17-12-4 - Bond issue for auditoriums, etc., and "convention complex" facilities -- Required -- Board of directors -- Use of revenues from facilities -- Purpose of act -- Rights of bondholders.
17-12-4. Bond issue for auditoriums, etc., and "convention complex" facilities --Required -- Board of directors -- Use of revenues from facilities -- Purpose of act -- Rightsof bondholders.
Any county legislative body adopting proceedings authorizing the issuance of countybonds for the purpose of acquiring, improving, extending, furnishing, and equipping auditoriums,sports arenas, stadiums, convention centers, and all properties and facilities ordinarily formingpart of a so-called "convention complex," or for any part or combination of the foregoing, shall inthe proceedings authorizing such bonds:
(1) Provide for the creation of a board of directors which, so long as any of the bondsremain outstanding either in original or refunded form, shall have complete management andcontrol of the facilities acquired with the proceeds of the bonds. Such board shall have the numberof members, possessing such qualifications and selected for such terms, and shall operatepursuant to such rules and regulations as may be provided in such proceedings. The members ofsuch board shall serve without compensation except for reimbursement of expenses actuallyincurred in the performance of their duties. After the appointment and organization of any boardof directors, all vacancies thereafter occurring, whether by expiration of term or otherwise, shallbe filled by majority vote of the remaining members of the board. Subject to the provisions ofsuch proceedings, the members of the board of directors shall have the powers and dutiesordinarily enjoyed by the directors of a private corporation operating similar facilities.
(2) Provide that all revenues of every nature derived from the operation of the facilities soacquired with bond proceeds and not expended in the reasonable and proper costs of maintainingand operating the facilities, including the making of necessary repairs and replacements, bepledged to and utilized for the payment of principal of and interest on the bonds and, if soprovided, the creation of a reserve for such purpose.
This act is adopted for the purpose of eliminating or reducing so far as possible the advalorem taxes necessary to be levied for the payment of such bonds and for the purpose ofimproving the security of such bonds, and accordingly the holders of the bonds from time to timeshall have a vested and enforceable contract right in the provisions of this act and in the provisionsof the bond proceedings adopted pursuant hereto.
Amended by Chapter 227, 1993 General Session