§ 2.14. EXPRESS POWERS ENUMERATED.

In addition to the powers now or hereafter granted to municipalities under the general laws of the State of North Carolina, the City of Raleigh shall have the following expressed powers hereby granted to it:

(1)

Payment of legal indebtedness.

To provide for the payment of any existing legal indebtedness of the City of Raleigh and of any binding legal obligation that may from time to time be made by the City, and to appropriate funds for that purpose.

(2)

Adopt ordinances, etc., for general welfare.

To make and adopt and provide for the execution thereof of such ordinances, resolutions, motions, rules and regulations as the City Council may consider necessary or expedient for maintaining and promoting peace, health, comfort, convenience, good order, better government and general welfare of the inhabitants of the City as are not inconsistent with this act and the constitution and the laws of the State of North Carolina.

(3)

Adopt ordinances, etc., for proper government; prescribe punishment for violation.

To make, adopt, and pass such ordinances, resolutions, motions, rules and regulations consistent with the laws of the land and necessary or expedient for the proper government of the City, with full power and authority to provide for the execution of the same by imposition, as punishment for the violation thereof, of fines and imprisonment and by the imposition of penalties and forfeitures as by law provided.

Amendment note: 1973 Session Laws, Ch. 319, §1(h)(1) amended §22 of Ch. 1184 Session Laws 1949 by rewriting subparagraph (3).

(4)

Regulate operation of trains, buses and other vehicles and driving or riding of animals.

To regulate, not inconsistent with the Public Laws of the State of North Carolina, the speed of railroads, locomotives, trains, electric cars, buses, automobiles, bicycles, the driving or riding of horses or mules, and the speed of all other vehicles on the streets of the City, and to regulate their stops at street crossings and intersections; to require railroad companies to keep the streets through or across which they operate their trains, locomotives or cars in repair (at points of crossings only) and to light the streets over or across which their trains, locomotives or cars are operated (at points of crossing only) whenever deemed necessary or expedient by the City Council; to require all railroad companies operating within or through the City of Raleigh to maintain gates or watchmen at street crossings when deemed necessary or expedient by the City Council, unless such railroad company has installed proper and duly approved automatic warning devices at such crossings.

(5)

Regulate and license vehicles.

To regulate the use of automobiles, motor cars, taxicabs, motor buses, motorcycles and any other motor vehicles operated within the corporate limits of the City of Raleigh; to issue permits for the use of such vehicles and to require the same to be numbered and to issue City license plates and to charge therefor an amount not to exceed that permitted under the general laws of the State of North Carolina as the same may now or hereafter exist; to regulate the charges for the transportation of persons, baggage and/or freight for hire, with full power to license or prevent the operation of vehicles for hire not conforming to the regulations and ordinances adopted by the City Council.

(6)

Regulate railroad track construction, etc.

To direct, regulate, control and/or prohibit the laying and construction of railroad tracks, turnouts and switches in the streets, avenues and alleys of the City, and to require that they be constructed and laid so as to interfere as little as possible with the ordinary travel and use of the streets, and to require that they be kept in good repair; and to require that all railroad tracks, turnouts and switches shall be so constructed as not to interfere with the drainage of the City; and to require any railroad company operating within the City of Raleigh to construct and keep in repair, at the railroad company's own expense, such bridges, underpasses, turnouts, culverts, sewers, crossings and other things as the City Council may deem necessary, and as may be reasonable.

(7)

Tax and license franchises, businesses, trades, etc.

To tax and license all franchises, privileges, businesses, trades, service establishments, professions, callings and/or occupations conducted and carried on within the corporate limits of the City of Raleigh, not inconsistent with the general laws of North Carolina; to make, adopt and provide for the execution of such ordinances, rules and regulations as considered expedient and proper by the City Council for the proper exercise of the powers granted in this paragraph; to impose an annual franchise, license or privilege tax on all businesses, trades, service establishments, professions, callings, occupations and enterprises conducted for profit within the corporate limits of the City upon which a franchise, license or privilege tax is not prohibited by statute; power and authority being hereby specifically granted to the City Council to graduate any of the franchise, license or privilege taxes authorized by this charter, by dividing trades, businesses, professions, callings, service establishments, occupations and other enterprises into classes according to size, patronage, income, gross receipts or otherwise and by imposing such taxes accordingly; provided, however, that said taxes shall be uniform for all in a particular class; provided further, that if any person, firm or corporation shall commence to exercise any privilege or to promote any business, trade, profession, calling, service, occupation or other enterprise or to do any act requiring a City license under this act and under any ordinance adopted pursuant to this act or any other statute without such City license, or if any person, firm or corporation shall continue the business, trade, profession, calling, service, occupation or other enterprise or to do any act for which a license is required, after the expiration of a license previously issued, without obtaining a new license, he or it shall be guilty of a misdemeanor and shall be fined and/or imprisoned in the discretion of the court, but the fine shall not be less than twenty per cent (20%) of the franchise, license or privilege tax in addition to the franchise, license or privilege tax and the court costs, and if such failure, neglect or refusal to apply for and obtain such City franchise or license be continued, such person, firm or corporation shall pay an additional tax of two and one-half per centum (2 _/2 %) of the amount of such City franchise, license or privilege tax which was due and payable, in addition to the City franchise, license or privilege tax imposed by an ordinance adopted pursuant to this act or pursuant to any other statute, for each and every thirty days that such City franchise, license or privilege tax remains unpaid from the date that same was due and payable, and such additional tax shall be assessed by the tax collector of the City of Raleigh and paid with the City franchise, license or privilege tax and shall become a part thereof; provided further the additional tax shall be limited to fifty per cent (50%) of the tax originally levied, but in no event less than ten dollars ($10.00). The license year shall begin on the first day of June of each and every year.

Amendment note: 1963 Session Laws, Ch. 87, amended §22 of Ch. 1184 Session Laws 1949 by rewriting subparagraph (7). 1969 Session Laws, Ch. 383, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding a proviso to the next to the last sentence.

(8)

Assess, levy and collect taxes.

To assess, levy and collect such taxes as are authorized by law.

(9)

Appropriate moneys.

To appropriate the moneys and funds of the City for all lawful purposes.

(10)

Regulate utilities.

To regulate and supervise, by ordinance, the operation of all public utilities or quasi-public utilities which operate or do business within the City of Raleigh to the end that all citizens of Raleigh shall receive from said public utilities or quasi-public utilities equal treatment, and also to the end that said citizens shall have good service, just and reasonable rates from any and all such utilities, and to grant or refuse franchises or privileges to such utilities; provided, however, that such ordinances regulating and supervising such utilities shall not be in contravention of the public laws of the State of North Carolina applicable to such utilities as same are now or may hereafter be enacted; and provided, further, that nothing in this section shall supersede or conflict with the powers and duties of the North Carolina Utilities Commission, under any statute now or hereafter in effect, to regulate such utilities, and their service and rates, within or without the City of Raleigh.

(11)

Terminate franchises.

To declare forfeited and to terminate franchises granted to persons, firms or corporations for street railway, electric, light, telephone, telegraph, gas, power or other public utility or quasi-public utility, purposes, whenever the conditions upon which any such franchise or franchises were granted have been broken, or whenever, for any other reason, such franchise or franchises have been lost, surrendered or forfeited.

(12)

Regulate use of streets by vehicles for hire.

