64-6-110 - Alternative method of establishing and governing an authority.
64-6-110. Alternative method of establishing and governing an authority.
(a) This section creates an alternative method of establishing and governing an authority instead of §§ 64-6-104 and 64-6-105(a).
(b) (1) If the commissioner of economic and community development finds and determines that it is wise, expedient, necessary or advisable that the authority be formed and approves the form of certificate of incorporation proposed to be used in organizing the authority, then the commissioner shall act as incorporator or designate a person as incorporator to execute, acknowledge and file a certificate of incorporation for the authority, which certificate shall set forth:
(A) The name of the authority;
(B) The number of voting directors;
(C) The name and residence of the incorporator;
(D) The location of the principal office of the corporation;
(E) The purpose for which the authority is created;
(F) The period, if any, for the duration of the authority; and
(G) Any other matter deemed appropriate and consistent with this chapter and the laws of this state.
(2) When executed and acknowledged by the incorporator, the certificate shall be filed with the secretary of state and may be subsequently amended or the authority dissolved, all consistent with title 7, chapter 53. Within thirty (30) days of filing the certificate with the secretary of state, the incorporator shall adopt temporary bylaws.
(c) The authority formed pursuant to this section shall be governed by a board of directors in which all powers of the corporation shall be vested. The membership of the board shall include the following:
(1) The county mayor or a designee of the county mayor of the county in which the megasite is located or, if it is located in more than one (1) county, the county in which the megasite is predominately located;
(2) The mayor or the designee of the mayor in the incorporated municipality with the largest population in a county in which the megasite is located or, if it is located in more than one (1) county, the county in which the megasite is predominately located;
(3) The two (2) speakers of the respective houses acting jointly after consultation with the members whose districts lie within the participating counties shall appoint two (2) members;
(4) The governor shall appoint two (2) members; and
(5) The chancellor of the board of regents shall appoint one (1) member from the presidents of the community colleges that have a campus within a county in which the megasite is wholly or partially located or within a county contiguous thereto.
(d) For purposes of authorities established and governed under this section, participating municipality means each incorporated municipality or county in which the megasite is wholly or partially located.
[Acts 2009, ch. 158, § 15.]