Common use of Enumerated Powers Clause in Contracts

Enumerated Powers. The Authority’s powers shall include the following: (a) to acquire, operate, manage, own, lease (as lessee or lessor), sell, construct, reconstruct, maintain, or repair, or dispose of real and personal property, buildings, works, improvements, or other facilities necessary to carry out the purposes of this Agreement in the name of the Authority; (b) to make and enter into contracts, including, without limitation, contracts with local governmental entities, including the Members, and other special districts, authorities, corporations, cities, counties and state or federal agencies, provided, however, that the power shall be limited as provided in Section 32-1-1001, C.R.S., as amended, and other laws applicable to special districts; (c) to accept gifts, grants, and revenue from any lawful source; (d) to sue and be sued in the Authority’s own name; (e) to hire and terminate agents, employees, consultants and professionals; (f) to approve and modify master plans to provide for the Services; to dedicate property acquired or held by it for public works, improvements, facilities, utilities, and related purposes; and to agree, in connection with any of its contracts, to any conditions that it deems reasonable and appropriate including, but not limited to, conditions attached to federal financial assistance, and to include in any contract made or let in connection with any project of the Authority provisions to fulfill such of said conditions as it may deem reasonable and appropriate; (g) to prepare and approve an annual budget and any necessary amended or supplemental budgets, as set forth in Article 4, herein; (h) to approve, set, impose, collect, pledge, spend, reserve, and use rates, fees, tolls, charges and penalties for facilities, services, and programs furnished or to be furnished by the Authority; (i) to adopt, ▇▇▇▇▇▇, and amend bylaws and regulations pursuant to Section 2.08, above; (j) to enter into agreements for the purpose of securing any necessary professional, administrative, or support services; (k) to keep and maintain financial books and records to account for all expenditures of funds, and to obtain an annual independent audit (or annual application for audit exemption) by certified public accountants selected by the Board of such records, with all of the same to be made available to the Members at any time upon request; (l) to accept contributions, grants, or loans from any public or private agency, individual, or the United States or the State of Colorado or any department, instrumentality, or agency thereof, for the purpose of financing its activities; (m) to adopt financial and investment policies and invest monies remaining in any fund which are available for investment in accordance with the laws of the State of Colorado including Articles 10.5 and 47 of Title 11, C.R.S., as amended, for the investment of public funds or by public entities; (n) to contract for real estate, financing, goods or services; (o) to issue revenue bonds, notes or other obligations subject to the provisions of Section 29-1-203.5(3)(a) C.R.S., as amended, and to finance the Services in accordance with Article 4, herein; (p) to enter into lease-purchase agreements which may be offered either as whole leases or with certificates of participation in accordance with Sections 29-1-101, et seq., C.R.S., as amended; (q) to take all actions necessary or appropriate to carry out and implement the provisions of this Agreement; (r) to have and use a corporate seal; (s) to control and accept public rights-of-way; (t) to furnish covenant enforcement and design control services in accordance with Section 32-1-1001(8), C.R.S., as amended; and (u) to exercise any general power of a special district or of a metropolitan district specified in part 10 of Article 1 of Title 32, C.R.S., as amended, as long as each of the Members may lawfully exercise such power.

Appears in 1 contract

Sources: Establishment Agreement

Enumerated Powers. The Authority’s park and rec powers shall include the following: (a) to acquire, operate, manage, own, lease (as lessee or lessor), sell, construct, reconstruct, maintain, or repair, or dispose of real and personal property, buildings, works, improvements, or other facilities necessary to carry out the purposes of this Agreement in the name of the Authority; (b) to make and enter into contracts, including, without limitation, contracts with local governmental entities, including the Members, and other special districts, authorities, corporations, cities, counties and state or federal agencies, provided, however, that the power shall be limited as provided in Section C.R.S. § 32-1-1001, C.R.S., as amended, 1001 and other laws applicable to special districts; (c) to accept gifts, grants, and revenue from any lawful source; (d) to sue ▇▇▇ and be sued in the Authority’s own name; (e) to hire and terminate fire agents, employees, consultants and professionals; (f) to approve and modify master plans to plans, provide for the Servicesfurnishing of Park and Rec Improvement services, privileges, works or facilities; to dedicate property acquired or held by it for public works, improvements, facilities, utilities, and related purposes; and to agree, in connection with any of its contracts, to any conditions that it deems reasonable and appropriate including, but not limited to, conditions attached to federal financial assistance, and to include in any contract made or let in connection with any project of the Authority provisions to fulfill such of said conditions as it may deem reasonable and appropriate; (g) to prepare and approve an annual budget and any necessary amended or supplemental budgets, as set forth in Article Section 4, herein; (h) to approve, set, impose, collect, pledge, spend, reserve, and use rates, fees, tolls, charges and penalties for facilities, services, and programs furnished or to be furnished by the Authority; (i) to adopt, ▇▇▇▇▇▇modify, and amend bylaws and regulations pursuant to Section 2.08, above; (j) to enter into agreements for the purpose of securing any necessary professional, administrative, or support services; (k) to keep and maintain financial books and records to account for all expenditures of funds, and to obtain an annual independent audit (or annual application for audit exemption) by certified public accountants selected by the Board Board, of such records, records annually with all the results of the same to be made available submitted to the Members at any time upon requestMembers; (l) to accept contributions, grants, or loans from any public or private agency, individual, or the United States or the State of Colorado or any department, instrumentality, or agency thereof, for the purpose of financing its activities; (m) to adopt financial and investment policies and invest monies remaining in any fund which are available for investment in accordance with the laws of the State of Colorado including Articles 10.5 and 47 of Title 11, C.R.S., as amended, for the investment of public funds or by public entities; (n) to contract for real estate, financing, goods or services; (o) to issue revenue bonds, notes or other obligations subject to the provisions of Section 29-1-203.5(3)(a) C.R.S., as amended, and to finance the Services Park and Rec Improvements in accordance with Article Section 4, herein; (p) to enter into lease-purchase agreements which may be offered either as whole leases or with certificates of participation in accordance with Sections Section 29-1-101, et seq., C.R.S., as amended; (q) to take all actions necessary or appropriate to carry out and implement the provisions of this Agreement; (r) to have and use a corporate seal; (s) to control and accept public rights-of-rights of way; (t) to furnish covenant enforcement and design control services in accordance with Section 32-1-1001(8), C.R.S., as amended; and (ut) to exercise any general power of a special district or of a metropolitan district specified in part 10 of Article 1 of Title 32, C.R.S., as amended, as long as each of the Members may lawfully exercise such the power.

Appears in 1 contract

Sources: Establishment Agreement