§ 160A-480.3. Creation of Authority; additional membership. - North Carolina Statutes

§ 160A‑480.3.  Creationof Authority; additional membership.

(a)        Creation. – Anauthority may be created only by act of the General Assembly. An authority socreated shall be a political subdivision of the State. The territorialjurisdiction of the authority shall be a county authorized by the GeneralAssembly to levy a room occupancy tax and a prepared food and beverage tax, andwhere both those taxes have been levied.

(b)        Membership. – Anauthority shall have 10 or 21 members. Members shall be chosen for terms asfollows:

(1)        Five shall beappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives in accordance with G.S. 120‑121, at least one ofwhom shall be a resident of the territorial jurisdiction of the authority, andat least one other of whom shall have been recommended by the board of trusteesof the constituent institution of The University of North Carolina whose maincampus is located within the county;

(2)        Five shall beappointed by the General Assembly upon the recommendation of the President ProTempore of the Senate in accordance with G.S. 120‑121, at least one ofwhom shall be a resident of the territorial jurisdiction of the authority, andat least one other of whom shall have been recommended by the Board of Trusteesof the constituent institution of The University of North Carolina whose maincampus is located within the county; and

(3)        If the territorialjurisdiction of the authority is a county where the main campus of aconstituent institution of The University of North Carolina is located, then:

a.         Four members shallbe appointed by the board of commissioners of that county, one of whom at thetime of appointment is a resident of the municipality with the second largestpopulation in the county, according to the most recent decennial federalcensus;

b.         Four members shallbe appointed by the city council of the city with the largest population in thecounty, according to the most recent decennial federal census;

c.         Two members shall beappointed jointly by the mayors of all the cities in that county.

d.         The Chancellor ofthe main campus of a constituent institution of The University of NorthCarolina within the county, or the Chancellor's designee.

Beginning January 1, 1999, amajority of any executive committee, or other committee however termed havingsupervisory or management authority over the facility to be constructed by theauthority, shall consist of authority members appointed under this subsection.

Neither the board ofcommissioners nor the city council may appoint a member of its board to serveon the authority.

Two of the initialappointments under subdivision (1) of this subsection, two of the initialappointments under subdivision (2) of this subsection, one of the initialappointments under subdivision (3)a. of this subsection, and one of the initialappointments under subdivision (3)b. of this section shall be for termsexpiring July 1 of the second year after the year in which the authority iscreated. The remaining initial appointments shall be for terms expiring July 1of the fourth year after the year in which the authority is created. The thirdmember appointed by the board of commissioners shall serve a term beginningJanuary 1, 1999, and expiring July 1, 2001, and the fourth member appointed bythe board of commissioners shall serve a term beginning January 1, 1999, andexpiring July 1, 2003. The third member appointed by the city council shallserve a term beginning January 1, 1999, and expiring July 1, 2001, and thefourth member appointed by the city council shall serve a term beginningJanuary 1, 1999, and expiring July 1, 2003. Of the two appointments made by theGeneral Assembly in 1999 and quadrennially thereafter upon the recommendationof the Speaker of the House of Representatives, one shall be the personrecommended by the board of trustees of the constituent institution of TheUniversity of North Carolina whose main campus is located within the county. Ofthe two appointments made by the General Assembly in 1999 and quadrenniallythereafter upon the recommendation of the President Pro Tempore of the Senate,one shall be the person recommended by the board of trustees of the constituentinstitution of The University of North Carolina whose main campus is locatedwithin the county. The second member appointed under sub‑subdivision(3)c. of this section shall serve an initial term expiring July 1, 2003.Successors shall be appointed in the same manner for four‑year terms. Amember may be removed by the appointing authority for cause. Vacanciesoccurring in the membership of the authority shall be filled by the remainingmembers.

(c)        Purpose. – Thepurpose of an authority is to study, design, plan, construct, own, promote,finance, and operate a regional facility.

(d)        Charter and Bylaws.– The act creating an authority and any amendments to it is the Authority'scharter. The charter of an authority shall include the name of the Authority.An authority may adopt bylaws. Any bylaw that conflicts with the declaredpublic policy of the State as expressed by law is void and unenforceable. Thebylaws may do any one or more of the following:

(1)        Limit the powers,duties, and functions that the Authority may exercise and perform.

(2)        Prescribe thecompensation and allowances not to exceed those provided by G.S. 93B‑5,if any, to be paid to the members of the Authority.

(3)        Contain rules forthe conduct of Authority business and any other matter pertaining to theorganization, powers, and functioning of the Authority that the members considerappropriate.

(e)        Meetings. – Anauthority shall meet at a time and place agreed upon by its members. Theinitial meeting may be called by any four members. At its first meeting, themembers shall elect a chairperson and any other officers that the charter mayspecify or the members may consider advisable. The Authority shall then adoptbylaws for the conduct of its business.

(f)         FiscalAccountability. – An authority is a public authority subject to the provisionsof Article 3 of Chapter 159 of the General Statutes.

(g)        Conflicts. – If anymember, officer, or employee of an Authority shall be:

(1)        Interested eitherdirectly or indirectly; or

(2)        An officer oremployee of or have an ownership interest in any firm or corporation, notincluding units of local government or the Chancellor of the main campus of aconstituent institution of The University of North Carolina within the county,or the Chancellor's designee, interested directly or indirectly in any contractwith that Authority, the interest shall be disclosed to the Authority and shallbe set forth in the minutes of the Authority. The member, officer, or employeehaving an interest shall not participate on behalf of the Authority in theauthorization of such contract. Other provisions of law notwithstanding,failure to take any or all actions necessary to carry out the purposes of thissubsection do not affect the validity of any bonds or notes issued under thisChapter.

It is not a violation of thissubsection for the Chancellor of the main campus of a constituent institutionof The University of North Carolina within the county, or the Chancellor'sdesignee, to participate in discussion of or to vote on any matter, includingbut not limited to the execution of any contract by the Authority, where thematter relates to the interest of a constituent institution of The Universityof North Carolina within the county.

(h)        Any authoritycreated under this Part shall be treated as a board for purposes of Chapter138A of the General Statutes. (1995, c. 458, s. 1; 1997‑68, s. 1; 2000‑181,s. 2.5; 2001‑311, ss. 1, 2; 2004‑158, ss. 3.1, 3.2, 3.3; 2007‑348,s. 43.)