reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16 - Public Enterprises. › § 160A-328 - Local government landfill liaison.

§ 160A-328. Local government landfill liaison.
(a) A city that has planning jurisdiction over any portion of the site of a sanitary landfill may employ a local government landfill liaison. No person who is responsible for any aspect of the management or operation of the landfill may serve as a local government landfill liaison. A local government landfill liaison shall have a right to enter public or private lands on which the landfill facility is located at reasonable times to inspect the landfill operation in order to:
(1) Ensure that the facility meets all local requirements.
(2) Identify and notify the Department of suspected violations of applicable federal or State laws, regulations, or rules.
(3) Identify and notify the Department of potentially hazardous conditions at the facility.
(b) Entry pursuant to this section shall not constitute a trespass or taking of property. (2007-550, s. 11(b). )
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16 - Public Enterprises. › § 160A-329 - Provision of municipal services to certain properties.

§ 160A-329. Provision of municipal services to certain properties.
(a) A municipality shall provide municipal services as defined under subsection (b) of this section to any property if that property owner submitted a petition for voluntary annexation under Article 4A of this Chapter, and the municipal governing board voted on an annexation ordinance for that property but the annexation ordinance failed of adoption. This section applies if the property owner (i) submits to the governing board a notice exercising the provisions of this section within 60 days of this section becoming law and (ii) agrees in writing to all the requirements contained in any utility extension agreement that was presented to the governing board at the same meeting as the annexation that failed of adoption. The municipal governing board may not impose more burdensome requirements or commitments on the property owner that are inconsistent with the requirements and commitments that are contained in the utility extension agreement.
(b) For purposes of this section, prior to the effective date of the annexation of the property, the term "municipal services" only means water and sewer services, but only if the municipality has water and sewer capacity. For purposes of this section, prior to or after the effective date of annexation into a municipality, for any property subject to a declaration of covenants, conditions, and restrictions of a subdivision that permits an association to enter into agreement with utility providers prior to July 1, 2014, "municipal services" includes water service but not sewer service despite any language to the contrary in an executed and recorded utility extension agreement. For purposes of this section, prior to the effective date of annexation, the term "municipal services" specifically does not include any of the following services of the municipality: police protection, fire protection, solid waste services, or street maintenance services.
(c) Requirements and commitments contained in the utility extension agreement that was presented to the governing board at the same meeting as the annexation ordinance that failed of adoption shall continue as obligations of the agreement unless the city council relieves the property owner of the requirement or commitment. Those requirements and commitments include, but are not limited to, the committed elements of a development plan in a zoning map case approved by the county where the property is located. (2013-386, s. 1; 2014-47, s. 2.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16 - Public Enterprises. › § 160A-333 - Temporary electric service.

§ 160A-333. Temporary electric service.
No electric supplier shall furnish temporary electric service for the construction of premises which it would not have the right to serve under this Part if such premises were already constructed. The construction of lines for, and the furnishing of, temporary electric service for the construction of premises which any other electric supplier, if chosen by the consumer, would have the right to serve if such premises were already constructed, shall not impair the right of such other electric supplier to furnish service to such premises after the construction thereof, if then chosen by the consumer; nor, unless the consumer chooses to have such premises served by the supplier that furnished the temporary service, shall the furnishing of such temporary service or the construction of a line therefor impair the right of any other electric supplier to furnish service to any other premises which, without regard to the construction of such temporary service line, it has the right to serve. (1965, c. 287, s. 1; 1971, c. 698, s. 1; 1973, c. 426, s. 53.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16 - Public Enterprises. › § 160A-334 - Authority and jurisdiction of Utilities Commission.

§ 160A-334. Authority and jurisdiction of Utilities Commission.
Notwithstanding G.S. 160A-332 and 160A-333, if the North Carolina Utilities Commission finds that service being furnished to or to be furnished to the consumer by a secondary supplier is or will be inadequate or undependable, or that rates, conditions of service or service regulations, applied to such consumer, are unreasonably discriminatory, the Commission shall have the authority and jurisdiction, after notice to each affected electric supplier, and after hearing, if a hearing is requested by an interested party, to:
(1) Order a primary supplier that is subject to the jurisdiction of the Commission to furnish electric service to any consumer who desires service from the primary supplier at any premises served by a secondary supplier, or at premises which a secondary supplier has the right to serve pursuant to other sections of this Part, and to order such secondary supplier to cease and desist from furnishing electric service to such premises, or
(2) Order any secondary supplier to cease and desist from furnishing electric service to any premises being served by it or to any premises which it has the right to serve pursuant to other sections of this Part, if the consumer desires service from a primary supplier that is not subject to the jurisdiction of the Commission and which is willing to furnish service to such premises. (1965, c. 287, s. 1; 1971, c. 698, s. 1; 1973, c. 426, s. 54.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16 - Public Enterprises. › § 160A-335 - Discontinuance of service and transfer of facilities by secondary supplier.

