Town Council – Public Hearing:   1/24/2013
Staff Recommendation:   Adoption with effective date of determined by Council action
Action:    

The document that Council will consider for adoption at this meeting follows: 

12-A-21

AN ORDINANCE ANNEXING LANDS NOT CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY, NORTH CAROLINA 

WHEREAS, on 11/14/2012, the Town Council has been petitioned under G.S. 160A-58.1 to annex the area described below:

Alice Jean Council; Wake County Parcel Identification #0723882305; including 1.29 acres, plus 0.00 acres of adjacent right-of-way; which are Yes to the existing municipal limits of the Town of Cary; and

WHEREAS, on 12/13/2012, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 12/13/2012, the Town Council of the Town of Cary ordered a public hearing on the question of said annexation and Notice of a Public Hearing was published in the newspaper of general circulation as required by law; and

WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 1/24/2013 at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and

WHEREAS, the Town Council hereby finds that the area described herein meets the standards of G.S. 160A-58.1(b), described as follows:

a.   The nearest point on the proposed satellite corporate limits is not more than three miles from the corporate limits of the Town.

b.   No point on the proposed satellite corporate limits is closer to another municipality than to the Town.

c.   The area described is so situated that the Town will be able to provide the same services within the proposed satellite corporate limits that it provides within the primary corporate limits.

d.   No subdivision, as defined in G.S. 160A-376, will be split up by this proposed annexation.

e.   The area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, does not exceed ten percent (10%) of the area within the primary corporate limits of the Town.

f.    The public health, safety, and welfare of the Town and of the area proposed for annexation will be best served by annexing the area described herein; 

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina that:

Section 1.  By virtue of the authority granted by 160A-58.1, the area described in the petition and depicted on the map (which is on file in the planning department), is hereby annexed to and made a part of the Town of Cary, effective on 1/24/2013 with a condition that the property owner connect to the Town of Cary sewer/water line based upon the Town’s policy(ies) in place on the effective date of this ordinance.  A map and description of the annexed area are on file in the Planning Department, Cary Town Hall.

LEGAL DESCRIPTION

Wake County Parcel Identification #0723882305

Section 2.  That from and after the effective date of this ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality. Said territory shall be subjected to municipal taxes according to G.S. 160A-58.10.

Section 3.  The Mayor of the Town of Cary shall cause an accurate map of the newly annexed territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.

Section 4.  Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map by drawing in the territory annexed, or setting out the boundaries in a written description, or showing the current Town boundaries by a combination of these techniques.  Such a map shall also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1

Section 5.  Pursuant of G.S. 160A-23, the boundaries of Electoral District A are hereby revised to account for and include the territory annexed, and the Official Town Map of Electoral Wards is hereby amended to include the annexed territory in the said Electoral District.

Adopted on 1/24/2013.

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CERTIFICATION

I, Sue Rowland, Town Clerk of the Town of Cary, North Carolina, do hereby certify the foregoing to be true copy of an ordinance duly adopted at the meeting of the Town Council held on 1/24/2013.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 1/24/2013. 

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                                                                                                Sue Rowland, Town Clerk