Maine Revised Statutes Title 5 Sec. 13083-I – Midcoast Regional Redevelopment Authority; powers; membership; obligations
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1. Powers. The authority is a public municipal corporation and may:
A. Sue and be sued; [PL 2005, c. 599, §1 (NEW).]
B. Adopt bylaws or rules consistent with this article for the governance of its affairs; [PL 2005, c. 599, §1 (NEW).]
C. Exercise all of the general powers of corporations under Title 13?C, section 302; [PL 2005, c. 599, §1 (NEW).]
D. Exercise the power of eminent domain; [PL 2005, c. 599, §1 (NEW).]
E. Provide for the public safety by imposing appropriate rules, regulating appropriate use of the base facilities and enforcing laws and rules as they apply to the use of the base facilities; [PL 2005, c. 599, §1 (NEW).]
F. Charge and collect fees, charges and rents for the use of the properties and other services and use the proceeds of those fees, charges and rents for the purposes provided in this article, both subject to and in accordance with any agreement with bondholders that may be made as provided in this article; [PL 2005, c. 599, §1 (NEW).]
G. Contract with the Federal Government or its instrumentalities or agencies, this State or its agencies, instrumentalities or municipalities, public bodies, private corporations, partnerships, associations and individuals to carry out the purposes of this article; [PL 2005, c. 599, §1 (NEW).]
H. Accept the cooperation of the Federal Government or its agencies in the construction, maintenance, reconstruction, operation and financing of the readjustment of the base and take necessary actions to utilize that aid and cooperation; [PL 2005, c. 599, §1 (NEW).]
I. Borrow money and apply for and accept advances, loans, grants, contributions and other forms of financial assistance from the Federal Government, the State, a municipality or other public body or from other sources, public or private, for the purposes of this article, give any security that is required and enter into and carry out contracts in connection with that financial assistance; [PL 2005, c. 599, §1 (NEW).]
J. Borrow money, make, issue and sell at public or private sale negotiable notes, bonds and other evidences of indebtedness or obligation of the authority for the purposes under this article and secure the payment of that obligation or any part of that obligation by pledge of all or any part of the operating revenues of the authority; [PL 2005, c. 599, §1 (NEW).]
K. Enter into loan or security agreements with one or more lending institutions, including, but not limited to, banks, insurance companies and institutions that administer pension funds, or trustees for those institutions for the issuance of bonds and exercise with respect to those loan or security agreements all of the powers delineated in this article for the issuance of bonds; [PL 2005, c. 599, §1 (NEW).]
L. Provide from operating revenues for the maintenance, construction or reconstruction of facilities to ensure the public safety for which the authority has not otherwise provided; [PL 2005, c. 599, §1 (NEW).]
M. Use operating revenues to provide payment of obligations, if any, due to the United States to implement the readjustment or reuse of the base facility; [PL 2005, c. 599, §1 (NEW).]
N. Adopt rules pursuant to the Maine Administrative Procedure Act; and [PL 2005, c. 599, §1 (NEW).]
O. Take all other lawful action necessary and incidental to these powers. [PL 2005, c. 599, §1 (NEW).]
[PL 2005, c. 599, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 13083-I
- Authority: means the Midcoast Regional Redevelopment Authority established in section 13083?G. See Maine Revised Statutes Title 5 Sec. 13083-H
- base: means those properties and facilities within the geographic boundaries of the United States Department of Defense naval air station at Brunswick existing on the effective date of this section. See Maine Revised Statutes Title 5 Sec. 13083-H
- Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054
- Ex officio: Literally, by virtue of one's office.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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.
- Operating revenues: means funds available to the authority from fees, fares, rental or sale of property and miscellaneous revenue and interest not otherwise pledged or dedicated. See Maine Revised Statutes Title 5 Sec. 13083-H
- Quorum: The number of legislators that must be present to do business.
- reconstruction: means any activities undertaken to maintain the properties of Brunswick Naval Air Station, or any part of those properties, as a modern, safe and efficient facility and includes, but is not limited to, any rebuilding, redesign, improvement or enlargement of the real properties or environmental mitigation activities on base properties. See Maine Revised Statutes Title 5 Sec. 13083-H
- reuse: means an alternative use of the base facility from its use as a military installation. See Maine Revised Statutes Title 5 Sec. 13083-H
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trustee: A person or institution holding and administering property in trust.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Membership; appointment. The authority is governed by a board of trustees composed of 11 voting members appointed by the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over economic development matters and to confirmation by the Senate.
A. Trustees are appointed for 4-year terms, except that, for initial appointments, 3 trustees are appointed to one-year terms, 3 trustees are appointed to 2-year terms, 2 trustees are appointed to 3-year terms, 2 trustees are appointed to 4-year terms and the commissioner designated pursuant to paragraph D serves at the pleasure of the Governor. A vacancy must be filled in the same manner as the original appointment for the balance of the unexpired term. [PL 2005, c. 599, §1 (NEW).]
B. A trustee continues to hold office until a successor is appointed and qualified, but the term of the successor is not altered from the original expiration date of the holdover trustee’s term. [PL 2005, c. 599, §1 (NEW).]
C. The Governor shall make 10 appointments, of which no fewer than 7 must be from candidates who are residents of Androscoggin County, Cumberland County and Sagadahoc County and are nominated by the primary impact communities. The Governor shall appoint members who reflect the diversity of interests represented by these communities. [PL 2005, c. 599, §1 (NEW).]
D. The Governor shall designate a commissioner of a department of State Government to be a voting, ex officio member of the board of trustees. [PL 2005, c. 599, §1 (NEW).]
E. A member appointed to the board of trustees may not hold an elected office in municipal, county or state government. [PL 2005, c. 599, §1 (NEW).]
[PL 2005, c. 599, §1 (NEW).]
3. Quorum. Six members constitute a quorum. Six affirmative votes are required for the board of trustees to take action.
[PL 2005, c. 599, §1 (NEW).]
4. Liability. The liability of the authority is governed by the Maine Tort Claims Act. A member of the board of trustees or an employee of the authority is not subject to any personal liability for having acted in the service of the member’s or employee’s duty as a member of the board or an employee of the authority within the course and scope of membership or employment to carry out a power or duty under this article. The authority shall indemnify a member of the board or an employee of the authority against expenses actually and necessarily incurred in connection with the defense of an action or proceeding in which a member of the board or an employee is made a party by reason of past or present association with the authority.
[PL 2009, c. 641, §2 (AMD).]
5. Expenses. A trustee is not entitled to receive compensation for services to the authority but is entitled to receive reimbursement for necessary expenditures, including travel expenses, incurred in carrying out those services.
[PL 2005, c. 599, §1 (NEW).]
6. Officers; employees. The board of trustees shall elect a chair and vice-chair from among its members. The authority may employ an executive director, technical experts and other agents and employees, permanent and temporary, that it requires and may determine their qualifications, duties and compensation. For required legal services, the authority may employ or retain its own counsel and legal staff.
[PL 2005, c. 599, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 599, §1 (NEW). PL 2009, c. 641, §2 (AMD).