AN ACT to allow the city of southport to assess benefited property for UNDERGROUNDING utilities.

The General Assembly of North Carolina enacts:

SECTION 1.  The Charter of the City of Southport, being Chapter 659 of the 1983 Session laws, is amended by adding a new Article to read:
"ARTICLE X. SPECIAL ASSESSMENT AUTHORITY FOR PLACEMENT OF UTILITIES UNDERGROUND.
"Sec. 10.1. Special Assessment Authority for Placement of Utilities Underground. In addition to the assessment authority provided in G.S. 160A‑216, the Board of Aldermen may make special assessments against benefited property within the corporate limits for placing utility lines underground. For the purpose of this section, utility lines include electrical distribution, telephone, and cable television lines. Any assessments made under this section shall be made in accordance with the procedural requirements of Article 10 of Chapter 160A of the General Statutes.
Sec. 10.2. Obligation of Utility. A utility shall have no obligation to place its lines underground pursuant to this section unless and until it receives payment for its costs to do so."
SECTION 2.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 13th day of July, 2004.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives