40/42 Incorporation

Discussion in 'Discussion Group' started by Gomer Pyle, Oct 6, 2009.

  1. Hatteras6

    Hatteras6 Well-Known Member

    Without fixating on the name of the place, as we have to decide if we are going to have a place to name, there are really three choices to be made.

    * Do nothing and wait until either Clayton or Garner come calling. Which they eventually will do, but will selectively choose the areas whey want to annex, and because of legal boundary issues, prevent the remaining area from incorporating.


    * Invite Garner or Clayton to annex us, knowing that they will "cherry pick" the areas they want for maximum tax revenue, and avoiding those areas with little ROI for them, but requiring huge capital outlay, which they eventually will do, long after our tax bills have been raised and paid. Once they are in the mix, the legal precluding establishing another municipality versus ETJs and existing boundaries will then preclude incorporation of any other areas within the Cleveland area, thus subjecting us to the possibility that one subdivisions will be in city property and the one across the road will not.


    * Decide for ourselves that we are our own best stewards, and choose our best long term interests: Zoning, Police and Fire, Water and Sewer, Recreation, Traffic issues, which will really have an impact, based on the recent approval by JoCo commissioners to approve the River Oaks project, a 300 acre shipping center, residential area with a single entry/exit off NC 42, in front of the new Wal Mart. Given the increased traffic already, having just one entry/exit into a major shopping center with no entry onto I40 or 70 bypass will definitely present a long lasting adverse impact on the quality of life for our area.

    Please discuss and let others know how you feel about this issue.
     
  2. Harvey

    Harvey Well-Known Member

    This is a proposed ETJ, although the map was produced in 2007. I think it has been adopted, but I propose this question: is it intended that the center of town be 3 miles away or the limits?
     
  3. Hatteras6

    Hatteras6 Well-Known Member

    The idea of using Cleveland School at the center was purely for illustrative purposes.

    Note that I am not an attorney, nor do I portray one on TV. My understanding of this process is based on my interpretation of reading from the various websites as provided.

    The municipality that can be developed must exist outside any other municipality or its ETJ, as I understand. That said, my vision was that from the Wake County line until we find another ETJ or municipal area was the "universe" available for discussion. Certainly, following land forms, i.e. creek runs, or roads makes sense to initially consider the area that might be included.

    As an example, if the folks in subdivision "X" decided they wanted to incorporate, got the voter support and legislative ok to do so, and incorporated, that incorporation would then exclude another entity from annexing them. And once incorporated, they would have an easier time expanding their ETJ. Once that begins, any other proposed incorporation must exclude the established municipality and its ETJs.

    In effect, it's a land grab, pure and simple. At some point, another town is going to want to grab what we have. The only way we can realistically prevent that is to grab it ourselves. Hoping that our tax base remains unattractive to Clayton or Garner is folly.
     
  4. sacosta

    sacosta Well-Known Member

    Here is the text from Article VII Section 1 of the NC State Constitution:

    "The General Assembly shall not incorporate as a city or town, nor shall it authorize to be incorporated as a city or town, any territory lying within one mile of the corporate limits of any other city or town having a population of 5,000 or more according to the most recent decennial census of population taken by order of Congress, or lying within three miles of the corporate limits of any other city or town having a population of 10,000 or more according to the most recent decennial census of population taken by order of Congress, or lying within four miles of the corporate limits of any other city or town having a population of 25,000 or more according to the most recent decennial census of population taken by order of Congress, or lying within five miles of the corporate limits of any other city or town having a population of 50,000 or more according to the most recent decennial census of population taken by order of Congress. Notwithstanding the foregoing limitations, the General Assembly may incorporate a city or town by an act adopted by vote of three-fifths of all the members of each house."

    source: http://www.ncga.state.nc.us/Legislation/constitution/article7.html

    I highlighted the 3 mile clause because I "believe" Clayton has about 12,000 residents.

    I interpret this to mean the measurement is taken from the proposed city limits, and not the center of the town. But like Hat I am not an attorney, so I can't legally interpret the Law.
     
  5. Hught

    Hught Well-Known Member

  6. cynadon

    cynadon Well-Known Member

    couple of weeks ago, I made a delivery to Morrisville. Got off 40 at the airport and turned left. If I'm not mistaken, I was in Cary, then Morrisville. I was watching the GPS, not the odometer, so I can't say how many miles. Anyhow, last year I delivered to a swimming pool way on down from Morrisville (I think), turned left, went down Green(something) road, and was back in Cary city limits. From my limited observations as a driver, you can incorporate anywhere.
     
  7. sacosta

    sacosta Well-Known Member

    Last edited: Oct 13, 2009
  8. Hatteras6

    Hatteras6 Well-Known Member

    Cyanodon,
    I believe those municipalities preceded current laws. And, it's Cary...who knows what goes on?....:lol:
     
  9. Hatteras6

    Hatteras6 Well-Known Member

    Does the limit mean only those limits incorporated into the town and not ETJs? ETJs' logically exist outside the current incorporated limit.
     
