§ 160A-683. Creation of Authority.

408 words·~2 min read·/nc/chapter-160a/160a-683

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(a)Resolution of Creation. - An Authority may be organized under the provisions of this Article upon the adoption of a resolution to create such an Authority by each of the following:

(1)The elected board of a municipality only accessible by vessel.

(2)The elected board of a municipality where any mainland terminal of the Authority is located.

(3)The board of commissioners of the county where the Authority is located.

(b)Public Hearing. - A resolution to form an Authority under this Article shall be adopted after a public hearing. Notice of the public hearing must be given at least once, not less than 10 days prior to the date fixed for the hearing, in a newspaper having a general circulation in the county. The notice must contain a brief statement of the substance of the proposed resolution, the proposed articles of incorporation of the Authority, and the time and place of the public hearing.

(c)Articles of Incorporation. - A resolution to form an Authority under this Article must include articles of incorporation that set forth all of the following:

(1)The name of the Authority.

(2)A statement that the Authority is organized under this Article.

(3)The name of each organizing entity.

(d)Certificate of Incorporation. - A certified copy of each resolution organizing an Authority under the provisions of this Article shall be filed with the Secretary of State, together with proof of publication of the notice of hearing. If the Secretary of State finds that each resolution, including the articles of incorporation, conform to the provisions of this Article and that the notice of hearing was properly published, then the Secretary must issue a certificate of incorporation under the seal of the State and record the same in an appropriate book of record. The issuance of the certificate of incorporation by the Secretary of State shall constitute the Authority, a public body and body politic and corporate of the State of North Carolina. The certificate of incorporation is conclusive evidence of the fact that the Authority has been duly created and established under the provisions of this Article.

(e)Officers. - When the Authority has been duly organized and its officers elected, the secretary of the Authority shall certify to the Secretary of State the names and addresses of the officers as well as the address of the principal office of the Authority. (2017-120, s. 1.)