§ 160A-335. Discontinuance of service and transfer of facilities by secondary supplier.
A secondary supplier may voluntarily discontinue its service to any premises and remove any of its electric facilities located inside the corporate limits of a city or sell and transfer such facilities to a primary supplier in such city, subject to approval by the North Carolina Utilities Commission, if the Commission determines that the public interest will not thereby be adversely affected. (1965, c. 287, s. 1; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16 - Public Enterprises. › § 160A-336 - Electric service for city facilities.

§ 160A-336. Electric service for city facilities.
No provisions of this Part shall prevent a city that is a primary supplier from furnishing its own electric service for city facilities, or prevent any other primary supplier from furnishing electric street lighting service to a city inside its corporate limits. (1965, c. 287, s. 1; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16 - Public Enterprises. › § 160A-337 - Effect of Part on rights and duties of primary supplier.

§ 160A-337. Effect of Part on rights and duties of primary supplier.
Except for the rights granted to and restrictions upon primary suppliers contained in the provisions of this Part, nothing in this Part shall diminish, enlarge, alter, or affect in any way the rights and duties of a primary supplier to furnish electric service to premises within the corporate limits of a city. (1965, c. 287, s. 1; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16 - Public Enterprises. › § 160A-338 - Electric suppliers subject to police power.

§ 160A-338. Electric suppliers subject to police power.
No provisions of this Part shall restrict the exercise of the police power of a city over the erection and maintenance of poles, wires, and other facilities of electric suppliers in streets, alleys, and other public ways. (1965, c. 287, s. 1; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16A - Provision of Communications Service by Cities. › § 160A-340 - Definitions.

§ 160A-340. Definitions.
The following definitions apply in this Article:
(1) City-owned communications service provider. – A city that provides communications service using a communications network, whether directly, indirectly, or through an interlocal agreement or a joint agency.
(2) Communications network. – A wired or wireless network for the provision of communications service.
(3) Communications service. – The provision of cable, video programming, telecommunications, broadband, or high-speed Internet access service to the public, or any sector of the public, for a fee, regardless of the technology used to deliver the service. The terms "cable service," "telecommunications service," and "video programming service" have the same meanings as in G.S. 105-164.3. The following is not considered the provision of communications service:
a. The sharing of data or voice between governmental entities for internal governmental purposes.
b. The remote reading or polling of data from utility or parking meters, or the provisioning of energy demand reduction or smart grid services for an electric, water, or sewer system.
c. The provision of free services to the public or a subset thereof.
(4) High-speed Internet access service. – Internet access service with transmission speeds that are equal to or greater than the requirements for basic broadband tier 1 service as defined by the Federal Communications Commission for broadband data gathering and reporting.
(5) Interlocal agreement. – An agreement between units of local government as authorized by Part 1 of Article 20 of Chapter 160A of the General Statutes.
(6) Joint agency. – A joint agency created under Part 1 of Article 20 of Chapter 160A of the General Statutes. (2011-84, s. 1(a).)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16A - Provision of Communications Service by Cities. › § 160A-340.3 - Notice; public hearing.

§ 160A-340.3. Notice; public hearing.
A city or joint agency that proposes to provide communications service shall hold not fewer than two public hearings, which shall be held not less than 30 days apart, for the purpose of gathering information and comment. Notice of the hearings shall be published at least once a week for four consecutive weeks in the predominant newspaper of general circulation in the area in which the city is located. The notice shall also be provided to the North Carolina Utilities Commission, which shall post the notice on its Web site, and to all companies that have requested service of the notices from the city clerk. The city shall deposit the notice in the U.S. mail to companies that have requested notice at least 45 days prior to the hearing subject to the notice. Private communications service providers shall be permitted to participate fully in the public hearings by presenting testimony and documentation relevant to their service offerings and the city's plans. Any feasibility study, business plan, or public survey conducted or prepared by the city in connection with the proposed communications service project is a public record as defined by G.S. 132-1 and shall be made available to the public prior to the public hearings required by this section. This section does not apply to the repair, rebuilding, replacement, or improvement of an existing communications network, or equipment relating thereto. (2011-84, s. 1(a).)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16A - Provision of Communications Service by Cities. › § 160A-340.4 - Financing.

