North Carolina § 159-64 - Within what time bonds may be issued.

§ 159-64. Within what time bonds may be issued.

Bonds may be issued under a bond order at any time within seven years after the bond order takes effect. Such period may be extended prior to the expiration of such period from seven years to 10 years as hereinafter provided. The board of the issuing unit shall file an application for Commission approval of such extension with the secretary of the Commission. The application shall state such facts and have attached to it such documents concerning such extension as the secretary may require. The Commission may prescribe the form of such application. In determining whether to approve such extension, the Commission may inquire into and give consideration to any matters which it believes may relate to such extension. The Commission may enter an order approving a proposed extension of the maximum time period for issuing bonds under a bond order from seven to 10 years if, upon the basis of the information and evidence it receives, it finds and determines that governmental approvals relative to the purpose to be financed in whole or in part with the proceeds of the bonds cannot be obtained within seven years after the bond order has taken effect, that funds to be applied together with the proceeds of the bonds to finance the purpose for which the bonds are to be issued will not be available within seven years after the bond order has taken effect or that the proposed extension is necessary for other reasons that are not within the direct control of the issuing unit other than any order of any court. If the Commission enters an order denying such extension, then the proceedings under this section shall be at an end. If the Commission enters an order approving a proposed extension of the maximum time period for issuing bonds under a bond order as provided in this section, then the board shall fix the time and place for a public hearing on such extension and the clerk shall publish such bond order once with the following statement appended: "The foregoing order took effect on ____________, ____________. Anyone who wishes to be heard on the question of whether the maximum time period for issuing bonds under such order should be extended from seven years to 10 years after such date may appear at a public hearing or an adjournment thereof to be held at _______________________________________________________ (time) on ____________ at ____________ (date) (place) ________________________________ Clerk" On the date fixed for such hearing, which shall be not earlier than six days after the date of publication of the bond order with appended statement as provided in this section, the board shall hear anyone who might wish to be heard on the question of whether the maximum time period for issuing bonds under the bond order should be extended from seven years to 10 years. The hearing may be adjourned from time to time. After such hearing, the board may adopt an order providing that the maximum time period for issuing bonds under the bond order has been extended from seven to 10 years after the bond order has taken effect. Such order shall provide that it will take effect 30 days after its publication following adoption. After adoption, the clerk shall publish once an order extending the maximum time period for issuing bonds under a bond order with the following statement appended: "The foregoing order was adopted on the ________ day of ____________, ____________, and is hereby published this ________ day of ____________, ________. Any action or proceeding questioning the validity of such order must be begun within 30 days after the date of publication of this notice. ________________________________ Clerk" Any action or proceeding in any court to set aside an order extending the maximum time period for issuing bonds under a bond order, or to obtain any other relief, upon the ground that such order is invalid, must be begun within 30 days after the date of publication of such order as adopted. After the expiration of this period of limitation, no right of action or defense based upon the invalidity of such order shall be asserted nor shall the validity of such order be open to question in any court upon any ground whatever, except in an action or proceeding begun within the period of limitation prescribed in this section. When the issuance of bonds under any bond order is prevented or prohibited by any order of any court, the period of time within which bonds may be issued under the bond order in litigation shall be extended by the length of time elapsing between the date of institution of the action or proceeding and the date of its final disposition. When the issuance of bonds under any bond order, to finance public improvements in an area to be annexed, is prevented or prohibited by reason of litigation respecting the annexation and the Local Government Commission shall certify to such effect, the period of time within which bonds may be issued under the bond order shall be extended by the length of time elapsing between the date of institution of the litigation and the date of its final disposition. The General Assembly may at any time prior to the expiration of the maximum time period herein provided extend the time for issuing bonds under bond orders. When any such extension is effected or granted pursuant to this section, no further approval of the voters shall be required. History (1917, c. 138, s. 24; 1919, c. 178, s. 3(24); C.S., s. 2950; 1921, c. 8, s. 1; Ex. Sess. 1921, c. 106, s. 1; 1927, c. 81; s. 32; 1939, c. 231, ss. 1, 2(d); 1947, c. 510, ss. 1, 2; 1949, c. 190, ss. 1, 2; 1951, c. 439, ss. 1, 2; 1953, c. 693, ss. 1, 3; 1955, c. 704, ss. 1, 2; 1969, c. 99; 1971, c. 780, s. 1; 1975, c. 545, s. 1; 1977, 2nd Sess., c. 1219, s. 36; 1979, c. 444, s. 1.) Editor's Note. - Session Laws 1975, c. 545, s. 1, amended this section by substituting "seven years" for "five years" in the first sentence. Section 2 of the 1975 amendatory act provided: "The provisions of this act shall apply to bonds authorized by bond orders which took effect from January 1, 1971, through the effective date of this act [June 11, 1975] or which take effect hereafter." Session Laws 1975, c. 26, s. 1, amended this section by substituting "seven years" for "five years" in the first sentence. Session Laws 1975, c. 26, s. 2, provided that the act would apply only to bonds authorized during the period Jan. 1, 1970, through Dec. 31, 1970. Session Laws 1975, c. 546, s. 1, amended this section by substituting "eight years" for "five years" in the first sentence. Session Laws 1975, c. 546, s. 2, provided that the act would apply only to bonds authorized during the period commencing March 1, 1968, and ending Dec. 31, 1969. Session Laws 1987 (Reg. Sess., 1988), c. 1027, effective June 30, 1988, and applicable only to bonds authorized during the period January 1, 1981, through December 31, 1981, amended the first sentence of this section to read as follows: "Bonds may be issued under a bond order at any time within ten years after the bond order takes effect." Section 3 of c. 1027 provided that all laws in conflict with the provisions of the act would be repealed. Session Laws 1991 (Reg. Sess., 1992), c. 987, s. 1 provides: "All proceedings taken in 1991 by the governing board of any unit of local government in connection with the extension of the period during which bonds may be issued pursuant to G.S. 159-64 are ratified, approved, confirmed, and in all respects validated if the governing board has adopted an order providing for the extension after a public hearing on the extension before the expiration of the period to be extended."