NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 997

HOUSE BILL 1973

 

AN ACT TO AUTHORIZE THE TOWN OF AYDEN TO MAKE STREET AND SIDEWALK IMPROVEMENTS.

 

The General Assembly of North Carolina enacts:

 

Section 1. The governing board of the Town of Ayden is authorized to order street improvements and assess the cost thereof, exclusive of the costs incurred at street intersections, against the abutting property owners at an equal rate per front foot, without the necessity of a petition, upon the finding by the council as a fact:

(a)       That such street or part thereof is unsafe for vehicular traffic and it is in the public interest to make such improvement, or

(b)       That it is in the public interest to connect two streets, or portions of a street already improved, or

(c)       That it is in the public interest to widen a street, or part thereof, which is already improved; provided, that assessments for widening any street or portion of street without petition shall be limited to the cost of widening and otherwise improving such a street in accordance with the street classification and improvement standards established by the town's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this act.

Sec. 2. For the purposes of this act, the term "street improvement" shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right-of-way, and the construction or reconstruction of curbs, gutters and street drainage facilities.

Sec. 3. In addition to any authority which is now or may hereafter be granted by general law to the town for making sidewalk improvements, the governing board of the Town of Ayden is hereby authorized to order to be made or to make sidewalk improvements or repairs without petition according to standards and specifications of the town and to assess the total cost thereof against abutting property owners.

Sec. 4. In ordering street and sidewalk improvements without a petition and assessing the cost thereof under authority of this act, the governing board of the Town of Ayden shall comply with the procedure provided by Article 10 of Chapter 160A of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.

Sec. 5. The effect of the act of levying assessments under authority of this act shall for all purposes be the same as if the assessments were levied under authority of Article 10 of Chapter 160A of the General Statutes.

Sec. 6. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of March, 1974.