NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 474

SENATE BILL 394

AN ACT TO AMEND ARTICLE 26 OF CHAPTER 153 OF THE GENERAL STATUTES OF NORTH CAROLINA TO AUTHORIZE COASTAL CITIES TO LEVY SPECIAL ASSESSMENTS FOR BEACH EROSION CONTROL AND FLOOD AND HURRICANE PROTECTION PROJECTS AND TO ENLARGE THE DISCRETION OF COUNTY COMMISSIONERS WITH RESPECT TO THE LEVYING OF SPECIAL ASSESSMENTS FOR THE SAME PURPOSE.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 153-326 of the General Statutes of North Carolina is hereby rewritten to read as follows:

"Sec. 153-326.  Authority to make special assessments. — The board of commissioners of any county may specially assess all, or part, of the cost of any beach erosion control or flood and hurricane protection works against the property to be benefited by such works. The authority herein granted shall apply only to those counties which are bounded, in part, by the Atlantic Ocean."

Sec. 2.  Article 26 of Chapter 153 of the General Statutes of North Carolina is hereby amended to add thereto a new section, 153-341, to read as follows:

"Sec. 153-341.  Coastal municipalities granted same authority. — The authority granted in this Article to the board of commissioners of any county bounded, in part, by the Atlantic Ocean is hereby granted to the governing board of any municipality bounded, in part, by the Atlantic Ocean.

"For the purpose of exercising the authority granted by this Section to the governing board of any municipality bounded, in part, by the Atlantic Ocean, all references in this Article to 'county', 'counties', the 'board of commissioners', the 'county tax collector', and the 'clerk to the board of commissioners' shall be construed, respectively, as referring to 'municipality', 'municipalities', the 'municipal governing board', the 'municipal tax collector', and the 'municipal clerk'. In G.S. 153-335 the references to 'the superior court of the county' and the 'chairman of the board of commissioners' shall be construed, respectively, as referring to 'the superior court of the county in which the municipality is located' and the 'mayor'."

Sec. 3.  All laws and clauses of laws in conflict with this Act are repealed.

Sec. 4.  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 13th day of May, 1969.