fllTtW I-mRAKYl
JOINT LEGISLATIVE COMMISSION
ON MUNICIPAL INCORPORATIONS
REPORT TO THE
GENERAL ASSEMBLY
OF NORTH CAROLINA
Proposed Town of Sunset Harbor
February 12, 2003
RESTRICTED
CIRCULATION
UNC-CH LAW LIBRARY
L00326284P
REPORT TO THE GENERAL ASSEMBLY
Proposed Incorporation of the Town of Sunset Harbor
February 12, 2003
The Joint Legislative Commission on Municipal Incorporations was
created in 1986 by the General Assembly to conduct an independent review and
evaluation of proposed municipal incorporations. This evaluation, to be
conducted in accordance with a statutory set of objective criteria, is designed to
allow the General Assembly to see 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 members appears as
Appendix A.
The statutory criteria require a review of community support, (a petition is
required) population, land development, neamess to other urban areas, and
ability to provide municipal services at a reasonable tax rate. A copy of the
statutes authorizing the Commission and setting up the review standards is
attached as Appendix B.
The Commission received a petition proposing the incorporation of the
Town of Sunset HartDor in Brunswick County on April 26, 2002. A copy of the
petition is attached as Appendix C.
The Commission, pursuant to G.S. 120-161, asked the Division of
Community Assistance of the Department of Commerce to evaluate the petition.
The Division conducted the evaluation and, based upon its report, the
Commission found that the requirements of G.S. 120-163 and G.S. 120-164 had
been met (a copy of the report is attached as Appendix D).
The Commission also requested that the Division of Community
Assistance evaluate the proposed Town's petition for incorporation under G.S.
120-166 (a copy of the report is attached as Appendix E). The Division
conducted the evaluation and detennined that the statutory requirement was met.
The Commission further requested that the Division of Community
Assistance evaluate the proposed Town's petition under G.S. 120-167 through
G.S. 120-170 (a copy of the report is attached as Appendix F). The Division
conducted the evaluation and determined that all statutory requirements had
been met.
Pursuant to G.S. 120-169.1, the Commission requested that the Fiscal
Research Department provide data that shows the impact on other municipalities
and counties of the diversion of already levied taxes or State-shared revenues to
support services in the proposed Town of Sunset Harbor (a copy of the report is
attached as Appendix G). The data provided by the Department (based upon
figures from 2000-2001) shows that sales tax revenues in Brunswick County are
distributed on a per capita basis. If the proposed Town of Sunset Harbor had
been incorporated at that time, it would have received $78,797 in sales tax
revenues. The incorporation of Sunset Harbor would have a marginal impact on
the distribution of Powell Bill funds in the State and Brunswick County. No
revenue shift of utility excise taxes is expected since the incorporation of Sunset
Harbor would encompass areas that are not cun-ently part of another
municipality.
The Commission finds that the proposed Town of Sunset IHarbor
meets the standards required by Article 20 of Chapter 160A of the General
Statutes, and therefore the Commission recommends incorporation of the
area as the Town of Sunset Harbor.
APPENDIX A
JOINT LEGISLATIVE COMMISSION ON
MUNICIPAL INCORPORATIONS
2001-2002-
Membership
President Pro Tern's Appointments Speaker's Appointments
Senator Fletcher Hartsell
P. O. Box 368
Concord, NC 28026-0368
Senator Kay R. Hagan
305 Meadowbrook Terrace
Greensboro. NC 27408
Representative Mary L. Jarrell
Legislature Building, Room 2219
Raleigh, NC 27603
Representative John W. Hurley
P.O. Box 714
Fayetteville, NC 28303
Mr. Jerry Ayscue
Vance County Manager
Vance County Courthouse
Young Street
Henderson. NC 27536
Staff
Gerry Cohen, Director
Bill Drafting Division
Gayle L. Moses, Staff Attorney
Bill Drafting Division
Legislative Assistant
Dot Waugaman
2125 Legislative Building
APPENDIX B
Article 20.
Joint Legislative Commission on Municipal Incorporations.
Part 1 . Organization.
§120-158. Creadon of Commission.
(a) There is created the Joint Legislative Commission on Municipal
Incorporations, referred to in this Article as "Commission".
(b) The Commission shall consist of six members, appointed as follows:
( 1 ) Two Senators appointed by the President Pro Tempore of the Senate;
(2) Two House members appointed by the Speaker;
(3) One city manager or elected city official, appointed by the President Pro
Tempore of the Senate from a list of three eligible persons nominated by
the North Carolina League of Municipalities; and
(4) One county commissioner or county manager, appointed by the Speaker
from a list of three eligible persons nominated by the North Carolina
Association of County Commissioners.
§ 120-159. Terms.
Members shall be appointed for terms ending June 30, 1987, and subsequently for
two-year terms beginning July 1, 1987, and biennially thereafter. A member eligible
when appointed may continue for the remainder of the term regardless of the member's
continued eligibility for the category. The Commission shall elect a chairman from its
membership for a one-year term.
§ 120-160. Compensation.
Members of the Commission who are members of the General Assembly shall receive
subsistence and travel allowances as provided by G.S. 120-3.1. Members who are State
officers or employees shall receive subsistence and travel allowances as provided by G.S.
138-6. All other members shall receive per diem, subsistence, and travel allowances as
provided by G.S. 138-5.
§ 120-161. Facilities and staff.
The Commission may meet in the Legislative Building or the Legislative Office
Building. Staff for the Commission shall be provided by the Legislative Services
Commission. The Commission may contract with the Institute of Government, the Local
Government Commission, the Department of Environment and Natural Resources, or
other agencies as may be necessary in completing any required studies, within the funds
appropriated to the Commission.
Part 2. Procedure for Incorporation Review.
§ 120-163. Petition.
(a) The process of seeking the recommendation of the Commission is commenced
by filing with the Commission a petition signed by fifteen percent (15%) of the registered
G.S. 120-158 Pag^ '
voters of the area proposed to be incorporated, but by not less than 25 registered voters of
that area, asking for incorporation. The voter shall sign the petition and also clearly print
that voter's name adjacent to the signature. The petition must also contain the voter's
residence address and date of birth.
(b) The petition must be verified by the county board of elections of the county
where the voter is alleged to be registered. The board of elections shall cause to be
examined the signature, shall place a check mark beside the name of each signer who is
qualified and registered to vote in that county in the area proposed to be incorporated, and
shall attach to the petition a certificate stating the number of voters registered in that
county in the area proposed to be incorporated, and the total number of registered voters
who have been verified. The county board of elections shall return the petition to the
person who presented it within 15 working days of receipt. That period of 15 working
days shall be tolled for any period of time that is also either two weeks before or one
week after a primary or election being conducted by the county board of elections.
(c) The petition must include a proposed name for the city, a map of the city, a list
of proposed services to be provided by the proposed municipality, the names of three
persons to serve as interim governing board, a proposed charter, a statement of the
estimated population, assessed valuation, degree of development, population density, and
recommendations as to the form of government and manner of election. The petition must
contain a statement that the proposed municipality will have a budget ordinance with an
ad valorem tax levy of at least five cents (50) on the one hundred dollar ($100.00)
valuation upon all taxable property within its corporate limits. The petition must contain a
statement that the proposed municipality will offer four of the following services no later
than the first day of the third fiscal year following the effective date of the incorporation:
(i) police protection; (ii) fire protection; (iii) solid waste collection or disposal; (iv) water
distribution; (v) street maintenance; (vi) street construction or right-of-way acquisition;
(vii) street lighting; and (viii) zoning. In order to qualify for providing police protection,
the proposed municipality must propose either to provide police service or to have
services provided by contract with a county or another municipality that proposes that the
other government be compensated for providing supplemental protection. The proposed
municipality may not contain any noncontiguous areas.
(d) The petitioners must present to the Commission the verified petition fi"om the
county board of elections.
(e) A petition must be submitted to the Commission at least 60 days prior to
convening of the next regular session of the General Assembly in order for the
Commission to make a recommendation to that session.
§ 120-164. Norification.
(a) Not later than five days before submitting the petition to the Commission, the
petitioners shall notify:
( 1 ) The board or boards of county commissioners of the county or counties
where the proposed municipality is located;
(2) All cities within that county or counties; and
G.S. 120-158 Page:
(3) All cities in any other county that are within five miles of the proposed
municipality of the intent to present the petition to the Commission,
(b) The petitioners shall also publish, one per week for two consecutive weeks,
with the second publication no later than seven days before submitting the petition to the
Commission, notice in a newspaper of general circulation in the area proposed to be
incorporated of the intent to present the petition to the Commission.
§ 120-165. Initial inquiry.
(a) The Commission shall, upon receipt of the petition, determine if the
requirements of G.S. 120-163 and G.S. 120-164 have been met. If it determines that those
requirements have not been met, it shall return the petition to the petitioners. The
Commission shall also publish in the North Carolina Register notice that it has received
the petition.
(b) If it determines that those requirements have been met, it shall conduct further
inquiry as provided by this Part.
§ 120-166. Additional criteria; nearness to another municipality.
(a) The Commission may not make a positive recommendation if the proposed
municipality is located within one mile of a municipality of 5,000 to 9,999, within three
miles of a municipality of 10,000 to 24,999, within four miles of a municipality of 25,000
to 49,999, or within five miles of a municipality of 50,000 or over, according to the most
recent decermial federal census, or according to the most recent armual estimate of the
Office of State Budget, Planning, and Management if the municipality was incorporated
since the return of that census.
(b) Subsection (a) of this section does not apply in the case of proximity to a
specific municipality if:
(1) The proposed municipality is entirely on an island that the nearby city is
not on;
(2) The proposed municipality is separated by a major river or other natural
barrier from the nearby city, such that provision of municipal services
by the nearby city to the proposed municipality is infeasible or the cost
is prohibitive, and the Commission shall adopt policies to implement
this subdivision;
(3) The municipalities within the distances described in subsection (a) of
this section by resolution express their approval of the incorporation; or
(4) An area of at least fifty percent (50%) of the proposed municipality has
petitioned for annexation to the nearby city under G.S. 160A-31 within
the previous 1 2 months before the incorporation petition is submitted to
the Commission but the annexation petition was not approved.
§ 120-167. Additional criteria; population.
The Commission may not make a positive recommendation unless the proposed
municipality has a permanent population of at least 100 and a population density (either
permanent or seasonal) of at least 250 persons per square mile.
§ 120-168. Additional criteria; development.
G.S. 120-158 Page 3
The Commission may not make a positive recommendation unless forty percent
(40%) of the area is developed for residential, commercial, industrial, institutional, or
governmental uses, or is dedicated as open space under the provisions of a zoning
ordinance, subdivision ordinance, conditional or special use permit, or recorded
restrictive covenants.
§ 120-169. Additional criteria; area unincorporated.
The Commission may not make a positive recommendation if any of the proposed
municipality is included within the boundary of another incorporated municipality, as
defined by G.S. 153A-1(1).
§ 120-169.1. Additional criteria; level of development, services; financial impact on
other local governments.
(a) Repealed by Session Laws 1999-458, s. 4.
(b) Services. - The Commission may not make a positive recommendation imless
the area to be incorporated submits a plan for providing a reasonable level of municipal
services. This plan shall be based on the proposed services stated in the petition under
G.S. 120-163(c).
(c) The Commission in its report shall indicate the impact on other municipalities
and counties of diversion of akeady levied local taxes or State-shared revenues from
existing local governments to support services in the proposed municipality.
§ 120-170. Findings as to services.
The Commission may not make a positive recommendation unless it finds that the
proposed municipality can provide at a reasonable tax rate the services requested by the
petition, and finds that the proposed municipality can provide at a reasonable tax rate the
types of services usually provided by similar municipalities. In making findings under
this section, the Commission shall take into account municipal services already being
provided.
§ 120-171. Procedures if findings made.
(a) If the Commission finds that it may not make a positive recommendation
because of the provisions of G.S. 120-166 through G.S. 120-170, it shall make a negative
recommendation to the General Assembly. The report to the General Assembly shall list
the grounds on which a negative recommendation is made, along with specific findings.
