Missouri Revised Statutes













Chapter 360

Missouri Health and Educational Facilities Act

←360.040

Section 360.045.1

360.046→

August 28, 2015

Powers of authority--transfer of moneys to rebuild damaged infrastructure fund.

360.045. 1. The authority shall have the following powers together

with all powers incidental thereto or necessary for the performance

thereof:



(1) To have perpetual succession as a body politic and corporate;



(2) To adopt bylaws for the regulation of its affairs and the conduct

of its business;



(3) To sue and be sued and to prosecute and defend, at law or in

equity, in any court having jurisdiction of the subject matter and of the

parties;



(4) To have and to use a corporate seal and to alter the same at

pleasure;



(5) To maintain an office at such place or places in the state of

Missouri as it may designate;



(6) To determine the location and construction of any facility to be

financed under the provisions of sections 360.010 to 360.140, and to

construct, reconstruct, repair, alter, improve, extend, maintain, lease,

and regulate the same; and to designate a participating health institution

or a participating educational institution, as the case may be, as its

agent to determine the location and construction of a facility undertaken

by such participating health institution or participating educational

institution, as the case may be, under the provisions of sections 360.010

to 360.140, to construct, reconstruct, repair, alter, improve, extend,

maintain, and regulate the same, and to enter into contracts for any and

all of such purposes including contracts for the management and operation

of the facility;



(7) To lease to a participating health institution or a participating

educational institution, as the case may be, the particular health or

educational facility or facilities, as the case may be, upon such terms and

conditions as the authority shall deem proper; to charge and collect rent

therefor; to terminate any such lease upon the failure of the lessee to

comply with any of the obligations thereof; to include in any such lease,

if desired, provisions that the lessee thereof shall have options to renew

the term of the lease for such period or periods at such rent as shall be

determined by the authority or to purchase any or all of the particular

leased facility or facilities; and, upon payment of all of the indebtedness

incurred by the authority for the financing of the facility or facilities,

to convey any or all of such facility or facilities to the lessee or

lessees thereof. Every lease agreement between the authority and an

institution must contain a clause obligating the institution not to use the

leased land, nor any facility located thereon, for sectarian instruction or

study or as a place of religious worship, or in connection with any part of

the program of a school or department of divinity of any religious

denomination; to insure that this covenant is honored, each lease agreement

shall allow the authority to conduct inspections, and every conveyance of

title to an institution shall contain a restriction against use for any

sectarian purpose;



(8) To issue its bonds, notes, or other obligations for any of its

corporate purposes and to refund the same, all as provided in sections

360.010 to 360.140;



(9) To transfer assets of the authority to the rebuild damaged

infrastructure fund created in section 33.295;



(10) To fix and revise from time to time and make and collect rates,

rents, fees, and charges for the use of and services furnished or to be

furnished by any facility or facilities or any portion thereof and to

contract with any person, firm, or corporation or other body, public or

private, in respect thereof; except that the authority shall have no

jurisdiction over rates, rents, fees, and charges established by a

participating educational institution for its students or established by a

participating health institution for its patients other than to require

that such rates, rents, fees, and charges by such an institution be

sufficient to discharge the institution's obligations to the authority;



(11) To establish rules and regulations for review by or on behalf of

the authority of the retention or employment by a participating health

institution or by a participating educational institution, as the case may

be, of consulting engineers, architects, attorneys, accountants,

construction and finance experts, superintendents, managers, and such other

employees and agents as shall be determined to be necessary in connection

with any such facility or facilities and for review by or on behalf of the

authority of all reports, studies, or other material prepared in connection

with any bond issue of the authority for any such facility or facilities.

