State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-6

§ 162A‑6.  Powers of authority generally.

(a)        Each authority created hereunder shall be deemed to be apublic instrumentality exercising public and essential governmental functionsto provide for the public health and welfare, and each authority is authorizedand empowered:

(1)        To adopt bylaws for the regulation of its affairs and theconduct 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 maydesignate;

(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 anywater system or part thereof or any sewer system or part thereof or any combinationthereof within or without the participating political subdivisions or anythereof;

(6)        To issue revenue bonds of the authority as hereinafterprovided to pay the cost of such acquisition, construction, reconstruction,improvement, extension, enlargement or equipment;

(7)        To issue revenue refunding bonds of the authority ashereinafter provided;

(8)        To combine any water system and any sewer system as a singlesystem 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 facilitiesfurnished 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 asprovided for cities and towns under the provisions of G.S. 160A‑240.1 andG.S. 160A‑374, or the exercise of the right of eminent domain inaccordance with the General Statutes of North Carolina which may be applicableto the exercise of such powers by municipalities or counties, any lands orrights in land or water rights in connection therewith, and to acquire suchpersonal property, as it may deem necessary in connection with the acquisition,construction, reconstruction, improvement, extension, enlargement or operationof any water system or sewer system, and to hold and dispose of all real andpersonal property under its control; provided, that the taking of water fromany stream or reservoir by any authority created under the provisions of thisArticle shall not vest in the taker any rights by prescription; provided,further, that nothing in this section shall affect rights by prescription, ifany, now held by any municipality and which may be later transferred to anyauthority of which such municipality may become a member;

(11)      To make and enter into all contracts and agreements necessaryor incidental to the performance of its duties and the execution of its powersunder this Article, including a trust agreement or trust agreements securingany revenue bonds issued hereunder, and to employ such consulting and otherengineers, superintendents, managers, construction and financial experts,accountants and attorneys, and such employees and agents as may, in thejudgment of the authority be deemed necessary, and to fix their compensation;provided, however, that all such expenses shall be payable solely from fundsmade available under the provisions of this Article;

(12)      To enter into contracts with the government of the UnitedStates or any agency or instrumentality thereof, or with any politicalsubdivision, private corporation, copartnership, association or individualproviding for the acquisition, construction, reconstruction, improvement,extension, enlargement, operation or maintenance of any water system or sewersystem or providing for or relating to the treatment and disposal of sewage orproviding 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 publicagency and any private agency, person or other entity, donations, loans,grants, aid or contributions of any money, property, labor or other things ofvalue for any sewer system or water system, and to agree to apply and use thesame in accordance with the terms and conditions under which the same areprovided;

(14)      To enter into contract with any political subdivision bywhich the authority shall assume the payment of the principal of and intereston indebtedness of such subdivision; and

(14a)    To make special assessments against benefited property withinthe area served or to be served by the authority for the purpose ofconstructing, reconstructing, extending, or otherwise improving water systemsor sanitary collection, treatment, and sewage disposal systems, in the samemanner that a county may make special assessments under authority of Chapter153A, Article 9, except that the language appearing in G.S. 153A‑185reading as follows: "A county may not assess property within a citypursuant to subdivision (1) or (2) of this section unless the governing boardof the city has by resolution approved the project," shall not apply toassessments levied by Water and Sewer Authorities established pursuant toChapter 162A, Article 1, of the General Statutes. For the purposes of thisparagraph, references in Chapter 153A, Article 9, to the "county,"the "board of county commissioners," "the board" or a specificcounty official or employee are deemed to refer, respectively, to the authorityand to the official or employee of the authority who performs most nearly thesame duties performed by the specified county official or employee.

Assessment rolls after being confirmed shall be filedfor registration in the office of the Register of Deeds of the county in whichthe property being assessed is located, and the term "county taxcollector" wherever used in G.S. 153A‑195 and G.S. 153A‑196,shall mean the Executive Director or other administrative officer designated bythe authority to perform the functions described in said sections of thestatute.

(14b)    To provide for the defense of civil and criminal actions andpayment of civil judgments against employees and officers or former employees andofficers and members or former members of the governing body as authorized byG.S. 160A‑167, as amended.

