§ 160A-479.7. Powers of authority. - North Carolina Statutes

§ 160A‑479.7.  Powers ofauthority.

(a)        The charter mayconfer on the regional sports authority any or all of the following powers:

(1)        To apply for,accept, receive, and dispense funds and grants made available to it by theState of North Carolina or any agency thereof, the United States of America orany agency thereof, any unit of local government (whether or not a member ofthe authority), and any private or civic agency;

(2)        To employ personnel;

(3)        To contract withconsultants;

(4)        To contract with theState of North Carolina, any other state, the United States of America, or anyagency thereof, for services;

(5)        To adopt bylaws forthe regulation of the affairs and the conduct of its business, and to prescriberules, regulations and policies in connection with the performance of itsfunctions and duties, not inconsistent with this Part;

(6)        To adopt an officialseal and alter the same at pleasure;

(7)        To acquire andmaintain an administrative building or office at such place or places as it maydetermine, which building or office may be used or owned alone or together withany municipalities, corporations, associations or persons under such terms andprovisions for sharing costs and otherwise as may be determined;

(8)        To sue and be suedin its own name, and to plead and be impleaded;

(9)        To receive,administer, and comply with the conditions and requirements respecting anygift, grant, or donation of any property or money;

(10)      To acquire bypurchase, lease, gift, or otherwise, or to obtain options for the acquisitionof, any property, real or personal, improved or unimproved, including aninterest in land less than the fee thereof;

(11)      To sell, lease,exchange, transfer, or otherwise dispose of, or to grant options for any suchpurposes with respect to, any real or personal property or interest therein;

(12)      To pledge, assign,mortgage, or otherwise grant a security interest in any real or personalproperty or interest therein, including the right and power to pledge, assign,or otherwise grant a security interest in any money, rents, charges, or otherrevenues and any proceeds derived by an authority from any and all sources;

(13)      To issue revenuebonds of the authority to finance regional sports and recreational facilities,including support facilities, to refund any revenue bonds or notes issued bythe authority, whether or not in advance of their maturity or earliestredemption date, or to provide funds for other corporate purposes of theauthority;

(14)      With the approval ofthe unit of local government's chief administrative official, to use officers,employees, agents, and facilities of the unit of local government for suchpurposes and upon such terms as may be mutually agreeable;

(15)      To develop and makedata, plans, information, surveys, and studies of public sports and recreationfacilities within the territorial jurisdiction of an authority, to prepare andmake recommendations in regard thereto;

(16)      To study and plan fornew and improved major regional sports and recreational facilities includingbut not limited to arenas, stadia, gymnasia, natatoria, pitches, fields,watercourses, and other areas for the conduct of sports and recreationalactivities. These facilities should be of such sizes and in such locations thatthey will be adequate to serve the population of the entire jurisdiction of theauthority (and beyond) to the extent possible;

(17)      To design any newsuch facilities so they include such equipment and design that efficiency,cost, accessibility, utility, and usability of such facilities will bemaximized;

(18)      To have sportsfacilities grouped into complexes or separated as an authority may see fit, andsuch facilities may include ancillary support facilities including but notlimited to those for administration, sports science, sports medicine, training,museums, meeting rooms and conference centers, accommodations, food services,retail shops, theatres, video services, schools, and educational services.

(19)      To operate thefacilities in such a way as to make them as accessible as possible for rentaland use by the public while balancing the need for as many of the facilities aspossible (particularly any arenas and stadia) to operate annually without adeficit (exclusive of any debt service);

(20)      To operate suchfacilities together with the State, any entity of the State, or localgovernment as appropriate to maintain a high profile and promotional value forNorth Carolina and the region encompassed by an authority and to attract asmany major regional, national, and international tournaments, events,championships training centers, training camps, and headquarters for thegovernance of various sports, associations, and events as reasonable andpossible;

(21)      To generate asignificant and continuing positive economic impact on the region and Statethrough the construction and operation of facilities and conduct of events andactivities within the facilities;

(22)      To set and collectsuch fees and charges for use of such facilities as is reasonable to offsetoperating costs of said facilities and yet enable said facilities to beaffordable to and used by as much of the regional and State population aspossible;

(23)      To apply to theappropriate agencies of the State, the United States or any state thereof, andto any other proper agency for such permits, licenses, certificates orapprovals as may be necessary, and to construct, maintain and operate projectsin accordance with such licenses, permits, certificates or approvals in thesame manner as any other person or operating unit of any other person;

(24)      To employ engineers,architects, attorneys, real estate counselors, appraisers, financial advisorsand such other consultants and employees as may be required in the judgment ofan authority and to fix and pay their compensation from funds available to anauthority therefor and to select and retain subject to approval of the LocalGovernment Commission, the financial consultants, underwriters and bondattorneys to be associated with the issuance of any revenue bonds and to payfor services rendered by underwriters, financial consultants, or bond attorneysout of the proceeds of any such issue with regard to which the services wereperformed; and

(25)      To do all acts andthings necessary, convenient, or desirable to carry out the purposes, and toexercise the powers granted to an authority herein.

(b)        The charter may notconfer the following powers on the regional sports authority:

(1)        To issue generalobligation bonds or otherwise incur a debt that is secured by the full faithand/or credit of the authority, a member government of the authority, or theState.

(2)        To levy a propertytax or other tax.

(3)        To acquire propertyby eminent domain. (1989,c. 780, s. 1; 2007‑495, s. 19.)