North Carolina § 160A-475 - Specific powers of council.

§ 160A-475. Specific powers of council.

The charter may confer on the regional council any of the following powers: To apply for, accept, receive, and dispense funds and grants made available to it by the State of North Carolina or any agency thereof, the United States of America or any agency thereof, any unit of local government (whether or not a member of the council), and any private or civic agency. To employ personnel. To contract with consultants. To contract with the State of North Carolina, any other state, the United States of America, or any agency thereof, for services. To study regional governmental problems, including matters affecting health, safety, welfare, education, recreation, economic conditions, regional planning, and regional development. To promote cooperative arrangements and coordinated action among its member governments. To make recommendations for review and action to its member governments and other public agencies which perform functions within the region in which its member governments are located. For the purpose of meeting the regional council's office space and program needs, to acquire real property by purchase, gift, or otherwise, and to improve that property. The regional council may pledge real property as security for indebtedness used to finance acquisition of that property or for improvements to that real property, subject to approval by the Local Government Commission as required under G.S. 159-153. A regional council may not exercise the power of eminent domain. To carry out the powers, duties, and responsibilities granted pursuant to Chapter 157 of the General Statutes except the power of eminent domain. This subdivision does not apply to cities with a population of greater than 250,000 according to the latest federal decennial census. (See Editor's Note) Any other powers that are exercised or capable of exercise by its member governments and desirable for dealing with problems of mutual concern to the extent such powers are specifically delegated to it from time to time by resolution of the governing board of each of its member governments which are affected thereby, provided, that no regional council of governments shall have the authority to construct or purchase buildings, or acquire title to real property, except for the purposes permitted under subdivision (7a) of this section or in order to exercise the authority granted by Chapter 260 of the Session Laws of 1979. (See Editor's Note) Any other powers that are exercised or capable of exercise by its member governments and desirable for dealing with problems of mutual concern to the extent such powers are specifically delegated to it from time to time by resolution of the governing board of each of its member governments which are affected thereby, provided, that no regional council of governments shall have the authority to construct or purchase buildings, or acquire title to real property, except for the purposes permitted under subdivision (7a) of this section or in order to exercise the authority granted by Chapter 260 of the Session Laws of 1979, or the powers, duties, and responsibilities granted to the regional council pursuant to Chapter 157 of the General Statutes. Nothing in this subdivision permits a regional council to exercise the power of eminent domain. This subdivision does not apply to cities with a population of greater than 250,000 according to the latest federal decennial census. History (1971, c. 698, s. 1; 1975, c. 517, ss. 1, 2; 1979, c. 902; 2005-290, s. 1; 2006-211, s. 1; 2017-178, ss. 2, 3.) Editor's Note. - Session Laws 2009-451, s. 14.21(e), provides: "By September 1 of each year, and more frequently as requested, each council of government or lead regional organization shall report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division of the General Assembly on prior State fiscal year program activities, objectives, and accomplishments, and prior State fiscal year itemized expenditures and fund sources. Each council of government or lead regional organization shall provide to the Fiscal Research Division of the General Assembly a copy of the organization's annual audited financial statement within 30 days of issuance of the statement." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'."' Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium."' Session Laws 2009-451, s. 28.5, is a severability clause. Session Laws 2011-145, s. 14.12A(e), provides: "By September 1 of each year, and more frequently as requested, each council of government or lead regional organization shall report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division of the General Assembly on prior State fiscal year program activities, objectives, and accomplishments and prior State fiscal year itemized expenditures and fund sources. Each council of government or lead regional organization shall provide to the Fiscal Research Division of the General Assembly a copy of the organization's annual audited financial statement within 30 days of issuance of the statement." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the "Current Operations and Capital Improvements Appropriations Act of 2011." Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Subdivision (8), as amended by Session Laws 2017-176, s. 2, was recodified as subdivision (9) at the direction of the Revisor of Statutes, because it does not apply to cities with a population of greater than 250,000. Session Laws 2017-178, s. 3 was codified as the last sentence in subdivisions (7a) and (9), and "This subdivision" was substituted for "This act" therein, at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2005-290, s. 1, effective August 22, 2005, made minor punctuation changes throughout the section; added subdivision (7a); and inserted "for the purposes permitted under subdivision (7a) of this section or" near the end of subdivision (8). Session Laws 2006-211, s. 1, effective August 8, 2006, added the second sentence in subdivision (7a). Session Laws 2017-178, s. 2, effective July 25, 2017, added subdivision (7b); added "or the powers, duties, and responsibilities granted to the regional council pursuant to Chapter 157 of the General Statutes. Nothing in this subdivision permits a regional council to exercise the power of eminent domain" at the end of subdivision (9) and made a related stylistic change. Legal Periodicals. - For survey of 1978 administrative law, see 57 N.C.L. Rev. 831 (1979). For note on the expansion of standing in North Carolina taxpayers' actions, see 15 Wake Forest L. Rev. 126 (1979).