(14c)    To adopt ordinances to regulate and control the discharge ofsewage or stormwater into any sewerage system owned or operated by theauthority, to adopt ordinances concerning stormwater management programsdesigned to protect water quality by controlling the level of pollutants in andthe quantity and flow of stormwater, and to adopt ordinances to regulate andcontrol structural and natural stormwater and drainage systems of all types.Prior to the adoption of any such ordinance or any amendment to any suchordinance, the authority shall first pass a declaration of intent to adopt suchordinance or amendment. The declaration of intent shall describe the ordinancewhich it is proposed that the authority adopt. The declaration of intent shallbe submitted to each governing body for review and comment. The authority shallconsider any comment or suggestions offered by any governing body with respectto the proposed ordinance or amendment. Thereafter, the authority shall beauthorized to adopt such ordinance or amendment to it at any time after 60 daysfollowing the submission of the declaration of intent to each governing body.

(14d)    To require the owners of developed property on which there aresituated one or more residential dwelling units or commercial establishmentslocated within the jurisdiction of the authority and within a reasonabledistance of any waterline or sewer collection line owned, leased as lessee, oroperated by the authority to connect the property with the waterline, sewerconnection line, or both and fix charges for the connections. The power grantedby this subdivision may be exercised by an authority only to the extent thatthe service, whether water, sewer, or a combination thereof, to be provided bythe authority is not then being provided to the improved property by any otherpolitical subdivision or by a public utility regulated by the North CarolinaUtilities Commission pursuant to Chapter 62 of the General Statutes. In thecase of improved property that would qualify for the issuance of a buildingpermit for the construction of one or more residential dwelling units orcommercial establishments and where the authority has installed water or sewerlines or a combination thereof directly available to the property, theauthority may require payment of a periodic availability charge, not to exceedthe minimum periodic service charge for properties that are connected. Thissubdivision applies only to a water and sewer authority whose membershipincludes part or all of a county that has a population of at least 40,000according to the most recent annual population estimates certified by the StateBudget Officer.

(15)      To do all acts and things necessary or convenient to carryout 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.

(b)        In addition to the powers given under subsection (a) of thissection, an authority created under G.S. 162A‑3.1 and its participatingpolitical subdivisions may enter into agreements obligating these subdivisionsto make payments to the authority for treated water delivered or made availableor expected to be delivered or made available by the authority, regardless ofwhether treated water is actually delivered or made available. Such paymentsmay be designed to cover the authority's operating costs (including debtservice and related amounts) by allocating those costs among the participatingpolitical subdivisions and by requiring these subdivisions to pay additionalamounts to make up for the nonpayment of defaulting subdivisions. Theparticipating political subdivisions may agree to budget for and appropriatesuch payments. Such payment obligations may be made absolute, unconditional,and irrevocable and required to be performed strictly in accordance with theterms of such agreements and without abatement or reduction under allcircumstances whatsoever, including whether or not any facility of theauthority is completed, operable or operating and, notwithstanding thesuspension, interruption, interference, reduction or curtailment of the outputof any such facility or the treated water contracted for, and such obligationsmay be made subject to no reduction, whether by offset or otherwise, and notconditioned upon the performance or nonperformance of the authority or anyparticipating political subdivision under any agreement. Such payment obligationsare in consideration of any output or capacity that may at any time beavailable from facilities of the authority. The participating politicalsubdivisions may agree to make such payments from limited or specified sources.To the extent such payments relate to debt service of the authority and relatedamounts, they may not be made from any moneys derived from exercise by theparticipating political subdivisions of their taxing power, and such paymentobligations shall not constitute a pledge of such taxing power. Theparticipating political subdivisions may agree (i) not to pledge or encumberany source of payment and (ii) to operate (including fixing rates and charges)in a manner that enables them to make such payments from such sources. The participatingpolitical subdivisions may also secure such payment obligations with a pledgeof or lien upon any such sources of payment. Notwithstanding the provisions ofG.S. 162A‑9 or any other law to the contrary, an authority entering intoany such agreement need not fix rates, fees and other charges for its servicesexcept as provided herein, and such rates, fees and charges need not be uniformthrough the authority's service areas. Notwithstanding the provisions of G.S.160A‑322 or any other law to the contrary, agreements described hereinmay have a term not exceeding 50 years. Notwithstanding any law to thecontrary, the execution and effectiveness of any agreement authorized herebyshall not be subject to any authorizations or approvals by any entity exceptthe parties thereto. Each authority and its participating politicalsubdivisions shall have the power to do all acts and things necessary orconvenient to carry out the powers granted by this subsection.

