North Carolina § 160A-239 - 4. (See note for expiration of Article) Funding a project for which an assessment is imposed.

§ 160A-239. 4. (See note for expiration of Article) Funding a project for which an assessment is imposed.

Funding Sources. - In addition to funding from sources otherwise authorized for use by a city in connection with a project, a city council may provide for the payment of all or a portion of the cost of a project for which an assessment may be imposed under this Article from one or more funding sources listed in this subsection. The assessment resolution must include the estimated cost of the project to be funded from assessments and the amount of the cost estimated to be derived from each respective funding source. Revenue bonds issued under G.S. 160A-239.6. Project development financing debt instruments issued under the North Carolina Project Development Financing Act, Article 6 of Chapter 159 of the General Statutes. General obligation bonds issued under the Local Government Bond Act, Article 4 of Chapter 159 of the General Statutes. General revenues. Funds from private parties. Assessments Pledged. - An assessment imposed under this Article may be pledged to secure revenue bonds under G.S. 160A-239.6 or as additional security for a project development financing debt instrument under G.S. 159-111. If an assessment imposed under this Article is pledged to secure financing, the city council must covenant to enforce the payment of the assessments. Reimbursement From Assessments. - If a city contracts with a private party to construct a project on behalf of the city as provided in G.S. 160A-239.7, the city council may agree to impose one or more assessments pursuant to this Article in order to reimburse the private party for actual costs incurred by the private party related to the project and documented to the city. The city council shall not be obligated to reimburse a private party any amount in excess of assessment revenues actually collected less the city's related administrative costs. Performance Bond. - A subdivision control ordinance adopted by a city under G.S. 160A-372 providing for a performance bond or guarantee to assure successful completion of required improvements will apply to a project funded in whole or in part by an assessment under this Article. A reimbursement shall not include reimbursement to the private party for any interest costs, whether actual or imputed, of the funds invested by the private party in the project except in the event that an abeyance in the collection of assessments is permitted pursuant to G.S. 160A-239.5. If an abeyance in the collection of assessments is permitted, the amount to be reimbursed may include an inflationary factor applicable for the period of the abeyance. History (2008-165, s. 3; 2009-525, s. 2(b); 2010-95, s. 40; 2013-371, s. 3; 2017-40, s. 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 2008-187, s. 47.5(b), amended G.S. 160A-239.2, as enacted by House Bill 1770 of the 2007 Regular Session of the General Assembly, contingent on that act becoming law. House Bill 1770 was enacted as Session Laws 2008-165. Effect of Amendments. - Session Laws 2009-525, s. 2(b), effective August 26, 2009, rewrote the section. Session Laws 2010-95, s. 40, effective July 17, 2010, substituted "G.S. 160A-239.6" for "G.S. 153A-210.6" in subsection (b). Session Laws 2017-40, s. 2, effective June 21, 2017, substituted "Funding" for "Financing" in the section heading; rewrote the introductory paragraph in subsection (a); and added subdivision (a)(5) and subsections (c) and (d).