§ 2-279. Rights and powers of the authority.  


Latest version.
  • (a)

    The board of the authority has all of the rights and powers of a public body, politic and corporate of the state, including, without limitation, all of the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it may consider advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the following rights and powers:

    (1)

    To have perpetual succession;

    (2)

    To sue and be sued;

    (3)

    To adopt, use, and alter a seal;

    (4)

    To make and amend bylaws for regulation of its affairs consistent with the provisions of S.C. Code 1976, § 4-37-10 et seq.;

    (5)

    To acquire by gift, deed or easement, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness, or other obligations of the authority;

    (6)

    To borrow money, make and issue notes, bonds, and other evidences of indebtedness; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust, on any of its property, contracts, franchises or revenues;

    (7)

    To make contracts, including service contracts, with a person, corporation, or partnership including, without limitation, the state department of transportation, to provide the facilities and services provided herein; and

    (8)

    To execute all instruments necessary or convenient for the carrying out of business.

    (b)

    The board of the authority, however, is not authorized to exercise the powers of eminent domain. It may, however, recommend to county council that property be acquired through eminent domain. The county council must determine if the property is to be acquired through eminent domain and, if so, to commence any eminent domain proceedings.

    (c)

    In carrying out its rights, powers, duties and responsibilities, the members of the authority shall be entitled to be reimbursed an amount equal to the standard business mileage rate as established by the Internal Revenue Service for the use of a member's private vehicle while conducting the business of the authority.

(Ord. No. 2005-03, § 5, 1-10-2005; Ord. No. 09-07, 5-18-2009)