41-12-107 - Entities wishing to become or withdraw as members of authority Requirements.

41-12-107. Entities wishing to become or withdraw as members of authority Requirements.

(a)  (1)  Subject to subsection (b), any local governmental entity may become a member of an authority after its creation subject to following the requirements for a public hearing and notice in accordance with § 41-12-105.

     (2)  Any governmental entity that is a member of an existing authority may withdraw from that authority, but no governmental entity shall be permitted to withdraw from any authority after any obligation has been incurred by the authority except by unanimous vote of all members of the authority, and after providing for an appropriate manner to hold the authority harmless concerning the governmental entity's share of any existing indebtedness incurred by the authority during the governmental entity's inclusion in the authority. The governing body of any governmental entity wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance, as appropriate.

(b)  The governing body of any governmental entity wishing to become a member of an existing authority and the governing bodies of the governmental entities then members of the authority shall by concurrent resolutions or ordinances or by agreement provide for the joinder of the governmental entity, identifying the name, address and term of office of initial appointments to the expanded membership in accordance with § 41-12-106. The requirements of § 41-12-105 likewise apply to any action of the governing body.

[Acts 2008, ch. 1092, § 8.]