AN ACT concerning public‑private reimbursement agreements for park infrastructure development by mecklenburg county and public‑private reimbursement agreements for infrastructure development by the city of charlotte.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  A county may enter into reimbursement agreements with private property owners for the design and construction of park infrastructure or parks that: (i) are included in the county's Parks Master Plan; (ii) are located on property that is adjacent to or in close proximity to other property owned by the private property owner or its affiliates; and (iii) are located on the property owned by the private property owner that is to be leased or transferred to the county.
SECTION 1.(b)  A county may provide for the reimbursements to be paid from any lawful source over any period of time, including making payments that include a premium for delayed reimbursement.  A county may also exchange real property owned by the county under the provisions of G.S. 160A‑271 as part of the reimbursement, or in full or partial payment for a lease, or in connection with the exchange for the real property owned by the private property owner that is developed or to be developed for park purposes.
SECTION 1.(c)  No construction performed by a private property owner as part of a reimbursement agreement authorized by this act shall be deemed to be construction subject to the provisions of Article 8 of Chapter 143 of the General Statutes, and no reimbursement agreement authorized by this act shall be deemed to be subject to the provisions of Article 8 of Chapter 159 of the General Statutes, and neither shall be deemed to be a violation or evasion of any provision of either of these Articles.  Notwithstanding the foregoing provisions of this section, a construction contract subject to a reimbursement agreement authorized by this act shall not be awarded by a private property owner who is a party to the reimbursement agreement without complying with the requirements of G.S. 143‑129 relating specifically to public advertising and bid opening requirements that would be applicable if the construction contract had been awarded by the county.
SECTION 1.(d)  This section applies to Mecklenburg County only.
SECTION 2.(a)  Section 3 of S.L. 2001‑329 reads as rewritten:
"SECTION 3.  A city may provide for such reimbursements to be paid from any lawful source over any period of time, including making payments that include a premium for delayed reimbursement."
SECTION 2.(b)  Section 4 of S.L. 2001‑329 reads as rewritten:
"SECTION 4.  No construction performed by a private developer or property owner as part of a reimbursement agreement authorized by this act shall be deemed to be construction subject to the provisions of Article 8 of Chapter 143 of the General Statutes, and no reimbursement agreement authorized by this act shall be deemed to be subject to the provisions of Article 8 of Chapter 159 of the General Statutes, and neither shall be deemed to be a violation or evasion of any provision of either of these Articles. Notwithstanding the foregoing provisions of this section, a construction contract subject to a reimbursement agreement authorized by this act shall not be awarded by a developer or property owner who is a party to such reimbursement agreement without complying with the requirements of G.S. 143‑129 relating to public advertising and bid opening requirements which would be applicable if the construction contract had been awarded by the city."
SECTION 2.(c)  This section applies to the City of Charlotte only.
SECTION 3.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 24th day of June, 2009.

	s/	 Walter H. Dalton
	 President of the Senate

	s/	 Joe Hackney
	 Speaker of the House of Representatives