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Planning Board - 120121
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Planning Board - 120121
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11/23/2021 2:17:32 PM
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Date
12/1/2021
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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Planning Board minutes - 120121
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19 <br /> (5) Require each participating city which proposes any annexation to give written notice <br /> to the other participating city or cities of the annexation at least 60 days before the <br /> adoption of any annexation ordinance; provided, however, that the agreement may <br /> provide for a waiver of this time period by the notified city. <br /> (6) Include any other necessary or proper matter. <br /> (b) The written notice required by subdivision (a)(5) of this section shall describe the area to be annexed <br /> by a legible map, clearly and accurately showing the boundaries of the area to be annexed in relation to: the area <br /> or areas described pursuant to subdivision (a)(2) of this section, roads, streams and any other prominent <br /> geographical features. Such notice shall not be effective for more than 180 days. <br /> (c) No agreement may be entered into under this Part unless each participating city has held a public <br /> hearing on the agreement prior to adopting the ordinance approving the agreement. The governing boards of the <br /> participating cities may hold a joint public hearing if desired. Notice of the public hearing or hearings shall be <br /> given as provided in G.S. 160A-31(c). <br /> (d) Any agreement entered into under this Part may be modified or terminated by a subsequent agreement <br /> entered into by all the participating cities to that agreement. The subsequent agreement shall be approved by <br /> ordinance after a public hearing or hearings as provided in subsection(c). <br /> (e) No agreement entered into under this Part shall be binding beyond three miles of the primary corporate <br /> limits of a participating city which is permitted to annex the area under the agreement, unless approved by the <br /> board of county commissioners with jurisdiction over the area. Provided however, that an area where the <br /> agreement is not binding because of failure of the board of county commissioners to approve it, shall become <br /> subject to the agreement if subsequent annexation brings it within three miles. The approval of a board of county <br /> commissioners shall be evidenced by a resolution adopted after a public hearing as provided in subsection(c). <br /> (f) A participating city may terminate an annexation agreement unilaterally or withdraw itself from the <br /> agreement,by repealing the ordinance by which it approved the agreement and providing five years'written notice <br /> to the other participating cities. Upon the expiration of the five-year period, an agreement originally involving <br /> only two cities shall terminate, and an agreement originally involving more than two cities shall terminate unless <br /> each of the other participating cities shall have adopted an ordinance reaffirming the agreement. (1989, c. 143, s. <br /> 1.) <br /> § 160A-58.25. Effect of agreement. <br /> From and after the effective date of an agreement,no participating city may adopt an annexation ordinance as <br /> to all or any portion of an area in violation of the agreement. (1989, c. 143, s. 1.) <br /> § 160A-58.26. Part grants no annexation authority. <br /> Nothing in this Part shall be construed to authorize the annexation of any area which is not otherwise subject <br /> to annexation under applicable law. (1989, c. 143, s. 1.) <br /> § 160A-58.27. Relief. <br /> (a) Each provision of an agreement shall be binding upon the respective parties. Not later than 30 days <br /> following the passage of an annexation ordinance concerning territory subject to an agreement, a participating <br /> city which believes that another participating city has violated this Part or the agreement may file a petition in the <br /> superior court of the county where any of the territory proposed to be annexed is located, seeking review of the <br /> action of the city alleged to have violated this Part or the agreement. <br /> (b) Within five days after the petition is filed with the court, the petitioning city shall serve copies of the <br /> petition by certified mail, return receipt requested, upon the respondent city. <br /> (c) Within 15 days after receipt of the copy of the petition for review, or within such additional time as <br /> the court may allow, the respondent city shall transmit to the reviewing court: <br /> (1) A transcript of the portions of the ordinance or minute book in which the procedure for <br /> annexation has been set forth; <br /> (2) A copy of resolutions, ordinances, and any other document received or approved by <br /> the respondent city's governing board as part of the annexation proceeding. <br />
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