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The appropriate board of elections shall, upon request by the town council or receipt of a petition signed by 20 percent of all registered voters of the town, call a subsequent election, to be conducted in accordance with Sections 5.1 through 5.4 hereof, for the purpose ofvoting'For' or'Against' liquor control stores. If,after the establishment of an alcoholic beverage control store or stores in the town under the provisions of this article, a subsequent election shall be held and, if, at such election a majority of the votes shall be cast "Against Municipal Alcoholic Beverage Control Stores," the board of alcoholic control shall, within three (3) months from the canvassing of such votes and the declaration of the result there of, close such store or stores and shall thereafter cease to operate the same. Within three (3) months therefrom the board shall dispose of all alcoholic beverages on hand, all fixtures, and all other property in the hands and under the control of the board of alcoholic control and convert the same into cash and turn the same over to the town finance officer. Thereafter, all Public, PublicLocal, Private and Session Laws applicable to the sale of intoxicating beverages within the town in force and effect prior to the authorization to oper ate a municipal alcoholic beverage control store shall be in full force and effect as if such election had not been held, until and unless another election is held under the provisions of this article in which a majority of the votes shall be cast"For Municipal Alcoholic Beverage Control Stores."
No election shall be called and held in the town under the provisions of this article within three (3) years from the holding of the last election there under. It shall be the duty of the board of elections for the Town of Valdese to order the special liquor election herein authorized within 60 days after request by the town council or after the filing of a sufficient petition requesting the same, but no election under this act shall be held on the day of any biennial county or town general election or primary election, or within 45 days of any such election.
(a) In addition to any authority which is now or may hereafter be granted by general law to the town for making street improvements, the town council is hereby authorized to make street im provements and to assess the cost thereof against abutting property owners in accordance with the provisions of this section.
(b) The town council may order street improvements and assess the cost thereof against the abutting property owners, exclusive of the costs incurred at street intersections, according to one or more of the assessment bases set forth in Article 10 of Chapter 160A of theNorth Carolina General Statutes without the necessity of a petition, upon the finding by the board as a fact:
(1) that the street improvement project does not exceed 1,200 linear feet, and
(2) that such street or part thereof is unsafe for vehicular traffic, and it is in the public interest to make such improvement, or
(3) that it is in the public interest to connect two streets, or portions of a street already improved, or
(4) that it is in the public interest to widen a street, or part thereof, which is already improved, provided, that assessments for widening any street or portion of street without a petition shall be limited to the cost of widening and otherwise improving such street in accordance with the street classification and improvement standards established by the town's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this article:
(c) For the purposes of this section the term "street improvement" shall refer to the initial im provement of an unimproved, unpaved street, including initial acquisition of rights-of-way, grading, surfacing, and the construction of curb and gutter and street drainage facilities. For the purposes of this section, the term "sidewalk improvement" shall refer to the initial acquisition of rights-of-way, laying out, grading and surfacing of new sidewalks. The provisions of this section are not intended to refer to those activities that are normally included under the city's [town's] facing and repairs, curb and gutter and sidewalk maintenance and repairs.
(d) rn addition to any authority which is now or may hereafter be granted by general law to the town for making sidewalk improvements, the town council is hereby authorized without the necessity of a petition, to make or to order to be made sidewalk improvements or repairs according to standards and specifications of the town, and to assess the total cost thereof against abutting property owners, according to one or more of the assessment bases set forth in Article 10 of Chapter 160A of the North Carolina General Statutes; provided, however, that regardless of the assessment basis or bases employed, the board of commissioners [town council] may order the cost of sidewalk improvements made only on one side of a street to be assessed against property owners abutting both sides of such street.
(e) In ordering street and sidewalk improvements without a petition and assessing the cost thereof under authority of this article, the board of commissioners [town council] shall comply with the procedure provided by Article 10 of Chapter 160A of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.
