North Carolina SB 1074: Eden/Mills River/Guilford Art 46 Local Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2026-26
SENATE BILL 1074

*S1074-v-4*
AN ACT AUTHORIZING THE CITY OF EDEN TO ENTER INTO AN ANNEXATION
AGREEMENT WITH DUKE ENERGY FOR PAYMENTS IN LIEU OF ANNEXATION;
AMENDING THE TEMPORARY AUTHORITY OF THE TOWN OF MILLS RIVER
WITH RESPECT TO ADOPTION OF UNIFIED DEVELOPMENT ORDINANCES; AND
MAKING MODIFICATIONS REGARDING A REFERENDUM IN GUILFORD
COUNTY FOR THE LEVY OF THE ARTICLE 46 QUARTER-CENT LOCAL OPTION
SALES AND USE TAX AND THE DISTRIBUTION AND USE OF THE PROCEEDS OF
THE TAX.

The General Assembly of North Carolina enacts:

PART I. CITY OF EDEN/DUKE ENERGY ANNEXATION AGREEMENT
SECTION 1.(a) Notwithstanding any applicable provision of the General Statutes
or any other public or local law, the City of Eden is granted certain contract powers as follows:
(1) The City of Eden may, by agreement, provide that certain property, described
in subsection (c) of this section as the "Dan River Plant Property," may not be
involuntarily annexed by the City during the period beginning July 1, 2025,
and ending June 30, 2030, under the General Statutes as they now exist or may
be subsequently amended, except as provided in the agreement. The City of
Eden shall not seek to repeal this Part upon its approval by the General
Assembly.
(2) Any agreement entered into as provided in subdivision (1) of this subsection
is specifically determined to be proprietary and commercial in nature and is
specifically determined to be consistent with the public policy of the State of
North Carolina.
(3) Any agreement entered into as provided in subdivision (1) of this subsection
is a continuing agreement and is binding on and enforceable against the
current and future members of the City Council of the City of Eden during the
full term of the agreement and any extension thereof.
(4) The parties to the agreement entered into as provided in subdivision (1) of this
subsection are authorized by this subsection to further modify, amend, and
extend the agreement on mutual written consent, without the approval of the
General Assembly, provided that any modification or amendment does not
materially alter the concept of the agreement.
SECTION 1.(b) The City of Eden may accept, as consideration for the agreement
authorized in subsection (a) of this section, payments in lieu of taxes in the amount of one million
dollars ($1,000,000), which shall be made by Duke Energy in annual payments in the amount of
two hundred thousand dollars ($200,000) for five successive and consecutive calendar years.
SECTION 1.(c) The agreement under subsection (a) of this section shall apply to the
Dan River Plant Property described as follows:
Tract 1

Page 2 Session Law 2026-26 Senate Bill 1074
Beginning at a concrete monument set in the westerly line of S.R. # 1779 (Edgewood
Road) and running thence from said beginning point, S 36° 45' E 80.6 feet to a stake, thence N
69° 26' E 826.6 feet to an iron rod found; thence N 20° 32' W 239.7 feet to an iron rod; thence N
69° 28' E 97.1 feet to an iron rod found; thence N 20° 39' W 180.0 feet to an iron rod found;
thence N 69° 18' E 54.7 feet to a concrete monument found; thence N 20° 30' W 240.4 feet to an
iron rod; thence N 69° 30' E 87.0 feet to an iron rod found; thence N 20° 35' W 180.1 feet to an
iron rod found; thence N 69° 27' E 515.5 feet to an iron rod and iron pipe found in the westerly
boundary of the property of Fieldcrest Mills, Inc.; thence with said property line S 10° 19' E
1390.2 feet to a concrete monument found in the southwesterly corner of the property of
Fieldcrest Mills, Inc.; thence with the southerly line of Fieldcrest Mills, Inc., N 79° 03' E 161.9
feet to a concrete monument found; thence S 80° 53' E 1126.3 feet to an iron rod found in the
centerline of the CNW Railroad Spur Track; thence with the centerline of said Spur track the
following courses and distances: S 4° 02' E 100.0 feet to a point; S 0° 02' E 99.9 feet to a point;
S 4° 04' W 100.0 feet to a point; S 7° 43' W 100.0 feet to a point; S 11° 45' W 100.0 feet to a
point; S 15° 57' W 100.0 feet to a point; S 20° 00' W 100.0 feet to a point; S 24° 15' W 100.0 feet
to a point; S 28° 05' W 100.0 feet to a point; S 31° 33' W 72.0 feet to a spike found; thence N 88°
54' E 623.1 feet to an iron rod found; thence S 18° 36' E 367.2 feet to an iron pipe found; thence
S 6° 02' W 74.9 feet to an iron pipe found; thence S 24° 38' E 141.5 feet to a point in the northerly
bank of the Dan River; thence with the Dan River the following courses and distances: S 66° 35'
W 48.8 feet; S 54° 44' W 77.0 feet; S 61° 37' W 108.8 feet; S 55° 43' W 74.6 feet; S 53° 05' W
203.1 feet; S 32° 02' W 281.5 feet; S 27° 20' W 140.7 feet; S 27° 58' W 436.3 feet; S 29° 28' W
142.1 feet; S 26° 31' W 236.2 feet; S 41° 30' W 204.0 feet; S 52° 38' W 266.5 feet; S 58° 31' W
263.2 feet; S 63° 40' W 317.8 feet; S 57° 38' W 75.4 feet; S 65° 46' W 312.0 feet; S 71° 46' W
148.1 feet; S 75° 07' W 232.9 feet; S 76° 21' W 205.8 feet