CARY CHARTER AMENDMENTS.

View NCGA Bill Details2015-2016 Session
Senate Bill 848 (Local) Filed Tuesday, May 10, 2016
AN ACT AMENDING THE CHARTER OF THE TOWN OF CARY TO DELEGATE TO THE TOWN MANAGER THE AUTHORITY TO GRANT UTILITY EASEMENTS, AGREEMENTS, AND OTHER SIMILAR INTERESTS IN REAL PROPERTY OVER TOWN‑OWNED PROPERTY AND AUTHORIZING THE TOWN TO SELL, EXCHANGE, OR OTHERWISE TRANSFER REAL PROPERTY SUBJECT TO RESTRICTIONS.
Intro. by Barringer, Chaudhuri, Foushee.

Status: Ch. SL 2016-68 (Senate Action) (Jul 1 2016)

SOG comments (1):

Long title change

House committee substitute to the 2nd edition changed the long title. Original long title was AN ACT AMENDING THE CHARTER OF THE TOWN OF CARY TO CLARIFY THE TOWN'S AUTHORITY TO CONDITION SITE PLAN APPROVAL, TO DELEGATE TO THE TOWN MANAGER THE AUTHORITY TO GRANT UTILITY EASEMENTS, AGREEMENTS, AND OTHER SIMILAR INTERESTS IN REAL PROPERTY OVER TOWN-OWNED PROPERTY, AND TO AUTHORIZE THE TOWN TO SELL, EXCHANGE, OR OTHERWISE TRANSFER REAL PROPERTY SUBJECT TO RESTRICTIONS.

S 848/S.L. 2016-68

Bill Summaries:

  • Summary date: Jul 6 2016 - More information

    AN ACT AMENDING THE CHARTER OF THE TOWN OF CARY TO DELEGATE TO THE TOWN MANAGER THE AUTHORITY TO GRANT UTILITY EASEMENTS, AGREEMENTS, AND OTHER SIMILAR INTERESTS IN REAL PROPERTY OVER TOWN‑OWNED PROPERTY AND AUTHORIZING THE TOWN TO SELL, EXCHANGE, OR OTHERWISE TRANSFER REAL PROPERTY SUBJECT TO RESTRICTIONS. Enacted July 1, 2016. Effective July 1, 2016.


  • Summary date: Jun 29 2016 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Deletes proposed new Section 9.1A to Article IX of the Charter of the Town of Cary (Town), SL 2005-117, concerning the Town's regulatory powers over site plans. 


  • Summary date: Jun 2 2016 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Makes technical changes to the introductory language of both Sections 1 and 2 of the act to reflect previous changes to the Town's Charter.


  • Summary date: May 10 2016 - More information

    Identical to H 1053, filed May 9, 2016.

    Amends the Charter of the Town of Cary as follows.  

    Enacts new Section 9.1A to Article IX of the Charter of the Town of Cary (Town), SL 2005-117, concerning the Town's regulatory powers to establish that the Town has the same authority to condition the approval of site plans upon compliance with the zoning regulations; dedication or reservation of property; the making of public improvements; or the payment of fees in lieu of dedication, reservation, or public improvements as the Town has under its power to regulate the subdivision of land.  Provides that the term site plan as used in new Section 9.1A excludes plans for single-family detached residences.

    Enacts new Sections 11.2 and 11.3 to Article XI, as amended by SL 2015-84, of the Charter (Charter) of the Town.  New Section 11.2 allows the Town Council (Council) to authorize the Town Manager or Deputy Town Manager to grant utility easements and agreements or similar interests in real property over Town-owned property without obtaining Council approval.  New Section 11.3 allows the Council to sell, exchange, or transfer the fee or any lesser interest in real property, either by public sale or by negotiated private sale, when the Council determines that a sale or disposition of real property is in the public interest.  Provides that the Town can attach to the transfer and to the interest conveyed any covenants, conditions, or restrictions, or a combination of them, the Town deems necessary to further the public interest, and that the consideration received by the Town, if any, for the conveyance may reflect the restricted use of the property resulting from the covenants, conditions, or restrictions.  Allows the Town to invite bids or written proposals, including detailed development plans and site plans, for the purchase of any such property or property  interest, whether by sale, exchange, or other transfer, pursuant to the specifications as the Town requires.  Allows any conveyance of real property under new Section 11.3 to be made contingent upon any necessary rezoning of the property.  Requires any conveyance under this new Section 11.3 to be made only pursuant to a resolution of the Council authorizing the conveyance.  Requires notice by publication of the proposed transaction to be given at least 10 days prior to adoption of the resolution and to generally describe the property involved, the nature of the interest to be conveyed, and all of the material terms of the proposed transaction, including any applicable covenants, conditions, or restrictions.  Directs that the required notice must also give the time and place of the Council meeting where the proposed transaction will be considered and to announce the Council's intention to authorize the proposed transaction.  Clarifies that the authority of new Section 11.3 is in addition to, and does not limit, any other authority granted by the Charter or any other general or local law.


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