§ 153A-376. Community development programs and activities.
Part 5. Community Development.
§ 153A‑376. Communitydevelopment programs and activities.
(a) Any county isauthorized to engage in, to accept federal and State grants and loans for, andto appropriate and expend funds for community development programs andactivities. In undertaking community development programs and activities, inaddition to other authority granted by law, a county may engage in thefollowing activities:
(1) Programs ofassistance and financing of rehabilitation of private buildings principally forthe benefit of low and moderate income persons, or for the restoration orpreservation of older neighborhoods or properties, including direct repair, themaking of grants or loans, the subsidization of interest payments on loans, andthe guaranty of loans;
(2) Programs concernedwith employment, economic development, crime prevention, child care, health,drug abuse, education, and welfare needs of persons of low and moderate income.
(b) Any board of countycommissioners may exercise directly those powers granted by law to countyredevelopment commissions and those powers granted by law to county housingauthorities. Any board of county commissioners desiring to do so may delegateto redevelopment commission or to any housing authority the responsibility ofundertaking or carrying out any specified community development activities. Anyboard of county commissioners and any municipal governing body may by agreementundertake or carry out for each other any specified community developmentactivities. Any board of county commissioners may contract with any person,association, or corporation in undertaking any specified community developmentactivities. Any county or city board of health, county board of socialservices, or county or city board of education, may by agreement undertake orcarry out for any board of county commissioners any specified communitydevelopment activities.
(c) Any board of countycommissioners undertaking community development programs or activities maycreate one or more advisory committees to advise it and to make recommendationsconcerning such programs or activities.
(d) Any board of countycommissioners proposing to undertake any loan guaranty or similar program forrehabilitation of private buildings is authorized to submit to its voters thequestion whether such program shall be undertaken, such referendum to beconducted pursuant to the general and local laws applicable to specialelections in such county.
(e) No state or localtaxes shall be appropriated or expended by a county pursuant to this sectionfor any purpose not expressly authorized by G.S. 153A‑149, unless thesame is first submitted to a vote of the people as therein provided.
(f) All program incomefrom Economic Development Grants from the Small Cities Community DevelopmentBlock Grant Program may be retained by recipient "economically distressedcounties", as defined in G.S. 143B‑437.01 for the purposes ofcreating local economic development revolving loan funds. Such program incomederived through the use by counties of Small Cities Community Development BlockGrant money includes but is not limited to: (i) payment of principal andinterest on loans made by the county using Community Development Block GrantFunds; (ii) proceeds from the lease or disposition of real property acquiredwith Community Development Block Grant Funds; and (iii) any late feesassociated with loan or lease payments in (i) and (ii) above. The localeconomic development revolving loan fund set up by the county shall fund onlythose activities eligible under Title I of the federal Housing and CommunityDevelopment Act of 1974, as amended (P.L. 93‑383), and shall meet atleast one of the three national objectives of the Housing and CommunityDevelopment Act. Any expiration of G.S. 143B‑437.01 or G.S. 105‑129.3shall not affect this subsection as to designations of economically distressedcounties made prior to its expiration.
(g) Any county mayreceive and dispense funds from the Community Development Block Grant Section108 Loan Guarantee program, Subpart M, 24 CFR 570.700 et seq., either throughapplication to the North Carolina Department of Commerce or directly from thefederal government, in accordance with State and federal laws governing thesefunds. Any county that receives these funds directly from the federalgovernment may pledge current and future CDBG funds for use as loan guaranteesin accordance with State and federal laws governing these funds. A county mayimplement the receipt, dispensing, and pledging of CDBG funds under thissubsection by borrowing CDBG funds and lending all or a portion of those fundsto a third party in accordance with applicable laws governing the CDBG program.
Any county that has pledgedcurrent or future CDBG funds for use as loan guarantees prior to the enactmentof this subsection is authorized to have taken such action. A pledge of futureCDBG funds under this subsection is not a debt or liability of the State or anypolitical subdivision of the State or a pledge of the faith and credit of theState or any political subdivision of the State. The pledging of future CDBGfunds under this subsection does not directly, indirectly, or contingentlyobligate the State or any political subdivision of the State to levy or topledge any taxes. (1975,c. 435, s. 2; c. 689, s. 2; 1987 (Reg. Sess., 1988), c. 992, s. 1; 1995, c.310, s. 2; 1995 (Reg. Sess., 1996), c. 575, s. 2; 1996, 2nd Ex. Sess., c. 13,s. 3.8; 2006‑259, s. 27(a).)