Title 36, Chapter 63, Section 8
( 36-63-8)
(a) Each authority shall have all of the powers necessary or
convenient to carry out and effectuate the purposes and provisions
of this chapter, including, but without limiting the generality of
the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To acquire, construct, improve, or modify, to place into
operation, and to operate or cause to be placed into operation and
operated, either as owner of all or of any part in common with
others, a project or projects within the county in which the
authority is activated and, subject to execution of agreements
with the appropriate political subdivisions affected, within other
counties, and to pay all or part of the cost of any such project
or projects from the proceeds of revenue bonds of the authority or
from any contribution or loans by persons, firms, or corporations
or any other contribution, all of which the authority is
authorized to receive, accept, and use; (4) To acquire, in its own name, by purchase on such terms and
conditions and in such manner as it may deem proper or by gift,
grant, lease, or otherwise, real property or rights and easements
therein and franchises and personal property necessary or
convenient for its corporate purposes, which purposes shall
include, but shall not be limited to, the constructing or
acquiring of a project, the improving, extending, adding to,
reconstructing, renovating, or remodeling of any project or part
thereof already constructed or acquired, or demolition to make
room for such project or any part thereof, and to insure the same
against any and all risks as such insurance may, from time to
time, be available; the authority may also use such property and
rent or lease the same to or from others or make contracts with
respect to the use thereof or sell, lease, exchange, transfer,
assign, pledge, or otherwise dispose of or grant options for any
such property in any manner which the authority deems to the best
advantage of itself and its purposes; provided that the powers to
acquire, use, and dispose of property as set forth in this
paragraph shall include the power to acquire, use, and dispose of
any interest in such property, whether divided or undivided, which
acquisition may result in the ownership of such property or any
part thereof in common with any other party or parties, public or
private; and title to any such property of the authority, however,
shall be held by the authority exclusively for the benefit of the
public; (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 it causes to be acquired or constructed;
provided that all private persons, firms, and corporations, this
state, and all political subdivisions, departments,
instrumentalities, or agencies of the state or of local government
are authorized to enter into contracts, leases, or agreements with
the authority, upon such terms and for such purposes as they deem
advisable; and without limiting the generality of the above,
authority is specifically granted to municipal corporations and
counties and to the authority to enter into contracts, lease
agreements, or other undertakings relative to the furnishing of
project activities and facilities or either of them by the
authority to such municipal corporations and counties and by such
municipal corporations and counties to the authority for a term
not exceeding 50 years; (6) To exercise any one or more of the powers, rights, and
privileges conferred by this Code section either alone or jointly
or in common with one or more other public or private parties or
public and private parties; in any such exercise of such powers,
rights, and privileges jointly or in common with others with
respect to the construction, operation, and maintenance of project
facilities, the authority may own an undivided interest in such
facilities with any other party with which it may jointly or in
common exercise the rights and privileges conferred by this
chapter; the authority may enter into an agreement or agreements
with respect to any such project facility with the other party or
parties participating therein; any such agreement may contain such
terms, conditions, and provisions, consistent with this chapter,
as the parties thereto shall deem to be in their best interests;
any such agreement may include, but need not be limited to,
provisions for the construction, operation, and maintenance of
such project facility by any one or more party of the parties to
such agreement, which party or parties shall be designated in or
pursuant to such agreement as agent or agents on behalf of itself
and one or more of the other parties thereto, or by such other
means as may be determined by the parties thereto, and may include
provisions for a method or methods of determining and allocating,
among or between the parties, costs of construction, operation,
maintenance, renewals, replacements, improvements, and disposals
with respect to such facility; in carrying out its functions and
activities as such agent with respect to construction, operation,
and maintenance of such a facility, such agent shall be governed
by the laws and regulations applicable to such agent as a separate
legal entity and not by any laws or regulations which may be
applicable to any of the other participating parties; provided,
however, the agent shall act for the benefit of the public;
notwithstanding anything contained in any other law to the
contrary, pursuant to the terms of any such agreement, the
authority may delegate its powers and duties with respect to the
construction, operation, and maintenance of such facility to the
party acting as agent; and all actions taken by such agent in
accordance with the provisions of such agreement may be binding
upon the authority without further action or approval of the
authority; (7) To extend credit or make loans to any person, firm,
corporation, or other industrial entity for the planning, design,
construction, acquisition, or carrying out of any project, which
credit or loans shall be secured by loan agreements, mortgages,
security agreements, contracts, and all other instruments or fees
or charges, upon such terms and conditions as the authority shall
determine reasonable in connection with such loans, including
provision for the establishment and maintenance of reserves and
insurance funds, and in the exercise of powers granted by this
Code section in connection with a project for such person, firm,
corporation, or other industrial entity, to require the inclusion
in any contract, loan agreement, security agreement, or other
instrument of such provisions for guaranty, insurance,
construction, use, operation, maintenance, and financing of a
project as the authority may deem necessary or desirable; (8) To acquire, accept, or retain equitable interests, security
interests, or other interest in any property, real or personal, by
mortgage, assignment, security agreement, pledge, conveyance,
contract, lien, loan agreement, or other consensual transfer, in
order to secure the repayment of any moneys loaned or credit
extended by the authority; (9) To accept, receive, and administer gifts, grants,
appropriations, and donations of money, materials, and property of
any kind, including loans and grants from the United States of
America or this state, or a unit of local government, or any
agency, department, authority, or instrumentality of either upon
such terms and conditions as the United States of America, this
state, a unit of local government, or such agency, department,
authority, or instrumentality shall impose, to administer trusts,
and to sell, lease, transfer, convey, appropriate, and pledge any
and all of its property and assets; (10) To invest any accumulation of its funds in any fund or
reserve in any manner that public funds of this state or its
political subdivisions may be invested; (11) To do any and all things necessary or proper for the
accomplishment of the objectives of this chapter and 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, including the power to employ professional
and administrative staff and personnel and to retain legal,
engineering, fiscal, accounting, and other professional services;
the power to purchase all kinds of insurance, including, without
limitation, insurance against tort liability and against risks of
damage to property; the power to borrow money for any of the
corporate purposes of the authority; the power to indemnify and
hold harmless any parties contracting with the authority or its
agents from damage to persons or property; and the power to act as
self-insurer with respect to any loss or liability; provided,
however, that obligations of the authority other than revenue
bonds, for which provision is made in this chapter, shall be
payable from the general funds of the authority and shall not be a
charge against any special fund allocated to the payment of
revenue bonds; (12) To mortgage, convey, pledge, or assign any properties,
revenues, income, tolls, charges, or fees owned or received by the
authority; (13) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and to otherwise carry out the purposes of this chapter and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 36-63-9; and (14) As security for repayment of authority obligations, to
pledge, mortgage, convey, assign, hypothecate, or otherwise
encumber any property, real or personal, of such authority and to
execute any trust agreement, indenture, or security agreement
containing any provisions not in conflict with law, which trust
agreement, indenture, or security agreement may provide for
foreclosure or forced sale of any property of the authority upon
default on such obligations either in payment of principal or
interest or in the performance of any term or condition contained
in such agreement or indenture; this state, on behalf of itself
and each county, municipal corporation, political subdivision, or
taxing district therein waives any right which it or such county,
municipal corporation, political subdivision, or taxing district
may have to prevent the forced sale or foreclosure of any property
of the authority so mortgaged or encumbered, and any such mortgage
or encumbrance may be foreclosed in accordance with law and the
terms thereof. (b) Notwithstanding any other provisions of this chapter, an
authority is prohibited from bidding or paying compensation for
solid wastes being privately processed or reused. |