§ 160A-633. Creation of Authority.
§ 160A‑633. Creation of Authority.
(a) The city councils of the four largest cities within an areafor which an authority may be created as defined in G.S. 160A‑632 may byresolution signify their determination to organize an authority under theprovisions of this Article. Each of such 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 such hearing,in a newspaper having a general circulation in the county. 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 cityshall be required to make any other publication of such resolution under theprovisions of any other law.
(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; and
(3) The names of the four organizing cities.
(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, together with proof of publicationof the notice of hearing on each of such resolutions. If the Secretary of Statefinds that the resolutions, including the articles of incorporation, conform tothe provisions of this Article and that the notices of hearing were properlypublished, he shall file such resolutions and proofs of publication in hisoffice and shall issue a certificate of incorporation under the seal of theState and shall record the same in an appropriate book of record in his office.The issuance of such certificate of incorporation by the Secretary of Stateshall constitute the Authority, a public body and body politic and corporate ofthe State of North Carolina. Said certificate of incorporation shall be conclusiveevidence of the fact that such authority has been duly created and establishedunder 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.
(e) The Authority may become a Designated Recipient pursuant tothe Urban Mass Transportation Act of 1964, as amended. (1997‑393, s. 1.)