2009 North Carolina Code
Chapter 136 - Transportation.
§ 136-89.183. Powers of the Authority.

§ 136‑89.183.  Powers of the Authority.

(a)        The Authority shall have all of the powers necessary to execute the provisions of this Article, including the following:

(1)        The powers of a corporate body, including the power to sue and be sued, to make contracts, to adopt 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 Wake Freeway in Wake and Durham Counties.

b.         Gaston East‑West Connector, also known as the Garden Parkway.

c.         Monroe Connector/Bypass.

d.         Cape Fear Skyway.

e.         A bridge of more than two miles in length going from the mainland to a peninsula bordering the State of Virginia, pursuant to G.S. 136‑89.183A.

f.          Repealed by Session Laws 2008‑225, s. 4, effective August 17, 2008.

Any other project proposed by the Authority in addition to the projects listed in this subdivision must be approved by the General Assembly prior to construction.

A Turnpike Project selected for construction by the Turnpike Authority shall be included in any applicable locally adopted comprehensive transportation plans and shall be shown in the current State Transportation Improvement Plan prior to the letting of a contract for the Turnpike Project.

(3)        Repealed by Session Laws 2005‑275, s. 2, effective August 12, 2005.

(4)        To rent, lease, purchase, acquire, own, encumber, dispose of, or mortgage real or personal property, including the power to acquire property by eminent domain pursuant to G.S. 136‑89.184.

(5)        To fix, revise, charge, and collect tolls and fees for the use of the Turnpike Projects. Prior to the effective date of any toll or fee for use of a Turnpike Facility, the Authority shall submit a description of the proposed toll or fee to the Board of Transportation, the Joint Legislative Transportation Oversight Committee and the Joint Legislative Commission on Governmental Operations for review.

(6)        To issue bonds or notes of the Authority as provided in this Article.

(6a)      To invest the proceeds of bonds or notes of the Authority that are pending disbursement or other 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 facilities associated with the Turnpike System.

(8)        To pay all necessary costs and expenses in the formation, organization, administration, and operation of the Authority.

(9)        To apply for, accept, and administer loans and grants of money or real or personal property from any federal agency, the State or its political subdivisions, local governments, or any other public or private sources available.

(10)      To adopt, alter, or repeal its own bylaws or rules implementing the provisions of this Article, in accordance with the review and comment requirements of G.S. 136‑89.182(j).

(11)      To utilize employees of the Department; to contract for the services of consulting engineers, architects, attorneys, real estate counselors, appraisers, and other consultants; to employ administrative staff as may be required in the judgment of the Authority; and to fix and pay fees or compensation to the Department, contractors, and administrative employees from funds available to the Authority.

(12)      To receive and use appropriations from the State and federal government.

(13)      To adopt procedures to govern its procurement of services and delivery of Turnpike Projects.

(14)      To perform or procure any portion of services required by the Authority.

(15)      To use officers, employees, agents, and facilities of the Department for the purposes and upon the terms as may be mutually agreeable.

(16)      To contract for the construction, maintenance, and operation of a Turnpike Project.

(17)      To enter into partnership agreements with the Department of Transportation, agreements with political subdivisions of the State, and agreements with private entities, and to expend such funds as it deems necessary, pursuant to such agreements, for the purpose of financing the cost of acquiring, constructing, equipping, operating, or maintaining any Turnpike Project. An agreement entered under this subdivision requires the concurrence of the Board of Transportation if the Department of Transportation is a party to the agreement.

(18)      To utilize incentives in any contract for development or construction of a Turnpike Project, in order to promote expedited delivery of the project.

(b)        To execute the powers provided in subsection (a) of this section, the Authority shall determine its policies by majority vote of the members of the Authority Board present and voting, a quorum having been established. Once a policy is established, the Authority Board shall communicate it to the Executive Director or the Executive Director's designee, who shall have the sole and exclusive authority to execute the policy of the Authority. No member of the Authority Board shall have the responsibility or authority to give operational directives to any employee of the Authority other than the Executive Director or the Director's designee.  (2002‑133, s. 1; 2005‑275, s. 2; 2006‑228, s. 5; 2006‑230, s. 1(b); 2008‑225, s. 4.)