(c)        In addition to the powers given under subsection (a) of thissection, an authority that holds a certificate issued after December 1, 1991,by the Environmental Management Commission under G.S. 162A‑7 (repealed)may acquire property by the power of eminent domain or by gift, purchase,grant, exchange, lease, or any other lawful method for one or more of thefollowing purposes:

(1)        To relocate a road or to construct a road necessitated byconstruction of water supply project.

(2)        To establish, extend, enlarge, or improve storm sewer anddrainage systems and works, or sewer and septic tank lines and systems.

(3)        To establish drainage programs and programs to preventobstructions to the natural flow of streams, creeks and natural water channelsor to improve drainage facilities. The authority contained in this subdivisionis in addition to any authority contained in Chapter 156 of the GeneralStatutes.

(4)        To acquire property for wetlands mitigation. (1955, c. 1195, s. 6; 1969, c. 850; 1971, c. 892, s. 1; 1979, c. 804;1983, c. 525, s. 5; c. 820, s. 1; 1987 (Reg. Sess., 1988), c. 981, s. 2; 1989,c. 517; 1993 (Reg. Sess., 1994), c. 696, s. 8.1; 1995, c. 509, s. 113; c. 511,s. 1; 1997‑436, s. 1; 2000‑70, s. 6; 2004‑203, s. 5(n).)

State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-6

§ 162A‑6.  Powers of authority generally.

(a)        Each authority created hereunder shall be deemed to be apublic instrumentality exercising public and essential governmental functionsto provide for the public health and welfare, and each authority is authorizedand empowered:

(1)        To adopt bylaws for the regulation of its affairs and theconduct 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 maydesignate;

(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 anywater system or part thereof or any sewer system or part thereof or any combinationthereof within or without the participating political subdivisions or anythereof;

(6)        To issue revenue bonds of the authority as hereinafterprovided to pay the cost of such acquisition, construction, reconstruction,improvement, extension, enlargement or equipment;

(7)        To issue revenue refunding bonds of the authority ashereinafter provided;

(8)        To combine any water system and any sewer system as a singlesystem 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 facilitiesfurnished 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 asprovided for cities and towns under the provisions of G.S. 160A‑240.1 andG.S. 160A‑374, or the exercise of the right of eminent domain inaccordance with the General Statutes of North Carolina which may be applicableto the exercise of such powers by municipalities or counties, any lands orrights in land or water rights in connection therewith, and to acquire suchpersonal property, as it may deem necessary in connection with the acquisition,construction, reconstruction, improvement, extension, enlargement or operationof any water system or sewer system, and to hold and dispose of all real andpersonal property under its control; provided, that the taking of water fromany stream or reservoir by any authority created under the provisions of thisArticle shall not vest in the taker any rights by prescription; provided,further, that nothing in this section shall affect rights by prescription, ifany, now held by any municipality and which may be later transferred to anyauthority of which such municipality may become a member;

(11)      To make and enter into all contracts and agreements necessaryor incidental to the performance of its duties and the execution of its powersunder this Article, including a trust agreement or trust agreements securingany revenue bonds issued hereunder, and to employ such consulting and otherengineers, superintendents, managers, construction and financial experts,accountants and attorneys, and such employees and agents as may, in thejudgment of the authority be deemed necessary, and to fix their compensation;provided, however, that all such expenses shall be payable solely from fundsmade available under the provisions of this Article;

(12)      To enter into contracts with the government of the UnitedStates or any agency or instrumentality thereof, or with any politicalsubdivision, private corporation, copartnership, association or individualproviding for the acquisition, construction, reconstruction, improvement,extension, enlargement, operation or maintenance of any water system or sewersystem or providing for or relating to the treatment and disposal of sewage orproviding 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 publicagency and any private agency, person or other entity, donations, loans,grants, aid or contributions of any money, property, labor or other things ofvalue for any sewer system or water system, and to agree to apply and use thesame in accordance with the terms and conditions under which the same areprovided;

(14)      To enter into contract with any political subdivision bywhich the authority shall assume the payment of the principal of and intereston indebtedness of such subdivision; and

