§ 159B‑44. Generalpowers of joint municipal assistance agencies and municipalities.
Each joint municipalassistance agency shall have all of the rights and powers necessary orconvenient to carry out and effectuate the purposes and provisions of this Article,including, but without limiting the generality of the foregoing, the rights andpowers:
(1) To establish andfrom time to time modify a schedule of dues and assessments and to provide thatthe payment thereof when due shall be prerequisite to voting at any meeting andparticipation in and enjoyment of rights or benefits of the joint municipalassistance agency;
(2) To appropriate forthe purposes of the joint municipal assistance agency the funds derived fromdues and assessments, and from any other source;
(3) To provide aid andassistance to any one or more municipalities, and to act for or on behalf ofany one or more municipalities, in any activity related to the construction,ownership, maintenance, expansion or operation of an electric system, upon suchterms, conditions and considerations as may be agreed to between themunicipalities and the joint municipal assistance agency;
(4) To provide aid andassistance to any one or more joint agencies, and to act for or on behalf ofany one or more joint agencies in the exercise of any power, function, right,privilege or immunity granted by Article 2 of this Chapter, upon such terms,conditions and considerations as may be agreed to between the joint agency andthe joint municipal assistance agency;
(5) To provide propertyand services to any one or more municipalities or joint agencies upon suchterms, conditions and considerations as may be agreed to between themunicipalities or joint agency and the joint municipal assistance agency;
(6) To adopt bylaws forthe regulation of the affairs and the conduct of its business, and to prescriberules, regulations and policies in connection with the performance of itsfunctions and duties;
(7) To adopt an officialseal and alter the same at pleasure;
(8) To acquire andmaintain an administrative office building or office at such place or places asit may determine, which building or office may be used or owned together withany joint agency or agencies, municipalities, corporations, associations orpersons under such terms and provisions for sharing costs and otherwise as maybe determined;
(9) To sue and be suedin its own name, and to plead and be impleaded;
(10) To receive,administer and comply with the conditions and requirements respecting any gift,grant or donation of any property or money;
(11) To acquire bypurchase, lease, gift, or otherwise, or to obtain options for the acquisitionof, any property, real or personal, improved or unimproved, including aninterest in land less than the fee thereof;
(12) To sell, lease,exchange, transfer or otherwise dispose of, or to grant options for any suchpurposes with respect to, any real or personal property or interest therein;provided, however, that property acquired by a joint municipal assistanceagency from a municipality without consideration or for a consideration otherthan the fair market value thereof as determined by the governing board of themunicipality may only be disposed of in accordance with the procedures setforth in Article 12 of Chapter 160A of the General Statutes;
(13) To make and executecontracts and other instruments necessary or convenient in the exercise of thepowers and functions of the joint municipal assistance agency, includingcontracts with municipalities, joint agencies, persons, firms, corporations andothers, provided, however, that such contracts shall not unreasonably precludethe municipality or joint agency from contracting with other parties in orderto achieve economy, adequacy and reliability in the operation of their electricsystems;
(14) To employ engineers,architects, attorneys, real estate counselors, appraisers, financial advisorsand such other consultants and employees as may be required in the judgment ofthe joint municipal assistance agency and to fix and pay their compensationfrom funds available to the joint municipal assistance agency therefor; and
(15) To do all acts andthings necessary, convenient or desirable to carry out the purposes, and toexercise the powers granted to the joint municipal assistance agency herein.
Any municipality or jointagency is authorized to appropriate and pay funds to a joint municipalassistance agency and to enter into contracts or arrangements with a jointmunicipal assistance agency for the purposes and in the execution of thefunctions and powers of the municipality or joint agency.
Joint municipal assistanceagencies shall comply with Article 8 of Chapter 143 of the General Statutesrespecting acquisition or construction of property to the same extent requiredof municipalities; provided, however, that Article 8 of Chapter 143 of theGeneral Statutes shall not apply to a municipality, joint municipal assistanceagency or joint agency in transactions between a joint municipal assistanceagency and a municipality or joint agency involving the transfer orconstruction of property.
Property owned by a jointmunicipal assistance agency or jointly owned by municipalities or jointagencies and joint municipal assistance agencies shall be exempt from propertytaxes; provided, however, that each joint municipal assistance agency shall, inlieu of property taxes, pay to any governmental agency authorized to levyproperty taxes the amount which would be assessed as taxes on real and personalproperty of such agency if such property were otherwise subject to valuationand assessment by the Department of Revenue. Such payments in lieu of taxesshall be due and shall bear interest if unpaid, as in the cases of taxes onother property. Payments in lieu of taxes made hereunder shall be treated inthe same manner as taxes for purposes of all procedural and substantiveprovisions of law. (1983,c. 609, s. 7; 1995, c. 412, s. 24; 2008‑38, s. 1.)
