§39-53 - Additional powers of departments.
§39-53 Additional powers ofdepartments. In addition to the powers which departments may otherwisehave, any department shall have the power pursuant to this part:
(1) To construct, acquire by gift, purchase, or theexercise of the right of eminent domain, reconstruct, improve, better, orextend any undertaking within its jurisdiction, and to acquire by gift,purchase, or the exercise of the right of eminent domain, lands or rights inland or water in connection therewith within its jurisdiction or to undertakethe establishment and administration of a loan program as authorized by lawwithin its jurisdiction;
(2) To operate and maintain any undertaking oradminister, operate, and maintain a loan program as authorized by law withinits jurisdiction and furnish the services, facilities, and commodities thereoffor its own use and for the use of public and private consumers;
(3) To issue revenue bonds of the State in theamounts authorized by specific act or acts of the legislature to finance inwhole or in part the cost of the acquisition, purchase, construction,reconstruction, improvement, betterment, or extension of any undertaking or theestablishment and administration of any loan program as authorized by law;
(4) Subject to the provisions of section 39-61, toimpose, prescribe, and collect rates, rentals, fees, and charges for the useand services of, and the facilities and commodities furnished by, theundertaking or for the use and services of the loan program as authorized bylaw; and
(5) To pledge to the punctual payment of the revenuebonds and interest thereon, or to covenant to pay into any special funds fromwhich any of the revenue bonds may be payable, all or any portion of therevenue of the undertaking or loan program or of any part thereof, or the usertaxes derived therefrom, or any combination of both (including improvements,betterments, or extensions thereto thereafter constructed or acquired)sufficient, among other things, to pay the revenue bonds and interest as theyshall become due and to create and maintain reasonable reserves to pay theprincipal and interest; provided that no user taxes shall be pledged to thepayment unless the legislature in the specific act or acts authorizing theissuance of the revenue bonds shall have provided that the revenue bonds may bepayable from and secured by user taxes.
The department, in determining the cost, mayinclude all costs and estimated costs of the issuance of the revenue bonds, allarchitectural, engineering, inspection, financial and legal expenses, all costsof establishing or administering a loan program authorized by law, the cost ofcausing the payment of the principal or interest or both of the revenue bondsto be insured or guaranteed, the initial cost of any support facility obtainedas permitted by section 39-59, and interest which it is estimated will accrueduring the construction period and for six months thereafter on money borrowedor which it is estimated will be borrowed pursuant to this part. [L 1988, c 28,pt of §3]