260.035. Powers of authority.
Powers of authority.
260.035. 1. The authority is hereby granted and may exercise allpowers necessary or appropriate to carry out and effectuate its purposespursuant to the provisions of sections 260.005 to 260.125, including, butnot limited to, the following:
(1) To adopt bylaws and rules after having held public hearingsthereon for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal;
(3) To maintain a principal office and such other offices within thestate as it may designate;
(4) To sue and be sued;
(5) To make and execute leases, contracts, releases, compromises andother instruments necessary or convenient for the exercise of its powers orto carry out its purposes;
(6) To acquire, construct, reconstruct, enlarge, improve, furnish,equip, maintain, repair, operate, lease, finance and sell equipment,structures, systems and projects and to lease the same to any privateperson, firm, or corporation, or to any public body, political subdivisionor municipal corporation. Any such lease may provide for the constructionof the project by the lessee;
(7) To issue bonds and notes as hereinafter provided and to make,purchase, or participate in the purchase of loans or municipal obligationsand to guarantee loans to finance the acquisition, construction,reconstruction, enlargement, improvement, furnishing, equipping,maintaining, repairing, operating or leasing of a project;
(8) To invest any funds not required for immediate disbursement inobligations of the state of Missouri or of the United States or any agencyor instrumentality thereof, or in bank certificates of deposit; provided,however, the foregoing limitations on investments shall not apply toproceeds acquired from the sale of bonds or notes which are held by acorporate trustee pursuant to section 260.060;
(9) To acquire by gift or purchase, hold and dispose of real andpersonal property in the exercise of its powers and the performance of itsduties hereunder;
(10) To employ managers and other employees and retain or contractwith architects, engineers, accountants, financial consultants, attorneysand such other persons, firms or corporations who are necessary in itsjudgment to carry out its duties, and to fix the compensation thereof;
(11) To receive and accept appropriations, bequests, gifts and grantsand to utilize or dispose of the same to carry out its purposes pursuant tothe provisions of sections 260.005 to 260.125;
(12) To engage in research and development with respect to pollutioncontrol facilities and solid waste or sewage disposal facilities, and waterfacilities, resource recovery facilities and the development of energyresources;
(13) To collect rentals, fees and other charges in connection withits services or for the use of any project hereunder;
(14) To sell at private sale any of its property or projects to anyprivate person, firm or corporation, or to any public body, politicalsubdivision or municipal corporation on such terms as it deems advisable,including the right to receive for such sale the note or notes of any suchperson to whom the sale is made. Any such sale shall provide for paymentsadequate to pay the principal of and interest and premiums, if any, on thebonds or notes issued to finance such project or portion thereof. Any suchsale may provide for the construction of the project by the purchaser ofthe project;
(15) To make, purchase or participate in the purchase of loans tofinance the development and marketing of:
(a) Means of energy production utilizing energy sources other thanfossil or nuclear fuel, including, but not limited to, wind, water, solar,biomass, solid waste, and other renewable energy resource technologies;
(b) Fossil fuels and recycled fossil fuels which are indigenousenergy resources produced in the state of Missouri, including coal, heavyoil, and tar sands; and
(c) Synthetic fuels produced in the state of Missouri;
(16) To insure any loan, the funds of which are to be used for thedevelopment and marketing of energy resources as authorized by sections260.005 to 260.125;
(17) To make temporary loans, with or without interest, but with suchsecurity for repayment as the authority deems reasonably necessary andpracticable, to defray development costs of energy resource developmentprojects;
(18) To collect reasonable fees and charges in connection with makingand servicing its loans, notes, bonds and obligations, commitments, andother evidences of indebtedness made, issued or entered into to developenergy resources, and in connection with providing technical, consultativeand project assistance services in the area of energy development. Suchfees and charges shall be limited to the amounts required to pay the costsof the authority, including operating and administrative expenses, andreasonable allowance for losses which may be incurred;
(19) To enter into agreements or other transactions with any federalor state agency, any person and any domestic or foreign partnership,corporation, association, or organization to carry out the provisions ofsections 260.005 to 260.125;
(20) To sell, at public or private sale, any mortgage and any real orpersonal property subject to that mortgage, negotiable instrument, orobligation securing any loan;
(21) To procure insurance against any loss in connection with itsproperty in such amounts, and from such insurers, as may be necessary ordesirable;
(22) To consent to the modification of the rate of interest, time ofpayment for any installment of principal or interest, or any other terms,of any loan, loan commitment, temporary loan, contract, or agreement madedirectly by the authority;
(23) To make and publish rules and regulations concerning itslending, insurance of loans, and temporary lending to defray developmentcosts, along with such other rules and regulations as are necessary toeffectuate its purposes. No rule or portion of a rule promulgated underthe authority of sections 260.005 to 260.125 shall become effective unlessit has been promulgated pursuant to the provisions of section 536.024,RSMo;
(24) To borrow money to carry out and effectuate its purpose in thearea of energy resource development and to issue its negotiable bonds ornotes as evidence of any such borrowing in such principal amounts and uponsuch terms as shall be determined by the authority, and to secure suchbonds or notes by the pledge of revenues, mortgages, or notes of others asauthorized by sections 260.005 to 260.125.
2. The authority shall develop a hazardous waste facility if thestudy required in section 260.037 demonstrates that a facility iseconomically feasible. The facility, which shall not include a hazardouswaste landfill, may be operated by any eligible party as specified in thissection. The authority shall begin development of the facility by July 1,1985.
(L. 1972 H.B. 1041 § 7, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1982 S.B. 506, A.L. 1983 H.B. 528, A.L. 1985 H.B. 807, A.L. 1995 S.B. 3)CROSS REFERENCE:
Multinational banks, securities and obligations of, investment in, when, RSMo 409.950