North Carolina General Statutes Chapter 159B Joint Municipal Electric Power and Energy Act

Article 1 - Short Title, Legislative Findings and Definitions.

N.C. Gen. Stat. § 159B-1. Short title
This Chapter may be cited as the "Joint Municipal Electric Power and Energy Act." (1975, c. 186, s. 1.)
N.C. Gen. Stat. § 159B-2. Legislative findings and purposes
The General Assembly hereby finds and determines that: A critical situation exists with respect to the present and future supply of electric power and...
N.C. Gen. Stat. § 159B-3. Definitions
The following terms whenever used or referred to in this Chapter shall have the following respective meanings unless a different meaning clearly appears from...

Article 2 - Joint Agencies; Municipalities.

N.C. Gen. Stat. § 159B-4. Authority of municipalities to jointly cooperate
In addition and supplemental to the powers otherwise conferred on municipalities by the laws of the State, and in order to accomplish the purposes...
N.C. Gen. Stat. § 159B-5. Joint ownership of a project; provisions of the contract or agreement with respect thereto
Each municipality shall own a project in proportion to the amount of the money furnished or the value of property or other consideration supplied...
N.C. Gen. Stat. § 159B-5.1. Joint ownership with other public or private entities engaged in generation, transmission or distribution of electric power for resale
Municipalities and joint agencies may jointly or severally own, operate and maintain projects with any person, firm, association or corporation, public or private, engaged...
N.C. Gen. Stat. § 159B-6. Sale of capacity and output by a municipality
Capacity or output derived by a municipality from its ownership share of a project not then required by such municipality for its own use...
N.C. Gen. Stat. § 159B-7. Licenses, permits, certificates and approvals
Municipalities proposing to jointly plan, finance, develop, own and operate a project are hereby authorized, either jointly or separately, to apply to the appropriate...
N.C. Gen. Stat. § 159B-8. Repealed by Session Laws 1995, c. 412, s. 4
N.C. Gen. Stat. § 159B-9. Creation of a joint agency; board of commissioners
(a) The governing boards of two or more municipalities may by resolution or ordinance determine that it is in the best interests of the...
N.C. Gen. Stat. § 159B-10. Executive committee, composition; powers and duties; terms
(a) The board of commissioners of a joint agency may create an executive committee by resolution. The board may provide for the composition and...
N.C. Gen. Stat. § 159B-11. General powers of joint agencies; prerequisites to undertaking projects
Each joint agency shall have all of the rights and powers necessary or convenient to carry out and effectuate the purposes and provisions of...
N.C. Gen. Stat. § 159B-12. Sale of capacity and output by a joint agency; other contracts with a joint agency
Any municipality which is a member of the joint agency may contract to buy from the joint agency power and energy for its present...
N.C. Gen. Stat. § 159B-13. Sale of excess capacity and output by a joint agency
A joint agency may sell or exchange the excess capacity or output of a project not then required by any of its members, for...
N.C. Gen. Stat. § 159B-14. Bonds of a joint agency
A joint agency may issue bonds for the purpose of paying the cost of a project and secure both the principal of and interest...
N.C. Gen. Stat. § 159B-15. Issuance of bonds
(a) Each municipality and joint agency is hereby authorized to issue at one time or from time to time its bonds for the purpose...
N.C. Gen. Stat. § 159B-16. Resolution or trust agreement
In the discretion of the governing board of the issuer, any bonds issued under the provisions of this Chapter may be secured by a...
N.C. Gen. Stat. § 159B-16.1. Revenues - NCEMPA members
(a) A municipality is hereby authorized to fix, charge and collect rents, rates, fees and charges for electric power and energy and other services,...
N.C. Gen. Stat. § 159B-17. Revenues - other municipalities
(a) A municipality is hereby authorized to fix, charge and collect rents, rates, fees and charges for electric power and energy and other services,...
N.C. Gen. Stat. § 159B-18. Trust funds; investment authority
(a) Notwithstanding any other provisions of law to the contrary, all moneys received pursuant to the authority of this Chapter, whether as proceeds from...
N.C. Gen. Stat. § 159B-19. Remedies
Any holder of bonds issued under the provisions of this Chapter or any of the coupons appertaining thereto, and the trustee under any trust...
N.C. Gen. Stat. § 159B-20. Status of bonds under Uniform Commercial Code
Whether or not the bonds and interest coupons appertaining thereto are of such form and character as to be investment securities under Article 8...
N.C. Gen. Stat. § 159B-21. Bonds eligible for investment
Bonds issued by a municipality or joint agency under the provisions of this Chapter are hereby made securities in which all public officers and...
N.C. Gen. Stat. § 159B-22. Agreement of the State
The State does hereby covenant and agree with the holders of any bonds that so long as any bonds of a municipality or joint...
N.C. Gen. Stat. § 159B-23. Limited liability
(a) Bonds shall be special obligations of the municipality or joint agency issuing them. The principal of, premium, if any, and interest on the...
N.C. Gen. Stat. § 159B-24. Approval and sale of bonds
Prior to the acquisition or the commencement of construction of any project consisting of a system or facilities for the generation of power and...
N.C. Gen. Stat. § 159B-25. Refunding bonds
(a) A municipality or joint agency is hereby authorized to provide by resolution for the issuance of refunding bonds of the municipality or joint...
N.C. Gen. Stat. § 159B-26. Tax exemption
Bonds shall at all times be free from taxation by the State or any political subdivision or any of their agencies, excepting inheritance or...
N.C. Gen. Stat. § 159B-27. Taxes; payments in lieu of taxes
(a) A project jointly owned by municipalities or owned by a joint agency shall be exempt from property taxes; provided, however, that each municipality...
N.C. Gen. Stat. § 159B-28. Personnel
Personnel employed or appointed by a municipality to work on a joint project or for a joint agency shall have the same authority, rights,...
N.C. Gen. Stat. § 159B-29. Dissolution of joint agencies
Whenever the governing board of a joint agency and the governing boards of its member municipalities shall by resolution or ordinance determine that the...
N.C. Gen. Stat. § 159B-30. Annual reports
Each joint agency shall, following the closing of each fiscal year, submit an annual report of its activities for the preceding year to the...
N.C. Gen. Stat. § 159B-30.1. Additional reports
Beginning March 1, 1996, and annually thereafter, each joint agency operating under the authority of Chapter 159B of the General Statutes shall file a...
N.C. Gen. Stat. § 159B-31. Legislative consent to the application of laws of other states
Legislative consent is hereby given (1) To the application of the laws of other states with respect to taxation, payments in lieu of taxes,...
N.C. Gen. Stat. § 159B-32. Government grants and loans
The governing board of any municipality or joint agency is hereby authorized to make application and to enter into contracts for and to accept...
N.C. Gen. Stat. § 159B-33. Eminent domain
Municipalities participating in a joint project and joint agencies shall possess the power of eminent domain to the extent and in the same manner...
N.C. Gen. Stat. § 159B-34. Liability and defense
(a) No commissioner or officer of any joint agency or municipality, or member of an executive committee created pursuant to G.S. 159B-10, or person...
N.C. Gen. Stat. § 159B-35. Additional method
The foregoing sections of this Chapter shall be deemed to provide an additional, alternative and complete method for the doing of the things authorized...
N.C. Gen. Stat. § 159B-36. Recodified as � 159B-52 by Session Laws 1983, c. 609, s. 8
N.C. Gen. Stat. § 159B-37. Actions relating to bonds or to security for bonds
Notwithstanding the general provisions concerning venue contained in Chapter 1, Subchapter IV, Article 7, or elsewhere in the General Statutes, any action or proceeding...
N.C. Gen. Stat. § 159B-38. Confidentiality of contract discussions
Discussions of a proposed or existing contract to which a joint agency may be or is a party for the construction, ownership, or operation...
N.C. Gen. Stat. § 159B-39. (Effective July 1, 2014) Permitted uses of revenue from electric power rates
(a) A municipality as authorized in this Chapter shall use revenue derived from rates for electric service to (i) pay the direct and indirect...
N.C. Gen. Stat. § 159B-40. Reserved for future codification purposes
N.C. Gen. Stat. § 159B-41. Reserved for future codification purposes

