay in its discretion upon such terms asit deems proper, and it may permit annexation of any part of the area describedin the ordinance concerning which no question for review has been raised,provided that no other appeal under G.S. 160A‑38 is pending.

(h)        The Local Government Commission may affirm the ordinance, orif the Local Government Commission finds that no good faith offer has beenmade, it shall remand the ordinance to the municipal governing board forfurther proceedings, and the ordinance shall then not become effective unlessthe Local Government Commission finds that a good faith offer has been made.

(i)         Any party to the review under subsection (h) may obtainjudicial review in accordance with Chapter 150B of the General Statutes. (1983, c. 636, s. 20; 1987, c. 827, s. 1.)