§1604. Powers

In order to carry out the purposes of this Act, the Maine Governmental Facilities Authority has the following powers with respect to project, projects or part of any project together with all powers incidental to those powers or necessary for the performance of the following:   [PL 1997, c. 523, §7 (AMD).]

1.  Perpetual succession.  To have perpetual succession as a body politic and corporate and an instrumentality of the State;

[PL 1997, c. 523, §8 (AMD).]

2.  Power to sue and be sued.  To sue or initiate or appear in any proceeding and the authority may be sued on its written contracts or in accordance with Title 1, section 409, Title 5, chapter 375 or Title 14, chapter 741;

[PL 1997, c. 523, §8 (AMD).]

3.  Official seal.  To adopt and have an official seal and alter the seal at pleasure;

[PL 1987, c. 438, §1 (NEW).]

4.  Bylaws; rules.  To adopt bylaws and, pursuant to Title 5, chapter 375, adopt any rule necessary or useful for carrying out any of its powers or duties pursuant to this Act. Rules adopted by the authority are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A;

[PL 1997, c. 523, §8 (AMD).]

5.  Acquire real or personal property.  To acquire real or personal property, or any interest in real or personal property, including rights or easements, on either a temporary or long-term basis by gift, purchase, transfer, foreclosure, lease or otherwise, to improve, hold, sell with or without public bidding, assign, lease, rent, encumber, mortgage or otherwise dispose of any real or personal property, or any interest in real or personal property, or mortgage interests owned or in its control, custody or possession and release or relinquish any right, title claim, lien, interest, easement or demand, however acquired, including threat of foreclosure;

[PL 1987, c. 438, §1 (NEW).]

6.  Prepare and plan projects and facilities.  To prepare or cause to be prepared plans, specifications, designs and estimates of costs for the construction and equipment for the project, projects or part of any project and attendant facilities and from time to time to modify, or cause to be modified, those plans, specifications, designs or estimates;

[PL 1997, c. 523, §8 (AMD).]

7.  Improve, furnish and equip project, projects or part of any project and attendant facilities.  By contract or contracts to construct, acquire, alter, repair, reconstruct, rehabilitate and improve, and furnish and equip, the project, projects or part of any project and necessary and usual attendant facilities;

[PL 1987, c. 438, §1 (NEW).]

8.  Maintain, reconstruct and operate.  To maintain, reconstruct and operate, or cause to be maintained, reconstructed and operated, the project, projects or part of any project until the cost of the project, projects or part of any project whether or not the outstanding securities issued with respect to the project, projects or any part of the project are no longer considered outstanding;

[PL 1997, c. 523, §8 (AMD).]

9.  Fix and collect fees.  To fix and collect fees, rentals and other charges for the use of the project, projects or part of any project; to contract with holders of its securities for the fixing and collection of those fees, rentals and other charges; to provide for the promulgation of such reasonable and proper rules as may be necessary to assure the maximum use of the facilities of any project, projects or part of any project at all times;

[PL 1987, c. 438, §1 (NEW).]

10.  Provide for financing or refinancing.  To provide financing for any project, projects or part of any project or to provide for refinancing of existing indebtedness, and, for the financing of the project, projects or part of any project and of other necessary and usual attendant facilities, to borrow money and to issue negotiable securities and to provide for the rights of the holders of those securities;

[PL 1987, c. 438, §1 (NEW).]

11.  Make and execute contracts and other financial documents.  To make and execute contracts and all other instruments, including trust agreements and other financial documents, and enter into such transactions as is necessary or convenient for the exercise of its powers and functions under this Act;

[PL 1987, c. 438, §1 (NEW).]

12.  Agreements; acceptions; contributions; aid; grants.  To enter into agreements with and accept loans, aid, contributions, grants and the cooperation or assistance of the United States, or any agency of the United States, or of the State or any agency or governmental subdivision in furtherance of the purposes of this Act, including, but not limited to, the development, maintenance, operation and financing of any project, projects or part of any project and to do any and all things necessary in order to avail itself of those loans, aid, contributions, grants and cooperation;

[PL 1987, c. 438, §1 (NEW).]

13.  Agreements or other transactions.  To enter into agreements or other transactions with any person, the purpose of which is to effectuate the purposes of this Act, including construction agreements, purchase or acquisition agreements and loan or lease agreements, with leasing corporations or other financial intermediaries;

[PL 1987, c. 438, §1 (NEW).]

