In addition to the general delegation of powers contained in § 10-1202.09 and subject to the limitations contained in § 10-1202.04, the Authority shall possess the following powers:
(1) To sue and be sued, including the power to bring actions, complaints, and implead in any judicial, administrative, arbitrational, or other action or proceeding and, to the extent permitted by law, to have actions brought against it, and to be impleaded and to defend in these proceedings;
(2) To have a seal and alter the seal at its pleasure;
(3) To make and alter by-laws, rules and regulations, not inconsistent with law, for the administration and regulation of its business and affairs;
(4) To elect, appoint, or hire officers, employees, advisors, consultants, or other agents of the Authority, including experts and fiscal agents, define their duties, and fix their compensation;
(5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes;
(6) To issue regulations and establish policies for contracting and procurement, provided that these regulations and policies shall provide for the following:
(A) Submission of quarterly reports to the Council regarding the Authority's progress on issues related to local and minority contracting and the hiring of District residents; and
(B) Remedies (including but not limited to cease and desist orders) for noncompliance with any law or regulation contained herein including subchapters VIII and X of Chapter 2 of Title 2, and all successor acts thereto;
(7) To accept loans or grants of money, materials, or property of any kind from the United States, or any agency or instrumentality thereof, or the District, upon terms and conditions as may be imposed upon the Authority to the extent that the terms and conditions are not inconsistent with the limitations and laws of the District and are otherwise within the powers of the Authority;
(8) To borrow money for any of its corporate purposes and to provide for the payment of the same, as may be permitted under Chapter 2 of Title 1, and the laws of the District;
(9) To issue revenue bonds pursuant to § 10-1202.10;
(10) To enter into contracts, joint ventures, or other agreements with the District, the United States, other public entities, and private entities to achieve its purposes;
(10A) To maintain an office or offices at any location in the District;
(10B) To establish standards for the use of and attendance at its facilities;
(10C) To fix, revise, charge, and collect fees, rents, or other charges for the use of, or attendance at, its facilities and for services rendered in connection with the use of, or attendance at, its facilities;
(10D) To manage parking lots, concessions, and other ancillary properties and services at facilities under its jurisdiction;
(10E) To furnish such services to renters, lessees, and other occupants and users of its facilities as in its judgment is necessary or suitable for carrying out its purposes;
(10F) To provide through its employees, or by the grant of one or more concessions, or both, for the furnishing of services and things for the accommodation of persons admitted to or using any of its facilities or portions of its facilities;
(10G) To provide for the insurance of any property, operations, members of the Board of Directors, officers, agents, or employees of the Authority against any risk or hazard;
(10H) To develop, construct, maintain, operate, acquire, own, equip, improve, rehabilitate, expand, and maintain convention, sports, entertainment, and recreation facilities in the District;
(10I) To establish one or more nonprofit or for-profit subsidiaries to perform any of its functions under this chapter;
(10J) To hold an ownership interest in, and operate, a professional sports team or team franchise on a temporary or permanent basis;
(11) To exercise any power usually possessed by public enterprises or private corporations performing similar functions which is not in conflict with Chapter 2 of Title 1, or the laws of the District;
(12) To sell or dispense, or to permit others to sell or dispense, alcoholic beverages for consumption on the premises, but only upon and within the territorial limits of the property of or under the management and control of the Authority. The Authority shall not have the power to sell or dispense alcoholic beverages in unbroken packages for the purpose of permitting the unbroken packages to be carried off the premises. The Authority shall determine and regulate by resolution the conditions under which the sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted, including the hours and days during which the sale or dispensing of alcoholic beverages shall be made or shall be permitted;
(13) To do all things necessary or convenient to carry out the powers expressly provided by this chapter; and
(14) Subject to Council approval by resolution, to enter into agreements or arrangements to limit interest rate risk, to facilitate the issuance of variable rate obligations or obligations with an effective variable rate and to better manage assets; the agreements or arrangements shall only be entered into in conjunction with the issuance of bonds, notes or other obligations by the Authority; and the Authority shall retain the right to discontinue or terminate any such agreement when in the reasonable opinion of the chief financial officer of the Authority it is in the best interest of the Authority.
CREDIT(S)
(Sept. 28, 1994, D.C. Law 10-188, § 203, 41 DCR 5333; Aug. 12, 1998, D.C. Law 12-142, § 2(b), 45 DCR 4826; Mar. 3, 2010, D.C. Law 18-111, § 2081(e), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 9-804.
Effect of Amendments
D.C. Law 18-111, in par. (4), substituted “employees, advisors, consultants,” for “employees,”; in par. (10), substituted “contracts, joint ventures, or other agreements” for “contracts”; added pars. (10A) to (10J); and rewrote par. (12), which had read as follows:
“(12) To sell or dispense, upon obtaining a license from the Alcoholic Beverage Control Board pursuant to Title 25, or to permit others to sell or dispense, upon obtaining a license from the Alcoholic Beverage Control Board, alcoholic beverages for consumption on the premises, but only upon and within the territorial limits of the property of or under the management and control of the Authority. The Authority shall not have the power to sell or dispense alcoholic beverages in unbroken packages for the purpose of permitting the unbroken packages to be carried off the premises. The Authority shall determine and regulate by resolution the conditions under which the sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted;”.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2081(e) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 2081(e) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For legislative history of D.C. Law 10-188, see Historical and Statutory Notes following § 10-1201.01.
For legislative history of D.C. Law 12-142, see Historical and Statutory Notes following § 10-1202.01.
For Law 18-111, see notes following § 10-303.
Effective Dates
For effective date of D.C. Law 12-142, see Historical and Statutory Notes following § 10-1202.01.