Agenda - 11-25-2013 - C3 - Laserfiche WebLink

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99 or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. The question of the compensation and allowances of members of the council is not a matter involving a member's own financial interest or official conduct. An affirmative vote equal to a majority of all the members of the council not excused from voting on the question in issue, including the mayor's vote in case of an equal division, shall be required to adopt an ordinance, take any action having the effect of an ordinance, authorize or commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of the city. In addition, no ordinance nor any action having the effect of any ordinance may be finally adopted on the date on which it is introduced except by an affirmative vote equal to or greater than two thirds of all the actual membership of the council, excluding vacant seats and not including the mayor unless the mayor has the right to vote on all questions before the council. For purposes of this section, an ordinance shall be deemed to have been introduced on the date the subject matter is first voted on by the council." SECTION 12. G.S. 160A-377(a)reads as rewritten: "(a) When a subdivision ordinance adopted under this Part provides that the decision whether to approve or deny a preliminary or final subdivision plat is to be made by a city council or a planning board, other than a planning board comprised solely of members of a city planning staff, and the ordinance authorizes the council or planning board to make a quasi-judicial decision in deciding whether to approve the subdivision plat, then that quasi-judicial decision of the council or planning board shall be subject to review by the superior court by proceedings in the nature of certiorari. The provisions of G.S. 160A-381(c), 160A 388(e2) 160A-388(e2)(2), and 160A-393 shall apply to those appeals." SECTION 13. G.S. 160A-393(c)(3)reads as rewritten: "(3) Set forth with particularity the allegations and facts, if any, in support of allegations that, as the result of impermissible conflict as described in 160A 388(e *G.S. 160A-388(e)(2), or locally adopted conflict rules, the decision-making body was not sufficiently impartial to comply with due process principles." SECTION 14. G.S. 160A-3930)(2)reads as rewritten: "(2) Whether, as a result of impermissible conflict as described in 160A 388(e *G.S. 160A-388(e)(2), or locally adopted conflict rules, the decision-making body was not sufficiently impartial to comply with due process principles." SECTION 15. This act becomes effective October 1, 2013, and applies to actions taken on or after that date by any board of adjustment. In the General Assembly read three times and ratified this the 10 ' day of June, 2013. s/ Daniel J. Forest President of the Senate s/ Thom Tillis Speaker of the House of Representatives s/ Pat McCrory Governor Approved 4:20 p.m. this 19th day of June, 2013 SL2013-126 Session Law 2013-126 1 `� �'