North Carolina § 160A-239 - 1. (See note for expiration of Article) Purpose; sunset.

§ 160A-239. 1. (See note for expiration of Article) Purpose; sunset.

Purpose. - This Article enables cities that face increased demands for infrastructure improvements as a result of rapid growth and development to impose special assessments as provided under this Article on benefited property and to use the resulting revenues as provided in this Article. This Article supplements the authority cities have in Article 10 of this Chapter. The provisions of Article 10 of this Chapter apply to this Article, to the extent they do not conflict with this Article. Sunset. - This Article expires July 1, 2025, for projects that have not been approved under a final assessment resolution. The expiration does not affect the validity of assessments imposed or to be imposed or bonds issued or authorized or to be issued or authorized under the provisions of this Article if a final assessment resolution has been adopted prior to the effective date of the expiration. History (2008-165, s. 3; 2013-371, ss. 2(a), 3; 2015-121, s. 2; 2017-40, s. 2; 2020-58, s. 7.2.) Article has an Expiration Date. - For expiration of Article 10A, see G.S. 160A-239.1(b). Editor's Note. - Session Laws 2008-165, s. 5, as originally enacted, provided: "This act is effective when it becomes law [August 3, 2008]. Sections 2 and 3 of this act expire July 1, 2013. The expiration does not affect the validity of assessments imposed or bonds issued or authorized under the provisions of this act prior to the effective date of the expiration." However, Session Laws 2013-371, s. 3 deleted "Sections 2 and 3 of this act expire July 1, 2013. The expiration does not affect the validity of assessments imposed or bonds issued or authorized under the provisions of this act prior to the effective date of the expiration," leaving the enactment effective when it became law. Session Laws 2008-165, s. 4, is a severability clause. Session Laws 2010-129, s. 7, as amended by Session Laws 2011-205, s. 1, provides: "A local government that imposed an assessment prior to 2012 to finance a capital project that has been assumed by another unit of local government may return unused assessments to the person that paid the assessment." Session Laws 2015-121, s. 5, made the amendment to this section by Session Laws 2015-121, s. 2, applicable to assessments made on or after July 1, 2015. Effect of Amendments. - Session Laws 2013-371, s. 2(a), effective June 30, 2013, added "sunset" in the section heading; designated the existing provisions as subsection (a) and added the subsection heading; and added subsection (b). For applicability, see Editor's note. Session Laws 2015-121, s. 2, effective June 30, 2015, substituted "expires July 1, 2020" for "expires July 1, 2015" in the first sentence of subsection (b). For applicability, see editor's note. Session Laws 2017-40, s. 2, effective June 21, 2017, in subsection (a), substituted "impose special assessments as provided" for "issue revenue bonds payable from special assessments imposed," and added "and to use the resulting revenues as provided in this Article" at the end of the first sentence; in subsection (b), added "for projects that have not been approved under a final assessment resolution" at the end of the first sentence, and rewrote the second sentence. Session Laws 2020-58, s. 7.2, effective June 30, 2020, substituted "July 1, 2025" for "July 1, 2020" in the first sentence of subsection (b).