North Carolina § 136-89 - 183. Powers of the Authority.

§ 136-89. 183. Powers of the Authority.

The Authority shall have all of the powers necessary to execute the provisions of this Article, including the following: 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. To study, plan, develop, and undertake preliminary design work on Turnpike Projects. At the conclusion of these activities, the Turnpike Authority is authorized to design, establish, purchase, construct, operate, and maintain no more than eleven projects, which shall include the following: Triangle Expressway, including segments also known as N.C. 540, Triangle Parkway, and the Western Wake Freeway in Wake and Durham Counties. The described segments constitute one project. Repealed by Session Laws 2013-183, s. 5.1, effective July 1, 2013. Monroe Connector•ypass. , e. Repealed by Session Laws 2013-183, s. 5.1, effective July 1, 2013. Repealed by Session Laws 2005-275, s. 2, effective August 12, 2005. 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. To fix, revise, charge, retain, enforce, and collect tolls and fees for the use of the Turnpike Projects. Thirty days 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. To issue bonds or notes of the Authority as provided in this Article. 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. To establish, construct, purchase, maintain, equip, and operate any structure or facilities associated with the Turnpike System. To pay all necessary costs and expenses in the formation, organization, administration, and operation of the Authority. 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. 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). 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. To receive and use appropriations from the State and federal government. To adopt procedures to govern its procurement of services and delivery of Turnpike Projects. To perform or procure any portion of services required by the Authority. To use officers, employees, agents, and facilities of the Department for the purposes and upon the terms as may be mutually agreeable. To contract for the construction, maintenance, and operation of a Turnpike Project. 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. To utilize incentives in any contract for development or construction of a Turnpike Project, in order to promote expedited delivery of the project. To enter into reciprocal toll enforcement agreements with other toll agencies, as provided in G.S. 136-89.220. 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. 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 requires prior consultation with the Joint Legislative Commission on Governmental Operations pursuant to G.S. 120-76.1 no less than 180 days prior to initiating the process required by Article 7 of Chapter 159 of the General Statutes. With the exception of the two projects set forth in sub subdivisions a. and c. of this subdivision, the Turnpike projects selected for construction by the Turnpike Authority, prior to the letting of a contract for the project, shall meet the following conditions: (i) two of the projects must be ranked in the top 35 based on total score on the Department produced list entitled "Mobility Fund Project Scores" dated June 6, 2012, and, in addition, may be subject to G.S. 136-18(39a); (ii) of the projects not ranked as provided in (i), one may be subject to G.S. 136-18(39a); (iii) the projects shall be included in any applicable locally adopted comprehensive transportation plans; (iv) the projects shall be shown in the current State Transportation Improvement Program; and (v) toll projects must be approved by all affected Metropolitan Planning Organizations and Rural Transportation Planning Organizations for tolling. History (2002-133, s. 1; 2005-275, s. 2; 2006-228, s. 5; 2006-230, s. 1(b); 2008-225, s. 4; 2011-7, s. 1; 2011-145, s. 28.32(e); 2011-391, s. 56; 2012-85, s. 9; 2013-94, s. 1; 2013-183, ss. 5.1, 5.3; 2015-241, ss. 29.12(a), 29.15A.) Editor's Note. - Session Laws 2002-133, s. 9, provides that the North Carolina Turnpike Authority shall evaluate the feasibility of encouraging mass transit and ridesharing in its proposed toll road facilities. Session Laws 2013-94, s. 2, provides: "The Department of Transportation shall strive to expedite the federal environmental impact statement process to define the route for the Southeast Extension of the Triangle Expressway Turnpike Project by promptly garnering input from local officials and other stakeholders, accelerating any required State studies, promptly submitting permit applications to the federal government, working closely with the federal government during the permitting process, and taking any other appropriate actions to accelerate the environmental permitting process." Session Laws 2013-94, s. 3, provides: "As part of its oversight of the Department of Transportation, the Joint Legislative Transportation Oversight Committee shall closely monitor the progress of the Southeast Extension of the Triangle Expressway Turnpike Project." Session Laws 2013-94, s. 3.1, provides: "This act is effective only if House Bill 817, 2013 Regular Session, becomes law." House Bill 817 is Session Laws 2013-183, effective July 1, 2013. Session Laws 2013-183, s. 7.1(b), provided: "This act is effective only if the General Assembly appropriates funds in the Current Operations and Capital Improvements Appropriations Act of 2013 to implement this act." Session Laws 2013-360, s. 34.30, effective July 1, 2013, repealed Session Laws 2013-183, s. 7.1(b). Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2005-275, s. 2, effective August 12, 2005, rewrote subdivision (a)(2); deleted former subdivision (a)(3), which read: "To study, plan, develop and undertake preliminary design work on three Turnpike Projects, in addition to the three turnpike projects described in subdivision (2) of this subsection, either on its own initiative or at the request of the Board of Transportation. The Authority shall take no further action on a project described by this subdivision unless authorized to do so by Statute." and added subdivision (a)(18). Session Laws 2006-228, s. 5, effective August 10, 2006, rewrote subdivision (a)(2). Session Laws 2006-230, s. 1(b), effective August 1, 2006, in paragraph (a)(17), inserted "with the Department of Transportation" near the beginning of the first sentence; and added the second sentence. Session Laws 2008-225, s. 4, effective August 17, 2008, rewrote subdivision (a)(2)a; added "also known as the Garden Parkway" at the end of subdivision (a)(2)b; added "•ypass" at the end of subdivision (a)(2)c; added "pursuant to G.S. 136-89.183A" at the end of subdivision (a)(2)e; deleted subdivision (a)(2)f which read: "I-540 in Wake and Durham Counties"; and added subdivision (a)(6a). Session Laws 2011-7, s. 1, effective March 18, 2011, added the language "except that segment known as ... except in the area of Interstate 40 East" in subdivision (a)(2)a. Session Laws 2011-145, s. 28.32(e), as amended by Session Laws 2011-391, s. 56, effective July 1, 2011, in subsection (a), in the first sentence of the introductory paragraph in subdivision (2), substituted "eight" for "nine," and in subdivision (2)a., inserted "and Southeast Extension in Wake and Johnston Counties" and substituted "except that no portion of the Southeast Extension shall be located" for "except that segment known as the Triangle Expressway Southeast Extension which shall not be located," and made a minor stylistic change. Session Laws 2012-85, s. 9, effective June 26, 2012, added subdivision (a)(19). Session Laws 2013-94, s. 1, effective June 12, 2013, rewrote subdivision (a)(2)a. Session Laws 2013-183, s. 5.1, effective July 1, 2013, in the introductory language of subdivision (a)(2), substituted "nine Turnpike Projects" for "eight Turnpike Projects"; rewrote subdivision (a)(2)a., making identical changes to those made by Session Laws 2013-94, s. 1; and deleted sub-subdivisions (a)(2)b., (a)(2)d., and (a)(2)e. Session Laws 2013-183, s. 5.3, effective July 1, 2013, added "retain, enforce" in subdivision (a)(5). Session Laws 2015-241, s. 29.12(a), effective July 1, 2015, substituted "Thirty days prior" for "Prior" in the second sentence of subdivision (a)(5). Session Laws 2015-241, s. 29.15A, effective July 1, 2015, in the introductory language of subdivision (a)(2), deleted "up to nine" following "work on" and substituted "no more than eleven projects, which shall include the following" for "the following projects"; substituted "one project" for "three projects" at the end of subdivision (a)(2)a.; and substituted "With the exception of the four two projects" for "With the exception of the four two projects" at the beginning of the last undesignated paragraph in subdivision (a)(2).