If a negative recommendation is made, the Commission shall notify the petitioners of the
need for a legally sufficient description of the proposed municipality if the proposal is to
be considered by the General Assembly. At the request of a majority of the members of
the interim board named in the petition, the Commission may conduct a public hearing
and forward any comments or findings made as a result of that hearing along with the
negative recommendation.
(b) If the Commission determines that it will not be barred from making a positive
recommendation by G.S. 120-166 through G.S. 120-170, it shall require that petitioners
have a legally sufficient description of the proposed municipality prepared at their
expense as a condition of a positive recommendation.
G.S. 120-158 Page 4
(c) If the Commission determines that it is not barred from making a positive
recommendation, it shall make a positive recommendation to the General Assembly for
incorporation.
(d) The report of the Commission on a petition shall be in a form determined by
the Commission to be useful to the General Assembly.
§ 120-172. Referendum.
Based on information received at the public hearing, the Commission may
recommend that any incorporation act passed by the General Assembly shall be
submitted to a referendum, except if the petition contained the signatures of fifty percent
(50%) of registered voters the Commission shall not recormnend a referendum.
§ 120-173. Modification of petition.
With the agreement of the majority of the persons designated by the petition as an
interim governing board, the Commission may submit to the General Assembly
recommendations based on deletion of areas from the petition, as long as there are no
noncontiguous areas.
§ 120-174. Deadline for recommendations.
If the petition is timely received under G.S. 120-163(e), the Commission shall make
its recommendation to the General Assembly no later than 60 days after convening of the
next regular session after submission of the petition.
G.S. 120-158 Pages
APPENDIX C
BEFORE
THE JOINT LEGISLATIVE COMMISSION
ON MUNICIPAL INCORPORATIONS
IN THE MATTER OF THE
INCORPORATION OF
THE TOWN OF
SUNSET HARBOR,
BRUNSWICK COUNTY,
NORTH CAROLINA
PETITION FOR INCORPORATION
THE PETITIGNERS, The Committee For the Incorporation of Sunset Harbor, by
and through its below signed members, BEN HADDEN and GILBERT C. HOWELL, pursuant
to and under the laws of the State of North Carolina, including North Carolina General
Statutes §120-163 and §120-164, respectfully petition and move for the incorporation of the
Town of Sunset Harbor located in Brunswick County, North Carolina, and submit said petition to
the Joint Legislative Commission on Municipal Incorporations (herein "Commission"), as
follows:
1 . The petitioners have obtained a written petition asking for the incorporation of the
Town of Sunset Harbor. A copy of said petition is attached hereto as Exhibit A and incorporated
herein by reference.
2. The Brunswick County Board of Elections has examined the petition submitted
herewith and has issued its verification that the petition is signed by 146 persons who are
qualified and registered to vote and who are residing in the area to be incorporated, that the total
number of voters registered in the county in the area to be incorporated is 298. A copy of said
33043
Certification is attached hereto as Exhibit B and incorporated herein by reference. The voters
signing said petition constitute 49% of the total registered voters in the area to be incorporated.
3. The proposed name for the city is "Town of Sunset Harbor".
4. A description and map of the area to be incorporated is attached hereto as Exhibit
C and incorporated herein by reference.
5. A Hst of the proposed services to be provided by the municipahty is attached as
Exhibit D and incorporated herein by reference.
6. The names of the individuals to serve on the interim governing board are attached
as Exhibit E and incorporated herein by reference.
7. A proposed charter for the municipality is attached as Exhibit F and incorporated
herein by reference.
8. A statement of the estimated population, assessed valuation, degree of
development, population density is attached as Exhibit G and incorporated herein by reference.
9. A statement containing the form of government and manner of election is attached
as Exhibit H and incorporated herein by reference.
10. A statement containing information on the proposed budget ordinance for the
proposed municipality is attached as Exhibit I and incorporated herein by reference.
1 1 . The proposed mimicipahty will provide four of the following services no later
than the first day of the third fiscal year following the date of incorporation: (i) police protection,
(ii) fire protection, (iii) solid waste collection or disposal, (iv) water distribution, (v) street
maintenance, (vi) street construction or right of way acquisition, (vii) street lighting, (viii)
zoning.
12. The proposed municipality initially will provide police protection by contract with
33043 2
the Brunswick County Sheriff's Department. This will be a continuation of the service currently
provided. This service will continue until the proposed municipality is able to provide such
services for itself A copy of a written commitment from the Brunswick County Sheriffs
Department to provide police protection is attached hereto as Exhibit J and incorporated herein
by reference.
1 3 . The proposed mimicipality contains no non-contiguous areas.
14. Pursuant to the requirements of North Carolina General Statutes §120-164, not
later than five (5) days prior to submitting this petition to the Commission, the Petitioners
notified the Brunswick County Board of County Commissioners and all cities and towns within
Brtmswick Coimty, via certified mail, return receipt requested of their intent to present this
petition to the Commission. A certification by the petitioner of the service of said notification is
attached hereto as Exhibit K and incorporated herein by reference.
15. Pursuant to the requirements of North Carolina General Statutes §120-164, the
Petitioners have published a notice of intent to present this petition to the Commission in a local
newspaper of general circulation in the area proposed to be incorporated, once a week for two
consecutive weeks, with the second publication no later than seven (7) days prior to the
submission of the petition to the Commission. An affidavit of publication of such notice is
attached hereto as Exhibit L and incorporated herein by reference.
16. The proposed Town of Sunset Harbor is within 1 mile of the Town of Oak Island,
with a population of 6,572 in the 1999 census. However, the proposed municipality is separated
from the Town of Oak Island by the natural barrier of the Intracoastal Waterway, making the
provision of municipal services by the Town of Oak Island to the proposed municipality not only
infeasible, but impossible.
33043 3
1 7. The proposed Town of Sunset Harbor has a population of 474, with a population
of at least 250 persons per square mile.
1 8. Approximately 70% of the proposed Town of Sunset Harbor is developed for
residential or commercial uses.
19. No part of the proposed Town of Sunset Harbor is included within the boundary
of another municipality.
NEXT PAGE IS SIGNATURE PAGE
33043
This the jQ^^ day of 4py-tl , 2002.
PETITIONERS COMMITTEE FOR THE INCORPORATION OF SUNSET HARBOR
By:
le: BenHaddon
Title: Committee Member
By: .y^^lJ/^ (l.AJcn.rT^
Name: Gilbert C. Howell
Title: Committee Member
33043
EXHIBIT A
PETITION FOR INCORPORATION
33043
///^' Jc-i'
.1
/ SJgNATURE NAME
f^lTu^ Q^/r^^ Icaayft*^. /Adams, Thomas McLean
y^^^g^
''/
Wc, the undersigned respectfully request that the General Assembly consider this plea to
incorporate our community. We do solemnly affirm that we are the permanent residents of
Sunset Harbor located in Brunswick County, North Carolina, and registered voters in the
Lockwood Folly Township.
n^i^^o '.^ J.
i _Ashley, Tankerslcy L.
4
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Almond, Charles Luther
Almond, James Edward
Almond, Paul Aim
^ll5hin<, Marie G.
iin^, Needom P.
Anderson, Susie E.
Bailey, Robert R.
Bailey, Ruby J.
Ball, Jamie Rivenbark
Barfield, Billie Ann
Barnard, Grady A.
Barnard, Patricia Ann
Barnes, Mylinda M.
Bamett, Wayne Virgil
Barth, Jennifer Leigh
.gatchelor, Kitty L.
Benson, Gary Bruce
Benson, Henry Royce
^-fJH'-/^/^ cr^ ^enson. Mary Dallas
^-^^ Benton, Hamette G.
'/yj \f >/" . . /^-/^ -</^l~^'^^"^°"' ^^^ Patrick
t^Mti
dw^
iu.^f^>^^ Afi
Mhut-J.
Berryhill, Michelina S.
ADDRESS
531 Harbor Dr. S.E.
640 Brookneal St. S.E.
640 Brookneal St. S.E.
640 Brookneal St., S.E.
610 Brookneal St. S.E.
610 Brookneal St. S.E.
3902 Palm St. S.E.
701 Forest Dr. S.E.
615 Cumberland St. S.E.
615 Cumberland St. S.E.
664 Darby Dr. S. E.
580 Lockwood Folly Rd. SE
577 Loclwppd Folly Rd. SE
640 Brookneal St. S.E.
693 Sunset Dr. S.E.
3959 Sunset Harbor Rd. S.E.
623 Darby St. S.E.
474 Ohio St. S.E.
603 Bayshore Dr. S.E.
603 Bayshore Dr. S.E.
603 Bayshore Dr. S.E.
635 Lockwood Folly Rd. SE
635 Lockwood Folly Rd. SE
Bishop, Grace McCuUen
Boling, Mary W.
572 Bayshore Dr. S.E.
647 Harbor Dr. S.E.
Boling, Philip V.
Bosley, James David
Bottoms, Dennis Wayne
Bottoms, Raymond C.
Bowling, Clarence E.
wling, Eva Orene
Bowling, Ronald Bradley
Breece, Bonnie Patricia
Breecc, Candra Lynn
Brigman, Wanda L.
Brittain, Mary Mercer
r/37^ '.L.^ A:^,^,^^ Brown,'jr. Willi^i^
Tts* »' «^^
^<Vayi-yfc7/<> ^rLi^ Byrd, Lester Edwood
Burr, Estelle L.
561 Lockwood Folly Rd. SE
561 Lockwood Folly Rd. SE
610 Sixth St. S.E.
576 Beachview Dr. S.E.
576 Beachview Dr. S.E.
440 Grand River Dr. S.E.
440 Grand River Dr. S. E.
440 Grand River Dr. S.E.
PHONE
842-1565
842-9015
842-9015
842-8107
842-8107
842-3797
842-7196
842-7196
842-3596
846-4419
842-9015
842-6691
842-2942
842-1198
842-7853
842-7853
842-7853
842-2504
842-250-1
842-5811
754-6900
842-5114
842-5114
842-2641
842-2641
451 Lockwood Folly Rd. SE
451 Lockwood Folly Rd. SE
605 Lockwood Folly Rd. SE
618 Brookneal St. S.E.
668 Bayshore Dr. S.E.
622 Cumberland St. S.E.
3724 Palm St. S.E.
842-2641
842-8922
q
842-8928
842-7330
842-8923
842-2006
3.
i'i )
(^^^^^
9/
III ii
We, the undersigned respectfully request that the General Assembly consider this plea to
incorporate our community. We do solemnly affirm that we are the permanent residents of
Sunset Harbor located in Brunswick County, North Carolina, and registered voters in the
Lockwood Folly Township.
h.o^^
Mbt<^
'^6 J Off
-. .//<-/??] t,^'^ 79 I Cooper, Richard James
Vfj; <f^ ^^^V j-Core.K athli^ivM:
y-cz^jT. /'^
A-^v^^^HX^
^. ,^ 7 ^ uume,
V\l>.Ao^.^|AlJ<a
^^
Byrd, LisajCr<c»)g< )
Caddell, Christine Ann
Caddell, Harole Laveme
Caimady, MaeF./
Carter, Glenda L.
Carter, James
Carter, James W.
Carver, James Lee. Jr.
Carver, Vickie Camp
Cersosimo, Richard Paul
Cersosimo, Vemell Peeler
Clayton, Joan F.
Clemmons, Amy Knox
Clenunons, Brian Matthew
Clybum, Kara Michelle
Comer, Roger Drake
[lonard, Debra S.
i^onard, Jerry Lee o \~\^
Conard, II, Leonard Bryant
Cooper, Lorraine Ruth
Cox, William Oswin
Crawford, Charle:
Cupples, Peggy 0.
^
Currie, Henry Lee
Currie, Joyce H.
Darrell Wayne
Elaina Jean
Dawkins, Cindy Ann 43l5
T>>li2^V^«3Dawkins, Sr., James R. Harbpf ' 68 J Sunsot Dr rS'rEr
Dean, William Howard
Edge, Barbara H.
Edge, Joan D.
Edge, Leonard C.
Edge, Miles O.
