State Codes and Statutes

Statutes > North-carolina > Chapter_159I > GS_159I-4

§ 159I‑4.  Creationof Agency.

(a)        A body politic and corporate to be known as the "NorthCarolina Solid Waste Management Capital Projects Financing Agency" iscreated.  This Agency shall be a public agency and an instrumentality of theState for the performance of essential governmental and public functions.

(b)        The Board of Directors of this Agency shall be its governingboard, which shall consist of five members.  One of the members of the Boardshall be the State Treasurer who shall serve ex officio.  The State Treasurershall be Chairman of the Board of Directors.  Two members shall be appointed bythe Governor, one member shall be appointed by the General Assembly upon therecommendation of the Speaker of the House of Representatives in accordance withG.S. 120‑121 and one member shall be appointed by the General Assemblyupon the recommendation of the President Pro Tempore in accordance with G.S.120‑121.  The appointments to be made initially by the Governor shall befor terms beginning on the dates of their respective appointments and expiringon June 30, 1990, and June 30, 1992.  The appointments to be made initially bythe General Assembly as recommended by the Speaker of the House ofRepresentatives and by the General Assembly as recommended by the President ProTempore of the Senate shall be for terms beginning on the date of theirrespective appointments and expiring on June 30, 1991.  Appointments made tosucceed the initial appointments shall be for two‑year terms commencing,respectively, on July 1, 1990, July 1, 1991, and July 1, 1992, and subsequentappointments shall be for two‑year terms.

(c)        All members of the Board shall remain in office until theirsuccessors are appointed and qualify.  Vacancies in appointments made by theGovernor shall be filled by the Governor for the remainder of the unexpiredterms.  Vacancies in appointments made by the General Assembly shall be filledin accordance with G.S. 120‑122.  Persons appointed to fill vacanciesshall qualify in the same manner as persons appointed for full terms.

(d)        Any member of the Board may be removed from office formisfeasance, malfeasance, nonfeasance, or improper influence in accordance withthe provisions of G.S. 143B‑13 and the resulting vacancy shall be filledas provided herein for vacancies in general.

(e)        The Board of Directors shall adopt bylaws with respect tothe call of meetings, quorums, voting procedures, the keeping of records, andsuch other organizational and administrative matters as the Board of Directorsmay determine.  A quorum shall consist of no less than three members of theBoard.

(f)         No vacancy in the membership of the Board of Directorsshall impair the right of a quorum to exercise all rights and to perform allthe duties of the Board of Directors and the Agency.

(g)        No part of the revenues or assets of the Agency shall inureto the benefit of or be distributable to its members or officers or otherprivate persons.  The members of the Board of Directors shall receive no salaryfor their services but shall be entitled to receive per diem and allowances inaccordance with the provisions of G.S. 138‑5.

(h)        The Agency shall be contained within the Department of StateTreasurer as if it had been transferred to that Department by a Type IItransfer as defined in G.S. 143A‑6(b). (1989, c. 756, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_159I > GS_159I-4

§ 159I‑4.  Creationof Agency.

(a)        A body politic and corporate to be known as the "NorthCarolina Solid Waste Management Capital Projects Financing Agency" iscreated.  This Agency shall be a public agency and an instrumentality of theState for the performance of essential governmental and public functions.

(b)        The Board of Directors of this Agency shall be its governingboard, which shall consist of five members.  One of the members of the Boardshall be the State Treasurer who shall serve ex officio.  The State Treasurershall be Chairman of the Board of Directors.  Two members shall be appointed bythe Governor, one member shall be appointed by the General Assembly upon therecommendation of the Speaker of the House of Representatives in accordance withG.S. 120‑121 and one member shall be appointed by the General Assemblyupon the recommendation of the President Pro Tempore in accordance with G.S.120‑121.  The appointments to be made initially by the Governor shall befor terms beginning on the dates of their respective appointments and expiringon June 30, 1990, and June 30, 1992.  The appointments to be made initially bythe General Assembly as recommended by the Speaker of the House ofRepresentatives and by the General Assembly as recommended by the President ProTempore of the Senate shall be for terms beginning on the date of theirrespective appointments and expiring on June 30, 1991.  Appointments made tosucceed the initial appointments shall be for two‑year terms commencing,respectively, on July 1, 1990, July 1, 1991, and July 1, 1992, and subsequentappointments shall be for two‑year terms.

