Title 20, Chapter 2, Section 553
( 20-2-553)
(a) The authority shall have the power: (1) To have a seal and alter it at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of real and personal property of every kind and
character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and
conditions, and in such manner as it may deem proper, or by
condemnation in accordance with any and all existing laws
applicable to the condemnation of property for public use, real
property or rights of easements therein or franchises necessary or
convenient for its corporate purposes and to use them so long as
its corporate existence shall continue and to lease or make
contracts with respect to the use of or dispose of them in any
manner it deems to the best advantage of the authority, the
authority being under no obligation to accept and pay for any
property condemned under this part, except from the funds provided
under the authority of this part. In any proceedings to condemn,
such orders may be made by the court having jurisdiction of the
action or proceeding as may be just to the authority and to the
owners of the property to be condemned; and no property shall be
acquired under this part upon which any lien or other encumbrance
exists unless at the time such property is so acquired a
sufficient sum of money is deposited in trust to pay and redeem
the fair value of such lien or encumbrance. If the authority shall
deem it expedient to construct any project on lands which are
subject to the control of the public school system of the state or
of any county board of education, city board of education, or
governing body of an independent or quasi-independent district or
system or local unit of administration, the Governor, in the case
of the state, or the boards of education of counties or cities, or
the equivalent governing authorities of independent school
districts or systems are authorized to execute for and in behalf
of the state or the various county boards of education, city
boards of education, or governing bodies of independent districts
or systems, as the case may be, a lease upon such lands to the
authority for such parcel or parcels as shall be needed for a
period not to exceed 50 years, at a nominal rental of $1.00 per
year. If the authority shall deem it expedient to construct any
project on any other lands the title to which shall then be in the
state, the Governor is authorized to convey, for and in behalf of
the state, title to such lands to the authority, upon payment into
the state treasury for the credit of the general fund of the state
of the reasonable value of such lands, such value to be determined
by three appraisers to be agreed upon by the Governor and the
chairman of the authority. Further, if the authority shall deem it
expedient to construct any project on any other lands the title to
which shall then be in any county, municipality, or other
governmental subdivision of the state, the proper authorities of
such county, municipality, or governmental subdivision are
authorized to convey, for and in behalf of such county,
municipality, or governmental subdivision, title to such lands to
the authority, upon payment to the proper fiscal officer of the
county, municipality, or other governmental subdivision of the
reasonable value of such lands, such value to be determined by
three appraisers to be agreed upon between such governmental
authorities and the chairman of the authority; (4) To appoint and select officers, agents, and employees,
including engineering, architectural, and construction experts,
fiscal agents, and attorneys, and to fix their compensation; (5) To make contracts and leases and to execute all instruments
necessary or convenient, including contracts for construction of
projects and leases of projects or contracts with respect to the
use of projects which the authority causes to be erected or
acquired; and any and all political subdivisions, departments,
institutions, or agencies of the state are authorized to enter
into contracts, leases, or agreements with the authority upon such
terms and for such purposes as they deem advisable. Without
limiting the generality of the above, authority is specifically
granted to the county boards of education, city boards of
education, or governing bodies of independent districts or
systems, for and on behalf of the units and institutions within
their respective counties, cities, or districts, and to the
authority to enter into contracts and lease agreements for the use
of any structure, building, or facilities of the authority for a
term not exceeding 50 years, and the board of education or
equivalent governing body for and on behalf of the respective
political subdivision may obligate itself and its successors to
use only such structure, building, or facility and none other and
so long as such property is used by such political subdivision to
pay an amount to be determined from year to year for the use of
such property so leased and also to obligate itself and its
successors as a part of the lease contract to pay the cost of
maintaining, repairing, and operating the property so leased from
the authority. Nothing contained in this part shall prevent such
political subdivisions, departments, institutions, agencies,
county boards of education, city boards of education, or governing
bodies of independent school districts or systems from subleasing
any structure, building, or facility of the authority for private
educational purposes to any person, group of persons, or
corporation which is or will be bona fide engaged in the operation
of a private school; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in paragraph (4) of subsection (a) of Code Section 20-2-551, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, or from such proceeds and any grant from the United States or any agency or instrumentality thereof, or from any other source; (7) To accept loans or grants of money or materials or property of
any kind from the United States or any agency or instrumentality
thereof upon such terms and conditions as the United States or
such agency or instrumentality may impose; (8) To borrow money for any of its corporate purposes and to issue
negotiable revenue bonds payable solely from funds pledged for
that purpose and to provide for the payment of such bonds and for
the rights of the holders thereof; (9) To exercise any power usually possessed by private
corporations performing similar functions which is not in conflict
with the Constitution and laws of this state; and (10) To do all things necessary or convenient to carry out the
powers expressly given in this part. (b) The validity of any bonds issued by the authority for projects certified as eligible for state development assistance under Code Section 45-12-170, which bonds were issued prior to the time the first general obligation debt was incurred under Article VII, Section III, Paragraph I of the Constitution of 1945, shall not be impaired; but no future such bonds shall be issued. |