§ 160A-340.4. Financing.
(a) A city or joint agency subject to the provisions of G.S. 160A-340.1 shall not enter into a contract under G.S. 160A-19 or G.S. 160A-20 to purchase or to finance the purchase of property for use in a communications network or to finance the construction of fixtures or improvements for use in a communications network unless it complies with subsection (b) of this section. The provisions of this section shall not apply to the repair, rebuilding, replacement, or improvement of an existing communications network, or equipment relating thereto.
(b) A city shall not incur debt for the purpose of constructing a communications system without first holding a special election under G.S. 163-297 on the question of whether the city may provide communications service. If a majority of the votes cast in the special election are for the city providing communications service, the city may incur the debt for the service. If a majority of the votes cast in the special election are against the city providing communications service, the city shall not incur the debt. However, nothing in this section shall prohibit a city from revising its plan to offer communications service and calling another special election on the question prior to providing or offering to provide the service. A special election required under Chapter 159 of the General Statutes as a condition to the issuance of bonds shall satisfy the requirements of this section. (2011-84, s. 1(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 16A - Provision of Communications Service by Cities. › § 160A-340.5 - Taxes; payments in lieu of taxes.

§ 160A-340.5. Taxes; payments in lieu of taxes.
(a) A communications network owned or operated by a city or joint agency shall be exempt from property taxes. However, each city possessing an ownership share of a communications network and a joint agency owning a communications network shall, in lieu of property taxes, pay to any county authorized to levy property taxes the amount which would be assessed as taxes on real and personal property if the communications network were otherwise subject to valuation and assessment. Any payments in lieu of taxes shall be due and shall bear interest, if unpaid, as in the case of taxes on other property.
(b) A city-owned communications service provider shall pay to the State, on an annual basis, an amount in lieu of taxes that would otherwise be due the State if the communications service was provided by a private communications service provider, including State income, franchise, vehicle, motor fuel, and other similar taxes. The amount of the payment in lieu of taxes shall be set annually by the Department of Revenue and shall approximate the taxes that would be due if the communications service was undertaken by a private communications service provider. A city-owned communications service provider must provide information requested by the Secretary of Revenue necessary for calculation of the assessment. The Department must inform each city-owned communications service provider of the amount of the assessment by January 1 of each year. The assessment is due by March 15 of each year. If the assessment is unpaid, the State may withhold the amount due, including interest on late payments, from distributions otherwise due the city under G.S. 105-164.44I.
(c) A city-owned communications service provider or a joint agency that provides communications service shall not be eligible for a refund under G.S. 105-164.14(c) for sales and use taxes paid on purchases of tangible personal property and services related to the provision of communications service, except to the extent a private communications service provider would be exempt from taxation. (2011-84, s. 1(a).)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17 - Cemeteries. › § 160A-341 - Authority to establish and operate cemeteries.

§ 160A-341. Authority to establish and operate cemeteries.
A city shall have authority to establish, operate, and maintain cemeteries either inside or outside its corporate limits, may acquire and hold real and personal property for cemetery purposes by gift, purchase, or (for real property) by exercise of the power of eminent domain, may devote any property owned by the city to use as a cemetery, may prohibit burials at any place within the city other than city cemeteries, and may regulate the manner of burial in city cemeteries. Nothing in this section shall confer upon any city authority to prohibit or regulate burials in cemeteries licensed by the State Burial Association Commissioner, or in church cemeteries.
As used in this Article "cemetery" includes columbariums and facilities for cremation. (1917, c. 136, subch. 5, s. 1; 1919, cc. 136, 237; C.S., s. 2787; 1969, c. 402; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17 - Cemeteries. › § 160A-342 - Authority to transfer cemeteries.

§ 160A-342. Authority to transfer cemeteries.
A city may transfer and convey any city cemetery property, together with any accumulated perpetual care trust funds set aside for the maintenance of the cemetery, to any religious organization or cemetery licensed by the State Burial Association Commissioner, upon condition that the transferee will continue use of the property as a cemetery, will perpetually maintain it, and will apply any perpetual care trust funds so transferred only for maintenance of the cemetery. (1917, c. 136, subch. 5, s. 1; 1919, cc. 136, 237; C.S., s. 2787; 1969, c. 402; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17 - Cemeteries. › § 160A-343 - Authority to abandon cemeteries.

