NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 821

SENATE BILL 891

 

 

AN ACT TO AMEND THE LOCAL GOVERNMENT BOND ACT AND REVENUE BONDS TO INCLUDE THE PURCHASE AND/OR LEASE OF NATURAL GAS FIELDS, NATURAL GAS RESERVES AND NATURAL GAS SUPPLIES AS A PURPOSE FOR WHICH BONDS MAY BE ISSUED BY A CITY; TO PROVIDE THAT THE DEFINITION OF PUBLIC ENTERPRISE INCLUDES SUCH ACTIVITIES; TO INCLUDE PUBLIC ENTERPRISE WITHIN THE DEFINITION OF UNDERTAKING FOR INTERLOCAL COOPERATION; AND TO ENABLE CITIES TO OPERATE SPECIFIED PARTS OF A GAS SYSTEM IN A PARTNERSHIP OR JOINT VENTURE ARRANGEMENT WITH NATURAL GAS UTILITIES AND PRIVATE ENTERPRISE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 159-48(d)(4) as the same appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes is amended by deleting the period at the end of subdivision (4) and inserting thereto the following words and punctuation:

", where systems shall also include the purchase and/or lease of natural gas fields and natural gas reserves and the purchase of natural gas supplies, and where any parts of such systems may be located either within the State or without."

Sec. 2.  G.S. 159-81(3)c. as the same appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes is amended by deleting the period at the end of (3)c. and inserting thereto the following words and punctuation:

", where gas systems shall include the purchase and/or lease of natural gas fields and natural gas reserves and the purchase of natural gas supplies, and where any parts of such gas systems may be located either within the State or without."

Sec. 3.  G.S. 160A-311(4) is amended by deleting the semicolon at the end of (4) and inserting thereto the following words and punctuation:

", where systems shall also include the purchase and/or lease of natural gas fields and natural gas reserves, the purchase of natural gas supplies, and the surveying, drilling and any other activities related to the exploration for natural gas, whether within the State or without."

Sec. 4.  G.S. 160A-460(1) is amended on line 6 by inserting the words and punctuation "public enterprise," between the comma after the word "function" and the word "right" so that G.S. 160A-460(1) reads as follows:

"(1)      'Undertaking' means the joint exercise by two or more units of local government, or the contractual exercise by one unit for one or more other units, of any administrative or governmental power, function, public enterprise, right, privilege, or immunity of local government."

Sec. 5.  G.S. 160A-312 as the same appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, is amended by adding a new paragraph at the end of the second paragraph to read as follows:

"A city may operate that part of a gas system involving the purchase and/or lease of natural gas fields, natural gas reserves and natural gas supplies and the surveying, drilling or any other activities related to the exploration for natural gas, in a partnership or joint venture arrangement with natural gas utilities and private enterprise."

Sec. 6.  If any provision of this act shall be held invalid, the remainder of this act shall not be affected thereby.

Sec. 7.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 25th day of June, 1975.