116-41.2. Powers of Board of Governors generally.
In addition to the powers which the Board now has, the Board shall have the following powers subject to the provisions of this Part and subject to agreements with the holders of any revenue bonds issued hereunder:
(1) To acquire by gift, purchase or the exercise of the power of eminent domain or to construct, provide, improve, maintain and operate any project or projects;
(2) To borrow money for the construction of any project or projects, and to issue revenue bonds therefor in the name of the University;
(3) To establish, maintain, revise, charge and collect such service charges (free of any control or regulation by any State regulatory body until January 1, 1973, and thereafter only by the North Carolina Utilities Commission) as will produce sufficient revenues to pay the principal of and interest on the bonds and otherwise to meet the requirements of the resolution or resolutions of the Board authorizing the issuance of the revenue bonds;
(4) To pledge to the payment of any bonds of the University issued hereunder and the interest thereon the revenues of the project financed in whole or in part with the proceeds of such bonds, and to pledge to the payment of such bonds and interest any other revenues, subject to any prior pledge or encumbrance thereof;
(5) To appropriate, apply, or expend in payment of the cost of the project the proceeds of the revenue bonds issued for the project;
(6) To sell, furnish, distribute, rent, or permit, as the case may be, the use, occupancy, services, facilities and commodities of or furnished by any project or any system, facility, plant, works, instrumentalities or properties whose revenues are pledged in whole or in part for the payment of the bonds, and to sell, exchange, transfer, assign or otherwise dispose of any project or any of the University Enterprises or any other service or auxiliary facility or any part of any thereof or interest therein determined by resolution of the Board not to be required for any public purpose by the Board;
(7) To insure the payment of service charges with respect to the telephone, electric and water systems of the University Enterprises, as the same shall become due and payable, the Board may, in addition to any other remedies which it may have:
a. Require reasonable advance deposits to be made with it to be subject to application to the payment of delinquent service charges, and
b. At the expiration of 30 days after any such service charges become delinquent, discontinue supplying the services and facilities of such telephone, electric and water systems.
(8) To retain and employ consultants and other persons on a contract basis for rendering professional, technical or financial assistance and advice in undertaking and carrying out any project and in operating, repairing or maintaining any project or any system, facility, plant, works, instrumentalities or properties whose revenues are pledged in whole or in part for the payment of the bonds; and
(9) To enter into and carry out contracts with the United States of America or this State or any municipality, county or other public corporation and to lease property to or from any person, firm or corporation, private or public, in connection with exercising the powers vested under this Part.
(10) Notwithstanding any other provision of law and subject to policies established by the Board of Governors, to purchase or finance the purchase of computers, computer hardware, computer software, and emergency management equipment such as power generators through lease purchase or installment purchase contracts that create a security interest in the purchased property that secures payment of the purchase price to the seller or entity advancing monies or supplying financing for the purchase transaction. The contracts allowed in this subdivision shall be subject to State appropriations in accordance with the North Carolina State Constitution and shall not pledge directly or indirectly the taxing power of the State. No deficiency judgment may be rendered against the Board of Governors or the State in any action for breach of a contractual obligation authorized by this subdivision. (1961, c. 1078, s. 2; 1971, c. 634, s. 2; c. 636; c. 1244, s. 15; 2019-139, s. 2.2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 116 - Higher Education
Article 1 - The University of North Carolina.
§ 116-3 - Incorporation and corporate powers.
§ 116-3.3 - Mediation matters.
§ 116-4 - Constituent institutions of the University of North Carolina.
§ 116-5 - Initial membership of Board of Governors.
§ 116-6 - Election and terms of members of Board of Governors.
§ 116-6.1 - Student member of the Board of Governors.
§ 116-7 - General provisions concerning members of the Board of Governors.
§ 116-8 - Chairman, vice-chairman and secretary.
§ 116-9 - Meetings of Board of Governors.
§ 116-11 - Powers and duties generally.
§ 116-11.1 - Transferred to G.S116-37 by Session Laws 1971, c1244, s6.
§ 116-11.2 - Duties regarding programs in education administration.
§ 116-11.3 - UNC admissions policy for early college graduates.
§ 116-12 - Property and obligations.
§ 116-13 - Powers of Board regarding property and services subject to general law.
§ 116-13.1 - Capital facilities; reports.
§ 116-13.2 - Report on University Fiscal Liabilities.
§ 116-14 - President and staff.
§ 116-15 - Licensing of certain nonpublic post-secondary educational institutions.
§ 116-17.1 - Dependent care assistance program.
§ 116-17.2 - Flexible Compensation Plan.
§ 116-18 - Information Center established.
§ 116-22.1 through 116-25 - Transferred to §§ 116A-3 to 116A-7 by Session Laws 1971, c1135, s2.
