NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 612

SENATE BILL 318

 

 

AN ACT TO AUTHORIZE THE CITY OF RALEIGH TO ASSESS THE COST OF A SIDEWALK CONSTRUCTED ON ONE SIDE OF A STREET AGAINST PROPERTY OWNERS ON BOTH SIDES OF THE STREET.

 

The General Assembly of North Carolina do enact:

 

Section 1. That Section 105 (b) (3) of the Charter of the City of Raleigh (Chapter 1184, Session Laws of North Carolina, 1949) be amended by adding at the end thereof a new subsection to be designated as subsection 5 to read as follows:

"(5)      If a sidewalk is constructed on only one side of a street and there is no sidewalk on the opposite side of the street or if there is a sidewalk on the opposite side of the street, the cost of which was paid by property owners on both sides of the street, the cost of the sidewalk constructed may be assessed against the property abutting both sides of the street by an equal rate per foot, but after the original construction, the owner of the property on the side of the street on which the sidewalk is constructed shall be responsible for the maintenance and repair thereof. The authority contained herein shall be exercised only if the side of the street on which the sidewalk is constructed is zoned by the zoning ordinance of the City of Raleigh for residential use.

"If a sidewalk constructed under the authority of this Act is constructed primarily for the use of children to go to and from school, then the City of Raleigh may participate in the cost of the construction of the sidewalk to the extent of one-third of the total cost thereof."

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 All laws and clauses of laws in conflict with this Act are, to the extent of such conflict, repealed.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 19th day of May, 1965.