Education Code - EDC - EDC § 17180

Summary

The authority is hereby authorized to do all of the following: (a) Adopt bylaws for the regulation of its affairs and the conduct of its business. (b) Adopt an official seal. (c) Sue and be sued in its own name. (d) Receive and accept gifts, grants, or donations of money for any

Text

The authority is hereby authorized to do all of the following:
(a)
Adopt bylaws for the regulation of its affairs and the conduct of its business.
(b)
Adopt an official seal.
(c)
Sue and be sued in its own name.
(d)
Receive and accept gifts, grants, or donations of money for any of the purposes of this chapter from any of the following:
(1)
A federal agency.
(2)
A state agency.
(3)
A municipality, county, or other political subdivision of the state.
(4)
An individual, association, or corporation.
(e)
Engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this chapter.
(f)
(1)
Determine the location and character of any project to be financed or refinanced under this chapter, and acquire, construct, enlarge, remodel, renovate, alter, improve, furnish, equip, own, maintain, manage, repair, operate, lease as lessee or lessor, or regulate the same.
(2)
Designate a participating party as its agent, with authority to enter into contracts, for any of the purposes specified in
paragraph (1).
(3)
Enter into contracts for any of the purposes specified in paragraph (1).
(4)
Enter into contracts for the management and operation of a project owned by the authority.
(g)
Acquire, directly or by and through a participating party as its agent, by purchase solely from funds provided pursuant to this chapter, or by gift or devise, and sell, by installment or otherwise, property, rights, rights-of-way, franchises, easements, and other interests in lands, including, but not limited to, lands lying under water, and riparian rights, located within the state that the authority deems necessary or convenient for the acquisition, construction, financing, or operation of a project. The authority may do so upon the terms, and at the prices, it considers reasonable and upon which it can agree with the owner,
and may take the title to the interest in the name of the authority or in the name of a participating party as its agent.
(h)
Receive and accept from any source loans, contributions, or grants for, or in aid of, the construction, financing, or refinancing of all or part of a project, in the form of money, property, labor, or other things of value.
(i)
Pursuant to an agreement between the authority and the participating party, make, directly or through a lending institution, secured or unsecured loans to
a participating party, or purchase secured or unsecured loans from a participating party, or purchase all or part of any participating party’s rights to or possibilities regarding the state share of funding for school facilities approved by the State Allocation Board pursuant to Chapter 12.5 (commencing with Section 17070.10). The purchase of all or part of any rights to, or possibilities regarding, the state contribution for funding for school facilities approved by the State Allocation Board shall be limited to amounts approved and funded or amounts approved but not yet funded from proceeds of state bonds already authorized by the electors but not yet issued. Loans or purchases completed pursuant to this section may be used to finance or refinance a
project or provide working capital. A loan to finance or refinance a project shall not exceed the total cost of the project, as determined by the participating party and approved by the authority.
(j)
Upon the terms and conditions the authority deems proper, lease a project being financed or refinanced pursuant to this chapter to a participating party, and charge and collect rent therefor. The authority may terminate a lease pursuant to this subdivision upon the lessee’s failure to comply with any of its obligations under the lease. The lease may include any of the following provisions:
(1)
That the lessee shall have the option to renew the term of the lease for the period or periods, and at the rent, determined by the authority, or to purchase any or all of the project.
(2)
That upon payment by the participating
party of all of the indebtedness incurred by the authority for the financing of the project or for the refinancing of the participating party’s outstanding indebtedness, the authority may convey any or all of the project to the lessee or lessees, with or without further consideration.
(k)
Charge and equitably apportion among participating parties its administrative costs and expenses incurred pursuant to this chapter.
(
l
)
(1)
Obtain, or aid in obtaining, from any state or federal agency or any private company, any insurance, guarantee, letter, or line of credit regarding, or of, or for, the payment or repayment of all or part of the interest, principal, or both, on any loan, lease, or obligation, or any instrument evidencing or securing the same, made or entered into pursuant to this chapter, or on any bonds issued pursuant to this chapter.
(2)
Notwithstanding any other provision of this chapter, enter into any agreement, contract, or any other instrument regarding any insurance, guarantee, letter, or line of credit specified in paragraph (1), and accept payment in the manner and form provided in the agreement, contract, or instrument if a participating party defaults.
(3)
Assign any insurance, guarantee, letter, or line of credit specified in paragraph (1) as security for bonds issued by the authority.
(m)
Enter into any
agreements or contracts, including, but not limited to, agreements for liquidity or credit enhancement, execute any instruments, and any other act or thing necessary, convenient, or desirable for the purposes of the authority or to carry out any express power granted the authority pursuant to this chapter.
(n)
At the discretion of the authority, invest any moneys held in reserve or in sinking funds, or any moneys not required for immediate use or disbursement, in obligations authorized by the resolution authorizing the bonds secured by the investment, or by law governing the investment of trust funds in the custody of the Treasurer.
(o)
Adopt guidelines for grants, bonds, and other evidences of indebtedness.

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• #1 | Education Code - EDC - EDC § 17180

  The authority is hereby authorized to do all of the following: (a) Adopt bylaws for the regulation of its affairs and the conduct of its business. (b) Adopt an official seal. (c) Sue and be sued in its own name. (d) Receive and accept gifts, grants, or donations of money for any of the purposes of this chapter…

• #2

  a participating party, or purchase secured or unsecured loans from a participating party, or purchase all or part of any participating party’s rights to or possibilities regarding the state share of funding for school facilities approved by the State Allocation Board pursuant to Chapter 12.5 (commencing with Section 1…

• #3

  Notwithstanding any other provision of this chapter, enter into any agreement, contract, or any other instrument regarding any insurance, guarantee, letter, or line of credit specified in paragraph (1), and accept payment in the manner and form provided in the agreement, contract, or instrument if a participating part…