Orange County NC Website
Browse       Search
10 <br /> subsection (bI) of this section for 36 months following the certification. During the 36- <br /> month period, the municipality shall make ongoing, annual good faith efforts to secure <br /> Community Development Block Grants or other grant funding for extending water and <br /> sewer service to all parcels in the areas covered by the petition. If sufficient funding is <br /> secured so that the estimated capital cost to the municipality for extending water and <br /> sewer service, less the funds secured, would result in an annual debt service payment <br /> cost to the municipality of less than five percent(5%) of the municipality's annual water <br /> and sewer systems revenue for the most recent fiscal year, then the governing body <br /> shall within 30 days adopt an annexation ordinance for the area with an effective date <br /> no later than 24 months after the adoption of the ordinance. <br /> (2) If the Local Government Commission notifies the governing board that the estimates <br /> are not reasonable based on established governmental accounting principles and that a <br /> reasonable estimate of the annual debt service payment is less than five percent (5%) <br /> of the municipality's annual water and sewer systems revenue for the most recent fiscal <br /> year, then the governing body shall within 30 days of the notification adopt an <br /> annexation ordinance for the area with an effective date no later than 24 months after <br /> the adoption of the ordinance. <br /> (0) Municipal services shall be provided to an area annexed under subsections (b1) and 0) of this <br /> section in accordance with the requirements of Part 7 of this Article. <br /> (e) From and after the effective date of the annexation ordinance, the territory and its citizens and <br /> property shall be subject to all debts, laws, ordinances and regulations in force in such municipality and <br /> shall be entitled to the same privileges and benefits as other parts of such municipality. Real and personal <br /> property in the newly annexed territory on the January 1 immediately preceding the beginning of the <br /> fiscal year in which the annexation becomes effective is subject to municipal taxes as provided in G.S. <br /> 160A-58.10. If the effective date of annexation falls between June 1 and June 30, and the effective date <br /> of the privilege license tax ordinance of the annexing municipality is June 1, then businesses in the area <br /> to be annexed shall be liable for taxes imposed in such ordinance from and after the effective date of <br /> annexation. <br /> (f) For purposes of this section, an area shall be deemed "contiguous" if, at the time the petition <br /> is submitted, such area either abuts directly on the municipal boundary or is separated from the municipal <br /> boundary by the width of a street or street right-of-way, a creek or river, or the right-of-way of a railroad <br /> or other public service corporation, lands owned by the municipality or some other political subdivision, <br /> or lands owned by the State of North Carolina. A connecting corridor consisting solely of a street or <br /> street right-of-way may not be used to establish contiguity. In describing the area to be annexed in the <br /> annexation ordinance, the municipal governing board may include within the description any territory <br /> described in this subsection which separates the municipal boundary from the area petitioning for <br /> annexation. <br /> (g) The governing board may initiate annexation of contiguous property owned by the <br /> municipality by adopting a resolution stating its intent to annex the property, in lieu of filing a petition. <br /> The resolution shall contain an adequate description of the property, state that the property is contiguous <br /> to the municipal boundaries and fix a date for a public hearing on the question of annexation. Notice of <br /> the public hearing shall be published as provided in subsection (c) of this section. The governing board <br /> may hold the public hearing and adopt the annexation ordinance as provided in subsection (d) of this <br /> section. <br /> (h) A city council which receives a petition for annexation under this section may by ordinance <br /> require that the petitioners file a signed statement declaring whether or not vested rights with respect to <br /> the properties subject to the petition have been established under G.S. 160A-385.1 or G.S. 153A-344.1. <br /> If the statement declares that such rights have been established,the city may require petitioners to provide <br />