MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   5/29/2008
Staff Recommendation:  Forward to public hearing on 6/26/2008
Action:   Forwarded to public hearing on 6/26/2008

Town Council – Public Hearing:   6/26/2008
Staff Recommendation:   Defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated rezoning (08-REZ-02)
Action:   Public hearing opened and closed; Staff directed to add case to 8/28/2008 agenda for ordinance adoption

Town Council – Ordinance Adoption:   8/28/2008
Staff Recommendation:   Adoption with an effective date determined by Council action
Action:   

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

08-A-01

AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY

WHEREAS, on 4/20/2008, the Town of Cary and Wake County have made their intentions known to the Town Council and are requesting consideration to annex the following described areas owned jointly by the Town of Cary, under G.S. 160A-53, and Wake County, under G.S. 160A-51:

Town of Cary; Wake County; Wake County Parcel Identification #’s:  0724219914, 0724316995, 0724303403, 0724416848; including 114.92 acres, plus 5.29 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 5/29/200 , the Town Clerk of the Town of Cary certified the sufficiency of said request, the same being duly made after investigation; and

WHEREAS, on 5/29/2008, 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 6/26/2008, at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and

WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-53 and 160A-51.

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

Section 1.  The area described herein that is jointly owned by the Town of Cary and Wake County and depicted on the attached map, is hereby annexed to and made a part of the Town of Cary, effective on 8/28/2008 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 #’s:  0724219914, 0724316995, 0724303403, 0724416848

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 annexed 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 8/28/2008.

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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 8/28/2008.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the Town of Cary to be affixed this 8/28/2008.

                        (Official Seal)

                                                                                    _________________________
                                                                                    Sue Rowland, Town Clerk