(a) As an alternative to the procedure set forth in G.S. 162A‑3,the governing body of a single county or the governing bodies of any two ormore political subdivisions may by resolution signify their determination toorganize an authority under the provisions of this section of this Article.Each of such resolutions shall be adopted after a public hearing thereon,notice of which hearing shall be given by publication at least once, not lessthan 10 days prior to the date fixed for such hearing, in a newspaper having ageneral circulation in the political subdivision. Such notice shall contain abrief statement of the substance of the proposed resolution, shall set forththe proposed articles of incorporation of the authority and shall state thetime and place of the public hearing. No such political subdivision shall berequired to make any other publication of such resolution under the provisionsof any other law.
(a1) If an authority is organized by three or more politicalsubdivisions, it may include in its organization nonprofit water corporations.The board of directors of a nonprofit water corporation must signify thecorporation's determination to participate in the organization of the authorityby adopting a resolution that meets the requirements of subsection (b) of thissection. The nonprofit water corporation is not subject to the notice andpublic hearing requirements of subsection (a) of this section. For all otherpurposes of this Article, the nonprofit water corporation shall be consideredto be a political subdivision.
(a2) If an authority is organized by three or more politicalsubdivisions, it may include in its organization the State of North Carolina.The State of North Carolina is not subject to the notice and public hearingrequirements of subsection (a) of this section. For purposes of this Article,the State of North Carolina shall be a political subdivision and its governingbody shall be the Council of State.
(b) Each such resolution shall include articles of incorporationwhich shall set forth:
(1) The name of the authority;
(2) A statement that such authority is organized under thissection of this Article;
(3) The names of the organizing political subdivisions;
(4) The names and addresses of the members of the authorityappointed by the organizing political subdivisions; and
(5) A statement that members of the authority will be limited tosuch members as may be appointed from time to time by the organizing politicalsubdivisions.
(c) A certified copy of each of such resolutions signifying thedetermination to organize an authority under the provisions of this section ofthis Article shall be filed with the Secretary of State of North Carolina,together with proof of publication of the notice of hearing on each of suchresolutions. If the Secretary of State finds that the resolutions, includingthe articles of incorporation, conform to the provisions of this section ofthis Article and that the notices of hearing were properly published, he shallfile such resolutions and proofs of publication in his office and shall issue acertificate of incorporation under the seal of the State and shall record thesame in an appropriate book of record in his office. The issuance of suchcertificate of incorporation by the Secretary of State shall constitute theauthority a public body and body politic and corporate of the State of NorthCarolina. Said certificate of incorporation shall be conclusive evidence of thefact that such authority has been duly created and established under theprovisions of this section of this Article.
(d) When the authority has been duly organized and its officerselected as herein provided the secretary of the authority shall certify to theSecretary of State the names and addresses of such officers as well as theaddress of the principal office of the authority. (1975, c. 224, s. 1; 1991, c. 516, s. 2; 2001‑224, s. 2; 2002‑76,s. 2.)
(a) As an alternative to the procedure set forth in G.S. 162A‑3,the governing body of a single county or the governing bodies of any two ormore political subdivisions may by resolution signify their determination toorganize an authority under the provisions of this section of this Article.Each of such resolutions shall be adopted after a public hearing thereon,notice of which hearing shall be given by publication at least once, not lessthan 10 days prior to the date fixed for such hearing, in a newspaper having ageneral circulation in the political subdivision. Such notice shall contain abrief statement of the substance of the proposed resolution, shall set forththe proposed articles of incorporation of the authority and shall state thetime and place of the public hearing. No such political subdivision shall berequired to make any other publication of such resolution under the provisionsof any other law.
(a1) If an authority is organized by three or more politicalsubdivisions, it may include in its organization nonprofit water corporations.The board of directors of a nonprofit water corporation must signify thecorporation's determination to participate in the organization of the authorityby adopting a resolution that meets the requirements of subsection (b) of thissection. The nonprofit water corporation is not subject to the notice andpublic hearing requirements of subsection (a) of this section. For all otherpurposes of this Article, the nonprofit water corporation shall be consideredto be a political subdivision.
(a2) If an authority is organized by three or more politicalsubdivisions, it may include in its organization the State of North Carolina.The State of North Carolina is not subject to the notice and public hearingrequirements of subsection (a) of this section. For purposes of this Article,the State of North Carolina shall be a political subdivision and its governingbody shall be the Council of State.
