Agenda - 05-17-1994 - VII-A - Laserfiche WebLink

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� I 28 § 16OA-31. Annexation by petition. (a) The governing board of any municipality may annex by ordi- nance any area contiguous to its boundaries upon presentation to the governing board of a petition signed by the owners of all the real property located within such area. The petition shall be signed by each owner of real property in the area and shall contain the address of each such owner. (b) The petition shall be prepared in substantially the following form: DATE: To the........................ (name of governing board)of the (City or Town) of ................ 1. We the undersigned owners of real property respectfully re- quest that the area described in paragraph 2 below be annexed to the (City or Town) of ................ 2. The area to be annexed is contiguous to the (City or Town) of ........... . and the boundaries of such territory are as follows: .................................................................................. (c) Upon receipt of the petition, the municipal governing board shall cause the clerk of the municipality to investigate the suffi- ciency thereof and to certify the result of his investigation. Upon receipt of the certification, the municipal governing board shall fix a date for a public hearing on the question of annexation, and shall cause notice of the public hearing to be published once in a newspa- per having general circulation in the municipality at least 10 days prior to the date of the public hearing;provided, if there be no such paper, the governing board shall have notices posted in three or more public places within the area to be annexed and three or more public places within the municipality. (d) At the public hearing all persons owning property in the area to be annexed who allege an error in the petition shall be given an opportunity to be heard, as well as residents of the municipality who question the necessity for annexation. The governing board shall then determine whether the petition meets the requirements of this section. Upon a finding that the petition meets the require- ments of this section, the governing board shall have authority to ' pass an ordinance annexing the territory described in the petition. I The governing board shall have authority to make the annexing j ordinance effective immediately or on any specified date within six months from the date of passage of the ordinance. , (e) From and after the effective date of the annexation ordinance, , the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in such municipal- ity and shall be entitled to the same privileges and benefits as other parts of such municipality. Real and personal'property in the newly annexed territory on the January 1 immediately preceding the be- ginning of the fiscal year in which the annexation becomes effective i is subject to municipal taxes as provided in G.S. 160A-58.10. If the effective date of annexation falls between June 1 and June 30, and the effective date of the privilege license tax ordinance of the an- nexing municipality is June 1, then businesses in the area to be annexed shall be liable for taxes imposed in such ordinance from and after the effective date of annexation. (f) For purposes of this section,an area shall be deemed"contigu- ous"if, at the time the petition is submitted, such area either abuts directly on the municipal boundary or is separated from the munici- pal boundary by a street or street right-of-way, a creek or river, or the right-of-way of a railroad or other public service corporation, lands owned by the municipality or some other political subdivi- sion, or lands owned by the State of North Carolina. In describing the area to be annexed in the annexation ordinance, the municipal governing board may include within the description any territory described in this subsection which separates the municipal bound- ary from the area petitioning for annexation. _