§ 156-82.1. Duties and powers of the board of drainage commissioners.
§ 156‑82.1. Dutiesand powers of the board of drainage commissioners.
(a) The board of drainage commissioners shall proceed with thelevying of assessments, issuance of bonds and construction of canals, waterretardant structures and other improvements and acquisition of equipment asapproved by the court in the adjudication upon the final report of the board ofviewers, either in the creation of the district or in subsequent proceedingsauthorized by Article 7B.
(b) The commissioners shall maintain the canals, water retardantstructures, and all other improvements and equipment of the district.
(c) The commissioners, with the approval of the clerk of thesuperior court, may use surplus funds in such manner as they deem best for (i)the maintenance of the improvements, (ii) construction or enlargement of canalsand water retardant structures, or other improvements or equipment, (iii)replacement or acquisition of equipment or structures, and (iv) for payment ofany or all operating expenses including salaries, fees and costs of court.
The term "surplus funds" is defined to mean any fundsremaining after the payment of those items set forth specifically in thecertificate of assessment, as well as funds provided in said certificate formaintenance and contingencies, and also, shall include maintenance and anyother funds which the said commissioners may have on hand and which are notnecessary for the payment of the bonds and interest thereon which have beenissued by the said district.
(d) The board of commissioners may agree, or contract, with anyagency of the government of the United States or of North Carolina for suchengineering or other services as may be provided by such agency.
(e) The board of commissioners may, in its discretion, releaseareas taken for rights‑of‑way if it determines, after theconstruction of the canals, that such are not needed for the purpose of thedistrict. The release must be approved by the clerk of the superior court andsuch release shall be filed in the proceedings by virtue of which the districtwas created.
(f) The board of drainage commissioners shall have all theduties and powers as set forth and imposed upon them by the various sections ofthis Subchapter and all others which are necessary to promote the purposes ofthe district.
(g) The board of commissioners may authorize the use of storedor impounded water for recreational purposes. They may acquire title, by giftor purchase, but not by condemnation, of land to be used in conjunction withthe stored and impounded water, for the development of recreational facilities.
The said commissioners are not authorized to use funds obtained fromassessments upon the lands within the drainage district, for the purposes ofthe acquisition and development of recreational facilities. They are authorizedto issue revenue bonds or notes, for the acquisition of land and constructionand development of recreational facilities. The funds received from the use ofthe said recreational facilities, may be pledged for the payment of said revenuebonds and notes.
The terms and conditions of the issuance and payment of the saidrevenue bonds or notes, must be approved by the clerk of the superior court whohas jurisdiction of the said drainage district.
The commissioners are authorized to enter into a contract with persons,association of persons or municipal or private corporations, for the operationof recreational facilities, owned by the drainage district. The contract may beentered into by negotiation or by award to the highest bidder at a publicrental to be advertised as directed by the clerk of the superior court. Theterms of the contract must be approved by the clerk of the superior court whohas jurisdiction of the said drainage district.
(h) The commissioners may enter into a contract with amunicipality or other nonprofit organizations, for the joint use of a facilityfor the impoundment or storage of water. The contract must be approved by theclerk of the superior court who has jurisdiction of the drainage district.
(i) All improvements constructed and acquired under theprovisions of this Subchapter shall be under the control and supervision ofthe board of drainage commissioners. It shall be their duty to keep allimprovements in good repair. (1961, c. 614, s. 2; 1965, c. 1143, s. 3.)