To make all suitable and proper regulations in regard to the use of the streets of the City for street cars, buses or other vehicles for hire and to regulate the speed and operation of street cars, buses and other vehicles for hire so as to prevent injury or inconvenience to the public, and from time to time prescribe reasonable fares for the transportation of intracity passengers.

(13)

Construct, purchase, etc., public utilities.

To construct, purchase, lease or otherwise acquire and to own, conduct and operate public utilities.

(14)

Construct and maintain streets, sidewalks, alleys, etc.

To establish, construct and keep in repair streets, sidewalks, alleys, curbs, bridges, culverts, drains and conduits in the City; to regulate the construction and use of the same; and to provide for the punishment of any person, firm or corporation obstructing the same encroaching thereon.

(15)

Open and close streets, etc.

To open new streets, change, widen, extend, and/or close any street that is now open or is dedicated and proposed to be opened or may hereafter be opened, and adopt such ordinances for the regulation and use of the streets, squares and parks, and other public property belonging to the City as the City Council may deem best for the public welfare of the citizens of the City; and to purchase any land that may be necessary for the closing of any such street or alley.

(16)

Prohibit vagrancy and begging.

To prohibit vagrancy and street begging; impose punishment or penalties on such persons who habitually refuse to follow some usual trade or profession without adequate means of support, whether male or female, above the age of eighteen years.

(17)

Provide for Sunday observance.

To provide by ordinance for the proper observance of Sunday and for maintenance of order in the vicinity of churches and schools within the City and to provide for the preservation of peace, order and tranquility in the City.

Annotation: Kresge Co. v. Tomlinson; Arlan's Dept. Store v. Tomlinson, 275 N.C. 1, 165 S.E.2d 236 (1968); Mobile Home Sales v. Tomlinson, 276 N.C. 661, 174 S.E.2d 542 (1970). Sunday blue laws are constitutional.

(18)

Establish and regulate parks.

To acquire, lay out, establish, and regulate parks within or without the corporate limits of the City for the use of the inhabitants of the same.

(19)

Condemn land for public buildings.

To condemn any land that may be required for the purpose of erecting any building or buildings, for City hall, civic center, market houses, fire companies, and for any other public buildings, whether like those enumerated above or not; provided, that the procedure in such condemnation proceedings shall be the same as is herein provided for the condemnation of lands for streets.

Amendment note: Session Laws 1973, Ch. 850, amended §2.14(19) of this Charter by including the civic center under the City's condemnation authority.

(20)

Erect, etc., public buildings.

To erect, repair, and alter any and all public buildings.

(21)

Accept money or property.

To accept any money or property for the purpose of any public or corporate use.

(22)

Regulate and prohibit running at large of animals and fowls.

To regulate, restrain, and prohibit the running or going at large of horses, mules, cattle, sheep, swine, goats, chickens, and all other animals and fowls of whatsoever description, and to authorize the distraining and impounding and sale of the same for the cost of the proceedings and the penalty incurred, and to order their destruction when they cannot be sold, and to impose penalties on the owners or keepers thereof for the violation of any ordinance or regulation of the City Council, and to prevent, regulate, and control the driving of cattle, horses and all other animals into or through the streets of the City.

(23)

Regulate plumbers and plumbing.

To regulate and control plumbers and plumbing work and to enforce efficiency in the same.

(24)

Regulate and prohibit storage of explosives and other dangerous materials.

To regulate, control and prohibit the keeping and management of houses or any building for the storage of gunpowder and other combustible, explosive, or dangerous materials within the City, and to regulate the keeping and conveying of the same, and to authorize and regulate the laying of pipes and the location and construction of houses, tanks, reservoirs, and pumping stations for the storage of oil and gas.

(25)

License, etc., use and sale of dynamite and fireworks.

To license, tax, regulate, control, restrict, and prohibit the use and explosion of dynamite, firecrackers, or other explosive; or fireworks of any and every kind, whether included in the above enumeration or not, and the sale of same; and all noises, amusements, or other practices or performances tending to annoy persons or frighten persons or teams; and the collection of persons on the streets or sidewalks or other public places in the City, whether for purposes of amusement, business, curiosity or otherwise.

(26)

Regulate butchers and market places.

To make such rules and regulations as to butchers as they [it] may deem necessary and proper, to establish and erect market houses, and designate, control and regulate market places and privileges.

(27)

Prohibit abuse of animals.

To prohibit and punish the abuse of animals.

(28)

Establish, etc., cemeteries and regulate burials.

To establish and maintain cemeteries, and to regulate the burial of the dead.

(29)

Prohibit prize fighting, etc.

To prohibit prize fighting, cock fighting and dog fighting.

(30)

License, etc., theaters and exhibitions.

To license, tax, regulate, restrict, and prohibit theaters, carnivals, circuses, shows, parades, exhibitions of showmen and shows of any kind, and the exhibition of natural or artificial curiosities, caravans, manageries [menageries], musical and hypnotic exhibitions and performances.

(31)

Create and administer special fund for relief of firemen and policemen.

To create and administer a special fund for the relief of indigent and helpless members of the Police and Fire Departments who have become superannuated, disabled or injured in such service, and receive donations and bequests in aid of such fund, and provide for its permanence and increase, and to prescribe and regulate the conditions under which, and the extent to which, the same shall be used for the purpose of such relief.

Amendment note: 1959 Session Laws, Ch. 813, amended §2.14(31) of this Charter, by adding the second paragraph as hereinabove set out.

Also to insure any or all employees of the City of Raleigh against death by accident in an amount not to exceed ten thousand dollars ($10,000) and to pay all or such part of the premiums on said insurance, as the City Council shall determine, out of current funds of the City. Such insurance, if taken, shall be in addition to any benefits accruing by virtue of the Workmen's Compensation Act or under the provisions of G.S. 160-200(25).

Editor's note: G.S. 160-200(25) repealed by Session Laws 1971, Ch. 698, §2, effective January 1, 1972.

(32)

Condemnation of property.

When acquiring right-of-way for the construction or improvement of streets, the City may also locate and acquire such additional rights-of-way as may be necessary for the present or future relocation or initial location, above or below ground, of telephone, telegraph, electric and other lines, as well as gas, water, sewerage, oil and other pipelines to be operated by public utilities defined and regulated under Chapter 62 of the General Statutes. In acquiring real property by eminent domain the City may use the procedures of either Chapter 40A or Chapter 136 of the General Statutes.

Amendment note: 1991 Session Laws, Ch. 312, §1, amended subparagraph 32 of §22 of Ch. 1184 Session Laws 1949 by rewriting the subparagraph.

Annotation: City vs. Hatcher, 18 S. E. 2d 207, 1942, City's power to condemn land for street purposes is not abridged by assistance agreement with state.

(33)

Prevent nuisances.

To define nuisances and prevent and abate the same, whether on public or private property.

(34)

Provide for lighting streets, buildings, etc.

To provide for the lighting of the streets, public grounds and public buildings and for furnishing lights to the citizens of said City by contract or otherwise, and to erect, own and operate plants, machinery, fixtures, appliances of every nature whatever necessary for the carrying out of said purposes.

(35)

Regulate animal slaughtering business.

To regulate, license or prohibit the business of slaughtering animals in the City limits; to revoke such licenses for malconduct in business, to provide for the regulation and maintenance of a standard of the quality of meats sold in the City and to impose penalties for the violation thereof, and to provide for the inspection of all slaughtering houses, inside or outside the corporate limits, whose products are sold within the corporate limits and to charge a reasonable inspection fee for such services; to own, lease or operate abattoirs or slaughterhouses.

