(A) Interpretation and intent.
(1) Nothing in this ordinance shall be construed to conflict with the provisions of the North Carolina General Statutes. In the event of an ambiguity or conflict between this chapter and the provisions of the North Carolina General Statutes, the latter shall prevail.
(2) It is the intent of this section to prescribe circumstances under which a developer or property owner who is party to a reimbursement agreement shall solicit bids in accordance with G.S. Ch. 143, Art. 8 when awarding contracts for work that would have required competitive bidding if the contract had been awarded by the county.
(3) The section shall not be construed to hold the Town of Columbus responsible for any defect of the developer's or property owner's technical compliance with G.S. Ch. 143, Art. 8.
(4) The Town of Columbus shall have authority to enter into reimbursement agreements such that a developer or property owner may contract with the Town of Columbus to construct an improvement which, had the town constructed it, would be subject to competitive bidding regulations under G.S. Ch. 143, Art. 8. Such reimbursement agreement authorized by G.S. 160A-499 shall not be subject to G.S. Ch. 143, Art. 8 except as provided by G.S. Ch. 160A-499(d). A developer or property owner who is a party to a reimbursement agreement with the Town of Columbus shall solicit bids in accordance with G.S. Ch. 143, Art. 8 when awarding contracts for work that would have required competitive bidding if the contract had been awarded by the Town of Columbus.
(5) The Town of Columbus is also authorized to participate jointly in reimbursement agreements with Polk County and a developer or property owner so long as the developer or property owner solicits bids in accordance with G.S. Ch. 143, Art. 8 when awarding contracts for work that would have required competitive bidding if the contract had been awarded by the municipality or the county.
(B) Funding. The Town of Columbus may provide for such reimbursements to be paid from any lawful source, including the town's unrestricted general fund.
(Ord. 2015-05, passed 6-18-2015)