North Carolina § 162A-36 - Powers generally; fiscal year.

§ 162A-36. Powers generally; fiscal year.

Each district shall be deemed to be a public body and body politic and corporate, exercising public and essential governmental functions, to provide for the preservation and promotion of the public health and welfare, and said district is hereby authorized and empowered: To adopt bylaws for the regulation of its affairs and the conduct of its business not in conflict with this or other law; To adopt an official seal and alter the same at pleasure; To maintain an office or offices at such place or places in the district as it may designate; To sue and be sued in its own name, plead and be impleaded; To acquire, lease as lessor or lessee, construct, reconstruct, improve, extend, enlarge, equip, repair, maintain and operate any water system or part thereof, and any sewerage system or part thereof, except interceptors, treatment plants and facilities constituting a system operated by a metropolitan sewage district within or without the district; provided, however, that no such water or sewerage system or part thereof, shall be located in any city, town or incorporated village except with the consent of the governing body thereof, and each such governing body is hereby authorized to grant such consent; To issue general obligation bonds and revenue bonds of the district as hereinafter provided, to pay the costs of a water or sewerage system or systems; To issue general obligation refunding bonds and revenue refunding bonds of the district as hereinafter provided; To pledge a security interest in accordance with G.S. 160A-20; To fix and revise from time to time and to collect rents, rates, fees and other charges for the use of the services and facilities furnished by any water or sewerage system; To impose and require system development fees only in accordance with Article 8 of this Chapter. To cause taxes to be levied and collected upon all taxable property within the district sufficient to meet the obligations of the district, to pay the costs of maintaining, repairing and operating any water or sewerage system or systems, and to pay all obligations incurred by the district in the performance of its legal undertakings and functions; To acquire in the name of the district, either within or without the corporate limits of the district, by gift, purchase, lease or the exercise of the right of eminent domain, which right shall be exercised in accordance with the provisions of Chapter 40A of the General Statutes, any improved or unimproved lands or rights in lands, and to acquire by lease or purchase such personal property as it may deem necessary in connection with the acquisition, construction, reconstruction, improvement, extension, enlargement, repair, equipment, maintenance or operation of any water or sewerage system or systems, and to hold and dispose of real and personal property under its control; To make and enter into all contracts, leases and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Article, including a trust agreement or trust agreements securing any revenue bonds issued hereunder; To employ such consulting and other engineers, superintendents, managers, construction and financial experts, accountants, attorneys, employees and agents as may, in the judgment of the district board, be deemed necessary, and to fix their compensation; provided, however, that the provisions of G.S. 159-20 shall be complied with to the extent that the same shall be applicable; To receive and accept from the United States of America or the State of North Carolina, or any agency or instrumentality thereof loans, grants, advances or contributions for or in aid of the planning, acquisition, construction, reconstruction, improvement, extension, enlargement, repair, equipment, maintenance or operation of any water or sewerage system or systems, to agree to such reasonable conditions or requirements as may be imposed, and to receive and accept contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes of which such loans, grants, advances or contributions may be made; To negotiate and pay close-out costs involved in the acquisition or lease of existing water supply or sewerage systems; To determine the extent to which local water distribution system and local sewerage system improvements will be financed out of district revenues and to contract with other political subdivisions for construction of facilities to be jointly financed and whose title would be vested in the district; To lease from any city or town or any other municipal corporation, or from any water or sewage district, any water or sewerage system or portions thereof upon such terms and conditions and for such considerations as may to the district board be deemed fair and reasonable; The metropolitan water district is authorized and empowered, through its district board, officers, agents and employees, to cause any user of water who shall fail to pay promptly his water rent or use bill for any month to be cut off, and his right to further use of water from said district to be discontinued until payment of any water rent or use arrearages; To do all acts and things necessary or convenient to carry out the powers granted by this Article. Each metropolitan water district shall publish an annual financial report and its books shall be open for public inspection. (b) (1) Each metropolitan water district shall publish an annual financial report and its books shall be open for public inspection. Each district shall keep its accounts on the basis of a fiscal year commencing on the first day of July and ending on the thirtieth day of June of the following year. District revenues shall be used solely for the operation, improvement or benefit of the district's water and sewerage systems and the leasing of any portion thereof and to pay the principal and interest on bonds issued by the district. Said revenues shall not be used for the payment of interest or amortization of any utility bonds previously issued by any city, town or water or sewerage district. A district may provide water to a city or county or portion thereof within the district for governmental purposes without charge or at reduced rates. History (1971, c. 815, s. 6; 1981, c. 919, s. 31; 2015-207, s. 5(b); 2017-138, s. 6(a).) Editor's Note. - The reference in subsection (a)(12) of this section to G.S. 159-20 is to that section in Chapter 159 before its revisions by Session Laws 1971, c. 780. For similar provisions, see now G.S. 159-131. The semicolon at the end of subdivision (a)(7a) was substituted for a period at the direction of the Revisor of Statutes. Session Laws 2017-138, s. 11, made subdivision (a)(8a), as added by Session Laws 2017-138, s. 6(a), effective October 1, 2017, and applicable to system development fees imposed on or after that date. Session Laws 2017-138, s. 11, further provides: "Nothing in this act provides retroactive authority for any system development fee, or any similar fee for water or sewer services to be furnished, collected by a local governmental unit prior to October 1, 2017." Effect of Amendments. - Session Laws 2015-207, s. 5(b), effective August 11, 2015, added subdivision (a)(7a). Session Laws 2017-138, s. 6(a), added subdivision (a)(8a). For effective date and applicability, see editor's note.