2.88.050 Limitation of powers.
The Commission in all activities and transactions shall be limited in the following respects:
A. The Commission shall have no power of eminent domain nor any power to levy taxes or special assessments.
B. The Commission may not incur or create any liability that permits recourse by any party or member of the public to any assets, services, resources or credit of the City. All liabilities incurred by the Commission shall be satisfied exclusively from the assets and credit of the Commission; no creditor or other person shall have any recourse to the assets, credit or services of the City on account of any debts, obligations, liabilities, acts or omissions of the Commission.
C. No funds, assets or property of the Commission shall be used for any partisan political activity or to further the election or defeat of any candidate for public office; nor shall any funds or a substantial part of the activities of the Commission be used for publicity or educational purposes designed to support or defeat legislation pending before the Congress of the United States, or the legislature of the state or the City Council; provided, however, that funds may be used for representatives of the Commission to communicate with members of Congress, state legislature or City Council members concerning funding and other matters directly affecting the Commission, so long as such activities do not constitute a substantial part of the Commission’s activities and unless such activities are specifically limited in its Charter.
D. All funds, assets or credit of the Commission shall be applied toward or expended upon services, projects and activities authorized by the Charter. No part of the net earnings of the Commission shall inure to the benefit of, or be distributable as such, to the board members, officers of the Commission or other private persons, except that the Commission is authorized and empowered to:
1. Compensate Commission officials and others performing services for the Commission, including legal counsel, a reasonable amount for services rendered and reimburse reasonable expenses actually incurred in performing their duties;
2. Assist Commission officials as members of a general class of persons to be assisted by a Commission-approved project or activity to the same extent as other members of the class as long as no special privileges or treatment accrues to such corporate official by reason of his or her status or position in the Commission;
3. Purchase insurance to protect and hold personally harmless any of its officials (including its employees and agents) from any action, claim, or proceeding instituted against the foregoing individuals arising out of the performance, in good faith, of duties for, or employment with, the Commission and to hold these individuals harmless from any expenses connected with the defense, settlement or monetary judgments from such actions, claims or proceedings. The purchase of such insurance and its policy limits shall be discretionary with the board, and such insurance shall not be considered to be compensation to the insured individuals. The powers conferred by this subsection shall not be exclusive of any other powers conferred by law to purchase liability insurance; and
4. Sell assets for a consideration greater than their reasonable market value or acquisition costs, charge more for services than the expense of providing them, or otherwise secure an increment in a transaction, or carry out any other transaction or activity, as long as such gain is not the principal object or purpose of the Commission’s transactions or activities and is applied to or expended upon services, projects and activities as aforesaid.
E. The Commission shall not issue shares of stock, pay dividends, make private distribution of assets, make loans to its board members or employees or otherwise engage in business for private gain.