NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

CHAPTER 144

HOUSE BILL 243

AN ACT AMENDING CHAPTER 224 OF THE PRIVATE LAWS OF 1927 ENTITLED "AN ACT CONFERRING POWER ON CERTAIN CITIES AND TOWNS TO MAKE CERTAIN LOCAL IMPROVEMENTS AND PRESCRIBING THE PROCEDURE THEREFOR AND FOR THE ASSESSMENT OF ALL OR A PART OF THE COST THEREOF", AS AMENDED, AS THE SAME RELATES TO THE CITY OF WINSTON-SALEM.

The General Assembly of North Carolina do enact:

Section 1. Chapter 224 of the Private Laws of 1927, as amended, is hereby further amended as follows:

(a)       The second sentence in paragraph (c) (Water Mains and Sewers) of Section 14 (Preliminary Assessment) is amended by inserting after the words "their respective frontages thereon" and before the words "by an equal rate" the following: "(i.e., the entire frontage benefited by the water or sanitary sewer project)", so that, as amended, the first part of said second sentence, down to the word "Provided" will read:

"Such cost shall be assessed against the lots and parcels of land abutting on said street or streets, or parts thereof, according to their respective frontages thereon (i.e., the entire frontage benefited by the water or sanitary sewer project) by an equal rate per foot of such frontage:"

(b)       Section 14 (Preliminary Assessment) is amended by inserting a new paragraph between paragraphs (d) and (e) to be designated (d-1) and to read as follows:

"(d-1)   Water Mains and Sewers and Laterals; Flat Rate Assessment. In lieu of assessing each water and sanitary sewer improvement project on the basis of the cost of that particular project, the governing body of the municipality shall have authority to establish flat rates per frontage foot for the assessment of property abutting water and sewer improvement projects, based on the average cost of constructing 6-inch water mains and 8-inch sanitary sewer mains in the municipality, and shall also have authority to establish flat rates for the assessment of property abutting the installation of water and sanitary sewer laterals, based on the average cost of installing such laterals in the municipality. The governing body of the municipality may then assess property abutting water and sanitary sewer improvement projects on the basis of the flat rates so established, subject to the right of any non-petitioning property owner to have the assessment against his property adjusted as provided by law upon a showing that his property has not been benefited to the extent of the assessment."

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall apply only to the City of Winston-Salem.

Sec. 4. 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 30th day of March, 1965.