NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 988

SENATE BILL 421

 

 

AN ACT TO AMEND CHAPTER 131, ARTICLE 12 OF THE GENERAL STATUTES TO PERMIT A HOSPITAL AUTHORITY TO CHANGE ITS NAME.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 12 of Chapter 131 of the General Statutes is hereby amended by inserting the following immediately after Section 93 of Chapter 131.

"131‑93.1.  An authority created and existing pursuant to this Article, may at any time, by resolution adopted by a majority of the Commissioners, change its name. A copy of such resolution, duly verified by the Chairman and Secretary of the Board of Commissioners before an officer authorized by the laws of this State to take and certify oaths, shall be delivered to the Secretary of State, together with a conformed copy thereof. If the Secretary of State shall find that the proposed name is not identical with that of a person or of any other corporation of this State, or so nearly similar as to lead to confusion and uncertainty, he shall receive and file it, and shall record it in an appropriate book of record in his office, and thereupon return to the authority the conformed copy, together with a certificate stating that attached thereto is a true copy of the document filed in his office and showing the date of such filing.

Sec. 2.  G.S. 131‑115 is amended by adding a new paragraph at the end thereof reading as follows:

"In the event any municipality or city shall sell, convey or otherwise irrevocably transfer to an authority property pursuant to this Section having a market value in excess of one hundred thousand dollars ($100,000.00) and in the event the authority accepts the conveyance, the chairman or mayor of the governing body of such municipality or city shall thereafter have the right to name to the authority, to serve as Commissioners, for three-year terms such number of persons as, when compared with the existing membership of the authority, will, in the sole opinion of the governing body of such municipality or city and the authority, fairly represent the approximate relationship of the total value of the property being transferred to the total value of the property already held by the authority, but in no event shall fewer than two persons nor more than nine persons be added to the authority. The size of the authority shall be increased by the number thus added. The times of commencement and of expiration of the initial terms of those being added shall be determined by agreement between the authority and the governing body, and copies of the agreement setting out the number of persons being added and the terms shall be filed with the clerk of such municipality or city, and thereafter copies of reports referred in to G.S. 131‑111 shall be filed with the clerk of such municipality or city."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall become effective from and after its ratification.

In the General Assembly read three times and ratified, this the 17th day of June, 1961.