Orange County NC Website
27 <br /> ARTICLE 4A. <br /> Extension of Corporate Limits. <br /> Part 1. -Extension by Petition. <br /> § 160A-29. Map of annexed area, copy of ordinance <br /> and election results recorded in the of- <br /> fice of register of deeds. <br /> Whenever the limits of any municipal corporation are enlarged, <br /> in accordance with the provisions of this Article, it shall be the duty <br /> of the mayor of the city or town to cause an accurate map of such <br /> annexed territory, together with a copy of the ordinance duly certi- <br /> fied, and the official results of the election, if conducted, to be re- <br /> corded in the office of the register of deeds of the county or counties <br /> in which such territory is situated and in the office of the Secretary <br /> of State. The documents required to be filed with the Secretary of <br /> State under this section shall be filed not later than 30 days follow- <br /> ing the effective date of the annexation ordinance. All documents <br /> shall have an identifying number affixed thereto and shall conform <br /> in size in accordance with rules prescribed by the Secretary. Failure <br /> to file within 30 days shall not affect the validity of the annexation. <br /> Any annexation shall be reported as part of the Boundary and An- <br /> nexation Survey of the United States Bureau of the Census. (1947, <br /> c. 725, s. 6; 1973,c. 426, s. 74; 1987,c. 715, s. 6; c. 879, s. 3; 1989,c. <br /> 440, s. 7; 1991, c. 586, s. 1.) <br /> Local Modification.-(As to Article ber 1, 1991, and applicable to annexa- <br /> 4A) Bladen: 1991 (Reg. Sess., 1992), c. tion documents required to be filed with <br /> 807, as. 2 and 3; Cabarrus and Orange the Secretary of State after that date, <br /> and municipalities located therein: deleted"and in the case of annexed ter- <br /> 1987,c.233,s.2;1991,c.685,s.7;(As to ritory located in a county with a popula- <br /> Article 4A)city of Durham:1993,c.342, tion of 55,000 or over according to the <br /> s. 1; (as to Part 1) town of Dobbins 1980 decennial federal census or in any <br /> Heights: 1983,c.658;(As to Article 4A) other county subject to Article 12A of <br /> town of Holden Beach: 1991,c.638,s. 1; Chapter 163 of the General Statutes, <br /> (As to Article 4A) town of Lewisville: pursuant to G.S. 163-132.6, where the <br /> 1991,c.116,s.1;(As to Article 4A)town annexation ordinance becomes effective <br /> of Middlesex: 1993, c. 480. during the period beginning January 1, <br /> Effect of Amendments. - 1988, and ending January 2, 1990, to <br /> The 1989 amendment, effective June cause a copy of such map and ordinance <br /> 26,1989,inserted"or in any county sub- to be filed with the county board of elec- It <br /> ject to Article 12A of Chapter 163 of the tions of the county where the territory is <br /> General Statutes, pursuant to G.S. located"at the end of the first sentence, <br /> 163-132.6" in the first sentence. and added the second, third and fourth <br /> The 1991 amendment, effective Octo- sentences. <br /> CASE NOTES <br /> Bight to Annexation Conditioned nicipality has made its prima facie <br /> on Compliance with Duty to Create showing of compliance with this Article, <br /> Record. - For an annexation ordi- the burden shifts to those opposing an- <br /> nance to be valid,the record must show nexation to prove either a procedural ir- <br /> prima facie complete and substantial regularity in the annexation process ma- <br /> compliance with Article 4A of§ 160A as terially prejudicing the rights of those <br /> a condition precedent to the municipal- opposing annexation or a failure on the <br /> ity's right to annex the territory, part of the municipality to comply with <br /> Matheson v.City of Asheville, 102 N.C. statutory prerequisites to annexation as <br /> App. 156, 402 S.E.2d 140 (1991). a matter of fact. Matheson v. City of <br /> If Record is Complete, Burden of Asheville,102 N.C.App.156,402 S.E.2d <br /> Showing Irregularity Shifts to Those 140 (1991). <br /> Opposing Annexation.-Once a mu- <br />