Agenda - 02-01-1994-IX-A - Laserfiche WebLink

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12 "lntei le��al .��re e mcnts Limiting Ait It- „It loll .�tith �rity. i6OA-58.20. interlocal Agrexments I.imiting Annexation Authority:-t a) The fullowin,► terms shall h i\,c the ntc:aning indi�atrcl %then u.cd in 1111• section. o ( 1) 'AI:i�eitte:nt.' An ;,LicriltCnt authetriie:d under stihst •tion (b) of this •cction. (2) 'ln\uluittai•Y ;initCx;it ion.' Annexation authorved or undertaken pursuant to Parts 3 or 3 of this Article. (3) 'Voluntary :annexation.' Annexation authorized or undertaken pursuant to G.S. 160A-31, or Part 4 of this Article. (l,) T\ko or more municipalities or gilt; or more ntttnicipalities and one or more counties stay enter into binding written agreements with each other to set forth areas or boundaries within which or heyond which one or more of the participating municipalities will refrain front engaging in annexation (voluntary, involuntary, or both). Such agreements shall be of reasonable duration, not to exceed 20 years. (c) Before engaging in involuntary annexation, a municipality that is a party to an agreement shall send to the chief administrative official of every other party to such agreement a copy of the notice of intent to annex territory specified in G.S. 160A- 38(a) or 160A-49(a) (a,; applicable). Before engaging in voluntary annexation, a municipality that is a party to an agreenlc rit shall send to each other part- to the agreement a copy of the statutorily rCduirc;d notice of public hearing on such proposed voluntary annexation. A failure 10 send the notice required herein shall render and annexation undertaken in disregard of this requirement null and void with respect to any property cave:reel under an agreement. (d) It', on or before the date of a public hearing on voluntary annexation, an annexing municipality that is a party to an agreement receives from another party to such agreement a written statement protesting the proposed annexation on the basis of ;ut allCge(l violation of such agreement, then ;ill annexation ordinance adopted by the annexing municipality may not make the annexation effective sooner than 30 days following the date of the adoption of such ordinance. (e) Monetary damages shall not constitute a remedy for breach of any agreement. However, an alleged breach of such agreement may be redressed as provided in this subsection. (1) Any party to an agreement entered into under this section who belie%e:s that another party has adopted an involuntary annexation ordinance in violation of the agreement may appeal the annexation Ili the manner set forth in G.S. 160A-38 or G.S. 160A-50 (as appropriate), except that the petitioning party to such an agreement need not demonstrate material Injury or prejudice beyond the violation of the agreement. If the court concludes that the agreement has been violated, it shall, in addition to any other appropriate: remedy, remand the ordinance to the municipal governing hoard for amendment of the annexation boundaries to exclude: the area included in violation of the agreement. (3) Any party to an agreement who believes that another party has adopted a voluntary annexation ordinance in violation of the agreement may, not later than 30 days after the adoption of any such ordinance, file a petition in the superior court of the county in which the municipality is located seeking review of the action of the governing board adopting such ordinance. a. Such petition shall explicitly state what exceptions are taken to the action of the governing body and what relief the petitioner seeks. Within 5 days after the petition is filed House Bill 738