§ 162A-69. Powers generally; fiscal year.

§ 162A‑69.  Powersgenerally; fiscal year.

Each district shall be deemed to be a public body and body politic andcorporate exercising public and essential governmental functions to provide forthe preservation and promotion of the public health and welfare, and eachdistrict is hereby authorized and empowered:

(1)        To adopt bylaws for the regulation of its affairs and theconduct of its business not in conflict with this or other law;

(2)        To adopt an official seal and alter the same at pleasure;

(3)        To maintain an office at such place or places in thedistrict as it may designate;

(4)        To sue and be sued in its own name, plead and be impleaded;

(5)        To acquire, lease as lessor or lessee, construct,reconstruct, improve, extend, enlarge, equip, repair, maintain and operate anysewerage system or part thereof within or without the district; provided,however, that no such sewerage system or part thereof shall be located in anycity, town or incorporated village outside the district except with the consentof the governing body thereof, and each such governing body is herebyauthorized to grant such consent;

(6)        To issue general obligation bonds and revenue bonds of thedistrict as hereinafter provided to pay the cost of a sewerage system orsystems;

(7)        To issue general obligation refunding bonds and revenuerefunding bonds of the district as hereinafter provided;

(8)        To fix and revise from time to time and to collect rents,rates, fees and other charges for the use of or for the services and facilitiesfurnished by any sewerage system;

(9)        To cause taxes to be levied and collected upon all taxableproperty within the district sufficient to meet the obligations of thedistrict, to pay the cost of maintaining, repairing and operating any seweragesystem or systems, and to pay all obligations incurred by the district in theperformance of its lawful undertakings and functions;

(10)      To acquire in the name of the district, either within orwithout the corporate limits of the district, by gift, purchase or the exerciseof the right of eminent domain, which right shall be exercised in accordancewith the provisions of Chapter 40A of the General Statutes of North Carolina,any improved or unimproved lands or rights in land, and to acquire suchpersonal property, as it may deem necessary in connection with the acquisition,construction, reconstruction, improvement, extension, enlargement, repair,equipment, maintenance or operation of any sewerage system, and to hold anddispose of all real and personal property under its control;

(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;

(12)      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 boardbe deemed necessary, and to fix their compensation; provided, however, that theprovisions of G.S. 159‑20 shall be complied with to the extent that thesame shall be applicable;

(13)      To receive and accept from the United States of America orthe 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 sewerage system or systems, to agreeto such reasonable conditions or requirements as may be imposed, and to receiveand accept contributions from any source of either money, property, labor orother things of value, to be held, used and applied only for the purposes forwhich such loans, grants, advances or contributions may be made;

(13a)    To adopt ordinances to regulate and control the discharge ofsewage into any sewerage system owned or operated by the district. Prior to theadoption of any ordinance or any amendment to any ordinance the district shallfirst pass a declaration of intent to adopt such ordinance or amendment. Thedeclaration of intent shall describe the ordinance or amendment which it isproposed that the district adopt. The declaration of intent shall be submittedto each governing body for review and comment. The district shall take intoconsideration any comment and suggestions with respect to the proposedordinance or amendment offered by any governing body and may modify suchproposed ordinance or amendment to reflect comment and suggestions offered byany governing body. Thereafter, the district shall be authorized to adopt suchordinance or any amendment to it at any time after 60 days following thesubmission of the declaration of intent to each governing body;

(13b)    To require the owners of improved property located within thedistrict so as to be served by a sewer collection line owned or leased andoperated by the district to connect their premises with the sewer line, and fixcharges for these connections; and

(14)      To do all acts and things necessary or convenient to carryout the powers granted by this Article.

Each district shall keep its accounts on the basis of a fiscal yearcommencing on the first day of July and ending on the thirtieth day of June ofthe following year. (1961, c. 795, s.6; 1973, c. 822, s. 4; 1981, c. 919, s. 32; 1983, c. 333, s. 3; 1987, c. 396,ss. 1‑3.)