North Dakota Code 40-61-03 – Purpose and powers of an authority
The purpose of an authority shall be to construct, operate, and maintain one or more projects in the city and to promote and acquire municipal parking facilities in accordance with the provisions of this chapter and to promote municipal development by making space above, below, or adjacent to parking facilities available for commercial development and use in order to further purposes outlined in this chapter and in chapter 40-60. To carry out said purpose, an authority shall have power:
Terms Used In North Dakota Code 40-61-03
- Bequest: Property gifted by will.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. To sue and be sued.
2. To acquire, hold, and dispose of personal property for its corporate purposes, including the power to purchase prospective or tentative awards in connection with the condemnation of real property.
3. To acquire in the name of the city by purchase or condemnation, and use necessary real property. All real property acquired by the authority by condemnation must be acquired in the manner provided in the condemnation law or in the manner provided by chapter 32-15 for the condemnation of land by a city.
4. To make bylaws for the management and regulation of its affairs and, subject to agreements with bondholders, for the regulation of the project.
5. To appoint officers, agents, and employees, to prescribe their qualifications, and to fix their compensation. However, the officers, agents, and employees shall not be subject to the civil service law.
6. To appoint an attorney, who may be the city attorney, and to fix that person‘s compensation.
7. To make contracts and leases and to execute all instruments necessary or convenient.
8. To construct such buildings, structures, and facilities as may be necessary.
9. To reconstruct, improve, maintain, and operate the projects.
10. To accept grants, loans, or contributions from the United States, the state of North Dakota, or any agency or instrumentality of either of them, or the city, or an individual, by bequest or otherwise, and to expend the proceeds for any purposes of the authority.
11. To fix and collect rentals, fees, and other charges for the use of the projects or any of them, subject to and in accordance with such agreements with bondholders as may be made as hereinafter provided.
12. To construct, operate, or maintain in the projects all facilities necessary or convenient in connection therewith. To contract for the construction, operation, or maintenance of any parts thereof or for services to be performed. To rent parts thereof, and grant concessions, all on such terms and conditions as it may determine. However, the authority, the city, or any agency of an authority or city, or any other person, firm, corporation, or limited liability company may not, within or on any property comprising a part of any project authorized by this chapter, sell, dispense, or otherwise handle any product used in or for the servicing of any motor vehicle using any project or facility authorized by this chapter and the location of sites of the projects shall be subject to the prior approval of the governing body of the city.
13. To encourage commercial development and use of space above, below, or adjacent to parking facilities by exercising the powers granted municipalities under subsection 5 of section 40-60-02. However, subdivision c of subsection 5 of section 40-60-02 is not applicable to leases entered into by the authority.