S.L. 1981-694

1981 SESSION

CHAPTER 694

HOUSE BILL 721

AN ACT AMENDING THE CHARTER OF THE CITY OF DURHAM.

The General Assembly of North Carolina enacts:

Section 1. The Charter of the City of Durham, said Charter being Chapter 671, Session Laws of 1975, as amended, is amended by revising the last paragraph of Section 17 to provide as follows:

"The City Council may authorize the City Manager to make, approve, award and execute any contract for the purchase of apparatus, supplies, materials or equipment and any contract for construction or repair work provided:

1. The amount of the contract shall not exceed thirty thousand dollars ($30,000);

2. The City Manager shall, within 45 days of the award of such contract, report such award to the City Council;

3. The City Manager shall comply with all applicable provisions of Article 8 of Chapter 143 of the North Carolina General Statutes and of Section 84 of this charter. The City Manager may take any action which the City Council is required or authorized to take under Article 8 of Chapter 143 of the North Carolina General Statutes in making, approving, awarding or executing such contracts."

Sec. 2. Section 51 of the Charter of the City of Durham is amended by adding the following two sentences at the end of said section:

"A notice may be sent to such owners in lieu of a copy of the resolution. A notice may be published in lieu of the publication of the resolution."

Sec. 3. Section 77(21) of the Charter of the City of Durham is amended by deleting the word "eight" appearing in the thirteenth line of said subsection (21) and inserting in lieu thereof the word "nine".

Sec. 4. Section 78(2) of the Charter of the City of Durham, is amended by deleting the last paragraph of said subsection (2) and substituting, in lieu thereof, the following new paragraph:

"At least 10 days prior to the date fixed for the hearing, the City Council shall cause a notice to be published at least one time in a newspaper of general circulation in the City. The notice shall contain the information described in paragraphs (a) through (f) of this subsection (2)."

Sec. 5. The first sentence of Section 85 of the Charter of the City of Durham is revised to provide as follows:

"The City may purchase apparatus, supplies, materials or equipment necessary to properly maintain and keep in repair specialized equipment of the City and may make contracts for the repair of such equipment after obtaining informal bids, provided, however, when there is only one known manufacturer or supplier of such equipment or only one known party who can repair such equipment, then a single informal bid from such supplier, manufacturer or party is sufficient."

Sec. 6. Section 89 of the Charter of the City of Durham is amended by adding the following paragraph at the end of said section:

"This section does not limit the authority of the City to exercise its extraterritorial jurisdiction pursuant to Article 19 of Chapter 160A of the North Carolina General Statutes."

Sec. 7. Section 95 of the Charter of the City of Durham is revised to provide as follows:

"The City Council is authorized to provide that no person, corporation, association or partnership shall open or lay out new streets, or sell lots abutting the same without first making a plat of the proposed street or streets and having the plat approved by the City Council. The City Council may designate a planning agency created pursuant to G.S. 160A-361 or a subdivision review board created pursuant to Section 97 of this Charter to approve the plat. The Council may regulate and control the opening of streets and alleys within its jurisdiction."

Sec. 8. All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 9. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 26th day of June, 1981.