(14a)    To make special assessments against benefited property withinthe area served or to be served by the authority for the purpose ofconstructing, reconstructing, extending, or otherwise improving water systemsor sanitary collection, treatment, and sewage disposal systems, in the samemanner that a county may make special assessments under authority of Chapter153A, Article 9, except that the language appearing in G.S. 153A‑185reading as follows: "A county may not assess property within a citypursuant to subdivision (1) or (2) of this section unless the governing boardof the city has by resolution approved the project," shall not apply toassessments levied by Water and Sewer Authorities established pursuant toChapter 162A, Article 1, of the General Statutes. For the purposes of thisparagraph, references in Chapter 153A, Article 9, to the "county,"the "board of county commissioners," "the board" or a specificcounty official or employee are deemed to refer, respectively, to the authorityand to the official or employee of the authority who performs most nearly thesame duties performed by the specified county official or employee.

Assessment rolls after being confirmed shall be filedfor registration in the office of the Register of Deeds of the county in whichthe property being assessed is located, and the term "county taxcollector" wherever used in G.S. 153A‑195 and G.S. 153A‑196,shall mean the Executive Director or other administrative officer designated bythe authority to perform the functions described in said sections of thestatute.

(14b)    To provide for the defense of civil and criminal actions andpayment of civil judgments against employees and officers or former employees andofficers and members or former members of the governing body as authorized byG.S. 160A‑167, as amended.

(14c)    To adopt ordinances to regulate and control the discharge ofsewage or stormwater into any sewerage system owned or operated by theauthority, to adopt ordinances concerning stormwater management programsdesigned to protect water quality by controlling the level of pollutants in andthe quantity and flow of stormwater, and to adopt ordinances to regulate andcontrol structural and natural stormwater and drainage systems of all types.Prior to the adoption of any such ordinance or any amendment to any suchordinance, the authority shall first pass a declaration of intent to adopt suchordinance or amendment. The declaration of intent shall describe the ordinancewhich it is proposed that the authority adopt. The declaration of intent shallbe submitted to each governing body for review and comment. The authority shallconsider any comment or suggestions offered by any governing body with respectto the proposed ordinance or amendment. Thereafter, the authority shall beauthorized to adopt such ordinance or amendment to it at any time after 60 daysfollowing the submission of the declaration of intent to each governing body.

(14d)    To require the owners of developed property on which there aresituated one or more residential dwelling units or commercial establishmentslocated within the jurisdiction of the authority and within a reasonabledistance of any waterline or sewer collection line owned, leased as lessee, oroperated by the authority to connect the property with the waterline, sewerconnection line, or both and fix charges for the connections. The power grantedby this subdivision may be exercised by an authority only to the extent thatthe service, whether water, sewer, or a combination thereof, to be provided bythe authority is not then being provided to the improved property by any otherpolitical subdivision or by a public utility regulated by the North CarolinaUtilities Commission pursuant to Chapter 62 of the General Statutes. In thecase of improved property that would qualify for the issuance of a buildingpermit for the construction of one or more residential dwelling units orcommercial establishments and where the authority has installed water or sewerlines or a combination thereof directly available to the property, theauthority may require payment of a periodic availability charge, not to exceedthe minimum periodic service charge for properties that are connected. Thissubdivision applies only to a water and sewer authority whose membershipincludes part or all of a county that has a population of at least 40,000according to the most recent annual population estimates certified by the StateBudget Officer.

(15)      To do all acts and things necessary or convenient to carryout 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.

