Orange County NC Website
29 <br />section, the city council shall specially state in the resolution adopted as provided <br />in subsection (2) hereof that it is proceeding under and by virtue of the provisions <br />of this section of the city charter. <br />Sec. 79. Apportionment of assessments among lots in subdivisions. <br />(1) In any case where one or more special assessments shall have been made <br />against ariy property for any local improvement or improvements authorized by <br />general or special law, and the property shall thereafter be subdivided or about to <br />be subdivided and it is, therefore, desirable that the assessment or assessments <br />be apportioned among the subdivision of such property, the city council may, <br />without requiring any petition or consent from the property owners or other <br />persons affected thereby, apportion the assessment or assessments, or the total <br />thereof, fairly among such subdivisions, as same are benefitted by the <br />improvement and release such subdivisions, if any, as in the opinion of the city <br />council are not benefitted by the improvement. Upon the making of such a <br />reapportionment and reallocation, each of the subdivisions shall be relieved of <br />any part of the original assessment or assessments except the part thereof <br />apportioned to a specific lot, parcel or subdivision, and the part of the original <br />assessment or assessments apportioned to any such lot, parcel or subdivision <br />shall be of the same force and effect as to such lot, parcel or subdivision to the <br />extent of the amount and interest thereon apportioned to the lot, parcel or <br />subdivision as the original assessment or assessments were prior to the making <br />of such reapportionment. The making of such an apportionment by the city <br />council shall be by resolution, which resolution shall set forth the manner and <br />extent of the reapportionment with sufficient clarity to enable the office of the city <br />collector of revenue to correctly and accurately reflect such reapportionment <br />upon the records of the assessment account or accounts in his office. Such <br />reapportionment or reassessment may include past due installments of principal, <br />interest and penalty, if any, as well as assessments not then due, and the <br />remaining installments shall fall due. <br />(2) When it is proposed to make a reapportionment of such assessments as <br />authorized by this section, the city council shall adopt a preliminary resolution <br />which shall contain substantially the following: <br />(a) A brief description or statement of the location of the property <br />affected; <br />(b) The total principal amount of the assessments involved in the <br />proposed reapportionment, together with a brief statement showing the <br />date of confirmation and the kind and character of the assessments; <br />(c) A notice of the time and place when and where a public hearing will <br />be held on the question of making a reapportionment or reassessment of <br />the assessments, and the extent thereof. (The time fixed for the public <br />hearing shall be such as to allow of notice being given thereof not less <br />than two (2) weeks prior thereto). <br />The resolution shall be published once a week for two (2) successive weeks in <br />some newspaper published in Durham County, the first publication to be at least two- (2) <br />weeks prior to the public hearing. At the time for the public hearing, or at some <br />