Mar 13, 2008

1971 Law Session Exempting Greensboro from Protest Petition

These are North Carolina General Statutes
By following proper procedures and observing Constitutional limitations, the General Assembly can create new law and can destroy old law. The kinds of laws which are enacted may be classified under five general heads:


(3) Laws empowering or directing local governments to act. Cities, counties, and many other types of local governmental units are subject to State control. This control is generally exercised through the General Assembly by laws enabling or directing the local units to act in the manner desired by the State.

THIS IS A OLD LAW THAT NEEDS TO BE FIXED BELOW

NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION
CHAPTER 29
HOUSE BILL 127
AN ACT TO AMEND THE CHARTER OF THE CITY OF GREENSBORO, AS
REVISED AND REORGANIZED BY CHAPTER 1137 OF THE SESSION LAWS
OF 1959, AND AS AMENDED; TO EXEMPT CITY OF GREENSBORO FROM
PROVISIONS OF GENERAL STATUTES RELATING TO ZONING
PETITIONS; AND TO REPEAL CHAPTER 696, SESSION LAWS OF 1969 AS
AMENDED.
Section 1. Section 4.35(c) of the Charter of the City of Greensboro, as set
forth in Section 1, Chapter 1137 of the Session Laws of 1959, is amended, by repealing
the first two sentences contained therein and by substituting in lieu thereof two new
sentences as follows:
"Upon approval of the City Council, the City Manager may provide additional
compensation to auxiliary police and firemen for injuries received in the line of duty for
the City of Greensboro. Otherwise, auxiliary policemen and firemen shall not be entitled
to additional compensation for their services, unless called into active duty by either the
Mayor or City Manager and Chief of Police because of an emergency, in which event
they may receive such compensation for their services as shall be approved by the
Council."
Sec. 2. Section 4.122 of the Charter of the City of Greensboro, as set forth in
Section 1, Chapter 1137 of the Session Laws of 1959, as amended by Section 3 of
Chapter 42, Session Laws of 1965, is amended by striking out the words "five per cent
(5%) appearing in the second sentence and substituting in lieu thereof "ten per cent
(unless otherwise specified by the Council)"; and by striking out the words "five per
cent (5%)" appearing at the end of said second sentence and substituting in lieu thereof
"ten per cent unless otherwise specified by the Council"; and by striking out the words
"five per cent (5%)" as the same appears near the beginning of the third sentence thereof
and by substituting in lieu thereof the word "accordingly".
Sec. 3. Section 5.62(d) of the Charter of the City of Greensboro as set forth
in Section 1, Chapter 1137, Session Laws of 1959, is amended by repealing the words
and figures "authorized by G.S. 160-178," contained in the first sentence thereof.
Sec. 4. Chapter V, Subchapter D, Article 1 of the Charter of the City of
Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended,
is amended by adding the following new section following Section 5.64 as follows:
"Section 5.65. Creation and Duties of Board of Adjustment.
(a) The City Council may provide for the creation and organization of a Board of
Adjustment to which appeals may be taken from the decision of the building inspector
Page 2 S.L. 1971-29 House Bill 127
concerning provisions of the zoning, subdivision, mobile home, and sign ordinances of
the City of Greensboro and any other provisions of the Greensboro Code of Ordinances
in which appeals to the Board of Adjustment may be provided.
(b) The Board shall consist of seven (7) members to serve for three year
overlapping terms. The City Council may fix the duties, procedure for appeals to the
Board and the vote required to reverse the building inspector. The Board of Adjustment
shall have the power to elect its own officers, to fix the times and places for its
meetings, to adopt necessary rules of procedure, and to adopt all other rules and
regulations not inconsistent with the duties conferred by the City Council and which
may be necessary for the proper discharge of its duties; and it shall keep an accurate
record of all its proceedings.
(c) Every decision of the Board shall be subject to review by the Superior Court
of Guilford County by proceedings in the nature of certiorari instituted within fifteen
(15) days of the decision of the Board, but not otherwise."
Sec. 5. Section 6.106 of the Charter of the City of Greensboro, as set forth in
Section 1, Chapter 1137, Session Laws of 1959 is amended by adding a new sentence at
the end thereof as follows:
"If the appraiser appointed by the City Council and the appraiser appointed by the
owner or owners fail to agree upon the appointment of the third appraiser within thirty
(30) days from the date of the adoption of the initial resolution, the City of Greensboro,
through the City Attorney, may apply to the Clerk of Superior Court of Guilford County
for appointment of a third appraiser; and the Clerk of Superior Court of Guilford County
shall have the power to issue an order appointing the third appraiser from which there
shall be no appeal therefrom except for just cause."
Sec. 6. Section 6.144(a)(1) of the Charter of the City of Greensboro, as set
forth in Section 1, Chapter 1137, Session Laws of 1959, is amended by adding a new
sentence at the end thereof as follows:
"Nothing herein contained shall limit the power of the Council to contract with any
property owner for such improvements."
Sec. 7. Section 6.151 of the Charter of the City of Greensboro, as set forth in
Section 1, Chapter 1137, Session Laws of 1959, is amended by repealing the words "of
six per centum per annum" as they appear therein and by substituting in lieu thereof the
words "fixed by general law for interest on assessments levied for public improvements
and shall run".
Sec. 8. Section 6.152 of the Charter of the City of Greensboro, as set forth in
Section 1, Chapter 1137, Session Laws of 1959, is amended by repealing the words "of
six per centum per annum" as the same appears in the second sentence and by
substituting in lieu thereof the words "fixed by general law for interest on assessments
levied for public improvements and shall run".
Sec. 9. All extensions and purported extensions of the corporate limits of the
City of Greensboro are hereby declared to be approved and validated.
Sec. 10. All proceedings of the City Council of the City of Greensboro and
all work performed relative to local improvements, including street paving, sidewalk
construction, water and sanitary sewer construction, including water and sanitary sewer
House Bill 127 S.L. 1971-29 Page 3
mains, lines and laterals, and all work incidental to such local improvements and the
assessments levied and assessed therefor, are hereby in all respects approved and
validated.
Sec. 11. The City of Greensboro is hereby exempted from those provisions
of G.S. 160-176 and G.S. 160-176.1 specifically relating to petitions of protest on
zoning matters (as the same may be recodified under Chapter 160 of the General
Statutes of North Carolina) and said provisions are hereby no longer applicable to the
City of Greensboro; provided, however, the remainder of the provisions of G.S. 160-176
shall remain applicable to the City of Greensboro.
Sec. 12. All laws and clauses of laws in conflict with this act are hereby
repealed.
Sec. 13. This act shall be in full force and effect from and after its
ratification; provided that with respect to Section 1 of this act, said section shall be
applicable from and after 1 July 1970.
In the General Assembly read three times and ratified, this the 25th day of
February, 1971.