§45-38.1-5  General Grant Of Powers. –


Published: 2015

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TITLE 45

Towns and cities

CHAPTER 45-38.1

Health And Educational Building Corporation

SECTION 45-38.1-5



   § 45-38.1-5  General grant of powers.

–

The corporation has the following powers, together with all powers incidental

or necessary for the performance of the following:



   (1) To have perpetual succession as a public body corporate

and agency of the state and to adopt bylaws for the regulation of its affairs

and the conduct of its business;



   (2) To adopt an official seal and alter the seal at pleasure;



   (3) To maintain an office at a place or places that it may

designate;



   (4) To sue and be sued, plead and be impleaded;



   (5) To determine the location and character of any project to

be financed under the provisions of this chapter, and to construct,

reconstruct, renovate, replace, maintain, repair, operate, lease, as lessee or

lessor, and regulate the project to pay its costs, to enter into contracts for

any or all of those purposes, to enter into contracts for the management and

operation of a project, and to designate a participating educational

institution or child day care center, or a participating health care provider

as its agent to determine the location and character of a project undertaken by

the participating educational institution or child day care center, or by a

participating health care provider under the provisions of this chapter, and as

the agent of the corporation, to acquire, construct, reconstruct, renovate,

replace, maintain, repair, operate, lease, as lessee or lessor, and regulate

the project, and, as the agent of the corporation, to enter into contracts for

any or all of those purposes, including contracts for the management and

operation of the project;



   (6) To issue bonds, notes, bond anticipation notes, revenue

anticipation notes, capital notes, and other obligations of the corporation

including, but not limited to, interest rate exchange agreements and contracts

to hedge interest rates, for any of its corporate purposes, and to fund or

refund the bonds, all as provided in this chapter;



   (7) Generally, to fix and revise from time to time and charge

and collect rates, rents, fees, and charges for the use of and for the services

furnished or to be furnished by a project or any portion of it, and to contract

with any person, partnership, association, or corporation or other body public

or private in respect to the project;



   (8) To establish rules and regulations for the use of a

project or any portion of it and to designate a participating educational

institution or child day care center, or a participating health care provider

as its agent to establish rules and regulations for the use of a project

undertaken by the participating educational institution or child day care

center or by the participating health care provider;



   (9) Employ consulting engineers, architects, attorneys,

accountants, construction and financial experts, superintendents, managers, and

other employees and agents as may be necessary in its judgment, and to fix

their compensation;



   (10) To receive and accept from any public agency, loans or

grants for or in aid of the construction of a project or any portion of it, and

to receive and accept loans, grants, aid, or contributions from any source of

either money, property, labor, or other things of value, to be held, used, and

applied only for the purposes for which those loans, grants, aid, and

contributions are made;



   (11) To mortgage any project, and the site of the project,

for the benefit of the holders of bonds issued to finance the project;



   (12) To make loans to any participating educational

institution or child day care center and to any participating health care

provider for the cost of a project in accordance with an agreement, and any

other security instrument required by the corporation between the corporation

and the participating educational institution or child day care center or the

participating health care provider; provided, that no loan exceeds the total

cost of the projects as determined by the participating educational institution

or child day care center or the participating hospital, and approved by the

corporation;



   (13) To make loans to a participating educational institution

or child day care center or to a participating health care provider to refund

outstanding obligations, mortgages, or advances issued, made or given by the

participating educational institution or child day care center or the

participating health care provider for the cost of a project;



   (14) To charge to and equitably apportion, among

participating educational institution or child day care center and

participating health care provider, its administrative costs and expenses

incurred in the exercise of the powers and duties conferred by this chapter;



   (15) To accept any gifts or grants or loans of funds or

property or financial or other aid in any form from the federal government or

any agency or instrumentality of the federal government, or from the state or

any agency or instrumentality of the state, or from any other source and to

comply, subject to the provisions of this chapter, with the terms and

conditions of the gifts, grants, or loans;



   (16) To do all things necessary or convenient to carry out

the purposes of this chapter. In carrying out the purposes of this chapter, the

corporation may undertake a project for two (2) or more participating health

care providers jointly, or for any combination of providers, and, thereupon,

all other provisions of this chapter shall apply to and for the benefit of the

corporation and those joint participants;



   (17) To enter into contracts for the purpose of guaranteeing

or insuring loans to any participating educational institution or child day

care center or to any participating health care provider to carry out the

purposes of the corporation, and to pledge, encumber, or advance funds of the

corporation in connection with the loans; and



   (18) To make and effectuate gifts or grants of corporation

funds for or in aid of the construction of or development of any project or any

portion of a project or in furtherance of the policies, purposes, and powers of

the corporation set forth in this chapter, and to retain or appoint any agents

or consultants deemed necessary or desirable by the corporation to effectuate,

make, and administer the gifts or grants.



History of Section.

(P.L. 1967, ch. 56, § 1; P.L. 1968, ch. 224, § 2; P.L. 1989, ch. 480,

§ 11; P.L. 1991, ch. 292, § 1; P.L. 1992, ch. 221, § 1; P.L.

2000, ch. 184, § 1.)

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