(36)

Regulation of pedestrian and vehicular traffic; parking meters.

To provide for the regulation, diversion and limitation of pedestrians and vehicular traffic upon public streets, highways, sidewalks and public grounds of the City and to regulate and limit vehicular parking on streets, highways and public grounds within the corporate limits; provided, however, that in the regulation and limitation of vehicular traffic and parking within the corporate limits the City Council may, in its discretion, enact ordinances providing for a system of parking meters designed to promote traffic regulation and requiring a reasonable deposit (not in excess of five cents ($0.05) per hour) from those who park vehicles for stipulated periods of time in certain areas in which the congestion of vehicular traffic is such that the public convenience and safety demand such restrictions, as determined by the City Council in its discretion; and provided, further, that the proceeds derived from the use of such parking meters shall be used exclusively for the purpose of making such regulations effective and for the expenses incurred by the City in the regulation and limitation of vehicular parking, and traffic related to such parking, on the streets and highways of the City.

(37)

Regulate parking of vehicles.

To limit, control, prohibit or otherwise regulate the parking of automobiles, trucks and other vehicles upon and along the streets, alleys, and other public places within the corporate limits. The City of Raleigh shall have the authority to classify each additional hour that a vehicle remains parked beyond the legal time limit for the parking area where said vehicle is parked as a separate and distinct offense. No ordinance adopted to implement the preceding sentence of this subdivision shall be effective unless a public hearing is held on such ordinance and the ordinance adopted no earlier than 30 days after the public hearing.

Amendment note: 1979 Session Laws, Ch. 277, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding the second and third sentences to subparagraph (37).

(38)

Operate municipal parking lots.

To own, establish, regulate, operate and control municipal parking lots for parking of motor vehicles within the corporate limits of the City, and, in the discretion of the City Council, to make and collect charges for the use of such parking lots.

(39)

Regulate smoke emission.

To make, adopt and enforce ordinances for the regulation of the emission of smoke within the City including in any such ordinance appropriate regulations as may be deemed proper and expedient by the City Council for the purpose of reducing air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases, or other substances, the emission of which may be found by the City Council to be detrimental to the health and welfare of the residents of the City; to adopt as a standard to determine the density of smoke the "Ringlemann Chart" as published by the United States Bureau of Mines; and to provide that any violation of any such ordinance shall constitute a misdemeanor and be punishable as such.

(40)

Appropriation for advertising the City of Raleigh.

To appropriate annually, in the discretion of the City Council, surplus public funds derived from sources other than taxation for the purpose of advertising the City of Raleigh by calling attention to its natural advantages, its resources, its enterprises, and its adaptability for industrial sites, with the object of increasing its trade and commerce and encouraging people to settle in the community. In expending the funds appropriated, the City Council may secure the advice and assistance of advertising agencies or others, with or without compensation, so that the best results may be had. The City Council of the City of Raleigh may also, by agreement with Wake County, appropriate surplus public funds not derived from taxation for the purpose of advertising the City of Raleigh and Wake County.

Amendment note: 1961 Session Laws, Ch. 220, amended §2.14(40) of Ch. 1184, to read as set out above. Prior to amendment this subsection authorized an appropriation not exceeding $2,500.00 to any association in the City organized for the purpose of advertising or promoting the City.

Annotation: Dennis v. Raleigh, 253 N.C. 400, 116 S.E.2d 923 (1960). The expenditure of funds by a municipality for the purpose of advertising to promote the economic growth of the City is for a public purpose.

Editor's note: Subsequent to this court decision, the North Carolina Constitution was repealed, rewritten, and reenacted; portions of the Dennis decision are no longer applicable.

(41)

Fix location of hospitals.

To fix the location of hospitals in which contagious, infectious or other communicable diseases are to be treated.

(42)

Regulate dangerous businesses.

To regulate and prohibit the carrying on of any business or activity which may be dangerous or detrimental to the health, safety and general welfare of the inhabitants of the City.

(43)

Establishment, etc. of Fire Department and facilities.

To establish and own stations and other property for a Fire Department and to provide everything necessary for the regulation and maintenance of such department, including training facilities and all other equipment deemed necessary.

(44)

Establish fire limits, regulate building therein.

To establish fire limits, and prohibit the erection, building, placing, repairing or maintaining of wooden buildings within said limits; to prohibit the removal of any wooden building from one place to another within said limits and to require all buildings within said limits to be constructed with fireproof material; also to declare all dilapidated wooden buildings deemed dangerous on account of fire, [to be] nuisances, and require the same to be removed.

(45)

Provide building regulations and installation of utility poles.

To provide for an inspection of the construction of all buildings in said City, and to prescribe and enforce proper regulations in regard thereto; to regulate the erection and location of all poles, whether telegraph, telephone, electric light or otherwise, in the City; to require in the discretion of the City Council, that all wires, pipes and conduits be placed underground, where the public necessity and safety require, and to regulate the same.

(46)

Building inspection, abatement of unsafe conditions.

To enter in and upon all buildings within the City, through proper officials to inspect and discover whether the same are dangerous to either life or health on account of defects or their dilapidated condition and to cause all defects or unsafe conditions to be repaired or remedied, and all filth or trash in or around the same to be removed, or to condemn as unsafe and dangerous to life any such dilapidated or defective building, and if the owner of any such building which has been so condemned as unsafe and dangerous, after having been notified by the City building inspector in writing of the unsafe and dangerous character of said building, shall permit the same to stand or continue in that condition, he shall forfeit and pay a fine to be fixed by ordinance of not less than ten dollars ($10) or more than fifty dollars ($50) for each day said condition continues after such notice, and if the owner or owners of said building cannot be located or found, then the City of Raleigh, through appropriate officials, is authorized to enter upon said premises and remedy such unsafe and dangerous condition or demolish said building, if necessary, and to charge reasonable costs for making any such repair or of demolishing against the owner or owners of said premises and the same shall be and remain a lien against the said premises until such reasonable costs are paid in full, and the lien herein provided may be collected or foreclosed as now provided by law for the collection of unpaid taxes, and the City of Raleigh shall not be liable in any manner for carrying out the terms and provisions of this section.

The City may require the owners of all rental residential dwelling units that are not required to have smoke detectors under the North Carolina State Building Code to have smoke detectors installed in the units within one hundred eighty (180) days after the passage of an ordinance requiring their installation.

Amendment note: 1991 Session Laws, Ch. 312, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding a second subparagraph to subparagraph (46).

(47)

Prevent dangerous boiler, furnaces, etc., construction.

To prevent dangerous construction and condition of chimneys, fireplaces, hearths, stoves and stovepipes, boilers, furnaces and other heating apparatus, and cause the same to be made safe or removed.

(48)

Regulate public assembly exits.

To regulate the size, number and manner of construction of doors and stairways of theatres, tenement houses, audience rooms, public halls and all buildings used for the gathering of the public, whether now built or hereafter to be built, so that there may be convenient, safe and speedy exit in case of fires or other casualties, and to require that such exits shall be appropriately marked.

(49)

Establish incinerators and crematories.

To establish one or more incinerators and crematories and to provide for the removal of all filth, carcasses of dead animals, and other unhealthful substances by cremation, or otherwise, and to require the owners and occupants of all premises to keep them in a cleanly condition.

(50)

Require drains, etc.