Edwards, Joyce Cox
Egnatz, Robert Dale
Eickholt, Beverlee Dale
Ellington, Billy C. ^.'^Q f iljs54 Bayshore Dr. S.E
Ellington, Jean Johnson
511 Bayshore Dr. S.E.
619 Darby St. S.E.
619 Darby St. S.E.
670 Cumberland St. S.E.
673 Brookneal St. S.E.
678 Bayshore Dr. S.E.
673 Brookneal Dr. S.E.
630 Bayshore Dr. S.E.
630 Bayshore Dr. S.E.
3784 Sunset Harbor Rd. SE
3784 Sunset Harbor Rd. SE
618 Lockwood Folly Rd. SE
374 Riverview Dr. S.E.
374 Riverview Dr. S.E.
559 Roxboro St. S.E.
3969 Swain St. S.E.
460 Cedar View Dr. S.E.
460 Cedar View Dr. S.E.
530 Lockwood Folly Rd. SE
693 Forest Dr. S.E.
693 Forest Dr. S.E.
527 Harbor Dr. S.E.
396 Lockwood Folly Rd. SE
483 Lockwood Folly Rd. SE
630 Bayshore Dr. S.E.
636 Randolph St. S.E.
636 Randolph St. S.E.
605 Beachview Dr. S.E.
605 Beachview Dr. S.E.
3891 Hickory View Dr. SE
2774 Pabn St. S.E.
3786 Palm St, S.E.
3774 Palm St. S.E.
3786 Palm St. S.E.
613 Lockwood Folly Rd. SE
681 Randolph St. S.E.
3928 Cross St. S.E.
842-6728
842-2768
846-6042
846-6042
842-7549
842-7549
846-3462
842-4457
842-1229
842-6116
842-2686
842-2741
842-691 :
842-9558
846-7679
842-7289
842-4200
842-3102
842-4200
842-3102
842-5728
842-3136
846-7211
654 Bayshore Dr. S.E.
846-7211
/^
Wc, the undersigned respectfully request that the General Assembly consider this plea to
incorporate our conununity. We do solemnly affirm that we are the permanent residents of
Sunset Harbor located in Brunswick County, North Carolina, and registered voters in the
Lockwood Folly TowTiship.
M#*<i/
'4-
Elliott, Debbie Goldsmith 53 1 Bayshore Dr. S.E
Estep, Paula Jean
Fabley, Perry C.
Fabley, Sylvia M.
Faircloth, Steven W.
"^UdM^^
Falandysz, Joyce Helen
Falandysz, Richard John 338 Hickory View Dr. SE
547 Brookneal St. S.E.
681 Bayshore Dr. S.E.
681 Bayshore Dr. S.E.
637 Bristol St. S.E.
3887 Hickory View Dr. SE
Feazelle, Evelyn Workman 6 1 Sixth St.
Fielder, Brenda Ruth
Fletcher, Marvin R.
Flowers, Carolyn N.
Floyd, Sr., Danny Ivy
Floyd, Deborah Henry
Floyd, Deborah Seay
Floyd, James David
if,^.^, yj^reeman, Patricia A.
AitrT4A
Gainey, Linda Smith
Gainey, Merton Robert
Gentry, Clyde E.
Gentry, Marie B.
5 1 6 Lockwood Folly Rd. SE 846-3 1 1 70923
668 Bayshore Dr. S.E.
842-7703
842-1603
842-0146
842-0146
842-8923
3918 Sunset Harbor Rd. SE 842-2961 62342
3880 Palm St. S.E.
3841 Palmetto Lane S.E.
681 Harbor Dr. S. E.
681 Harbor Dr. S.E.
623 Darby St. S.E.
623 Darby St. S.E.
476 Grand River Dr. S.E.
476 Grand River Dr. S.E.
467 Hollyview Dr. S.E
" 609 Lockwood Folly Rd. SE 842-7183 28721
478 Hollyview Dr. S.E.
846-2656
842-2852
842-6908
457-4357
842-9880
842-9880
842-2780
Hollyview Dr. S.E.
479 Grand River Dr. S.E.
Gentry, Mary P.
Grainger, Ronald Alison 6 1 3 Lockwood Folly Rd. SE 842-2047
Grainger, Shirley M.
Greenwell, Steven M.
I Greiner, Freddie Karl
< fnynuJ^SJ^-^^^J^O*-" Grogan, Emmie McLean
A^PiCQ>/C^'tyijGrogan, James Michael
' '^ 7 ^^arvey. Gloria S.
Tg>v.w^
Haynes, June N.
"rllZH^.^Ji Hedrick, Kenneth E.
^iwrn^
r/>/^^
479 Grand River Dr. S.E.
582 Beachview Dr. S.E.
577 Lockwood Folly Rd. SE 842-4644 1 994 1
634 Beachview Dr. S.E.
3952 Cross St. S.E.
687 Jason St. S.E.
687 Jason St. S.E.
846-4699
842-94^6
842-5667
842-5320
686 Harbor Dr. S.E.
546 Roxboro St. S.E.
601 Hanover St. S.E.
Helms, Verla Mae
^ ^' >6^::^-Hewetlcaro_lYni ane
■ t^-^ Y^^^^" Hewett. Etheridge L.
Hickman, Harriett Bogie
Hickman, Jerry W.
\^/ ^W^ ^g"^- AmoldT
583 Hanover St. S.E.
3848 Point Road
3848 Point Road
498 Cedar View Dr. S.E.
842-5320
842-2536
842-8304
842-5726
498 Cedar View Dr. S.E.
507 Grand River Dr. S.E.
846-4046
842-8951
/_v
44088
47592
63039
63038
70952
40967
40966
70976
66177
7656
30123
70729
70728
45782
70973
29359
29360
8045
64197
70724
8864
8867
30567
3J3»/ 7/
/^/t7/sij CMjl
Q
4 i'
We, the undersigned respectfully request that the General Assembly consider this plea to
incorporate our community. We do solemnly affirm that we are the permanent residents of
Sunset Harbor located in Brunswick County, North Carolina, and registered voters in the
Lockwood Folly Township.
''^ Zd 'bolder, Franks.
^)liulse, Philip George
^f /fi. . Jackson, William James
•TAOVl «-^
jdjuJh W, "/yyi..^^^^ -^anus, Paula H.
'^TnJJhi^
cud^ yj-i >ri<i^'.L McCall. Ada Mae
Ji)ny£t-^'
/Higgins, Wilda G.
Hinson, Alfred G.
Hinson, Shirley T.
lolder, Margaret A.
Horsjtfall, Ruby L.
Howell, Gilbert C.
^ell, Mary Frances Inman
Hudson, Patrick Shawn
■Huggins, Waklon G.
Hulse, Doris Reiner
Hulse, Valerie J.
Hundley, Elizabeth Ann
Hundley, Kenneth Wayne
Jackson, Betty Bradshaw
Jones, Donna Hinson
Joyce, Charles G.
Koon, Shirley M.
Lambert, Jerry O.
Landreth, Jamie J.
idreth, L. Derwood
Lewis, James L.
Lewis, Ronnie Del
Locklear, Sonya
Long, Viola M.
Lucas, Paul Eli
OS^ /f/2ouj^ ,31anus, Richard Lee
Mason, Jean W.
Mason. Raymond Dwight
Mathis, Brenda White
Mathis, Ervin Olin
McCall, Charles Wade
McCall, Eric Wade
McCall, Janet Green
McCuiston, Kim Tuttle
McCuiston, Mark Jenkins
McDowell, Roderick D.
507 Grand River Dr. S.E.
629 Bayshore Dr. S.E.
629 Bayshore Dr. S.E.
690 Canal Dr. S.E.
690 Canal Dr. S.E.
636 Lockwood Folly Rd. SE
698 Sunset Dr. S.E.
698 Sunset Dr. S.E.
3882 Hickory View Dr. S.E.
531 Bayshore Dr. S.E.
621 Beachview Dr. S.E.
652 Randolph St. S.E.
652 Randolph St. S.E.
615 Harbor Dr. S.E.
615 Harbor Dr. S.E.
3872 Redwing St. S.E.
3872 Redwing St. S.E.
664 Darby St. S.E.
512 Lockwood Folly Rd. SE
678 Bayshore Dr. S.E.
651 Gervaes St. S.E.
688 Sunset Dr. S.E.
688 Sunset Dr. S.E.
3841 Palmetto Lane S.E.
635 Hanover St. S.E.
673 Darby St. S.E.
559 Bayshore Dr. S.E.
3806 Swain St. S.E.
650 Canal Dr. S.E.
650 Canal Dr. S.E.
487 Ohio St. S.E.
487 Ohio St. S.E.
634 7^ St. S.E.
634 7"^ St. S.E.
436 Grand River Dr. S.E.
3801 A St. S.E.
3801 A. St. S.E.
3801 A. St. S.E.
689 Sunset Dr. S.E.
689 Sunset Dr. S.E.
3928 Cross St. S.E.
842-2983
842-9885
842-7223
842-9980
842-9983
842-6195
846-3434
842-3900
842-9586
842-3596
842-6089
842-2761
842-690J
842-2614
842-9015
842-3670
842-2644
842-3136
-9
We, the undersigned resjxictfully request that the General Assembly consider this plea to
incorporate our community. We do solemnly afTirm that we are the permanent residents of
Siinset Harbor located in Brunswick County, North Carolina, and registered voters in the
Lockwood Folly Township.
r>0\JL^x-> roC-hi^McPowell. RosalynPalee
js:?!
TTTT
^rcuX
I ^_^ Morrozoii, wiiuam
X/3f y £,al^. S. -nuiJv*>Ucr^ Nicholson, Betty B.
McDowell, Ruby Lee
McGee, Benita Dameron
McGinnis, Henry Allen
McGinnis, Roy Everette
McMillian, George W.
McPherson, Jr.. Ronald Dale 559 Roxboro St. S.E
McVay, Dana C.
McVay, Michael R.
Mears, Michael Wayne
Miller. Jeffrey Frederick
/vu>^.^A*Uj:*Merritt, Ramona Cook
Miller, Terri B.
Mills, Nancy Harvell
-Morgan, Scarlett B.
Morrozoff, Linda Gray
MorrozofT, William Edward 477 Ohio St. S.E.
3928 Cross St. S.E.
3928 Cross St. S.E.
680 Forest Dr. S.E.
687 Canterbury St. S.E.
687 Canterbury St. S.E.
687 Canterbury St. S.E.
635 Harbor Dr. S.E.
578 Brookneal St. S.E.
578 Brookneal St. S.E.
652 Darby St. S.E.
652 Darby St. S. E.
652 Darby St. S.E.
3879 Redwing St. S.E.
3868 Point Rd. S.E.
622 Cumberland St. S.E.
3858 Point Rd. S.E.
654 Brookneal St. S.E.
477 Ohio St. S.E.
842-1683
842-5615
842-5615
842-1287
842-2881
842-9664
842-5798
r/y^ y ^W^ £1 tuJ^iU-*^ Nicholson. Billy H
/^i
Nicholson, Kay Vernon
Nolan, Charles L.
Nolan, Kathy McKee
Nolen, Patrick Jason
Nunnery, Bruce Allen
Nunnery, Joseph Rolen
Oxendine, Janice
Oxendine, John H.
Oxendine, Ralph
Pagan, Bemadette Margaret 659 Oxford St. S.E.
Page, Daniel Cleveland
Page, Michele Ann
3820 Palm St. S.E.
3820 Palm St. S.E.
677 Bayshore Dr. S.E.
627 Hanover St. S.E.
627 Hanover St. S.E.
842-4197
627 Hanover St. S.E.
514 Roxboro St. S.E.
3875 Hickory View Dr. S.E. 842-3479
621 Harbor Dr. S.E.
621 Harbor Dr. S.E.
526 Brunswick St. S.E.
455 Ironwood Dr. S.E.
Park, Leo
Parker, Charles R.
^arker, Ruby Rachel
Phillips, Brenda Parker
- |f/^<f^ IK^^tJ^ X;.^j/'ipes. Leola Knight
455 Ironwood Dr. S.E.
638 Bayshore Dr. S.E.
563 Roxboro St. S.E.
563 Roxboro St. S.E.
609 Lockwood Folly Rd SE
846-0176
842-2957
842-4623
842-5849
842-2005
842-7352
842-7183
3720 Palm St. S.E.
540 Ironwood Dr. S.E.
701 Forest Dr. S.E.
842-3858
842-7529
842-3797
/ /•* ^ ^^JOvk fy/^^^^^jtowell. Jessie Dean Sr.
ynjs) J
v^/^:^^^
/
fO/A9Jff
C/n/zi
We, the undersigned respectfiiUy request that the General Assembly consider this plea to
incorporate our community. We do solemnly affirm that we are the permanent residents of
Sunset Harbor located in Brunswick County, North Carolina, and registered voters in the
Lockwood Folly Township.
