Agenda - 01-16-1997 - 2 - Laserfiche WebLink

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0 CHAPTER _ ., Session Laws 1917 Session Laws— 19$7 Cki'APT►... .34 ' < of this requirement null and void with respect to any property covered as a copy of Cite annexation ordimtnce and ally offer Ln under an agreement. j minutes or documents that constitute the record of the (d) if, on or before life date of a p.rblic hearing on voluntary annexation procedure. in annexation, an annexing municipality that is a party to an agrecment c. The court shall fix the date for review of annexation receives front another party to such agreement a written statement i proceedings under (Iris Part, which review shall 0 protesting the proposed annexation on the MIS of an alleged viotation preferably be within 30 days following the datc of d+e of such agreement, then an annexation ordinance adopted by the litiol to lite end that revicw shall be expeditious acrd annexing municipality may not make the annexation effective sooner wthota unnecessary delay's. The review shall he ro than 30 days following the date.of the adop•ion of such ordinance. conducted by the court w•ilhout a jury. The coull rtav (e) Monetary damages shall not constitute a remedy for breach of hear oral ar unncuts and receive written t)riefs, and may n any agreement. However, an alleged brercti of such agreement may ! take eviden a intended to determine whether there has 0 be redressed as provided in this subsection. been a violatio» of a+t agreement authorized under this (1) Any party to an agreement entered Into under this section section. to who believes that another party has adopted an invoimntary d. if the court deterntines that then•c has been n viol�ion 3 annexation ordinance in violation of the agreement ma t g 7 ' of aft annexation agreenten(, it shall declare the � appeal the annexation in life manner set forth in G.S. anncxatiofl null and void aad may order auv addi0iial _ 160A-38 or G.S. 160A-50 (as appropriate), except that the relief that appears appropriate. o pclitioning party to such an agreement need not c. If an area that has been voluntarily annexed is the 4 demonstrate ►naterial injury ar prejudice beyond the subject of an appeal to the superior, court or appellate violation of (Ile agreement. If die court concludes that file division on lite effective date of flit ordinance, ilrer Cite _ agreement has becn violated, is shall. In addition to any ordinance shall he deemed amended to ,hake file other appropriate remedy, renand the ordinance to the effective date with respect to such area the Hate of the = municipal governing' board for amendment of life final judgment of the superior court or appellate a annexation boundaries to exclade the area included in division, whichever is appropriate." tC violation of the agreement. Scc. 3. This act shall apply only to Orange County and to (2) Any party to an agreement who believes that another party tit unici>alilies located within that county. a has adopted a volumary annexation ordinance in violation 1 of Cite agreement stay, not later than 30 days After the Sec, 4. This act is effective(illy upon rctifi ttics . I Y !n life General Assunbly read three ti»+cs and ratifiecl tlri;. life adoption of an such ordinance, file a t P y petition in the :2nd day of tvtay, 1987. , superior court of the county in which file municipality is t located seeking review of file ac ion of the governing board 11 B. 848 CHAPTER 234 adopting such ordinance. t a. Such petition shall explicitly state what exceptions arc AN ACT TO EXEMPT THE TOWN Or' KNiGHTDALE FROM t . taken fa the action of the governing body and what SILL' ItGSTR.1CTIONS ON SATELLIi•E ANNEXATIONS relict the petitioner seeks. Within 5 days after the UNDER CERTAIN CONDITIONS. petition is filed with the court, the party seeking review shall serve copies of Cite actition by cerlificd mail, the General.Isse»rGly of North Carolina t,oarrs: return receipt requested upon the annexing Stctiun 1. A subdivision ntay be annexed under Part d of municipality. Article 4A of Chaplet` 160A of the General Statutes notwiihstauditng b. Within 15 days after receipt of the copy of the petition the litntitation of G.S. 160A-58•I(b)(5) if the: for review, or within such idditiona) time as the court (1) city annexing the area is providhtg water and sewer service may allow, the municipal t}" shall transmit to the to the subdivision: reviewhtg court a copy of the annexation pefifion as well (2) subdivision is totally within lire exh-atcr:ilorial zoning jurisdiction of file city; 312 31;1 i