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Agenda - 04-12-2007-4
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Agenda - 04-12-2007-4
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8/29/2008 3:47:13 PM
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8/28/2008 11:36:11 AM
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BOCC
Date
4/12/2007
Document Type
Agenda
Agenda Item
4
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Minutes - 20070412
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\Board of County Commissioners\Minutes - Approved\2000's\2007
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30 <br />subsequent time to which the hearing, shall be adjourned, the city council shall consider <br />all objections which may be made to the making of such reapportionment, and shall <br />thereafter determine whether it will make the reapportionment and the manner and <br />extent to which the reapportionment of assessments will be made. The final decision of <br />the city council shall be in the form of a resolution making the apportionment, which <br />resolution shall set forth all of the facts and pertinent provisions mentioned and required <br />by subsection (1) of this section. <br />Sec. 80. Condemnation and assessment authority outside the corporate <br />limits. <br />Supplemental to and independent of any other power and authority possessed by <br />the city, the city council shall have the right and power .to acquire rights-of-way, <br />easements, and other property outside its corporate boundaries in the exercise of the <br />power. of eminent domain in the same way and under the same authority and procedures <br />as it has the power to acquire such rights-of-way, easements and properly inside the <br />corporate boundaries, provided that nothing herein shall be construed to enlarge the <br />power of the city to condemn property already devoted to public use. The city council <br />shall also have the power and authority, in the extension, installation, construction, <br />operation, and maintenance of its water and sewerage facilities outside of its corporate <br />boundaries to create water and/or sewer benefit assessment districts and to specially <br />assess the cost of such water or sewer installations or construction against the property <br />in such benefit assessment districts on the basis of the front foot rule, the benefits <br />derived or to be derived by the property in such assessment districts, or some other <br />equitable method promulgated and established by the city council in the exercise of its <br />sound legislative discretion. <br />Sec. 81. Additional assessment authority. <br />In exercising the authority granted under Article 16 of Chapter 160A of the <br />General Statutes to extend and operate public enterprises outside its corporate limits, <br />the city council may specially assess all or part of the costs of constructing, <br />reconstructing, extending, building or improving water supply and distribution systems or <br />sewage collection and disposal systems, or any part thereof, outside the corporate limits <br />of the city against property benefitted therefrom: Special assessments levied pursuant to <br />this section shall be levied and collected in the same way and under the same authority <br />and procedures as special assessments levied and collected by the city upon property <br />within the corporate limits. No special assessment shall be levied under the authority of <br />this section until a petition which meets the requirements set forth in Section 77, <br />subsectioh (7) of this, Charter has been submitted to the city by the owners of the <br />property affected; provided, however, no petition is necessary in cases where the city <br />council finds that it is reasonably necessary or expedient to extend such water supply <br />and distribution system, sewage collection and disposal system, or both such systems, <br />to serve, in whole or in part, property in Durham County when the board of <br />commissioners of the County of Durham requests such extension or extensions. <br />{Laws 1995, Ch. 687, § 1) <br />
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