§ 159B‑44. Generalpowers of joint municipal assistance agencies and municipalities.
Each joint municipalassistance agency shall have all of the rights and powers necessary orconvenient to carry out and effectuate the purposes and provisions of this Article,including, but without limiting the generality of the foregoing, the rights andpowers:
(1) To establish andfrom time to time modify a schedule of dues and assessments and to provide thatthe payment thereof when due shall be prerequisite to voting at any meeting andparticipation in and enjoyment of rights or benefits of the joint municipalassistance agency;
(2) To appropriate forthe purposes of the joint municipal assistance agency the funds derived fromdues and assessments, and from any other source;
(3) To provide aid andassistance to any one or more municipalities, and to act for or on behalf ofany one or more municipalities, in any activity related to the construction,ownership, maintenance, expansion or operation of an electric system, upon suchterms, conditions and considerations as may be agreed to between themunicipalities and the joint municipal assistance agency;
(4) To provide aid andassistance to any one or more joint agencies, and to act for or on behalf ofany one or more joint agencies in the exercise of any power, function, right,privilege or immunity granted by Article 2 of this Chapter, upon such terms,conditions and considerations as may be agreed to between the joint agency andthe joint municipal assistance agency;
(5) To provide propertyand services to any one or more municipalities or joint agencies upon suchterms, conditions and considerations as may be agreed to between themunicipalities or joint agency and the joint municipal assistance agency;
(6) To adopt bylaws forthe regulation of the affairs and the conduct of its business, and to prescriberules, regulations and policies in connection with the performance of itsfunctions and duties;
(7) To adopt an officialseal and alter the same at pleasure;
(8) To acquire andmaintain an administrative office building or office at such place or places asit may determine, which building or office may be used or owned together withany joint agency or agencies, municipalities, corporations, associations orpersons under such terms and provisions for sharing costs and otherwise as maybe determined;
(9) To sue and be suedin its own name, and to plead and be impleaded;
(10) To receive,administer and comply with the conditions and requirements respecting any gift,grant or donation of any property or money;
(11) To acquire bypurchase, lease, gift, or otherwise, or to obtain options for the acquisitionof, any property, real or personal, improved or unimproved, including aninterest in land less than the fee thereof;
(12) To sell, lease,exchange, transfer or otherwise dispose of, or to grant options for any suchpurposes with respect to, any real or personal property or interest therein;provided, however, that property acquired by a joint municipal assistanceagency from a municipality without consideration or for a consideration otherthan the fair market value thereof as determined by the governing board of themunicipality may only be disposed of in accordance with the procedures setforth in Article 12 of Chapter 160A of the General Statutes;
(13) To make and executecontracts and other instruments necessary or convenient in the exercise of thepowers and functions of the joint municipal assistance agency, includingcontracts with municipalities, joint agencies, persons, firms, corporations andothers, provided, however, that such contracts shall not unreasonably precludethe municipality or joint agency from contracting with other parties in orderto achieve economy, adequacy and reliability in the operation of their electricsystems;
(14) To employ engineers,architects, attorneys, real estate counselors, appraisers, financial advisorsand such other consultants and employees as may be required in the judgment ofthe joint municipal assistance agency and to fix and pay their compensationfrom funds available to the joint municipal assistance agency therefor; and
(15) To do all acts andthings necessary, convenient or desirable to carry out the purposes, and toexercise the powers granted to the joint municipal assistance agency herein.
Any municipality or jointagency is authorized to appropriate and pay funds to a joint municipalassistance agency and to enter into contracts or arrangements with a jointmunicipal assistance agency for the purposes and in the execution of thefunctions and powers of the municipality or joint agency.
Joint municipal assistanceagencies shall comply with Article 8 of Chapter 143 of the General Statutesrespecting acquisition or construction of property to the same extent requiredof municipalities; provided, however, that Article 8 of Chapter 143 of theGeneral Statutes shall not apply to a municipality, joint municipal assistanceagency or joint agency in transactions between a joint municipal assistanceagency and a municipality or joint agency involving the transfer orconstruction of property.
Property owned by a jointmunicipal assistance agency or jointly owned by municipalities or jointagencies and joint municipal assistance agencies shall be exempt from propertytaxes; provided, however, that each joint municipal assistance agency shall, inlieu of property taxes, pay to any governmental agency authorized to levyproperty taxes the amount which would be assessed as taxes on real and personalproperty of such agency if such property were otherwise subject to valuationand assessment by the Department of Revenue. Such payments in lieu of taxesshall be due and shall bear interest if unpaid, as in the cases of taxes onother property. Payments in lieu of taxes made hereunder shall be treated inthe same manner as taxes for purposes of all procedural and substantiveprovisions of law. (1983,c. 609, s. 7; 1995, c. 412, s. 24; 2008‑38, s. 1.)