The costs incurred or to be incurred by a participating health institution

or by a participating educational institution in connection with the review

shall be deemed, where appropriate, an expense of constructing the facility

or facilities or, where appropriate, shall be deemed an annual expense of

operation and maintenance of the facility or facilities;



(12) To receive and accept from any public agency loans or grants for

or in aid of the construction of a facility or facilities, or any portion

thereof, or for equipping the same and to receive and accept grants, gifts,

or other contributions from any source;



(13) To mortgage or pledge all or any portion of any facility or

facilities, including any other health or educational facility or

facilities conveyed to the authority for such purpose and the site or sites

thereof, whether then owned or thereafter acquired, for the benefit of the

holders of the bonds of the authority issued to finance such facility or

facilities or any portion thereof or issued to refund or refinance

outstanding indebtedness of a private health institution or a private

institution of higher education as permitted by sections 360.010 to

360.140;



(14) To make loans to any participating health institution or

participating educational institution, as the case may be, for the cost of

any facility or facilities in accordance with an agreement between the

authority and such participating health institution or participating

educational institution, as the case may be; except that no such loan shall

exceed the total cost of such facility or facilities as determined by the

participating health institution or participating educational institution,

as the case may be, and approved by the authority;



(15) To make loans to a participating health institution or

participating educational institution, as the case may be, to refund

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

the institution for the cost of its facility or facilities, including the

power to issue bonds and make loans to a participating health institution

or participating educational institution, as the case may be, to refinance

indebtedness incurred for facilities undertaken and completed prior to or

after September 28, 1975, whenever the authority finds that the financing

is in the public interest, alleviates a financial hardship upon the

participating health institution or participating educational institution,

as the case may be, and results in a lesser cost of patient care or cost of

education and a saving to third parties, including state or federal

governments, and to others who must pay for the care or education;



(16) To inspect any and all facilities assisted by the authority in

any way to enforce the prohibition against sectarian or religious use at

any time; and



(17) To do all things necessary and convenient to carry out the

purposes of sections 360.010 to 360.140.



2. Notwithstanding any provision of law to the contrary, including

section 360.115, the authority shall transfer four million dollars of the

assets of the authority to the rebuild damaged infrastructure fund created

in section 33.295 on July 1, 2013.



(L. 1975 H.B. 70 § 7, A.L. 2013 H.B. 1035 merged with S.B. 23)



Effective 7-05-13 (S.B. 23)



9-11-13 (H.B. 1035)



*H.B. 1035 was vetoed July 12, 2013. The veto was overridden on

September 11, 2013.



*Revisor's Note: Article III, Sections 29 and 32 of the Missouri

Constitution, and Sections 1.130 and 21.250, RSMo, do not

specifically address the effective date of a section subject to

an emergency clause which is overridden by the general assembly.





1991



1991



360.045. The authority shall have the following powers together with all

powers incidental thereto or necessary for the performance thereof:



(1) To have perpetual succession as a body politic and corporate;



(2) To adopt bylaws for the regulation of its affairs and the conduct of

its business;



(3) To sue and be sued and to prosecute and defend, at law or in equity,

in any court having jurisdiction of the subject matter and of the parties;



(4) To have and to use a corporate seal and to alter the same at pleasure;



(5) To maintain an office at such place or places in the state of

Missouri as it may designate;



(6) To determine the location and construction of any facility to be

financed under the provisions of sections 360.010 to 360.140, and to

construct, reconstruct, repair, alter, improve, extend, maintain, lease, and

regulate the same; and to designate a participating health institution or a

participating educational institution, as the case may be, as its agent to

determine the location and construction of a facility undertaken by such

participating health institution or participating educational institution, as

the case may be, under the provisions of sections 360.010 to 360.140, to

construct, reconstruct, repair, alter, improve, extend, maintain, and

regulate the same, and to enter into contracts for any and all of such

purposes including contracts for the management and operation of the facility;