§ 116-26 - Transferred to § 116-43 by Session Laws 1971, c1244, s17.
§ 116-29.1 - University Cancer Research Fund[Effective July 1, 2022]
§ 116-30 - Transferred to § 116-40 by Session Laws 1971, c1244, s9.
§ 116-30.1 - Special responsibility constituent institutions.
§ 116-30.2 - Appropriations to special responsibility constituent institutions.
§ 116-30.3A - Availability of excess receipts.
§ 116-30.3B - Energy conservation savings.
§ 116-30.4 - Position management.
§ 116-30.5 - Impact on education.
§ 116-30.8 - Special responsibility constituent institutionsannual audit by State Auditor.
§ 116-30.20 - Establishment of private, nonprofit corporations.
§ 116-31 - Membership of the boards of trustees.
§ 116-31.10 - Powers of Board regarding certain purchasing contracts.
§ 116-31.12 - Acquisition and disposition of real property by lease.
§ 116-32 - Officers and meetings of the boards of trustees.
§ 116-33 - Powers and duties of the boards of trustees.
§ 116-33.1 - Board of trustees to permit recruiter access.
§ 116-33.2 - Cooperative Extension Service employees.
§ 116-34 - Duties of chancellor of institution.
§ 116-35 - Electric power plants, campus school, etc.
§ 116-36.1 - Regulation of institutional trust funds.
§ 116-36.2 - Regulation of special funds of individual institutions.
§ 116-36.4 - Vending facilities.
§ 116-36.6 - East Carolina University School of Medicine; Medicare receipts.
§ 116-36.7 - Wake Forest Institute for Regenerative Medicine; profit sharing with State.
§ 116-37 - University of North Carolina Health Care System.
§ 116-37.1 - Center for public media.
§ 116-37.2 - Regulation of University of North Carolina Hospitals at Chapel Hill Funds.
§ 116-38 - Child development research and demonstration center.
§ 116-39 - Agricultural research stations.
§ 116-40 - Board to accept gifts and congressional donations.
§ 116-40.5 - Campus law enforcement agencies.
§ 116-40.6 - Certain Personnel of East Carolina University.
§ 116-40.7 - Internal auditors.
§ 116-40.11 - Disciplinary proceedings; right to counsel for students and organizations.
§ 116-40.12 - Student organizations; rights and recognition.
§ 116-40.13 - Authorization to secure liability insurance for alcohol sales.
§ 116-40.20 - Legislative findings.
§ 116-40.21 - Board of governors may authorize management flexibility.
§ 116-40.22 - Management flexibility.
§ 116-40.23 - Reporting requirement; effective date of reported policies, procedures, and rules.
§ 116-41.2 - Powers of Board of Governors generally.
§ 116-41.3 - University authorized to pay service charges; payments deemed revenues.
§ 116-41.6 - Pledge of revenues; lien.
§ 116-41.7 - Proceeds of bonds, revenues, etc., deemed trust funds.
§ 116-41.8 - Rights and remedies of bondholders.
§ 116-41.9 - Refunding revenue bonds.
§ 116-41.10 - Exemption from taxation.
§ 116-41.11 - Executive committee may be authorized to exercise powers and functions of Board.
§ 116-41.13 - Distinguished Professors Endowment Trust Fund; purpose.
§ 116-41.13A - Distinguished Professors Endowment Trust Fund; definitions.
§ 116-41.14 - Distinguished Professors Endowment Trust Fund; establishment; maintenance.
§ 116-41.15 - Distinguished Professors Endowment Trust Fund; allocation; administration.
§ 116-41.16 - Distinguished Professors Endowment Trust Fund; contribution commitments.
§ 116-41.17 - Distinguished Professors Endowment Trust Fund; establishment of chairs.
§ 116-41.18 - Distinguished Professors Endowment Trust Fund; selection of Distinguished Professors.
§ 116-41.19 - Distinguished Professors Endowment Trust Fund; promulgation of rules.
§ 116-41.30 - Establishment of Future Teachers of North Carolina.
§ 116-41.31 - Oversight of Future Teachers of North Carolina.
§ 116-43 - Escheat receipts prior to July 1, 1971.
§ 116-43.1 - Institute for Transportation Research and Education.
§ 116-43.10 - Academic Common Market program.
§ 116-43.16 - Small business counseling information.
§ 116-43.17 - Confidentiality of research data, records, and information of a proprietary nature.
§ 116-43.20 - Operation of 4-H camps.
§ 116-43.30 - Advanced Placement courses for secondary school students.
§ 116-44.1 - Transferred to § 116-42 by Session Laws 1971, c1244, s11.
§ 116-44.2 - Transferred to § 116-38 by Session Laws 1971, c1244, s7.
§ 116-44.4 - Regulation of traffic and parking and registration of motor vehicles.