Nixjc^
f1(.\/ c</
U^
^(Mci
Moyt.<L
S
7^^
H»^.:f:/ J?.,yA
hf' rj(-'ljd(-
I4**>ctf
^1^
'U^cet^ujQ^
■4-
Plessinger, Patricia White
Powell, Jr., Lonnie Ebenezer
Price, John Stephen
Price, Monica Williams
Price, Paula Chandler
Puleo, Charles William
Puleo, Dora Mae
Puleo, Jimmy Sebestain
Ramsey, Robert Douglas
Ramson, Bobbi Jo /
Ray, Charles Ray
ay, Daniel James
Ray, Darlene H.
Ray, Marjory C.
Reed, Donna Ann
Reilly, Eleanor
Reilly, Kenneth J.
Reiner, George H.
Rhodes, George Steven
Rhodes, Mary T.
Rhodes, Thomas Earl
Richardson, Rose Long
Richardon, Liston Randy
Rivenbark, Donna H.
Rivenbark, James Robert
jvenbark, Louise V.
Rivenbark, Timothy Shane
Rivenbark, Toby Ann
Roberts, Larry E.
Roberts, Patsy A.
Royal, Armon O.
Royal, Junious H.
Royal, Shirley F.
Rudcco, Maureen F.
Rudcco, William D.
Saunders, Gary Lee
Schepker, Gayla Sue
Seay, Irene Tracewell
3879 Point Rd. S.E.
3879 Point Rd. S.E.
3887 Palm St. S.E.
3887 Palm St. S.E.
549RandolfSt. S.E.
412 Cedar View St. S.E.
412 Cedar view St. S.E.
637 Bristol St. S.E.
693 Gervais St. S.E.
693 Gervais St. S.E.
693 Gervais St. S.E.
580 Third St. S.E.
647 Harbor Dr. S.E.
558 Beachview St. S.E.
690 Harbor Dr. S.E.
690 Harbor Dr. S.E.
651 Hanover St. S.E.
580 Third St. S.E.
503 Bayshore Dr. S.E.
503 Bayshore Dr. S.E.
621 Beachview Dr. S.E.
3897 Point Road S.E.
3897 Point Road S.E.
3730 Palm St. S.E.
472 Crossland Rd. S.E.
1 D26 Midway R tmet^r^sUr^sT lr
664 Darby St. S.E.
3825 C. Street S.E.
3825 C. Street S.E.
664 Darby St. S.E.
3825 C. Street S.E.
541 Harbor Dr. S.E.
541 Harbor Dr. S.E.
629 Brunswick St. S.E.
546 Roxboro St. S.E.
546 Roxboro St. S.E.
449 Cedar View Dr. S.E.
449 Cedar View Dr. S.E.
419Holly ViewDr. S.E.
530 Lockwood Folly Rd SE
631 Darby St. S.E.
842-2401
842-5677
842-2637
842-2883
842-5811
846-2030
842-6117
842-2617
842-9983
842-3987
842-5153
846-3380
846-3380
842-2301
846-3669
846-3669
842-1341
842-1341
846-5605
754-7760
842-7733
We, the undersigned respectfully request that the General Assembly consider this plea to
incorporate our community. We do solemnly afilrm that we are the permanent residents of
Sunset Harbor located in Brunswick County, North Carolina, and registered voters in the
Lockwood Folly Township.
L^i/ y ^^z^Z^-tvw^ /6>Cl^
I I Smith, Garren Daffm
i,/33 J jlrrAyy^ . JIuM ^a Jwu i^mith. Joanne Gubbins
-/ Smith, Mickey Ryan
7T
Seay, Jr. Robert Hulie
Semmens, James Wesley
631 Darby St. S.E.
Semmens, Karen Larue
Shane, Daniel Kelly /
Sharer, Sara Lee
Shea, Madonna A.
r -/^^i^if^-y.,^^ A>iu^ bhea, Maoonna a.
Cnojcd'y V ( Simmons. Sr. Otis L.
( JUvg/ Q>I' LiMAt^JJ ^mith. Andrew Lewis
Smith, Phyllis Coley
521 Brunswick St. S.E.
521 Brunswick St. S.E.
530 Lockwood Folly Rd. SE
576 Beachview Dr. S.E.
382 Lockwood Folly Rd. SE
559 Brookneal St. S.E.
669 Cumberland St. S.E.
478 Holly View Dr. S.E.
842-7733
842-Z426
842-2426
842-6116
842-5114
842-8489
842-3937
669 Cumberland St. S.E.
664 Gervais St. S.E.
Smith, Valeria Yarborough
Sours, Shane Lee
Spears. Larry L.
^ Spengler, Betty Knigtit
y ., Spengler, Stanley Clair
\ X ^- yii iX^l''^ acKSi. George, Tommy Pamell
j 7?l/a:7l.-^ Stnes.Gary
Strickland, Loretta Lynn
478 Hollyview Dr. S.E.
664 Gervais St. S.E.
576 Ironwood Dr. S.E.
3862 Cross St. S.E.
698 Forest Dr. S.E.
698 Forest Dr. S.E.
634 Beachview Dr S.E.
624 Beachview Dr. S.E.
484 Cedarview Dr.
Sullivan, Keith Edward
^ ""j^^j^ incw, fwcvui i-^wis
•.^:^7>>u^ .-^ ew. Marguerite J
^IptSc^
^>v) y):/(
l£iS2
|p»-iw«i<^'.'^^t
Hn'v _^d
>-wain. Sallie P.
Thew, Kevin Lewis.
Thompson, Mary H.
Truitt, Curtis L.
Turner, Don N.
ra'umer, Jr. Don Nelson
Turner, Jermifer C.
/»/^
^
<f t^-^Cjtrg
/^-'Yri-V
Vain, Dottie O.
b 1 nJLJ^.ii . U/v . Vanlandingham.Wilhlem a ^
Vierra, Mae B.
408 Lockwood Folly Rd.
394 Riverview Dr. S.E.
695 Canal Dr. S.E.
695 Canal Dr. S.E.
842-3937
842-9849
842-5393
842-4041
842-2557
842-2557
842-2949
842-7073
842-7612
842-9300
842-8625
601 Brunswick St. S.E.
842-8625
677 Bayshore Dr. S.E.
626 Lockwood Folly Rd. SE
622 Lockwood Folly Rd. SE
622 Lockwood Folly Rd. SE
596 Seventh St.
3867 Hickory View Dr.
641 Hanover St. S.E.
Walker, Donald Edward
Wallace. Allen Ray
610 Sixth St. S.E.
Warren, Shelby Suzanne
Webster, Dolly M.
I y Webster, Walter i'.
I /^^^8^y^l/^v^-^^>.;yeisser. Bonnie Vanhouten
^i/ZA^ . \ Wells, Tracy Elizabeth
, ^ W(
essner. Joseph
: Q6ti^^l We ssner. Patricia A.
440 Randolph Dr. S.E.
842-9487
842-9487
842-5986
842-2527
842^578
490 Hollyview Dr. S.E.
654 Bayshore Dr. S.E.
654 Bayshore Dr. S. E.
663 Harbor Dr. S.E.
648 Bayshore Dr. S.E.
462 Pineview Dr. S.E.
462 Pineview Dr. S.E.
842-5676
842-3962
846-3027
/i
>S/sofH\
Jauj'
'TjHM
JM.
v^V^^ / E^2ga^:i
!c\f^
Wc, the undersigned respectfully request that the General Assembly consider this plea to
incorporate our Qommunity. We do solemnly affirm that we are the permanent residents of
Sunset Harbor located in Brunswick County, North Carolina, and registered voters in the
Lockwood Folly Township.
Pr^f.y^ . ,/,.
^Wheeler. Douglas W.
^,Whr
T-
\PL/i/t^U\
West, Douglas L.
Wheeler, D.R.
feeler, Lemier D.
leeler, Patsy Davis
White, Lisa Gail
tehead. Donna Pigg
'^^faitehead, Richard Howard
Whitley, Virginia Weavil
Whitworth, James A.
Whitworth. Ruth C.
Wilkoit, Carolyn Hill
Willard, Betty Land
Willard, Margaret Abemathy
Willard, Phillip Wayne
Willard, Thomas Cline
Willoughby, Bobby L.
Willoughby, Gloria Bailey
Wilson, Brian D.
Wilson, Edward Earl
Wilson, Mildred C.
Wilson, Tanya Larue
Yeagle, Rosa L.
Yeagle, Thomas A.
Young, Betty A.
Young, Pamela G.
-Young, Renee Blair
Young, Richard D.
Young, Ronald Dean
7^
R nt^ fi i JA u fi-
^Idrofi Uc-s^,^} PaaJ
Sll Bayshore Dr. S.E.
591 Brunswick St. S.E.
686 Beachview Dr. S.E.
591 Brunswick St. S.E.
686 Beachview Dr. S.E.
3801 A. St. S.E.
3934 Cross St. S.E.
3934 Cross St. S.E.
670 Darby St. S.E.
3894 Hickory View Dr. S.E.
3894 Hickory View Dr. S.E.
660 Beachview Dr. S.E.
667 Oxford Dr. S.E.
554 Ironwood Dr. S.E.
650 Oxford St. S.E.
667 Oxford St. S.E.
490 Hollyview Dr. S.E.
490 Hollyview Dr. S.E.
541 Harbor Dr. S.E.
553 Brunswick St.
506 Lockwood Folly Rd. S.E.
512BrooknealSt. S.E.
635 Bayshore Dr. S.E.
635 Bayshore Dr. S.E.
598 Beachview Dr. S.E.
678 Harbor Dr. S.E.
673 Darby St. S.E.
598 Beachview Dr. S.E.
678 Harbor Dr. S.E.
^C'^ '^^r \i^c^9^\^
^•^530 5>s^<i.\^
2q^
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Q? pRpoKATL-A/
I^DR ^.ncr4>'i^^-^t
3*7 g BxpoW tOea\ s4
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c 7f^ r
h H^I
4-
S£.
842-3538
846-6024
842-3538
842-2644
846-5094
846-5094
842-9696
842-9696
842-3849
842-8898
842-3434
842-5676
842-5676
842-4869
842-7557
842-9545
842-9D45
842-4565
846-5992
842-9443
^4(o-'S-'Z-LZ
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fiw^ -1^M .<? j
^uz^i/S-^
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11
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We, the undersigned, respeafiilly request thai the General Assembly- consider this plea to incorporate our community
We do solemnly affimm that we are the permanent residents of Sunset Harbor, located m Brunswick County, North
Carolina . and registered voters in the Lockwood Folly Township
.^/'^AJg ftjt^c
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We, the undersigned, respeafuJIy request that the General Assembly consider this plea to incx)rporate our comm
We do solemnly aflBmm that we are the permanent residents of Sunset Harbor, located in Brunswick County, N(
Carolina . and registered voters in the Lockwood Folly Township.
Jk>^£5 ^ ■ l3tKv:f&t^/0
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EXHIBIT B
CERTIFICATION BY BRUNSWICK COUNTY BOARD OF ELECTIONS.
