State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-10 > Chapter-28j > 28j-9

        28J.9  POWERS OF PORT AUTHORITY.
         A port authority may exercise all of the following powers:
         1.  Adopt bylaws for the regulation of the port authority's
      affairs and the conduct of the port authority's business.
         2.  Adopt an official seal.
         3.  Maintain a principal office and branch offices within the port
      authority's jurisdiction.
         4.  Acquire, construct, furnish, equip, maintain, repair, sell,
      exchange, lease, lease with an option to purchase, convey interests
      in real or personal property, and operate any property of the port
      authority in connection with transportation, recreational,
      governmental operations, or cultural activities in furtherance of an
      authorized purpose.
         5.  Straighten, deepen, and improve any channel, river, stream, or
      other watercourse or way which may be necessary or proper in the
      development of the facilities of the port authority.
         6.  Make available the use or services of any facility of the port
      authority to any person or governmental agency.
         7.  Issue bonds or pledge orders pursuant to the requirements and
      limitations in section 28J.21.
         8.  Issue port authority revenue bonds beyond the limit of bonded
      indebtedness provided by law, payable solely from revenues as
      provided in section 28J.21, for the purpose of providing funds to pay
      the costs of any facility or facilities of the port authority or
      parts thereof.
         9.  Apply to the proper authorities of the United States for the
      right to establish, operate, and maintain foreign trade zones and
      establish, operate, and maintain foreign trade zones and to acquire,
      exchange, sell, lease to or from, lease with an option to purchase,
      or operate facilities, land, or property in accordance with the
      federal Foreign Trade Zones Act, 19 U.S.C. § 81a-81u.
         10.  Enjoy and possess the same legislative and executive rights,
      privileges, and powers granted cities under chapter 364 and counties
      under chapter 331, including the exercise of police power but
      excluding the power to levy taxes.
         11.  Maintain such funds as it considers necessary and adhere to
      the public funds investment standards of chapter 12B, as applicable.

         12.  Direct port authority agents or employees, after at least
      five days' written notice, to enter upon lands within the port
      authority's jurisdiction to make surveys and examinations preliminary
      to location and construction of works for the port authority, without
      liability of the port authority or its agents or employees except for
      actual damages.
         13.  Promote, advertise, and publicize the port authority and its
      facilities, and provide information to shippers and other commercial
      interests.
         14.  Adopt bylaws, not in conflict with state or federal law,
      necessary or incidental to the performance of the duties of and the
      execution of the powers of the port authority under this chapter.
         15.  Do any of the following in regard to interests in real or
      personal property, including machinery, equipment, plants, factories,
      offices, and other structures and facilities related to or in
      furtherance of any authorized purpose as the board in its sole
      discretion may determine:
         a.  Loan money to any person or governmental agency for the
      acquisition, construction, furnishing, or equipping of the property.

         b.  Acquire, construct, maintain, repair, furnish, or equip
      the property.
         c.  Sell to, exchange with, lease, convey other interests in,
      or lease with an option to purchase the same or any lesser interest
      in the property to the same or any other person or governmental
      agency.
         d.  Guarantee the obligations of any person or governmental
      agency.
         e.  Accept and hold as consideration for the conveyance of
      property or any interest therein such property or interests therein
      as the board may determine, notwithstanding any restrictions that
      apply to the investment of funds by a port authority.
         16.  Sell, lease, or convey other interests in real and personal
      property, and grant easements or rights-of-way over property of the
      port authority.  The board shall specify the consideration and terms
      for the sale, lease, or conveyance of other interests in real and
      personal property.  A determination made by the board under this
      subsection shall be conclusive.  The sale, lease, or conveyance may
      be made without advertising and the receipt of bids.
         17.  Enter into an agreement with a political subdivision
      comprising the port authority for the political subdivision to
      exercise its right of eminent domain pursuant to chapters 6A and 6B
      on behalf of the port authority.  However, a condemnation exercised
      on behalf of a port authority pursuant to this subsection shall not
      take or disturb property or a facility belonging to a governmental
      agency, utility company, or common carrier, which property or
      facility is necessary and convenient in the operation of the
      governmental agency, utility company, or common carrier, unless
      provision is made for the restoration, relocation, or duplication of
      such property or facility, or upon the election of the governmental
      agency, utility company, or common carrier, for the payment of
      compensation, if any, at the sole cost of the port authority,
      provided that both of the following apply:
         a.  If a restoration or duplication proposed to be made under
      this subsection involves a relocation of the property or facility,
      the new facility and location shall be of at least comparable
      utilitarian value and effectiveness and shall not impair the ability
      of the utility company or common carrier to compete in its original
      area of operation.
         b.  If a restoration or duplication made under this subsection
      involves a relocation of the property or facility, the port authority
      shall acquire no interest or right in or to the appropriated property
      or facility, until the relocated property or facility is available
      for use and until marketable title thereto has been transferred to
      the utility company or common carrier.
