NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

CHAPTER 1097

HOUSE BILL 970

AN ACT TO CREATE THE BRUNSWICK-NEW HANOVER MARITIME COMMISSION TO PROMOTE AN AREA LYING BETWEEN THE CAPE FEAR AND BRUNSWICK RIVERS KNOWN AS EAGLE ISLAND LOCATED IN BRUNSWICK AND NEW HANOVER COUNTIES.

WHEREAS, the area known as "Eagle Island" is located between the Cape Fear and Brunswick Rivers in New Hanover and Brunswick Counties; and

WHEREAS, it is within the best interest of the State of North Carolina and the counties of Brunswick and New Hanover to establish a commission to promote the area known as Eagle Island: Now, therefore,

The General Assembly of North Carolina do enact:

Section 1. Short Title. This Act may be cited as the "Brunswick-New Hanover Maritime Commission Act".

Sec. 2. Definitions. As used in this Act the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning:

(a)       The word "Commission" shall mean the Brunswick-New Hanover Maritime Commission, a public corporation of the State of North Carolina;

(b)       The word "project" shall mean the port, dock, storage, transportation, industrial and manufacturing facilities, or any portion thereof, to be constructed on or near Eagle Island, situated between the Brunswick and Cape Fear Rivers in New Hanover and Brunswick Counties, North Carolina, and shall include, but not be limited to, all warehouses; fumigating plants; storage sheds and buildings; access roads and railroads; granaries; agricultural processing plants; loading, transfer and exchange buildings; approaches; service facilities; communications facilities; and administration and other buildings which the commission may deem necessary for the successful operation of the project, together with all equipment, property, rights, easements and interests which may be acquired by the commission for the construction or the operation of such project.

(c)       The word "cost" as applied to any project undertaken under the authority of this Act by the commission shall embrace the cost of construction, the cost of the acquisition of all land, rights of way, property, rights, easements and interests acquired by the commission for such construction, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction and, if deemed advisable by the commission, for a period not exceeding one year after completion of construction, cost of financial, engineering and legal services, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing any such project, administrative expense, and such other expense as may be necessary or incident to the construction of the project, the financing of such construction and the placing of the project in operation.

Sec. 3. There is hereby created a body corporate and politic to be known as "Brunswick-New Hanover Maritime Commission". The commission is hereby constituted an instrumentality of the State of North Carolina, and the exercise of the commission of the powers conferred by this Act in the construction, maintenance, repair and operation of any project shall be deemed and held to be an essential governmental function of the State. The commission shall consist of six members, two of whom shall be appointed by the Governor of North Carolina; two to be appointed by the Board of County Commissioners of New Hanover County; and two who shall be appointed by the Board of County Commissioners of Brunswick County. The two members initially appointed by the Governor shall serve for terms of six years each. Of the members initially appointed by the Counties of New Hanover and Brunswick, one member from each county shall serve for terms of two years each and the remaining members shall serve for terms of four years each. Thereafter, all appointments shall be for a term of six years. Each member of the commission may be removed from office by the appointing body or bodies, with or without cause.

Any vacancy in the membership of the commission shall be filled in the same manner as the original appointment, but for the unexpired term only.

The commission shall elect one of its members chairman, and another member vice chairman, who shall serve until their respective successors have been designated. The commission shall elect a secretary and treasurer, who need not be a member. Four members of the commission shall constitute a quorum, and the vote of four members shall be necessary for any action taken by the commission. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission.

The members of the commission shall not receive regular compensation for their services as members of the commission. Each member shall be paid a per diem compensation, and actual expenses necessarily incurred in the performance of official duties, said per diem to be fixed by the Governor, and to be paid only from revenues accruing to the commission, as hereinafter provided.

Sec. 4. The Counties of Brunswick and New Hanover, North Carolina, respectively, are hereby authorized and permitted to advance or expend such amount or amounts as either or both of said local governments, acting together or separately, may, in their discretion, determine, not exceeding fifty thousand dollars ($50,000.00) as a loan to the Brunswick-New Hanover Maritime Commission to be used in the payment of any portion of the cost of any project or projects.

Sec. 5. General Grant of Powers. The commission shall have perpetual succession and shall have the following powers:

(a)       To adopt bylaws for the regulation of its affairs and the conduct of its business;

(b)       To adopt a corporate seal and alter the same at pleasure;

(c)       To maintain an office at such place or places within the State as it may designate;

(d)       To sue and be sued in its name;

(e)       To construct, maintain, repair and operate projects at such locations on or near Eagle Island in Brunswick and New Hanover Counties as shall be designated by the commission;

(f)        To fix and revise, from time to time, and charge and collect tolls, rents and service charges for the use of any portion or all of any project and its various services and facilities;

(g)       To establish rules and regulations for the use of any portion or all of any project or facilities to be constructed by it;

(h)       To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Act;

(i)        To purchase such lands, machinery, buildings, structures, equipment, rights of way, franchises, easements and interests in lands deemed by the commission to be necessary for the construction, operation, or protection of any project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof;

(j)        To make and enter into all contracts, leases and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Act;

(k)       To employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers and such other employees and agents as may be necessary in its judgment; to fix their compensation; and to promote and discharge such employees and agents;

(1)       To employ contractors and enter into construction contracts for the erection and construction of each and every part of any project in such manner and for such price as it may determine to be for the best interests of the commission;

(m)      To accept loans and grants of money or materials or property, at any time, from the United States of America, or the State of North Carolina or any agency or instrumentality thereof, or any person, firm or corporation upon such terms and conditions as the lender or grantor may impose;

(n)       To do all acts and things necessary or convenient to carry out the powers expressly granted in this Act.

Sec. 6. Act Liberally Construed. This Act being necessary for the welfare of the State and its inhabitants shall be liberally construed to effect the purposes thereof.

Sec. 7. Severability. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provisions or application, and to this end the provisions of this Act are declared to be severable.

Sec. 8. Inconsistent Laws Applicable. All other general or special laws, or parts thereof, inconsistent herewith, are hereby declared to be inapplicable to the provisions of this Act.

Sec. 9. Nothing in this Act shall be construed as authorizing the creation or imposition of any fiscal obligations or liability of any nature whatsoever on the State of North Carolina or any agency or department thereof. The intention of this Act is to make the commission herein created an independent corporation.

Sec. 10. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 16th day of June 1965.