North Carolina General Statutes § 160A-58.24 Contents of agreements; procedure

(a)        The agreement shall:

(1)        State the duration of the agreement.

(2)        Describe clearly the area or areas subject to the agreement.  The boundaries of such area or areas may be established at such locations as the participating cities shall agree.  Thereafter, any participating city may follow such boundaries in annexing any property, whether or not such boundaries follow roads or natural topographical features.

(3)        Specify one or more participating cities which may not annex the area or areas described in the agreement.

(4)        State the effective date of the agreement.

(5)        Require each participating city which proposes any annexation to give written notice to the other participating city or cities of the annexation at least 60 days before the adoption of any annexation ordinance; provided, however, that the agreement may provide for a waiver of this time period by the notified city.

(6)        Include any other necessary or proper matter.

(b)        The written notice required by subdivision (a)(5) of this section shall describe the area to be annexed by a legible map, clearly and accurately showing the boundaries of the area to be annexed in relation to:  the area or areas described pursuant to subdivision (a)(2) of this section, roads, streams and any other prominent geographical features.  Such notice shall not be effective for more than 180 days.

(c)        No agreement may be entered into under this Part unless each participating city has held a public hearing on the agreement prior to adopting the ordinance approving the agreement.  The governing boards of the participating cities may hold a joint public hearing if desired.  Notice of the public hearing or hearings shall be given as provided in G.S. 160A-31(c).

(d)       Any agreement entered into under this Part may be modified or terminated by a subsequent agreement entered into by all the participating cities to that agreement.  The subsequent agreement shall be approved by ordinance after a public hearing or hearings as provided in subsection (c).

(e)        No agreement entered into under this Part shall be binding beyond three miles of the primary corporate limits of a participating city which is permitted to annex the area under the agreement, unless approved by the board of county commissioners with jurisdiction over the area.  Provided however, that an area where the agreement is not binding because of failure of the board of county commissioners to approve it, shall become subject to the agreement if subsequent annexation brings it within three miles.  The approval of a board of county commissioners shall be evidenced by a resolution adopted after a public hearing as provided in subsection (c).

(f)        A participating city may terminate an annexation agreement unilaterally or withdraw itself from the agreement, by repealing the ordinance by which it approved the agreement and providing five years' written notice to the other participating cities.  Upon the expiration of the five-year period, an agreement originally involving only two cities shall terminate, and an agreement originally involving more than two cities shall terminate unless each of the other participating cities shall have adopted an ordinance reaffirming the agreement. (1989, c. 143, s. 1.)

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Last modified: March 23, 2014