GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1039

Short Title:  Water Authority Receive Land.	(Public)
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Sponsors: Representative Barnes.
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Referred to:  Government.
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April 6, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT WATER AND SEWER AUTHORITIES SHALL HAVE THE POWER TO ACQUIRE REAL PROPERTY AND INTERESTS IN REAL PROPERTY IN THE SAME MANNER AND BY THE SAME PROCEDURES, EXCEPT BY EMINENT DOMAIN, AS ARE PROVIDED FOR ACQUISITION OF SUCH PROPERTY BY CITIES AND TOWNS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 162A-6 reads as rewritten:
"§ 162A-6. Powers of authority generally.
Each authority created hereunder shall be deemed to be a public instrumentality exercising public and essential governmental functions to provide for the public health and welfare, and each such authority is, subject to the provisions of G.S. 162A-7, hereby authorized and empowered:
(1) 	To adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) 	To adopt an official seal and alter the same at pleasure;
(3) 	To maintain an office at such place or places as it may designate;
(4) 	To sue and be sued in its own name, plead and be          impleaded;
(5) 	To acquire, lease as lessee or lessor, construct, reconstruct, improve, extend, enlarge, equip, repair, maintain and operate any water system or part thereof or any sewer system or part thereof or any combination thereof within or without the participating political subdivisions or any thereof;
(6) 	To issue revenue bonds of the authority as hereinafter provided to pay the cost of such acquisition, construction, reconstruction, improvement, extension, enlargement or equipment;
(7) 	To issue revenue refunding bonds of the authority as hereinafter provided;
(8) 	To combine any water system and any sewer system as a single  system for the purpose of operation and financing;
(9) 	To fix and revise from time to time and to collect rates, fees and other charges for the use of or for the services and facilities furnished by any system operated by the authority;
(10)	To acquire in the name of the authority by gift, grant, purchase, devise, exchange, lease, acceptance of offers of dedication by plat, or any other lawful method, to the same extent and in the same manner as provided for cities and towns under the provisions of G.S. 160A-240.1 and G.S. 160A-374, or the exercise of the right of eminent domain in accordance with the General Statutes of North Carolina which may be applicable to the exercise of such powers by municipalities or counties, any lands or rights in land or water rights in connection therewith, and to acquire such personal property, as it may deem necessary in connection with the acquisition, construction, reconstruction, improvement, extension, enlargement or operation of any water system or sewer system, and to hold and dispose of all real and personal property under its control; provided, that the taking of water from any stream or reservoir by any authority created under the provisions of this Article shall not vest in the taker any rights by prescription; provided, further, that nothing in this section shall affect rights by prescription, if any, now held by any municipality and which may be later transferred to any authority of which such municipality may become a member;
(11)	To make and enter into all contracts 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, and to employ such consulting and other engineers, superintendents, managers, construction and financial experts, accountants and attorneys, and such employees and agents as may, in the judgment of the authority be deemed necessary, and to fix their compensation; provided, however, that all such expenses shall be payable solely from funds made available under the provisions of this Article;
(12)	To enter into contracts with the government of the United States or any agency or instrumentality thereof, or with any political subdivision, private corporation, copartnership, association or individual providing for the acquisition, construction, reconstruction, improvement, extension, enlargement, operation or maintenance of any water system or sewer system or providing for or relating to the treatment and disposal of sewage or providing for or relating to any water system or the purchase or sale of water;
(13)	To receive and accept from any federal, State or other public agency and any private agency, person or other entity, donations, loans, grants, aid or contributions of any money, property, labor or other things of value for any sewer system or water system, and to agree to apply and use the same in accordance with the terms and conditions under which the same are provided;
(14)	To enter into contract with any political subdivision by which the authority shall assume the payment of the principal of and interest on indebtedness of such subdivision; and
(14a)	To make special assessments against benefited property within the area served or to be served by the authority for the purpose of constructing, reconstructing, extending, or otherwise improving water systems or sanitary collection, treatment, and sewage disposal systems, in the same manner that a county may make special assessments under authority of Chapter 153A, Article 9, except that the language appearing in G.S. 153A-185 reading as follows: ‘A county may not assess property within a city pursuant to subdivision (1) or (2) of this section unless the governing board of the city has by resolution approved the project,' shall not apply to assessments levied by Water and Sewer Authorities established pursuant to Chapter 162A, Article 1, of the General Statutes. For the purposes of this paragraph, references in Chapter 153A, Article 9, to the ‘county,' the ‘board of county commissioners,' ‘the board' or a specific county official or employee are deemed to refer, respectively, to the authority and to the official or employee of the authority who performs most nearly the same duties performed by the specified county official or employee.
Assessment rolls after being confirmed shall be filed for registration in the office of the Register of Deeds of the county in which the property being assessed is located, and the term ‘county tax collector' wherever used in G.S. 153A-195 and 153A-196, shall mean the Executive Director or other administrative officer designated by the authority to perform the functions described in said sections of the statute.
(14b)	To provide for the defense of civil and criminal actions and payment of civil judgments against employees and officers or former employees and officers and members or former members of the governing body as authorized by G.S. 160A-167, as amended.
(14c)	To adopt ordinances to regulate and control the discharge of sewage into any sewerage system owned or operated by the authority. Prior to the adoption of any such ordinance or any amendment to any such ordinance, the authority shall first pass a declaration of intent to adopt such ordinance or amendment. The declaration of intent shall describe the ordinance which it is proposed that the authority adopt. The declaration of intent shall be submitted to each governing body for review and comment. The authority shall consider any comment or suggestions offered by any governing body with respect to the proposed ordinance or amendment. Thereafter, the authority shall be authorized to adopt such ordinance or amendment to it at any time after 60 days following the submission of the declaration of intent to each governing body.
(15)	To do all acts and things necessary or convenient to carry out the powers granted by this Article.
(16)	To purchase real or personal property as provided by G.S. 160A-20, in addition to any other method allowed under this Article."
Sec. 2.  This act shall have no effect upon the provisions of G.S. 162A-7.
Sec. 3.  This act is effective upon ratification, and shall have the effect of validating the acquisition of any property theretofore acquired by any water and sewer authority by any of the methods authorized by this revision of G.S. 162A-6(10) by Section 1 of this act.