(b) Each such resolution shall include articles of incorporationwhich shall set forth:
(1) The name of the authority;
(2) A statement that such authority is organized under thissection of this Article;
(3) The names of the organizing political subdivisions;
(4) The names and addresses of the members of the authorityappointed by the organizing political subdivisions; and
(5) A statement that members of the authority will be limited tosuch members as may be appointed from time to time by the organizing politicalsubdivisions.
(c) A certified copy of each of such resolutions signifying thedetermination to organize an authority under the provisions of this section ofthis Article shall be filed with the Secretary of State of North Carolina,together with proof of publication of the notice of hearing on each of suchresolutions. If the Secretary of State finds that the resolutions, includingthe articles of incorporation, conform to the provisions of this section ofthis Article and that the notices of hearing were properly published, he shallfile such resolutions and proofs of publication in his office and shall issue acertificate of incorporation under the seal of the State and shall record thesame in an appropriate book of record in his office. The issuance of suchcertificate of incorporation by the Secretary of State shall constitute theauthority a public body and body politic and corporate of the State of NorthCarolina. Said certificate of incorporation shall be conclusive evidence of thefact that such authority has been duly created and established under theprovisions of this section of this Article.
(d) When the authority has been duly organized and its officerselected as herein provided the secretary of the authority shall certify to theSecretary of State the names and addresses of such officers as well as theaddress of the principal office of the authority. (1975, c. 224, s. 1; 1991, c. 516, s. 2; 2001‑224, s. 2; 2002‑76,s. 2.)
(a) As an alternative to the procedure set forth in G.S. 162A‑3,the governing body of a single county or the governing bodies of any two ormore political subdivisions may by resolution signify their determination toorganize an authority under the provisions of this section of this Article.Each of such resolutions shall be adopted after a public hearing thereon,notice of which hearing shall be given by publication at least once, not lessthan 10 days prior to the date fixed for such hearing, in a newspaper having ageneral circulation in the political subdivision. Such notice shall contain abrief statement of the substance of the proposed resolution, shall set forththe proposed articles of incorporation of the authority and shall state thetime and place of the public hearing. No such political subdivision shall berequired to make any other publication of such resolution under the provisionsof any other law.
(a1) If an authority is organized by three or more politicalsubdivisions, it may include in its organization nonprofit water corporations.The board of directors of a nonprofit water corporation must signify thecorporation's determination to participate in the organization of the authorityby adopting a resolution that meets the requirements of subsection (b) of thissection. The nonprofit water corporation is not subject to the notice andpublic hearing requirements of subsection (a) of this section. For all otherpurposes of this Article, the nonprofit water corporation shall be consideredto be a political subdivision.
(a2) If an authority is organized by three or more politicalsubdivisions, it may include in its organization the State of North Carolina.The State of North Carolina is not subject to the notice and public hearingrequirements of subsection (a) of this section. For purposes of this Article,the State of North Carolina shall be a political subdivision and its governingbody shall be the Council of State.
(b) Each such resolution shall include articles of incorporationwhich shall set forth:
(1) The name of the authority;
(2) A statement that such authority is organized under thissection of this Article;
(3) The names of the organizing political subdivisions;
(4) The names and addresses of the members of the authorityappointed by the organizing political subdivisions; and
(5) A statement that members of the authority will be limited tosuch members as may be appointed from time to time by the organizing politicalsubdivisions.
(c) A certified copy of each of such resolutions signifying thedetermination to organize an authority under the provisions of this section ofthis Article shall be filed with the Secretary of State of North Carolina,together with proof of publication of the notice of hearing on each of suchresolutions. If the Secretary of State finds that the resolutions, includingthe articles of incorporation, conform to the provisions of this section ofthis Article and that the notices of hearing were properly published, he shallfile such resolutions and proofs of publication in his office and shall issue acertificate of incorporation under the seal of the State and shall record thesame in an appropriate book of record in his office. The issuance of suchcertificate of incorporation by the Secretary of State shall constitute theauthority a public body and body politic and corporate of the State of NorthCarolina. Said certificate of incorporation shall be conclusive evidence of thefact that such authority has been duly created and established under theprovisions of this section of this Article.
(d) When the authority has been duly organized and its officerselected as herein provided the secretary of the authority shall certify to theSecretary of State the names and addresses of such officers as well as theaddress of the principal office of the authority. (1975, c. 224, s. 1; 1991, c. 516, s. 2; 2001‑224, s. 2; 2002‑76,s. 2.)
