Maine Revised Statutes Title 35-A Sec. 9405 – Powers and duties of authority
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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 or proper for the performance of these powers and for carrying out its responsibilities in accordance with this chapter: [PL 2021, c. 364, §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 to the extent permitted by Title 1, section 409; Title 5, chapter 375; or Title 14, chapter 741;
[PL 2021, c. 364, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 9405
- Authority: means the Maine Connectivity Authority established in section 9404. See Maine Revised Statutes Title 35-A Sec. 9402
- Bonds: means bonds, debts, notes or other evidences of indebtedness. See Maine Revised Statutes Title 35-A Sec. 9402
- Communications service: means any wireline voice, satellite, data, fixed wireless data or video retail service or cellular voice or data service. See Maine Revised Statutes Title 35-A Sec. 9402
- 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.
- Project: means real property, personal property, equipment, fixtures, materials, wires, cables, labor and other improvements necessary and proper for the provision of advanced communications technology infrastructure. See Maine Revised Statutes Title 35-A Sec. 9402
- 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 2021, c. 364, §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 2021, c. 364, §3 (NEW).]
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 upon threat of foreclosure;
[PL 2021, c. 364, §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 equipping of a project and attendant facilities and from time to time to modify or cause to be modified those plans, specifications, designs or estimates;
[PL 2021, c. 364, §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 2021, c. 364, §3 (NEW).]
7. Maintain, reconstruct and operate. To maintain, reconstruct and operate, or cause to be maintained, reconstructed and operated, a project;
[PL 2021, c. 364, §3 (NEW).]
8. Fix and collect fees. To fix and collect fees, lease-rentals and other charges for the use of any project, equipment or services;
[PL 2021, c. 364, §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 2021, c. 364, §3 (NEW).]
10. Incur indebtedness. To borrow money for any of the purposes authorized in this chapter, incur debt, which includes the issuance of bonds consistent with section 9406, whether secured or unsecured and whether issued by the authority or through another entity, including, but not limited to, the Maine Municipal Bond Bank, and secure the same by mortgage, pledge, trust agreement, security agreement or other lien on or security interest in the authority’s property, rights and privileges of every kind and nature or any part of or interest in any of them;
[PL 2021, c. 364, §3 (NEW).]
11. Equity investments; loans, grants, contractual arrangements. To make alone or in participation or cooperation with others direct equity investments, loans, grants or any other contractual arrangement allowed by law with public or private entities in furtherance of the purposes of this chapter, including, but not limited to, the development and financing of a project;
[PL 2021, c. 364, §3 (NEW).]
12. Make and execute contracts. To make and execute contracts and other instruments and enter into such transactions as reasonably necessary for the exercise of the authority’s powers and functions under this chapter;
[PL 2021, c. 364, §3 (NEW).]
13. Agreements; contributions; aid; grants. To enter into agreements with and to 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 agreements, loans, aid, contributions, grants and cooperation;
[PL 2021, c. 364, §3 (NEW).]
14. Acceptance of federal funds and other assistance. To act as the public agency of the State for the purpose of accepting federal funds or other federal assistance or funds or other assistance from any other source in furtherance of the purposes of this chapter, including, but not limited to, the development and financing of projects;
[PL 2021, c. 364, §3 (NEW).]
15. 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 2021, c. 364, §3 (NEW).]
16. 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 2021, c. 364, §3 (NEW).]
17. 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 or may be considered a liability of the State;
[PL 2021, c. 364, §3 (NEW).]
18. 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 2021, c. 364, §3 (NEW).]
19. Use of revenues. To use only for the purposes of this chapter any revenues derived by the authority from any assessment, transfer of funds, lease, assignment, rental agreement or other disposition or any other revenue;
[PL 2021, c. 364, §3 (NEW).]
20. Appearances. To appear on the authority’s own behalf before boards, commissions, departments or agencies of a municipality, the State or the United States;
[PL 2021, c. 364, §3 (NEW).]
21. Employees. To hire and compensate employees as well as consulting engineers, architects, attorneys, accountants and construction and financial experts and such other individuals as may be necessary in the authority’s judgment; and
[PL 2021, c. 364, §3 (NEW).]
22. 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 2021, c. 364, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 364, §3 (NEW).