33043
BRUNSWICK COUNTY BOARD OF ELECTIONS
PO BOX 2 BOLIVIA, NC 28422
; E. Sloan, Chairman
e R. Myrle, Secretary
am A. Roach, Member
^d
9o
Lynda W. Bnti
Director of Ele li
Phone (910) 2 .2
Fax (910) 253 2'
BRUNSWICK COUNTY
PETITION CERTIFICATION
c^ U^ U« anached petition '=<1"«'2 "^"E Hhe = ^298 registered voters
^with 146 -"'^^""■^"r "ri^:"^^ «^ are derated with a red check
residing in the proposed area. Properly register
mail^
This the 26* day of November, 2001
^^^U^J^ Ou^Oy^-fiL
Louis V. Ward, Chairman
EXHIBIT C
DESCRIPTION OF AREA TO BE INCORPORATED
The boundaries for the town of Sunset Harbor, located in Brunswick County,
North Carohna, shall be as follows:
Beginning at a point in Mercer's Mill Pond Creek which is located 200 feet westwardly
from the high water line on the east side of Mercer's Mill Pond Creek along the southern
boundary of River Run Plantation, as extended to the west, as the same is shown on plats
of River Run Plantation recorded in Map Cabinet L, page 177, in the Brunswick County
Registry; thence running eastwardly with the southern boundary of River Run Plantation
as the same is shown on plats of River Rim Plantation recorded in Map Cabinet L, page
177, in the Brunswick County Registry; thence the same course across Sunset Harbor
Road (State Road #1112) to the western boundary of the property shown on a plat entitled
"ALTA/ACSM Land Title Survey For Brunswick Commercial LLC, A Delaware Limited
Liability Co.", recorded in Map Cabinet 20, page 450, Brunswick County Registry;
thence southwardly with the western boundary of the property shown on said plat
recorded in Map Cabinet 20, page 450, Bnmswick County Registry, to a point where said
western boundary extended to the south intersects with the boimdary line of Lockwood
Folly Township and Smithville Township in the U. S. Intracoastal Waterway; thence
westwardly with the boundary line of Lockwood's Folly Township and Smithville
Township in the U. S. Intracoastal Waterway, to a point where a line ruiming parallel to
and 200 feet from the high water line on the east side of Mercer's Mill Pond Creek
extended to the south intersects with said boundary line of Lockwood Folly Township
and Smithville Township in the U. S. Intracoastal Waterway; thence northwardly with
said line parallel to and 200 feet from the high water line on the east side of Mercer's Mill
Pond Creek to a point, the place and point of beginning.
Excepted from the description contained herein, are any islsmds located in Mercer's Mill
Pond Creek and lying either partially or wholly within 200 feet of the high water line on
the east side of Mercer's Mill Pond Creek.
33043
EXHIBIT D
PROPOSED SERVICES TO BE PROVIDED
33043
STATEMENTOF SERVICES
TOWN OF SUNSET HARBOR
As soon after incorporation as possible, priority will be given to establishing a Planning
Board to begin the process of developing a zoning ordinance for the Town of Sunset Harbor.
This is in response to our citizens' expressed desire to maintain and improve the public safety,
cleanliness and beautification of our community, and for the regulation of development in order
to preserve the quality of life in the community.
Initially, police protection will continue to be provided by the Brunswick County
Sheriffs Department under an agreement with the town. The tovm will provide solid waste
collection and disposal services under an agreement with Brunswick County's current sohd waste
collector. The town will provide water service under an agreement with the Brunswick County.
Fire protection services will continue to be provided by the Brunswick County Volunteer Fire
Department. The proposed tovm will provide street hghting under an agreement with Brunswick
Electric Cooperative. The state of North Carolina will provide street maintenance for a majority
of the streets in the town. Certain of the streets will be maintained by the proposed town.
33043 10
0S-I0-D2 14:26
From-MURCHISON TAYLOR i GIBSON LLP
BRUNSWICK
ELECTRIC
MtAIUf KiJ1ll> COK)'OKAriON
T-780 P 06/09 F-389
?9S Ocrtn Hwy. W, Supply, NC i
PO Bqx 826. $h»llQt«, NC :
910.75^-^391 800-842-5871 F»> 910-755
^^,
Aagasi 6, 2002
Town of Sunset Haibor
Mr. Ben Haddon
443 Hollyvicw Drive SE
Bolivia, NC 2g422
RE: Sucei Lighiing for the Town of Sunsci Harbor
Dear Mr. Haddon:
Please accept this letter as our commitment to install approximately 100
streetlights for the Town of Sunset Harbor, This proposal is based on
installing a standard lOOW HPS Fixture mounted with a 6 ft arm on an
existing BEMC utility pole. The csiimaietj installation cost is $3000 {$30
per light), while the monthly rate is $1000 ($10 per light).
If you have any questions or need additional information, please let me
know.
Sincerely,
Brunswick Electric Membership Corporation
iswpher W. Feue^.ET
ChrisK
Distrimition System Engineer
A Togch.)ione Energy* Cooperative: ?^
08-10-02 U:28 From-MURCHI$ON TAYLOR t I5IBS0N LLP WBO P 07/08 F-388
SUNSET HaRBOR/ZION HILL VOLLNTEER FIRE DEPARTMENT
2706 SUNS£T HARBOR ROaD
BOLIVIA, N C. 28422
TELEPHONE: 910/842-9449
FAX: 910/842-9474
E-MAIL; SHZHVFDi 8^aOL.COM
Daie: August 6. 2002
From: Mr. Thomas Yeagle
Presidem of ihe Board of Directors
Sunset Harbor and Zion Hill Volunteer Fire Depanmeni
To: Whom It May Concern
Ref: The Incorporation of Sunset Harbor
Dear Sir or Madam,
Please be advise that The Sunset Harbor and 21ion Hill Volunteer Fire
Department has and will continue to give fire protection service to our assigned area as
agreed to under our conuaci with Brunswick County and under any other applying
County, State, or Federal laws.
The Sunset Haabor and Zion Hill Volunteer Fire Department at this lime has no plans or
sees any future plans at ihis time to charge a fumre Curporaiion/Townsbip any vaxes or
additional fees outside of the already exisimg Brunswick County Fire Protection Fee that
will need to be paid for by the Corporations/Townships residential and commercial
property owners as outlined by Brunswick County and the Great State of Nonh Carolina.
In closing wc wish you the best of luck in your future endeavors.
Best regards.
rhomas Yeagle ^
Thomas
President of the Board of Directors
Sunset Harbor and Zion Hill Volunteer ftrc Depanmeni
' County Of Brunswick
Office Of The County Commissioners
Brunswick County Government Center
45 Courthouse Drive, NE
Bolivia, North Carolina 28422
Mailing Address: Telephoni
(910)253-2001
POST Office BOX 249 (800) 442-7033 (NC
Bolivia, NC 28422-0249 v / v
Telecop
(910)253-200
20 August, 2002
The Hon. E. David Redwine
NC House, 14'^ District
Room 635
Legislative Office Building
Raleigh, NC 27601-1096
Dear Rep. Redwine:
The Brunswick County Commissioners met in Regular Session on the 19*^ of August, 2002,
and considered a request made by the Committee to Incorporate Sunset Harbor. The request
was for uninterrupted service on certain basic amenities that the County currently provides, as
well as new items.
After a presentation, the Commissioners decided unanimously to continue to provide utility
service in the form of public water and to continue solid waste collection. The Commissioners
also decided that the County would provide ad valorem tax collection services to the new town.
All of the abovementioned services will be done by way of interlocal agreement between the
County and the Town, once it becomes incorporated. There will be a fee for the tax collection
service, and the County anticipates no change in the operation of the water and solid waste
services.
The Commissioners have long supported self-determination, but have not taken a role in
promoting or deterring the incorporation of any area in Brunswick County. The
Commissioners await the outcome of the Legislature's decision with respect to the
incorporation of Sunset Harbor.
Sin^ely yours.
Donald E. Warren, Chair
Brunswick County Commissioners
EXHIBIT E
INTERIM GOVERNING BOARD
ALDERMEN:
Dennis Ruocco, 449 Cedarview Road SE, Bolivia, NC 28422
Craig Howell, 698 Sunset Drive, Bolivia, NC 28422
Jackie Haddon. 422 Pineview SE, Bolivia, NC 28422
Roger Comer, 3969 Swain Street SE, Bolivia, NC 28422
Miles Edge, 3766 Palm Drive SE, Bolivia, NC 28422
DOB:
4/9/49
DOB
12/5/35
DOB:
2/19/31
DOB:
1/5/45
DOB:
12/19/27
MAYOR:
Elaina Darter, 605 Beachview Drive, Bolivia, NC 28422
DOB: 11/21/57
TOWN CLERK/TREASURER
Ramona Merritt, 3868 Point Road SE, Bolivia, NC 28422
DOB: 8/4
33043
11
EXHIBIT F
PROPOSED CHARTER OF THE TOWN OF SUNSET HARBOR
33043 12
CHARTER
FOR THE TOWN OF SUNSET HARBOR, NORTH CAROLINA
CHAPTER I
INCORPORATION AND CORPORATE POWERS
1-1 Incorporation . The Town of SUNSET HARBOR, in the County of Brunswick of the great
state of North Carohna, is hereby incorporated to be known as "SUNSET HARBOR,
North Carolina" and is hereby invested with all the powers, rights, privileges and
immunities conferred and imposed upon cities by the general laws of North Carolina.
CHAPTER n
CORPORATE BOUNDARIES
2-1 Boundaries of Town . Unless and until modified in accordance with law, the boundaries
for the town of Simset Harbor, located in Brunswick County, North Carolina, shall be as
follows:
Beginning at a point in the run of Mercer's Mill Pond Creek where said nm of Mercer's
Mill Pond Creek is intercepted by the southern boundary of River Run Plantation, as the
same is shown on plats of River Run Plantation recorded in the Brunswick County
Registry, as extended to the west; thence running eastwardly with the southern boundary
of River Run Plantation as the same is shown on plats of River Run Plantation recorded
in the Brunswick County Registry, thence across Sunset Harbor Road (State Road #1112)
to the western boundaries of the Old Swain property; thence southwardly with the
western boundary of the Old Swain Property to a point where said extended line intersects
with the boundary line of Lockwood Folly Township and Smithville Township in the U.
S. Intracoastal Waterway, thence westwardly with the boundary line of Lockwood's Folly
Township and Smithville Township in the U. S. Intracoastal Waterway, back to the run of
Mercer's Mill Pond Creek; thence continuing with the run of Mercer's Mill Pond Creek
to a point in the run of Mercer's Mill Pond Creek where said run of Mercer's Mill Pond
Creek is intercepted by the southern boundary of River Run Plantation, as the same is
shown on plats of River Run Plantation recorded in the Brunswick County Registry, as
extended to the west, the place and point of beginning.
CHAPTER m
GOVERNING BODY
3-1 Governing Body . The governing body of Simset Harbor is the Board of Aldermen,
which has five (5) members, and a Mayor.
3-2 Manner of Election of Members of Board of Aldermen. The qualified voters of the
entire town shall elect the members of the Board of Aldermen. The first Election for the
33043 13
Board of Aldermen will take place in 2003.
3-3 Term of Office of Board Members. Except as otherwise provided herein, the term of
office for members of the Board of Aldermen shall be two (2) years. In the first election
for Board of Aldermen in 2003, the two (2) candidates for the Board of Aldermen
receiving the highest number of votes shall be elected for a term of four (4) years, and the
three (3) candidates receiving the next highest number of votes shall be elected for a term
of two (2) years. In the municipal election of 2005, and biennially thereafter, all members
of the Board of Aldermen shall be elected for a term of two (2) years
3-4 Manner of Election of Mayor. The qualified voters of the entire town shall elect
the mayor. The first election for mayor shall take place in 2003.
3-5 Term of Office of Mayor. The term of office for mayor shall be two (2) years.
CHAPTER IV
ELECTIONS
4-1 Non-partisan Elections . Town officers shall be nominated and elected on a non-
partisan basis and the results determined by a plurality of the votes as provided in
N.C.G.S. §163-292.
4-2 Governing Law . All elections for the town officials shall be governed by the
apphcable North Carolina general elections law.
CHAPTER V
ADMINISTRATION
5-1 Town Administration . The Town of Sunset Harbor will operate under the mayor-
council plan as provided in N.C.G.S. Chapter 160A, Article 7, Part 3.
5-2 Maximum Tax Rate . A maximum town tax rate (ceiling) of ten (10) cents per hundred
dollars tax value is hereby established, and said ceiling may be altered only by a vote of a
plurality of the town's registered voters.
