AG 1996 10 21 - Laserfiche WebLink

Home Browse Search

§122C-146 §122C-147 SYSTEM FOR DELIVERING SERVICES §122C-t47 eceipts and directly or Secretary. --' shall have a~ Commis- '~cteristics, · - or specific not idenQ fi! fy required sloss valid -- or legally ~i, s. 322 is a ;sion Laws ;repare fee e effort ;o king these insurance ~y not be ~nts to the ;o eligible ;ion from ~.yors from ;on who is ~t adv{sed msu. rer or ~.ndividual .~1 funds ~ shall be _' the area authority ~ent of the ;. 1; 1979, chose pro* hing ;.n this :aced by '.s[ons ['rom chis ac~ in § 122C-147. Financing and title of area authority property. (a) Repealed by Session Laws 1993, c. 321, s. 220(i). (b) Un/ess otherwise specified by the Secretary, State appropria- tions 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 contracting with a private, nonprofit corporation or with another governmental entity that orates 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, tbr the purchase, alteration, improvement, rehabilitation of real estate or, to 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 ~he use of the facility by the area authority, if operated by the area authori~, or upon termi- nation, default, or nonrenewal of the contract if operated by a contractual 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) .~AI 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.~ssembly. The title to this real property and the authority to acquire it is held by the county where the property is located. The authority to hold ~itle to real property and the authority to acquire it, including the area authority's authority to finance acquisition by an installment contract under G.a. 160A-20, may be held by the area authority or by the contracting governmental entity with the approval of the board or boards of commissioners of all the counties that comphse the area authority. The a~ royal of_a board of co~ution of the board and rna n v an necess or ro er conmnons ulolumn~provlslons di tribution of the c e ' e g~th__e area au_~_~!~o 'ry. Real property may not be acquired an installrn.ent contract under G,S. 1~0A-20 un/ess the Local Ooverranent Commission has approved the acquisition. No deficiency judgment may be rendered against any unit of local government in any action for breach of a contractual obligation authorized by this subsection, and the ta~dng power of a unit of local govern3nent 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 property. (e) Equipment necessary for the operation of the are~ authority may be obtained with local, State, federal, or donated funds, or a combination of these. (f) The area authority may acquire or lea~e personal property..An acquisition may be accomplished by an installment contract under 57