Section 160A-239.4 - Funding a project for which an assessment is imposed(a) Funding Sources. - In addition to funding from sources otherwise authorized for use by a city in connection with a project, a city council may provide for the payment of all or a portion of the cost of a project for which an assessment may be imposed under this Article from one or more funding sources listed in this subsection. The assessment resolution must include the estimated cost of the project to be funded from assessments and the amount of the cost estimated to be derived from each respective funding source. (1) Revenue bonds issued under G.S. 160A-239.6.(2) Project development financing debt instruments issued under the North Carolina Project Development Financing Act, Article 6 of Chapter 159 of the General Statutes.(3) General obligation bonds issued under the Local Government Bond Act, Article 4 of Chapter 159 of the General Statutes.(5) Funds from private parties.(b) Assessments Pledged. - An assessment imposed under this Article may be pledged to secure revenue bonds under G.S. 160A-239.6 or as additional security for a project development financing debt instrument under G.S. 159-111. If an assessment imposed under this Article is pledged to secure financing, the city council must covenant to enforce the payment of the assessments.(c) Reimbursement From Assessments. - If a city contracts with a private party to construct a project on behalf of the city as provided in G.S. 160A-239.7, the city council may agree to impose one or more assessments pursuant to this Article in order to reimburse the private party for actual costs incurred by the private party related to the project and documented to the city. The city council shall not be obligated to reimburse a private party any amount in excess of assessment revenues actually collected less the city's related administrative costs. A reimbursement shall not include reimbursement to the private party for any interest costs, whether actual or imputed, of the funds invested by the private party in the project except in the event that an abeyance in the collection of assessments is permitted pursuant to G.S. 160A-239.5. If an abeyance in the collection of assessments is permitted, the amount to be reimbursed may include an inflationary factor applicable for the period of the abeyance.
(d) Performance Bond. - A subdivision control ordinance adopted by a city under G.S. 160D-804 providing for a performance bond or guarantee to assure successful completion of required improvements under G.S. 160D-804.1 will apply to a project funded in whole or in part by an assessment under this Article.N.C. Gen. Stat. § 160A-239.4
Amended by 2022 N.C. Sess. Laws 62,s. 48, eff. 7/8/2022.Amended by 2017 N.C. Sess. Laws 40,s. 2, eff. 6/21/2017.Amended by 2010 N.C. Sess. Laws 95,s. 40, eff. 7/17/2010.Amended by 2009 N.C. Sess. Laws 525,s. 2.(b), eff. 8/26/2009.Added by 2008 N.C. Sess. Laws 165,s. 3, eff. 8/3/2008. See 2013 N.C. Sess. Laws 371, s. 3.