By Robin L. Tatum

Although the procedures are sometimes described as "simple" or "summary," carrying out an involuntary annexation can be daunting, especially for smaller municipalities. Set forth below is a summary of the statutory requirements which apply to involuntary annexations by municipalities with a population of less than 5,000.

A Resolution of Intent must be enacted which states the intent of the municipality to consider annexation. The Resolution of Intent shall:

1. Describe the boundaries of the area under consideration for annexation.

2. Fix a date for a public "informational" meeting. This meeting must take place no fewer than 45 days and no more than 55 days after passage of the Resolution of Intent.  

3. Fix a date for a public hearing on the annexation question. The public hearing must take place no fewer than 60 days and no more than 90 days after passage of the Resolution of Intent.

The Annexation Report must be approved by the governing body at least 30 days prior to the public informational meeting. The report must be made available to the public at the office of the municipal clerk at that time. The Annexation Report must include the following:

1. A map (or maps) of the municipality and adjacent territory showing the following information:

	The present and proposed boundaries of the municipality; and
	The proposed extensions of water mains and sewer outfalls to serve the annexed area, if the municipality operates them. The water and sewer map must bear an engineer's seal.

2. A statement that the annexation meets the requirements of N.C. Gen. Stat. § 160A-36 (regarding the area to be annexed).

3. A statement setting forth the municipality's plans for extending municipal services to the area. These plans shall:

	Provide for extending police and fire protection, solid waste collection and street maintenance services to the annexed area on the date of annexation in substantially the same manner as provided to the rest of the municipality;
	Provide for the extension of water mains and sewer lines to the area to be annexed; and
	Set forth the method under which the municipality intends to finance the extension of these services.

4. State the impact of the annexation on any rural fire department, fire protection and fire insurance rates in the annexed area.

5. State how the proposed annexation will affect the municipality's finances and services.

1. Fix the date, hour and place of both the public informational meeting and the public hearing.

2. Describe clearly the boundaries of the area under consideration for annexation.

3. Include a legible map of the area.

4. State that the Annexation Report required by N.C. Gen. Stat. § 160A-35 will be available at the office of the municipal clerk at least 30 days prior to the date of the public informational meeting.

5. Include a statement of owners' rights under N.C. Gen. Stat. §§ 160A-37(f1) and (f2).

6. Be published once a week for at least two successive weeks prior to the public informational meeting. Notice must be mailed to all freehold owners in the area to be annexed at least four weeks prior to the public informational meeting. N.C. Gen. Stat. § 160A-37 also requires notice to be posted under certain circumstances.

The Area to be Annexed must meet the requirements of N.C. Gen. Stat. § 160A-36. This statute requires that the total area to be annexed meet the following standards:

1. The area must be adjacent or contiguous to the municipality's boundaries at the time the annexation proceeding is begun.

2. At least one-eighth of the aggregate external boundaries of the area must coincide with the municipal boundary.

3. No part of the area shall be included within the boundary of another incorporated municipality.

4. The entire area must be developed for "urban purposes" at the time of approval of the Annexation Report.

Urban purposes means any one of the following:

The acreage in use for commercial, industrial, institutional and governmental purposes shall include acreage actually occupied by buildings and other man-made structures plus other necessary and appurtenant areas (e.g., for ingress, egress, parking, utilities, etc.). Streets and street right-of ways shall not be used to determine area.

5. In fixing new municipal boundaries, recorded property lines and streets shall be used as boundaries.

1. The Annexation Report must be made available at least 30 days prior to the public informational meeting.

2. A map of the area and a list of the freehold owners must be posted in the municipal clerk's office at least 30 days prior to the public informational meeting.

3. At the public informational meeting, a municipal representative shall explain the Annexation Report. Thereafter, all property owners in the area to be annexed and all residents of the municipality must be given the opportunity to ask questions and receive answers about the proposed annexation.

 Public Hearing

1. At the public hearing, a representative of the municipality shall explain the Annexation Report.

2. Thereafter, all property owners in the area to be annexed and all residents of the municipality "shall be given an opportunity to be heard."

Passage of the Annexation Ordinance

1. The annexation ordinance may be enacted at a regular or special meeting held no sooner than 10 days and no later than 90 days after the public hearing. The ordinance can incorporate all or part of the area set forth in the notice of public hearing.

2. The annexation ordinance must:

	Contain specific findings that the area meets the requirements of N.C. Gen. Stat. § 160A-36 (relating to the area to be annexed);
	Describe the external boundaries of the area to be annexed by metes and bounds;
	Contain a statement of the intent of the municipality to provide services as set forth in the Annexation Report;
	Contain a specific finding that funds will be available on the effective date of annexation for water and sewer lines (as required by the Annexation Report) or that the municipality has the authority to issue bonds sufficient to finance the sewer and water lines; and
	Fix an effective date for the annexation (no fewer than 40 days nor more than 400 days from the passage of the Resolution of Intent).

- Unless a "resolution of consideration" was enacted by the municipality at least one year prior to the adoption of the Resolution of Intent, the effective date must be "at least one year from the date of passage of the annexation ordinance." N.C. Gen. Stat. §§ 160A-37(i) and (j).

Effect of Annexation

The mayor of the annexing municipality has a duty to record the annexation map and annexation ordinance with:

	The Register of Deeds of the appropriate county or counties; and
	The Secretary of State.

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