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ORC agenda 100213
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ORC agenda 100213
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BOCC
Date
10/2/2013
Meeting Type
Regular Meeting
Document Type
Agenda
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SL2013-126 Session Law 2013-126 Page 7 <br />or who has withdrawn without being excused by a majority vote of the remaining members <br />present, shall be recorded as an affirmative vote. The question of the compensation and <br />allowances of members of the council is not a matter involving a member's own financial <br />interest or official conduct. <br />An affirmative vote equal to a majority of all the members of the council not excused from <br />voting on the question in issue, including the mayor's vote in case of an equal division, shall be <br />required to adopt an ordinance, take any action having the effect of an ordinance, authorize or <br />commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of <br />the city. In addition, no ordinance nor any action having the effect of any ordinance may be <br />finally adopted on the date on which it is introduced except by an affirmative vote equal to or <br />greater than two thirds of all the actual membership of the council, excluding vacant seats and <br />not including the mayor unless the mayor has the right to vote on all questions before the <br />council. For purposes of this section, an ordinance shall be deemed to have been introduced on <br />the date the subject matter is first voted on by the council." <br />SECTION 12. G.S. 160A-377(a) reads as rewritten: <br />"(a) When a subdivision ordinance adopted under this Part provides that the decision <br />whether to approve or deny a preliminary or final subdivision plat is to be made by a city <br />council or a planning board, other than a planning board comprised solely of members of a city <br />planning staff, and the ordinance authorizes the council or planning board to make a <br />quasi-judicial decision in deciding whether to approve the subdivision plat, then that <br />quasi-judicial decision of the council or planning board shall be subject to review by the <br />superior court by proceedings in the nature of certiorari. The provisions of G.S. 160A-381(c), <br />160A-388(e2),160A-388(e2)(2), and 160A-393 shall apply to those appeals." <br />SECTION 13. G.S. 160A-393(c)(3) reads as rewritten: <br />"(3) Set forth with particularity the allegations and facts, if any, in support of <br />allegations that, as the result of impermissible conflict as described in <br />G.S. 160A-388(e1),G.S. 160A-388(e)(2), or locally adopted conflict rules, <br />the decision-making body was not sufficiently impartial to comply with due <br />process principles." <br />SECTION 14. G.S. 160A-393(j)(2) reads as rewritten: <br />"(2) Whether, as a result of impermissible conflict as described in <br />G.S. 160A-388(e1),G.S. 160A-388(e)(2), or locally adopted conflict rules, <br />the decision-making body was not sufficiently impartial to comply with due <br />process principles." <br />SECTION 15. This act becomes effective October 1, 2013, and applies to actions <br />taken on or after that date by any board of adjustment. <br />In the General Assembly read three times and ratified this the 10th day of June, <br />2013. <br /> <br /> <br /> s/ Daniel J. Forest <br /> President of the Senate <br /> <br /> <br /> s/ Thom Tillis <br /> Speaker of the House of Representatives <br /> <br /> <br /> s/ Pat McCrory <br /> Governor <br /> <br /> <br />Approved 4:20 p.m. this 19th day of June, 2013 <br />58
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