HARRY HUGHES, Governor

1829

(2)  ADOPT BYLAWS TO REGULATE THE AFFAIRS OF THE
AUTHORITY AND CONDUCT THE BUSINESS OF THE AUTHORITY;

(3)  HAVE, USE, ALTER, OR ABANDON A CORPORATE SEAL;

(4)  SUE, BE SUED, COMPLAIN, AND DEFEND IN ALL COURTS;

(5)  MAINTAIN AN OFFICE AT ANY PLACE THAT THE
AUTHORITY DETERMINES; AND

(6)  MANAGE THE PROPERTIES AND BUSINESS OF THE
AUTHORITY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former HE §
9-906(b)(2), (3), (4), and (6) and the first clause of
the second sentence of § 9-905(2)(iii).

In item (3) of this section, the words "use" and
"abandon" are added to conform to the general powers
of a State corporation in CA § 2-103(3).

Also- in item (3) of this section, "corporate seal" is
substituted for the former reference to "official
seal", for clarity.

In item (4) of this section, the reference to
"complain, and defend in all courts" is new language
added to conform to the general powers of a State
corporation in CA § 2-103(3).

The second clause of the second sentence of former HE
§ 9-905(2)(iii) -- which provided the power to
prescribe, amend, and repeal certain bylaws, rules,
and regulations -- is deleted as unnecessary in light
of item (2) of this section.

9-918. DUPLICATION OF POWERS AND COMPETITION WITH EXISTING
UTILITIES OR AUTHORITIES; SPECIFICATION OF PROJECTS AND POWERS;
CREATION OF ADDITIONAL AUTHORITIES.

(A)  DUPLICATION OF OR COMPETITION WITH EXISTING UTILITIES.

AN AUTHORITY MAY NOT USE ANY OF ITS POWERS UNDER THIS
SUBTITLE TO CONSTRUCT, IMPROVE, MAINTAIN, OR OPERATE A PROJECT
THAT IN ANY WAY DUPLICATES OR COMPETES WITH AN EXISTING PUBLIC OR
PRIVATE UTILITY THAT SERVES SUBSTANTIALLY THE SAME PURPOSES.

(B)  SPECIFICATION OF PROJECTS AND POWERS.

(1) BY LAW, THE GOVERNING BODIES OF THE MEMBER
POLITICAL SUBDIVISIONS MAY LIMIT THE PROJECTS THAT THE AUTHORITY
MAY BEGIN. IF A LIMITATION IS MADE, THE AUTHORITY MAY NOT BEGIN
A PROJECT THAT IS NOT AUTHORIZED.