(f) The effect of the act of levying assessments under the authority of this article shall for all purposes be the same as if the assessments were levied under authority of Article 110 of Chapter 160A of the General Statutes.
The procedures provided in Article 9 of Chapter 136 of the General Statutes, as specifically authorized by G.S. 136-66.3(c), shall be applicable to the town in the case of acquisition of lands, easements, privileges, rights-of-way and other interest in real property for streets, sewer lines, water lines, electric power lines, and other utility lines in the exercise of the power of eminent domain. The town, when seeking to acquire such property or rights or easements therein or thereto, shall have the right and authority, at its option and election, to use the provisions and procedures as authorized and provided in G.S. 136-66.3(c) and Article 9 of Chapter 136 of the General Statutes for any of such purposes without being limited to streets constituting a part of the State Highway System; provided, however, that the provisions of this section shall not apply with regard to properties owned by public service corpo rations as defined in G.S. 160A-243(c), unless (1) the exercise of such power of eminent domain is either consented to by the owner of the property to be acquired by the town, or (2) it is first adjudicated after notice and a hearing that such acq uisition will not prevent or unreasonably impair the continued devotion to the public use of such properties and the operation by such public service corporation.
(a) As used in this section, the term ""economic development project" means an economic capital development project within a certain defined area or areas of the town as established by the town council comprising one or more lots, buildings, or other improvements and including any public or private facilities. Said project may include programs or facilities for improving downtown redevelopment, 'pocket of proverty' or other federal or state assistance programs which the town council determines to be in need of economic capital development or revitalization and which qualify for capital assistance under applicable federal or state programs. (b) (1) In addition to any other authority granted by law, the Town of Valdese may accept grants, expend funds, make grants, or loans, acquire property and participate in economic development projects which the town council determines will enhance the economic development and revitalization of the town in accordance with the authority granted herein. Such project may include both public and private lots, buildings or facilities financed in whole or in part by federal or state grants (including but not limited to urban development action grants) and may include any capital expenditures which the town council finds necessary to comply with conditions in any federal or state grant agreements and which the town council finds will complement the project and improve the public tax base and general economy of the town. Such projects may be partially financed with town funds received from federal or state sources and being granted or loaned to the private owner for said construction or renovation; in addition, other town funds from any sources may be used for acquisition, construction, leasing and operation of facilities by the town for the general public and for capital improvements to public facilities which will support and enhance the private facilities and the general economy of the town.
(2) When the town council finds that it will promote the economic development or revitalization of the town, the town may acquire, construct, and operate or participate in the acquisition, construction, ownership and operation of an economic development project or of specific buildings or facilities within such a project and may comply with any state or federal government grant requirements in connection therewith. The town may enter into binding contracts with one or more private parties or governmental units with respect to acquiring, constructing, owning oroperating such a project. Such a contract may, among other provisions, specify the responsibilities of the town and the developer or developers and operators or owners of the project, including the financing of the project. Such a contract may be entered into before the acquisition of any real property necessary to the project by the town or the developer or other parties.
(c) An economic development project may be constructed on property acquired by the developer or developers, or on property directly acquired by the town, or on property acquired by the Redevelopment Commission while exercising powers, duties and responsibilities pursuant to G.S. 160A-505.
(d) In connection with an economic development project, the town may convey interests in property owned by it, including air rights over public facilities, as follows:
(1) If the property was acquired under the urban redevelopment law, the property interests may be conveyed in accordance with said law.
(2) If the property was acquired by the town directly, the town may convey property interests by any procedures set forth in its charter or the general law or by private negotiation or sale.
(e) The town may contract for the operation of any public facility or facilities included in an economic development project by a person, partnership, firm or corporation, public or private. In addition, the town, upon consideration, may contract through lease or otherwise whereby it may operate privately constructed parking facilities to serve the general public. Such a contract shall include provisions sufficient to assure that any such facility or facilities are operated for the benefit of the citizens of the town. (Ratified 2/17/83)
RELATED LOCAL LAWS
(Reserved)