Other supplemental powers.

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(1) The district also has the following powers:

  1. To enter upon any land to make surveys, borings, soundings, and examinations forthe purpose of the district, and to locate the necessary works of any project and any roadways and other rights-of-way pertaining to any project authorized in this article; to acquire all property necessary or convenient for the acquisition, improvement, or equipment of such works, including works constructed and being constructed by private owners, and all necessary appurtenances; and also, where necessary or convenient to such end, and for such purposes and uses, to acquire and hold the stock of corporations, domestic or foreign, owning facilities, franchises, concessions, or rights pertaining to facilities or any project of the district;

  2. To acquire property by agreement, condemnation, or otherwise, and if any street,road, highway, railroad, canal, ditch, or other property subject or devoted to public use becomes subject to interference by reason of the construction or proposed construction of any works of the district, the right to interfere with such property, whether it be publicly or privately owned; but:

  1. If such right is acquired by condemnation proceedings, and if the court finds thatpublic necessity or convenience requires, the judgment may direct the district to relocate such street, road, highway, railroad, canal, ditch, or other property in accordance with the plans prescribed by the court;

  2. If, by such judgment or agreement, the district is required to relocate any such street,road, highway, railroad, canal, ditch, or other property subject or devoted to public use, the board has the power to acquire in the name of the district, by agreement or condemnation, all rights-ofway and other property necessary or proper for compliance with the agreement or judgment of condemnation, and thereafter to make such conveyance of such relocated street, road, highway, railroad, canal, ditch, or other property as may be proper to comply with the agreement or judgment;

  1. To carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to the facilities and any project, both within and without the district;

  2. To make and keep records in connection with the facilities and any project or otherwise concerning the district;

  3. To arbitrate any differences arising in connection with the facilities and any projector otherwise concerning the district;

  4. To have the management, control, and supervision of all business and affairs pertaining to the facilities and any project authorized in this article, or otherwise concerning the district, and of the acquisition, improvement, equipment, operation, maintenance, and disposal of any property pertaining to the facilities or any such project;

  5. To enter into contracts of indemnity and guaranty, in such form as may be approvedby the board, relating to or connected with the performance of any contract or agreement which the district is empowered to enter into under the provisions of this article or of any other law of the state;

  6. To obtain financial statements, appraisals, economic feasibility reports, and valuations of any type pertaining to the facilities or any project or any property relating thereto;

  7. To adopt any resolution authorizing a project or the issuance of district securities, orboth, or otherwise pertaining thereto, or otherwise concerning the district;

  8. To make and execute an indenture or other trust instrument pertaining to any districtsecurities authorized in this article, except as otherwise provided in section 32-11-502 and elsewhere in this article;

  9. To make all contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this article, or in the performance of the district's covenants or duties, or in order to secure the payment of district securities;

  10. To have and exercise all rights and powers necessary or incidental to or implied fromthe specific powers granted in this article, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article;

  11. To exercise all or any part or combination of the powers granted in this article.

Source: L. 69: p. 755, § 25. C.R.S. 1963: § 89-21-25.


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