(b)        In addition to the powers given under subsection (a) of thissection, an authority created under G.S. 162A‑3.1 and its participatingpolitical subdivisions may enter into agreements obligating these subdivisionsto make payments to the authority for treated water delivered or made availableor expected to be delivered or made available by the authority, regardless ofwhether treated water is actually delivered or made available. Such paymentsmay be designed to cover the authority's operating costs (including debtservice and related amounts) by allocating those costs among the participatingpolitical subdivisions and by requiring these subdivisions to pay additionalamounts to make up for the nonpayment of defaulting subdivisions. Theparticipating political subdivisions may agree to budget for and appropriatesuch payments. Such payment obligations may be made absolute, unconditional,and irrevocable and required to be performed strictly in accordance with theterms of such agreements and without abatement or reduction under allcircumstances whatsoever, including whether or not any facility of theauthority is completed, operable or operating and, notwithstanding thesuspension, interruption, interference, reduction or curtailment of the outputof any such facility or the treated water contracted for, and such obligationsmay be made subject to no reduction, whether by offset or otherwise, and notconditioned upon the performance or nonperformance of the authority or anyparticipating political subdivision under any agreement. Such payment obligationsare in consideration of any output or capacity that may at any time beavailable from facilities of the authority. The participating politicalsubdivisions may agree to make such payments from limited or specified sources.To the extent such payments relate to debt service of the authority and relatedamounts, they may not be made from any moneys derived from exercise by theparticipating political subdivisions of their taxing power, and such paymentobligations shall not constitute a pledge of such taxing power. Theparticipating political subdivisions may agree (i) not to pledge or encumberany source of payment and (ii) to operate (including fixing rates and charges)in a manner that enables them to make such payments from such sources. The participatingpolitical subdivisions may also secure such payment obligations with a pledgeof or lien upon any such sources of payment. Notwithstanding the provisions ofG.S. 162A‑9 or any other law to the contrary, an authority entering intoany such agreement need not fix rates, fees and other charges for its servicesexcept as provided herein, and such rates, fees and charges need not be uniformthrough the authority's service areas. Notwithstanding the provisions of G.S.160A‑322 or any other law to the contrary, agreements described hereinmay have a term not exceeding 50 years. Notwithstanding any law to thecontrary, the execution and effectiveness of any agreement authorized herebyshall not be subject to any authorizations or approvals by any entity exceptthe parties thereto. Each authority and its participating politicalsubdivisions shall have the power to do all acts and things necessary orconvenient to carry out the powers granted by this subsection.

(c)        In addition to the powers given under subsection (a) of thissection, an authority that holds a certificate issued after December 1, 1991,by the Environmental Management Commission under G.S. 162A‑7 (repealed)may acquire property by the power of eminent domain or by gift, purchase,grant, exchange, lease, or any other lawful method for one or more of thefollowing purposes:

(1)        To relocate a road or to construct a road necessitated byconstruction of water supply project.

(2)        To establish, extend, enlarge, or improve storm sewer anddrainage systems and works, or sewer and septic tank lines and systems.

(3)        To establish drainage programs and programs to preventobstructions to the natural flow of streams, creeks and natural water channelsor to improve drainage facilities. The authority contained in this subdivisionis in addition to any authority contained in Chapter 156 of the GeneralStatutes.

(4)        To acquire property for wetlands mitigation. (1955, c. 1195, s. 6; 1969, c. 850; 1971, c. 892, s. 1; 1979, c. 804;1983, c. 525, s. 5; c. 820, s. 1; 1987 (Reg. Sess., 1988), c. 981, s. 2; 1989,c. 517; 1993 (Reg. Sess., 1994), c. 696, s. 8.1; 1995, c. 509, s. 113; c. 511,s. 1; 1997‑436, s. 1; 2000‑70, s. 6; 2004‑203, s. 5(n).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-6

§ 162A‑6.  Powers of authority generally.

(a)        Each authority created hereunder shall be deemed to be apublic instrumentality exercising public and essential governmental functionsto provide for the public health and welfare, and each authority is authorizedand empowered:

(1)        To adopt bylaws for the regulation of its affairs and theconduct 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 maydesignate;

(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 anywater system or part thereof or any sewer system or part thereof or any combinationthereof within or without the participating political subdivisions or anythereof;

(6)        To issue revenue bonds of the authority as hereinafterprovided to pay the cost of such acquisition, construction, reconstruction,improvement, extension, enlargement or equipment;

(7)        To issue revenue refunding bonds of the authority ashereinafter provided;

(8)        To combine any water system and any sewer system as a singlesystem 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 facilitiesfurnished 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 asprovided for cities and towns under the provisions of G.S. 160A‑240.1 andG.S. 160A‑374, or the exercise of the right of eminent domain inaccordance with the General Statutes of North Carolina which may be applicableto the exercise of such powers by municipalities or counties, any lands orrights in land or water rights in connection therewith, and to acquire suchpersonal property, as it may deem necessary in connection with the acquisition,construction, reconstruction, improvement, extension, enlargement or operationof any water system or sewer system, and to hold and dispose of all real andpersonal property under its control; provided, that the taking of water fromany stream or reservoir by any authority created under the provisions of thisArticle shall not vest in the taker any rights by prescription; provided,further, that nothing in this section shall affect rights by prescription, ifany, now held by any municipality and which may be later transferred to anyauthority of which such municipality may become a member;