To require the owners of private drains, sinks and privies, to fill up, cleanse, drain, repair, fix, and improve the same, as they may be ordered by ordinance, and impose penalties upon persons failing to do the same; provided, that if there be no person in the City upon whom such order be served, the City may have such work done, and costs of the same shall be a lien on the premises and shall be collected in the same manner as taxes are collected, and to cause all drains, toilets, sinks and all other water or sewerage facilities to be connected with the City systems.

(51)

Require cleanliness of lots and premises.

To require the owner or owners of vacant or improved premises to keep same free from trash, obnoxious weeds or undue growth, and in the event such owner or owners shall, after due notice given by the City, fail to remedy such existing condition, then the City shall cause the same to be remedied and charge the reasonable cost thereof to such owner or owners, and such reasonable cost shall constitute a lien upon such premises and be collected in the same manner as taxes upon real estate.

(52)

Purchase of insurance for City.

To purchase any and all forms and kinds of insurance deemed necessary or expedient by the City Council for the protection of the interests and liabilities of the City, and to accept surety bonds in proper form and amount as required or authorized by law, and to pay the lawful premiums thereon; and such insurance policies and contracts and such bonds may be furnished and executed by either stock or mutual companies duly authorized to do an insurance or surety business in the State of North Carolina, determined from time to time by the City Council.

(53)

Regulate keeping, etc., of inflammable materials and explosives.

To regulate the keeping, storing and transporting of highly inflammable liquids or materials and explosives so that the life, limb or property of its inhabitants may not be endangered.

(54)

Prohibit shows in dangerous conditions.

To require any shows or expositions to keep the buildings or grounds upon which they are showing in such a condition so that the same shall not constitute a fire or health menace and to prevent the showing of obscene or licentious performances, and to prevent any undue sounds or noises connected therewith, and to prescribe penalties for the violation of any ordinances exercising the powers herein given.

(55)

Own, etc., hospitals, auditoriums and other facilities.

To own, operate or maintain hospitals, auditoriums, armories, markets, airports and such other facilities for the benefit and welfare of its citizens.

(56)

Operate public toilets.

To operate and maintain public toilets within said City for the use and convenience of the public.

(57)

Require drainage facilities.

To require that all property owners provide adequate drainage facilities to the end that their premises and adjoining lands be free from standing water and permit the natural flow of water thereon to be taken care of, and to provide that in case of failure on the part of such owner or owners to so provide the same, to go upon their premises and construct the necessary facilities and to charge the reasonable cost thereof against the premises so improved, such reasonable cost to constitute a lien upon such premises and be collected as in the case of taxes.

(58)

Regulate utility installations.

To require in all instances where it is reasonable and practical for such persons, firms or corporations to do so, that all persons, firms or corporations having franchises or permits to use the sidewalks, alleys or streets of the City of Raleigh for the maintenance and laying of pipes, poles, wires or conduits, or for other purposes, which necessitate excavation in said sidewalks, alleys or streets, shall lay or place the same, or shall do such work as may be authorized under such franchise or permit, before the beginning of any improvement by said City of such sidewalks, alleys or streets, and to prohibit the laying or construction of same, after such improvements have been completed, unless such person, firm or corporation shall agree, either to restore, at its expense, that portion of said improvement, disturbed by such laying or construction, to the condition in which it existed at the time such laying or construction was commenced, or to bear the cost of such restoration; and to require such persons, firms or corporations owning or using any such pipes, mains or conduits whatsoever, or underground electric or other wires or conduits or other facilities in or under such sidewalks, alleys, or streets so being paved, improved or about to be paved or improved, to make forthwith, insofar as it is reasonable and practical for such persons, firms or corporations to do so, all lateral connections in said sidewalks, alleys or streets at least to the edges thereof; and to require such persons, firms or corporations to complete the laying and placing of such mains, pipes, wires or other conduits, facilities and to complete the making of such lateral connections, in or under such streets, sidewalks, or alleys by a designated date so that the progress of paving or the improving of such streets, sidewalks or alleys will not be delayed or interfered with by the work of such persons, firms or corporations; and to compel compliance with such requirements by such persons, firms or corporations.

(59)

License and regulate poolrooms, billiard rooms and dance halls.

To license, prohibit and regulate poolrooms, billiard rooms and dance halls, and in the interest of public morals provide for the revocation of such licenses.

(60)

Regulate electricians and electrical work.

To regulate and control electricians and electrical work and to enforce efficiency in the same by examination of such electricians and inspection of such electrical work.

(61)

Sell, lease, etc., real and personal property.

To sell, lease, hold, manage and control real property and personal property of all kinds and to make all rules and regulations by ordinance or resolution which may be required or deemed expedient by the City Council to carry out fully the provisions of any conveyance, deed, will or other legal instrument in relation to any gift or bequest or the provisions of any lease by which the City may acquire property; provided, that in lieu of foreclosure of any lien on real estate for delinquent taxes and/or special assessments for improvements, the City shall have the right and power to accept a conveyance by deed or quitclaim deed from the property owners in consideration of the outstanding taxes and/or assessments and interest and penalties then due to the City on the particular property, together with any court costs accrued in connection with any foreclosure proceeding previously commenced, and to accept such conveyance subject to taxes, penalties, interest and costs due and payable to Wake County on any such real estate; and the City shall have the right and power to procure and accept a quitclaim deed from the former owners of real estate purchased by the City from any commissioner or commissioners in proceedings for the foreclosure of liens for taxes and/or assessments.

(62)

Regulate fences, billboards, etc.

To regulate the erection of fences, billboards, signs and other structures and provide for the removal or repair of insecure billboards, signs and other structures.

(63)

Regulate driveways.

To limit, restrict, regulate, control and, except as hereinafter provided, to prohibit the establishment, construction, maintenance and repair of all driveways sought to be opened and/or already opened leading from any private property into any street or highway in the City or its extraterritorial jurisdiction; provided, that in the exercise of this power, the City Council shall permit, under reasonable rules and regulations established by ordinance, at least one (1) driveway permitting ingress and egress into and from at least one (1) adjacent street, but the City Council shall have power to limit the number and width of such driveways and to prescribe reasonable regulations relating to the opening, closing, construction, maintenance and repair of all driveways leading across adjacent sidewalks and the right-of-way of adjacent streets; and the City Council shall have power to close driveways from property into the public streets according to reasonable rules and regulations prescribed by ordinance where there is more than one (1) driveway leading from any property into one (1) or more adjacent public streets and to require a reduction in the width of any existing driveway at the points where the driveway enters and crosses the sidewalk and street right-of-way; and the City Council may require written permit to be procured from the City and a reasonable charge to be paid therefor before any driveway may be opened into any street.

Amendment note: 1985 Session Laws, Ch. 498, §1, amended subparagraph (63) of §22 of Ch. 1184 Session Laws 1949 by adding "or its extraterritorial jurisdiction" in the first sentence.

(64)

Control, etc., streets and sidewalks.

To control, grade, macadamize, cleanse, pave and repair the streets and sidewalks of the City and make such improvements thereon as the City Council may deem best for the public good; and to regulate and control digging in said streets and sidewalks or placing therein of pipes, poles, wires, fixtures and appliances of every kind, whether on, above or below the surface thereof; and regulate and control the use thereof by persons, animals and vehicles; to prevent, abate and remove obstructions, encroachments, pollution or litter thereon.

(65)

Operate, contract for, etc., waterworks and sewerage systems.

