S.L. 1981-289

1981 SESSION

CHAPTER 289

HOUSE BILL 375

AN ACT TO AMEND THE CHARTER OF THE CITY OF WINSTON-SALEM, RELATING TO UPTOWN DEVELOPMENT PROJECTS.

The General Assembly of North Carolina enacts:

Section 1. The Charter of the City of Winston-Salem, being Chapter 232, Private Laws of 1927, as amended by Section 5 of Chapter 1023, Session Laws of 1973 (Second Session 1974), is further amended by adding a new Article XV to read:

"ARTICLE XV.

"Uptown Development Projects.

"Sec. 83. Uptown development projects. (a) Definition. In this Article, 'uptown development projects' means a capital project in the city's central business district, as defined by the Board of Aldermen, comprising one or more buildings or other improvements and including both public and private facilities. By way of illustration but not limitation, such a project might include a single building comprising a publicly owned parking structure and publicly owned convention center and a privately owned hotel or office building.

(b) Authorization. If the Board of Aldermen finds that it is likely to have a significant effect on the revitalization of the central business district, the city may acquire, construct, own, and operate or participate in the acquisition, construction, ownership, and operation of an uptown development project or of specific facilities within such a project, including the making of loans and grants, from federal or State grant funds. The city may enter into binding contracts with one or more private developers with respect to acquiring, constructing, owning, or operating such a project. Such a contract shall among other provisions, specify the following:

(1) The property interests of both the city and the developer or developers in the project.

(2) The responsibilities of the city and the developer or developers for construction of the project.

(3) The responsibilities of the city and the developer or developers with respect to financing the project.

Such a contract may be entered into before the acquisition of any real property necessary to the project.

(c) Property acquisition. An uptown development project may be constructed on property acquired by the developer or developers or on property acquired by the city, by purchase or gift.

(d) Property disposition. In connection with an uptown development project, the city may lease or convey interests in property owned by it, including air rights over public facilities, by private negotiation or sale, and Article 12 of Chapter 160A of the General Statutes does not apply to such dispositions. Article 12 of Chapter 160A shall, however, apply to the sale of city property within a project once the project is completed.

(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 construction of the entire uptown development project. If so, the contract shall include such provisions as the Board of Aldermen deems sufficient to assure that the public facility or facilities included in the project meet the needs of the city and are constructed at a reasonable price. The proposed overhead crosswalk between the proposed Radisson Hotel and the City-owned parking facility in downtown Winston-Salem may be constructed without complying with the provisions of Article 8 of Chapter 143 of the General Statutes.

(f) Operation. The city may contract for the operation of any public facility or facilities included in an uptown development project by a person, partnership, firm, or corporation, public or private. Such a contract shall include provisions sufficient to assure that any such facility or facilities are operated for the benefit of the citizens of the city.

(g) Grant funds. To assist in the financing of its share of an uptown development project, the city may apply for, accept and expend grant funds from the federal or State governments."

Sec. 2. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 1st day of May, 1981.