Orange County NC Website
37 <br /> incorporated into the municipality without regard to any part of the area concerning which an appeal is <br /> being made. <br /> (i) If part or all of the area annexed under the terms of an annexation ordinance is the subject of <br /> an appeal to the superior court, Court of Appeals,or Supreme Court on the effective date of the ordinance, <br /> then the ordinance shall be deemed amended to make the effective date with respect to such area the first <br /> June 30th at least six months following the date of the final judgment of the superior court or appellate <br /> division, or the first June 30th at least six months from the date the municipal governing board completes <br /> action to make the ordinance conform to the court's instructions in the event of remand. For the purposes <br /> of this subsection, a denial of a petition for rehearing or for discretionary review shall be treated as a <br /> final judgment. <br /> 0) If a petition for review is filed under subsection (a) of this section or an appeal is filed under <br /> G.S. 160A-58.57(g) or G.S. 160A-58.59(g) and a stay is granted, then the time periods of three and one- <br /> half years or G.S. 160A-58.55(n) are each extended by the lesser of the length of the stay or one year for <br /> that annexation. <br /> (k) The provisions of subsection (i) of this section shall apply to any judicial review authorized <br /> in whole or in part by G.S. 160A-58.57(i) or G.S. 160A-58.57(g). <br /> (1) In any proceeding related to an annexation ordinance appeal under this section, a municipality <br /> shall not state a claim for lost property tax revenue caused by the appeal. Nothing in this Article shall be <br /> construed to mean that as a result of an appeal a municipality may assert a claim for property tax revenue <br /> lost during the pendency of the appeal. <br /> (m) Any settlement reached by all parties in an appeal under this section may be presented to the <br /> superior court in the county in which the municipality is located. If the superior court, in its discretion, <br /> approves the settlement, it shall be binding on all parties without the need for approval by the General <br /> Assembly. <br /> (n) If a final court order is issued against the annexing municipality, costs in the action, including <br /> reasonable attorneys'fees for such aggrieved person having a freehold interest in the real property located <br /> within the area described in the annexation ordinance, may be charged to the municipality. (2011-396, <br /> s. 9 2012-11, s. 5; 2013-410, s. 15.) <br /> § 160A-58.61. Annexation recorded. <br /> Whenever the limits of a municipality are enlarged in accordance with the provisions of this Part, it <br /> shall be the duty of the mayor of the municipality to cause an accurate map of such annexed territory, <br /> together with a copy of the ordinance duly certified, to be recorded in the office of the register of deeds <br /> of the county or counties in which such territory is situated and in the office of the Secretary of State. <br /> The documents required to be filed with the Secretary of State under this section shall be filed not later <br /> than 30 days following the effective date of the annexation ordinance. All documents shall have an <br /> identifying number affixed thereto and shall conform in size in accordance with rules prescribed by the <br /> Secretary. Failure to file within 30 days shall not affect the validity of the annexation. Any annexation <br /> shall be reported as part of the Boundary and Annexation Survey of the United States Bureau of the <br /> Census. (1959, c. 1009, s. 7; 1973, c. 426, s. 74; 1987, c. 715, s. 8; c. 879, s. 3; 1989, c. 440, s. 9; 1991, <br /> c. 586, s. 3; 2011-396, s. 5.) <br /> § 160A-58.62. Authorized expenditures. <br /> Municipalities initiating annexations under the provisions of this Part are authorized to make <br /> expenditures for surveys required to describe the property under consideration or for any other purpose <br /> necessary to plan for the study and/or annexation of unincorporated territory adjacent to the municipality. <br /> In addition, following final passage of the annexation ordinance, the annexing municipality shall have <br /> authority to proceed with expenditures for construction of water and sewer lines and other capital <br />