{"data":{"id":"us-nc/n.c.-gen.-stat.-159-151","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 159-151","heading":"Approval of application by Commission.","body":"(a)\tIn determining whether a proposed contract shall be approved, the Commission may consider:\n(1)\tWhether the undertaking is necessary or expedient.\n(2)\tThe nature and amount of the outstanding debt of the contracting unit.\n(3)\tThe unit's debt management procedures and policies.\n(4)\tThe unit's tax and special assessments collection record.\n(5)\tThe unit's compliance with the Local Government Budget and Fiscal Control Act.\n(6)\tWhether the unit is in default in any of its debt service obligations.\n(7)\tThe unit's present tax rates, and the increase in tax rate, if any, necessary to raise the sums to fall due under the proposed contract.\n(8)\tThe unit's appraised and assessed value of property subject to taxation.\n(9)\tThe ability of the unit to sustain the additional taxes necessary to perform the contract.\n(10)\tIf the proposed contract is for utility or public service enterprise, the probable net revenues of the undertaking to be financed and the extent to which the revenues of the utility or enterprise, after addition of the revenues of the undertaking to be financed, will be sufficient to meet the sums to fall due under the proposed contract.\n(11)\tWhether the undertaking could be financed by a bond issue, and the reasons and justifications offered by the contracting unit for choosing this method of financing rather than a bond issue.\nThe Commission shall have authority to inquire into and to give consideration to any other matters that it may believe to have bearing on whether the contract should be approved.\n(b)\tThe Commission shall approve the application if, upon the information and evidence it receives, it finds and determines:\n(1)\tThat the proposed contract is necessary or expedient.\n(2)\tThat the contract, under the circumstances, is preferable to a bond issue for the same purpose.\n(3)\tThat the sums to fall due under the contract are adequate and not excessive for its proposed purpose.\n(4)\tThat the unit's debt management procedures and policies are good, or that reasonable assurances have been given that its debt will henceforth be managed in strict compliance with law.\n(5)\tThat the increase in taxes, if any, necessary to meet the sums to fall due under the contract will not be excessive.\n(6)\tThat the unit is not in default in any of its debt service obligations.\nThe Commission need not find all of these facts and conclusions if it concludes that (i) the proposed project is necessary and expedient, (ii) the proposed undertaking cannot be economically financed by a bond issue and (iii) the contract will not require an excessive increase in taxes.\nIf the Commission tentatively decides to deny the application because it cannot be supported from the information presented to it, it shall so notify the unit filing the information. If the unit so requests, the Commission shall hold a public hearing on the application at which time any interested persons shall be heard. The Commission may appoint a hearing officer to conduct the hearing and to present a summary of the testimony and his recommendation for the Commission's consideration. Notwithstanding the provisions of this subsection, the Commission may deny the application of any local school administrative unit or community college that fails to comply with G.S. 143-64.17A(a1). (1971, c. 780, s. 1; 1973, c. 494, s. 32; 2022-14, s. 7.1.)","path":["Chapter 159. Local Government Finance.","SUBCHAPTER IV. LONG-TERM FINANCING.","Article 8. Financing Agreements and Other Financing Arrangements; Arrangements for Nongovernmental Control of Public Enterprises."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_159/GS_159-151.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:24:52Z","sha256":"328639d011e757dc68350bb98d44ba7b11e90d433c92f373062b47ab54ed0fcb","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-159-150","next":"us-nc/n.c.-gen.-stat.-159-152"},"notice":"GroundRules: Original legal text. Not legal advice."}