         18. a.  Make and enter into all contracts and agreements and
      execute all instruments necessary or incidental to the performance of
      the duties of and the execution of powers of the port authority under
      this chapter.
         b.  Except as provided in paragraph "c", when the cost of
      a contract for the construction of a building, structure, or other
      improvement undertaken by a port authority involves an expenditure
      exceeding the competitive bid threshold in section 26.3, or as
      established in section 314.1B, and the port authority is the
      contracting entity, the port authority shall make a written contract
      after notice calling for bids for the award of the contract has been
      given by publication twice, with at least seven days between
      publications, in a newspaper of general circulation in the area of
      the port authority.  Each such contract shall be let to the lowest
      responsive and responsible bidder.  Every contract shall be
      accompanied by or shall refer to plans and specifications for the
      work to be done, prepared for and approved by the port authority, and
      signed by an authorized officer of the port authority and by the
      contractor.
         c.  The board of directors may provide criteria for the
      negotiation and award without competitive bidding of any contract as
      to which the port authority is the contracting entity for the
      construction of any building or structure or other improvement under
      any of the following circumstances:
         (1)  A real and present emergency exists that threatens damage or
      injury to persons or property of the port authority or other persons,
      provided that a statement specifying the nature of the emergency that
      is the basis for the negotiation and award of a contract without
      competitive bidding shall be signed by the officer of the port
      authority that executes that contract at the time of the contract's
      execution and shall be attached to the contract.
         (2)  A commonly recognized industry or other standard or
      specification does not exist and cannot objectively be articulated
      for the improvement.
         (3)  The contract is for any energy conservation measure as
      defined in section 7D.34.
         (4)  With respect to material to be incorporated into the
      improvement, only a single source or supplier exists for the
      material.
         (5)  A single bid is received by the port authority after
      complying with the provisions of paragraph "b".
         d. (1)  If a contract is to be negotiated and awarded without
      competitive bidding for the reason set forth in paragraph "c",
      subparagraph (2), the port authority shall publish a notice calling
      for technical proposals at least twice, with at least seven days
      between publications, in a newspaper of general circulation in the
      area of the port authority.  After receipt of the technical
      proposals, the port authority may negotiate with and award a contract
      for the improvement to the person making the proposal considered to
      be the most advantageous to the port authority.
         (2)  If a contract is to be negotiated and awarded without
      competitive bidding for the reason set forth in paragraph "c",
      subparagraph (4), construction activities related to the
      incorporation of the material into the improvement also may be
      provided without competitive bidding by the source or supplier of
      that material.
         e.  A purchase, exchange, sale, lease, lease with an option to
      purchase, conveyance of other interests in, or other contract with a
      person or governmental agency that pertains to the acquisition,
      construction, maintenance, repair, furnishing, equipping, or
      operation of any real or personal property, related to or in
      furtherance of economic development and the provision of adequate
      housing, shall be made in such manner and subject to such terms and
      conditions as may be determined in the board's discretion.  This
      paragraph applies to all contracts that are subject to this section,
      notwithstanding any other provision of law that might otherwise
      apply, including a requirement of notice, competitive bidding or
      selection, or for the provision of security.  However, this paragraph
      shall not apply to a contract secured exclusively by or to be paid
      exclusively from the general revenues of the port authority.  For the
      purposes of this paragraph, any revenues derived by the port
      authority under a lease or other agreement that, by its terms,
      contemplates the use of amounts payable under the agreement either to
      pay the costs of the improvement that is the subject of the contract
      or to secure obligations of the port authority issued to finance
      costs of such improvement, are excluded from general revenues.