§ 160A-343. Authority to abandon cemeteries.
A city shall have authority to abandon any cemetery that has not been used for interment purposes within 10 years. Upon abandonment, all monuments, tombstones, and the contents of all graves within the cemetery shall be transferred at city expense to another city cemetery, or to a cemetery licensed by the State Burial Association Commissioner. After the transfer of monuments, tombstones, and the contents of graves, the city may take possession of, convey, or use the former cemetery property for any lawful purpose. (1917, c. 136, subch. 5, s. 1; 1919, cc. 136, 237; C.S., s. 2787; 1969, c. 402; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17 - Cemeteries. › § 160A-344 - Authority to assume control of abandoned cemeteries.

§ 160A-344. Authority to assume control of abandoned cemeteries.
(a) Whenever property not under the control or in the possession of any church or religious organization in any city has been heretofore set aside or used for cemetery purposes, and the trustees or owners named in the deed or deeds for the property have died, or are unknown, or the deeds of conveyance have been lost or misplaced and no record of title thereto has been found, and the property has been occupied and used for burial purposes for a time sufficient to identify its use as cemetery property, the city in which the cemetery is located is authorized to take possession of the land and any adjoining land not held by known claimants of title, have the property surveyed and lines established, and to designate and appropriate the property as a city cemetery.
(b) The city may have the land subdivided and laid off into family burial plots, may sell any of the unused lots so laid off to any person for burial purposes, and may use the proceeds of the sale for the improvement and upkeep of the cemetery.
(c) The city may appropriate and use funds for the improvement and maintenance of the cemetery, and all laws and ordinances applicable to city cemeteries shall apply to the cemetery from and after the date that the city assumes control of it. (1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17 - Cemeteries. › § 160A-345 - Authority to condemn cemeteries.

§ 160A-345. Authority to condemn cemeteries.
A city shall have authority to acquire title in fee simple by purchase or exercise of the power of eminent domain to any cemetery, graveyard, or burial place within the city and to operate and maintain the property so acquired as a city cemetery. This section shall not apply to a cemetery licensed by the North Carolina State Burial Association Commissioner, nor to property owned or controlled by any church or religious organization, unless the owner of the property consents to the acquisition. (1951, c. 385, s. 1; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17 - Cemeteries. › § 160A-346 - Authority to condemn easements for perpetual care.

§ 160A-346. Authority to condemn easements for perpetual care.
A city shall have authority to acquire an easement for perpetual care by gift, grant, purchase, or exercise of the power of eminent domain in any cemetery, graveyard, or burial place within the city. When a perpetual care easement is acquired under this section, all city ordinances concerning the care and upkeep of city cemeteries shall be applicable to the cemetery, and the income from city perpetual care trust funds may be used to care for and maintain the cemetery. This section shall not apply to a cemetery licensed by the North Carolina State Burial Association Commissioner or to property owned or controlled by any church or religious organization unless the owner of the property consents to the acquisition. (1951, c. 385, s. 2; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17 - Cemeteries. › § 160A-347 - Perpetual care trust funds.

§ 160A-347. Perpetual care trust funds.
(a) A city is authorized to create a perpetual care trust fund for any cemeteries under its ownership or control, to accept gifts, grants, and devises on behalf of the perpetual care trust fund, to deposit any revenues realized from the sale of lots in or the operation of city cemeteries in the perpetual care trust fund, and to hold and administer the trust fund for the purpose of perpetually caring for and beautifying the city's cemeteries. The city may make contracts with the owners of plots in city cemeteries obligating the city to maintain the plots in perpetuity upon payment of such sums as the council may fix.
(b) The principal of perpetual care trust funds shall be held intact, and the income from such funds shall be used to carry out contracts with plot owners for the perpetual care of the plots, and to maintain and perpetually care for the cemetery.
(c) Perpetual care trust funds shall be kept separate and apart from all other city funds, and shall in no case be appropriated by, lent to, or in any manner used by the city for any purpose other than the perpetual care of city cemeteries. (1917, c. 136, subch. 9, s. 1; C.S., ss. 2810, 2811, 2812; 1927, c. 254; 1971, c. 698, s. 1; 2011-284, s. 113.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17 - Cemeteries. › § 160A-348 - Regulation of city cemeteries.

§ 160A-348. Regulation of city cemeteries.
A city may by ordinance adopt rules and regulations concerning the opening of graves, the erection of tombstones and monuments, the building of walls and fences, the hours of opening and closing and all other matters concerning the use, operation, and maintenance of city cemeteries. The ordinance may impose a schedule of prices for lots and fees for the opening of graves in the cemetery, but it may not require the owners of plots to purchase monuments, vaults, or other items from the city. (1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.1 - Creation of board authorized; official title; terms of office; vacancies.

