NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 815

HOUSE BILL 1235

 

 

AN ACT AMENDING THE URBAN REDEVELOPMENT LAW RELATING TO THE CITY OF CHARLOTTE SO AS TO PERMIT DISPOSITION OF LAND ON BASES OTHER THAN THE HIGHEST MONETARY BID, WHERE SUCH DISPOSITION IS FOUND TO SERVE THE BEST INTEREST OF THE MUNICIPALITY. (APPLIES TO THE CITY OF DURHAM, ALSO.)

 

The General Assembly of North Carolina do enact:

 

Section 1. Section 160-464 (d) of the General Statutes of North Carolina is hereby amended by inserting the following at the end thereof:

"Regardless of the preceding provisions, the commission may reject the highest responsible bid and accept a lesser bid where it makes the following specific findings and where such findings are verified and approved by the governing body of the municipality after a public hearing advertised in accordance with the provisions of Section 160-463 (e):

"The general public welfare and proper development of the community will be better served by the bid which was accepted than by the higher bid or bids which were rejected, for one or more of the following reasons:

"(a)      The proposed use or development of the land under the successful bid will result in an assessed valuation for ad valorem taxation greater than that of the use or uses proposed by the higher bidders;

"(b)      The proposed use or development of the land under the successful bid will have a substantially greater beneficial effect upon neighboring property, the project area, and the community as a whole than the use or uses proposed by the higher bidders and will tend to induce greater investment in the development of other property in the area;

"(c)      The proposed use or development of the land under the successful bid will facilitate the relocation of persons or firms displaced by redevelopment projects to a substantially greater degree than the use or uses proposed by the higher bidders."

Sec. 2. This Act shall apply only to the City of Charlotte and to the City of Durham.

Sec. 3. Should any Section, clause, or provision of this Act be declared by the courts to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the Act as a whole nor of any part thereof other than the part so declared to be unconstitutional or invalid.

Sec. 4. All laws and clauses of laws in conflict herewith are hereby repealed to the extent of such conflict.

Sec. 5. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1967.