§ 160A-552. Creation of authority.
§ 160A‑552. Creation of authority.
The city council of any city may, upon its own initiative, and shall,upon petition of 25 or more residents of the city, hold a public hearing on thequestion whether or not it is necessary for the city to organize an authorityunder the provisions of this Article. Notice of the time, place and purpose ofsuch hearing shall be given by publication in a newspaper of generalcirculation in the city, at least once, at least 10 days before such hearing.At such hearing, an opportunity to be heard shall be granted to all residentsand taxpayers of the city and all other interested persons. If, after suchhearing, the city council shall by resolution determine that it is necessaryfor the city to organize an authority under the provisions of this Article, thecity council shall appoint, as hereinafter provided, five commissioners to actas an authority. Said commission shall be a public body and a body corporateand politic upon the completion of the taking of the following proceedings:
The commissioners shall present or cause to be presented to theSecretary of State of North Carolina a written application signed by them,which shall set forth
(1) A statement that the city council has, pursuant to thisArticle, and after a public hearing held as herein required, determined that itis necessary for the city to organize an authority under the provisions of thisArticle, and has appointed the signers of such application as commissioners ofsuch an authority;
(2) A statement that the commissioners desire the authority tobecome a public body and a body corporate and politic under this Article;
(3) The name, address and term of office of each of thecommissioners;
(4) The name which is proposed for the corporation; and
(5) The location and the principal office of the proposedcorporation.
Theapplication shall be accompanied by a copy, certified by the city clerk, of theresolution or resolutions of the city council making such determination andappointments. The application shall be subscribed and sworn to by each of saidcommissioners before an officer authorized by law to take and certify oaths,who shall certify upon the application that he personally knows saidcommissioners and knows them to be the persons appointed as stated in theapplication, and that each subscribed and swore thereto in the officer'spresence. The Secretary of State shall examine the application and if he findsthat the name proposed for the corporation is not identical with that of aperson or any other corporation of this State or so nearly similar as to leadto confusion and uncertainty, he shall receive and file it and shall record itin an appropriate book of record in his office.
When the application has been made, filed and recorded, as hereinprovided, the authority shall constitute a public body and body corporate andpolitic under the name proposed in the application; and the Secretary of Stateshall make and issue a certificate of incorporation pursuant to this Article,under the seal of the State, and shall record the same with the application.
The boundaries of such authority shall be coterminous with those ofsuch city.
In any suit, action or proceeding involving the validity or enforcementof or relating to any contract of the authority, the authority shall beconclusively deemed to have been established in accordance with the provisionsof this Article upon proof of the issuance of the aforesaid certificate by theSecretary of State. A copy of such certificate, duly certified by the Secretaryof State, shall be admissible in evidence in any such suit, action orproceeding, and shall be conclusive proof of the filing and contents thereof. (1951, c. 779, s. 3; 1979, 2nd Sess., c. 1247, s. 44.)