         19.  Employ managers, superintendents, and other employees and
      retain or contract with consulting engineers, financial consultants,
      accounting experts, architects, attorneys, and any other consultants
      and independent contractors as are necessary in the port authority's
      judgment to carry out this chapter, and fix the compensation thereof.
      All expenses thereof shall be payable from any available funds of the
      port authority or from funds appropriated for that purpose by the
      political subdivisions comprising the port authority.
         20.  Receive and accept from a governmental agency grants and
      loans for the construction of a port authority facility, for research
      and development with respect to a port authority facility, or any
      other authorized purpose, and receive and accept aid or contributions
      from any source of moneys, property, labor, or other things of value,
      to be held, used, and applied only for the purposes for which the
      grants, loans, aid, or contributions are made.
         21.  Engage in research and development with respect to a port
      authority facility.
         22.  Purchase fire and extended coverage and liability insurance
      for a port authority facility and for the principal office and branch
      offices of the port authority, insurance protecting the port
      authority and its officers and employees against liability for damage
      to property or injury to or death of persons arising from its
      operations, and any other insurance the port authority may agree to
      provide under a resolution authorizing port authority revenue bonds,
      pledge orders, or in any trust agreement securing the same.
         23.  Charge, alter, and collect rental fees and other charges for
      the use or services of a port authority facility as provided in
      section 28J.16.
         24.  Perform all acts necessary or proper to carry out the powers
      expressly granted in this chapter.  
         Section History: Recent Form
         2005 Acts, ch 150, §97; 2006 Acts, ch 1017, §17, 42, 43

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-10 > Chapter-28j > 28j-9

        28J.9  POWERS OF PORT AUTHORITY.
         A port authority may exercise all of the following powers:
         1.  Adopt bylaws for the regulation of the port authority's
      affairs and the conduct of the port authority's business.
         2.  Adopt an official seal.
         3.  Maintain a principal office and branch offices within the port
      authority's jurisdiction.
         4.  Acquire, construct, furnish, equip, maintain, repair, sell,
      exchange, lease, lease with an option to purchase, convey interests
      in real or personal property, and operate any property of the port
      authority in connection with transportation, recreational,
      governmental operations, or cultural activities in furtherance of an
      authorized purpose.
         5.  Straighten, deepen, and improve any channel, river, stream, or
      other watercourse or way which may be necessary or proper in the
      development of the facilities of the port authority.
         6.  Make available the use or services of any facility of the port
      authority to any person or governmental agency.
         7.  Issue bonds or pledge orders pursuant to the requirements and
      limitations in section 28J.21.
         8.  Issue port authority revenue bonds beyond the limit of bonded
      indebtedness provided by law, payable solely from revenues as
      provided in section 28J.21, for the purpose of providing funds to pay
      the costs of any facility or facilities of the port authority or
      parts thereof.
         9.  Apply to the proper authorities of the United States for the
      right to establish, operate, and maintain foreign trade zones and
      establish, operate, and maintain foreign trade zones and to acquire,
      exchange, sell, lease to or from, lease with an option to purchase,
      or operate facilities, land, or property in accordance with the
      federal Foreign Trade Zones Act, 19 U.S.C. § 81a-81u.
         10.  Enjoy and possess the same legislative and executive rights,
      privileges, and powers granted cities under chapter 364 and counties
      under chapter 331, including the exercise of police power but
      excluding the power to levy taxes.
         11.  Maintain such funds as it considers necessary and adhere to
      the public funds investment standards of chapter 12B, as applicable.

         12.  Direct port authority agents or employees, after at least
      five days' written notice, to enter upon lands within the port
      authority's jurisdiction to make surveys and examinations preliminary
      to location and construction of works for the port authority, without
      liability of the port authority or its agents or employees except for
      actual damages.
         13.  Promote, advertise, and publicize the port authority and its
      facilities, and provide information to shippers and other commercial
      interests.
         14.  Adopt bylaws, not in conflict with state or federal law,
      necessary or incidental to the performance of the duties of and the
      execution of the powers of the port authority under this chapter.
         15.  Do any of the following in regard to interests in real or
      personal property, including machinery, equipment, plants, factories,
      offices, and other structures and facilities related to or in
      furtherance of any authorized purpose as the board in its sole
      discretion may determine:
         a.  Loan money to any person or governmental agency for the
      acquisition, construction, furnishing, or equipping of the property.

