NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

CHAPTER 1209

HOUSE BILL 1436

AN ACT TO AMEND THE CHARTER OF THE CITY OF RALEIGH (CHAPTER 1184 OF THE SESSION LAWS OF NORTH CAROLINA, 1949, AS AMENDED).

The General Assembly of North Carolina do enact:

Section 1.  That the Charter of the City of Raleigh (Chapter 1184 of the Session Laws of North Carolina, 1949, as amended) hereby be amended as follows:

(a)       That a new section designated as 22(67) be added as follows: "Terms of commissions, Committees and Boards. To fix the terms of members of all commissions, committees and boards of the City regardless of the terms established by General Statute or special act or this Charter for the particular commissions, committees, or boards and the Council shall by ordinance establish uniform overlapping terms for all members of all commissions, committees and boards of the City. Nothing herein shall permit the City to abolish or alter the basic structure of the Civil Service Commission."

(b)       That a new section designated as 22(68) be added as follows: "Contracts with Municipal Corporation, Body Politic and Governmental Agencies. To make such contracts as the Council may desire with municipal corporations, body politic and other governmental agencies including agencies and departments of the United States government concerning services which the city of Raleigh is authorized to furnish, or for services which the contracting party is authorized to furnish. All municipal corporations, bodies politic and governmental agencies are hereby authorized to enter into such contracts with the City of Raleigh."

(c)       That Section 95 of the Charter of the City of Raleigh as amended is hereby amended by deleting the period at the end of the first sentence of said section and adding the following: ", such officers and employees may include persons appointed to enforce ordinances of the City of Raleigh and Statutes of the State of North Carolina on those properties under control of the Department of Parks and Recreation; and on said property said employees when duly appointed and sworn shall have the same power and duty as would any peace officer."

(d)       That Section 105 of the Charter of the City of Raleigh as amended is hereby amended by deleting said subsection and inserting in lieu thereof the following:

"§ 105.  Streets, Sidewalks, Driveways, etc.

(a)       Petition Unnecessary. In addition as now or may hereafter be granted to the city for making street or sidewalk improvements, the City Council is hereby authorized to order such improvements and to assess the total cost thereof against abutting properties without the necessity of a petition of property owners.

(b)       Sidewalk Repairs. The Council is further authorized to order or to make sidewalk repairs and driveway repairs across sidewalks according to standards and specifications of the City, and to assess the total cost thereof against abutting properties without the necessity of a petition of property owners.

(c)       Sidewalk on One Side of Street. If a sidewalk is constructed on only one side of the street in a residential zone, the cost thereof may be assessed against the property abutting on both sides of the street, unless there already exists a sidewalk, on the other side of the street, the total cost of which was assessed against the abutting property.

(d)       Notice to Property Owners. Before the City Council shall order improvements to be made pursuant to subsection (a) or (b) of this section it shall hold a public hearing thereon, and shall give the owners of the property to be assessed, written notice of such public hearing and the proposed action.

(e)       Assessment Procedure and Effect. In ordering street or sidewalk improvements or sidewalk repairs and assessing the cost thereof, the Council shall follow the procedures provided by the General Statutes for street and sidewalk improvements, except those provisions relating to the petition of property owners and the sufficiency thereof. The effect of levying assessments pursuant to this act shall for all purposes be the same as if they were levied under authority of the General Statutes.

(f)        Duty of Maintenance for Driveways and Sidewalks. It is the duty of every property owner to maintain the sidewalks and driveways abutting his property in good repair and safe condition.

(g)       Payment of Assessments. Any special assessment of the city for any purpose amounting to less than $100.00 shall be paid in cash within 90 days of confirmation rather than in annual installments, and shall bear interest as taxes.

(h)       Assessment Where Street is City Limit Line. In those instances where the city limit line runs along a street or road the City Council may order the improvements and assess the cost thereof against property abutting on both sides of the street as if all the abutting property were within the corporate limits. Regardless of whether the improvement is ordered pursuant to this section or other General Law.

(i)        Assessments Against Cemeteries. Assessments shall not be made against property owned or held for the sole purpose of burial of the dead unless the City of Raleigh assumes and pays for such assessment.

(j)        Supplementary Authorization. The procedure herein outlined shall be supplementary in addition to all other procedure authorized by law relating to improvements of special assessments."

Sec. 2.  Severability Clause.  If any section, subsection, sentence, clause or phrase of this act is for any reason held to be invalid such decision shall not affect the validity of the remaining portions thereof.

Sec. 3.  All laws and clauses of laws in conflict herewith are hereby repealed.

Sec. 4.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.