Article 3 - Joint Municipal Assistance Agencies.

N.C. Gen. Stat. § 159B-42. Joint municipal assistance agencies
The purpose of this Article is to authorize joint agencies or municipalities to form one or more joint municipal assistance agencies which shall be...
N.C. Gen. Stat. § 159B-43. Joint municipal assistance agencies authorized
(a) Any two or more joint agencies, or any two or more municipalities, may organize a joint municipal assistance agency, which shall be a...
N.C. Gen. Stat. § 159B-43.1. Alternative to board of commissioners
(a) In lieu of the provisions of G.S. 159B-43(c) through (i), a joint municipal assistance agency organized by two or more joint agencies, by...
N.C. Gen. Stat. § 159B-44. General powers of joint municipal assistance agencies and municipalities
Each joint municipal assistance agency shall have all of the rights and powers necessary or convenient to carry out and effectuate the purposes and...
N.C. Gen. Stat. § 159B-45. Dissolution
Whenever the governing board of a joint municipal assistance agency and the governing boards of its member joint agencies or municipalities shall by resolution...
N.C. Gen. Stat. § 159B-46. Reports, liability, and personnel
(a) Each joint municipal assistance agency shall, following the closing of each fiscal year, submit an annual report of its activities for the preceding...
N.C. Gen. Stat. § 159B-47. Defense
(a) The board of commissioners of a joint municipal assistance agency may provide for the defense of a criminal or civil proceeding brought against...
N.C. Gen. Stat. § 159B-48. Nonmunicipal members; constituent institutions of The University of North Carolina
Notwithstanding the provisions of Article 1 of Chapter 159B of the General Statutes or any other provision of law, any constituent institution of The...
N.C. Gen. Stat. § 159B-49. Associate members
Notwithstanding the provisions of Article 1 of Chapter 159B of the General Statutes or any other provision of law, a joint municipal assistance agency...
N.C. Gen. Stat. § 159B-50. Reserved for future codification purposes
N.C. Gen. Stat. § 159B-51. Reserved for future codification purposes

Article 4 - Construction.

N.C. Gen. Stat. § 159B-52. Chapter liberally construed
In order to effectuate the purposes and policies prescribed in this Chapter the provisions hereof shall be liberally construed. (1975, c. 186, s. 3;...

Last modified: March 23, 2014