§ 160A-663. Creation of district. - North Carolina Statutes

§ 160A‑663.  Creation of district.

(a)        The boards of commissioners of any one or more countieswithin an area for which a district may be created as provided by G.S. 160A‑662,and the governing body of any city geographically located within one or more ofthese counties and that chooses to join in the organization of a district, mayby resolution signify their determination to organize a district under theprovisions of this Article. Each of these resolutions shall be adopted after apublic hearing thereon, notice of which hearing shall be given by publicationat least once, not less than 10 days prior to the date fixed for the hearing,in a newspaper having a general circulation in the county. The notice shallcontain a brief statement of the substance of the proposed resolution, shallset forth the proposed articles of incorporation of the district, and shallstate the time and place of the public hearing. A copy of the notice shall bemailed not later than the first day of newspaper publication to the businessoffice of any public utility that holds a franchise from the North CarolinaUtilities Commission to serve any part of the proposed district with naturalgas service. No county or city shall be required to make any other publicationof the resolution under the provisions of any other law.

(b)        Each resolution shall include articles of incorporationwhich shall set forth all of the following:

(1)        The name of the district.

(2)        The composition of the board of trustees, terms of office,and the manner of making appointments and filling vacancies.

(3)        A statement that the district is organized under thisArticle.

(4)        The names of the organizing counties and cities.

(5)        Provision for the distribution of assets in the event thedistrict is terminated.

(c)        A certified copy of each of the resolutions signifying thedetermination to organize a district under the provisions of this Article shallbe filed with the Secretary of State, together with proof of publication andmailing of the notice of hearing on each of the resolutions. If the Secretaryof State finds that the resolutions, including the articles of incorporation,conform to the provisions of this Article and that the notices of hearing wereproperly published and mailed, the Secretary of State shall file theresolutions and proofs of publication and mailing, shall issue a certificate ofincorporation under the seal of the State, and shall record the certificate inan appropriate book of record. The issuance of this certificate ofincorporation by the Secretary of State shall constitute the district a publicbody and body politic and corporate of the State of North Carolina. Thecertificate of incorporation shall be conclusive evidence of the fact that thedistrict has been duly created and established under this Article.

(d)        When the district has been duly organized and its officerselected, the secretary of the district shall certify to the Secretary of Statethe names and addresses of the officers, the name and address of the registeredagent, and the address of the principal office of the district. The districtshall be subject to the provisions of Article 5 of Chapter 55A of the GeneralStatutes. (1997‑426, s.2.)