         b.  Acquire, construct, maintain, repair, furnish, or equip
      the property.
         c.  Sell to, exchange with, lease, convey other interests in,
      or lease with an option to purchase the same or any lesser interest
      in the property to the same or any other person or governmental
      agency.
         d.  Guarantee the obligations of any person or governmental
      agency.
         e.  Accept and hold as consideration for the conveyance of
      property or any interest therein such property or interests therein
      as the board may determine, notwithstanding any restrictions that
      apply to the investment of funds by a port authority.
         16.  Sell, lease, or convey other interests in real and personal
      property, and grant easements or rights-of-way over property of the
      port authority.  The board shall specify the consideration and terms
      for the sale, lease, or conveyance of other interests in real and
      personal property.  A determination made by the board under this
      subsection shall be conclusive.  The sale, lease, or conveyance may
      be made without advertising and the receipt of bids.
         17.  Enter into an agreement with a political subdivision
      comprising the port authority for the political subdivision to
      exercise its right of eminent domain pursuant to chapters 6A and 6B
      on behalf of the port authority.  However, a condemnation exercised
      on behalf of a port authority pursuant to this subsection shall not
      take or disturb property or a facility belonging to a governmental
      agency, utility company, or common carrier, which property or
      facility is necessary and convenient in the operation of the
      governmental agency, utility company, or common carrier, unless
      provision is made for the restoration, relocation, or duplication of
      such property or facility, or upon the election of the governmental
      agency, utility company, or common carrier, for the payment of
      compensation, if any, at the sole cost of the port authority,
      provided that both of the following apply:
         a.  If a restoration or duplication proposed to be made under
      this subsection involves a relocation of the property or facility,
      the new facility and location shall be of at least comparable
      utilitarian value and effectiveness and shall not impair the ability
      of the utility company or common carrier to compete in its original
      area of operation.
         b.  If a restoration or duplication made under this subsection
      involves a relocation of the property or facility, the port authority
      shall acquire no interest or right in or to the appropriated property
      or facility, until the relocated property or facility is available
      for use and until marketable title thereto has been transferred to
      the utility company or common carrier.
         18. a.  Make and enter into all contracts and agreements and
      execute all instruments necessary or incidental to the performance of
      the duties of and the execution of powers of the port authority under
      this chapter.
         b.  Except as provided in paragraph "c", when the cost of
      a contract for the construction of a building, structure, or other
      improvement undertaken by a port authority involves an expenditure
      exceeding the competitive bid threshold in section 26.3, or as
      established in section 314.1B, and the port authority is the
      contracting entity, the port authority shall make a written contract
      after notice calling for bids for the award of the contract has been
      given by publication twice, with at least seven days between
      publications, in a newspaper of general circulation in the area of
      the port authority.  Each such contract shall be let to the lowest
      responsive and responsible bidder.  Every contract shall be
      accompanied by or shall refer to plans and specifications for the
      work to be done, prepared for and approved by the port authority, and
      signed by an authorized officer of the port authority and by the
      contractor.
         c.  The board of directors may provide criteria for the
      negotiation and award without competitive bidding of any contract as
      to which the port authority is the contracting entity for the
      construction of any building or structure or other improvement under
      any of the following circumstances:
         (1)  A real and present emergency exists that threatens damage or
      injury to persons or property of the port authority or other persons,
      provided that a statement specifying the nature of the emergency that
      is the basis for the negotiation and award of a contract without
      competitive bidding shall be signed by the officer of the port
      authority that executes that contract at the time of the contract's
      execution and shall be attached to the contract.
         (2)  A commonly recognized industry or other standard or
      specification does not exist and cannot objectively be articulated
      for the improvement.
         (3)  The contract is for any energy conservation measure as
      defined in section 7D.34.
         (4)  With respect to material to be incorporated into the
      improvement, only a single source or supplier exists for the
      material.
         (5)  A single bid is received by the port authority after
      complying with the provisions of paragraph "b".
         d. (1)  If a contract is to be negotiated and awarded without
      competitive bidding for the reason set forth in paragraph "c",
      subparagraph (2), the port authority shall publish a notice calling
      for technical proposals at least twice, with at least seven days
      between publications, in a newspaper of general circulation in the
      area of the port authority.  After receipt of the technical
      proposals, the port authority may negotiate with and award a contract
      for the improvement to the person making the proposal considered to
      be the most advantageous to the port authority.
