§ 40-61-03 — Purpose and powers of an authority

North Dakota § 40-61-03

• Jurisdiction: North Dakota
• Title 40: Municipal Government
• Ch. 40-61: Municipal Parking Authority Act

Text

The purpose of an authority shall be to construct, operate, and maintain one or more
projects in the city and to promote and acquire municipal parking facilities in accordance with
the provisions of this chapter and to promote municipal development by making space above,
below, or adjacent to parking facilities available for commercial development and use in order to
further purposes outlined in this chapter and in chapter 40-60. To carry out said purpose, an
authority shall have power:
1. To sue and be sued.
2. To acquire, hold, and dispose of personal property for its corporate purposes, including
the power to purchase prospective or tentative awards in connection with the
condemnation of real property.
3. To acquire in the name of the city by purchase or condemnation, and use necessary
real property. All real property acquired by the authority by condemnation must be
acquired in the manner provided in the condemnation law or in the manner provided
by chapter 32-15 for the condemnation of land by a city.
4. To make bylaws for the management and regulation of its affairs and, subject to
agreements with bondholders, for the regulation of the project.
5. To appoint officers, agents, and employees, to prescribe their qualifications, and to fix
their compensation. However, the officers, agents, and employees shall not be subject
to the civil service law.
6. To appoint an attorney, who may be the city attorney, and to fix that person's
compensation.
7. To make contracts and leases and to execute all instruments necessary or convenient.
8. To construct such buildings, structures, and facilities as may be necessary.
9. To reconstruct, improve, maintain, and operate the projects.
10. To accept grants, loans, or contributions from the United States, the state of North
Dakota, or any agency or instrumentality of either of them, or the city, or an individual,
by bequest or otherwise, and to expend the proceeds for any purposes of the
authority.
11. To fix and collect rentals, fees, and other charges for the use of the projects or any of
them, subject to and in accordance with such agreements with bondholders as may be
made as hereinafter provided.
12. To construct, operate, or maintain in the projects all facilities necessary or convenient
in connection therewith. To contract for the construction, operation, or maintenance of
any parts thereof or for services to be performed. To rent parts thereof, and grant
concessions, all on such terms and conditions as it may determine. However, the
authority, the city, or any agency of an authority or city, or any other person, firm,
corporation, or limited liability company may not, within or on any property comprising
a part of any project authorized by this chapter, sell, dispense, or otherwise handle any
product used in or for the servicing of any motor vehicle using any project or facility
authorized by this chapter and the location of sites of the projects shall be subject to
the prior approval of the governing body of the city.
13. To encourage commercial development and use of space above, below, or adjacent to
parking facilities by exercising the powers granted municipalities under subsection 5 of
section 40-60-02. However, subdivision c of subsection 5 of section 40-60-02 is not
applicable to leases entered into by the authority.