§ 58-25-50 — Powers and duties of authority.

The authority may: (a) Purchase, lease, own, or operate or provide for the operation of transportation facilities; (b) Contract for public transportation services; (c) Plan in concert with any appropriate local planning operation for public transportation services; (d) Exercise the power of eminent domain limited to right-of-way and contiguous facility acquisition; (e) Contract with other governmental agencies, private companies, and individuals; (f) Sue and be sued, implead and be impleaded, complain, and defend in all courts; (g) Adopt, use, and alter at will a corporate seal; (h) Acquire, purchase, hold, lease as a lessee, and use any franchise or property, real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority, and sell, lease as lessor, transfer, and dispose of any property or interest therein acquired by it; (i) Fix, alter, change, and establish rates, fees, fares, and other charges for services or facilities of the authority. The rates, fees, and fares set forth in the agreement approved by the electorate may not be increased more frequently than annually. No single increase may exceed fifty percent; (j) Establish public transportation routes and approve the alteration or addition of routes based primarily on a detailed analysis or proposed use and comprehensive cost analysis; (k) Acquire and operate, or provide for the operation of, transportation systems, public or private, within the area, the acquisition of a system to be by negotiation and agreement between the authority and the operator of the system to be acquired; (l) Make contracts of every name and nature and execute all instruments necessary or convenient for the carrying on of its business; (m) Enter into management contracts with any person for the management of a public transportation system owned or controlled by the authority for a period of time, and under compensation and other terms and conditions, as may be considered advisable by the authority; (n) Contract for the services of attorneys, engineers, consultants, and agents for any purpose of the authority; (o) Borrow money and make and issue negotiable bonds, notes, or other evidences of indebtedness; (p) Accept gifts, grants, or loans of money or other property from and enter into contracts, leases, or other transactions with and accept funds from federal, state, or local governments, public or semipublic agencies or private individuals or corporations and expend the funds and carry out cooperative undertakings and contracts; (q) Do all acts necessary for the provision of public transportation services; (r) To provide transportation services for residents of the service area to destinations outside the service area; (s) Promulgate regulations to carry out the provisions of this chapter. The authority or other authorized regional transportation organization, in conjunction with all other organizations providing public transportation in the service area, shall prepare and produce a plan to coordinate public transportation services provided by each entity utilizing state funds or funds administered by the State to ensure that resources are being used in the most efficient and cost-effective manner. The coordinated transportation plan must maintain the provision, type, and level of assistance to individuals at least equal in quality to that provided by the human service transportation providers in the service area. The failure of an entity providing these services to comply with the coordinated plan must be reported by the authority or the service provider to the appropriate state agencies or funding authorities which administer, contract, grant, approve, or appropriate funds for services. Transportation resources presently owned by or under contractual agreement of the service provider must remain under the authority of the service provider.

Legislative History

HISTORY: 1962 Code SECTION 59-125; 1973 (58) 726; 1983 Act No. 151 Part II SECTION 49, eff June 20, 1983; 1985 Act No. 169, SECTION 2, eff July 1, 1985; 1992 Act No. 449, Part V, SECTION 13, eff July 1, 1992. Editor's Note Section 4 of 1985 Act No. 169, as amended by 1986 Act No. 508, SECTION 3, eff June 13, 1986, provides as follows: "Any transportation authority formed under Chapter 25 of Title 58 of the 1976 Code prior to July 1, 1985, may continue to operate in accordance with the terms and conditions of that law. However, as the terms of appointees to the governing board expire, appointments and composition must be in accordance with the provisions of Section 58-25-40. If the authority desires to operate under the full terms and conditions of Chapter 25 of Title 58 with the exception of the exercise of taxing power, it shall comply with all procedures set forth in that chapter, except those in Sections 58-25-30, 58-25-60, 58-25-70, and 58-25-100. The authority shall keep books of account, which must be independently audited at least once in each calendar year. A copy of the audit report must be provided to the member municipalities and counties. The authority shall make an annual report of its activities to the member municipalities and counties. If the authority desires to operate under the full terms and conditions of that chapter, including the exercise of taxing power, it shall comply with all procedures set forth in that chapter."