NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1000

HOUSE BILL 613

 

 

AN ACT TO AMEND THE PRESENT PROCEDURE FOR STATE PARTICIPATION IN MEETING THE COSTS OF LOCAL IMPROVEMENTS OF BENEFIT TO STATE PROPERTY.

 

The General Assembly of North Carolina do enact:

Section 1.  Section 160-82 of the General Statutes of North Carolina is hereby amended by deleting therefrom the second and third full paragraphs, being the paragraphs added to the Section by Chapter 675, Session Laws of 1955.

Sec. 2.  Article 9 of Chapter 160 of the General Statutes of North Carolina is hereby amended by adding thereto a new Section to be numbered 160-82.1 and to read as follows:

"§ 160-82.1.  State Participation in Local Improvements. (a) Intent and Scope of Section. It is the intent of this Section to encourage, and to provide for, State participation in the financing of street, water, and sewerage improvements made by cities and counties under special assessment programs in order that benefited State property will bear its fair share of the costs, and that street, water, and sewerage services may be extended in an orderly manner and with equitable sharing of costs by the different owners of benefited property. The procedure for State participation herein provided shall apply to local improvements initiated under the authority of this Article and to those initiated under any general law or special act.

"(b)      Procedure. (1) The State may, when in the opinion of the Governor and the Council of State any State-owned property would be benefited, either immediately or in the foreseeable future, by any street, water, or sewage improvement, petition any city or county government to make such improvement and may pay its ratable part of the cost thereof from the contingency and emergency fund of the State of North Carolina, or from any funds which may have been appropriated for that purpose, or from any appropriation to the Department of Administration which may not be required for other purposes.

"(2)      If any agency of the State of North Carolina shall own or occupy any State property, the governing body of such agency may, when in its opinion the making of any street, water, or sewerage improvement would benefit either immediately or in the foreseeable future, the property owned or occupied by such agency, and with the consent of the Governor and the Council of State, petition any city or county to make such improvement and may pay its ratable cost of such improvement out of any funds appropriated for that purpose or any funds in its hands which are not required for other purposes.

"(3)      When any city or county proposes to make any street, water, or sewerage improvement and to assess all or part of the cost thereof against locally benefited property, the governing board of any such city or county may request the Governor and the Council of State to authorize the signing of a petition for the improvement and the payment by the State of its ratable part of the cost of the proposed improvement for any property owned by the State or its agencies which will be benefited by the improvement, either immediately or in the foreseeable future. Provided, the Governor and the Council of State may authorize the Director of Administration to approve or disapprove requests from cities and counties and make ratable payments as herein provided. Provided further, any city or county may appeal to the Governor and the Council of State upon the disapproval of any request by the Director of Administration. When payment is authorized, such payment may be made from the contingency and emergency fund of the State of North Carolina, from any funds which may have been appropriated for that purpose, or from any appropriation to the Department of Administration which may not be require for other purposes. All such requests by city and county governing boards shall be filed with the Director of Administration for transmission to the Governor and the Council of State, and shall include a copy of the petition for the proposed improvement in all cases in which the making of the improvement requires a petition from the owners of the benefited property."

Sec. 3.  The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  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 19th day of June, 1963.