(11)      To make and enter into all contracts and agreements necessaryor incidental to the performance of its duties and the execution of its powersunder this Article, including a trust agreement or trust agreements securingany revenue bonds issued hereunder, and to employ such consulting and otherengineers, superintendents, managers, construction and financial experts,accountants and attorneys, and such employees and agents as may, in thejudgment of the authority be deemed necessary, and to fix their compensation;provided, however, that all such expenses shall be payable solely from fundsmade available under the provisions of this Article;

(12)      To enter into contracts with the government of the UnitedStates or any agency or instrumentality thereof, or with any politicalsubdivision, private corporation, copartnership, association or individualproviding for the acquisition, construction, reconstruction, improvement,extension, enlargement, operation or maintenance of any water system or sewersystem or providing for or relating to the treatment and disposal of sewage orproviding 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 publicagency and any private agency, person or other entity, donations, loans,grants, aid or contributions of any money, property, labor or other things ofvalue for any sewer system or water system, and to agree to apply and use thesame in accordance with the terms and conditions under which the same areprovided;

(14)      To enter into contract with any political subdivision bywhich the authority shall assume the payment of the principal of and intereston indebtedness of such subdivision; and

(14a)    To make special assessments against benefited property withinthe area served or to be served by the authority for the purpose ofconstructing, reconstructing, extending, or otherwise improving water systemsor sanitary collection, treatment, and sewage disposal systems, in the samemanner that a county may make special assessments under authority of Chapter153A, Article 9, except that the language appearing in G.S. 153A‑185reading as follows: "A county may not assess property within a citypursuant to subdivision (1) or (2) of this section unless the governing boardof the city has by resolution approved the project," shall not apply toassessments levied by Water and Sewer Authorities established pursuant toChapter 162A, Article 1, of the General Statutes. For the purposes of thisparagraph, references in Chapter 153A, Article 9, to the "county,"the "board of county commissioners," "the board" or a specificcounty official or employee are deemed to refer, respectively, to the authorityand to the official or employee of the authority who performs most nearly thesame duties performed by the specified county official or employee.

Assessment rolls after being confirmed shall be filedfor registration in the office of the Register of Deeds of the county in whichthe property being assessed is located, and the term "county taxcollector" wherever used in G.S. 153A‑195 and G.S. 153A‑196,shall mean the Executive Director or other administrative officer designated bythe authority to perform the functions described in said sections of thestatute.

(14b)    To provide for the defense of civil and criminal actions andpayment of civil judgments against employees and officers or former employees andofficers and members or former members of the governing body as authorized byG.S. 160A‑167, as amended.

(14c)    To adopt ordinances to regulate and control the discharge ofsewage or stormwater into any sewerage system owned or operated by theauthority, to adopt ordinances concerning stormwater management programsdesigned to protect water quality by controlling the level of pollutants in andthe quantity and flow of stormwater, and to adopt ordinances to regulate andcontrol structural and natural stormwater and drainage systems of all types.Prior to the adoption of any such ordinance or any amendment to any suchordinance, the authority shall first pass a declaration of intent to adopt suchordinance or amendment. The declaration of intent shall describe the ordinancewhich it is proposed that the authority adopt. The declaration of intent shallbe submitted to each governing body for review and comment. The authority shallconsider any comment or suggestions offered by any governing body with respectto the proposed ordinance or amendment. Thereafter, the authority shall beauthorized to adopt such ordinance or amendment to it at any time after 60 daysfollowing the submission of the declaration of intent to each governing body.

(14d)    To require the owners of developed property on which there aresituated one or more residential dwelling units or commercial establishmentslocated within the jurisdiction of the authority and within a reasonabledistance of any waterline or sewer collection line owned, leased as lessee, oroperated by the authority to connect the property with the waterline, sewerconnection line, or both and fix charges for the connections. The power grantedby this subdivision may be exercised by an authority only to the extent thatthe service, whether water, sewer, or a combination thereof, to be provided bythe authority is not then being provided to the improved property by any otherpolitical subdivision or by a public utility regulated by the North CarolinaUtilities Commission pursuant to Chapter 62 of the General Statutes. In thecase of improved property that would qualify for the issuance of a buildingpermit for the construction of one or more residential dwelling units orcommercial establishments and where the authority has installed water or sewerlines or a combination thereof directly available to the property, theauthority may require payment of a periodic availability charge, not to exceedthe minimum periodic service charge for properties that are connected. Thissubdivision applies only to a water and sewer authority whose membershipincludes part or all of a county that has a population of at least 40,000according to the most recent annual population estimates certified by the StateBudget Officer.

