State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_159C > GS_159C-4

§ 159C‑4.  Creationof authorities.

(a)        The governing body of any county is hereby authorized tocreate by resolution a political subdivision and body corporate and politic ofthe State known as "The __________ (the blank space to be filled in withthe name of the county) County Industrial Facilities and Pollution ControlFinancing Authority," which shall consist of a board of sevencommissioners, to be appointed by the governing body of such county in theresolution creating such authority, or by subsequent resolution. At least 30days prior to the adoption of such resolution, the governing body of suchcounty shall file with the Department of Commerce and the Local GovernmentCommission of the State notice of its intention to adopt a resolution creating anauthority. At the time of the appointment of the first board of commissionersthe governing body of the county shall appoint two commissioners for initialterms of two years each, two commissioners for initial terms of four years eachand three commissioners for initial terms of six years each and thereafter theterms of all commissioners shall be six years, except appointments to fillvacancies which shall be for the unexpired terms. Each appointed commissionerbefore entering upon his duties shall take and subscribe to an oath before someperson authorized by law to administer oaths to execute the duties of hisoffice faithfully and impartially, and a record of each such oath shall befiled with the governing body of the county and entered in its minutes. Allauthority commissioners will serve at the pleasure of the governing body of thecounty. If at the end of any term of office of any commissioner a successorthereto shall not have been appointed, then the commissioner whose term ofoffice shall have expired shall continue to hold office until his successorshall be so appointed and qualified.

(b)        Each commissioner of an authority shall be a qualifiedelector and resident of the county for which the authority is created, and nocommissioner shall be an elected official of the county for which the authorityis created. Any commissioner of an authority may be removed, with or withoutcause, by the governing body of the county.

(c)        The board of commissioners of the authority shall annuallyelect from its membership a chairman and a vice‑chairman and anotherperson or persons, who may but need not be commissioners, as treasurer,secretary and, if desired, assistant secretary. The position of secretary andtreasurer or assistant secretary and treasurer may be held by the same person.The secretary of the authority shall keep a record of the proceedings of theauthority and shall be the custodian of all books, documents and papers filedwith the authority, the minute book or journal of the authority and its officialseal. Either the secretary or the assistant secretary of the authority maycause copies to be made of all minutes and other records and documents of theauthority and may give certificates under the official seal of the authority tothe effect that such copies are true copies, and all persons dealing with theauthority may rely upon such certificates.

(d)        A majority of the commissioners of an authority then inoffice shall constitute a quorum. The affirmative vote of a majority of thecommissioners of an authority then in office shall be necessary for any actiontaken by the authority. A vacancy in the board of commissioners of theauthority shall not impair the right of a quorum to exercise all the rights andperform all the duties of the authority. Any action taken by the authorityunder the provisions of this Chapter may be authorized by resolution at anyregular or special meeting, and each resolution shall take effect immediatelyand need not be published or posted. No bonds shall be issued under theprovisions of this Chapter unless the issuance thereof shall have been approvedby the governing body of the county.

(e)        No commissioner of an authority shall receive anycompensation for the performance of his duties under this Chapter; provided,however, that each commissioner shall be reimbursed for his necessary expensesincurred while engaged in the performance of duties but only from moneysprovided by obligors.

(f)         Within 30 days of the date of creation of the authority,the authority shall advise the Department of Commerce and the Local GovernmentCommission that an authority has been formed. The authority shall also furnishsuch Department and such Commission with (i) a list of its commissioners andits officers and (ii) a description of any projects that are underconsideration by the authority. The authority shall, from time to time, notifythe Department of Commerce and the Local Government Commission of changes incommissioners and officers and of new projects under consideration by theauthority. (1975, c. 800, s.1; 1977, c. 198, s. 23; c. 719, s. 1; 1989, c. 751, s. 7(47); 1991 (Reg. Sess.,1992), c. 959, s. 78.)