GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	3 

HOUSE BILL 952
Second Edition Engrossed 5/18/95
Committee Substitute Favorable 7/5/95

Short Title:  North Carolina Bridge Authority.	(Public)

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Sponsors:

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Referred to:  

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April 12, 1995

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE NORTH CAROLINA BRIDGE AUTHORITY.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 136 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 6F.
"North Carolina Bridge Authority.
"§ 136-89.159.  Bridge projects.
(a)	The creation of the North Carolina Bridge Authority is necessitated by:
(1)	The high cost of constructing long bridges;
(2)	The need for providing better access to areas of a peninsula of the mainland where egress has been blocked by federal acquisition of property; and
(3)	The need for providing additional critically needed evacuation routes from the Outer Banks during hurricanes and in the event of other natural disasters.
(b)	The North Carolina Bridge Authority shall construct, maintain, repair, and operate a bridge of more than two miles in length going from the mainland to a peninsula from which land egress is through property of the United States.
"§ 136-89.160.  Funding for projects.
All expenses incurred in carrying out the provisions of this Article shall be payable solely from funds, including federal funds, that are now or may become available to the Authority in the future for projects.  Any fees collected under this Article shall be credited to the Highway Trust Fund and used to offset the costs of building, maintaining, or operating the bridge and other related projects.
"§ 136-89.161.  North Carolina Bridge Authority.
(a)	There is created a body politic and corporate to be known as the 'North Carolina Bridge Authority'.  The Authority is constituted a public agency, and the exercise by the Authority of the powers conferred by this Article in the construction, operation, and maintenance of the bridge project shall be deemed and held to be the performance of an essential governmental function.
(b)	The North Carolina Bridge Authority shall consist of eight members:
(1)	The Secretary of Transportation.
(2)	Three members shall be appointed by the Governor, one for a term expiring on July 1, 1996, one for a term expiring on July 1, 1997, and one for a term expiring on July 1, 1998.  Each subsequent appointment shall be for a term of four years.
(3)	Four members shall be appointed by the General Assembly, two upon the recommendation of the President Pro Tempore of the Senate and two upon the recommendation of the Speaker of the House of Representatives, in accordance with G.S. 120-121.
a.	The President Pro Tempore of the Senate shall recommend the appointment of two members, one of whom shall serve a term expiring June 30, 1997, and one of whom shall serve a term expiring June 30, 1999.  Each subsequent regular appointment shall be for a term of four years.
b.	The Speaker of the House shall recommend the appointment of two members, one of whom shall serve a term expiring June 30, 1997, and one of whom shall serve a term expiring June 30, 1999.  Each subsequent regular appointment shall be for a term of four years.
(c)	The successor of each of the appointed members shall be appointed for a term of four years, but any person appointed to fill a vacancy shall be appointed to serve only for the unexpired term, and a member of the Authority shall be eligible for reappointment.  Each appointed member of the Authority may be removed by the appointing authority for misfeasance, malfeasance, or willful neglect of duty.  Each appointed member of the Authority before entering upon the member's duties shall take an oath to administer the duties of the office faithfully and impartially, and a record of each oath shall be filed in the Office of the Secretary of State.
(d)	At its first meeting after July 1, 1995, and every two years thereafter, the Authority shall elect from its appointed membership a chair and a vice-chair.  The Authority shall also elect a secretary who need not be a member of the Authority.  The secretary shall serve as an officer at the pleasure of the Authority.  Five members of the Authority shall constitute a quorum, and the affirmative vote of five members shall be necessary for any action taken by the Authority.  No vacancy in the membership of the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority.
(e)	The appointed members of the Authority shall receive no salary for their services but shall be entitled to receive per diem and allowances in accordance with the provisions of G.S. 138-5.
(f)	The Authority shall be located within the Department of Transportation for administrative purposes but shall exercise all of its powers independently of the Department of Transportation.
(g)	The Authority shall adopt bylaws with respect to the calling of meetings, quorums, voting procedures, the keeping of records, and other organizational and administrative matters as the Authority may determine.