To acquire, provide, construct, establish, maintain and operate a system of waterworks and a system of sewerage for the City and the citizens thereof, and to protect, control, and regulate the same by such adequate rules and regulations as may be deemed appropriate and expedient by the City Council; and to extend the systems of waterworks and/or sewerage beyond the corporate limits; and to enter into written contracts with persons, firms, and corporations, when authorized by the City Council by ordinance or otherwise, permitting any such person, firm or corporation to connect private water and/or sewer lines with the water and/or sewer systems of the City upon such terms and conditions as prescribed by the City Council by ordinance or otherwise; and the City Council shall have the power to prescribe rates of charges for and as a condition to making any lateral connection with any sewer mains lying outside the corporate limits of the City connecting with or emptying into the mains of the City sewerage system, and to prescribe rates of charges for water and/or sewer service, and to prescribe inspection fees for inspecting connections in addition to the other charges; and the City Council is authorized to fix a different schedule of rates of charges for connections, for sewer and/or water service, and for inspections to be charged consumers outside the corporate limits which may be higher than the charges applicable to residents of the City.

Before any person, firm or corporation shall connect in any manner any privately owned water or sewer line or lines or system with any water or sewer line or lines of the City of Raleigh, such person, firm or corporation shall, by proper written instrument, in consideration of making such connection and the benefits to be derived therefrom, dedicate, give, grant and convey such water or sewer line or lines or system to the City of Raleigh; no such connection shall be made with the City water or sewer line or lines without the express approval of the City, nor shall such connection be effected except by the forces or employees of the City, properly supervised, for which a charge may be made; and should any person, firm or corporation connect any privately owned water or sewer line or lines or system with any City water or sewer line or lines without first dedicating, giving, granting and conveying same to the City the act of connecting such water or sewer line or lines to the water or sewer line or lines of the City shall be deemed a dedication, gift, grant and conveyance of such water or sewer line or lines to the City of Raleigh; provided, however, that the privately owned water or sewer line or lines or systems referred to in this sentence shall mean and include only main distribution lines laid in streets, roads, highways, and alleys or across private property, and shall not include lateral lines leading from mains to building connections, and shall not include the water or sewer lines within any residence or other privately owned building.

(66)

Rewards.

To offer and pay rewards in an amount not exceeding five hundred dollars ($500.00) for information leading to the arrest and conviction of any person or persons who: (a) willfully takes, defaces, damages or destroys property, either personal or real; or (b) willfully injures or takes the life of any person in the City of Raleigh; or (c) commits any felony on the City of Raleigh.

The Council shall fix the terms, conditions and amounts of such rewards and shall be the sole judge as to those persons entitled to receive any rewards offered. Such rewards shall be paid only by order of the Council out of nontax revenues.

In cases involving minors, the term "conviction" as used in section (66) shall include any punishment administered by a Juvenile or District Court.

Amendment note: 1967 Session Laws, Ch. 71, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (66).

(67)

Terms of commissions, committees and boards.

To fix the terms of members of all commissions, committees and boards of the City regardless of the terms established by General Statute or special act or this charter for the particular commissions, committees, or boards and the Council shall by ordinance establish uniform overlapping terms for all members of all commissions, committees and boards of the City. Nothing herein shall permit the City to abolish or alter the basic structure of the Civil Service Commission.

Amendment note: 1971 Session Laws, Ch. 1209, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (67).

(68)

Contracts with municipal corporations, body politic and governmental agencies.

To make such contracts as the Council may desire with municipal corporations, body politic and other governmental agencies including agencies and departments of the United States government concerning services which the City of Raleigh is authorized to furnish, or for services which the contracting party is authorized to furnish. All municipal corporations, bodies politic and governmental agencies are hereby authorized to enter into such contracts with the City of Raleigh.

Amendment note: 1971 Session Laws, Ch. 1209, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (68).

(69)

Combat drug abuse.

To provide, through the creation or designation of an administrative department or City committee, commission, or board, for the prevention and treatment of narcotic, barbituric and other types of drug abuse and addiction and to appropriate funds to provide education, medication, medical care, hospitalization and outpatient housing in connection therewith, alone or jointly with Wake County.

Amendment note: 1973 Session Laws, Ch. 319, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (69).

(70)

Engage in socio-economic programs.

a.

Subject to the conditions hereinafter set forth, the City of Raleigh, through its governing body, shall have the power to undertake, endorse, administer, operate and maintain, and to expand Federal tax revenues returned to the City under the designation of general or special revenue sharing funds, or any other title, and consistently with the terms under which such funds are returned, and all other public funds with the exception set forth in subparagraph (e) below, for "socio-economic public improvement programs" and "crime prevention programs," including but not being limited to those initiated pursuant to the provisions of the Federal Economic Opportunity Act (42 U.S.C. Subsection 2701 et seq.) for the purpose of serving the public interest and well-being of the community and its citizens.

b.

The City Council may appoint or create such agencies, committees or boards as it may deem necessary in carrying out such programs and may authorize their employment of personnel. In undertaking and engaging in such programs, the City Council may enter into contracts with and accept grants from appropriate branches of the State and Federal governments and from public or private corporations, foundations and individuals, and is authorized to make grants to, or to contract with, appropriate public or private nonprofit agencies or combinations thereof, to pay part of or all of the costs of programs conducted by such agencies which assist in fulfilling the purposes of this section.

Amendment note: 1973 Session Laws, Ch. 319, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (70).

c.

For the purposes of this section, a "social, economic public self-improvement program" shall be defined as one devoted to and designed toward improving and promoting the general well-being of certain classes of citizens, without regard to race, religion, sex or national origin, in their human and economic relationship with society and which provides services, assistance, and other activities of sufficient scope and size to give promise of progress toward elimination of poverty or a cause or causes of poverty through developing employment opportunities, improving human performance, motivation and productivity, or bettering the conditions under which people live, learn and work; including but not limited to programs:

1.

To promote development of community facilities and services;

2.

To promote consumer education;

3.

To assist all participants to secure and retain meaningful employment;

4.

To assist all participants to attain an adequate education;

5.

To assist participants in making better use of available income;

6.

To provide and maintain adequate housing and a suitable living environment;

7.

To promote family planning, consistent with personal and family goals, religious and moral convictions;

8.

To provide assistance to citizens through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment-related assistance;

9.

To remove obstacles and solve personal and family problems which block the achievement of self-sufficiency;

10.

Designed to assist participants to achieve greater participation to the affairs of the community;

11.

Designed to assist participants in making more frequent and effective use of other programs related to the purposes of this article.

For the purposes of this section, a "crime prevention program" shall mean any type of citizen participation program primarily designed as a deterrent to crime and for the purpose of reducing the level and the magnitude of crime in the City; any such program shall be coordinated with the general efforts of the law enforcement agency of the City of Raleigh to minimize the occurrences of crime in the community.

Cross reference: Enabling law to engage in low and moderate income housing programs, 1987 Session Laws Ch. 653.

d.

The powers expressed herein are not intended to, nor shall they encroach in any manner upon the powers, duties and responsibilities of Wake County in any health, social, educational or welfare programs being administered by said County.

Amendment note: 1975 Session Laws, Ch. 561, amended §22 of 1949 Session Laws, Ch. 1184, by substituting a new subparagraph (70).

e.

Property tax revenues may be expended for "social-economic public improvement programs" and "crime prevention programs" as defined in this section if approved by a majority of the qualified voters as required by Article V, §2 of the North Carolina Constitution.

