159-36. Failure of local government to levy debt service taxes or provide for payment of debt.
(a) If any local government or public authority fails or refuses to levy taxes or allocate other revenues in an amount sufficient to meet all installments of principal and interest falling due on its debt during the budget year, or to adequately maintain its sinking funds, the Commission shall enter an order directing and commanding the governing board of the local government or public authority to enact a budget ordinance levying the necessary taxes or raising the necessary revenue by whatever means are legally available. If the governing board shall fail or refuse to comply with the Commission's order within 10 days, the order shall have the same legal force and effect as if the actions therein commanded had been taken by the governing board, and the appropriate officers and employees of the local government or public authority shall proceed to collect the tax levy or implement the plan for raising the revenue to the same extent as if such action had been authorized and directed by the governing board. Any officer, employee, or member of the governing board of any local government or public authority who willfully fails or refuses to implement an order of the Local Government Commission issued pursuant to this section forfeits his office or position.
(b) This section does not apply to contractual obligations undertaken by a unit of local government in a debt instrument issued pursuant to Chapter 159G of the General Statutes unless such debt instrument is secured by a pledge of the faith and credit of the unit of local government. (1971, c. 780, s. 1; 1987, c. 796, s. 3(8).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 159 - Local Government Finance
Article 3 - The Local Government Budget and Fiscal Control Act.
§ 159-7 - Short title; definitions; local acts superseded.
§ 159-8 - Annual balanced budget ordinance.
§ 159-11 - Preparation and submission of budget and budget message.
§ 159-12 - Filing and publication of the budget; budget hearings.
§ 159-13 - The budget ordinance; form, adoption, limitations, tax levy, filing.
§ 159-13.1 - Financial plan for intragovernmental service funds.
§ 159-13.2 - Project ordinances.
§ 159-14 - Trust and custodial funds; budgets of special districts.
§ 159-15 - Amendments to the budget ordinance.
§ 159-17 - Ordinance procedures not applicable to budget or project ordinance adoption.
§ 159-17.1 - Vending facilities.
§ 159-18 - Capital reserve funds.
§ 159-20 - Funding capital reserve funds.
§ 159-27 - Distribution of tax collections among funds according to levy.
§ 159-27.1 - Use of revenue bond project reimbursements; restrictions.
§ 159-28 - Budgetary accounting for appropriations.
§ 159-28.1 - Facsimile signatures.
§ 159-30 - Investment of idle funds.
§ 159-30.1 - Trust for other post-employment benefits.
§ 159-30.2 - Trust for law enforcement special separation allowance benefits.
§ 159-31 - Selection of depository; deposits to be secured.
§ 159-32.1 - Electronic payment.
§ 159-33 - Semiannual reports on status of deposits and investments.
§ 159-33.1 - Semiannual reports of financial information.
§ 159-33.2 - Interim event reporting.
§ 159-34 - Annual independent audit; rules and regulations.
§ 159-35 - Secretary of Local Government Commission to notify units of debt service obligations.
§ 159-36 - Failure of local government to levy debt service taxes or provide for payment of debt.
§ 159-37 - Reports on status of sinking funds.
§ 159-38 - Local units authorized to accept their bonds in payment of certain claims and judgments.
§ 159-39 - Special regulations pertaining to public hospitals.
§ 159-40 - Special regulations pertaining to nonprofit corporations receiving public funds.
§ 159-41 - Special regulations pertaining to joint municipal power agencies.
§ 159-42 - Special regulations pertaining to public housing authorities.
§ 159-42.1 - Establishment of nonprofit corporation by public authority authorized.