§ 162A-14. Conveyances and contracts between political subdivisions and authority. - North Carolina Statutes

§ 162A‑14. Conveyances and contracts between political subdivisions and authority.

The governing body of any political subdivision is hereby authorizedand empowered:

(1)        Pursuant to the provisions of G.S. 160A‑274 andsubject to the approval of the Local Government Commission, except for actiontaken hereunder by any State agency, to transfer jurisdiction over, and tolease, lend, grant or convey to an authority upon the request of the authority,upon such terms and conditions as the governing body of such politicalsubdivision may agree with the authority as reasonable and fair, the whole orany part of any existing water system or sewer system or such real or personalproperty as may be necessary or desirable in connection with the acquisition,construction, reconstruction, improvement, extension, enlargement, equipment,repair, maintenance or operation of any water system or sewer system or partthereof by the authority, including public roads and other property alreadydevoted to public use;

(2)        To make and enter into contracts or agreements with anauthority, upon such terms and conditions and for such periods as are agreed toby the governing body of such political subdivision and the authority;

a.         For the collection, treatment or disposal of sewage by theauthority or for the purchase of a supply of water from the authority;

b.         For the collecting by such political subdivision or by theauthority of fees, rates or charges for water furnished to such politicalsubdivision or to its inhabitants and for the services and facilities renderedto such political subdivision or to its inhabitants by any water system orsewer system of the authority, and for the enforcement of delinquent chargesfor such water, services and facilities;

c.         For shutting off the supply of water furnished by any watersystem owned or operated by such political subdivision in the event that theowner, tenant or occupant of any premises utilizing such water shall fail topay any rates, fees or charges for the use of or for the services furnished byany sewer system of the authority, within the time or times specified in suchcontract; and

d.         For requiring the owners of developed property on whichthere are situated one or more residential dwelling units or commercialestablishments located within the corporate limits of the political subdivisionand located within a reasonable distance of any waterline or sewer connectionline owned, leased as lessee, or operated by the authority to connect to theline and collecting, on behalf of the authority, charges for the connectionsand requiring, as a condition to the issuance of any development permit orbuilding permit by the political subdivision, evidence that any impact fee bythe authority has been paid by or on behalf of the applicant for the permit.

(3)        To fix, and revise from time to time, rates, fees and othercharges for water and for the services furnished or to be furnished by anywater system or sewer system of the authority, or parts thereof, under anycontract between the authority and such political subdivision, and to pledgeall or any part of the proceeds of such rates, fees and charges to the paymentof any obligation of such political subdivision under such contract; and

(4)        In its discretion, to submit to the qualified electors underthe election laws applicable to such political subdivision any contract oragreement which such governing body is authorized to make and enter into withthe authority under the provisions of this Article. (1955, c. 1195, s. 13; 1971, c. 892, s. 1; 1975, c.224, ss. 5, 6; 1995, c. 511, s. 2.)