         (2)  If a contract is to be negotiated and awarded without
      competitive bidding for the reason set forth in paragraph "c",
      subparagraph (4), construction activities related to the
      incorporation of the material into the improvement also may be
      provided without competitive bidding by the source or supplier of
      that material.
         e.  A purchase, exchange, sale, lease, lease with an option to
      purchase, conveyance of other interests in, or other contract with a
      person or governmental agency that pertains to the acquisition,
      construction, maintenance, repair, furnishing, equipping, or
      operation of any real or personal property, related to or in
      furtherance of economic development and the provision of adequate
      housing, shall be made in such manner and subject to such terms and
      conditions as may be determined in the board's discretion.  This
      paragraph applies to all contracts that are subject to this section,
      notwithstanding any other provision of law that might otherwise
      apply, including a requirement of notice, competitive bidding or
      selection, or for the provision of security.  However, this paragraph
      shall not apply to a contract secured exclusively by or to be paid
      exclusively from the general revenues of the port authority.  For the
      purposes of this paragraph, any revenues derived by the port
      authority under a lease or other agreement that, by its terms,
      contemplates the use of amounts payable under the agreement either to
      pay the costs of the improvement that is the subject of the contract
      or to secure obligations of the port authority issued to finance
      costs of such improvement, are excluded from general revenues.
         19.  Employ managers, superintendents, and other employees and
      retain or contract with consulting engineers, financial consultants,
      accounting experts, architects, attorneys, and any other consultants
      and independent contractors as are necessary in the port authority's
      judgment to carry out this chapter, and fix the compensation thereof.
      All expenses thereof shall be payable from any available funds of the
      port authority or from funds appropriated for that purpose by the
      political subdivisions comprising the port authority.
         20.  Receive and accept from a governmental agency grants and
      loans for the construction of a port authority facility, for research
      and development with respect to a port authority facility, or any
      other authorized purpose, and receive and accept aid or contributions
      from any source of moneys, property, labor, or other things of value,
      to be held, used, and applied only for the purposes for which the
      grants, loans, aid, or contributions are made.
         21.  Engage in research and development with respect to a port
      authority facility.
         22.  Purchase fire and extended coverage and liability insurance
      for a port authority facility and for the principal office and branch
      offices of the port authority, insurance protecting the port
      authority and its officers and employees against liability for damage
      to property or injury to or death of persons arising from its
      operations, and any other insurance the port authority may agree to
      provide under a resolution authorizing port authority revenue bonds,
      pledge orders, or in any trust agreement securing the same.
         23.  Charge, alter, and collect rental fees and other charges for
      the use or services of a port authority facility as provided in
      section 28J.16.
         24.  Perform all acts necessary or proper to carry out the powers
      expressly granted in this chapter.  
         Section History: Recent Form
         2005 Acts, ch 150, §97; 2006 Acts, ch 1017, §17, 42, 43

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-1 > Subtitle-10 > Chapter-28j > 28j-9

        28J.9  POWERS OF PORT AUTHORITY.
         A port authority may exercise all of the following powers:
         1.  Adopt bylaws for the regulation of the port authority's
      affairs and the conduct of the port authority's business.
         2.  Adopt an official seal.
         3.  Maintain a principal office and branch offices within the port
      authority's jurisdiction.
         4.  Acquire, construct, furnish, equip, maintain, repair, sell,
      exchange, lease, lease with an option to purchase, convey interests
      in real or personal property, and operate any property of the port
      authority in connection with transportation, recreational,
      governmental operations, or cultural activities in furtherance of an
      authorized purpose.
         5.  Straighten, deepen, and improve any channel, river, stream, or
      other watercourse or way which may be necessary or proper in the
      development of the facilities of the port authority.
         6.  Make available the use or services of any facility of the port
      authority to any person or governmental agency.
         7.  Issue bonds or pledge orders pursuant to the requirements and
      limitations in section 28J.21.
         8.  Issue port authority revenue bonds beyond the limit of bonded
      indebtedness provided by law, payable solely from revenues as
      provided in section 28J.21, for the purpose of providing funds to pay
      the costs of any facility or facilities of the port authority or
      parts thereof.