33043 14
EXHIBIT G
STATEMENT OF ESTIMATED POPULATION, DENSITY. VALUATION, AND
DEVELOPMENT
The Town of Sunset Harbor currently has 298 registered voters listed on the records of
the Brunswick County Board of Elections. The proposed Town of Sunset Harbor contained a
total population of 474 in the 2000 census. The proposed town is composed of an area of .626
square miles according to the Brunswick County Planning Department, resulting in a density of
approximately 757 persons per square mile.
The proposed Town of Sunset Harbor is composed of an area zoned by Brunswick
Coimty for commercial use along both sides of Sunset Harbor Road (S.R. 1112) which runs north
and south through the entire town. This commercial area contains both commercial and
residential development. The large majority of the area within the proposed tovm is zoned by
Brunswick County for residential uses. The county zoning districts are shown on the map
attached hereto as Exhibit C. The residential areas within the proposed town are ahnost entirely
composed of single family residential lots and homes. There is no industrial development within
the proposed town limits. Development within the proposed town limits is not considered dense.
Approximately 70% the proposed town is composed of residential or commercial development.
According to the Brunswick County Tax Office, the total tax value of all the property
within the proposed municipahty is $43,554,630, less exempt property of non-profit
organizations of $449,800, for a total tax value of nonexempt property of $43,104,830.
33043 15
EXHIBIT H
FORM OF GOVERNMENT AND MANNER OF ELECTION
The Town shall operate under the mayor-council form of government in accordance with
Part 3 of Article 7 of Chapter 160A of the North Carolina General Statutes.
An interim mayor and Board of Aldermen, composed of five residents, all named in
Exhibit E attached hereto, will serve from the time of the incorporation of the town until their
successors are elected and take office.
The first election of Board Members and Mayor shall take place in 2003, with the initial
Board elected to staggered terms. Thereafter, the Board Members shall be elected to two (2) year
terms. The Mayor shall be elected to two (2) year terms. The mayor and Board Members shall
be elected by a plurality of all the qualified voters of the Town in non-partisan elections.
33043 16
EXHIBIT I
PROPOSED BUDGET ORDINANCE
The proposed Town of Sunset Harbor will have a budget ordinance with an ad valorem
tax rate of at least five cents ($.05) per One Hundred Dollar ($100) valuation on all taxable
property within its corporate limits.
33043 17
ofl-io-02 \i:tr
Froni-UURCHIJON TAYLOR I GIBSON LLP
T-760 P 04/08 f-m
SUNSET HARBQK.NC
Gfnerat Ftntd
AdminisnoTion
Board
SI. 000
Clerk
10,000
Fringe bcrtcfits
5,000
Professional fees
8,000
Supplies
8,000
Miscellaneous
5,000
Office Rem
3.000
Poftce
Comract Services
MiscelUseous
FiroX^oamn S«rvje«
Sireets/saniiation
Sued maimcnanco
comract services
sjo,ooo
Garbage collection
comract service
Street lieins
3.000
MisceUaoeous
5.000
Non-depattm<mal
Insuraocc/boiKiing
$5,000
Utilities
5,000
Total 68,000
Waitr and Sewer Fund
Water
Miscellaneous
Total
S68,000
Revrpncs
CcneralfHHd
Sources
Propcny tax
21.500
Sales Tax
30.000
Beer/wine MX
Fraochise tax
State street aid
16.500
Miscellaneous
$68,000
EXHIBIT J
STATEMENT ON POLICE PROTECTION FROM BRUNSWICK COUNTY SHERIFF
DEPARTMENT.
33043 18
Office of ^^^^^^ the Sheriff
BRUNSWICK COUNTY //Xi^;^A NORTH CAROLINA
Ronald E. Hewett 1-800-672-6379
SHERIFF rixminwT 910-457-5101
KxiviA 910-253-2777
1993 N«i«wJ DAKfc Off«T .^lif Ua, L^^,, 910-763-7401
■ FAX 910-253-2705
March 22, 2002
Mr. Ben Hadden
Committee to Incorporate Sunset Harbor
422 Pineview Drive
Bolivia, NC 28422
Dear Mr. Hadden,
The Brunswick County SherifTs Office will continue to provide patrol
coverage and respond to all criminal and civil requests and complaints
during your committee's effort to incorporate.
We wish your community well in your efforts.
Sincerely,
Major Tony Cummings
Chief Deputy
Brunswick County Sheriffs Office
POST OFFICE BOX 9 / BOLIVIA. NORTH CAROLINA 28422
09-10-02 U:28 From-MURCHISON TAYLOR t OIBSON LLP
T-780 P 05/08 F-389
Office of
eKUNSWlCK COUNTY
THF Sheriff
NORTH CAROLINA
Ronald E. HEwFTT
SHERIFF
1-800-672-6379
SXrTtiK3ftT437'J10l
BOLIVIA 253-4321
LELAKD 763-7401
July 29, 2002
Mr. Btm Hadden
Committee t6 IncOrpOrati Sunset Harbfir
422 Pinevjcw Drive
Bolivia, NC 28422
Dear Mr. Hadcjen,
Pursuant to our previous conversation the Brunswick County Sheriffs Office will
continue to provide patrol coverage and response to all criminal and civil requests
prior to incorporation and after incorporation efforts are complete.
Again we wish your community well in your efforts to incorporate and will stand ready
to assist you when needed.
Sincerely,
Major Tony CumRwigs
Chief Deputy
Brunswick County Sheriffs Office
POST OFFICE BOX 9 / BOLIVIA. NORTH CAROLINA 28422
EXHIBIT K
CERTIFICATION OF SERVICE OF NOTIFICATION TO COUNTY AND MUNICIPALITIES
33043 19
Committee to Incorporate Sunset Harbor
c/o Craig Howell
698 Sunset Drive SE
Sunset Harbor
Bolivia, NC 28422
April 4, 2002
VIA CERTinED MAIL RETURN RECEIPT REQUESTED
Town of Northwest
P.O.Box 1509
Leland,NC 28451
Re: Incorporation of the Town of Sunset Harbor
Dear Sir or Madam:
In accordance with North Carolina General Statutes §120-164, we hereby notify
you of our intention to submit a petition to the Joint Legislative Commission on Municipal
Incorporations for the incorporation of the Town of Sunset Harbor. No official action is required
on your part other than to acknowledge receipt of this notice. We have enclosed a form to fulfill
this requirement. We would appreciate you having it executed by an authorized official and
returned to me in the enclosed stamped and self addressed envelope.
Best regards.
Committee To Incorporate Sunset Harbor
Bv: /^^ x^^g^^^I-—
Nanfe: Ben rfaddon
Tiile: Committee Member
33051
of the Town of SaaJ^U ^^f^A^ acknowledge receipt on the _^ day of
rfP/lfC^ 2002, of wri^en notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
rh^/"
(Signature) O . ^ /? ^
Name: llofs&cr (6. C^^je
Title: /^^^^/g.
33051
of the Town of 0& k. Ishnj. , acknowledge receipt on the j^ day of
Piyrii 2002, of written notice of the intention to submit to the Joiint Legislative
Conimission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
(SignatUTe)
Name; 'Pa-lr^cii f-j . Br until, CmC^
Title: Toujn (2le>-k
: /chartered*: I
i \ 1999 .: 5
33051
'G-^
C^Ar\o^
C>r^ M/i/;/^6e^-
of the Town of nSouth p o 0^ U o , acknowledge receipt on the ^j^iulay of
/~\ 0(t, L, , 2002, of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
(Signature) — -p7 -
Name: / /it *•»
Title: C^ . t^
^/OfV'^^
A^/JAj/o&e
33051
of^the. Town of 3 A ^ //o J^C \ acknowledge receipt on the y^ day of
Comi
"^jji/ 2002, of written notice of the intention to submit to the Joiint Legislative
mmission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
'(Signattf?^ J/ I r\
Name: J imcf^^ W. UwO^
Title: . "7o^^ ^</i>s./»;^^yW
33051
of. the Town of J-e/<.t^cf ^<L acknowledge receipt on the p^ day of
■Al^r^ , 2002, of written notice of the intention to submit to the Joiint Legislative
Cdmmission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
Name: V-^>->cf ij. ^e^eit
Title: "Ttflv^ />^t.»t*r-c^ J.^/,^ /t/C
33051
iL
(x 3 -.Vv-^utA-^r^N . J •
of the Town of Q>S<>>^U "^^^Ji^ . acknowledge receipt 0(1 the %'*^ day of
T- /^-^> 1 2002, of written notice of the intention to submit to the Joiint Legislative
Cc/mmis'sion on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
(Signature). ^ y ,
Name: Pttk^^ U yf^*
Title:
Ua
"1
C=l-
33051
of the Town of ^».. p^rJ ^gfcH . acknowledge receipt on the S^j^ day of
^pr\\ 2002, of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
(Signature) ^ ,
Name: S-r^^ve:rJ Uunef^LK}^
Title: -"t^J /UAcr/Ar^.s?
33051
ClT.,
•■1n?in r. Kinnpy
of the Tuwn of Boiling Spring Lak
April 2002
Mayor
acknowledge receipt on the sth day of
of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
OC'y'^iy
lature)
le: -loan C. Kinney
Title:
Maynr
33051
of the Town of /^^.|(^) ', r. , acknowledge receipt oft the _2_ day of
// y^/^'f L^ 2002, of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
^^^<V<^^^$^77^
(Signatu^)
Name: Tl/^u^^L/ C . '^jf'kl rTT^
Title: ^^/f^g. ^^ ~
33051
of the Town of 'F^d KtfVd Is>.UxL ^ . acknowledge receipt on Ihe _$!*" day of
Ap^i I , 2002, of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
(Signaturl) 5 ^
Name
Title:
33051
1 J/f^S A /a/k/^^ /^^/^<-,
of /h^ Town of f^fJLl/jl/K—' acknowledge receipt on ^the ^ day of
f\ff^/^K^ -. 2002, of written notice of the intention to submit to the Joiint Xegislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
im
Title:
33051
of the Town of \NO_r>QLry\crt &.V. acknowledge receipt on the 9^ day of
C\r^K^.\) . 2002, of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
e ^„.vvv^.^.. 4^ — ^:^\
(Si^ature) /"^/ corporate \^\
Name: rTa ^^p-\ \ V^c>V^^fiS I I \ \
Title: Tfauon OAgv-k \ 1~ SEAL / .,'
33051
of the Town of //or-H^ixJ&£>-h , acknowledge receipt^ on the ^ day of
rWri' I 2002, of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
(5 i^ature) '
Name: XScitf\^i
Title: tWauftr
(^ignature)
Name: QO/ne^S n CnoV.
33051
j^c, r/^cc^^i
ADi^ i»U'J-^rL4>--f^r
of the Town of ^u rOw>/^ <?>ea cZ. acknowledge receipt on the day of
. 2002, of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
— fSfgnatAreV /-
Name: ^/^o^'? P/-^<-<?y
Title: A^j /n < A^t s ^rri-jrv^
33051
of the Town of A/zQ-Uii^^S/)- , acknowledRe receipt on the yZ- — day of
Mfri ^ — , 2002, of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
(Signature) I Ir A .j I <>// f
Name: /^64 A/S /9 M /AS
Title: /y)44^£>/L - T^£*Ji^ 6p /U /H^/^^
33051
of the Town of /YgflA/Xste. &MCh . acknowledge receipt on the U^ day of
Aofil 2002, of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
(Signat
Name: J)fH^ LJjJtij
Title: TgJUllf) aPdCj^HJ Hie. f^tnCh
33051
of the Town of ??f , ZShtX^^^ ' acknowledge receipt on the ^fK day of
(l(\f\ I P , 2002, of written notice of the intention to submit to the Joiint Legislative
Commission on Municipal Incorporations a petition to incorporate the Town of Sunset Harbor.
This notice is provided in accordance with N.C.G.S. §120-164.
ILl!mfiamM> £MKk%
(Signature) ^O/^"''^ '^V"-!^;-%
Name: To^aHY^ h . Cjarmpoihiello |^' or*. Vgi|
Title: >TC>IVMCi^H^ .-r-—- , itaL j^%
'^'"""mm
33051
U.S. Postal Service
CERTIFIED MAIL-RECEIPT
(Domesij; Mjil Only: No Insurance Coverage Provided)
O F
a namctad CMMry Fm
a (EndorMnont Fteqund)
Tom P<Mt>9a 4 F«M
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SENDER: COMPLETE THIS SECTION
■ Completejtema.1. 2, and 3. Also complete
Item 4 K Restricted Delivery Is desired.
