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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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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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29 <br /> (5) Fix the effective date for annexation as June 30 next following the adoption of the <br /> ordinance or the second June 30 following adoption of the ordinance,but not before the <br /> completion of the water and sewer request appeal periods are complete. <br /> (6) Together, with the list of the property owners of parcels within the area described in <br /> the annexation ordinance to which a notice was mailed under subsection (d) of this <br /> section, be delivered within five business days to the tax assessor and the board of <br /> elections of the county in which a majority of the municipality lies. <br /> (7) Repealed by Session Laws 2012-11, s. 2, effective July 1, 2012. <br /> (8) If a public body has a Web site, conspicuously post notice of the referendum until after <br /> the certification of the election. <br /> (i) Referendum Vote on Annexation Ordinance. - The procedures in G.S. 160A-58.64 shall apply <br /> to any annexation under this Part. The municipality shall reimburse the board or boards of elections the <br /> costs of the referendum required under G.S. 160A-58.64. <br /> 0) Effect of Annexation Ordinance. - From and after the effective date of the annexation <br /> ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances, and <br /> regulations in force in such municipality and shall be entitled to the same privileges and benefits as other <br /> parts of such municipality. <br /> (k) Reserved. <br /> (1) Reserved. <br /> (m) Simultaneous Annexation Proceedings. - If a municipality is considering the annexation of <br /> two or more areas which are all adjacent to the municipal boundary but are not adjacent to one another, <br /> it may undertake simultaneous proceedings under authority of this Part for the annexation of such areas. <br /> (n) Remedies for Failure to Provide Services. - If, not earlier than 30 days after the effective date <br /> of annexation and not later than 15 months from the effective date of annexation, any property owner in <br /> the annexed territory shall believe that the municipality has not followed through providing services as <br /> set forth in the report adopted under G.S. 160A-58.53 and subsection (e) of this section, the property <br /> owner may apply for a writ of mandamus. Relief may be granted by the judge of superior court if the <br /> municipality has not provided the services set forth in its plan submitted under the provisions of G.S. <br /> 160A-58.53(3)a. on substantially the same basis and in the same manner as such services were provided <br /> within the rest of the municipality prior to the effective date of annexation and those services are still <br /> being provided on substantially the same basis and in the same manner within the original corporate <br /> limits of the municipality. If a writ is issued, costs in the action, including reasonable attorneys' fees for <br /> such aggrieved property owner, shall be charged to the municipality. <br /> (o) Reports to the Local Government Commission. - The municipality shall report to the Local <br /> Government Commission as follows: <br /> (1) As to whether police protection, fire protection, solid waste services, and street <br /> maintenance services were provided in accordance with G.S. 160A-58.53(3)a., within <br /> 30 days after the effective date of the annexation. Such report shall be filed no more <br /> than 30 days following the expiration of the 30-day period. If the Local Government <br /> Commission determines that the municipality failed to deliver police protection, fire <br /> protection, solid waste services, or street maintenance services as provided for in G.S. <br /> 160A-58.53(3)a. within 30 days after the effective date of the annexation, the Local <br /> Government Commission shall notify the municipality that the municipality may not <br /> count any of the residents as part of the population of the municipality for the purpose <br /> of receiving any State, federal, or county dollars distributed based on population until <br /> all of the services are provided. <br /> (2) As to whether the extension of water and sewer lines was completed within the time <br /> period specified in G.S. 160A-58.53(3),within six months after the effective date of the <br />
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