14.  Accept aid or contributions.  To receive and accept aid or contributions, from any source, of money, property, labor or other things of value, to be held, used and applied to carry out the purposes of this Act, subject to the conditions upon which those grants and contributions may be made, including, but not limited to, gifts or grants from any department or agency of the United States or the State for any purpose consistent with this Act;

[PL 1987, c. 438, §1 (NEW).]

15.  Insurance.  To procure insurance against any loss in connection with its securities and its property and other assets in such amounts and from such insurers as it considers desirable;

[PL 1987, c. 438, §1 (NEW).]

16.  Modification of contract, lease, indenture or agreement.  To the extent permitted under its contract with the holders of securities, to consent to any modification of any contract, lease, indenture or agreement of any kind to which the authority is a party;

[PL 1987, c. 438, §1 (NEW).]

17.  Manage or operate real and personal property.  To manage or operate, or cause to be managed or operated, real and personal property, take assignments of leases and rentals or take any other action necessary or incidental to the performance of its duties under this Act;

[PL 1997, c. 523, §9 (AMD).]

18.  Lease or rent any land, buildings, structures, facilities or equipment.  To lease or rent any land, buildings, structures, facilities or equipment comprising all or a portion of a project, projects or part of any project for such amounts as the authority determines to the State or any agency, instrumentality or department of the State or by any branch of State Government or any related agency of state, county or local government, to further the purposes of the Act, provided that the obligation of the State or of any such agency, instrumentality, department or branch to make any rental or other payments is considered executory only to the extent of money made available by the Legislature, and that no liability on account of the state agency, instrumentality, department or branch may be incurred by the State or any such agency, instrumentality, department or branch beyond the money available for that purpose;

[PL 1997, c. 523, §9 (AMD).]

19.  Secured or unsecured loans.  To make secured or unsecured loans for the purpose of providing temporary or permanent financing or refinancing of all or part of the cost of any project, projects or part of any project, including the refunding of any outstanding obligations, mortgages or advances issued, made or given by any person or other entity for the cost of a project, projects or part of any projects;

[PL 1987, c. 438, §1 (NEW).]

20.  Investments.  Except as otherwise provided in this Act, to invest any funds not needed for immediate use, including any funds held in reserve, in property or securities in which fiduciaries in the State may legally invest funds;

[PL 1987, c. 438, §1 (NEW).]

21.  Appearances.  To appear in its own behalf before boards, commissions, departments or agencies of municipal, State Government or Federal Government;

[PL 1987, c. 438, §1 (NEW).]

22.  Executive director; other employees.  To employ an executive director, consulting engineers, architects, attorneys, accountants, construction and financial experts and such other employees and agents as may be necessary in its judgment;

[PL 1989, c. 221, §1 (AMD).]

23.  All acts granted or implied.  To do any act necessary or convenient to exercise the powers granted in this Act or reasonably implied from this Act;

[PL 1989, c. 221, §1 (AMD).]

24.  Contract with Maine Municipal Bond Bank.  In carrying out its powers under this section, the authority shall, whenever possible, contract with the Maine Municipal Bond Bank for necessary clerical and administrative services, including use of the Executive Director of the Maine Municipal Bond Bank as the executive director, secretary and treasurer of the authority;

[PL 1997, c. 523, §10 (AMD).]

25.  Accept federal funds; gifts and contributions.  To accept federal funds, gifts and contributions, which include, but are not limited to, money; annuities and investments; furnishings, including paintings, artifacts and similar items; or anything of value for the purposes set forth in section 1619; and

[PL 1997, c. 523, §11 (AMD).]

26.  Delegation to Bureau of General Services.  To delegate those powers that the authority may specifically exercise, or cause to be exercised, pursuant to subsection 5, 6, 8, 9, 17 or 18 to the Department of Administrative and Financial Services, Bureau of General Services. The authority may revoke such a delegation upon the failure of the Bureau of General Services to discharge the delegated powers. The Bureau of General Services may provide to the authority an indemnity and hold-harmless agreement with respect to a delegation.

[PL 1997, c. 523, §12 (NEW).]

SECTION HISTORY

PL 1987, c. 438, §1 (NEW). PL 1989, c. 221, §§1,2 (AMD). PL 1997, c. 523, §§7-12 (AMD).