(71)

[Schedules of exemptions.]

To establish schedules of exemptions from special assessments for lots at the intersection of streets or other lots which would be assessed for a duplicating service when a project is or has been undertaken along or across two sides of such lots. The schedules of exemptions may be based on categories of land use (residential, commercial, industrial or agricultural) and shall be uniform for each category. The schedule of exemptions may not provide exemption of more than seventy-five (75) per cent of the frontage of any lot abutting on the project, or one hundred fifty (150) feet, whichever is greater.

(72)

Equal housing.

To adopt ordinances designed to insure that housing opportunities in the City of Raleigh shall be equally available to all persons without regard to race, color, religion, sex, national origin, age or handicap. Such ordinances may regulate or prohibit any act, practice, activity or procedure related directly or indirectly to the sale or rental of public or private housing which affects or may tend to affect the availability or desirability of housing on an equal basis to all persons. Such ordinances may provide that violations constitute a criminal offense; may subject the offender to civil penalties; may provide that the City may enforce the ordinances by application to the General Court of Justice for appropriate equitable remedies, including mandatory and prohibitory injunctions and orders of abatement.

Amendment note: 1989 Session Laws, Ch. 816, §1, amended subparagraph (72) of §22 of Ch. 1184 Session Laws 1949 by adding reference to age or handicap in the first sentence.

(73)

Reserved.

Amendment note: In its amendment of this section, 1975 Session Laws, Ch. 561, failed to include a subparagraph (73).

(74)

Establishment of transit authority.

a.

To establish, by ordinance, a Raleigh Transit Authority (hereinafter referred to the "authority"), a body corporate and politic, which shall consist of no less than five (5) nor more than eleven (11) members, to exercise and to have all or any combination of powers and duties, as determined by the Raleigh City Council, conferred by this act or by General Statutes upon municipal corporations relating to acquisition, establishment, operation, maintenance, control and financing of transit systems. The City Council of the City of Raleigh is hereby authorized to exercise all powers and duties conferred by this act or by General Statutes relating to acquisition, establishment, operation, maintenance, control and financing of transit systems.

b.

Members of the Raleigh Transit Authority shall reside within the area comprised of the corporate limits and the extraterritorial zoning jurisdiction of the City of Raleigh, as such area now exists or as it may change in accordance with law. The Chairman and membership of the authority shall be appointed by the City Council of the City of Raleigh for such terms as the City Council may determine. The membership of the authority shall elect a Vice-Chairman and whatever other officers it deems appropriate from its membership.

A majority of the membership of the authority shall constitute a quorum for the transaction of business and an affirmative vote of the majority of the members present at a meeting shall be required to constitute action of the authority. Members of the authority shall receive such compensation, if any, as may be fixed by the City Council of the City of Raleigh.

c.

The purpose of the authority shall be to provide for a safe, adequate and convenient public transportation system for the City of Raleigh and its environs.

d.

The general powers of the authority shall be:

1.

To sue and be sued;

2.

To have a seal;

3.

To purchase, acquire, hold, own, control and lease real and personal property, and to surrender to the City of Raleigh by appropriate instrument any property no longer required by the authority;

4.

To make or enter into contracts, agreements, leases, conveyances or other instruments, including grants, contracts and agreements with the State of North Carolina and the United States;

5.

With the approval of the City Manager, to use officers, employees, agents and facilities of the City of Raleigh on such basis as may be agreed upon;

6.

To contract with private management companies for operation of a transit system;

7.

To establish rates, fares and schedules for operation of a transit system;

8.

To do all things necessary or convenient to carry out its purpose and for the exercise of the powers granted herein, consistent with the ordinance or ordinances adopted by the Raleigh City Council for its establishment and operation, and consistent with this act.

e.

The authority shall be fiscally accountable to the City of Raleigh and the City Council, and the City finance direct [director] shall have authority to examine all records and accounts of the authority at any time.

f.

The establishment and operation of an authority as herein authorized as a governmental function and a public purpose and the City of Raleigh is hereby authorized to appropriate funds to support the establishment and operation of the authority. The City of Raleigh may also dedicate, sell, convey, donate or lease any of its interest in any property to the authority.

g.

The City Council of the City of Raleigh shall have authority to terminate the existence of the authority at any time. In the event of such termination, all property and assets of the authority shall automatically become the property of the City of Raleigh and the City of Raleigh shall succeed to all rights, obligations and liabilities of the authority.

Provided, insofar as the provisions of this section are not consistent of any other section or law, public or private, the provisions of this [sub] section shall be controlling.

(75)

[Credit of accumulated leave.]

To credit a new employee with accumulated sick leave and vacation leave earned with another municipality of this State, North Carolina state government, or the Federal government (including military service), provided such new employee's last prior employment was with such named governmental entity.

(76)

[Bicycle regulations.]

To develop and adopt regulations concerning the use of bicycles within the City limits and the establishment of bikeways (thoroughfares suitable for bicycles) on City streets which may exist within the right-of-way of other modes of transportation, such as highways, or along separate and independent corridors. Such regulations may include the establishment of traffic regulations for bicycles traveling on designated bikeways different than those established for other types of vehicular traffic, including the establishment of two-way bicycle traffic lanes on existing roadways. The City of Raleigh shall not establish bikeways or adopt traffic regulations concerning bicycle traffic on streets or highways under the authority and control of the board of transportation without first obtaining approval of any such proposals from said board.

(77)

Community development programs and activities.

(a)

The City of Raleigh, through its governing body, is authorized to engage in, to accept Federal and State grants and loans for, and to appropriate and expend funds for community development programs and activities. In undertaking community development programs and activities, in addition to other authority granted by law, the City of Raleigh may engage in the following activities:

(1)

Programs for the assistance and financing of rehabilitation of private buildings, including direct repair, the making of grants or loans, the subsidization of interest payments on loans, and the guaranty of loans, for: (a) the principal benefit of low- and moderate-income persons, or (b) the revitalization of deteriorating or deteriorated neighborhoods to attract persons of higher income, or (c) the restoration and preservation of properties or neighborhoods of special value for historic, architectural or aesthetic reasons, or of special value to efforts to conserve, rehabilitate and enhance older segments of the community.

(2)

Programs concerned with employment, economic development, crime prevention, child care, health, drug abuse, education, and welfare needs of persons of low and moderate income.

(b)

The City Council of the City of Raleigh may exercise directly those powers granted by law to municipal redevelopment commissions and those powers granted by law to municipal housing authorities. The City Council may delegate to any redevelopment commission or to any housing authority the responsibility of undertaking or carrying out any specified community development activities. The City Council and the Board of County Commissioners of Wake County may by agreement undertake or carry out for each other any specified community development activities. The City Council may contract with any person, association, or corporation in undertaking any specified community development activities. The County or City Board of Health, Wake County Board of Social Services, or the Board of Education of any unit within Wake County may by agreement undertake or carry out for the City Council any specified community development activities.

(c)

The City Council of the City of Raleigh in undertaking community development programs or activities may create one (1) or more advisory committees to advise it and to make recommendations concerning such programs or activities.

(d)

The City Council of the City of Raleigh in proposing to undertake any loan guaranty or similar program for rehabilitation of private buildings is authorized to submit to its voters the question whether such program shall be undertaken, such referendum to be conducted pursuant to the general and local laws applicable to special elections in the City of Raleigh.

