§ 158-33. Creation of North Carolina's Eastern Region. - North Carolina Statutes

§ 158‑33.  Creation ofNorth Carolina's Eastern Region.

(a)        Resolution toCreate Region. – Any three or more of the counties listed in G.S. 158‑31may create North Carolina's Eastern Region as provided in this section. Inorder to create the Region, the governing bodies of the counties creating theRegion must first adopt, on or before October 1, 1993, substantially similarresolutions stating their intent to organize the Region pursuant to thisArticle. Each resolution shall include articles of incorporation for the Regionthat shall set forth the following:

(1)        The name of theRegion, which shall be "North Carolina's Eastern Region."

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

(3)        The names of theorganizing counties known to the county adopting the resolution.

(b)        Public Hearing. – Eachresolution may be adopted only after a public hearing on the question, noticeof which hearing has been given by publication at least once after July 25,1993, and not less than 10 days before the date set for the hearing, in anewspaper having a general circulation in the county. The notice shall containa brief statement of the substance of the proposed resolution, set forth theproposed articles of incorporation of the Region, and state the time and placeof the public hearing to be held on the resolution. No other publication ornotice of the resolution is required.

(c)        Incorporation ofRegion. – Each county that adopts a resolution as provided in this sectionshall file a certified copy of the resolution with the Secretary of State on orbefore October 15, 1993, together with proof of publication of notice of thehearing on the resolution. Each resolution must contain the county clerk'sattestation that it was adopted by the board of commissioners. If the Secretaryof State finds that the resolutions, including the articles of incorporation,conform to the provisions of this Article and that notices of the hearings wereproperly published, the Secretary of State shall file the resolutions andproofs of publication and shall issue a certificate of incorporation for theRegion under the seal of the State. The Secretary of State shall record thecertificate of incorporation in an appropriate book of record in the Secretaryof State's office.

(d)        Effect of Incorporation.– The issuance of the certificate of incorporation by the Secretary of Stateshall constitute North Carolina's Eastern Region a public body and body politicand corporate of the State. The certificate of incorporation shall beconclusive evidence that the Region has been duly created and established underthis Article. (1993,c. 544, s. 1; 2005‑364, s. 1; 2006‑226, s. 26; 2006‑264, s.76.8.)