Section 3010. Creation; purposes and general powers of a municipal assistance corporation  


Latest version.
  • A municipal assistance corporation shall be  created  by  a  special  law  of the legislature. The purposes of a municipal assistance
      corporation shall be to assist a  municipality  attempting  to  provide,
      without  interruption,  services  essential  to  its  inhabitants  while
      meeting its obligation to the holders  of  its  outstanding  securities.
      Such assistance shall be provided through the issuance and sale of bonds
      and  notes  and  paying  or lending funds received from such sale to the
      municipality, or through the exchange of its obligations for obligations
      of the municipality. To carry out the aforesaid  purposes,  a  municipal
      assistance   corporation   shall   have,   in  addition  to  any  powers
      specifically  granted  in  the  special  act  creating  such   municipal
      assistance  corporation,  the  following powers: (1) to sue and be sued,
      (2) to have a seal and alter the same at pleasure; (3) to make and alter
      by-laws for its organization and internal  management  and,  subject  to
      agreements   with   noteholders   or  bondholders,  to  make  rules  and
      regulations governing the use of its property  and  facilities;  (4)  to
      make  and execute contracts, leases, subleases and all other instruments
      or agreements necessary or convenient for the exercise of its powers and
      functions under this title; (5) to purchase real  or  personal  property
      necessary  and  convenient  for  its  corporate purposes; to execute and
      deliver deeds for real property held in its own name;  and  to  sell  or
      otherwise  dispose  of  such  real  or  personal  property  that, in the
      judgment of the municipal assistance corporation, is no longer necessary
      for  its  corporate  purposes;  (6)  to  appoint  officers,  agents  and
      employees,  prescribe  their  duties  and  qualifications  and fix their
      compensation; (7) to commence any action to protect or enforce any right
      conferred upon it by any law, contract or other agreement;  (8)  subject
      to  other  provisions  of  law,  to  lend  or  otherwise transfer to the
      municipality for which the municipal assistance corporation was  created
      such sums of money as are not required for other purposes; (9) to borrow
      money and to issue notes or bonds and to fund or refund the same, and to
      provide  for  the rights of the holders of its obligations; (10) subject
      to the provisions of any contract with  noteholders  or  bondholders  to
      invest  any  funds  held  in  funds  or  accounts  (except  as hereafter
      provided), or any funds not required for immediate use or  disbursement,
      at   the   discretion   of  the  municipal  assistance  corporation,  in
      obligations of the municipality being assisted  or  obligations  of  the
      state  or  federal government, obligations the principal of and interest
      on which are guaranteed by  such  municipality,  the  state  or  federal
      government,  or  obligations of agencies of such municipality, the state
      or federal government which may, from time to time, be legally purchased
      by savings banks of the state as investments of funds belonging to  them
      or  in  their control and which have been approved by the comptroller or
      in a secured time deposit or other interest-bearing accounts secured  by
      such  obligations;  provided,  however,  that no funds held in a capital
      reserve fund may be invested in obligations  of  or  guaranteed  by  the
      municipality  being  assisted or of any of its agencies; (11) subject to
      the provisions of any  contract  with  noteholders  or  bondholders,  to
      purchase  notes  or  bonds of the corporation; (12) to procure insurance
      against any loss in such amounts and from  such  insurers  as  it  deems
      desirable;  (13)  to  engage  the  services of consultants on a contract
      basis for rendering professional and technical  assistance  and  advice;
      (14)  subject  to the approval of the director of the budget to contract
      for and to accept any gifts or grants or loans of funds or  property  or
      financial  or  other  aid in any form from the federal government or any
      agency or instrumentality thereof, or  from  any  other  source  and  to
      comply  with  the terms and conditions thereof; (15) as security for the
    
      payment of the principal of and interest on any bonds or notes so issued
      and any agreements made in connection therewith to pledge all or part of
      its property or revenues; (16) to  require  any  municipality  to  which
      assistance  is  provided  under this article or any authority, agency or
      other body established by or on behalf  of  such  municipality  to  make
      available  all books and records, and to furnish copies of all financial
      statements, budgets, forecasts, projections and related  information  as
      may  be  requested;  (17)  to  pay  the expenses of the operation of the
      corporation, including but not limited to the repayment to the state  of
      any   advance  to  the  corporation  under  any  agreement  between  the
      corporation and the director of the budget out of any revenues available
      to the corporation and not otherwise pledged except the proceeds of  its
      notes  and  bonds;  and  (18)  in  connection  with any agreement by the
      federal government or any agency or instrumentality thereof to guarantee
      the payment of the principal of  or  the  interest  on  the  obligations
      issued   by   the   municipality  for  which  the  municipal  assistance
      corporation was created, to enter into one or more agreements  with  the
      federal  government  or any agency or instrumentality thereof in respect
      of such guarantee  containing  terms  and  conditions  required  by  the
      secretary  of  the  treasury pursuant to the federal act authorizing the
      issuance  of  such  guarantees  and  to  comply  with  such  terms   and
      conditions,  including,  without  limitation,  a  requirement  that  the
      corporation make deposits or cause monies to be deposited in a  fund  or
      funds   established  in  connection  with  the  issuance  of  guaranteed
      obligations or funds pursuant  to  the  terms  and  conditions  of  such
      guarantee;  and (19) to do any and all things necessary or convenient to
      carry out its purposes and  exercise  the  powers  expressly  given  and
      granted  in  this  article or in the special act creating such municipal
      assistance corporation.