§48E-2 - County powers.
§48E-2 County powers. In addition to
any other powers provided by law, a county may:
(1) Subject to the approval of the governing body of
the county, enter into, amend, supplement, and carry out a project agreement
with a project party, and enter into and carry out any other agreement whereby
the obligations of a project party under a project agreement shall be
unconditionally guaranteed or insured by, or the performance thereof assigned
to, a person other than the project party;
(2) By separate ordinance, approved by two-thirds of
the members to which the governing body of the county is entitled, issue
special purpose revenue bonds pursuant to this chapter in such principal
amounts as may be necessary to finance the cost of the pollution control project;
(3) Lend or otherwise apply the proceeds of the
special purpose revenue bonds issued for a pollution control project, either
directly or through a trustee or a project party, for use and application by
the project party in the acquisition, construction, installation, or
modification of a pollution control project, or agree with the project party
whereby any of these activities shall be undertaken or supervised by that
project party or by a person designated by the project party;
(4) As security for the payment of the principal of
and interest on special purpose revenue bonds issued to finance the costs of
the pollution control project and any related agreement:
(A) Pledge, assign, hypothecate, or otherwise
encumber all or any part of the revenues and receipts derived or to be derived
by the county under the project agreement;
(B) Pledge and assign the interests and rights
of the county under the project agreement or other agreement with respect to
such pollution control project;
(C) Pledge and assign any bond, debenture,
note, or other evidence of indebtedness received by the county with respect to
such pollution control project; or
(D) Any combination of the foregoing;
(5) With or without terminating a project agreement,
exercise any and all rights provided by law for entry and reentry upon or to
take possession of a pollution control project at any time, or from time to
time, upon breach or default by a project party under a project agreement,
including any action at law or in equity for the purpose of effecting its
rights of entry or reentry or obtaining possession of the project or for the
payments of the rentals, user taxes, or charges or any other sums due and
payable by the project party to the county pursuant to the project agreement;
and
(6) Do all things necessary or proper to carry out
the purposes of this chapter. [L 1983, c 237, pt of §2]