GENERAL ASSEMBLY OF NORTH CAROLINA

 SESSION 2011

 

 

SESSION LAW 2012-117

HOUSE BILL 1206

 

 

AN ACT to more accurately describe the CORPORATE limits of the town of butner.

 

The General Assembly of North Carolina enacts:

 

SECTION 1. Article II of the Charter of the Town of Butner, being Section 1.1 of S.L. 2007-269, reads as rewritten:

"ARTICLE II. CORPORATE BOUNDARIES.

"Section 2.1. Town Boundaries. Until modified in accordance with law, the boundaries of the Town of Butner are as shown on a map produced June 12, 2007, by the Granville County Tax Department and kept on file in the Butner City Hall, the Granville County Planning Department, and in the office of the Granville County Board of Elections. on the plat recorded at Plat Book 40, Page 168, Sheets 1-33, in the office of the Granville County Register of Deeds entitled "Corporate Limits Survey for the Town of Butner" and shall also include that certain tract of land consisting of 47.3523 acres and that certain tract of land consisting of 12.0022 acres as shown on that certain plat recorded at Plat Book 34, Page 144, in the office of the Granville County Register of Deeds entitled "Survey For: Public Acquisition/South Granville Water and Sewer Authority/Dutchville Township-Granville County/Butner, North Carolina."  The area within said boundaries shall be in the Town of Butner and in no other municipality.

"Section 2.2. Extraterritorial Jurisdiction. Until modified in accordance with law, the extraterritorial jurisdiction of the Town of Butner under G.S. 160A-360 shall be as shown on a map produced June 12, 2007, by the Granville County Tax Department and kept on file in the Butner Town Hall, the Granville County Planning Department, and in the office of the Granville County Board of Elections.maps recorded in Plat Book 40, Page 169, Sheets 1-13, in the office of the Granville County Register of Deeds entitled "Mapping of Extraterritorial Jurisdiction for the Town of Butner."

"Section 2.3. Restrictions on Annexation as to Creedmoor.

(a)        The Town of Butner may not annex under Article 4A of Chapter 160A of the General Statutes any territory not shown in its corporate limits on the plats recorded at Plat Book 40, Page 168, Sheets 1-33, in the office of the Granville County Register of Deeds entitled "Corporate Limits Survey for the Town of Butner" or in its extraterritorial jurisdiction on the map produced June 12, 2007, by the Granville County Tax Department and kept on file in the Butner Town Hall, the Granville County Planning Department, and the Granville County Board of Elections maps recorded in Plat Book 40, Page 169, Sheets 1-13, in the office of the Granville County Register of Deeds entitled "Mapping of Extraterritorial Jurisdiction for the Town of Butner" located east of the centerline of Cash Road and south of Interstate 85 without first receiving approval of the City of Creedmoor Board of Commissioners.

(b)        For a period of five years following the effective date of the incorporation of the Town of Butner, the Town of Butner may not involuntarily annex under Part 2 or 3 of Article 4A of Chapter 160A of the General Statutes any territory not shown in its corporate limits or extraterritorial jurisdiction on the map produced June 12, 2007, by the Granville County Tax Department and kept on file in the Butner Town Hall, the Granville County Planning Department, and the Granville County Board of Elections on the plats recorded at Plat Book 40, Page 168, Sheets 1-33, in the office of the Granville County Register of Deeds entitled "Corporate Limits Survey for the Town of Butner" or in its extraterritorial jurisdiction on the maps recorded in Plat Book 40, Page 169, Sheets 1-13, in the office of the Granville County Register of Deeds entitled "Mapping of Extraterritorial Jurisdiction for the Town of Butner" located west of the centerline of Cash Road and South of Interstate 85 without first receiving approval of the City of Creedmoor Board of Commissioners.

"Section 2.4. Restrictions on Annexation and Extraterritorial Jurisdiction as to the City of Durham.

(a)        Notwithstanding the provisions of G.S. 160A-58.1(b)(2) and provided the remainder of the requirements of Part 4 of Article 4A of Chapter 160A of the General Statutes are met, the City of Durham may annex by satellite annexation pursuant to G.S. 160A-58.1, or any successor statute, any territory in Durham County that is closer to the primary corporate limits of the Town of Butner than to the primary corporate limits of the City of Durham. This subsection shall also be considered as part of the Charter of the City of Durham.

(b)        In addition to any other requirements of law, the Town of Butner may not annex under Article 4A of Chapter 160A of the General Statutes any territory in Durham County, or exercise extraterritorial authority under Article 19 of Chapter 160A of the General Statutes in Durham County, without first receiving approval of the City of Durham, as evidenced by a resolution or ordinance adopted by the City Council.

(e)        The Town of Butner shall not request any changes in this section of the Charter without first receiving approval of the City of Durham, as evidenced by a resolution or ordinance adopted by the City Council."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 28th day of June, 2012.

 

 

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives