28A.10 - RIGHTS AND POWERS.
28A.10 RIGHTS AND POWERS.
1. The authority constitutes a municipal corporation and body
politic separate from any other municipality, state, or other public
or governmental agency. The authority has the following express
powers, subject to any restrictions or limitations contained in this
division, and all other powers incidental, necessary, convenient, or
desirable to carry out and effectuate the express powers to:
a. Sue and be sued.
b. Locate, acquire, own, establish, operate, and maintain one
or more metropolitan facilities upon any land or body of water within
its corporate limits, and to construct, develop, expand, extend, and
improve any metropolitan facility. A new metropolitan facility, such
as a sanitary landfill or infectious waste disposal facility shall
not be established without site approval of the city council or board
of supervisors which governs the city or county in which the proposed
site is to be located.
c. Acquire, within the corporate limits of the authority, and
in fee simple, rights in and over land or water, and easements upon,
over, or across land or water, and leasehold interests in land or
water, and tangible and intangible personal property, used or useful
for the location, establishment, maintenance, development, expansion,
extension, or improvement of one or more metropolitan facilities.
The acquisition may be by dedication, purchase, gift, agreement,
lease, or by condemnation if within corporate limits of the
authority. The authority may acquire land in fee simple subject to a
mortgage and as part of the purchase price may assume the payment of
the indebtedness secured by the mortgage. Land may be acquired,
possessed, and used for its purposes by the authority, under a
written contract for a deed conveying merchantable title and
providing that the deed shall be placed in escrow and be delivered
upon payment of the purchase price and containing other terms as are
reasonably incident to the contract. Personal property may be
purchased on an installment contract basis or lease-purchase
contract.
d. Operate, maintain, manage, lease with or without a
lease-purchase option, sublease, and make and enter into contracts
for the use, operation, or management of, and enact regulations for
the operation, management, or use of, a metropolitan facility.
e. Fix, charge, and collect reasonable rentals, tolls, fees,
and charges for the use of a metropolitan facility or any part of a
metropolitan facility. Rentals, tolls, fees, or charges fixed and
collected for the use of a metropolitan facility shall be used for
the construction, reconstruction, repair, maintenance, or operation
of that metropolitan facility or the construction, reconstruction,
repair, maintenance, or operation of similar metropolitan facilities.
f. Establish and maintain streets and approaches on property
of the authority.
g. Remove and relocate hazards or structures on property of
the authority.
h. Restrict and reduce the height of objects or buildings on
property of the authority.
i. Accept grants, contributions, or loans from, and enter
into contracts, leases, or other transactions with, a city, county,
state, or federal government.
j. Borrow money and issue bonds, notes, certificates, or
other evidences of indebtedness for the purpose of accomplishing any
of the corporate purposes, which obligations may be payable from
other sources as provided in this division, and refund or advance
refund any of the evidences of indebtedness with bonds, notes,
certificates, or other evidences of indebtedness, which refunding or
advanced refunding obligations may be payable from taxes or from any
other source, subject to compliance with any condition or limitation
set forth in this division.
k. Employ or enter into contracts for the employment of any
person for professional services, necessary or desirable for the
accomplishment of the corporate objectives of the authority or the
proper administration, management, protection, or control of its
property.
l. Regulate traffic, speed, movement, and mooring of vessels
on property of the authority.
m. Regulate traffic, speed, movement, and parking of motor
vehicles upon property of the authority and employ parking meters,
signs, and other devices in the regulation of the motor vehicles.
n. Contract for police and fire protection.
o. Establish, by ordinance of the board, all regulations for
the execution of the powers specified in this division, for the
government of the authority, and for the protection of any
metropolitan facility within the jurisdiction of the authority, or
deemed necessary or desirable to effect its corporate objectives. An
ordinance may provide for the revocation, cancellation, or suspension
of an existing privilege or franchise as a penalty for a second or
subsequent violation by the holder or franchisee of a regulation
pertaining to the enjoyment, use, or exercise of the privilege or
franchise. The use of a metropolitan facility of the authority shall
be subject to the reasonable regulation and control of the authority
and upon the reasonable terms and conditions as established by the
board.
p. Establish a general operating fund and other funds as
necessary.
q. Do all acts and things necessary or convenient for the
promotion of its business and the general welfare of the authority,
in order to carry out the powers granted to it by this chapter or any
other laws.
2. a. The authority has no power to pledge the taxing power
of this state or any political subdivision or agency of this state.
b. Bonds and notes issued by the authority are payable solely
and only out of the moneys, assets, or revenues of the authority, and
as provided in the agreement with bondholders or noteholders pledging
any particular moneys, assets, or revenues. Bonds or notes are not
an obligation of this state or any political subdivision of this
state other than the authority within the meaning of any
constitutional or statutory debt limitations, but are special
obligations of the authority payable solely and only from the sources
provided in this division, and the authority shall not pledge the
credit or taxing power of this state or any political subdivision of
this state other than the authority, or make its debts payable out of
any moneys except those of the authority. Section History: Recent Form
91 Acts, ch 198, §9
CS91, § 330B.10
C93, § 28A.10
2008 Acts, ch 1032, §201
Referred to in § 28A.11