Agenda - 04-12-2007-4 - Laserfiche WebLink

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27 be apportioned among subdivisions of the property, the city council shall have authority, upon petition of the owner of the property, to apportion the assessment fairly among the subdivisions. Thereafter, each of the subdivisions shall be relieved of any part of such original assessment except the part thereof apportioned to the subdivision and the part of the original assessment apportioned to any such subdivision shall be of the same force and effect as the original assessment. The provisions of this subsection shall not be construed to limit authority granted elsewhere in this charter or by general or special law to apportion assessments among subdivisions of property without requiring a petition from or the consent of the owners of such property. (27) No change of ownership of any property or interest therein after the passage of a resolution ordering the making of any improvement authorized by this section shall in any manner affect subsequent proceedings, and such improvement may be completed and assessments made therefor as if there had been no change in such ownership. (28) No lands in the city shall be exempt from special assessments as provided in this section except lands belonging to the United States; and the city council and the officers, trustees or boards of all incorporated or unincorporated bodies in whom is vested the right to hold and dispose of real property shall have the right by authority duly given to sign the petition for any local improvement authorized by this section; provided, however, that assessments against land owned by the State of North Carolina arecontrolled by the provisions of G.S. 160A-221; provided further that, except as provided by this section, assessments against railroads are controlled by the provisions of G.S. 160A-222. (29) All proceedings for special. assessment under the provisions of this section shall be regarded as proceedingsin rem, and no mistake or omission as to the name of any owner or person interested in any lot or parcel of land affected thereby shall be regarded a substantial mistake or omission. (Laws 1977, Ch. 632, § 1; Laws 1981, Ch. 694, § 3; Laws 1983, Ch. 458, § 3; Laws 1985, Ch. 641, § 1; Laws 1987, Ch. 753, § 1; Laws 1991, Ch. 577, §§ 1, 2; Laws 1991, Ch. 992, § 3; Laws 1995, Ch. 755, § .1) Sec. 78. Assessments for local improvements without petition. (1) Supplemental to and independent of the powers and authority heretofore or hereafter granted the city by the general assembly, the city council is authorized and empowered without the necessity of having filed by the owners of abutting property, to construct and install or contract for the construction and installation of paving, repaving, macadamizing, and remacadamizing of any of the public streets, sidewalks and alleys, and the construction, reconstruction and altering of curbs, gutters and drains in anyof the public streets and alleys, and the construction and installation of sanitary sewers, water mains and sanitary sewer and water laterals in any of such public streets and alleys, and specially assess the entire cost of such construction and installation, except the part thereof as is incurred at street intersections, against the property abutting upon the street or alley or streets or alleys which are so improved.