NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 345
SENATE BILL 96

AN ACT TO DECLARE TELEPHONE MEMBERSHIP CORPORATIONS TO BE PUBLIC AGENCIES AND SUBJECT TO THE SAME TAXES AS A COUNTY AND A MUNICIPALITY; TO PROVIDE FOR THE DISSOLUTION OF TELEPHONE MEMBERSHIP CORPORATIONS; AND TO AMEND CERTAIN PROVISIONS OF ARTICLE 4 OF CHAPTER 117 OF THE GENERAL STATUTES OF NORTH CAROLINA.

The General Assembly of North Carolina do enact:

Section 1.  Section 117-30 of the General Statutes is hereby amended by deleting the word "and" in line 12 and substituting in lieu thereof a comma, and by adding a comma after the words "provisions of §§ 117-8, 117-9" in line 12 and by adding thereafter and before the words "shall not be applicable", the following:
"117-10.1, 117-10.2, 117-16.1, 117-19 and 117-24."
Sec. 2.  Chapter 117 of the General Statutes is hereby amended by adding three new Sections to Article 4 thereof, to be numbered 117-33, 117-34, and 117-35, to read as follows:
"§ 117-33.  Declared Public Agency of State; Taxes and Assessments. A telephone membership corporation heretofore or hereafter organized under this Article shall be, and is hereby declared to be a public agency, and shall have within its limits for which it was formed the same rights as any other political subdivision of the State, and all property owned by said telephone membership corporation and used exclusively for the purpose of said corporation shall be held in the same manner and subject to the same taxes and assessments as property owned by any county or municipality of the State so long as said property is owned by said telephone membership corporation and is used for the purposes for which the corporation was formed.
"§ 117-34.  Dissolution. Any telephone membership corporation created under this Article may be dissolved by filing, as hereinafter provided, a certificate which shall be entitled and endorsed 'Certificate of Dissolution of ………………………..' (the blank space being filled in with the name of the corporation) and shall state:
"(1)	Name of the corporation, and if such corporation is a corporation resulting from a consolidation as herein provided, the names of the original corporations.
"(2)	The date of filing of the certificate of incorporation, and if such corporation is a corporation resulting from a consolidation as herein provided, the dates on which the certificates of incorporation of the original corporations were filed.
"(3)	That the corporation elects to dissolve.
"(4)	The name and post office address of each of its directors, and the name, title and post office address of each of its officers.
"Such certificate shall be subscribed and acknowledged in the same manner as an original certificate of incorporation by the president or a vice-president, and the secretary or an assistant secretary, who shall make and annex an affidavit, stating that they have been authorized to execute and file such certificate by the votes cast in person or by proxy by a majority of the members of the corporation entitled to vote.
"A certificate of dissolution and a certified copy or copies thereof shall be filed in the same place as an original certificate of incorporation and thereupon the corporation shall be deemed to be dissolved.
"Such corporation shall continue for the purpose of paying, satisfying and discharging any existing liabilities or obligations and collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name. Any assets remaining after all liabilities or obligations of the corporation have been satisfied or discharged shall pass to and become the property of the State.
"§ 117-35.  Article Complete in Itself and Controlling. This Article 4 is complete in itself and shall be controlling. The provisions of any other law, general, special, or local except as provided in this Article, shall not apply to a telephone membership corporation formed under this Article."
Sec. 3.  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 28th day of April, 1965.