  10. sacosta

    sacosta Well-Known Member

    I believe it only includes the actual City limits, not the ETJs. Since they annexed the area where the new hospital is located, that puts them 3.5 miles from 40/42.
     
  11. Hatteras6

    Hatteras6 Well-Known Member

    I think I fixed the issue you raised. Please try it now.
     
  12. sacosta

    sacosta Well-Known Member


    Yes it works much better now. Thanks!
     
  13. sacosta

    sacosta Well-Known Member

    What would it mean to your wallet if our area was annexed by Clayton or Garner?

    Clayton's property tax is currently .54 cents per $100 value of your house. Garner's property tax is .56 cents.

    If you own a house with a tax value of $150,000 that's an extra $810 to $840 bill each year on top of the amount you already pay for County taxes. Clayton also requires you to purchase your electricity and water from them, and it is much more expensive than paying for them directly.

    Incorporation would mean new taxes too, but probably nowhere near what Clayton would charge. Plus we get to keep the money in our neighborhood, and use it on things that are important to us.

    Please join the conversation about incorporation of the Cleveland area. Whether you like the idea or not, your opinion and involvement can help us decide our own fate.

    Visit this website for more information:
    http://clevelandschool.webs.com/
     
  14. Hatteras6

    Hatteras6 Well-Known Member

    Open Meeting 10-22 at 6pm at Golden Corral

    Folks,

    There will be an initial meeting for those interested in finding out more about the incorporation/annexation issue. Based on the number of emails and phone calls, and the "passion" exhibited therein, I know that many of us have quite strong feelings about the incorporation/annexation issue.

    I have no hidden agenda or ulterior motives in the decision to incorporate or not.

    There appears to have been a lot of fireworks and excitement in the past over issues that have yet to be decided. I admire that enthusiasm, especially in an appropriate venue at the appropriate time.

    Seems to me that we need to take a balanced look at options, and discuss them and educate ourselves and others as to the pro's and cons of the issues.

    I'm coming to the meeting to hear from others and see if we move forward or not.

    Please join your "Not Physically inside-Garner 27529/Cleveland/ODS/4042/West Johnston/not sure what we call where I live" neighbors for dinner (at your expense) and discussion at the Golden Corral on Son-Lan Parkway in the 4042 area on Thursday evening, 10-22, at 6 pm.

    More information can be found at this website: http://Clevelandschool.webs.com
    Hope to see you,

    Carl
     
  15. EngNCSU

    EngNCSU Well-Known Member

    As a former member of the JC planning board, I think it would be a great idea to have Berry Gray(Planning Director), someone from his staff, at the initial meeting. I believe that he could clear up any boundary issues that you might have.
     
  16. Hatteras6

    Hatteras6 Well-Known Member

    Boundary issues are just like the naming issue...which will have its time and place. Again, there is much to do before we even get to these. I do appreciate your advice. If you can help spread the word about this, we'll have a fuller sense of voice of the community, at large, rather than the few.

    With the open invitation to the meeting, I would ask patience ont he part of all, as no doubt there are many people here who are well known, and some who are unknown. All are welcome at the meeting.

    I also humbly ask that the tone be as civil, as possible. My point isthat witht the level of passion that we own, that it be displayed at the appropriate time and place.

    My personal desire is to gather solid, credible information, learn as much as I can, and then, make an informed decision as to our future.

    Illumination and education are the goals.
     
  17. sassymom

    sassymom Well-Known Member

    Hey Hat, you may also want to have some information on volunteer annexation (sp), boundaries can start off small and then grow with this..
     
  18. englishbullymom

    englishbullymom Well-Known Member

    So, just a point of clarification, if I live in a subdiv. just off Cleveland School Rd with a 27529/Garner address and happen to barely be inside Wake County, would I be able to weigh in or does the Wake Co thing throw me out? I know a while back someone mentioned the boundaries would have to be within JoCo so I'm curious as to whether this even applies to me. Thanks!
     
  19. KDsGrandma

    KDsGrandma Well-Known Member

    A municipality does not have to be entirely inside one county. Rocky Mount, for example is in Nash and Edgecombe counties, and I'm pretty sure Charlotte is not entirely inside Mecklenburg County. So theoretically at least, your area could be included.
     
  20. Hatteras6

    Hatteras6 Well-Known Member

    Mom,

    I understand your question, somewhat. Yet, the issue you raise is one of boundaries, which is somewhere down the road. As I've maintained, those of us in the affected area have to decide whether or not there will be an entity, before we can get tot he naming and boundary issues of that entity.

    I honestly don't know for sure what the "legal" answer is. It seems logical that because you are in Wake County, that there would be additional issues not present with the JoCo side.

    And, If I were a gamblin' man, I'd put money down that Garner has its eye on your area. I realize that this does not answer your question. I simply don't know what that answer is.

    Right now, my orientation is for JoCo residents in the Cleveland Township area.
     

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