Title 10, Chapter 9, Section 49
( 10-9-49)
(a)(1) Subject to the requirements of paragraph (2) of this
subsection, the authority shall operate and manage the facilities
financed by the issuance of revenue bonds as authorized by this
article. The authority may, incident to such operation and
management, lease the facilities to persons, firms, private
corporations, authorities, counties, municipal corporations,
public corporations, public authorities, or other political
subdivisions of this state under leases covering all or such
separately identified portions of the facilities as the authority
may determine appropriate and upon and for such terms, conditions,
and considerations and for such rentals, fees, prices, and other
charges as the authority shall determine appropriate. The
authority shall fix the rentals, fees, prices, and other charges
payable to the authority under such leases so that the aggregate
amount of such rentals, fees, prices, or other charges derived by
the authority thereunder, together with other revenues and
earnings of the authority from the facilities designated by the
resolution authorizing the issuance of the revenue bonds, and
together with revenues, earnings, and funds otherwise available to
the authority for such purposes, are at least sufficient to pay
the principal, interest, premiums, discounts, fees, costs, or
expenses payable by the authority on or with respect to all of the
revenue bonds and other obligations issued by the authority for
the purpose of financing such facilities as such principal,
interest, premiums, discounts, fees, costs, or expenses shall
become due, together with the costs of the maintenance, repair,
and operation of the facilities, including reserves established
for such purposes, and the payment and performance of contractual
obligations of the authority. The obligation of any lessee to the
authority under any such lease may be secured in such manner as
the authority shall determine appropriate. Any such lease may
provide that the authority may be subrogated to and may at its
election upon such terms as may be set forth in such lease enforce
all contracts or rights of action of such lessee relating to or
arising out of the operation of the facilities covered by such
lease. Any such lease shall contain such other terms, conditions,
and considerations as the authority may determine appropriate. (2) Any lease provided for in paragraph (1) of this subsection
which lease is for a term in excess of ten years must, as a
condition precedent to its effectiveness, be approved by the
Fiscal Affairs Subcommittees of the Senate and House of
Representatives meeting jointly as one committee; and such
approval shall require the affirmative votes of at least 11
members of such subcommittees sitting jointly. (b) As used in this article, "lease" includes a lease or sublease
and may, in the discretion of the authority, be in form and
substance an estate for years, usufruct, license, concession, or any
other right or privilege to use or occupy or conduct any activity
within the facilities. The term "lessee" includes lessee or
sublessee, tenant, licensee, concessionaire, or other person
contracting for such estate, interest, right, or privilege. (c) In the exercise of its powers under this chapter, including the
powers under this article, the authority may contract with any
public entity which shall include the state or with any other public
agency, public corporation, or public authority, for joint services,
for the provision of services, or for the joint or separate use of
facilities which the contracting parties are authorized by law to
undertake or provide. (d) Pursuant to any such contract, in connection with any facility
authorized under this article or any project authorized under this
chapter, the authority may undertake such facility or provide such
services or facilities or projects of the authority, in whole or in
part, to or for the benefit of the public entity contracting with
the authority with respect to those activities, services, or
facilities or projects which the contracting public entity is
authorized by the Constitution or laws of this state to provide,
including, but not limited to, those set forth in Article IX,
Section III, Paragraph I of the Constitution and Chapters 42, 44,
61, and 64 of Title 36 and Article 3 of Chapter 13 of Title 48, and
any such contracting public entity is authorized to undertake to pay
the authority for such activities, services, or facilities or
projects such amounts and on such terms as the parties may
determine. (e) The state and each institution, department, or other agency
thereof or each county, municipality, school district, or other
political subdivision of this state and each public agency, public
corporation, or public authority is authorized to contract with the
authority in connection with any activity, service, or facility
which such public entity is otherwise authorized to provide to
obtain the performance of such activity or provision of such
services or facilities through the authority. (f) In connection with its operations, the authority may similarly
obtain from, and each public entity may provide, such activities,
services, or facilities which the authority is authorized to
provide. (g) Except as provided by Article VII, Section IV, Paragraph IV of
the Constitution, any such contract authorized by this Code section
or the revenues derived therefrom may be designated as security for
revenue bonds issued under this article. |