§ 160A-667. General powers of the district. - North Carolina Statutes

§ 160A‑667. General powers of the district.

The general powers of the district include all of the following:

(1)        To sue and be sued.

(2)        To have a seal.

(3)        To make rules not inconsistent with this Article, for itsorganization and internal management.

(4)        To employ persons deemed necessary to carry out thefunctions and duties assigned to them by the district and to fix theircompensation, within the limit of available funds.

(5)        With the approval of the unit of local government's chiefadministrative official, to use officers, employees, agents, and facilities ofthe unit of local government for such purposes and upon such terms as may bemutually agreeable.

(6)        To retain and employ counsel, auditors, engineers, andprivate consultants on an annual salary, contract basis, or otherwise forrendering professional or technical services and advice.

(7)        To acquire, lease as lessee with or without option topurchase, hold, own, and use any franchise, property, real or personal,tangible or intangible, or any interest therein and to sell, lease as lessorwith or without option to purchase, transfer (or dispose thereof) whenever theproperty is no longer required for purposes of the district, or exchange it forother property or rights which are useful for the district's purposes. Exceptas provided in any covenant or debt instrument designed to protect thecreditor, if any loans or grants by the Department of Commerce have not beenrepaid, all or a substantial part of an operating natural gas district may notbe disposed of without the approval of the Department of Commerce. If the saleis approved by the Department of Commerce, the district shall repay the Statethe lesser of the amount of any capital grant made by the State or one‑halfof the amount of the proceeds.

(8)        To acquire by gift, purchase, lease as lessee with orwithout option to purchase or otherwise to construct, improve, maintain,repair, operate, or administer any component parts of a natural gas system. Thedistrict also may contract for the maintenance, operation, or administrationthereof or to lease as lessor the same for maintenance, operation, oradministration by private parties.

(9)        To make or enter into contracts, agreements, deeds, leaseswith or without option to purchase, conveyances, or other instruments,including contracts and agreements with the United States, the State of NorthCarolina, and units of local government.

(10)      To develop and make data, plans, information, surveys, andstudies of natural gas systems within the territorial jurisdiction of thedistrict and to prepare and make recommendations in regard thereto.

(11)      To enter in a reasonable manner lands, waters, or premisesfor the purpose of making surveys, soundings, drillings, and examinations. Thisentry shall not be deemed a trespass except that the district shall be liablefor any actual and consequential damages resulting from the entry.

(12)      To develop and carry out demonstration projects.

(13)      To make, enter into, and perform contracts with privateparties and natural gas companies with respect to the management and operationof natural gas systems.

(14)      To make, enter into, and perform contracts with any publicutility, railroad, or transportation company for the joint use of property orrights.

(15)      To own, lease, and operate natural gas systems. These systemsmay also include the purchase or lease, or both, of natural gas fields andnatural gas reserves within the State, and the purchase of natural gas supplieswithin or without the State. A district may operate that part of a gas systeminvolving the purchase or lease, or both, of natural gas fields, natural gasreserves, and natural gas supplies, in an operating agreement, partnership orjoint venture arrangement with natural gas utilities and private enterprise. Thedistrict may acquire, purchase, construct, receive, own, operate, maintain,enlarge, and improve natural gas systems and transport and sell at wholesaleall or any part of its gas supply.

(16)      To purchase or finance real or personal property under G.S.160A‑20.

(17)      To obtain grants, loans, and assistance from the UnitedStates, the State of North Carolina, any public body, or any private source.

(18)      To enter into and perform contracts and agreements with othernatural gas districts, regional natural gas districts, or units of localgovernment pursuant to the provisions of Part 1 of Article 20 of Chapter 160Aof the General Statutes and to enter into contracts and agreements with privatenatural gas companies, but this subdivision does not authorize the operationof, or contracting for the operation of, service of a natural gas systemoutside the service area of the district. A district may provide service orcontract for the providing of service to a city geographically located within adistrict, notwithstanding that the city did not join the district pursuant toG.S. 160A‑663(a) or G.S. 160A‑672.

(19)      Except as restricted by covenants in bonds, notes, securityinterests, or trust certificates, to set in its sole discretion rates, fees,and charges for use of its natural gas system in accordance with G.S. 160A‑676.

(20)      To do all related things necessary to carry out its purposeand to exercise the powers granted to the district.

(21)      To issue revenue bonds and notes and to incur otherobligations as authorized by this Article. (1997‑426, s. 2.)