360.045. Powers of authority.
Powers of authority.
360.045. The authority shall have the following powerstogether with all powers incidental thereto or necessary for theperformance thereof:
(1) To have perpetual succession as a body politic andcorporate;
(2) To adopt bylaws for the regulation of its affairs andthe conduct of its business;
(3) To sue and be sued and to prosecute and defend, at lawor in equity, in any court having jurisdiction of the subjectmatter and of the parties;
(4) To have and to use a corporate seal and to alter thesame at pleasure;
(5) To maintain an office at such place or places in thestate of Missouri as it may designate;
(6) To determine the location and construction of anyfacility to be financed under the provisions of sections 360.010to 360.140, and to construct, reconstruct, repair, alter,improve, extend, maintain, lease, and regulate the same; and todesignate a participating health institution or a participatingeducational institution, as the case may be, as its agent todetermine the location and construction of a facility undertakenby such participating health institution or participatingeducational institution, as the case may be, under the provisionsof sections 360.010 to 360.140, to construct, reconstruct,repair, alter, improve, extend, maintain, and regulate the same,and to enter into contracts for any and all of such purposesincluding contracts for the management and operation of thefacility;
(7) To lease to a participating health institution or aparticipating educational institution, as the case may be, theparticular health or educational facility or facilities, as thecase may be, upon such terms and conditions as the authorityshall deem proper; to charge and collect rent therefor; toterminate any such lease upon the failure of the lessee to complywith any of the obligations thereof; to include in any suchlease, if desired, provisions that the lessee thereof shall haveoptions to renew the term of the lease for such period or periodsat such rent as shall be determined by the authority or topurchase any or all of the particular leased facility orfacilities; and, upon payment of all of the indebtedness incurredby the authority for the financing of the facility or facilities,to convey any or all of such facility or facilities to the lesseeor lessees thereof. Every lease agreement between the authorityand an institution must contain a clause obligating theinstitution not to use the leased land, nor any facility locatedthereon, for sectarian instruction or study or as a place ofreligious worship, or in connection with any part of the programof a school or department of divinity of any religiousdenomination; to insure that this covenant is honored, each leaseagreement shall allow the authority to conduct inspections, andevery conveyance of title to an institution shall contain arestriction against use for any sectarian purpose;
(8) To issue its bonds, notes, or other obligations for anyof its corporate purposes and to refund the same, all as providedin sections 360.010 to 360.140;
(9) To fix and revise from time to time and make and collectrates, rents, fees, and charges for the use of and servicesfurnished or to be furnished by any facility or facilities or anyportion thereof and to contract with any person, firm, orcorporation or other body, public or private, in respect thereof;except that the authority shall have no jurisdiction over rates,rents, fees, and charges established by a participatingeducational institution for its students or established by aparticipating health institution for its patients other than torequire that such rates, rents, fees, and charges by such aninstitution be sufficient to discharge the institution'sobligations to the authority;
(10) To establish rules and regulations for review by or onbehalf of the authority of the retention or employment by aparticipating health institution or by a participatingeducational institution, as the case may be, of consultingengineers, architects, attorneys, accountants, construction andfinance experts, superintendents, managers, and such otheremployees and agents as shall be determined to be necessary inconnection with any such facility or facilities and for review byor on behalf of the authority of all reports, studies, or othermaterial prepared in connection with any bond issue of theauthority for any such facility or facilities. The costsincurred or to be incurred by a participating health institutionor by a participating educational institution in connection withthe review shall be deemed, where appropriate, an expense ofconstructing the facility or facilities or, where appropriate,shall be deemed an annual expense of operation and maintenance ofthe facility or facilities;
(11) To receive and accept from any public agency loans orgrants for or in aid of the construction of a facility orfacilities, or any portion thereof, or for equipping the same andto receive and accept grants, gifts, or other contributions fromany source;
(12) To mortgage or pledge all or any portion of anyfacility or facilities, including any other health or educationalfacility or facilities conveyed to the authority for such purposeand the site or sites thereof, whether then owned or thereafteracquired, for the benefit of the holders of the bonds of theauthority issued to finance such facility or facilities or anyportion thereof or issued to refund or refinance outstandingindebtedness of a private health institution or a privateinstitution of higher education as permitted by sections 360.010to 360.140;
(13) To make loans to any participating health institutionor participating educational institution, as the case may be, forthe cost of any facility or facilities in accordance with anagreement between the authority and such participating healthinstitution or participating educational institution, as the casemay be; except that no such loan shall exceed the total cost ofsuch facility or facilities as determined by the participatinghealth institution or participating educational institution, asthe case may be, and approved by the authority;
(14) To make loans to a participating health institution orparticipating educational institution, as the case may be, torefund outstanding obligations, mortgages, or advances issued,made, or given by the institution for the cost of its facility orfacilities, including the power to issue bonds and make loans toa participating health institution or participating educationalinstitution, as the case may be, to refinance indebtednessincurred for facilities undertaken and completed prior to orafter September 28, 1975, whenever the authority finds that thefinancing is in the public interest, alleviates a financialhardship upon the participating health institution orparticipating educational institution, as the case may be, andresults in a lesser cost of patient care or cost of education anda saving to third parties, including state or federalgovernments, and to others who must pay for the care oreducation;
(15) To inspect any and all facilities assisted by theauthority in any way to enforce the prohibition against sectarianor religious use at any time; and
(16) To do all things necessary and convenient to carry outthe purposes of sections 360.010 to 360.140.
(L. 1975 H.B. 70 § 7)