Title 20, Chapter 3, Section 203
( 20-3-203)
The purpose of the authority shall be to assist institutions for
higher education. The exercise by the authority of the powers
conferred by this article shall be deemed and held to be the
performance of an essential public function. For the purpose of this
article, the authority shall have the powers and duties set forth in
this Code section: (1) To adopt an official seal and alter the same at its pleasure; (2) To bring or defend any action; (3) To maintain an office at such place or places as it may
designate; (4) To determine the location and character of any construction
project financed under this article; to acquire, construct,
reconstruct, remodel, maintain, manage, enlarge, alter, add to,
repair, operate, lease as lessee or lessor, sell, or otherwise
dispose of any construction project in any manner it deems to the
best advantage of the authority and the purposes thereof and to
insure such construction project against any and all risks as such
insurance may, from time to time, be available; to enter into
contracts for any or all of such purposes; and to permit
participating institutions for higher education to perform all of
the foregoing as the authority's agent. Contracts entered into by
the authority may be negotiated and shall not be subject to any
laws governing public contracts or requiring competitive bidding; (5) To finance projects for participating institutions for higher
education through the issuance of authority revenue bonds and the
lending of such revenue bond proceeds to the participating
institution for higher education under such loan agreements or
repayment contracts as the authority deems necessary or
appropriate; (6) To issue revenue bonds of the authority for any of its
corporate purposes and to fund or refund them, all as provided in
this article; (7) To fix and revise from time to time and charge and collect
rates, rents, purchase payments, fees, and charges for the use and
for the services furnished or to be furnished by a project or any
portion thereof or in connection with the financing thereof; and
to contract with this state and its agencies, instrumentalities,
departments, and political subdivisions and any person,
partnership, association, or corporation or other body, public or
private, in respect thereto; (8) To establish rules and regulations for use of or eligibility
for any project or any portion thereof; to designate a
participating institution for higher education as its agent to
establish rules and regulations for the use of or eligibility for
a project undertaken for that participating institution for higher
education; and to establish rules, regulations, and policies
necessary, appropriate, or convenient for the administration of
its affairs, the execution of its powers, duties, and functions,
and the accomplishment of its corporate purposes;
(9) To employ consulting engineers, architects, attorneys, bond
counsel, accountants, construction and financial experts, fiscal
agents, superintendents, managers, such entities as the authority
shall deem necessary to provide education loan origination and
administration assistance to the authority or to a participating
institution for higher education with respect to any education
loan program, and such other employees and agents as may be
necessary in its judgment and to fix their compensation; provided,
however, that all costs, fees, and expenses incurred in connection
with the employment of any persons as permitted by this paragraph
shall not be an obligation of the state or any political
subdivision thereof but must be payable solely from the proceeds
of obligations issued by the authority or from revenues received
by the authority from participating institutions for higher
education as reimbursement for its administrative costs and
expenses; (10) To receive and accept from any source, other than state or
local public funds, loans, contributions, gifts, or grants for or
in aid of the construction of a project or any portion thereof in
either money, property, labor, or other things of that value; and,
when required, to use such funds, property, or labor only for the
purposes for which it was loaned, contributed, given, or granted; (11) To make loans to any participating institution for higher
education for the cost of a project in accordance with a financing
agreement between the authority and the participating institution
for higher education, provided that no such loans shall exceed the
total cost of the project as determined by the participating
institution for higher education and approved by the authority; (12) To make loans to a participating institution for higher
education to refund outstanding obligations or advances issued,
made, or given by such participating institution for higher
education for the cost of the project; (13) To charge to and apportion among participating institutions
for higher education the administrative costs and expenses
incurred by the authority in the exercise of the powers and duties
conferred upon it by this article; (14) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds in the manner more fully set forth in Code Section 20-3-204, which revenue bonds shall be 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; (15) To pledge, mortgage, or convey by deed to secure debt,
chattel mortgage, or bill of sale to secure debt all or any
portion of any construction project and any other educational
facilities conveyed to the authority for such purpose and the site
or sites thereof, whether presently owned or subsequently
acquired, for the benefit of the holders of the bonds of the
authority issued to finance such construction project or any
portion thereof or issued to refund or refinance outstanding
indebtedness of a participating institution for higher education
as permitted by this article; (16) To issue bonds for the purpose of refunding or refinancing
the outstanding indebtedness of a participating institution for
higher education, whether or not outstanding prior to or after
April 4, 1978, provided that such indebtedness was originally
incurred for the purpose of paying the cost of a project as
defined in this article; (17) To exercise any power usually possessed by private
corporations performing similar functions, provided the exercise
of such power is not in conflict with the Constitution and laws of
this state; (18) To invest any accumulation of its funds and any sinking fund
or reserves in any manner that public funds of this state or its
political subdivisions may be invested; and (19) To do all things necessary or convenient to carry out the
powers expressly given in this article and any amendment hereto. |