§ 159-81. Definitions. - North Carolina Statutes

§ 159‑81.  Definitions.

The words and phrases definedin this section shall have the meanings indicated when used in this Article:

(1)        "Municipality"means a county, city, town, incorporated village, sanitary district,metropolitan sewerage district, metropolitan water district, county water andsewer district, water and sewer authority, hospital authority, hospitaldistrict, parking authority, special airport district, special district createdunder Article 43 of Chapter 105 of the General Statutes, regional publictransportation authority, regional transportation authority, regional naturalgas district, regional sports authority, airport authority, joint agencycreated pursuant to Part 1 of Article 20 of Chapter 160A of the GeneralStatutes, a joint agency authorized by agreement between two cities to operatean airport pursuant to G.S. 63‑56, and the North Carolina TurnpikeAuthority created pursuant to Article 6H of Chapter 136 of the GeneralStatutes, but not any other forms of State or local government.

(2)        "Revenuebond" means a bond issued by the State of North Carolina or a municipalitypursuant to this Article.

(3)        "Revenue bondproject" means any undertaking for the acquisition, construction,reconstruction, improvement, enlargement, betterment, or extension of any oneor combination of the revenue‑producing utility or public serviceenterprise facilities or systems listed in this subdivision, to be financedthrough the issuance of revenue bonds, thereby providing funds to pay the costsof the undertaking or to reimburse funds loaned or advanced by or on the behalfof either the State or a municipality to pay the costs of the undertaking.

            Arevenue bond project shall be (i) owned or leased as lessee by the issuing unitor (ii) owned by one or more of the municipalities participating in anundertaking established pursuant to Part 1 of Article 20 of Chapter 160A of theGeneral Statutes. If the revenue bond project is owned by one or moremunicipalities as provided in (ii) of this subdivision, any one or more of theparticipating municipalities may each be an issuing unit consistent with theiragreement to establish a joint undertaking. In addition, any joint agencyestablished by participating municipalities pursuant to Part 1 of Article 20 ofChapter 160A of the General Statutes may be an issuing unit without owning therevenue bond project or leasing it as lessee.

Thecost of an undertaking may include all property, both real and personal andimproved and unimproved, plants, works, appurtenances, machinery, equipment,easements, water rights, air rights, franchises, and licenses used or useful inconnection with the undertaking; the cost of demolishing or moving structuresfrom land acquired and the cost of acquiring any lands to which the structuresare to be moved; financing charges; the cost of plans, specifications, surveys,and estimates of cost and revenues; administrative and legal expenses; and anyother expense necessary or incident to the project.

Thefollowing facilities or systems may be revenue bond projects under thissubdivision:

a.         Water systems orfacilities, including all plants, works, instrumentalities and properties usedor useful in obtaining, conserving, treating, and distributing water fordomestic or industrial use, irrigation, sanitation, fire protection, or anyother public or private use.

b.         Sewage disposalsystems or facilities, including all plants, works, instrumentalities, andproperties used or useful in the collection, treatment, purification, ordisposal of sewage.

c.         Systems orfacilities for the generation, production, transmission, or distribution of gas(natural, artificial, or mixed) or electric energy for lighting, heating, orpower for public and private uses, where gas systems shall include the purchaseand/or lease of natural gas fields and natural gas reserves and the purchase ofnatural gas supplies, and where any parts of such gas systems may be locatedeither within the State or without.

d.         Systems, facilitiesand equipment for the collection, treatment, or disposal of solid waste.

e.         Publictransportation systems, facilities, or equipment, including but not limited tobus, truck, ferry, and railroad terminals, depots, trackages, vehicles, andferries, and mass transit systems.

f.          Public parkinglots, areas, garages, and other vehicular parking structures and facilities.

g.         Aeronauticalfacilities, including but not limited to airports, terminals, and hangars.

h.         Marine facilities,including but not limited to marinas, basins, docks, dry docks, piers, marinerailways, wharves, harbors, warehouses, and terminals.

i.          Hospitals and otherhealth‑related facilities.

j.          Public auditoriums,gymnasiums, stadiums, and convention centers.

k.         Recreationalfacilities.

l.          Repealed by SessionLaws 2001‑474, s. 36, effective November 29, 2001.

m.        Economic developmentprojects, including the acquisition and development of industrial parks, theacquisition and resale of land suitable for industrial or commercial purposes,and the construction and lease or sale of shell buildings in order to provideemployment opportunities for citizens of the municipality.

n.         Facilities for theuse of any agency or agencies of the government of the United States ofAmerica.

o.         Structural andnatural stormwater and drainage systems of all types.

p.         In the case of theNorth Carolina Turnpike Authority, a Turnpike Project, as defined in G.S. 136‑89.181,including the planning and design of a Turnpike Project, that is designated bythe Authority to be a revenue bond project.

(4)        "Revenues"include all moneys received by the State or a municipality from, in connectionwith, or as a result of its ownership or operation of a revenue bond project ora utility or public service enterprise facility or system of which a revenuebond project is a part, including (to the extent deemed advisable by the Stateor a municipality) moneys received from the United States of America, the Stateof North Carolina, or any agency of either, pursuant to an agreement with theState or a municipality, as the case may be, pertaining to the project.  (Ex. Sess. 1938, c. 2, s. 2;1939, c. 295; 1941, c. 207, s. 2; 1951, c. 703, s. 1; 1953, c. 901, ss. 4, 5;c. 922, s. 1; 1965, c. 997; 1969, c. 1118, s. 1; 1971, c. 780, s. 1; 1973, c.494, s. 15; 1975, c. 821, s. 2; 1977, c. 466, s. 3; 1979, c. 727, s. 4; c. 791;1983, c. 554, ss. 2‑2.2; 1985, c. 639, s. 3; 1987 (Reg. Sess., 1988), c.976, s. 1; 1989, c. 168, ss. 37, 38; c. 643, s. 4; c. 740, s. 2; c. 780, s. 2;1991, c. 508, s. 1; 1995 (Reg. Sess., 1996), c. 644, s. 3; 1997‑393, s.3; 1997‑426, s. 6; 2001‑414, s. 48; 2001‑474, ss. 36, 37;2002‑133, ss. 6, 7; 2009‑527, s. 2(e).)