Maine Revised Statutes Title 35-A Sec. 9205 – General powers
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In order to carry out the purposes of this chapter, the authority has the following powers with respect to a project together with all powers incidental to or necessary for the performance of these powers: [PL 2005, c. 665, §3 (NEW).]
1. Power to sue and be sued. To sue or initiate or appear in any proceeding. 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 2005, c. 665, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 9205
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Authority: means the ConnectMaine Authority established in section 9203. See Maine Revised Statutes Title 35-A Sec. 9202
- Communications service: means any wireline voice, satellite, data, fixed wireless data or video retail service. See Maine Revised Statutes Title 35-A Sec. 9202
- Contract: A legal written agreement that becomes binding when signed.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Official seal. To adopt and have an official seal and alter the seal at pleasure;
[PL 2005, c. 665, §3 (NEW).]
3. Bylaws; rules. To adopt bylaws and any rule necessary or useful for carrying out any of the authority’s powers or duties pursuant to this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A;
[PL 2019, c. 2, §1 (AMD).]
4. 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, any interest in real or personal property or mortgage interests owned or in its control, custody or possession; and to release or relinquish any right, title claim, lien, interest, easement or demand, however acquired, including threat of foreclosure;
[PL 2005, c. 665, §3 (NEW).]
5. 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 a project and attendant facilities and from time to time to modify or cause to be modified those plans, specifications, designs or estimates;
[PL 2005, c. 665, §3 (NEW).]
6. Improve and equip project and attendant facilities. By contract or contracts to construct, acquire, alter, repair, reconstruct, rehabilitate, improve and equip a project and necessary and usual attendant facilities;
[PL 2005, c. 665, §3 (NEW).]
7. Maintain, reconstruct and operate. To maintain, reconstruct and operate, or cause to be maintained, reconstructed and operated, a project;
[PL 2005, c. 665, §3 (NEW).]
8. Fix and collect fees. To fix and collect fees, lease-rentals and other charges for the use of a project to transmit voice, data or video signals and to provide for the adoption of such reasonable and proper rules as may be necessary to ensure the maximum use at all times of the facilities of any project;
[PL 2005, c. 665, §3 (NEW).]
9. Provide for financing or refinancing. To provide financing for a project or to provide for refinancing of existing indebtedness and for the financing of the project and of other necessary and usual attendant facilities;
[PL 2005, c. 665, §3 (NEW).]
10. Make and execute contracts. To make and execute contracts and other instruments and enter into such transactions as necessary or convenient for the exercise of the authority’s powers and functions under this chapter;
[PL 2005, c. 665, §3 (NEW).]
11. 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 chapter, including, but not limited to, the development and financing of a project, and to do all things necessary in order to avail the authority of those loans, aid, contributions, grants and cooperation;
[PL 2005, c. 665, §3 (NEW).]
12. Accept aid or contributions. To receive and accept from any source aid or contributions of money, property, labor or other things of value, to be held, used and applied to carry out the purposes of this chapter, subject to the conditions upon which those grants and contributions are 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 chapter;
[PL 2005, c. 665, §3 (NEW).]
13. Insurance. To procure insurance against any loss in connection with the authority’s securities and its property and other assets in such amounts and from such insurers as it considers desirable;
[PL 2005, c. 665, §3 (NEW).]
14. Modification of contract, lease, indenture or agreement. To consent to any modification of any contract, lease, indenture or agreement of any kind to which the authority is a party;
[PL 2005, c. 665, §3 (NEW).]
15. Manage or operate real and personal property. To manage or operate, or cause to be managed or operated, real and personal property, to take assignments of leases and rentals or to take any other action necessary or incidental to the performance of the authority’s duties under this chapter;
[PL 2005, c. 665, §3 (NEW).]
16. Lease or rent facilities or equipment used to transmit voice, data or video signals. To lease or rent any facilities or equipment for a project for such amounts as the authority determines to a communications service provider to further the purposes of this chapter, as long as the obligation of the service provider is considered a binding contract with the authority and as long as no liability on account of the authority may be incurred beyond the money available for that purpose and may be considered a liability of the State;
[PL 2005, c. 665, §3 (NEW).]
17. Investments. Except as otherwise provided in this chapter, to invest any funds not needed for immediate use, including any funds held in reserve, in property or in securities in which fiduciaries in the State may legally invest funds;
[PL 2005, c. 665, §3 (NEW).]
18. Appearances. To appear on the authority’s own behalf before boards, commissions, departments or agencies of a municipality or the State Government or the Federal Government;
[PL 2005, c. 665, §3 (NEW).]
19. 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 the authority’s judgment; and
[PL 2005, c. 665, §3 (NEW).]
20. All acts granted or implied. To do any act necessary or convenient to exercise the powers granted in this chapter or reasonably implied by this chapter.
[PL 2005, c. 665, §3 (NEW).]
SECTION HISTORY
PL 2005, c. 665, §3 (NEW). PL 2019, c. 2, §1 (AMD).