GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

SESSION LAW 2008-7

SENATE BILL 2136

AN ACT to exempt the city of concord from statutory requirements governing public contracting with respect to the construction of certain infrastructure projects.

The General Assembly of North Carolina enacts:

SECTION 1.  The City of Concord may contract for construction of the Speedway Area Infrastructure Projects without being subject to the requirements of G.S. 143-128, 143-129, 143-131, and 143-132 provided that:

(1)       The City Council adopts a resolution approving the exemption of the Speedway Area Infrastructure Projects from the competitive bidding requirements of Article 8 of Chapter 143 of the General Statutes.

(2)       The City Council complies with the minority business participation requirements set forth in Article 8 of Chapter 143 of the General Statutes.

(3)       The City Council conducts an annual independent audit of all contracts for construction work that would otherwise be subject to the competitive bidding requirements of Article 8 of Chapter 143 of the General Statutes.

(4)       The City Council makes public any contracts awarded pursuant to this act.

(5)       The City Council, after awarding a contract pursuant to this act, prepares, places in the public files, and makes available to the public a document setting forth the reasons for using the authority granted by this act to award the contract.

(6)       The Speedway Area Infrastructure Projects comply with all applicable zoning and land use regulations.

SECTION 2.  The City of Concord may contract with public and/or private entities that may design and construct portions of the Speedway Area Infrastructure Projects, provided the City Council finds that:

(1)       The exemption is intended to promote the general welfare rather than the benefit of the individual.

(2)       There is a reasonable basis for the City Council to conclude the granting of the exemption serves the public interest.

SECTION 3.  This act is effective when it becomes law, and expires December 31, 2013. The expiration does not impair any contracts entered into on or before December 31, 2013.

In the General Assembly read three times and ratified this the 23^rd day of June, 2008.

                                                                    s/ Marc Basnight

                                                                         President Pro Tempore of the Senate

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives