Title 36, Chapter 82, Section 62
( 36-82-62)
(a) In addition to the other powers which it may have, any
governmental body shall have power under this article: (1) To acquire, by gift, purchase, or the exercise of the right of
eminent domain, and to construct, to reconstruct, to improve, to
better, and to extend any undertaking wholly within or wholly
outside the governmental body or partially within and partially
outside the governmental body; and to acquire, by gift, purchase,
or the exercise of the right of eminent domain, lands, easements,
rights in lands, and water rights in connection therewith; (2) To operate and maintain any undertaking for its own use, for
the use of public and private consumers, and for users within and
outside the territorial boundaries of the governmental body; (3) To prescribe, revise, and collect rates, fees, tolls, or
charges for the services, facilities, or commodities furnished or
made available by such undertaking; and, in anticipation of the
collection of the revenues of the undertaking: (A) To issue revenue bonds to finance, in whole or in part, the
cost of the acquisition, construction, reconstruction,
improvement, betterment, or extension of any undertaking; (B) To issue revenue bonds at any time to refund or refinance,
in whole or in part, all outstanding revenue bonds against any
existing undertaking or any combination thereof or its
anticipated revenue; and (C) To issue revenue bonds at any time to refund or refinance,
in whole or in part, all obligations or debt of any nature,
including outstanding revenue bonds or general obligation bonds,
against any existing undertaking or any combination thereof or
its anticipated revenue; (4) To pledge to the punctual payment of such bonds and interest
thereon all or any part of the revenues of the undertaking
(including the revenues of improvements, betterments, or
extensions thereto thereafter constructed or acquired as well as
the revenues of existing systems, plants, works,
instrumentalities, and properties of the undertaking so improved,
bettered, or extended) or of any part of the undertaking; (5) To fix the value of existing undertakings at the time the
governmental body desires to reconstruct, improve, better, or
extend the undertaking and to pledge to the payment of the revenue
bonds and the interest thereon issued for the undertaking under
this article such part of the revenues of the undertaking as the
cost of the reconstruction, improvement, betterment, or extension
of the undertaking bears to such cost plus the value of the
existing undertaking before reconstruction, improvement,
betterment, or extension. This paragraph shall not be construed
to restrict or limit the powers granted in paragraph (4) of this
Code section; and (6) To make all contracts, execute other instruments, and do all
things necessary or convenient in the exercise of the powers
granted in this article, or in the performance of its covenants or
duties, or in order to secure the payment of its bonds, provided
that no encumbrance mortgage or other pledge of property of the
governmental body shall be created thereby, that no property of
the governmental body shall be liable to be forfeited or taken in
payment of such bonds, and that no debt on the credit of the
governmental body shall be thereby incurred in any manner for any
purpose. (b) The use of streets, thoroughfares, parkways, and avenues of
traffic in a governmental body for the handling of mobile and foot
traffic, the use of same for the parking of mobile equipment, and
the availability of off-street parking facilities for such equipment
are matters of public concern and the affording of such facilities
serves the better welfare of the citizens of a governmental body and
may, in the discretion of a governmental body, be considered as one
revenue-producing undertaking. If any governmental body desires to
acquire, construct, alter, or remodel any property for use as public
parking areas or public parking buildings or both and issues revenue
bonds in order to finance the acquisition, construction, alteration,
or remodeling of the same in accordance with this article, the
governmental body may pledge to the payment of the principal,
interest, and call premium, if any, of such revenue bonds, the whole
or any part of the receipts of parking meters operated by the
governmental body, in addition to the revenues derived directly from
such public parking areas or public parking buildings or both. |