§ 143B-454. Powers of Authority. - North Carolina Statutes

§ 143B‑454.  Powers ofAuthority.

(a)        In order to enableit to carry out the purposes of this Part, the said Authority shall:

(1)        Have the powers of abody corporate, including the power to sue and be sued, to make contracts, andto adopt and use a common seal and to alter the same as may be deemedexpedient;

(2)        Have the authorityto make all necessary contracts and arrangements with other port authorities ofthis and other states for the interchange of business, and for such otherpurposes as will facilitate and increase the business of the North CarolinaState Ports Authority;

(3)        Be authorized andempowered to rent, lease, buy, own, acquire, mortgage, otherwise encumber, anddispose of such property, real or personal, as said Authority may deem properto carry out the purposes and provisions of this Part, all or any of them;

(4)        Be authorized andempowered to acquire, construct, maintain, equip and operate any wharves,docks, piers, quays, elevators, compresses, refrigeration storage plants,warehouses and other structures, and any and all facilities needful for theconvenient use of the same in the aid of commerce, including the dredging ofapproaches thereto, and the construction of beltline roads and highways andbridges and causeways thereon, and other bridges and causeways necessary oruseful in connection therewith, and shipyards, shipping facilities, andtransportation facilities incident thereto and useful or convenient for the usethereof, and to acquire, construct, and maintain, but not operate, such railfacilities as may be necessary or useful in connection with the operation ofthe State Ports, provided that nothing in this subdivision shall be construedas requiring or allowing the North Carolina State Ports Authority to become acarrier by rail subject to the federal laws regulating those carriers;

(5)        The Authority shallappoint an Executive Director, whose salary shall be fixed by the Authority, toserve at its pleasure. The Executive Director or his designee shall appoint,employ, dismiss and, within the limits of available funding, fix thecompensation of such other employees as he deems necessary to carry out thepurposes of this Part. There shall be an executive committee consisting of thechairman of the Authority and two other members elected annually by theAuthority. The executive committee shall be vested with authority to do allacts which are authorized by the bylaws of the Authority. Members of theexecutive committee shall serve until their successors are elected;

(6)        Establish an officefor the transaction of its business at such place or places as, in the opinionof the Authority, shall be advisable or necessary in carrying out the purposesof this Part;

(7)        Be authorized andempowered to create and operate such agencies and departments as said board maydeem necessary or useful for the furtherance of any of the purposes of thisPart;

(8)        Be authorized andempowered to pay all necessary costs and expenses involved in and incident tothe formation and organization of said Authority, and incident to theadministration and operation thereof, and to pay all other costs and expensesreasonably necessary or expedient in carrying out and accomplishing thepurposes of this Part;

(9)        Be authorized andempowered to apply for and accept loans and grants of money from any federalagency or the State of North Carolina or any political subdivision thereof orfrom any public or private sources available for any and all of the purposesauthorized in this Article, and to expend the same in accordance with thedirections and requirements attached thereto, or imposed thereon by any suchfederal agency, the State of North Carolina, or any political subdivisionthereof, or any public or private lender or donor, and to give such evidencesof indebtedness as shall be required, provided, however, that no indebtednessof any kind incurred or created by the Authority shall constitute anindebtedness of the State of North Carolina, or any political subdivisionthereof, and no such indebtedness shall involve or be secured by the faith,credit or taxing power of the State of North Carolina, or any politicalsubdivision thereof;

(10)      Be authorized andempowered to act as agent for the United States of America, or any agency,department, corporation, or instrumentality thereof, in any matter comingwithin the purposes or powers of the Authority;

(11)      Have power to adopt,alter or repeal its own bylaws, rules and regulations governing the manner inwhich its business may be transacted and in which the power granted to it maybe enjoyed, and may provide for the appointment of such committees, and thefunctions thereof, as the Authority may deem necessary or expedient infacilitating its business. The Authority may establish fees for its services.In establishing these fees, the Authority shall consider the cost of providingservice, revenue requirements, the cost of similar services at other seaportsin the South Atlantic region, and any other factors it considers relevant. TheAuthority shall report the establishment or increase of any fee to the JointLegislative Commission on Governmental Operations no later than 30 businessdays after it establishes or increases the fee.

(12)      Be authorized andempowered to do any and all other acts and things in this Part authorized orrequired to be done, whether or not included in the general powers in thissection mentioned; and

(13)      Be authorized andempowered to do any and all things necessary to accomplish the purposes of thisPart: Provided, that said Authority shall not engage in shipbuilding.

The property of the Authorityshall not be subject to any taxes or assessments thereon.

(b)        In order to executethe powers enumerated in subsection (a), the Authority shall determine thepolicies of the North Carolina State Ports Authority by majority vote of allmembers of the Authority present and voting. Once a policy is determined, theAuthority shall communicate it to the Executive Director, who shall have thesole and exclusive authority to execute the policy of the Authority. No memberof the Authority shall have responsibility or authority to give operationaldirectives to any employee of the North Carolina State Ports Authority otherthan the Executive Director. (1945, c. 1097, s. 3; 1949, c. 892, s. 2; 1953, c.191, s. 5; 1959, c. 523, ss. 3‑5; 1975, c. 716, s. 2; 1977, c. 65, s. 2;c. 198, ss. 7, 9; c. 802, s. 50.45; 1979, c. 159, s. 3; 1981 (Reg. Sess.,1982), c. 1181, s. 2; 1983, c. 717, s. 84; 1985, c. 479, s. 219; 1985 (Reg.Sess., 1986), c. 955, ss. 102, 103; 1987, c. 275, ss. 1, 2; 1989, c. 273, s. 1;2002‑99, s. 7(a); 2002‑126, s. 6.6(c); 2006‑203, s. 109.)