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

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29 (g) The governing board may initiate annexation of contiguous property owned by the municipality by adopting a resolution stat- ing its intent to annex the property, in lieu of filing a petition. The resolution shall contain an adequate description of the property, state that the property is contiguous to the municipal boundaries and fix a date for a public hearing on the question of annexation. Notice of the public hearing shall be published as provided in sub- section (c) of this section. The governing board may hold the public hearing and adopt the annexation ordinance as provided in subsec- tion (d) of this section. (h) A city council which receives a petition for annexation under this section may by ordinance require that the petitioners file a signed statement declaring whether or not vested rights with re- spect to the properties subject to the petition have been established under G.S. 160A-385.1 or G.S. 153A-344.1. If the statement de- clares that such rights have been established, the city may require petitioners to provide proof of such rights. A statement which de- clares that no vested rights have been established under G.S. 160A-385.1 or G.S. 153A-344.1 shall be binding on the landowner and any such vested right shall be terminated. (1947, c. 725, s. 8; 1959, c. 713; 1973, c. 426, s. 74; 1975, c. 576, s. 2; 1977, c. 517, s. 4; 1987, c. 562, s. 1; 1989 (Reg. Sess., 1990), c. 996, s. 3.) Local Modification. —City of Dur- ment,effective October 1, 1991,and ap- ham: 1993, c. 342, s. 1; town of plicable only to site specific development Morrisville: 1989, c. 389, s. 1. plans approved on or after that date, Effect of Amendments. — added subsection W. The 1989 (Reg. Sess., 1990) amend- CASE NOTES Subsection (f)— "Contiguous". — only by virtue of second tract of land North Carolina annexation statutes do that is being annexed simultaneously. not permit municipality to annex by vol- City of Kannapolis v. City of Concord, untary means tract of land that is con- 326 N.C. 512, 391 S.E.2d 493 (1990). tiguous with its municipal boundaries §. 16OA-31.1. Assumption of debt. (a) If the city has annexed under this Part any area which is served by a rural fire department and which is in: (1) An insurance district defined under G.S. 153A-233; (2) A rural fire protection district under Article 3A of Chapter 69 of the General Statutes; or (3) A fire service district under Article 16 of Chapter 153A of the General Statutes, then beginning with the effective date of annexation the city shall pay annually a proportionate share of any payments due on any debt (including principal and interest) relating to facilities or equipment of the rural fire department, if the debt was existing at the time of submission of the petition for annexation to the city under this Part. The rural fire department shall make available to the city not later than 30 days following a written request from the city, information concerning such debt. The rural fire department forfeits its rights under this section if it fails to make a good faith response within 45 days following receipt of the written request for information from the city, provided that the city's written request so states by specific reference to this section. (b) The annual payments from the city to the rural fire depart- ment on such shared debt service shall be calculated as follows: (1) The rural fire department shall certify to the city each year the amount that will be expended for debt service subject to be shared by the city as provided by subsection(a)of this section; and (2) The amount determined under subdivision (1) of this sub- section shall be multiplied by the percentage determined