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Section 38-A:1 – Authority Granted.

    38-A:1 Authority Granted. – Towns and cities are hereby authorized and empowered to incorporate a public authority for the purpose of acquiring, owning, and operating, or causing to be operated, a mass transportation system within such city or town. As used herein, the term "mass transportation system" means all real and personal property, of […]

Section 38-A:10 – General Powers and Duties of the Authority.

    38-A:10 General Powers and Duties of the Authority. – I. The authority may adopt a seal to be impressed upon its instruments, and may provide for the impression of such seal by printed or lithographed facsimile thereof. Any executed instrument bearing the seal of the authority shall be prima facie evidence of its execution […]

Section 38-A:11 – Bonds.

    38-A:11 Bonds. – The revenue bonds of the authority shall, upon default in any payment of interest or principal, become a debt of the city or town in which the authority operates. Neither the members of the authority nor any person executing bonds on behalf of the authority shall be personally liable thereon by […]

Section 38-A:12 – Details.

    38-A:12 Details. – Bonds of the authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon […]

Section 38-A:13 – Obligations.

    38-A:13 Obligations. – Obligations of the authority other than certificates shall be payable from general funds of the authority and shall at no time be a charge against any special fund allocated to the payment of bonds except upon payment of current annual maturities and reserves thereof. Source. 1963, 278:1, eff. Sept. 1, 1963.

Section 38-A:14 – Bonds as Legal Investments.

    38-A:14 Bonds as Legal Investments. – Notwithstanding any restrictions on investments contained in any laws of this state, the state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying […]

Section 38-A:15 – Further Powers.

    38-A:15 Further Powers. – The authority may obligate itself for the payment of bonds and other debts incurred in the furtherance of its public purposes by the state of New Hampshire, or by any county, municipality, political subdivision or public corporation. Source. 1963, 278:1, eff. Sept. 1, 1963.

Section 38-A:16 – Powers.

    38-A:16 Powers. – The authority shall determine the time, form, and manner of the issuance of its bonds and the specific provisions for, and references to such time, form, and manner heretofore and hereinafter set forth in this chapter are illustrative of its powers and are not in limitation thereof. The authority may designate […]

Section 38-A:17 – Regulation of Fares by the Authority.

    38-A:17 Regulation of Fares by the Authority. – The authority may fix rates, fares, tolls, charges, rents or other charges for the use of the system acquired, constructed, operated, or maintained by the authority and may alter, change, or modify the same, all subject to the covenants of any revenue bond indenture pursuant to […]

Section 38-A:18 – Contracts Made by the Authority.

    38-A:18 Contracts Made by the Authority. – I. The authority shall have the power to enter into contracts and agreements which it considers to be in the interests of its public purposes with any person or persons, with any public or quasi-public corporation with any state, and with the United States and any department […]

Section 38-A:19 – Public Utilities Commission.

    38-A:19 Public Utilities Commission. – The authority shall not be subject to regulation by the New Hampshire public utilities commission except that such authority may not conduct its operations beyond the city or town limits in which it is located without the approval of the public utilities commission pursuant to procedure provided by the […]

Section 38-A:2 – Articles of Incorporation.

    38-A:2 Articles of Incorporation. – The incorporation of any such authority shall be accomplished by adoption of articles of incorporation by the city council, aldermen, town council, or selectmen, in the same manner and by the same procedure as such city or town enacts ordinances, except that no such articles of incorporation shall take […]

Section 38-A:20 – Tax Exemption.

    38-A:20 Tax Exemption. – The policy of the state of New Hampshire being to foster and insure, by means of an authority created for the purpose, the development of a mass rapid transit system in aid of a municipality faced with the necessity of a publicly sponsored solution of transit needs within its limits, […]

Section 38-A:21 – Constitutional Construction and Legislative Intent.

    38-A:21 Constitutional Construction and Legislative Intent. – The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions; and notwithstanding any other evidence of legislative intent, it […]

Section 38-A:3 – Contents.

    38-A:3 Contents. – The articles of incorporation shall state the name of the authority, the purposes for which it is created, the power, duties, and limitations of the authority and its officers, the method of electing its governing body and officers, and any other matters which such city or town council, aldermen, or selectmen […]

Section 38-A:4 – Governing and Administrative Bodies of the Authority.

    38-A:4 Governing and Administrative Bodies of the Authority. – The authority shall be composed of 5 members who shall be appointed by the board of aldermen, city council, or selectmen in such town or city as follows: One member to serve for a period of 5 years, one member to serve for a period […]

Section 38-A:5 – Requirements; Compensation.

    38-A:5 Requirements; Compensation. – Each member of the authority shall be, and shall hold office only so long as he is, a resident of and registered voter in the town or city in which the authority is located. Each member of the authority shall be reimbursed for actual necessary traveling and other expenses incurred […]

Section 38-A:6 – Limitations.

    38-A:6 Limitations. – No person shall be eligible for membership who at the time of his appointment to such authority holds any remunerative public office or position or any employment for compensation (except as an independent contractor) with the United States, the state of New Hampshire, or any political subdivision of either. Source. 1963, […]

Section 38-A:7 – Officers.

    38-A:7 Officers. – The authority shall appoint a chairman, who shall be a member of the authority, and shall appoint a secretary and treasurer. The authority may also appoint a vice chairman from its members, said vice chairman to act as chairman in the absence or inability of the chairman. The secretary may be […]

Section 38-A:8 – Bond of Treasurer.

    38-A:8 Bond of Treasurer. – The treasurer shall execute a bond with corporate sureties to be approved by the authority, which bond shall be payable to the authority in whatever penal sum may be directed by the authority conditioned upon the faithful performance of the duties of the office and the payment of all […]