NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 775

HOUSE BILL 1263

 

 

AN ACT TO REVISE THE MUNICIPAL SERVICE DISTRICT ACT OF 1973.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 160A-536 is amended by inserting in the second (and concluding) paragraph thereof, two new sentences, after the present first sentence of that paragraph, to read as follows:

"In addition, a downtown revitalization project may, in order to revitalize a downtown area and further the public health, safety, welfare, and convenience, include the provision of city services or functions in addition to or to a greater extent than those provided or maintained for the entire city. A downtown revitalization project may also include promotion and developmental activities (such as sponsoring festivals and markets in the downtown area, promoting business investment in the downtown area, helping to coordinate public and private actions in the downtown area, and developing and issuing publications on the downtown area) designed to improve the economic well-being of the downtown area and further the public health, safety, welfare, and convenience."

Sec. 2.  G.S. 160A-536 is further amended by adding a new third paragraph at the end thereof, to read as follows:

"A city may provide services, facilities, functions, or promotional and developmental activities in a service district with its own forces, through a contract with another governmental agency, through a contract with a private agency, or by any combination thereof. Any contracts entered into pursuant to this paragraph shall specify the purposes for which city moneys are to be used and shall require an appropriate accounting for those moneys at the end of each fiscal year or other appropriate period."

Sec. 3.  Article 23 of Chapter 160A of the General Statutes is amended by inserting a new G.S. 160A-538.1 as follows:

"§ 160A-538.1.  Reduction of service districts. — (a) Upon finding that there is no longer a need to include within a particular service district any certain tract or parcel of land, the city council may by resolution redefine a service district by removing therefrom any tract or parcel of land which it has determined need no longer be included in said district. The city council shall hold a public hearing before adopting a resolution removing any tract or parcel of land from a district. Notice of the hearing shall state the date, hour and place of the hearing, and its subject, and shall be published at least once not less than one week before the date of the hearing.

(b)        The removal of any tract or parcel of land from any service district shall take effect at the end of a fiscal year following passage of the resolution, as determined by the city council."

Sec. 4.  Article 23 of Chapter 160A of the General Statutes is amended by inserting a new G.S. 160A-544 as follows:

"§ 160A-544.  Exclusion of personal property of public service corporations. — There shall be excluded from any service district and the provisions of this Article shall not apply to the personal property of any public service corporation as defined in G.S. 160A-243(c); provided that this section shall not apply to any service district in existence on January 1, 1977."

Sec. 5.  This act shall become effective upon ratification, but shall not apply to any district established prior to January 1, 1975.

In the General Assembly read three times and ratified, this the 28th day of June, 1977.