NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 676

HOUSE BILL 976

AN ACT TO AMEND CHAPTER 1073 OF THE 1957 SESSION LAWS TO PERMIT THE CHARLOTTE-MECKLENBURG BOARD OF EDUCATION TO CONTRACT FOR AND PAY THE COSTS OF STREET IMPROVEMENTS.

The General Assembly of North Carolina do enact:

Section 1. Chapter 1073 of the Session Laws of 1957 is amended by adding at the end of Section 7 new subsections to be known as subsections (a), (b), (c) and (d), and to read as follows:

"(a)     The Board shall have full power and authority to contract for and pay the costs of street improvements to public streets and highways and streets dedicated to the public use, and upon which public streets and highways, or dedicated streets, school property abuts and to the extent of the frontage of such school property on said streets or highways.

"(b)     The term 'street improvements' shall be deemed to include the grading, widening, paving or repaving and the construction, reconstruction and alteration of curbs, gutters and drains of streets and highways and the construction of sidewalks.

"(c)     The Board shall have full power and authority to join with the owners of property abutting on the opposite side of any public street or highway or dedicated street in contracting for street improvements and to pay its pro rata part of the costs thereof based upon the length of the frontage of the property so abutting; provided, any contract by the Board alone or any contract in which it may join shall be awarded only after public advertisement, competitive bidding and otherwise complying with all of the provisions of G. S. 143-129.

"(d)     Street improvements to any public street or highway or dedicated street shall be contracted for and undertaken only after receiving express permission and approval of municipal authority in the case of any street or highway under the control and jurisdiction of such authority and the State Highway Commission in the case of any street or highway under its control and jurisdiction; and the Board shall comply with any ordinance, rule or regulation enacted or adopted by the agency having such jurisdiction or control."

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 4th day of June, 1963.