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COLEMAN, BERNHOLZ, DicnRsox, <br /> BERN.uou, GLEDHILL & HARGRAVE 095 <br /> ATTORNEYS AT LAw <br /> 110 CBURTON STREET <br /> HILLsBOROUuB,N.C.27278 <br /> 919-732-2196 <br /> 919-942-8000 <br /> CHAPEL HILL OFFICE <br /> SurrE 20,FRANKLIN B=mG <br /> 237 E-FRA"LIN ET <br /> CHAPEL HILL,N.CSTRE.27514 August 29, 1985 <br /> 919-929-7151 <br /> ALONZO B.COLEXANJR. <br /> STEVEN A,BERNHOLZ <br /> DONALD R.DICXPJtSOX <br /> ROGER B.BERNaOLZ <br /> GEOPFREY E_GLEDHILL <br /> DOUGLAS HARGR&VE <br /> MARTIN J.BERWHOL <br /> RICHARI)J.SKIDER,JR. Donald Willhoit, Chair <br /> JANE 0.do TISSOVOY <br /> G.NICHOLAS HFIRM" Moses Carey <br /> LYNN A.ANDREWS Ben Lloyd <br /> Of co, el Shirl Marshall <br /> BONNER D.SAWYER <br /> (M02-1972) Norman Walker <br /> Orange County Board of Commissioners <br /> 106 E. Margaret Lane <br /> Hillsborough, North Carolina 27278 <br /> Re: Participating Paving Project Assessments <br /> Dear Board Members: <br /> During the August 20, 1985 meeting of the Board, <br /> questions arose concerning the length and breadth of <br /> the Board's authority with respect to road construction <br /> assessments in a participating paving project. The <br /> authority of the County to finance the local share of <br /> the cost of road improvements, made under the <br /> supervision of the Department of Transportation, to <br /> subdivision and residential streets that are a part of <br /> the state-maintained system is contained in North <br /> Carolina General Statute Section 153A-205. Before any <br /> such assessment project may be undertaken the County <br /> must receive a petition for the improvements signed by <br /> at least 75% of the owners of property to be.assessed, <br /> who must represent at least, 75% of all the lineal feet <br /> of frontage of the lands abutting on the street or the <br /> portion thereof to be improved. The petition must <br /> state that portion of the costs of the improvement to <br /> be assessed, which portion shall be the local share <br /> required by policies of the Secondary Roads Counsel. <br /> N.C. Gen. Stat. Section 153A-205 (c) . This point is <br /> made because the local share as that term is used in <br /> this statutory procedure includes all costs associated <br /> with the assessment process. That means that any time <br /> there is a change in the assessment basis, <br /> procedurally, the entire assessment process must begin <br /> anew because the change in the assessment basis will <br /> increase the local share of the project. <br />