§ 159B‑44. Generalpowers of joint municipal assistance agencies and municipalities.
Each joint municipalassistance agency shall have all of the rights and powers necessary orconvenient to carry out and effectuate the purposes and provisions of this Article,including, but without limiting the generality of the foregoing, the rights andpowers:
(1) To establish andfrom time to time modify a schedule of dues and assessments and to provide thatthe payment thereof when due shall be prerequisite to voting at any meeting andparticipation in and enjoyment of rights or benefits of the joint municipalassistance agency;
(2) To appropriate forthe purposes of the joint municipal assistance agency the funds derived fromdues and assessments, and from any other source;
(3) To provide aid andassistance to any one or more municipalities, and to act for or on behalf ofany one or more municipalities, in any activity related to the construction,ownership, maintenance, expansion or operation of an electric system, upon suchterms, conditions and considerations as may be agreed to between themunicipalities and the joint municipal assistance agency;
(4) To provide aid andassistance to any one or more joint agencies, and to act for or on behalf ofany one or more joint agencies in the exercise of any power, function, right,privilege or immunity granted by Article 2 of this Chapter, upon such terms,conditions and considerations as may be agreed to between the joint agency andthe joint municipal assistance agency;
(5) To provide propertyand services to any one or more municipalities or joint agencies upon suchterms, conditions and considerations as may be agreed to between themunicipalities or joint agency and the joint municipal assistance agency;
(6) To adopt bylaws forthe regulation of the affairs and the conduct of its business, and to prescriberules, regulations and policies in connection with the performance of itsfunctions and duties;
(7) To adopt an officialseal and alter the same at pleasure;
(8) To acquire andmaintain an administrative office building or office at such place or places asit may determine, which building or office may be used or owned together withany joint agency or agencies, municipalities, corporations, associations orpersons under such terms and provisions for sharing costs and otherwise as maybe determined;
(9) To sue and be suedin its own name, and to plead and be impleaded;
(10) To receive,administer and comply with the conditions and requirements respecting any gift,grant or donation of any property or money;
(11) To acquire bypurchase, lease, gift, or otherwise, or to obtain options for the acquisitionof, any property, real or personal, improved or unimproved, including aninterest in land less than the fee thereof;
(12) To sell, lease,exchange, transfer or otherwise dispose of, or to grant options for any suchpurposes with respect to, any real or personal property or interest therein;provided, however, that property acquired by a joint municipal assistanceagency from a municipality without consideration or for a consideration otherthan the fair market value thereof as determined by the governing board of themunicipality may only be disposed of in accordance with the procedures setforth in Article 12 of Chapter 160A of the General Statutes;
(13) To make and executecontracts and other instruments necessary or convenient in the exercise of thepowers and functions of the joint municipal assistance agency, includingcontracts with municipalities, joint agencies, persons, firms, corporations andothers, provided, however, that such contracts shall not unreasonably precludethe municipality or joint agency from contracting with other parties in orderto achieve economy, adequacy and reliability in the operation of their electricsystems;
(14) To employ engineers,architects, attorneys, real estate counselors, appraisers, financial advisorsand such other consultants and employees as may be required in the judgment ofthe joint municipal assistance agency and to fix and pay their compensationfrom funds available to the joint municipal assistance agency therefor; and
(15) To do all acts andthings necessary, convenient or desirable to carry out the purposes, and toexercise the powers granted to the joint municipal assistance agency herein.
Any municipality or jointagency is authorized to appropriate and pay funds to a joint municipalassistance agency and to enter into contracts or arrangements with a jointmunicipal assistance agency for the purposes and in the execution of thefunctions and powers of the municipality or joint agency.
Joint municipal assistanceagencies shall comply with Article 8 of Chapter 143 of the General Statutesrespecting acquisition or construction of property to the same extent requiredof municipalities; provided, however, that Article 8 of Chapter 143 of theGeneral Statutes shall not apply to a municipality, joint municipal assistanceagency or joint agency in transactions between a joint municipal assistanceagency and a municipality or joint agency involving the transfer orconstruction of property.
Property owned by a jointmunicipal assistance agency or jointly owned by municipalities or jointagencies and joint municipal assistance agencies shall be exempt from propertytaxes; provided, however, that each joint municipal assistance agency shall, inlieu of property taxes, pay to any governmental agency authorized to levyproperty taxes the amount which would be assessed as taxes on real and personalproperty of such agency if such property were otherwise subject to valuationand assessment by the Department of Revenue. Such payments in lieu of taxesshall be due and shall bear interest if unpaid, as in the cases of taxes onother property. Payments in lieu of taxes made hereunder shall be treated inthe same manner as taxes for purposes of all procedural and substantiveprovisions of law. (1983,c. 609, s. 7; 1995, c. 412, s. 24; 2008‑38, s. 1.)