§ 160A-349.1. Creation of board authorized; official title; terms of office; vacancies.
The governing body of any municipal corporation which now owns or shall hereafter own a cemetery is authorized, if it is deemed proper, to create a board composed of not less than three nor more than five persons, to be known as "Cemetery Trustees of the Town or City of________, North Carolina"; shall fix the term of office of each member, in no case to exceed five years, and in case of any vacancy by death, resignation or otherwise, elect a successor. (Pub. Loc. 1923, c. 583, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.2 - Members to meet and organize; meetings; bond of secretary and treasurer; record of proceedings.

§ 160A-349.2. Members to meet and organize; meetings; bond of secretary and treasurer; record of proceedings.
The members of said board, when properly elected, shall within 30 days after notice of their election convene and designate one of their number chairman, one secretary and treasurer, and provide for regular meetings at such times as the said board shall fix; it shall also fix the bond to be given by the secretary and treasurer, conditioned for the faithful accounting of all moneys which shall come into his hands; shall provide for special meetings, and shall cause the secretary to keep a record of its proceedings. (Pub. Loc. 1923, c. 583, s. 2.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.3 - Property vested.

§ 160A-349.3. Property vested.
Upon the creation of such board the title to all property held by the town or city and used for cemetery purposes shall pass to and vest in said board, subject to the same limitations, conditions and restrictions as it was held by the town or city; provided, that the governing body of the town or city may at any time by resolution direct that title to such property shall pass to and vest in the town or city itself, and in such event it shall be the duty of the board and its officers to execute all necessary documents to effect such transfer and vesting. (Pub. Loc. 1923, c. 583, s. 3; 1979, 2nd Sess., c. 1247, s. 30.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.4 - Control and management; superintendent and assistants; enumeration of powers.

§ 160A-349.4. Control and management; superintendent and assistants; enumeration of powers.
The said board shall have the exclusive control and management of such cemetery; shall have the power to employ a superintendent and such assistants as may be needed, and may do any and all things pertaining to the control, maintenance, management and upkeep of the cemetery which the governing body of the town or city could have done, or which by law the governing body of the town or city shall hereafter be authorized to do. (Pub. Loc. 1923, c. 583, s. 4.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.5 - Rules continued in force.

§ 160A-349.5. Rules continued in force.
All rules and regulations heretofore adopted by the town or city for the control, upkeep, management, and maintenance, as well as policing of the cemetery, shall continue in force and effect until and after the said board shall have changed the same as herein provided for. (Pub. Loc. 1923, c. 583, s. 5.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.6 - Rules for maintaining order and policing; force of rules; copy to governing body; publication.

§ 160A-349.6. Rules for maintaining order and policing; force of rules; copy to governing body; publication.
The said board shall have power to adopt rules and regulations for maintaining order in the cemetery and policing the same, and such rules and regulations, when adopted, shall have the same force and effect as ordinances adopted and passed by the governing body of the town or city. When any such rules and regulations shall be adopted the secretary of the board shall transmit a copy thereof to the governing body of the town or city, and shall cause a copy to be published in some newspaper published in the town or city, and the said rules and regulations shall be in force and effect 10 days after their publication. (Pub. Loc. 1923, c. 583, s. 6.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.7 - Presentation of budget; details of budget; appropriation; payment to board.

§ 160A-349.7. Presentation of budget; details of budget; appropriation; payment to board.
Thirty days prior to the adoption of the annual budget by the governing body of the town or city, the said trustees shall present to such governing body a budget for the ensuing year, in which said budget there shall be set out in detail an accurate account of the receipts and expenditures of the board for the previous year, the estimated expense for the ensuing year, the estimated source of income from all sources, other than appropriation by the governing body of the town or city, any balance on hand, and such other information as the said trustees may think proper; and the said governing body of the town or city shall in the annual budget include such appropriation as it deems proper for the care and maintenance of the said cemetery for the ensuing year, which shall be paid over to the board of trustees in monthly installments.
For purposes of the Local Government Budget and Fiscal Control Act (Chapter 159, Subchapter III), the board of trustees of a cemetery is a board of the municipal corporation establishing the board of trustees and is not a public authority as defined by G.S. 159-7. (Pub. Loc. 1923, c. 583, s. 7; 1971, c. 780, s. 37.3; 1973, c. 474, s. 31; 1979, 2nd Sess., c. 1247, s. 31.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.8 - Commissioners to obtain maps, plats and deeds; list of lots sold and owners; surveys and plats to be made; additional lots, streets, walks and parkways; price of lots; regulation of sale of lots.