■ Print your name and address on ttie reverse
so that we can ratum the card to you.
■ Attach this card to tt>e back of the mailpiece,
or on the front If space permits.
1. Aiticto Addressed te:
ybo^h of i/ar7>3r>o4c:Ci.iO
/CO ^r^a/ioTooo^o rd .
COMPLETE THIS SECTION ON DELIVERY
K Racelvad by fPtoasa Prinr OaartyJ
L(p.((p./t Dlorns
B. Data of Delivery
C. Sigrwkjra
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Q Addressee
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H YES, enter delivary address below: CD No
3 SarvicaType
ia.Cartlfied Mail D Express Mail
D Regstared D Return Receipt lor Merchandise
D Insured Mail D C.0.0
4 Restnctad Delivery? fEim fee;
D Yes
2. Arbde Number dZopy from
7DD1 n4D DDOa T3T4 llTD
PS Form 3811, July 1999
DorT>estJC Return Receipt
1Q2SSS-0O-M-O9S2
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(DomestiQjj/lail Only; No Insurance Coverage Provided)
Ratiim Rscelpl Fae
(Endoreemanl Raquired)
RastitelecJ Delivery Fm
(Endoraament Reqund)
Total PcMUge & Fea
$
Poetmirk
Han
SontTo -fi^^c^n of-' C2^f<^('n^ sS6^c.'^<=:S.
Ts: —
Complete items 1 . 2, and 3. Also complete
Item 4 If Restrieted Delivery Is desired.
Print youi*Twme and address on the reverse
so that we can retum the card to you.
I Attach this card to the back of the mailpiece,
or on the front if space permits^
1. Article Addressed to:
COMPLETE THIS SECTION ON DELIVERY
B. Date of Delivery
"^nu^fr
D. Is cWivery address different from
H YES. enter delcvery address
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EXHIBIT L
AFFIDAVIT OF PUBLICATION OF NOTICE
33043 20
NOTICE OF INTENT TO PETITION
FOR INCORPORATION
In accordaoce with Nonh Carobiu General
Suoiles §120-164. ooQce is hereby given of
the inientioo of the below named comminec lo
submit a peuuoo for the incorpantion of the
Town of Sunset Harbor. Brunswick County.
North Ciroluu to the Joint Legislauvc Com-
missioo oo Municipal Incorporations
This the llthdayof ApnI. 2002
Commioee To Incorporate Sunset Harbor
By Ben Haddon. Member
Apr 18
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and State,
duly commissioned, qualified, and authorized by law to administer
oaths, personally appeared
Carolyn H. Sweatt
who, being first duly sworn, deposes and says: that she is
Publisher
(Owner, partner, publisher, or other officer or employee
authorized to make this affidavit)
of The Brunswick Beacon, a newspaper published, issued, and en-
tered as periodical mail in the Town of Shallotte in the said County
and State: that she is authorized to make this affidavit and sworn
statement; that the notice or other legal advertisement, a true copy of
which is attached hereto, was published in Tlie Brunswick Beacon on
the following date(s):
April 11 and 18, 2002
and that the said newspaper in which such notice, paper document or
legal advertisement was published, was at the tinie of each and every
such publication, a newspaper meeting all the requirements and qual-
ifications of Section 1-597 of the General Statutes of North Carolina
and was a qualified newspaper within the meaning of Section 1-597
of the General Statutes of North Carolina.
This the 18th day of April, 2002.
(Signatui]g!x)f person making affidavit)
Sworn to and subscribed before me this 18th day of o*))>;\VAY B/^j>''',
AprU, 2002. /o^?--^'*~*^^\
II ^ f
(^(Notary Public) ''>,^!< COV)^,»o''
"".o.:;;„.>'*'
My commission expires: December 29, 2004.
APPENDIX D
Assessment of Petition
by
Town of Sunset Harbor
for
Incorporation
Relative to NC G.S. 120-163 and NC G.S. 120-164 '
North Carolina Department of Commerce
Division of Community Assistance
Division of Community Assistance staff has reviewed the petition for
incorporation from the proposed Town of Sunset Harbor as it relates to NC G.S. 120-163
and NC G.S. 120-164. These sections of the General Statutes refer to the petition and
notification requirements.
G.S. 120-163 (a) requires that a petition be signed by 15% of the registered voters
(but by not less than 25 voters) of the area asking for incorporation. The proposed Town
of Sunset Harbor has submitted a petition with the required signatures.
G.S. 120-163 (b) requires that "[t]he petition must be verified by the county board
of elecfions of the county where the voter is alleged to be registered. The board of
elections shall cause to be examined the signature, shall place a check mark beside the
name of each signer who is qualified and registered to vote in that county in the area
proposed to be incorporated, and shall attach to the petition a certificate stating the
number of voters registered in that county in the area proposed to be incorporated, and
the total number of registered voters who have been verified. The county board of
elections shall return the petition to the person who presented it within 1 5 working days
of receipt." G.S. 120-163 (d) requires that the petitioners must present to the
Commission the verified petition from the county board of elections. The Brunswick
County Board of Elections has verified the Town of Sunset Harbor's petition.
G.S. 120-163 (c) requires that the petition must include a number of items. These
A proposed name for the city. The petition of the Town of Sunset Harbor does
include a proposed name.
A map of the city. Tlte petition of the Town of Sunset Harbor does not include
a map.
A list of proposed services to be provided by the proposed municipality. The
petition of the Town £»f Sunset Harbor does include a list of proposed services.
The names of three persons to serve as interim governing board. The petition of
the Town of Sunset Harbor includes the names of three persons to serve as an
interim council.
A proposed charter. The petition of the Town of Sunset Harbor does include a
proposed charter.
A statement of the estimated population and population density. The petition of
the Town of Sunset Harbor does include a statement of the estimated population
and population density.
Assessed valuation. The petition of the Town of Sunset Harbor does include an
estimate of assessed valuation.
Degree of development. The petition of the Town of Sunset Harbor does include
degree of development.
Recommendations as to form of government and manner of election. The petition
of the Town of Sunset Harbor does include recommendations as to form of
government and manner of election.
According to G.S. 120-163, the proposed municipality may not contain any non-
contiguous areas. Examination of map mil determine ij the proposed Town of
Sunset Harbor contains any non-contiguous areas.
According to G.S. 120-164, not later than five days before submitting the petition
to the Commission, the petitioners shall notify:
( 1 ) The board or boards of county commissioners of the county or counties
where the proposed municipality is located.
(2) All cities within that county or counties.
(3) All cities in any other county that are within five miles of the proposed
municipality of the intent to present the petition to the Commission.
Need to examine the map to determine if all necessary notification
letters were sent.
The petition did include copies of the notification letters to BrunsH'ick County
and all nineteen (19) municipalities in Brunswick County. But, need to
examine the map to determine if notification letters needed to be sent to
municipalities in surrounding counties.
According to G.S. 120-164, '[t]he petitioners shall also publish, one per week for
two consecutive weeks, with the second publication no later than seven days
before submitting the petition to the Commission, notice in a newspaper of
general circulation in the area proposed to be incorporated of the intent to present
the petition to the Commission."
The notice was published in the The Brunswick Beacon. Affidavit of publication
for April 1 1 , 2002 and April 1 8, 2002 were included in the petition.
APPENDIX E
Assessment of Petition
by
Town of Sunset Harbor
for
Incorporation
Relative to NC G.S. 120-166.
North Carolina Department of Commerce
Division of Community Assistance
Division of Community Assistance staff has reviewed the petition for
incorporation from Sunset Harbor as it relates to NC G.S. 120-166. That section of the
General Statute refers to the nearness of the proposed new 'Town of Sunset Harbor' to
other municipalities. Part (a) of that section sets criteria based on the nearness of the
proposed new town to existing municipalities and their respective populations. Note that
the General Statute requires that the population values be in accordance with the most
recent decennial federal census, or according to the most recent annual estimate ot the
Office of State Budget and Management if the municipality was incorporated since the
return of that census. These relationships are presented in the following table.
Critical Population of Neighboring
Distance Municipality
1 mile 5,000 to 9,999
3 miles 10,000 to 24,999
4 miles 25,000 to 49,999
5 miles 50,000 and over
The Town of Oak Island (population 6,571 ) is within one (1 ) mile of the proposed
boundaries of Sunset Harbor. The Town of Oak Island does exceed the neighboring
municipal population threshold.' The Town of Holden Beach (population 787) and the
Town of Vamamtown (population 481) are both within three (3) miles of the proposed
boundaries of Sunset Harbor, but neither town exceeds the neighboring municipal
population threshold. The Town of Saint James (population 804) is within four (4) miles
of the proposed boundaries of Sunset Harbor, but does not exceed the neighboring
municipal population threshold. No additional municipalities are within five (5) miles of
the proposed new Town.
The proposed new Town of Sunset Harbor is not entirely on an island so
Subsection (b)(1) does not apply. Sunset Harbor is separated by the Intracoastal
Waterway from the Town of Oak Island, so Subsection (b)(2) does apply.' Finally, the
petition indicated no evidence that Subsection (b)(4) applies (a petition for annexation to
nearby city that was not approved).
The Commission is not precluded from making a positive recommendation
on the petition for incorporation relative to the proposed Town of Sunset Harbor, in
accordance with NC G.S. 120-166.
' A resolution supporting the proposed Town of Sunset Harbor from the Town of Oak Island is not
required, because the conununities are separated by the Inu-acoastal Waterway.
Information sources: The foregoing assessment was based on information contained in the
petition, and GIS data pro^ ided by the Brunswick County GIS Department. A buffer
analysis (an Arc View GIS utility) was performed on the proposed boundary that was
presented on the map attached to the petition. The 2000 Census population values were
retrieved from the NC Office of State Budget and Management, State Demographics web
site (http://demog.state.nc.us/).
Note: 1
§ 120-166. Additional criteria; nearness to another municipality.
(a) The Commission may not make a positive recommendation if the proposed municipahty is located
within one mile of a municipality of 5,000 to 9,999, within three miles of a municipality of 10,000 to
24,999, within four miles of a municipality of 25,000 to 49,999, or within five miles of a municipality
of 50,000 or over, according to the most recent decennial federal census, or according to the most
recent annual estimate of the Office of State Budget and Management if the municipality was
incorporated since the return of that census.
(b) Subsection (a) of this section does not apply in the case of proximity to a specific municipality if:
(1) The proposed municipality is entirely on an island that the nearby city is not on;
(2) The proposed municipality is separated by a major river or other natural barrier fi-om the
nearby city, such that provision of municipal services by the nearby city to the proposed
municipality is infeasible or the cost is prohibitive, and the Commission shall adopt policies to
implement this subdivision;
(3) The nearby municipality by resolution expresses its approval of the incorporation; or
(4) An area of at least fifty percent (50%) of the proposed municipality has petitioned for
annexation to the nearby city under G.S.I 60A-3 1 within the previous 1 2 months before the
incorporation petition is submitted to the Commission but the annexation petition was not
approved.(1985 (Reg. Sess., 1986), c. 1003, s. 1; 1989 (Reg. Sess., 1990), c. 1024. s. 25.)
Proposed Town of Sunset Harbor (Brunswick County)
Municipal Incorporation Study Phase 1
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APPENDIX F
Assessment of Petition
by
Sunset Harbor
(Brunswick County)
for
Incorporation
Relative to NC G.S. 120-167
through NC G.S. 120-170
North Carolina Department of Commerce
Division of Community Assistance
Division of Community Assistance (DCA) staff has reviewed the petition for
incorporating the Town of Sunset Harbor relative to NC G.S. 120-167 through G.S. 120-
1 70. The following discussion addresses each of these sections of the General Statutes.
NC G.S. 120-167 Additional criteria; population.
NC G.S. 120-167 refers to population and requires that the permanent population
must be at least 100 and a population density of at least 250 persons per square mile. The
petition indicates an estimated population of 474 and a population density of 757 persons
per square mile. The Division of Community Assistance performed a land use survey of
the subject area, identifying 718 dwelling units in the subject area. The 2000 US Census
Bureau data indicates an average of 2.38 persons per household for Brunswick County
and an occupancy rate of 59.2 percent. This suggests that 1,012 persons are likely to
reside in those 718 dwellings with a population density of 1 ,386 persons per square mile.