         9.  Apply to the proper authorities of the United States for the
      right to establish, operate, and maintain foreign trade zones and
      establish, operate, and maintain foreign trade zones and to acquire,
      exchange, sell, lease to or from, lease with an option to purchase,
      or operate facilities, land, or property in accordance with the
      federal Foreign Trade Zones Act, 19 U.S.C. § 81a-81u.
         10.  Enjoy and possess the same legislative and executive rights,
      privileges, and powers granted cities under chapter 364 and counties
      under chapter 331, including the exercise of police power but
      excluding the power to levy taxes.
         11.  Maintain such funds as it considers necessary and adhere to
      the public funds investment standards of chapter 12B, as applicable.

         12.  Direct port authority agents or employees, after at least
      five days' written notice, to enter upon lands within the port
      authority's jurisdiction to make surveys and examinations preliminary
      to location and construction of works for the port authority, without
      liability of the port authority or its agents or employees except for
      actual damages.
         13.  Promote, advertise, and publicize the port authority and its
      facilities, and provide information to shippers and other commercial
      interests.
         14.  Adopt bylaws, not in conflict with state or federal law,
      necessary or incidental to the performance of the duties of and the
      execution of the powers of the port authority under this chapter.
         15.  Do any of the following in regard to interests in real or
      personal property, including machinery, equipment, plants, factories,
      offices, and other structures and facilities related to or in
      furtherance of any authorized purpose as the board in its sole
      discretion may determine:
         a.  Loan money to any person or governmental agency for the
      acquisition, construction, furnishing, or equipping of the property.

         b.  Acquire, construct, maintain, repair, furnish, or equip
      the property.
         c.  Sell to, exchange with, lease, convey other interests in,
      or lease with an option to purchase the same or any lesser interest
      in the property to the same or any other person or governmental
      agency.
         d.  Guarantee the obligations of any person or governmental
      agency.
         e.  Accept and hold as consideration for the conveyance of
      property or any interest therein such property or interests therein
      as the board may determine, notwithstanding any restrictions that
      apply to the investment of funds by a port authority.
         16.  Sell, lease, or convey other interests in real and personal
      property, and grant easements or rights-of-way over property of the
      port authority.  The board shall specify the consideration and terms
      for the sale, lease, or conveyance of other interests in real and
      personal property.  A determination made by the board under this
      subsection shall be conclusive.  The sale, lease, or conveyance may
      be made without advertising and the receipt of bids.
         17.  Enter into an agreement with a political subdivision
      comprising the port authority for the political subdivision to
      exercise its right of eminent domain pursuant to chapters 6A and 6B
      on behalf of the port authority.  However, a condemnation exercised
      on behalf of a port authority pursuant to this subsection shall not
      take or disturb property or a facility belonging to a governmental
      agency, utility company, or common carrier, which property or
      facility is necessary and convenient in the operation of the
      governmental agency, utility company, or common carrier, unless
      provision is made for the restoration, relocation, or duplication of
      such property or facility, or upon the election of the governmental
      agency, utility company, or common carrier, for the payment of
      compensation, if any, at the sole cost of the port authority,
      provided that both of the following apply:
         a.  If a restoration or duplication proposed to be made under
      this subsection involves a relocation of the property or facility,
      the new facility and location shall be of at least comparable
      utilitarian value and effectiveness and shall not impair the ability
      of the utility company or common carrier to compete in its original
      area of operation.
         b.  If a restoration or duplication made under this subsection
      involves a relocation of the property or facility, the port authority
      shall acquire no interest or right in or to the appropriated property
      or facility, until the relocated property or facility is available
      for use and until marketable title thereto has been transferred to
      the utility company or common carrier.
         18. a.  Make and enter into all contracts and agreements and
      execute all instruments necessary or incidental to the performance of
      the duties of and the execution of powers of the port authority under
      this chapter.
         b.  Except as provided in paragraph "c", when the cost of
      a contract for the construction of a building, structure, or other
      improvement undertaken by a port authority involves an expenditure
      exceeding the competitive bid threshold in section 26.3, or as
      established in section 314.1B, and the port authority is the
      contracting entity, the port authority shall make a written contract
      after notice calling for bids for the award of the contract has been
      given by publication twice, with at least seven days between
      publications, in a newspaper of general circulation in the area of
      the port authority.  Each such contract shall be let to the lowest
      responsive and responsible bidder.  Every contract shall be
      accompanied by or shall refer to plans and specifications for the
      work to be done, prepared for and approved by the port authority, and
      signed by an authorized officer of the port authority and by the
      contractor.
         c.  The board of directors may provide criteria for the
      negotiation and award without competitive bidding of any contract as
      to which the port authority is the contracting entity for the
      construction of any building or structure or other improvement under
      any of the following circumstances:
         (1)  A real and present emergency exists that threatens damage or
      injury to persons or property of the port authority or other persons,
      provided that a statement specifying the nature of the emergency that
      is the basis for the negotiation and award of a contract without
      competitive bidding shall be signed by the officer of the port
      authority that executes that contract at the time of the contract's
      execution and shall be attached to the contract.
