GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 789

HOUSE BILL 926

 

AN ACT AMENDING THE CITY CHARTER OF THE CITY OF DURHAM AND CHAPTER 908, SESSION LAWS OF 1985 WITH RESPECT TO URBAN DEVELOPMENT PROJECTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Section 108.1(e) of the Charter of the City of Durham, being Chapter 671, 1975 Session Laws, as added by Chapter 727, Session Laws of 1985, is rewritten to read:

"(e)      Construction of the project. The contract between the city and the developer or developers may provide that the developer or developers shall be responsible for: (i) construction of the entire urban development project, (ii) reconstruction and/or repair of the urban development project or any part thereof subsequent to construction of said project, (iii) construction of any addition to the urban development project, (iv) renovation of the urban development project or any part thereof, and/or (v) purchase of apparatus, supplies, materials, or equipment for the urban development project (whether during the initial equipping of the said project or subsequent thereto).  If so, the contract shall include such provisions as the city council deems sufficient to assure that the public facility or facilities included in the project or added thereto are constructed, reconstructed, repaired and/or renovated, and the apparatus, supplies, materials and equipment purchased for the public facility or facilities included in the project, are purchased at a reasonable price and the provisions of Article 8 of Chapter 143 and Article 3 of Chapter 44A of the General Statutes shall not apply to such urban development project."

Sec. 2.  Section 1(e) of Chapter 908, Session Laws of 1985, is rewritten to read:

"(e)      Construction of the project. The contract between the county and the developer or developers may provide that the developer or developers shall be responsible for: (i) construction of the entire urban development project, (ii) reconstruction and/or repair of the urban development project or any part thereof subsequent to construction of said project, (iii) construction of any addition to the urban development project, (iv) renovation of the urban development project or any part thereof, and/or (v) purchase of apparatus, supplies, materials, or equipment for the urban development project (whether during the initial equipping of the said project or subsequent thereto).  If so, the contract shall include such provisions as the board of county commissioners deems sufficient to assure that the public facility or facilities included in the project or added thereto are constructed, reconstructed, repaired and/or renovated, and the apparatus, supplies, materials and equipment purchased for the public facility or facilities included in the project, are purchased at a reasonable price and the provisions of Article 8 of Chapter 143 and Article 3 of Chapter 44A of the General Statutes shall not apply to such urban development project."

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 12th day of August, 1987.