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Powers - 64 Pa. Cons. Stat. § 1513Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 1513. Powers.
(a) Powers.--The authority may do all of the following:
(1) Adopt bylaws and guidelines proposed by the
department as necessary.
(2) Sue and be sued, implead and be impleaded,
interplead, complain and defend in any court.
(3) Adopt, use and alter a corporate seal.
(4) Establish accounts necessary or desirable for its
corporate purposes.
(5) Employ an executive director.
(6) Retain attorneys, accountants, auditors and
financial experts to render services and engage the services
of other advisors, consultants and agents as necessary. For
the purposes of this paragraph, the authority shall be
considered an independent agency for purposes of the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(7) Pay or satisfy obligations of the authority.
(8) Contract and execute instruments, including
financing agreements, letter of credit agreements, liquidity
agreements, guarantees, sureties, mortgages, loans, standby
loan commitments and contracts of insurance, which are
necessary or appropriate for carrying on the business of the
authority. This power includes the ability to make and
execute contracts for the servicing of loans and mortgages
acquired by the authority.
(9) Borrow money, issue bonds, obtain lines and letters
of credit and incur debt.
(10) Pledge the credit of the authority and provide
security and liquidity to obligees of the authority as the
authority deems necessary or appropriate.
(11) Use or pledge an account for a special purpose,
including debt service reserves and other reserves, as may be
necessary or desirable to carry out its powers and duties.
(12) Negotiate modifications or alterations to financing
agreements, mortgages or security interests.
(13) Foreclose on a mortgage or security interest in
default.
(14) Commence any action necessary to protect or enforce
any right conferred upon the authority by law, mortgage,
security agreement, contract or other agreement.
(15) Bid for or purchase property which was the subject
of a mortgage or security interest at a foreclosure or other
sale and acquire and take possession of that property.
(16) Impose and collect fees and charges in connection
with loan commitments and servicing, including reimbursement
of costs of financing.
(17) Acquire, accept, purchase, receive, collect, hold,
convey and invest funds, fees and property, whether tangible
or intangible, from all sources, directly or by assignment,
pledge or otherwise.
(18) Sell, transfer, convey and dispose of any property,
whether tangible or intangible.
(19) Acquire and sell loans, mortgages and security
interests at public or private sale.
(20) Provide financial assistance to applicants and
project users.
(21) Agree to and comply with conditions attached to
Federal or Commonwealth assistance not inconsistent with the
provisions of this chapter.
(22) Make rules regarding the operation of properties
and facilities of the authority subject to agreements with
obligees of the authority.
(23) Develop, adopt and implement binding policies or
guidelines assuring all of the following:
(i) All persons are accorded equal opportunity in
employment and contracting associated with the programs
established under Subchapter E (relating to programs).
This paragraph includes the authority's contractors,
subcontractors, assignees, lessees, agents, vendors and
suppliers.
(ii) Contracting parties demonstrate diversity in
ownership of equity interests.
(24) Exercise rights provided by law for the benefit or
protection of the authority or obligees of the authority.
(25) Invest money of the authority not required for
immediate use, including proceeds from the sale of bonds, as
the board determines, subject to any agreement with
bondholders stated in the authorizing resolution providing
for the issuance of bonds.
(26) Procure insurance against any loss in connection
with its programs, property and other assets.
(27) Promulgate regulations and adopt guidelines and
statements of policy containing restrictions as it may deem
necessary and appropriate to effectuate the public purposes
of this chapter.
(28) Negotiate and enter into interest rate exchange
agreements, interest rate cap agreements, collar agreements,
corridor agreements, ceiling agreements, floor agreements,
forward agreements, float agreements and other similar
arrangements which, in the judgment of the authority, will
assist the authority in managing the interest costs of the
authority.
(29) Enter into agreements with applicants and project
users providing, among other things, for any of the
following:
(i) Financial assistance.
(ii) Loan, rental or purchase price payments or
other payments, sufficient to amortize the principal,
interest and premium, if any, of bonds and contractual
obligations of the authority incurred to provide funds to
pay the costs of the projects being financed.
(iii) The applicants or project users to pay or
cause to be paid all other costs of acquiring,
constructing, maintaining and operating the projects
being financed.
(iv) Conveyance with or without consideration of any
part or all of a project being financed to the project
user or applicant on or before payment of all bonds and
contractual obligations of the authority incurred with
respect to the project.
(v) Other matters as are customary or as are deemed
necessary and appropriate by the authority.
(30) Do any appropriate act necessary or convenient to:
(i) carry out and effectuate the purposes of this
chapter; or
(ii) exercise the powers set forth in this
subsection, including any act reasonably implied from
those powers.
(b) Duties.--The authority shall do all of the following:
(1) Administer the programs established in Subchapter E
in accordance with this chapter.
(2) Fund the programs established in Subchapter E and 12
Pa.C.S. Ch. 29 (relating to machinery and equipment loans)
subject to Subchapter D (relating to funds, accounts,
indebtedness and use).
Cross References. Section 1513 is referred to in sections
1504, 1512 of this title.
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Last modified: November 27, 2007 |