49-17A-1. Definition of terms. Terms used in this chapter, unless the context plainly otherwise requires, mean: (1)”Bonds,” any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this chapter; (2)”Governing body,” the official or officials authorized by law to exercise ordinance making or other lawmaking powers of a political subdivision; […]
49-17A-10. Reimbursement of commissioners’ expenses. A commissioner shall receive no compensation for his services but shall be reimbursed for the necessary expenses incurred in the discharge of his duties. Source: SL 1978, ch 344, §10.
49-17A-11. Addition of subdivision to authority. A regional authority may be increased to serve an additional subdivision upon approval by resolution of the additional subdivision pursuant to this chapter and approval of the commissioners. Source: SL 1978, ch 344, §11; SL 1981, ch 333, §2.
49-17A-12. Withdrawal of subdivision from authority–Disposition of assets and liabilities. A regional authority may be decreased if the commissioners of the regional authority consent to the decrease. In such event, the commissioners shall provide for the retention and make provisions for the retention or disposition of its assets and liabilities. However, if the regional authority […]
49-17A-13. Filing of resolution increasing or decreasing authority–Amended certificate of incorporation. If a regional authority is increased or decreased pursuant to §49-17A-11 or 49-17A-12, it shall forward to the secretary of state a certified copy of each resolution adopted pursuant thereto. Upon receipt thereof, the secretary of state shall issue an amended certificate of incorporation. […]
49-17A-14. Powers of political subdivisions in aid of regional authority. Any subdivision for which an authority has been created may: (1)Lend or donate money to the authority; (2)Provide that all or a portion of the taxes or funds available to the subdivision for railroad purposes, be transferred or paid directly to the authority; (3)Cause water, […]
49-17A-15. Corporate powers of authority. A regional authority may: (1)Sue and be sued, have a seal, and have perpetual succession; (2)Execute such contracts, other instruments, and take such action as may be necessary to carry out the purposes of this chapter. Every authority may exercise such powers as are necessary or incidental to carry out […]
49-17A-16. Planning, acquisition and operation of railroads and facilities–Acquisition of property. A regional authority may plan, establish, acquire, develop, construct, purchase, enlarge, improve, maintain, equip, operate, regulate, and protect its railroads, and railroad facilities used or useful in the operation of the railroad. For such purposes an authority may acquire by purchase, gift, devise, lease, […]
49-17A-17. Use of public waters by authority–Buildings, roadways and bridges. A regional authority may establish or acquire and maintain railroads over any public waters of this state and any submerged lands under such public waters. It may construct and maintain terminal buildings, causeways, roadways, and bridges for approaches to or connecting with any such railroads. […]
49-17A-18. Power of eminent domain–Restrictions on acquisition of public or railroad property. An authority may acquire all real or personal property that it deems necessary for carrying out the purposes of this chapter, whether in fee simple absolute or lesser interest, by condemnation and the exercise of the power of eminent domain in accordance with […]
49-17A-19. Public purpose and necessity for acquisitions. All land and other property and privileges acquired and used by or on behalf of any authority are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity. Source: SL 1978, ch 344, §37.
49-17A-2. Creation of authority by agreement of subdivisions. Two or more subdivisions may form a regional railroad authority by execution of an agreement authorized by resolution of the governing body of each subdivision. Source: SL 1978, ch 344, §2.
49-17A-20. Exemption from taxation of property and income of authority. Any property acquired by an authority and any income derived by the authority shall be exempt from taxation. Source: SL 1978, ch 344, §38.
49-17A-21. Annual certification of tax levy for authority–Levy of tax–Collection. An authority may certify annually to the governing bodies the amount of tax to be levied by said governing bodies for railroad purposes. Each subdivision shall levy the amount certified, pursuant to provisions of law authorizing municipalities and other political subdivisions of this state to […]
49-17A-21.1. Zones of benefit–Tax levy applied to. The authority may, in connection with the certification of an annual tax levy pursuant to §49-17A-21, designate various zones of benefit or geographical portions of the member subdivisions which, in the judgment of the authority, will be or have been benefited by projects. The authority may then certify […]
49-17A-22. Maximum tax levy–County levy not applied in subdivision making levy. In subdivisions which are parties to an agreement creating a regional railroad authority, a levy, in addition to all other levies authorized by law, not to exceed two dollars and forty cents per thousand dollars of taxable valuation of property in such subdivisions, may […]
49-17A-23. Deposit of tax proceeds–Expenditure. The proceeds of taxes for support of a railroad authority shall be deposited in such account or accounts in which other revenues of the authority are deposited and may be expended by the authority as provided in this chapter. Source: SL 1978, ch 344, §21.
49-17A-24. Covenant to levy taxes until bonds paid. Prior to the issuance of bonds, the authority may by resolution covenant and agree that the total amount of such taxes authorized or any portion thereof will be certified, levied, and deposited annually as herein provided, until the bonds and interest thereon are fully paid. Source: SL […]
49-17A-25. Acceptance and expenditure of federal and other grants and loans. An authority may accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of this chapter. Source: SL […]
49-17A-26. Designation of railroad division as agent of authority–Funds held in separate account–Vouchers and warrants. An authority may designate the secretary of transportation as its agent to accept, receive, receipt for, and disburse federal and state moneys, and other moneys, public or private, made available by grant or loan or both, to accomplish in whole […]