§ 160A-349.8. Commissioners to obtain maps, plats and deeds; list of lots sold and owners; surveys and plats to be made; additional lots, streets, walks and parkways; price of lots; regulation of sale of lots.
The board of trustees shall obtain from the governing body all maps, plats, deeds and other evidences relating to the lands, lots and property of the cemetery; they shall also obtain from the governing body of the town or city, as nearly as possible, an accurate list of the lots theretofore sold, together with the names of the owners thereof. The said board of trustees shall from time to time cause surveys to be made, maps and plats prepared, laying out additional lots, streets, paths, walks and parkways; shall fix a price at which such lots shall be sold, which price may from time to time, in the discretion of the board, be changed; shall adopt rules and regulations as to the sale of said lots and deliver to the purchaser or purchasers deed or evidences of title thereto. (Pub. Loc. 1923, c. 583, s. 8.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.9 - Power to acquire land; adjacent property; disposal of money from lot sales; investments; income from investment.

§ 160A-349.9. Power to acquire land; adjacent property; disposal of money from lot sales; investments; income from investment.
The said board shall have the power to acquire additional lands for cemetery purposes, either by purchase or otherwise. In making such additional acquisitions of property, if possible, they shall acquire adjacent property; all moneys received from the sale of lots shall be held by the board of trustees intact and used for the purchase of additional lands; to beautify and otherwise maintain and keep the present property and the future acquired property. The board may, if it seems best to it, invest the said money in good, interest-bearing securities, payable to the said board, and the income derived therefrom shall be by the board used in the beautifying, maintenance and upkeep of the cemetery or cemeteries under its control. (Pub. Loc. 1923, c. 583, s. 9.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.10 - Power to condemn land; procedure for condemnation; board incorporated.

§ 160A-349.10. Power to condemn land; procedure for condemnation; board incorporated.
If it becomes necessary to acquire additional lands for cemetery purposes and the board cannot agree with the owners upon the price thereof, the board shall have the power to condemn the lands for cemetery purposes, and in so doing the provisions of Chapter 40A of the General Statutes shall be followed as nearly as possible, and to that end, and for that purpose, the board of trustees of any cemetery acquired under this Article shall be deemed and considered a corporation and a body politic. (Pub. Loc. 1923, c. 583, s. 10; 2001-487, s. 38(i).)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.11 - Price of lands included in budget.

§ 160A-349.11. Price of lands included in budget.
If any lands are acquired by purchase or condemnation for cemetery purposes and the board of trustees shall not have sufficient funds with which to pay for the same, the amount necessary shall be included in their budget request, and the governing body of any town or city may make an appropriation to complete the purchase. (Pub. Loc. 1923, c. 583, s. 11; 1979, 2nd Sess., c. 1247, s. 32.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.12 - Power to accept gifts; exclusive use of gifts.

§ 160A-349.12. Power to accept gifts; exclusive use of gifts.
The board of trustees of any cemetery shall have the power to accept gifts, either by devise or otherwise, and hold the same for the purposes expressed in the gift, and any monies coming into the hands of such board by devise or otherwise shall be by the board used exclusively for the purposes for which it is given. (Pub. Loc. 1923, c. 583, s. 12; 2011-284, s. 114.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.13 - Sale of unnecessary property.

§ 160A-349.13. Sale of unnecessary property.
The board of trustees of any cemetery, created pursuant to this Article, shall have the power to sell at public auction, as provided by G.S. 160-59, any real property, title to which is held by it, which it shall determine to be unfit or unnecessary for cemetery purposes, except when such sale would violate the terms of any deed, gift or trust pursuant to which the property proposed to be sold was acquired. Any such sales and conveyances heretofore made by any such board of trustees are hereby validated. (1951, c. 87.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.14 - Exercise of powers subject to approval.

§ 160A-349.14. Exercise of powers subject to approval.
The board may not act to acquire or sell land pursuant to G.S. 160A-349.9, G.S. 160A-349.10, or G.S. 160A-349.13 unless such action was approved in advance by the governing body of the town or city. (1979, 2nd Sess., c. 1247, s. 33.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 17A - Cemetery Trustees. › § 160A-349.15 - Termination.

§ 160A-349.15. Termination.
The governing body of the town or city shall have the authority to terminate the existence of the board at any time. In the event of such termination, all property and assets of the board shall automatically become the property of the town or city and the town or city shall succeed to all rights, obligations and liabilities of the board. Further, in the event of such termination, it shall be the duty of the board and its officers to execute all necessary documents to effect the transfer of property and assets to the town or city. (1979, 2nd Sess., c. 1247, s. 34.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 18 - Parks and Recreation. › § 160A-351 - Declaration of State policy.

§ 160A-351. Declaration of State policy.
The lack of adequate recreational programs and facilities is a menace to the morals, happiness, and welfare of the people of this State. Making available recreational opportunities for citizens of all ages is a subject of general interest and concern, and a function requiring appropriate action by both State and local government. The General Assembly therefore declares that the public good and the general welfare of the citizens of this State require adequate recreation programs, that the creation, establishment, and operation of parks and recreation programs is a proper governmental function, and that it is the policy of North Carolina to forever encourage, foster, and provide these facilities and programs for all its citizens. (1945, c. 1052; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 18 - Parks and Recreation. › § 160A-352 - Recreation defined.

§ 160A-352. Recreation defined.
"Recreation" means activities that are diversionary in character and aid in promoting entertainment, pleasure, relaxation, instruction, and other physical, mental, and cultural development and leisure time experiences. (1945, c. 1052; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 18 - Parks and Recreation. › § 160A-353 - Powers.

§ 160A-353. Powers.
In addition to any other powers it may possess to provide for the general welfare of its citizens, each county and city in this State shall have authority to:
(1) Establish and conduct a system of supervised recreation;
(2) Set apart lands and buildings for parks, playgrounds, recreational centers, and other recreational programs and facilities;
(3) Acquire real property, either within or without the corporate limits of the city or the boundaries of the county, including water and air rights, for parks and recreation programs and facilities by gift, grant, purchase, lease, exercise of the power of eminent domain, or any other lawful method.
(4) Provide, acquire, construct, equip, operate, and maintain parks, playgrounds, recreation centers, and recreation facilities, including all buildings, structures, and equipment necessary or useful in connection therewith;
(5) Appropriate funds to carry out the provisions of this Article;
(6) Accept any gift, grant, lease, loan, or devise of real or personal property for parks and recreation programs. Devises and gifts may be accepted and held subject to such terms and conditions as may be imposed by the grantor or trustor, except that no county or city may accept or administer any terms that require it to discriminate among its citizens on the basis of race, sex, or religion. (1945, c. 1052; 1971, c. 698, s. 1; 1973, c. 426, s. 55; 2011-284, s. 115.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 18 - Parks and Recreation. › § 160A-354 - Administration of parks and recreation programs.

§ 160A-354. Administration of parks and recreation programs.
A city or county may operate a parks and recreation system as a line department, or it may create a parks and recreation commission and vest in it authority to operate the parks and recreation system. (1945, c. 1052; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 18 - Parks and Recreation. › § 160A-355 - Joint parks and recreation systems.

§ 160A-355. Joint parks and recreation systems.
Any two or more units of local government may cooperate in establishing parks and recreation systems as authorized in Article 20, Part 1, of this Chapter. (1945, c. 1052; 1967, c. 1228; 1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 18 - Parks and Recreation. › § 160A-356 - Financing parks and recreation.

§ 160A-356. Financing parks and recreation.
Each county and city is authorized to expend for its parks and recreation system any of its revenues not otherwise limited as to use by law. (1945, c. 1052; 1971, c. 698, s. 1; 1975, c. 664, s. 12.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 20 - Interlocal Cooperation. › § 160A-460 - Definitions.

§ 160A-460. Definitions.
The words defined in this section shall have the meanings indicated when used in this Part:
(1) "Undertaking" means the joint exercise by two or more units of local government, or the contractual exercise by one unit for one or more other units, of any power, function, public enterprise, right, privilege, or immunity of local government.
(2) "Unit," or "unit of local government" means a county, city, consolidated city-county, local board of education, sanitary district, facility authority created under Part 4 of this Article, special district created under Article 43 of Chapter 105 of the General Statutes, or other local political subdivision, authority, or agency of local government. (1971, c. 698, s. 1; 1975, c. 821, s. 4; 1979, c. 774, s. 1; 1981, c. 641; 1995, c. 458, s. 3; 2009-527, s. 2(f).)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 20 - Interlocal Cooperation. › § 160A-461 - Interlocal cooperation authorized.