(c)        All members of the Board shall remain in office until theirsuccessors are appointed and qualify.  Vacancies in appointments made by theGovernor shall be filled by the Governor for the remainder of the unexpiredterms.  Vacancies in appointments made by the General Assembly shall be filledin accordance with G.S. 120‑122.  Persons appointed to fill vacanciesshall qualify in the same manner as persons appointed for full terms.

(d)        Any member of the Board may be removed from office formisfeasance, malfeasance, nonfeasance, or improper influence in accordance withthe provisions of G.S. 143B‑13 and the resulting vacancy shall be filledas provided herein for vacancies in general.

(e)        The Board of Directors shall adopt bylaws with respect tothe call of meetings, quorums, voting procedures, the keeping of records, andsuch other organizational and administrative matters as the Board of Directorsmay determine.  A quorum shall consist of no less than three members of theBoard.

(f)         No vacancy in the membership of the Board of Directorsshall impair the right of a quorum to exercise all rights and to perform allthe duties of the Board of Directors and the Agency.

(g)        No part of the revenues or assets of the Agency shall inureto the benefit of or be distributable to its members or officers or otherprivate persons.  The members of the Board of Directors shall receive no salaryfor their services but shall be entitled to receive per diem and allowances inaccordance with the provisions of G.S. 138‑5.

(h)        The Agency shall be contained within the Department of StateTreasurer as if it had been transferred to that Department by a Type IItransfer as defined in G.S. 143A‑6(b). (1989, c. 756, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_159I > GS_159I-4

§ 159I‑4.  Creationof Agency.

(a)        A body politic and corporate to be known as the "NorthCarolina Solid Waste Management Capital Projects Financing Agency" iscreated.  This Agency shall be a public agency and an instrumentality of theState for the performance of essential governmental and public functions.

(b)        The Board of Directors of this Agency shall be its governingboard, which shall consist of five members.  One of the members of the Boardshall be the State Treasurer who shall serve ex officio.  The State Treasurershall be Chairman of the Board of Directors.  Two members shall be appointed bythe Governor, one member shall be appointed by the General Assembly upon therecommendation of the Speaker of the House of Representatives in accordance withG.S. 120‑121 and one member shall be appointed by the General Assemblyupon the recommendation of the President Pro Tempore in accordance with G.S.120‑121.  The appointments to be made initially by the Governor shall befor terms beginning on the dates of their respective appointments and expiringon June 30, 1990, and June 30, 1992.  The appointments to be made initially bythe General Assembly as recommended by the Speaker of the House ofRepresentatives and by the General Assembly as recommended by the President ProTempore of the Senate shall be for terms beginning on the date of theirrespective appointments and expiring on June 30, 1991.  Appointments made tosucceed the initial appointments shall be for two‑year terms commencing,respectively, on July 1, 1990, July 1, 1991, and July 1, 1992, and subsequentappointments shall be for two‑year terms.

(c)        All members of the Board shall remain in office until theirsuccessors are appointed and qualify.  Vacancies in appointments made by theGovernor shall be filled by the Governor for the remainder of the unexpiredterms.  Vacancies in appointments made by the General Assembly shall be filledin accordance with G.S. 120‑122.  Persons appointed to fill vacanciesshall qualify in the same manner as persons appointed for full terms.

(d)        Any member of the Board may be removed from office formisfeasance, malfeasance, nonfeasance, or improper influence in accordance withthe provisions of G.S. 143B‑13 and the resulting vacancy shall be filledas provided herein for vacancies in general.

(e)        The Board of Directors shall adopt bylaws with respect tothe call of meetings, quorums, voting procedures, the keeping of records, andsuch other organizational and administrative matters as the Board of Directorsmay determine.  A quorum shall consist of no less than three members of theBoard.

(f)         No vacancy in the membership of the Board of Directorsshall impair the right of a quorum to exercise all rights and to perform allthe duties of the Board of Directors and the Agency.

(g)        No part of the revenues or assets of the Agency shall inureto the benefit of or be distributable to its members or officers or otherprivate persons.  The members of the Board of Directors shall receive no salaryfor their services but shall be entitled to receive per diem and allowances inaccordance with the provisions of G.S. 138‑5.

(h)        The Agency shall be contained within the Department of StateTreasurer as if it had been transferred to that Department by a Type IItransfer as defined in G.S. 143A‑6(b). (1989, c. 756, s. 1.)

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