GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-99
AN ACT TO AUTHORIZE THE CITY OF CHARLOTTE TO ENGAGE IN PUBLIC-PRIVATE PROJECTS OUTSIDE THE DOWNTOWN AREA.
The General Assembly of North Carolina enacts:
Section 1. Section 7.109 of the Charter of the City of Charlotte, being Chapter 713 of the 1965 Session Laws, as added by Chapter 55 of the 1981 Session Laws, reads as rewritten:
"Sec. 7.109. Uptown Public-private development
projects.
(a) Definition. In
this Article, 'uptown public-private development projects' means
a capital project located: (i) in the city's central business district,
as defined by the city council, council; (ii) in or along a major
transportation corridor; or (iii) in a development zone designated pursuant to
G.S. 105-129.3A; comprising one or more buildings or other improvements and
including both public and private facilities. By way of illustration but
not limitation, such a project might include a single building comprising a
publicly owned parking structure and publicly owned convention center and a
privately owned hotel or office building.
(b) Authorization.
If the city council finds that it is likely to have a significant effect on
the revitalization of the central business district, be of significant
economic benefit to the area of the city in which the project is located, the
city may acquire, construct, own, and operate or participate in the
acquisition, construction, ownership, and operation of an uptown a
public-private development project or of specific facilities within such a
project. The city may enter into binding contracts with one or more
private developers with respect to acquiring, constructing, owning, or
operating such a project. Such a contract shall among other provisions, specify
the following:
(1) The property interest of both the city and the developer or developers in the project.
(2) The responsibilities of the city and the developer or developers for construction of the project.
(3) The responsibilities of the city and the developer or developers with respect to financing the project.
(4) The responsibilities of the city and the developer or developers with respect to the operation of the project.
Such a contract may be entered into before the acquisition of any real property necessary to the project.
(c) Property
acquisition. An uptown A public-private development
project may be constructed on property acquired by the developer or developers
or on property directly acquired by the city by purchase.
(d) Property
disposition. In connection with an uptown a public-private development
project, the city may lease or convey interests in property owned by it,
including air rights over public facilities, by private negotiation or sale,
and Article 12 of Chapter 160A of the General Statutes does not apply to such
dispositions.
(e) Construction of the
project. The contract between the city and the developer or developers
may provide that the developer or developers shall be responsible for
construction of the entire uptown public-private development
project. If so, the contract shall include such provisions as the city
council deems sufficient to assure that the public facility or facilities included
in the project meet the needs of the city and are constructed at a reasonable
price. A project constructed pursuant to this paragraph is not subject to
Article 8 of Chapter 143 of the General Statutes. Statutes as long as
city funds constitute not more than fifty percent (50%) of the total costs of
the project.
(f)
Operation. The city may contract for the operation of any public facility
or facilities included in an uptown a public-private development
project by a person, partnership, firm, or corporation, public or
private. Such a contract shall include provisions sufficient to assure
that any such facility or facilities are operated for the benefit of the
citizens of the city.
(g) Grant funds. To
assist in the financing of its share of an uptown a public-private development
project, the city may apply for, accept and expend grant funds from the federal
or State governments."
Section 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 27th day of May, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives