North Carolina General Statutes 159-41. Special regulations pertaining to joint municipal power agencies
(a) For the purposes of this Part, “joint agency” means a public body corporate and politic organized in accordance with the provisions of Chapter 159B, or the combination or recombination of any joint agencies so organized.
(b) Except as provided in this Part, none of the provisions of Article 3 of this Chapter shall apply to joint agencies. Whenever the provisions of this Part and the provisions of Chapter 159B of the N.C. Gen. Stat. shall conflict, the provisions of Chapter 159B shall govern.
(c) Each joint agency shall operate under an annual balanced budget resolution adopted by the governing board and entered into the minutes. A budget is balanced when the sum of the appropriations is equal to the sum of estimated net revenues and appropriated fund balances. The budget resolution of a joint agency shall cover a fiscal year beginning January 1 and ending December 31, except that the Local Government Commission, if it determines that a different fiscal year would facilitate the agency’s financial operations, may enter an order permitting an agency to operate under a fiscal year other than from January 1 to December 31.
(d) The following directions and limitations shall bind the governing board in adopting the budget resolution:
(1) The full amount estimated by the finance officer to be required for debt service during the budget year shall be appropriated.
Terms Used In North Carolina General Statutes 159-41
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Budget: is a proposed plan for raising and spending money for specified programs, functions, activities or objectives during a fiscal year. See North Carolina General Statutes 159-7
- Budget resolution: Legislation in the form of a concurrent resolution setting forth the budget. The budget resolution establishes various budget totals, divides spending totals into functional categories (e.g., transportation), and may include reconciliation instructions to designated committees.
- Commission: means the Local Government Commission. See North Carolina General Statutes 159-1
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Fund: is a fiscal and accounting entity with a self-balancing set of accounts recording cash and other resources, together with all related liabilities and residual equities or balances, and changes therein, for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations. See North Carolina General Statutes 159-7
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- local government: is a municipal corporation that is not subject to the State Budget Act (Chapter 143C of the N. See North Carolina General Statutes 159-7
(2) The full amount of any deficit in each fund shall be appropriated.
(3) Sufficient funds to meet the amounts to be paid during the fiscal year under continuing contracts previously entered into shall be appropriated.
(4) The sum of estimated net revenue and appropriated fund balance in each fund shall be equal to appropriations in that fund. Appropriated fund balances in a fund shall not exceed the sum of cash and investments minus the sum of liabilities, encumbrances, and deferred revenue, as those figures stand at the close of the fiscal year preceding the budget year.
(e) The governing board of the joint agency may amend the budget resolution at any time after its adoption and may authorize its designated finance officer to transfer moneys from one appropriation to another, subject to such limitations and procedures as it may prescribe. All such transfers will be reported to the governing board or its executive committee at its next regular meeting and shall be entered in the minutes.
(f) Joint agencies are subject to the following sections of Article 3 of this Chapter, to the same extent as a “public authority,” provided, however, the term “budget ordinance” as used in such sections shall be interpreted for the purposes of this Part to mean the budget resolution of a joint agency:
(1) N.C. Gen. Stat. § 159-9, provided, however, that the governing board of an agency may designate as budget officer someone other than a member of the governing board or an officer or employee of the agency.
(2) N.C. Gen. Stat. § 159-12, provided, however, that the provision relating to making the budget available to the news media of a county shall not apply to a joint agency.
(3) N.C. Gen. Stat. § 159-13.2
(8) N.C. Gen. Stat. § 159-22, provided, however, that the provision restricting transfers to funds maintained pursuant to N.C. Gen. Stat. § 159-13(a) shall not apply to a joint agency.
(13) N.C. Gen. Stat. § 159-28.1