§ 131A-4. Additional powers. - North Carolina Statutes

§131A‑4.  Additional powers.

The Commission shall have allof the powers necessary or convenient to carry out and effectuate the purposesand provisions of this Chapter, including, but without limiting the generalityof the foregoing, the power:

(1)        To make and executecontracts and agreements necessary or incidental to the exercise of its powersand duties under this Chapter, including loan agreements and agreements of saleor leases with and mortgages and conveyances to public and nonprofit agencies,persons, firms, corporations, governmental agencies and others;

(2)        To acquire bypurchase, the exercise of the power of eminent domain but only in connectionwith a financing for a public agency, lease, gift or otherwise, or to obtainoptions for the acquisition of, any property, real or personal, improved orunimproved, including interests in land in fee or less than fee for any healthcare facilities, upon such terms and at such cost as shall be agreed upon bythe owner and the Commission;

(3)        To arrange orcontract with any county, city, town or other political subdivision orinstrumentality of the State for the opening or closing of streets or for thefurnishing of utility or other services to any health care facilities;

(4)        To sell, convey,lease as lessor, mortgage, exchange, transfer, or otherwise dispose of, or togrant options for any such purposes with respect to, any real or personalproperty or interest therein;

(5)        To pledge or assignany money, purchase price payments, rents, loan repayments, charges, fees orother revenues, including any federally guaranteed security and moneys receivedtherefrom whether such securities are initially acquired by the Commission or apublic or nonprofit agency, and any proceeds derived by the Commission fromsales of property, insurance, condemnation awards or other sources;

(6)        To pledge or assignthe revenues and receipts from any health care facilities and any agreement ofsale or lease or the purchase price payments, rent and income receivedthereunder;

(7)        To borrow money asherein provided to carry out and effectuate its corporate purposes and to issuein evidence thereof bonds and notes for the purpose of providing funds to payall or any part of the cost of any health care facilities, to lend money to anypublic or nonprofit agency to pay all or any part of the cost of health carefacilities, to acquire any federally guaranteed security or any federallyinsured mortgage note, to lend money to any public or nonprofit agency for theacquisition of any federally guaranteed security and to issue revenue refundingbonds;

(8)        To finance, acquire,construct, equip, provide, operate, own, repair, maintain, extend, improve,rehabilitate, renovate and furnish any health care facilities and to pay all orany part of the cost thereof from the proceeds of bonds or notes or from anycontribution, gift or donation or other funds available to the Commission forsuch purpose;

(9)        To fix, revise,charge and collect or cause to be fixed, revised, charged and collectedpurchase price payments, rents, loan repayments, fees, professional contractsand charges for the use of, or services rendered by, any health carefacilities;

(10)      To employ fiscalconsultants, consulting engineers, architects, attorneys, health careconsultants, appraisers and such other consultants and employees as may berequired in the judgment of the Commission and to fix and pay theircompensation from funds available to the Commission therefor and to select andretain subject to approval of the Local Government Commission the financialconsultants, underwriters and bond attorneys to be associated with the issuanceof any bonds and to pay for services rendered by underwriters, financialconsultants or bond attorneys out of the proceeds of any such issue with regardto which the services were performed;

(11)      To conduct studiesand surveys respecting the need for health care facilities and their location,financing and construction;

(12)      To apply for, accept,receive and agree to and comply with the terms and conditions governing grants,loans, advances, contributions, interest subsidies and other aid with respectto health care facilities from federal and State agencies or instrumentalitiesand to accept, receive and agree to and comply with the terms and conditions governingpayments under any health insurance programs;

(13)      To sue and be sued inits own name, plead and be impleaded;

(14)      To acquire and enterinto commitments to acquire any federally guaranteed security or federallyinsured mortgage note and to pledge or otherwise use any such federallyguaranteed security or federally insured mortgage note in such manner as theCommission deems in its best interest to secure or otherwise provide a sourceof repayment on any of its bonds or notes issued on behalf of any public ornonprofit agency to finance or refinance the cost of any health carefacilities.

Any power granted to theCommission under the provisions of this Chapter may be exercised by theexecutive committee of the Commission when the Commission is not in session,except that the executive committee may not overrule, reverse or disregard anyaction of the full Commission. The chairman of the Commission may call meetingsof the executive committee at any time. (1975, c. 766, s. 1; 1977, c.267; 1979, c. 54, ss. 2‑6; 1985, c. 723, s. 4.)