(15)      To do all acts and things necessary or convenient to carryout 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.

(b)        In addition to the powers given under subsection (a) of thissection, an authority created under G.S. 162A‑3.1 and its participatingpolitical subdivisions may enter into agreements obligating these subdivisionsto make payments to the authority for treated water delivered or made availableor expected to be delivered or made available by the authority, regardless ofwhether treated water is actually delivered or made available. Such paymentsmay be designed to cover the authority's operating costs (including debtservice and related amounts) by allocating those costs among the participatingpolitical subdivisions and by requiring these subdivisions to pay additionalamounts to make up for the nonpayment of defaulting subdivisions. Theparticipating political subdivisions may agree to budget for and appropriatesuch payments. Such payment obligations may be made absolute, unconditional,and irrevocable and required to be performed strictly in accordance with theterms of such agreements and without abatement or reduction under allcircumstances whatsoever, including whether or not any facility of theauthority is completed, operable or operating and, notwithstanding thesuspension, interruption, interference, reduction or curtailment of the outputof any such facility or the treated water contracted for, and such obligationsmay be made subject to no reduction, whether by offset or otherwise, and notconditioned upon the performance or nonperformance of the authority or anyparticipating political subdivision under any agreement. Such payment obligationsare in consideration of any output or capacity that may at any time beavailable from facilities of the authority. The participating politicalsubdivisions may agree to make such payments from limited or specified sources.To the extent such payments relate to debt service of the authority and relatedamounts, they may not be made from any moneys derived from exercise by theparticipating political subdivisions of their taxing power, and such paymentobligations shall not constitute a pledge of such taxing power. Theparticipating political subdivisions may agree (i) not to pledge or encumberany source of payment and (ii) to operate (including fixing rates and charges)in a manner that enables them to make such payments from such sources. The participatingpolitical subdivisions may also secure such payment obligations with a pledgeof or lien upon any such sources of payment. Notwithstanding the provisions ofG.S. 162A‑9 or any other law to the contrary, an authority entering intoany such agreement need not fix rates, fees and other charges for its servicesexcept as provided herein, and such rates, fees and charges need not be uniformthrough the authority's service areas. Notwithstanding the provisions of G.S.160A‑322 or any other law to the contrary, agreements described hereinmay have a term not exceeding 50 years. Notwithstanding any law to thecontrary, the execution and effectiveness of any agreement authorized herebyshall not be subject to any authorizations or approvals by any entity exceptthe parties thereto. Each authority and its participating politicalsubdivisions shall have the power to do all acts and things necessary orconvenient to carry out the powers granted by this subsection.

(c)        In addition to the powers given under subsection (a) of thissection, an authority that holds a certificate issued after December 1, 1991,by the Environmental Management Commission under G.S. 162A‑7 (repealed)may acquire property by the power of eminent domain or by gift, purchase,grant, exchange, lease, or any other lawful method for one or more of thefollowing purposes:

(1)        To relocate a road or to construct a road necessitated byconstruction of water supply project.

(2)        To establish, extend, enlarge, or improve storm sewer anddrainage systems and works, or sewer and septic tank lines and systems.

(3)        To establish drainage programs and programs to preventobstructions to the natural flow of streams, creeks and natural water channelsor to improve drainage facilities. The authority contained in this subdivisionis in addition to any authority contained in Chapter 156 of the GeneralStatutes.

(4)        To acquire property for wetlands mitigation. (1955, c. 1195, s. 6; 1969, c. 850; 1971, c. 892, s. 1; 1979, c. 804;1983, c. 525, s. 5; c. 820, s. 1; 1987 (Reg. Sess., 1988), c. 981, s. 2; 1989,c. 517; 1993 (Reg. Sess., 1994), c. 696, s. 8.1; 1995, c. 509, s. 113; c. 511,s. 1; 1997‑436, s. 1; 2000‑70, s. 6; 2004‑203, s. 5(n).)