159-47. Additional security for utility or public service enterprise bonds.
(a) The revenues of a utility or public service enterprise owned or leased by a unit of local government shall be applied in accordance with the following priorities:
(1) First, to pay the operating, maintenance, and capital outlay expenses of the utility or enterprise.
(2) Second, to pay when due the interest on and principal of outstanding bonds issued for capital projects that are or were a part of the utility or enterprise.
(3) Third, for any other lawful purpose.
Notwithstanding the foregoing provisions, a county which owns or leases hospitals or other health-related facilities and has not issued any general obligation bonds during the period July 1, 1973, to July 1, 1974, for a capital project that is or was a part of such hospitals or other health-related facilities shall have the option of applying the revenues of such hospitals or other health-related facilities in accordance with a bond order adopted under the Local Government Revenue Bond Act.
(b) In the discretion of the governing board of the issuing unit, the bond order may pledge the revenues (or any portion of the revenues) of a utility or public service enterprise to the payment of the interest on and principal of bonds issued under this Article to finance capital projects that are to become a part of the utility or enterprise.
(c) In the discretion of the governing board of the issuing unit, a bond order authorizing the issuance of bonds under this Article to finance capital projects that are to become a part of a utility or public service enterprise owned or leased by the issuing unit may state that the revenues of the utility or enterprise may be pledged to the payment of the interest on and principal of the bonds if and to the extent that the governing board of the unit shall thereafter determine by resolution (prior to the issuance of the bonds), and that a tax sufficient to pay the principal of and interest on the bonds shall be annually levied and collected by the issuing unit on all taxable property within its taxing jurisdiction, but that in the event that any revenues of the utility or enterprise shall be pledged to the payment of the bonds, the tax may be reduced by the amount of utility or enterprise revenues available for the payment of the principal and interest. A pledge of utility or enterprise revenues pursuant to this subsection shall be made by resolution of the governing board of the issuing unit after the bond order is adopted and before bonds are issued thereunder.
(d) When a pledge of utility or enterprise revenues is made pursuant to this section, the issuing unit shall have, with respect to the utility or enterprise whose revenues are pledged, all of the powers set out in G.S. 159-83 and G.S. 159-89. (1971, c. 780, s. 1; 1973, c. 1326.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 159 - Local Government Finance
Article 4 - Local Government Bond Act.
§ 159-43 - Short title; legislative intent.
§ 159-45 - All general obligation bonds subject to Local Government Bond Act.
§ 159-46 - Faith and credit pledged.
§ 159-47 - Additional security for utility or public service enterprise bonds.
§ 159-48 - For what purposes bonds may be issued.
§ 159-49 - When a vote of the people is required.
§ 159-52 - Approval of application by Commission.
§ 159-53 - Order approving or disapproving an application.
§ 159-55 - Sworn statement of debt; debt limitation.
§ 159-55.1 - Statement of disclosures necessary for bond authorization.
§ 159-56 - Publication of bond order as introduced.
§ 159-56.1 - Certain proceedings ratified notwithstanding provisions of § 159-56.
§ 159-57 - Hearing; passage of bond order.
§ 159-58 - Publication of bond order as adopted.
§ 159-59 - Limitation of action to set aside order.
§ 159-60 - Petition for referendum on bond issue.
§ 159-61 - Bond referenda; majority required; notice of referendum; form of ballot; canvass.
§ 159-62 - Limitation on actions contesting validity of bond referenda.
§ 159-63 - Repeal of bond orders.
§ 159-64 - Within what time bonds may be issued.
§ 159-65 - Resolution fixing the details of the bonds.
§ 159-66 - Validation of former proceedings and actions.
§ 159-67 - Procedures if a county votes to relocate the county seat.
§ 159-68 - Certain provisions not applicable to refunding bonds.
§ 159-73 - Financing or refinancing agreements.
§ 159-74 - Test cases testing validity of funding or refunding bonds.
§ 159-75 - Judgment validating issue; costs of the action.
§ 159-76 - Validation of bonds and notes issued before March 26, 1931.