GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 511
AN ACT TO AUTHORIZE ISSUANCE OF BONDS FOR FINANCING GAS SYSTEMS OR FACILITIES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 159-96(a) reads as rewritten:
"(a) Each utility or
public service enterprise listed in G.S. 159-81(3), if financed wholly or
partially by revenue bonds issued under this Article, shall be owned or
operated by the municipality for its own use and for the use of public and
private consumers residing within its corporate limits. A utility or public
service enterprise financed wholly or partially by revenue bonds, when operated
primarily for the municipality's own use and for users within its corporate
limits, may be operated incidentally for users outside its corporate limits.
Provided, however, that revenue bonds may be issued for the purpose of
financing in whole or in part mass transit systems, aeronautical facilities,
marine facilities and systems, systems or facilities for the generation,
production, transmission, or distribution of gas (natural, artificial, or
mixed), facilities and equipment for the collection, treatment or disposal
of solid waste, notwithstanding that such systems, facilities or equipment may
be operated for users outside the corporate limits of a municipality where the
municipality finds that the system, facilities or equipment so financed would
benefit the municipality. municipality; provided further that revenue
bonds may not be issued for the purpose of financing in whole or in part
systems or facilities for the transmission or distribution of gas (natural,
artificial, or mixed) to users outside the corporate limits of a municipality
to whom service is available or will be available within a reasonable time from
a local distribution natural gas utility pursuant to a certificate of public
convenience and necessity issued by the North Carolina Utilities
Commission. A finding by the governing body of a municipality that the
systems or facilities to be provided by the financing will not provide service
to users to whom such service is available or will be available within a
reasonable time from a local distribution natural gas utility shall be
conclusive upon (i) the expiration of a 45 day period following the making of
such finding, (ii) the mailing by the municipality of a copy of such notice
within five days after the making of such finding to any local distribution
company certificated to provide service to the area in which the facilities are
to be located, and (iii) the absence of a written objection to such finding
being mailed by any such certificated local distribution company to a
municipality by not later than five days prior to the end of such 45 day
period, all such mailings to be properly given or made if sent by United States
registered mail, return receipt requested, postage prepaid. Time shall be
computed pursuant to G.S. 1A-1, Rule 6(a)."
Sec. 2. This act provides an additional and alternative method for accomplishing the things authorized thereby, is supplemental and additional to powers conferred by other laws, and is not in derogation of any powers now existing.
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 2nd day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives