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§162A-87 3
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<br />ART 6. COUNTY DISTRICTS
<br />
<br />§162A-88
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<br />other indebtedness by the private person. If the district is owed any assess-
<br />ments, then the private person may collect the assessment under the same
<br />procedures as.if it was the district. The Utilities Commission shall hold a
<br />public hearing before adopting a resolution abolishing a district. Notice of the
<br />hearing shall state the date, hour, and place of the. hearing and its subject, and
<br />shall be published at least once not less than one week before the date of the
<br />heanng The abolition of any water and sewer district shall take effect at the
<br />end of a fiscal year of the district following passage of the resolution, as
<br />determined by the Utilities Commisston. This subsection apphes only to a
<br />county water and sewer district created under G.S. 162A-86(bl).
<br /> (d) Any resolution of abolition adopted under this section on or after the
<br />effective date of thts section shall be filed with the Secretary of State. (1985, c.
<br />627, s. 2; 1993 (Reg. Sess., 1994), c. 696, s. 4; c. 714, s. 4 )
<br />
<br />§ 162A-87.3. Services outside the district.
<br /> (a) k county water and sewer district may provide water or sewer services,
<br />or both, to customers outside the district, but in no case shall the county water
<br />and sewer district be held liable for damages to those outside the district for
<br />failure to furnish such services.
<br /> (b) A county water and sewer district may provide a different schedule of
<br /> rents, rates, fees, and charges for services provided outside the district.
<br /> (c) k county water and sewer district may not extend service to customers
<br /> lying within the corporate limits of a city or sanitary district unless the
<br /> governing body of a city or sanitary district a~rees, by resolution, to the,
<br /> extension.
<br /> (d) A county water and sewer district may not extend service to customers
<br /> lying within another county unless the board of commissioners of thkt county
<br /> agTees, by resolution, to the extension. (1989, c. 726,.s. 1.)
<br />
<br /> § 162A-88. District is a municipal corporation.
<br /> The inhabitants of a county water and sewer district created pursuant to
<br /> this Article are a body corporate and l~ohtic by the name specified by the board
<br /> of commissioners Under that name they are vested w~th all the prop?ty and
<br /> rights of property belonging to the corporation; have perpetual succession; may
<br /> sue and be sued; may contract and be contracted with; may acquire and hold.
<br /> any property, real and personal, devised, bequeathed, sold, or in any manner
<br /> conveyed, dedicated to, or otherwise acquired by them, and from time to time
<br /> may hold, revest, sell, or dispose of the same; may have a common seal and
<br /> alter and renew it at will, may establish, revise and collect rates, fees or other
<br /> charges and penaltms roi' the use of or the services furnished or to be furnished
<br /> by any sanitary sewer system, water system or sanitary sewer and water
<br /> system of the district; and may exercise those powers conferred on them by this
<br /> Article. (1977, c. 466, s. 1; 1979, c. 624, s. 5.)
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<br />CASE NOTES
<br />
<br /> Purpose. -- The very purpose of § 162A-88
<br />~s to c[ami~, that a county water and sewer
<br />d~stmct created pursuant to § 162A-86 ~s effec-
<br />tlvely a munlmpal corporation Homebuflders
<br />Ass'n v. City of Charlotte, 336 N C. 37, 442
<br />S.E 2d 45 (1994)
<br /> Broad Powers Granted to Water and
<br />Sewer Districts. -- The te~slature has
<br />granted broad powers to water and sewer dis-
<br />
<br />tracts, some of which are set forth m thru
<br />section. McNmll v. Hamett County, 327 N.C
<br />552, 398 S E.2d 475 (1990)
<br /> Powers Granted to Sewer District and
<br />County Under Chapter 153A, Article 15. --
<br />In addition to those powers granted to sewer
<br />distract in this section, county, as operator of a
<br />public enterpmse, ~s clothed w~th those powers
<br />set forth in Chapter 153A, Article 15, ~ncludmg
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