§206J-5  Powers; generally.  (a)  Thedevelopment corporation shall have all the powers necessary to carry out itspurposes, including the following powers:

(1)  To sue and be sued;

(2)  To have a seal and alter the same at itspleasure;

(3)  To make and execute contracts and all otherinstruments necessary or convenient for the exercise of its powers andfunctions under this chapter;

(4)  To make and alter bylaws for its organization andinternal management;

(5)  To adopt rules under chapter 91 necessary toeffectuate this chapter in connection with its projects, operations,properties, and facilities;

(6)  Through its chief executive officer, to appointofficers, agents, and employees, prescribe their duties and qualifications, andfix their salaries, consistent with chapter 76; its chief executive officer mayalso appoint officers, agents, and employees, prescribe their duties andqualifications, and fix their salaries, without regard to chapter 76;

(7)  To prepare or cause to be prepared a developmentplan for the Aloha Tower complex, incorporating the needs of the department oftransportation and accommodating the plans, specifications, designs, orestimates of any project acceptable to the development corporation;

(8)  To own, lease, hold, clear, improve, andrehabilitate real, personal, or mixed property and to assign, exchange,transfer, convey, lease, sublease, or encumber any project or improvement,including easements, constituting part of a project within the Aloha Towercomplex, except that required for necessary maritime purposes, including leasesor other agreements for the rehabilitation, repair, maintenance, and operationof the Aloha Tower;

(9)  By itself, or in conjunction with qualifiedpersons, to develop, construct, reconstruct, rehabilitate, improve, alter, orrepair or provide for the development, construction, reconstruction,rehabilitation, improvement, alteration, or repair of any project, includingprojects or any portion thereof under the control or jurisdiction of qualifiedpersons; to own, hold, assign, transfer, convey, exchange, lease, sublease, orencumber any project, including projects or any portion thereof under thecontrol or jurisdiction of qualified persons;

(10)  Notwithstanding any other provision of law to thecontrary, to arrange or initiate appropriate action for the planning,replanning, opening, grading, relocating, or closing of streets, roads,roadways, alleys, easements, piers, or other places, the furnishing offacilities, the acquisition of property or property rights, or the furnishingof property, development rights, or services in connection with a project;

(11)  To grant options or renew any lease entered intoby it in connection with any project, on terms and conditions as it deemsadvisable;

(12)  To prepare or cause to be prepared plans,specifications, designs, and estimates of project cost for the development,construction, reconstruction, rehabilitation, improvement, alteration, orrepair of any project, and from time to time to modify such plans, specifications,designs, or estimates;

(13)  To provide advisory, consultative, training, andeducational services, technical assistance, and advice to any person,partnership, or corporation, either public or private, in order to carry outthe purposes of this chapter, and engage the services of consultants on acontractual basis for rendering professional and technical assistance andadvice;

(14)  To procure insurance against any loss inconnection with its property and other assets and operations in such amountsand from such insurers as it deems desirable;

(15)  To contract for and accept gifts or grants in anyform from any public agency or from any other source;

(16)  To pledge or assign all or any part of themoneys, rents, charges, or other revenues and any proceeds derived by thedevelopment corporation from proceeds of insurance or condemnation awards, lessguarantees to the harbor special fund for the loss of revenues or incurrence ofcosts and expenses because of any action taken by the development corporation;and

(17)  To issue bonds of the development corporation forthe purpose of providing funds for any of its corporate purposes.

(b)  The development corporation shall impose,prescribe, and collect rates, rentals, fees, or charges for the lease and useand services of its projects at least sufficient to pay the costs of operation,maintenance and repair, if any, of its projects and the required payments ofthe principal of and interest on all bonds issued to finance its projects. Notwithstanding anything to the contrary contained in this section, thedevelopment corporation may take into account any project costs supplied byqualified persons in calculating such rates, rentals, fees, or charges, to theextent that if the qualified persons selected by the development corporation iswilling to underwrite the entire or substantially all of the costs ofdevelopment and construction of that project, the development corporation isempowered to negotiate nominal rentals. [L 1981, c 236, pt of §1; am L 1982, c250, §3; am L 1988, c 356, §4; am L 1999, c 150, §2; am L 2000, c 253, §150]