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-LB-'Gt 17:30 FROl9- T-830 P03/04 U-369 <br />9 <br />~s - :~aren Lincoln <br />Page 2 <br />°,w=y Z8, 2004 <br />~v local Act of the General Assembly amending the Charter of <br />;'~e Town of Carrboro (Chapter 357 of the 1985 Session Laws) and <br />t,~e Charter of the Town of Chapel Hill (Chapter 936 of tha 1986 <br />Session Laws) each of Carrboro and Chapel Hill may, "with the <br />~~~~=oval of the Orange County Board of Commissioners, construct <br />cag~tal improvements outside the Town limits but within the <br />town's extraterritorial planning area and may cooperate with the <br />State in the construction of capital improvements to State <br />'^'-g_h_way system streets within this area as well as within the <br />'-o-r..' Those same local acts define the "extraterritorial <br />--~,.-~:=-ng area" of Carrboro and of Chapel Hi11 as either <br />established by local act or pursuant to the procedures set forth <br />in G.S. 160A-360. <br />N.C. Gen. Stat. § 160A-.360 ref ere to and defines <br />°extraterritorial jurisdiction" in its expansion of the planning <br />a.:_:ttiority of cities and towns beyond the corporate limits of <br />cities and towns. Chapter 23.3 of the '1987 Session haws of the <br />=neral Assembly authorizes within Orange County °joint planning <br />-,- ._~_~.a11y agreed upon geographical areas," wherein the planning <br />-_ ~ticn of the County can be exercised by one or more of the <br />--- =:V located within the County by agreement between the town and <br />~~s~County. Carrboro, Chapel Hill and Orange County have entered <br />i~ao such a Joint Planning Agreement creating a Joint Planning <br />Ar=_a.. These sidewalk construction projects are located in part in <br />'~::e Transition Area of Carrboro and in part in the Transition <br />Area of Chapel Hill, both of which are defined in the Joint <br />Planning Agreement and identified on the Joint Plaruiing Area Land <br />?Ise Map . <br />~t is, therefore, my opinion that both Carrboro, with <br />_=-~=ct to the portion of the sidewalk projects to be located in <br />~ne~c'arrboro Transition Area and chapel Hill, with respect to the <br />pcrtion of the sidewalk projects to be located in the Chapel Hill <br />Transition Area, with the approval of the Orange County Board of <br />'"'c^r~.nissioners, may construct, maintain and thereafter be <br />-V=snon.sible for sidewalks constructed in these areas because the <br />'~narters of Casrbora and Chapel Hill so authorize with respect to <br />rhese sidewalks, to be located in an "extraterritorial planning <br />=.:_e-, as established by local act...." <br />-_'~e ~~rocedure that can be followed to accomplish this will <br />-, °_o. the Orange Cotmty Board of Commissioners to give its <br />=u^roval to these capital improvements .Located in the Carrboro <br />