         (2)  A commonly recognized industry or other standard or
      specification does not exist and cannot objectively be articulated
      for the improvement.
         (3)  The contract is for any energy conservation measure as
      defined in section 7D.34.
         (4)  With respect to material to be incorporated into the
      improvement, only a single source or supplier exists for the
      material.
         (5)  A single bid is received by the port authority after
      complying with the provisions of paragraph "b".
         d. (1)  If a contract is to be negotiated and awarded without
      competitive bidding for the reason set forth in paragraph "c",
      subparagraph (2), the port authority shall publish a notice calling
      for technical proposals at least twice, with at least seven days
      between publications, in a newspaper of general circulation in the
      area of the port authority.  After receipt of the technical
      proposals, the port authority may negotiate with and award a contract
      for the improvement to the person making the proposal considered to
      be the most advantageous to the port authority.
         (2)  If a contract is to be negotiated and awarded without
      competitive bidding for the reason set forth in paragraph "c",
      subparagraph (4), construction activities related to the
      incorporation of the material into the improvement also may be
      provided without competitive bidding by the source or supplier of
      that material.
         e.  A purchase, exchange, sale, lease, lease with an option to
      purchase, conveyance of other interests in, or other contract with a
      person or governmental agency that pertains to the acquisition,
      construction, maintenance, repair, furnishing, equipping, or
      operation of any real or personal property, related to or in
      furtherance of economic development and the provision of adequate
      housing, shall be made in such manner and subject to such terms and
      conditions as may be determined in the board's discretion.  This
      paragraph applies to all contracts that are subject to this section,
      notwithstanding any other provision of law that might otherwise
      apply, including a requirement of notice, competitive bidding or
      selection, or for the provision of security.  However, this paragraph
      shall not apply to a contract secured exclusively by or to be paid
      exclusively from the general revenues of the port authority.  For the
      purposes of this paragraph, any revenues derived by the port
      authority under a lease or other agreement that, by its terms,
      contemplates the use of amounts payable under the agreement either to
      pay the costs of the improvement that is the subject of the contract
      or to secure obligations of the port authority issued to finance
      costs of such improvement, are excluded from general revenues.
         19.  Employ managers, superintendents, and other employees and
      retain or contract with consulting engineers, financial consultants,
      accounting experts, architects, attorneys, and any other consultants
      and independent contractors as are necessary in the port authority's
      judgment to carry out this chapter, and fix the compensation thereof.
      All expenses thereof shall be payable from any available funds of the
      port authority or from funds appropriated for that purpose by the
      political subdivisions comprising the port authority.
         20.  Receive and accept from a governmental agency grants and
      loans for the construction of a port authority facility, for research
      and development with respect to a port authority facility, or any
      other authorized purpose, and receive and accept aid or contributions
      from any source of moneys, property, labor, or other things of value,
      to be held, used, and applied only for the purposes for which the
      grants, loans, aid, or contributions are made.
         21.  Engage in research and development with respect to a port
      authority facility.
         22.  Purchase fire and extended coverage and liability insurance
      for a port authority facility and for the principal office and branch
      offices of the port authority, insurance protecting the port
      authority and its officers and employees against liability for damage
      to property or injury to or death of persons arising from its
      operations, and any other insurance the port authority may agree to
      provide under a resolution authorizing port authority revenue bonds,
      pledge orders, or in any trust agreement securing the same.
         23.  Charge, alter, and collect rental fees and other charges for
      the use or services of a port authority facility as provided in
      section 28J.16.
         24.  Perform all acts necessary or proper to carry out the powers
      expressly granted in this chapter.  
         Section History: Recent Form
         2005 Acts, ch 150, §97; 2006 Acts, ch 1017, §17, 42, 43