Powers of Authority

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  • The purposes of the Authority shall be to establish, acquire, construct, develop and improve, own, operate and manage any and all types of air and marine terminals; to control the harbors of the Virgin Islands other than controlling the mooring and anchoring of vessels as defined in Title 25, chapter 16, Virgin Islands Code; and to make available the benefits thereof in the widest economic manner, thereby promoting the general welfare and increasing commerce and prosperity. The Authority is granted and shall have and may exercise all rights and powers necessary or convenient for carrying out the aforesaid purposes, including but without limiting the generality of the foregoing, the following:
    • (1) to have perpetual existence as a corporation;

    • (2) to adopt, alter, and use a corporate seal which shall be judicially noticed;

    • (3) to make, and from time to time modify, and repeal, bylaws, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority;

    • (4) to sue and be sued in its corporate name;

    • (5) to make contracts and to execute all instruments necessary or convenient in the exercise of any of its powers;

    • (6) to acquire by any lawful means (except by exercise of the power of eminent domain), own, hold, develop, improve, redevelop, enlarge, extend, repair, maintain, use and operate any property or interest therein; and to sell, lease, exchange, transfer, assign, mortgage, pledge, grant or otherwise dispose of, or encumber, such property or any interest therein. In no case shall the Authority have the power to sell, assign, mortgage, pledge, grant or otherwise dispose of or encumber any real property, franchise, concession, privilege or right of any interest therein without the approval of the Legislature (or the Committee of the Finance of the Legislature when the Legislature is not in Session), and the Governor;

    • (7) to acquire through condemnation real property and any other property or rights necessary for carrying out the purposes of the Authority when the approval of the Governor and the Legislature has been obtained prior to bringing any action for condemnation;

    • (8) to borrow money, make and issue bonds of the Authority for any of its corporate purposes, and to give security therefor as provided for in subchapter III of this chapter;

    • (9) to make and issue bonds for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued or assumed by it;

    • (10) to accept grants or loans from, and enter into contracts, leases, agreements, or other transactions with, any Federal agency, the Government of the Virgin Islands, or political subdivisions thereof, and to expend the proceeds of any such grants or loans for any of its corporate purposes;

    • (11) to invest or at its discretion contract with the Virgin Islands Public Finance Authority to invest funds pursuant to section 919 THIRD (E) funds in United States obligations or other securities approved for investment for the Government of the Virgin Islands;

    • (12) to determine, fix, alter, charge, and collect reasonable rates, fees, rentals, ship's dues and other charges for the use of the facilities of the Authority, or other services or commodities rendered or furnished by it, which shall be at least sufficient, together with all other available moneys, revenues, income, appropriations, and receipts of the Authority from all sources, for the payment of the expenses of the Authority incurred in the conservation, development, improvement, extension, repair, maintenance, use and operation of its facilities and properties, for the payment of the principal of and the interest on its bonds and for fulfilling the terms and provisions of such covenants as may be made with, or for the benefit of, the purchasers or holders of any bonds of the Authority; provided, that in fixing rates, fees, rentals, and ship's dues, and other charges, the Authority shall have in view the encouragement of the widest economically possible diversified use of its facilities consistent with sound fiscal management; and in this connection it is the intention of the Legislature that in fixing such rates, fees, rentals and other charges the Authority shall take into account the respective expenses, as hereinbefore enumerated in this subparagraph, for the operations of its facilities; provided, further, that initially, the rates, fees, rentals, ship's dues, and other charges for the use of the facilities transferred hereunder existing and in force and effect on the effective date of this chapter shall continue in force and effect and that, thereafter, before changes in the general rate structure for the use of its facilities are made, or, in cases where the Board shall decide to make such changes and deems the immediate effectiveness thereof to be necessary, then within a reasonable time after such changes are made, a public hearing shall be held with respect thereto before the Board or before such hearing officer or officers as the Board may designate to give interested persons an opportunity to advise the Board of their views and of evidence in support thereof, and upon such hearing the Board, pursuant to the powers, duties, and obligations vested in it by this chapter, may alter, suspend, or revoke such changes;

    • (13) to have complete control and supervision of facilities and properties constructed or acquired by it, including police powers conferred upon the Port Authority Enforcement Officers the authority to arrest persons, issue and enforce in the District or Superior Courts of the Virgin Islands citations and warrants for violations of orders, rules and regulations and the laws of the Government of the United States and the Government of the Virgin Islands, payable to the violations clerk of the Superior Court of the Virgin Islands; and the power to determine the character of, and necessity for, all expenditures and the manner in which they shall be incurred, allowed and paid, and such determination shall be final and conclusive for all purposes;

    • (14) to prepare, or cause to be prepared, plans, designs, specifications and estimates of costs for the acquisition, construction, reconstruction, extension, improvement, enlargement or repair of any facility, and from time to time to modify such plans, designs, specifications and estimates;

    • (15) to acquire in accordance with subsection (6) of this section, produce, impound, develop, treat, hold, use, transmit, distribute, supply, exchange, sell, rent and otherwise dispose of equipment, and/or such other things, supplies and services as the Authority shall deem necessary, proper, incidental, or desirable in connection with its activities under this chapter;

    • (16) to construct or reconstruct any facility, and any additions, improvements and extensions thereto, by contract or contracts and/or under, through, or by means of its officers, agents, and employees;

    • (17) to do all acts or things necessary or desirable to carry out the powers granted to it by this chapter or by any other Act of the Legislature of the United States Virgin Islands;

    • (18) to participate in the programs of any Federal agencies in the fields of its authorized activities and, consistent with this chapter, to do any and all things necessary to secure participation in such programs and the cooperation of such agencies in achieving the policies and purposes of this chapter.


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