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33-17-8
Section 33-17-8 Powers enumerated. The authority shall have the following powers: (1) To have
succession by its corporate name without time limit; (2) To bring civil actions and have civil
actions brought against it and to prosecute and defend in any court having jurisdiction of
the subject matter and of the parties; (3) To have and to use a corporate seal and to alter
the same at pleasure; (4) To receive, take and hold by sale, gift, lease, devise or otherwise
real and personal property of every kind and description, and to manage the same; (5)
To acquire by purchase, gift or the exercise of the power of eminent domain, or by any other
lawful means, any property, whether real, personal or mixed, the acquisition of which
is found by the board to be necessary or convenient to the authority in the carrying out of
the purposes for which the authority is authorized to be organized, and to lease or convey
any such property or to cause any such property to be leased or conveyed to the United...
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41-9-478
in addition to the power and authority enumerated in Section 41-9-472, the right, power and
authority to: (1) Develop and institute a program of promotion and advertising of the exhibits
and facilities provided for by this article, said program of promotion and advertising to
be conducted by the commission both within and without the state in such manner and to such
extent as may be deemed economically advisable and appropriate by the commission; (2) Purchase
and acquire items of tangible personal property on a competitive bid basis in the manner
prescribed by law for the purchase of such items by state trade schools, state junior colleges,
state colleges and universities under the supervision and control of the State Board of Education,
the city and county boards of education, and the county boards of revenue or other similar
county governing bodies and the governing bodies of the municipalities of the state and the
governing boards of instrumentalities of counties and...
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11-50A-7
maintaining, or operating any project of the authority, shall pay to any validly constituted
taxing authority of the state, or any county or municipality or other political subdivision
thereof, that levies ad valorem, sales, use, license, or severance taxes, payments in lieu
of those taxes equal in amount to the ad valorem, sales, use, license and severance taxes
which would have been paid by private persons engaged in the same or similar business within
the state with respect to real and personal property owned, leased, or otherwise used,
and with respect to the purchases, sales, or use of property, within the taxing jurisdictions
of those entities had the properties of the authority been owned, leased, used, or purchased
by such private persons. Payment of such amounts in lieu of taxes shall be made at the time
taxes of such nature would be payable by private persons and shall be received, treated, deposited,
and appropriated by those taxing jurisdictions for all purposes in the...
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4-3-11
may be in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued
in its own name in civil suits and actions, excepting actions in tort against the authority;
(3) To adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt
and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire,
receive, take and hold, whether by purchase, gift, lease, devise or otherwise, property of
every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property, and to develop any undeveloped property owned, leased or controlled
by it; (6) To execute such contracts and other instruments and to take such other action as
may be necessary or convenient to carry out the purposes of this chapter or the exercise of
any power granted hereunder; (7) To plan, establish, develop, acquire, construct,...
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9-10-5
of its powers under this article; (5) To sue and be sued in its own name; (6) To enter into
agreements with the United States government or its agencies or political subdivisions thereof,
with municipalities and with public corporations concerning the sale and use of the water
impounded by the United States government, management of the project, collection of charges
for water issued to users and repayment costs of the project construction costs; (7) To acquire,
hold and dispose of real and personal property or any interests therein; (8) To provide
a water supply by impounding a stream or by development and use of wells by either construction,
lease or purchase; (9) To develop and operate an irrigation project, including the facilities
necessary thereto, either by construction, lease or purchase; (10) To provide for the control
of floods by impounding surplus water or by other means to the extent that such work is economically
feasible and desirable and not opposed to the need of water...
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11-54-178
prosecute and defend civil actions in any court having jurisdiction of the subject matter and
of the parties. (3) To adopt and make use of a corporate seal and to alter the same at pleasure.
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.
(5) To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise and
to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more projects,
including all real and personal properties which the board of the authority may deem
necessary in connection therewith, regardless of whether or not any such projects shall then
be in existence. (6) To lease to others any or all of its projects and to charge and collect
rent therefor, and to terminate any such lease upon the failure of the lessee to comply with
any of the obligations thereof. (7) To sell, purchase, exchange, donate, or convey and to
grant options to any lessee to acquire any of its projects and any or all...
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11-94-9
office in the municipality which is an authorizing subdivision and sub-offices at such other
place or places within the county which is an authorizing subdivision as its board may designate;
(4) To sue and be sued in its own name, excepting actions in tort against the authority; (5)
To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise and to
improve, equip, and furnish and to own and maintain one or more projects or parts thereof,
including all real and personal properties and interests therein which its board may
deem necessary in connection therewith, regardless of whether or not any such project or projects
shall then be in existence; (6) To acquire, whether by purchase, construction, exchange, gift,
or otherwise and to improve rights-of-way, streets, approaches, roads, railroad lines, interests
in land, including the fee simple title to real property and riparian rights necessary or
useful and convenient in gaining access, entry, or approach to...
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22-21-318
properties and assets to such persons, firms, partnerships, associations or corporations and
on such terms as the board deems to be appropriate, to charge and collect rent or other fees
or charges therefor and to terminate any such lease or other agreement upon the failure of
the lessee or other party thereto to comply with any of its obligations thereunder; (7) To
receive, acquire, take and hold (whether by purchase, gift, transfer, foreclosure, lease,
devise, option or otherwise) real and personal property of every description, or any
interest therein, and to manage, improve and dispose of the same by any form of legal conveyance
or transfer; provided however, that the authority shall not, without the prior approval of
the governing body of each authorizing subdivision, have the power to dispose of (i) substantially
all its assets, or (ii) any health care facilities the disposition of which would materially
and significantly reduce or impair the level of hospital or health care...
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11-50A-1
this chapter and any successor or successors thereto. (2) BOARD. The board of directors of
the authority. (3) BONDS. Any bonds issued by the authority under the provisions of this chapter,
including refunding bonds. (4) BOND ANTICIPATION NOTES. Short term obligations issued by the
authority in anticipation of the issuance of bonds. (5) COSTS. All costs of acquisition, construction,
reconstruction, improvement, equipment, alteration, repair, or extension of any project; all
costs of real and personal property required for the purposes of any project, including
any rights or undivided interest therein; all costs of easements, franchises, water rights,
fees, permits, approvals, licenses, and certificates, and all costs of securing any permits,
approvals, licenses, and certificates, and preparing applications therefor; all costs of machinery
and equipment, including equipment for use in connection with construction; all costs of the
initial fuel supply or additional fuel inventories...
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11-50A-17
or otherwise, unless and only to the extent the municipality has, prior to entering into the
contract with the authority, incurred a binding obligation to make such payments. (c) The
contract provided for by this section may obligate the municipality to indemnify and save
harmless the authority, the members of its board, its officers or its employees from any and
all damage to persons and property occurring on or by reason of the project and to undertake,
at the expense of the municipality, the defense of any action brought against the authority
by reason of injury or damages to persons or property occurring on or by reason of
the project. (d) In the event of any failure or refusal on the part of a municipality to perform
punctually any covenant or obligation contained in the contract provided for by this section,
the authority may have the municipality's performance enforced by any legal or equitable process,
including specific performance. (Acts 1981, No. 81-681, p. 1114, ยง17.)...
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