(e)

No property taxes shall be appropriated or expended by the City of Raleigh pursuant to this section for any purpose not expressly authorized by G.S. 160A-209, unless the same is first submitted to a vote of the people as therein provided.

Amendment note: 1975 Session Laws, Ch. 537, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (77).

Cross reference: Enabling law to engage in community development programs, 1987 Session Laws, Ch. 653.

(78)

[Reservation of sites.]

To adopt ordinances providing for the reservation of sites for public buildings or rights-of-way for public facilities and utilities including but not limited to fire stations, police stations, streets, water systems and sanitary sewer systems. The City Council after recommendation by the Planning Commission shall determine the location and size of any such reservations and shall cause those locations to appear on the City's Comprehensive Land Use Plan. If the City enacts ordinances pursuant to this authority those ordinances shall provide, in part, that any subdivision submitted for approval which includes any such reservation or any request for a building permit not involving subdivision approval which includes such a reservation, the administrative official charged with receiving such request shall give notice of the request to the City Council at its next regularly scheduled meeting. The Council shall decide at that meeting whether it still wishes to require the reservation. If the Council does wish the reservation, it shall have a period of seven (7) months in which to acquire the reserved area by purchase or by eminent domain. If the Council has not purchased the reservation interest or begun condemnation proceedings within the seven-month period, the subdivider or building permit applicant may treat the land as freed of the reservation.

Amendment note: 1983 Session Laws, Ch. 272, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (78).

(79)

[Street construction.]

To construct streets outside the corporate limits but within its extraterritorial jurisdiction. Such a street may be built only after a finding by the City Council that the street is essential to the operation of an orderly transportation system for the City and the surrounding urbanized area. Upon annexation of any area in which such streets are located, the City is authorized to make special assessments against the property benefited by the improvements which were installed prior to the annexation. The City is also authorized to reimburse for overwidth streets those who build streets outside the City limits but within the extraterritorial jurisdiction for the City through the subdivision process or any other development process. In order to effect this reimbursement the City is authorized to establish reimbursement zones and to determine reimbursement rates for each zone.

Amendment note: 1983 Session Laws, Ch. 272, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (79).

(80)

Site plans.

The City Council may as part of its zoning regulations require that a site plan be prepared, submitted, and approved prior to the issuance of a building permit for new construction, excluding renovation and repair of existing structures, and excluding accessory uses and their structures, unless such renovations and repairs and accessory uses shall cause an increase in the off-street parking requirement or a change in occupancy as occupancy is defined by the North Carolina State Building Code. Such local law shall specify the elements to be included in site plans submitted for approval in accordance with standards of the zoning code; such elements may include, where appropriate, those relating to off-street parking, driveway access, internal circulation, screening, signs, landscaping, architectural features, locations and dimensions of buildings, topography and grading, utilities, drainage structures, street and sidewalk improvements, loading and service areas, fire hydrants, and such other elements as may reasonably be related to the health, safety and general welfare of the community. Where appropriate, approval of site plans may be conditioned to include requirements that street and utility and drainage rights-of-way, open space and recreation areas be dedicated or reserved for the public, or street, drainage, recreation, and utility improvements be made to the same extent as required by the local subdivision regulations. This provision shall not apply to additions of less than five (5) per cent of gross floor area on an annual basis unless such addition causes an increase in the off-street parking requirement or a change in occupancy as occupancy is defined by the North Carolina State Building Code. The City Council shall prescribe procedures for review and approval of such site plans to insure that development of property shall conform to applicable zoning or other relevant laws or regulations, with approvals by designated City staff, or the City Council. Appeals shall lie from the staff to the City Council. The City Council may require that site plans be in conformity with previously approved subdivision plans for the same property; further, in the event of conflict between a requirement for site plan approval and requirements for previously approved subdivision plans, the latter shall control.

Amendment note: 1985 Session Laws, Ch. 498, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (80). 1987 Session Laws, Ch. 514, §2, amended subparagraph (80) by adding reference to drainage and open space and recreation areas in the third sentence.

(81)

Road or drainage projects fee.

(a)

Definitions.

The following words in this subdivision are defined for this subdivision as follows, unless the contrary clearly appears from the context:

(1)

Capital costs.

"Capital costs" shall mean costs spent for developing new road or public storm drainage projects or road or public storm drainage improvements; such costs may include land acquisition, design, and construction, and no other.

(2)

Road or drainage project.

"Road or drainage project" shall mean road or public storm drainage improvements provided or established by the City or in conjunction with other units of government which are required in addition to those required by the subdivision regulations.

(3)

Developer.

"Developer" shall mean an individual, corporation, partnership, organization, association, firm, political subdivision, or other legal entity constructing or creating new construction.

(4)

Road or drainage project fee.

"Road or drainage project fee" shall mean the charge imposed upon new construction pursuant to the grant of regulatory authority contained herein.

(5)

New construction.

"New construction" shall mean any new development, construction, or installation that results in real property improvement or which requires a building permit. This term shall include the installation of a mobile home and factory-built and modular housing. This term shall not include fences, billboards, poles, pipelines, transmission lines, advertising signs, or similar structures and improvements, or renovations and repairs, which do not generate the need for additional or expanded road or drainage projects upon completion of the new construction.

(b)

[Regulatory fee.]

Subject to the conditions hereinafter set forth, the City of Raleigh, following the adoption of an ordinance or ordinances, shall have the right, power, and authority to impose and collect a regulatory fee defined herein as a road or drainage project fee on all new construction within its City limits and extraterritorial jurisdiction.

(c)

Requirements and limitations.

(1)

No road or drainage project fee shall be enacted until the City Council has caused to be prepared a report containing: (i) a description of the anticipated capital costs to the City of each additional or expanded road or drainage project; (ii) a description of the relevant characteristics of construction which give rise to additional or expanded road and drainage projects, such as population, trip generation, stormwater runoff, and flow characteristics; (iii) a plan for providing one or more road or drainage projects has been prepared.

(2)

Before adopting or amending any road or drainage project fee ordinance authorized by this section, the City Council shall hold a public hearing. A notice of the public hearing shall be given so as to conform with G.S. 160A-364, as it may be amended from time to time. No such ordinance shall be adopted or amended without receiving the Planning Commission recommendation to the City Council. If the Planning Commission shall fail to return a recommendation within sixty (60) days of submittal of an ordinance, the ordinance shall be returned to the City Council and deemed to have a favorable recommendation as submitted to the Planning Commission.

(3)

The amount of each fee imposed and collected hereunder shall be based upon reasonable and uniform considerations of capital costs to be incurred by the City as a result of new construction and shall bear a reasonable relationship to such capital costs. Such fee shall be based upon reasonable classifications and rates which shall be uniformly applied to all members of a class; however, the fees may differ within zones which may be established depending on the special needs and costs of road and drainage projects in such zones. To the extent that the developer installs and dedicates road or drainage projects for which the use of the fee is designated, which immediately become the property of the City or another unit of government, and which are not otherwise reimbursed by the City, the fee shall be reduced by an amount equal to the value of the improvements or dedications.

(4)

All monies from fees collected hereunder shall be placed in a separate trust fund. Expenditures from such trust fund shall be matched by an equal sum of money approved from non-fee sources and shall be spent for road or drainage projects located in the same zone in which the fees were collected. No expenditures from such trust fund shall be made for any purpose other than a road or drainage project undertaken by the City, or by the City in conjunction with other units of government. Facility fees shall be spent for those community service facilities authorized by this Section [subparagraph] (81) which the City provides within six (6) years after its collection and within ten (10) years for those community service facilities authorized by this Section [subparagraph] (81) which the City provides in conjunction with other units of government.

