§ 162A‑3. Procedure for creation; certificateof incorporation; certification of principal office and officers.
(a) The governing body of a single county or the governingbodies of any two or more political subdivisions may by resolution signifytheir determination to organize an authority under the provisions of thisArticle. Each of such resolutions shall be adopted after a public hearingthereon, notice of which hearing shall be given by publication at least once,not less than 10 days prior to the date fixed for such hearing, in a newspaperhaving a general circulation in the political subdivision. Such notice shallcontain a brief statement of the substance of the proposed resolution, shallset forth the proposed articles of incorporation of the authority and shallstate the time and place of the public hearing to be held thereof. No suchpolitical subdivision shall be required to make any other publication of suchresolution under the provisions of 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 thisArticle;
(3) The names of the organizing political subdivisions; and
(4) The names and addresses of the first members of theauthority appointed by the organizing political subdivisions.
(c) A certified copy of each of such resolutions signifying thedetermination to organize an authority under the provisions of this Articleshall be filed with the Secretary of State of North Carolina, together withproof of publication of the notice of hearing on each of such resolutions. Ifthe Secretary of State finds that the resolutions, including the articles ofincorporation, conform to the provisions of this Article and that the noticesof hearing were properly published, he shall file such resolutions and proofsof publication in his office and shall issue a certificate of incorporationunder the seal of the State and shall record the same in an appropriate book ofrecord in his office. The issuance of such certificate of incorporation by theSecretary of State shall constitute the authority a public body and bodypolitic and corporate of the State of North Carolina. Said certificate ofincorporation shall be conclusive evidence of the fact that such authority hasbeen duly created and established under the provisions 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. (1955, c. 1195, s. 3; 1971, c. 892, s. 1; 1991, c. 516, s. 1; 2001‑224,s. 1; 2002‑76, s. 1.)
§ 162A‑3. Procedure for creation; certificateof incorporation; certification of principal office and officers.
(a) The governing body of a single county or the governingbodies of any two or more political subdivisions may by resolution signifytheir determination to organize an authority under the provisions of thisArticle. Each of such resolutions shall be adopted after a public hearingthereon, notice of which hearing shall be given by publication at least once,not less than 10 days prior to the date fixed for such hearing, in a newspaperhaving a general circulation in the political subdivision. Such notice shallcontain a brief statement of the substance of the proposed resolution, shallset forth the proposed articles of incorporation of the authority and shallstate the time and place of the public hearing to be held thereof. No suchpolitical subdivision shall be required to make any other publication of suchresolution under the provisions of 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 thisArticle;
(3) The names of the organizing political subdivisions; and
(4) The names and addresses of the first members of theauthority appointed by the organizing political subdivisions.
(c) A certified copy of each of such resolutions signifying thedetermination to organize an authority under the provisions of this Articleshall be filed with the Secretary of State of North Carolina, together withproof of publication of the notice of hearing on each of such resolutions. Ifthe Secretary of State finds that the resolutions, including the articles ofincorporation, conform to the provisions of this Article and that the noticesof hearing were properly published, he shall file such resolutions and proofsof publication in his office and shall issue a certificate of incorporationunder the seal of the State and shall record the same in an appropriate book ofrecord in his office. The issuance of such certificate of incorporation by theSecretary of State shall constitute the authority a public body and bodypolitic and corporate of the State of North Carolina. Said certificate ofincorporation shall be conclusive evidence of the fact that such authority hasbeen duly created and established under the provisions 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. (1955, c. 1195, s. 3; 1971, c. 892, s. 1; 1991, c. 516, s. 1; 2001‑224,s. 1; 2002‑76, s. 1.)
§ 162A‑3. Procedure for creation; certificateof incorporation; certification of principal office and officers.
(a) The governing body of a single county or the governingbodies of any two or more political subdivisions may by resolution signifytheir determination to organize an authority under the provisions of thisArticle. Each of such resolutions shall be adopted after a public hearingthereon, notice of which hearing shall be given by publication at least once,not less than 10 days prior to the date fixed for such hearing, in a newspaperhaving a general circulation in the political subdivision. Such notice shallcontain a brief statement of the substance of the proposed resolution, shallset forth the proposed articles of incorporation of the authority and shallstate the time and place of the public hearing to be held thereof. No suchpolitical subdivision shall be required to make any other publication of suchresolution under the provisions of 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 thisArticle;
(3) The names of the organizing political subdivisions; and
(4) The names and addresses of the first members of theauthority appointed by the organizing political subdivisions.
(c) A certified copy of each of such resolutions signifying thedetermination to organize an authority under the provisions of this Articleshall be filed with the Secretary of State of North Carolina, together withproof of publication of the notice of hearing on each of such resolutions. Ifthe Secretary of State finds that the resolutions, including the articles ofincorporation, conform to the provisions of this Article and that the noticesof hearing were properly published, he shall file such resolutions and proofsof publication in his office and shall issue a certificate of incorporationunder the seal of the State and shall record the same in an appropriate book ofrecord in his office. The issuance of such certificate of incorporation by theSecretary of State shall constitute the authority a public body and bodypolitic and corporate of the State of North Carolina. Said certificate ofincorporation shall be conclusive evidence of the fact that such authority hasbeen duly created and established under the provisions 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. (1955, c. 1195, s. 3; 1971, c. 892, s. 1; 1991, c. 516, s. 1; 2001‑224,s. 1; 2002‑76, s. 1.)
