§ 1270. Board, district powers.  


Latest version.
  • (a)

    The district and its board created pursuant to this act [division] shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act [division], including, without limiting the generality of the foregoing, the power:

    (1)

    To bring and defend actions;

    (2)

    To adopt and amend a corporate seal;

    (3)

    To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multi-jurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district;

    (4)

    To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district;

    (5)

    To finance by loan, grant, lease, or otherwise, construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use;

    (6)

    To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing;

    (7)

    To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes;

    (8)

    To make application directly or indirectly to any federal, state, county or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;

    (9)

    To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district;

    (10)

    To contract for any period, not exceeding fifty (50) years, with the State of Georgia, state institutions, or a municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake;

    (11)

    To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant to this act [division];

    (12)

    To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;

    (13)

    To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof;

    (14)

    To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;

    (15)

    To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with DeKalb County and the City of Dunwoody.

    (16)

    To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws;

    (17)

    To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and

    (18)

    To do all things necessary or convenient to carry out the powers conferred by this act [division].

    (b)

    The powers enumerated in each paragraph of this section are cumulative of and in addition to those powers enumerated in the other provisions of this act [division]; and no such power limits or restricts any other power of the board.

    (c)

    The board shall provide for and cause to be made an annual audit of the financial books, records, and accounts of the board. The audit shall be performed by one (1) or more independent certified public accountants licensed to practice as such in this state, shall be conducted in accordance with generally accepted auditing standards, and shall be paid for by the board. The results of such audit shall be a public record and open to public inspection.

(Acts 1998, p. 4228, § 10; Acts 2009, p. 3549, § 7)