CHARTER AMENDMENTS
• Session Law 2012-117, HB 1206 - An Act to More Accurately Describe the corporate Limits of the Town of Butner
• “ARTICLE XXII: An Ordinance amending the Charter of the Town of Butner to Implement Four-Years Staggered Terms for the Members of the Town Council”
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 Authoritv/Dutchville Township-Granville Countv/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.
(c) 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/ Thorn Tillis
Speaker of the House of Representatives
ARTICLE XXII
AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF BUTNER TO IMPLEMENT FOUR-YEAR STAGGERED TERMS FOR THE MEMBERS OF THE TOWN COUNCIL
Section 1. Pursuant to G.S.160A-101 and 160A-102, the Charter of the Town of Butner, as set forth in Session Law 2007-269 of the General Assembly of North Carolina, as amended, is hereby further amended to provide that the members of the Town Council shall hereafter be elected for four-year terms on a staggered basis as set forth in Section 2 below.
Section 2. At the regular municipal election to be held in 2013, the three candidates who receive the highest number of votes shall be elected for four-year terms, while the three candidates who receive the next highest number of votes shall be elected for two-year terms. At the regular municipal election to be held in 2015, and every four years thereafter, three members of the Council shall be elected to serve for four-year terms. At the regular municipal election to beheld in 2017, and every four years thereafter, three members of the Council shall be elected to four-year terms.
Section 3. The Town Clerk shall cause a notice to be duly published, stating that an ordinance amending the Charter to implement four-year staggered terms for the members of the Town Council has been adopted. Subject to any referendum petitioned for and conducted pursuant to G.S. 160A-103, this ordinance shall be in full force and effect from and after May 16, 2012 subject, however, to approval of the amendment by the United States Department of Justice.