GENERAL ASSEMBLY OF NORTH CAROLINA

1995 SESSION

 

 

CHAPTER 644

SENATE BILL 878

 

AN ACT TO AUTHORIZE CERTAIN AIRPORT BOARDS AND COMMISSIONS TO OWN, OPERATE, AND FINANCE THE PURCHASE AND IMPROVEMENT OF WATER AND WASTEWATER SYSTEMS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 63-56 is amended by adding a new subsection (q) to read:

"(q)      In the case of an airport board or commission authorized by agreement between two cities, as defined in G.S. 160A-1(2), pursuant to this section, one of which is located partially but not wholly in the county in which the jointly owned airport is located, and where the board or commission provided water and wastewater services off the airport premises before January 1, 1995, the board or commission shall have the authority to acquire, construct, establish, enlarge, improve, maintain, own, operate and contract for the operation of water supply and distribution systems and wastewater collection, treatment and disposal systems of all types, on and off the airport premises.  In no event, however, shall such a board or commission be held liable for damages to those off the airport premises for failure to provide such water or wastewater services."

Sec. 2.  G.S. 160A-20(h) is amended by adding a new subdivision (5a) to read:

"(5a)    An airport board or commission authorized by agreement between two cities pursuant to G.S. 63-56, one of which is located partially but not wholly in the county in which the jointly owned airport is located, and where the board or commission provided water and wastewater services off the airport premises before January 1, 1995; provided that the authority granted by this section may be exercised by such a board or commission with respect to water and wastewater systems or improvements only."

Sec. 3.  G.S. 159-81(1) reads as rewritten:

"(1)      'Municipality' means a county, city, town, incorporated village, sanitary district, metropolitan sewerage district, metropolitan water district, county water and sewer district, water and sewer authority, hospital authority, hospital district, parking authority, special airport district, regional public transportation authority, regional sports authority, and airport authority, a joint agency created pursuant to Part 1 of Article 20 of Chapter 160A of the General Statutes, and joint agency authorized by agreement between two cities to operate an airport pursuant to G.S. 63-56, but not any other forms of local government."

Sec. 4.  G.S. 159G-3(10) reads as rewritten:

"(10)   'Local government unit' means a county, city, town, incorporated village, sanitary district, metropolitan sewerage district, metropolitan water district, county water and sewer district, water and sewer authority , joint agency authorized by agreement between two cities and towns to operate an airport pursuant to G.S. 63-56 and that also provided water and wastewater services off the airport premises before January 1, 1995, or joint agency created pursuant to Part 1 of Article 20 of Chapter 160A of the General Statutes."

Sec. 5.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 21st day of June, 1996.

 

 

───────────────────

Dennis A. Wicker

President of the Senate

 

 

───────────────────

Harold J. Brubaker

Speaker of the House of Representatives