§ 160A-461. Interlocal cooperation authorized.
Any unit of local government in this State and any one or more other units of local government in this State or any other state (to the extent permitted by the laws of the other state) may enter into contracts or agreements with each other in order to execute any undertaking. The contracts and agreements shall be of reasonable duration, as determined by the participating units, and shall be ratified by resolution of the governing board of each unit spread upon its minutes. (1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 20 - Interlocal Cooperation. › § 160A-462 - Joint agencies.

§ 160A-462. Joint agencies.
(a) Units agreeing to an undertaking may establish a joint agency charged with any or all of the responsibility for the undertaking. The units may confer on the joint agency any power, duty, right, or function needed for the execution of the undertaking, except that legal title to all real property necessary to the undertaking shall be held by the participating units individually, or jointly as tenants in common, in such manner and proportion as they may determine.
(b) The participating units may appropriate funds to the joint agency on the basis of an annual budget recommended by the agency and submitted to the governing board of each unit for approval. (1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 20 - Interlocal Cooperation. › § 160A-463 - Personnel.

§ 160A-463. Personnel.
(a) The units may agree that any joint agency established under G.S. 160A-462 shall appoint the officers, agents, and employees necessary to execute the undertaking, or that the units jointly shall appoint these personnel, or that one of the units shall appoint the personnel with their services contracted for by the other units or by the joint agency. If the units determine that one unit shall appoint the personnel, the agreement shall provide that the jurisdiction, authority, rights, privileges, and immunities (including coverage under the workers' compensation laws) which the officers, agents, and employees of the appointing unit enjoy within the territory of that unit shall also be enjoyed by them outside its territory when they are acting pursuant to the agreement and within the scope of their authority or the course of their employment.
(b) When the subject of an undertaking is a sovereign function of government, the exercise of which has been delegated to an officer of each participating unit, the agreement may provide that one officer shall exercise the function for all the participating units, with all of the powers, duties, and obligations that an officer exercising the function in a single unit would have. (1971, c. 698, s. 1; 1991, c. 636, s. 3.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 20 - Interlocal Cooperation. › § 160A-464 - Provisions of the agreement.

§ 160A-464. Provisions of the agreement.
Any contract or agreement establishing an undertaking shall specify:
(1) The purpose or purposes of the contract or agreement;
(2) The duration of the agreement;
(3) If a joint agency is established, its composition, organization, and nature, together with the powers conferred on it;
(4) The manner of appointing the personnel necessary to the execution of the undertaking;
(5) The method of financing the undertaking, including the apportionment of costs and revenues;
(6) The formula for ownership of real property involved in the undertaking, and procedures for the disposition of such property when the contract or agreement expires or is terminated;
(7) Methods for amending the contract or agreement;
(8) Methods for terminating the contract or agreement;
(9) Any other necessary or proper matter. (1971, c. 698, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 20 - Interlocal Cooperation. › § 160A-466 - Revenue and expenditures for joint undertakings.

§ 160A-466. Revenue and expenditures for joint undertakings.
When two or more units of local government are engaged in a joint undertaking, they may enter into agreements regarding financing, expenditures, and revenues related to the joint undertaking. Funds collected by any participating unit of government may be transferred to and expended by any other unit of government in a manner consistent with the agreement. An agreement regarding expenses and revenues may be of reasonable duration not to exceed 99 years. (2003-417, s. 1.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 20 - Interlocal Cooperation. › § 160A-470 - Creation of regional councils; definition of "unit of local government".

§ 160A-470. Creation of regional councils; definition of "unit of local government".
(a) Any two or more units of local government may create a regional council of governments by adopting identical concurrent resolutions to that effect in accordance with the provisions and procedures of this Part. To the extent permitted by the laws of its state, a local government in a state adjoining North Carolina may participate in regional councils of governments organized under this Part to the same extent as if it were located in this State. The concurrent resolutions creating a regional council of governments, and any amendments thereto, will be referred to in this Part as the "charter" of the regional council.
(b) For the purposes of this Part, "unit of local government" means a county, city, or consolidated city-county. (1971, c. 698, s. 1; 1973, c. 426, s. 71.)
2023 North Carolina General Statutes › Chapter 160A - Cities and Towns › Article 20 - Interlocal Cooperation. › § 160A-471 - Membership.

§ 160A-471. Membership.
Each unit of local government initially adopting a concurrent resolution under G.S. 160A-470 shall become a member of the regional council. Thereafter, any local government may join the regional council by ratifying its charter and by being admitted by a majority vote of the existing members. All of the rights and privileges of membership in a regional council of governments shall be exercised on behalf of its member governments by their delegates to the council. (1971, c. 698, s. 1; 1973, c. 426, s. 72.)