NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

 

 

CHAPTER 1104

HOUSE BILL 214

 

 

AN ACT TO CREATE THE NORTH CAROLINA ZOOLOGICAL AUTHORITY AND THE NORTH CAROLINA ZOO SITE SELECTION COMMISSION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Creation of Zoological Authority. There is hereby created an agency to be designated as the North Carolina Zoological Authority hereinafter referred to as the Authority.

Sec. 2.  Board of Directors. The Board of Directors hereinafter referred to as the Board, shall consist of fifteen members and the Board shall be the sole authority in the establishment and location of the North Carolina Zoological Garden.

The fifteen members shall be appointed by the Governor for a term of three years, said term to begin on July 15, 1969. Upon the expiration of the terms of office, and every three years thereafter, the Governor shall appoint successors to the Board. Should a vacancy occur for any reason, the remaining members of the Board shall appoint some person to fill the unexpired term.

At the time of the appointment of members by the Governor he shall designate one of his appointees to serve as temporary Chairman until the Board elects a Chairman. The Board shall elect a Chairman and such other officers as it deems necessary.

The Board shall meet at least quarterly at such times and places as it may determine. Special meetings of the Board may be called by the chairman of the Board or upon the written request of at least four members of the Board. Half the Board members shall constitute a quorum at any meeting of the Board.

Sec. 3.  Advisory Board. The Board of Directors shall appoint sixty citizens of the State who shall constitute the Advisory Board to the Board of Directors. The Advisory Board shall not be a policy making body, but shall consult with and make recommendations to the Board of Directors to assist it in carrying out the purpose and intent of this Act. The members of the Advisory Board shall serve for terms of three years. The Board of Directors shall appoint to fill any vacancy occurring on the Advisory Board for the unexpired term.

Sec. 4.  Site Committee. The Board of Directors and the Advisory Board shall jointly select a Site Committee composed of nine members who shall be citizens of the State and who shall, insofar as possible, represent the various geographical areas of the State. It shall be the duty of the Site Committee to investigate and make recommendations to the Board of Directors of locations for the Zoological Garden.

Sec. 5.  Powers of the Board. The Board shall have the authority to acquire, construct, establish, operate and maintain a zoological garden. The Board shall be the governing body of the Authority and shall adopt necessary by-laws, rules and regulations for the conduct of the North Carolina Zoological Garden.

The Board is specifically authorized, but not by way of limitation, to exercise the following powers and duties:

(a) To acquire on behalf and in the name of the North Carolina Zoological Garden a suitable site for a zoological garden.

(b)  To employ architects to prepare plans for the zoological garden and buildings, to assist and advise the architects in the preparation of those plans, and to approve all plans for the zoological garden and buildings.

(c)  To enter into contracts for the purchase of all real property and interests therein, services, materials, furnishings, and equipment required in connection with the location, design, construction, furnishing, equipping and operations of the North Carolina Zoological Garden.

(d)  To supervise generally the location, construction, furnishing, equipping and operations of the North Carolina Zoological Garden.

(e)  To formulate programs to promote public appreciation of the North Carolina Zoological Garden.

(f)   To disseminate information on the animals and garden as deemed necessary.

(g)  To invite outstanding zoological garden experts to address groups in the State.

(h)  To develop an effective public support of the North Carolina Zoological Garden.

(i)   To solicit financial support from various private sources within and without the State of North Carolina.

(j)   To do all other things necessary to advance and carry out the objectives of the Board.

Sec. 6.  Executive Committee. The Board shall annually elect from its membership an Executive Committee of five members. The Chairman of the Board shall serve ex officio as Chairman of the Executive Committee.

The Executive Committee shall meet at such times and places as the Board may direct, or at the call of the Chairman, or upon the request of any two members of the Committee. The Board may delegate to the Executive Committee any powers it may deem expedient and wise, and the Executive Committee is authorized to exercise all powers delegated to it by the Board.

Sec. 7.  Zoo Director. The Board is authorized to employ and fix the salary of a director, who shall also act as secretary to the Board and members of the Executive Committee, and prescribe his powers and duties. The Director, with the approval of the Board, shall employ such personnel as may be necessary from time to time to perform the duties of the Board and to carry out the purposes of this Act.

Sec. 8.  Right to receive gifts. In order to carry out the purposes of this Act, the Board is authorized to acquire by gift or will, absolutely or in trust, from individuals, corporations, or any other source money or other property, or any interests in property, which may be retained, sold or otherwise used to promote the purposes of this Act. The use of gifts shall be subject to such limitations as may be imposed thereon by donors, notwithstanding any other provisions of this Act.

Sec. 9.  North Carolina Zoological Garden Fund. All girts made to the North Carolina Zoological Garden for the purposes of this Act shall be exempt from every form of taxation including, but not by the way of limitation, ad valorem, intangible, gift, inheritance and income taxation. Proceeds from the sale of any property acquired under the provisions of this Section shall be deposited in the North Carolina Zoological Garden treasury.

Sec. 10.  Cities and counties. Cities and counties are hereby authorized to expend funds derived from non-tax sources and to make gifts of surplus property, to assist in carrying out the purposes of this Act.

Sec. 11.  It is the intent of this Act that the funds for the acquisition of site, for the creation, establishment, construction, operation and maintenance of the North Carolina Zoological Garden shall be obtained primarily from private sources; however, the Board of Directors is hereby authorized to receive and expend such funds as may from time to time become available by appropriation or otherwise from the State of North Carolina: Provided, that the North Carolina Zoological Authority shall not in any manner pledge the faith and credit of the State of North Carolina for any of its purposes.

Sec. 12.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 13.  This Act shall be in full force and effect from and after July 1, 1969.

In the General Assembly read three times and ratified, this the 30th day of June, 1969.