(7) To lease to a participating health institution or a participating

educational institution, as the case may be, the particular health or

educational facility or facilities, as the case may be, upon such terms and

conditions as the authority shall deem proper; to charge and collect rent

therefor; to terminate any such lease upon the failure of the lessee to

comply with any of the obligations thereof; to include in any such lease, if

desired, provisions that the lessee thereof shall have options to renew the

term of the lease for such period or periods at such rent as shall be

determined by the authority or to purchase any or all of the particular

leased facility or facilities; and, upon payment of all of the indebtedness

incurred by the authority for the financing of the facility or facilities, to

convey any or all of such facility or facilities to the lessee or lessees

thereof. Every lease agreement between the authority and an institution must

contain a clause obligating the institution not to use the leased land, nor

any facility located thereon, for sectarian instruction or study or as a

place of religious worship, or in connection with any part of the program of

a school or department of divinity of any religious denomination; to insure

that this covenant is honored, each lease agreement shall allow the authority

to conduct inspections, and every conveyance of title to an institution shall

contain a restriction against use for any sectarian purpose;



(8) To issue its bonds, notes, or other obligations for any of its

corporate purposes and to refund the same, all as provided in sections

360.010 to 360.140;



(9) To fix and revise from time to time and make and collect rates,

rents, fees, and charges for the use of and services furnished or to be

furnished by any facility or facilities or any portion thereof and to

contract with any person, firm, or corporation or other body, public or

private, in respect thereof; except that the authority shall have no

jurisdiction over rates, rents, fees, and charges established by a

participating educational institution for its students or established by a

participating health institution for its patients other than to require that

such rates, rents, fees, and charges by such an institution be sufficient to

discharge the institution's obligations to the authority;



(10) To establish rules and regulations for review by or on behalf of the

authority of the retention or employment by a participating health

institution or by a participating educational institution, as the case may

be, of consulting engineers, architects, attorneys, accountants, construction

and finance experts, superintendents, managers, and such other employees and

agents as shall be determined to be necessary in connection with any such

facility or facilities and for review by or on behalf of the authority of all

reports, studies, or other material prepared in connection with any bond

issue of the authority for any such facility or facilities. The costs

incurred or to be incurred by a participating health institution or by a

participating educational institution in connection with the review shall be

deemed, where appropriate, an expense of constructing the facility or

facilities or, where appropriate, shall be deemed an annual expense of

operation and maintenance of the facility or facilities;



(11) To receive and accept from any public agency loans or grants for or

in aid of the construction of a facility or facilities, or any portion

thereof, or for equipping the same and to receive and accept grants, gifts,

or other contributions from any source;



(12) To mortgage or pledge all or any portion of any facility or

facilities, including any other health or educational facility or facilities

conveyed to the authority for such purpose and the site or sites thereof,

whether then owned or thereafter acquired, for the benefit of the holders of

the bonds of the authority issued to finance such facility or facilities or

any portion thereof or issued to refund or refinance outstanding indebtedness

of a private health institution or a private institution of higher education

as permitted by sections 360.010 to 360.140;



(13) To make loans to any participating health institution or

participating educational institution, as the case may be, for the cost of

any facility or facilities in accordance with an agreement between the

authority and such participating health institution or participating

educational institution, as the case may be; except that no such loan shall

exceed the total cost of such facility or facilities as determined by the

participating health institution or participating educational institution, as

the case may be, and approved by the authority;



(14) To make loans to a participating health institution or participating

educational institution, as the case may be, to refund outstanding

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

for the cost of its facility or facilities, including the power to issue

bonds and make loans to a participating health institution or participating

educational institution, as the case may be, to refinance indebtedness

incurred for facilities undertaken and completed prior to or after September

28, 1975, whenever the authority finds that the financing is in the public

interest, alleviates a financial hardship upon the participating health

institution or participating educational institution, as the case may be, and

results in a lesser cost of patient care or cost of education and a saving to

third parties, including state or federal governments, and to others who must

pay for the care or education;



(15) To inspect any and all facilities assisted by the authority in any

way to enforce the prohibition against sectarian or religious use at any

time; and



(16) To do all things necessary and convenient to carry out the purposes

of sections 360.010 to 360.140.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.