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§ 160A-58.24. Contents of agreements; procedure.

§ 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 theagreement.  The boundaries of such area or areas may be established at suchlocations as the participating cities shall agree.  Thereafter, anyparticipating city may follow such boundaries in annexing any property, whetheror not such boundaries follow roads or natural topographical features.

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

(4)        State the effective date of the agreement.

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

(6)        Include any other necessary or proper matter.

(b)        The written notice required by subdivision (a)(5) of thissection shall describe the area to be annexed by a legible map, clearly andaccurately 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 noticeshall not be effective for more than 180 days.

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

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

(e)        No agreement entered into under this Part shall be bindingbeyond three miles of the primary corporate limits of a participating citywhich is permitted to annex the area under the agreement, unless approved bythe board of county commissioners with jurisdiction over the area.  Providedhowever, that an area where the agreement is not binding because of failure ofthe board of county commissioners to approve it, shall become subject to theagreement if subsequent annexation brings it within three miles.  The approvalof a board of county commissioners shall be evidenced by a resolution adoptedafter a public hearing as provided in subsection (c).

(f)         A participating city may terminate an annexation agreementunilaterally or withdraw itself from the agreement, by repealing the ordinanceby which it approved the agreement and providing five years' written notice tothe other participating cities.  Upon the expiration of the five‑yearperiod, an agreement originally involving only two cities shall terminate, andan agreement originally involving more than two cities shall terminate unlesseach of the other participating cities shall have adopted an ordinancereaffirming the agreement. (1989, c. 143, s. 1.)

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