§ 136-89.183. Powers of the Authority.
§ 136‑89.183. Powers ofthe Authority.
(a) The Authority shallhave all of the powers necessary to execute the provisions of this Article,including the following:
(1) The powers of acorporate body, including the power to sue and be sued, to make contracts, toadopt and use a common seal, and to alter the adopted seal as needed.
(2) To study, plan,develop, and undertake preliminary design work on up to nine Turnpike Projects.At the conclusion of these activities, the Turnpike Authority is authorized to design,establish, purchase, construct, operate, and maintain the following projects:
a. Triangle Expressway,including segments also known as N.C. 540, Triangle Parkway, and Western WakeFreeway in Wake and Durham Counties.
b. Gaston East‑WestConnector, also known as the Garden Parkway.
c. MonroeConnector/Bypass.
d. Cape Fear Skyway.
e. A bridge of morethan two miles in length going from the mainland to a peninsula bordering theState of Virginia, pursuant to G.S. 136‑89.183A.
f. Repealed by SessionLaws 2008‑225, s. 4, effective August 17, 2008.
Anyother project proposed by the Authority in addition to the projects listed inthis subdivision must be approved by the General Assembly prior toconstruction.
ATurnpike Project selected for construction by the Turnpike Authority shall beincluded in any applicable locally adopted comprehensive transportation plansand shall be shown in the current State Transportation Improvement Plan priorto the letting of a contract for the Turnpike Project.
(3) Repealed by SessionLaws 2005‑275, s. 2, effective August 12, 2005.
(4) To rent, lease,purchase, acquire, own, encumber, dispose of, or mortgage real or personalproperty, including the power to acquire property by eminent domain pursuant toG.S. 136‑89.184.
(5) To fix, revise,charge, and collect tolls and fees for the use of the Turnpike Projects. Priorto the effective date of any toll or fee for use of a Turnpike Facility, theAuthority shall submit a description of the proposed toll or fee to the Boardof Transportation, the Joint Legislative Transportation Oversight Committee andthe Joint Legislative Commission on Governmental Operations for review.
(6) To issue bonds ornotes of the Authority as provided in this Article.
(6a) To invest theproceeds of bonds or notes of the Authority that are pending disbursement orother idle funds of the Authority in any investment authorized by G.S. 159‑30.
(7) To establish,construct, purchase, maintain, equip, and operate any structure or facilitiesassociated with the Turnpike System.
(8) To pay all necessarycosts and expenses in the formation, organization, administration, andoperation of the Authority.
(9) To apply for,accept, and administer loans and grants of money or real or personal propertyfrom any federal agency, the State or its political subdivisions, localgovernments, or any other public or private sources available.
(10) To adopt, alter, orrepeal its own bylaws or rules implementing the provisions of this Article, inaccordance with the review and comment requirements of G.S. 136‑89.182(j).
(11) To utilize employeesof the Department; to contract for the services of consulting engineers,architects, attorneys, real estate counselors, appraisers, and otherconsultants; to employ administrative staff as may be required in the judgmentof the Authority; and to fix and pay fees or compensation to the Department,contractors, and administrative employees from funds available to theAuthority.
(12) To receive and useappropriations from the State and federal government.
(13) To adopt proceduresto govern its procurement of services and delivery of Turnpike Projects.
(14) To perform or procureany portion of services required by the Authority.
(15) To use officers,employees, agents, and facilities of the Department for the purposes and uponthe terms as may be mutually agreeable.
(16) To contract for theconstruction, maintenance, and operation of a Turnpike Project.
(17) To enter intopartnership agreements with the Department of Transportation, agreements withpolitical subdivisions of the State, and agreements with private entities, andto expend such funds as it deems necessary, pursuant to such agreements, forthe purpose of financing the cost of acquiring, constructing, equipping,operating, or maintaining any Turnpike Project. An agreement entered under thissubdivision requires the concurrence of the Board of Transportation if theDepartment of Transportation is a party to the agreement.
(18) To utilize incentivesin any contract for development or construction of a Turnpike Project, in orderto promote expedited delivery of the project.
(b) To execute thepowers provided in subsection (a) of this section, the Authority shalldetermine its policies by majority vote of the members of the Authority Boardpresent and voting, a quorum having been established. Once a policy isestablished, the Authority Board shall communicate it to the Executive Directoror the Executive Director's designee, who shall have the sole and exclusiveauthority to execute the policy of the Authority. No member of the AuthorityBoard shall have the responsibility or authority to give operational directivesto any employee of the Authority other than the Executive Director or theDirector's designee. (2002‑133, s. 1; 2005‑275, s. 2; 2006‑228, s. 5;2006‑230, s. 1(b); 2008‑225, s. 4.)