It appears that NC G.S. 120-167 is satisfied.
NC G.S. 120-168 Additional criteria; development.
NC G.S. 120-168 refers to development and requires that at least 40 percent of the
area must be "developed for residential, commercial, industrial, institutional, or
governmental uses, or is dedicated as open space under the provisions of a zoning
ordinance, subdivision ordinance, conditional or special use permit, or recorded
restrictive covenants."(1985 (Reg. Sess., 1986), c. 1003, s. 1.)
DCA used a land use survey combined with an analysis of available tax
information to determine the degree of development. The survey considered parcels as
"developed" if they had land use characteristics that were residential, commercial,
institutional or governmental, industrial, or dedicated open spaces. Vacant parcels,
forested parcels, or agricultural parcels were considered '^lndeveloped."
DCA's analysis indicated that 48.39 percent of the subject area is developed (see
Table 1 and Map A). It appears that NC G.S. 120-168 is satisfied.
Town of Sunset Harbor Incorporation Study relative to NC G.S. 120-167 through G.S. 120-170.
Page 1
Table 1:
Development Relative to NC G.S. 120-168
Land Use
Acres
Commercial
.82
Industrial
Institutional/Governmental
40.46
Residential
148.80
Undeveloped
202.71
Dedicated Open Space
Total
392.79
Total Developed Acreage
190.08
% Developed
48.39%
NC G.S. 120-169 Additional criteria; area unincorporated.
NC G.S. 120-169 requires that none of the area proposed for incorporation may
be included within the boundary of another incorporated municipality. DC A compared
the proposed boundary for the Town of Sunset Harbor with the most recently updated
Brunswick County (GIS) data as well as the NC DOT (GIS) data that was provided by
NC CGIA and found no evidence that any of the subject area is part of an incorporated
municipality. It appears that NC G.S. 120-169 is satisfied.
NC G.S. 120-169.1 Additional criteria; services.
NC G.S. 120-169.1(b) requires that the area to be incorporated submit a plan for
providing a reasonable level of municipal services. To meet the requirements of this
section, the persons submitting the plan for incorporation must propose to provide at least
four of the following services:
1 ) Police protection.
2) Fire protection.
3) Solid waste collection or disposal.
4) Water distribution.
5) Street maintenance.
6) Street construction or right-of-way acquisition.
7) Street lighting.
8) Zoning.
The proposed Town of Sunset Harbor has submitted a sufficient plan for
providing four out of eight of the above services. Sunset Harbor does propose to provide
fire protection, police protection, street lighting, and water distribution. Fire protection
will be provided through an agreement with the Sunset Harbor/Zion Hill Volunteer Fire
Department. Police protection will be provided through an agreement with the
Brunswick County Sheriffs Department. Street lighting will be provided through an
Town of Sunset Harbor Incorporation Study relative to NC G.S. 120-167 through G.S. 120-170.
Page 2
agreement with the Brunswick Electric Membership Corporation. Water distribution will
be provided through an agreement with Brunswick County. It appears that NC G.S. 1 20-
169.1(b) is satisfied.
NC G.S. 120-170 Findings as to services.
NC G.S. 120-170 requires that the proposed municipality can provide, at a
reasonable tax rate the services requested by the petition and that the proposed
municipality can provide at a reasonable tax rate the types of services usually provided by
similar municipalities. Sunset Harbor has proposed a S.05/$100 property tax rate with an
estimated property tax revenue of $20,500. As a result of the types of services the Town
plans to provide and the manner in which those services would be provided, the proposed
$.05/$ 100 valuation appears to be reasonable.
There is insufficient data available on newly incorporated municipalities to
accurately compare their tax rate with the tax rate proposed by Sunset Harbor. However,
to give some indication of a comparison of Sunset Harbor's tax rate and that assessed by
other similar municipalities, DCA compared Sunset Harbor with the North Carolina
Department of Treasurer 2001 Municipal Financial Profiles for municipal populations
between 1 ,000 persons and 2,499 persons. ). Sunset Harbor has proposed a $.05/$ 1 00
property tax rate with an estimated property tax revenue of $20,500. in comparison, the
North Carolina Department of Treasurer indicates in its report an average property tax
rate of $.2984/$ 100 assessment and average property tax revenue of $435,248. For the
proposed Town of Sunset Harbor to generate similar property tax revenue it would need
to levy a property tax rate of $1.06/$ 100 assessment (assuming an estimated total
assessment of $41,000,000). It should be noted that Sunset Harbor is at the low end of
the range in the Profiles, and therefore may not need as much revenue as the comparison
range average. As stated above. Sunset Harbor can provide the four proposed services at
a reasonable tax rate, but would not be able to provide additional services without a
significant property tax rate increase. It appears that NC G.S. 120-170 is satisfied.
Conclusion
It appears that the proposed Town of Sunset Harbor does satisfy the North
Carolina General Statutes 120-167 through 120-170. The Commission is not precluded
fi-om making a positive recommendation on the incorporation of the proposed Town of
Sunset Harbor.
' The servicing estimate assumes the distribution of state shared revenues to local governments: if
payments of state shared revenues are withheld the cost of providing services would increase.
Town of Sunset Harbor Incorrwralion Study relative to NC G.S. 120-167 through G.S. 120-170. ^^ ^ ^
Information sources:
Petition for Incorporation of the Town of Sunset Harbor
2000 US Census (referenced 05/02)
http://www.census.gov/
Brunswick County GIS Department, Parcel Data and Assessment Data
North Carolina Office of State Treasurer (referenced 05/02)
http://www.treasurer.state.nc.us
NC DOT GIS Data Layers, Distributed by NC CGIA (2001)
Town of Sunset Harbor Incorporation Study relative to NC G.S. 1 20-1 67 through G.S. 1 20- 1 70.
Page 4
l-h lll l l |! |IH IhH I I I M I ITTTTI
. ^/ ^ lfLi i MJM....fytiF WM
unset Harbor
lunicipal Incorporation
base II Study
Legend
I I Sunset Harbor
I ;. ':] Developed
Undeveloped
Map prepaid OftTQ
APPENDIX G
Fiscal Reserach Report: Sunset Harbor Incorporation
1. Sales Tax Revenue Change:
Brunswick County distributes sales tax revenues on a per capita basis. This analysis
uses 2000-01 actual sales tax distribution to show how that distribution would have
changed had Sunset Harbor been incorporated at that time. (Note to create a more
accurate representation, the population numbers have been adjusted in accordance
with the 2000 census).
Current
County
Municipalities
Population
% Population
Sales Tax Distribution
Brunswick
73692
73.6%
12,308,389
Bald Head Island
174
0.2%
29,062
Belville
287
0.3%
47,936
Boiling Spring Lakes
2994
3.0%
500.072
Bolivia
149
0.1%
24,887
Calabash
716
0.7%
119,590
Carolina Shores
1493
1.5%
249,368
Caswell Beach
373
0.4%
62,300
Holden Beach
793
0.8%
132,451
Leiand
4030
4.0%
673,110
Navassa
482
0.5%
80,506
Northwest
676
0.7%
112,909
Oak Island
6619
6.6%
1,105,537
Ocean Isle Beach
433
0.4%
72,322
Sandy Creek
248
0.2%
41,422
Shallotte
1394
1 .4%
232,833
Southport
2388
2.4%
398,855
Saint James
810
0.8%
135,290
Sunset Beach
1837
1.8%
306.825
Vamamtown
484
0.5%
80,840
TOTAL
100072
16,714,503
With Incorporation
County
Municipalities
Population
% Population
Sales Tax Distribution
Brunswick
73692
73.3%
12,250,364
Bald Head Island
174
0.2%
28,925
Belville
287
0.3%
47,710
Boiling Spring Lakes
2994
3.0%
497,715
Bolivia
149
0.1%
24,769
Calabash
716
0.7%
119,026
Carolina Shores
1493
1 .5%
248,192
Caswell Beach
373
0.4%
62,007
Holden Beach
793
0.8%
131,826
Leiand
4030
4.0%
669,937
Navassa
482
0.5%
80,126
Northwest
676
0.7%
112,376
Oak Island
6619
6.6%
1,100,325
Ocean Isle Beach
433
0.4%
71,981
Sandy Creek
248
0.2%
41,227
Shallotte
1394
1 .4%
231,735
NO General Assembly
9/5/2002
Page 1
Fiscal Reserach Report: Sunset Harbor Incorporation
Southport
2388
2.4%
396,975
Saint James
810
0.8%
134,652
Sunset Beach
1837
1 .8%
305,378
Varnamtown
484
0.5%
80,459
Sunset Harbor
474
0.5%
78,797
TOTAL
100546
100%
16,714,503
2. Powell Bill Allocation Change
Annually state street aid or Powell Bill allocations are made to incorporated
municipalities which establish their eligibility and qualify as provided by G.S. 136-41.1 -.3.
The amount allocated to each municipality is based on both population and qualifying
street miles within the municipality.
FY 2001-02 population based allocations assumed a total, statewide municipal
population of 4,086,685 and available funds of $101 ,578,822.46. This created a per capita
distribution rate of $ 24.86.
Adding the new population of Sunset Harbor (474) to the statewide total creates a new
population of 4,087,132 and a per capita allocation of $24,853. The impact of this
change on Brunswick municipalities is as follows:
Municioalities
Population
Current Allocation
Prospective Allocation
Change
Bald Head Island
174
4324.952
4324.422
(0.53)
Belville
n/a
-
Boiling Spring Lakes
2994
74418.996
74409.882
(9.11)
Bolivia
149
3703.551
3703.097
(0.45)
Calabash
716
17796.928
17794.748
(2.18)
Carolina Shores
1493
37110.074
37105.529
(4.54)
Caswell Beach
373
9271 .304
9270.169
(1.14)
Holden Beach
793
19710.843
19708.429
(2.41)
Leiand
4030
100169.858
100157.59
(12.27)
Navassa
482
11980.613
11979.146
(1.47)
Northwest
676
16802.686
16800.628
(2.06)
Oak Island
6619
164522.156
164502.007
(20.15)
Ocean Isle Beach
433
10762.667
10761.349
(1.32)
Sandy Creek
248
6164.299
6163.544
(0.75)
Shallotte
1394
34649.325
34645.082
(4.24)
Southport
2388
59356.233
59348.964
(7.27)
Saint James
n/a
Sunset Beach
1837
45660.553
45654.961
(5.59)
Varnamtown
n/a
-
Sunset Harbor
474
11780.322
11,780.32
3. Utility Excise Tax:
Of the 3.22% state excise tax rate on the in-state gross receipts of gas, power and light
and telephone companies, 3.09 percentage points (or 96% of collections) are distributed
to the respective municipalities within which these services took place. In 1998-99 the
NC General Assembly
9/5/2002
Page 2
Fiscal Reserach Report: Sunset Harbor Incorporation
statewide total was $161.1 million.
Because Sunset Harbor only incorporates new areas (areas not currently a part of another
municipalities) no revenue shift is expected. Any revenue received by Sunset Harbor from
this tax would be new or drawn from the NC General Fund.
4. Reimbursements:
Since 1979 the General Assembly has made several changes to tax law that impact local
governments. The state's cities and counties have received reimbursements from the
state for spme of these losses, particularly as they relate to the sales and property tax
bases. The state reimburses local governments for property tax losses related to the
repeal of taxes on inventories and intangibles, as well as some of the losses associated
with the homestead exemption. Locals also receive a reimbursement for sales taxes that
are no longer paid on items purchased with food stamps. These reimbursements total to
$333.4 million annually. Normally, when a new town incorporates some existing municipalities may
see a small decline in their distributions, with a tiny amount redistributed to the new town.
However, because the reimbursements sunset June 30, 2003, the Town of Sunset Harbor
will not qualify for these funds.
Note: Population numbers used for sales tax and Powell bill allocation vary due to the year
used by the controling agency.
Prepared by Linda Struyk Millsaps, Fiscal Research Division.
NC General Assembly 9/5/2002 Page 3
