AG 1997 10 20 - Laserfiche WebLink

Home Browse Search

.146 or have !isa §122C-147 SYSTEM FOR DEL/VERk~G SERVICES §122C-147 § 122C-147. Financing and title of area authority property. (a) Repealed by Session Laws 1993, c. 321, s. 220(i), (b) Unless otherwise specified by the Secretary, State appropria- tiens to area authorities shall be used exclusively for the operating costs of the area authority; provided however: (1) The Secretary may specify that designated State funds may be used by area authorities (i) for the purchase, alteration, improvement, or rehabilitation of real estate to be used as a facility or (ii) in congracting with a private, nonprofit corporation or with another governmental entity that op- erates facilities for the mentally ill, developmentally dis- abled, or substance abusers and according to the terms of the contract between the area authority and the private, nonprofit corporation or with the governmental entity, for the purchase, alteration, improvement, rehabilitation of real estate or, ~o make a lump sum down payment or periodic payments on a real property mortgage in the name of the private, nonprofit corporation or governmental en- tity. (2) Upon cessation of the use of the facility by the area authority, if operated by the area authority, or upon fermi- nation, default, or nonrenewal of the contract if operated by a contractmal agency, the Department shall be reimbursed in accordance with rules adopted by the Secretary for the Department's participation in the purchase of the facility. (c) All real property purchased for use by the area authority shall be provided by local or federal funds unless otherwise allowed under subsection (b) of this section or by specific capital funds appropri- ated by the General Assembly. The title to this real property and the authority to acquire it is held by the county where the property is . locate~L The authori to hold title ~o r 1 e d t au ho ' to ac ~ri s authorit to financeits 'th t~~-of comm~ssmners o t e count commissioners shall be b resolution of the board and ma ~ Real to_ e_~_ma notbea.c uired b means of an installment contra tc tin - . 1 -2 unless th -- --tie No deficiency judgment may be rendere against any unit of local goverm-nent in any action for breach of a contractual obligation authorized by this subsection, and the taxing power of a unit of local government is not and may not be pledged directly or indirectly to secure any moneys due under a contract authorized by this subsec- tion. (d) The area authority may lease real properS. (e) Equipment necessary for the operation of the area authority may be obtained with local, State, federal, or donated funds, or a combination of these. (f) The area authority may acquire or lease personal property. An acquisition may be accomplished by an installment contract under 57