GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 992
The General Assembly of North Carolina enacts:
Section 1. Section 84(1) of Chapter 671 of the 1975 Session Laws, as added to the Charter of the City of Durham by Chapter 458 of the 1983 Session Laws, reads as rewritten:
"Sec. 84. Public Contracts. - (1) The
statutory amounts in G.S. 143-129, relating to the awarding of public
contracts, are amended so that the City Council, in awarding public contracts
for the purchase of apparatus, supplies, materials, or equipment, is subject to
the provisions of G.S. 143-129 only when such purchase requires an estimated
expenditure of public funds in an amount equal to or more than twenty
thousand dollars ($20,000). thirty thousand dollars ($30,000)."
Sec. 2. Section 115.6 of Chapter 671 of the 1975 Session Laws, as added to the Charter of the City of Durham by Chapter 802 of the 1987 Session Laws and amended by Chapter 476 of the 1989 Session Laws, reads as rewritten:
"Sec. 115.6. Payment of Facilities Fees. (a) The City Council may prescribe when and by whom a facilities fee authorized by this Article shall be paid. By way of illustration and not limitation, the City Council may require the payment of any applicable facilities fee by a developer as a condition precedent to the issuance of a building permit for the developer's new construction, or any part thereof.
(b) The City Council may
permit the payment of a facilities fee in a lump sum or in equal monthly or
annual installments over a period of time not to exceed five 10 years.
If paid in installments, such installments shall bear interest at a rate fixed
by the City Council of not more than nine percent (9%) per annum from the date
when payment by lump sum would have otherwise been due. the City
approves payment of the facilities fee in installments. The
facilities fee, with accrued interest, may be paid in full at any time.
(c) If a facilities fee
is to be paid in installments pursuant to subsection (b) of this section, then
from and after the date when payment by lump sum would have otherwise been
due, the City approves payment of the facilities fee in installments, the
fee shall be a lien on the property of the developer or other person
against which the fee was imposed. The facilities fee lien shall be of
the same nature and to the same extent as the lien for city and county property
taxes. The lien shall be inferior to all prior and subsequent liens for
State, local, and federal taxes, equal to liens of special assessments, and
superior to all other liens and encumbrances.
(d) If any installment on a facilities fee is not paid when due, then all of the installments remaining unpaid shall immediately become due and payable, and the sums due may be collected by the same process and in the same manner as property taxes due upon the property subject to the lien. By way of illustration and not limitation, the property may be sold by the City under the same rules as are prescribed by law for the foreclosure and sale of land for unpaid property taxes. Foreclosure may be begun at any time following 30 days after the due date. The City shall not be entitled to a deficiency judgment in an action to foreclose a facilities fee lien.
(e) The City may not maintain an action or proceeding to enforce any remedy for the foreclosure of a facilities fee lien unless the action or proceeding is begun within the period of time prescribed by law for the foreclosure of special assessment liens.
(f) For purposes of this section, a 'facilities fee' includes both the fee as defined in Section 115.1(3) of this Charter and the capital facilities fees for water and sewer connections established by the City pursuant to authority conferred by Article 16 of Chapter 160A of the General Statutes."
Sec. 3. Section 77(14)(c) of the Charter of the City of Durham, being Chapter 671 of the 1975 Session Laws, is amended by deleting "150 feet"in both places and substituting "200 feet".
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 20th day of July, 1992.
Henson P. Barnes
President Pro Tempore of the Senate
Daniel Blue, Jr.
Speaker of the House of Representatives