§ 63A-4. Powers of the Authority.
§63A‑4. Powers of the Authority.
(a) The Authority shallhave all of the powers necessary to execute the provisions of this Chapter,which shall include at least the following powers:
(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 establish,finance, purchase, construct, operate, and regulate cargo airport complexes andto own, finance, lease, sell, or manage real or personal property.
(3) To charge andcollect fees and rents for the use of the cargo airport complexes or forservices rendered in the operation of the complexes.
(4) To contract andenter into agreements with the State, local governments, other authorities ofNorth Carolina, and other states for the interchange of business and tofacilitate the business of cargo airport complexes.
(5) 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. 63A‑6.
(6) To establish,construct, purchase, maintain, equip, and operate any structure or facilitiesto aid commerce associated with a cargo airport complex, including theconstruction of highways, bridges, shipping facilities, electronic cargotransfer systems, mass transit systems, and other transportation facilities.Before constructing a highway or a bridge, the Authority shall consult with theDepartment of Transportation.
(7) To create andoperate agencies and departments needed to implement this Chapter.
(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 from any federal agency, fromthe State or its political subdivisions, or from any other public or privatesources available, to expend the money in accordance with the requirementsimposed by the lender or donor, and to give any evidences of indebtedness thatare required. No indebtedness of any kind incurred or created by the Authorityshall constitute an indebtedness of the State or its political subdivisions,and no indebtedness of the Authority shall involve or be secured by the faith,credit, or taxing power of the State or its political subdivisions.
(10) To adopt, alter, orrepeal its own bylaws or rules implementing the provisions of this Chapter.
(11) To execute financingagreements, security documents, and other instruments necessary in exercisingits power under this Chapter.
(12) To fix, charge,collect, pledge, or assign revenues of the Authority.
(13) To employ consultingengineers, architects, attorneys, real estate counselors, appraisers, and otherconsultants and employees as may be required in the judgment of the Board andto fix and pay their compensation from funds available to the Authority, and,when approved by the Local Government Commission under G.S. 159‑123(e)and (f) as if the Authority were an issuing unit, to select and retainfinancial consultants, underwriters, and bond attorneys in connection with theissuance of any bonds and to pay for their services out of the proceeds of anybond issue for which their services were performed.
(14) To issue bonds ornotes of the Authority as provided under this Chapter to pay the costs of aproject.
(15) To issue revenuerefunding bonds of the Authority as provided under this Chapter.
(16) To procure andmaintain adequate insurance or otherwise provide for adequate protection toindemnify the Authority and its officers, directors, agents, employees,adjoining property owners, or the general public against loss or liabilityresulting from any act or omission by or on behalf of the Authority.
(17) To purchase orfinance real or personal property in the manner provided for cities andcounties under G.S. 160A‑20.
(18) To enter intoagreements with counties pursuant to G.S. 63A‑15.
(19) To exercise thepowers granted political subdivisions under Article 4, Chapter 63 of theGeneral Statutes, and to exercise the powers granted to municipalities andcounties under Article 6, Chapter 63 of the General Statutes, governing publicairports and related facilities.
(20) To act as agent forthe United States of America or any agency of the United States in any matterwithin the purpose of this Chapter. When acting as agent for the United Statesor one of its agencies, the Authority shall keep the interest of the Stateparamount.
(21) With the approval ofany unit of local government, to use officers, employees, agents, and facilitiesof the unit of local government for the purposes and upon the terms as may bemutually agreeable.
(22) To issue obligations,without Local Government Commission approval, to finance the purchase oracquisition of land or options on land, or the construction of buildings orfacilities. An obligation may be secured by the land purchased or acquired, orby the buildings or facilities constructed, may be unsecured, or may be madepayable from revenues, the proceeds of notes, bonds, or the sale of any lands,the proceeds of any bonds of the State or moneys appropriated by the State, orany other available moneys of the Authority. An obligation to finance thepurchase or acquisition of land or options on land, or the construction ofbuildings or facilities, may be sold only to the Escheat Fund as an investmentof the Fund pursuant to G.S. 147‑69.2(b)(11).
(23) To receive and useappropriations from the State, including an appropriation from the proceeds ofState general obligation bonds or notes.
(b) To execute thepowers provided in subsection (a) of this section, the Board shall determinethe policies of the Authority by majority vote of the members of the Boardpresent and voting, a quorum having been established. Once a policy isdetermined, the Board shall communicate it to the executive director, who shallhave the sole and exclusive authority to execute the policy of the Authority.No member of the Board shall have the responsibility or authority to giveoperational directives to any employee of the Authority other than theexecutive director. (1991, c. 749, s. 1; 2000‑67, s. 25.3.)