Amendment note: 1985 Session Laws, Ch. 498, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (81). 1987 Session Laws, Ch. 514, §3, amended subparagraph (c)(4) by completely revising the second sentence.

(82)

Open space projects fee.

(a)

Definitions.

The following words in this subdivision are defined for this subdivision, as follows, unless the contrary clearly appears from the context:

(1)

Capital costs.

"Capital costs" shall mean costs spent for the purchase only of land for open space but not for development thereof.

(2)

Open space project.

"Open space project" shall mean either the acquisition of land for parks, greenways or open spaces or the construction of recreation facilities.

(3)

Developer.

"Developer" shall mean an individual, corporation, partnership, organization, association, firm, political subdivision, or other legal entity constructing or creating new construction.

(4)

Open space projects fee.

"Open space projects fee" shall mean the charge imposed upon new construction pursuant to the grant of regulatory authority contained herein.

(5)

New construction.

"New construction" shall mean any new development, construction, or installation that results in real property improvement or which requires a building permit. This term shall include the installation of a mobile home and factory-built and modular housing. This term shall not include fences, billboards, poles, pipelines, transmission lines, advertising signs, or similar structures and improvements, or renovation and repairs, which do not generate the need for additional or expanded open space projects upon completion of the new construction.

(b)

[Regulatory fee.]

Subject to the conditions hereinafter set forth, the City of Raleigh, following the adoption of an ordinance or ordinances, shall have the right, power, and authority to impose and collect a regulatory fee defined herein as an open space project fee on all new construction within its City limits and extraterritorial jurisdiction.

(c)

Requirements and limitations.

(1)

No open space project fee shall be enacted until the City Council has caused to be prepared a report containing: (i) a description of the anticipated capital costs to the City of each additional or expanded open space project; (ii) a description of the relevant characteristics of construction which give rise to additional or expanded open space projects; (iii) a plan for providing one or more open space projects has been prepared.

(2)

Before adopting or amending any open space project fee ordinance authorized by this subdivision, the City Council shall hold a public hearing. A notice of the public hearing shall be given so as to conform with G.S. 160A-364, as it may be amended from time to time. No such ordinance shall be adopted or amended without receiving the Planning Commission's recommendation to the City Council. If the Planning Commission shall fail to return a recommendation within sixty (60) days of submittal of an ordinance, the ordinance shall be returned to the City Council and deemed to have a favorable recommendation as submitted to the Planning Commission.

(3)

The amount of each fee imposed and collected hereunder shall be based upon reasonable and uniform considerations of capital costs to be incurred by the City as a result of new construction and shall bear a reasonable relationship to such capital costs. Such fee shall be based upon reasonable classifications and rates which shall be uniformly applied to all members of a class; however, the fees may differ within zones which may be established depending on the special needs and costs of open space projects in such zones. To the extent that the developer acquires and dedicates open space for open space projects for which the use of the fee is designated, which immediately becomes the property of the City, or another unit of government, and which are not otherwise reimbursed by the City, the fee shall be reduced by an amount equal to the value of the open space dedications.

(4)

All monies from fees collected hereunder shall be placed in a separate trust fund. Expenditures from such trust fund shall be matched by an equal sum of money appropriated from non-fee sources and shall be spent for open space projects located in the same zone in which the fees were collected. No expenditures from such trust fund shall be made for any purpose other than an open space project undertaken by the City, or by the City in conjunction with other units of government. Open space project fees shall be spent for those community service facilities authorized by this Section [subparagraph] (82) which the City provides within six years after its collection and within 10 years for those community service facilities authorized by this Section [subparagraph] (82) which the City provides in conjunction with other units of government.

Amendment note: 1985 Session Laws, Ch. 498, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (82). 1987 Session Laws, Ch. 514, §4, amended subparagraph (a)(2) by rewriting the first sentence; and §5 rewrote the first sentence of subparagraph (c)(4).

(83)

[Passage of necessary legislation.]

The City is authorized to enact ordinances, resolutions, rules and regulations that are reasonable, necessary or expedient to carry subdivisions (80), (81) and (82) into execution and effect.

Amendment note: 1985 Session Laws, Ch. 498, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (83).

(84)

[Supplementary nature of (80)(82).]

The powers conferred in subdivisions (80), (81) and (82) shall be supplementary in addition to all other powers and procedures authorized by any other general or local law. Assessments, charges, fees, or rates authorized by any other general or local law shall not be affected by the provisions of this section. Nothing contained in subdivisions (80), (81) and (82) shall be construed to prevent the use of facility fee proceeds to retire debt which was used to fund facility fee eligible project.

Amendment note: 1985 Session Laws, Ch. 498, §2, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (84). 1987 Session Laws, Ch. 514, §1, amended subparagraph (84) by adding the third sentence.

(85)

Cooperation with Federal agencies.

The City may enter into contracts or agreements with any agency or department of the United States Government in order to execute any undertaking. Such contracts or agreements may involve activities carried out to benefit a foreign government but the contract or agreement shall be with an agency or department of the United States Government and shall substantially comply with the requirements for interlocal agreements set out in G.S. 160A-464.

Amendment note: 1991 Session Laws, Ch. 843, §1, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (85). §2 of the act declared the provisions applicable only to contracts or agreements entered into prior to Dec. 1, 1993.

(86)

[Development funds.]

The City Council may, as part of its land development ordinances, provide that in lieu of required street right-of-way improvements, a developer may be required to provide funds that the City may use for the construction of right-of-way improvements to serve the occupants, residents, or invitees of the subdivision or development and these funds may be used for improvements which serve more than one subdivision or development within the area. All funds received by the City pursuant to this paragraph shall be used only for development of right-of-way improvements, including design, land acquisition, and construction. However, the City may undertake these activities in conjunction with the Department of Transportation under an agreement between the City and the North Carolina Department of Transportation. The ordinance may require a combination of partial payment of funds and partial dedication of constructed improvements when the governing body of the City determines that a combination is in the best interest of the citizens of the area to be served.

(S.L. 1949, Ch. 1184, §22; S.L. 1959, Ch. 813, §1; S.L. 1961, Ch. 220, §1; S.L. 1963, Ch. 87, §1; S.L. 1963, Ch. 714, §1; S.L. 1967, Ch. 71, §§1, 2; S.L. 1969, Ch. 383, §2; S.L. 1971, Ch. 1209, §1(a), (b); S.L. 1973, Ch. 319, §§1(g), (h)(1), (2); S.L. 1973, Ch. 850, §1; S.L. 1975, Ch. 537, §1; S.L. 1975, Ch. 561, §§38; S.L. 1979, Ch. 277, §1; S.L. 1981, Ch. 992, §1; S.L. 1981, Ch. 1166, §1; S.L. 1983, Ch. 159, §1; S.L. 1983, Ch. 272, §1; S.L. 1985, Ch. 35, §1; S.L. 1985, Ch. 498, §§1, 2; S.L. 1987, Ch. 365, §1; S.L. 1987, Ch. 514, §§16; S.L. 1989, Ch. 816, §1; S.L. 1991, Ch. 312, §§1, 2; S.L. 1991, Ch. 843, §§1, 2)

Amendment note: 1987 Session Laws, Ch. 514, §6, amended §22 of Ch. 1184 Session Laws 1949 by adding subparagraph (86).