Sec. 29.35.820. Powers and duties.

624 words·~3 min read·/ak/title-29/chapter-35/29-35-820

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If provided in the enabling ordinance, an authority may

(1)sue and be sued;

(2)have a seal and alter it;

(3)acquire an interest in a project as necessary or appropriate to provide financing for the project, whether by purchase, gift, or lease;

(4)lease to others a project acquired by the authority on the terms and conditions the authority may consider advisable, including, without limitation, provisions for purchase or renewal;

(5)sell, by installment sale or otherwise, exchange, donate, convey, or encumber in any manner by mortgage or by creation of another security interest, real or personal property owned by it or in which it has an interest, including a project, when, in the judgment of the authority, the action is in furtherance of the authority's purposes;

(6)accept gifts, grants, or loans, under the terms and conditions imposed under the gift, grant, or loan, and enter into contracts, conveyances, or other transactions with a federal agency or an agency or instrumentality of the state, a municipality, a private organization, or another person;

(7)deposit or invest its funds, subject to agreements with bondholders;

(8)purchase or insure loans to finance the costs of projects;

(9)provide for security within the boundaries of the authority;

(10)enter into loan agreements for one or more projects on the terms and conditions the authority considers advisable;

(11)acquire, manage, and operate projects the authority considers necessary or appropriate to serve the authority's purposes;

(12)assist private lenders to make loans to finance the costs of projects through loan commitments, short-term financing, or otherwise;

(13)charge fees or other forms of remuneration for the use or possession of projects under the agreements described in this subsection; other agreements relating to the projects, covenants, or representations made in bond documents relating to the projects; or regulations of the authority relating to the projects;

(14)exercise the powers of eminent domain and declaration of taking within its physical boundaries under AS 29.35.030 to acquire land or materials for authority purposes; the powers of eminent domain shall be no greater than those enjoyed by the state under AS 09.55 and shall only be utilized upon prior approval by the governor;

(15)regulate land use within the boundaries of the authority;

(16)defend and indemnify a current or former member of the board, employee, or agent of the authority against all costs, expenses, judgments, and liabilities, including attorney fees, incurred by or imposed on that person in connection with a civil or criminal action in which the person is involved because of the person's affiliation with the authority if the person acted in good faith on behalf of the authority and within the scope of the person's official duties and powers;

(17)purchase insurance to protect and hold harmless its employees, agents, and board members from an action, claim, or proceeding arising out of the performance of, purported performance of, or failure to perform in good faith, duties for the authority or arising out of employment with the authority and to hold them harmless from expenses connected with the defense, settlement, or monetary judgments from that action, claim, or proceeding; the purchase of insurance is subject to the discretion of the board; insurance purchased under this paragraph is not compensation to the insured person; and

(18)protect its assets, services, and employees by purchasing insurance or providing for certain self-insurance retentions.

(b)An authority shall maintain casualty, property, business interruption, marine, boiler and machinery, pollution liability, and other insurance in amounts reasonably calculated to cover potential claims against the authority or a municipality for bodily injury, death or disability, and property damage that arise from or are related to authority operations and activities.