(h)	Upon completion of any bridge constructed pursuant to this Article, the Authority shall appoint an executive director, whose salary shall be fixed by the Authority, to serve at its pleasure.  Prior to appointing an Executive Director, the Authority shall confer with the Governor regarding the proposed salary to be paid to the Executive Director.  The Executive Director shall be responsible for the daily administration of bridges constructed, maintained, or operated pursuant to this Article.
"§ 136-89.162.  Powers of the Authority.
(a)	The Authority shall have all of the powers necessary to execute the provisions of this Article which shall include at least the following powers:
(1)	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.
(2)	To establish, purchase, construct, operate, and regulate bridges and to own, lease, sell, or manage real or personal property.
(3)	To charge and collect tolls and fees for the use of the bridges, for services rendered in the operation of the bridges, or to offset the costs of building the bridges.  A toll shall not exceed ten dollars ($10.00) and an annual fee for a single vehicle to use the bridge during a year shall not exceed five hundred dollars ($500.00).  The Authority shall report its schedule of tolls and fees to the Joint Legislative Transportation Oversight Committee.
(4)	To rent, lease, purchase, acquire, own, encumber, or dispose of real or personal property.
(5)	To establish, construct, purchase, maintain, equip, and operate any structure or facilities associated with a bridge.
(6)	To pay all necessary costs and expenses in the formation, organization, administration, and operation of the Authority.
(7)	To apply for, accept, and administer loans and grants of money from any federal agency, from the State or its political subdivisions, or from any other public or private sources available.
(8)	To adopt, alter, or repeal its own bylaws or rules implementing the provisions of this Article.
(9)	To employ consulting engineers, architects, attorneys, real estate counselors, appraisers, and other consultants and employees as may be required in the judgment of the Authority and to fix and pay their compensation from funds available to the Authority.
(10)	To procure and maintain adequate insurance or otherwise provide for adequate protection to indemnify the Authority and its officers, directors, agents, employees, adjoining property owners, or the general public against loss or liability resulting from any act or omission by or on behalf of the Authority.
(11)	To receive and use appropriations from the State, including an appropriation from the proceeds of State general obligation bonds or notes.
(b)	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 present and voting, a quorum having been established.
"§ 136-89.163.  Taxation of property of Authority.
Property owned by the Authority is exempt from taxation in accordance with Article V, Section 2 of the North Carolina Constitution.
"§ 136-89.164.  Acquisition, disposition, or exchange of real property.
The Authority may acquire real property by purchase, negotiation, gift, or devise.  When the Authority acquires real property owned by the State, the Secretary of the Department of Administration shall execute and deliver to the Authority a deed transferring fee simple title to the property to the Authority.
"§ 136-89.165.  Cooperation by other State agencies.
All State officers and agencies shall render the services to the Authority within their respective functions as may be requested by the Authority.
"§ 136-89.166.  Annual and quarterly reports.
The Authority shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding year to the Governor, the General Assembly, and the Department of Transportation.   Each report shall be accompanied by an audit of its books and accounts.  The costs of all audits, whether conducted by the State Auditor's staff or contracted with a private auditing firm, shall be paid from funds of the Authority.
The Authority shall submit quarterly reports to the Joint Legislative Transportation Oversight Committee.  The reports shall summarize the Authority's activities during the quarter and contain any information about the Authority's activities that is requested by the Committee.
"§ 136-89.167.  Dissolution.
Whenever the Authority, by resolution, determines that the purposes for which the Authority was formed have been substantially fulfilled, the Authority may declare itself dissolved.  On the effective date of the resolution, the title to all property owned by the Authority at the time of the dissolution shall vest in the State, and possession of the  property shall be delivered to the State."
Sec. 2.  The Joint Legislative Transportation Oversight Committee shall study the best method for funding the North Carolina Bridge Authority and the construction and maintenance of a bridge in Currituck County from the mainland to the Outer Banks near Corolla, and report its findings to the General Assembly on or before the first day of the 1996 Regular Session.
Sec. 3.  This act is effective upon ratification.