NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 15

HOUSE BILL 33

 

 

AN ACT TO AMEND THE CITY CHARTER OF THE CITY OF  RALEIGH (CHAPTER 1184 OF THE SESSION LAWS OF NORTH CAROLINA 1949) RELATING TO THE IMPROVEMENT OF STREETS AND THE ASSESSMENT OF THE COST THEREOF WITHOUT PETITION.

 

The General Assembly of North Carolina do enact:

 

Section 1. That the first paragraph of Section 105(b) of Chapter 672 of the Session Laws of North Carolina 1955 be amended to read as follows:

"(b)     When Petition Unnecessary-Street Improvement. Notwithstanding other provisions of this Charter or of any other laws, whenever there is an unimproved portion of a continuous street between improved portions thereof or from an improved portion of said street to an improved street or where there is an unimproved street between improved parallel streets (if such street has been classified by the City Council of the City of Raleigh as a thoroughfare and if such unimproved portion be not more than 1500 feet in length), and a majority of the owners owning a majority of the lineal footage of property abutting the street or unimproved portion thereof are unwilling or fail to petition for its improvement, and the City Council shall find by a personal inspection by each member of the Council, that such improvement is necessary in the public interest, the City Council may, without petition order the making of such improvement and the assessment of the cost thereof against abutting property in the same manner as such assessment would be made upon petition. Whenever such improvement is ordered made by authority of this paragraph, the ordering of the paving of any street or part thereof may include the necessary water main and sewer improvements and the necessary water and sewer laterals, and it may, but need not, include the construction of curbs, gutters, drains or sidewalks on one or both sides of the street. Assessments authorized by this Section shall not be made against property owned or held for the sole purpose of the burial of the dead unless the City of Raleigh assume and pay such assessments as may be levied against it."

Sec. 2. All laws and clauses of laws in conflict with this Act are, to the extent of such conflict, repealed.

Sec. 3. 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 5th day of March, 1963.