HomeMy WebLinkAboutSection 11-54-87• Se cti on 11-54 -87 8 /1 7/1 6 , 4 :57 PM
· Section 11-54-87
Awers of boards generally; location and operation of projects of boards generally; meetings of board
T directors.
(a) The industrial development board shall have the following powers together with all powers incidental
thereto or necessary for the performance of those stated in this subsection:
(1) To have succession by its corporate name for the period specified in the certificate of incorporation unless
sooner dissolved as provided in this article;
(2) To sue and be sued and to prosecute and defend civil actions in any court having jurisdiction of the
subject matter and of the parties;
(3) To have and to use a corporate seal and to alter the same at pleasure;
(4) To acquire , whether by purchase , construction, exchange, gift, lease , or otherwise and to improve,
maintain, equip , and furnish one or more projects, including all real and personal properties which the board
of directors of the board may deem necessary in connection therewith, regardless of whether or not any such
projects shall then be in existence ;
(5) To lease to others any or all of its projects and to charge and collect rent therefor and to terminate any
such lease upon the failure of the lessee to comply with any of the obligations thereof;
• To sell , exchange, donate, and convey any or all of its properties whenever its board of directors shall find
any such action to be in furtherance of the purposes for which the board was organized ;
(7) To issue its bonds for the purpose of carrying out any of its powers and to apply proceeds from the sale of
its bonds (whether heretofore or hereafter issued) not only for payment of interest thereon prior to and during
the construction and equipment of any buildings , structures , facilities, or other improvements being financed
thereby but also for payment of interest thereon during a period of not exceeding two years after completion
of any such construction and equipment;
(8) To mortgage and pledge any or all of its projects or any part or parts thereof, as security for the payment
of the principal of and the interest on any bonds so issued and any agreements made in connection therewith ,
whether then owned or thereafter acquired, and to pledge the revenues and receipts therefrom or from any
thereof; and
(9) To employ and pay compensation to such employees and agents, including attorneys, as the board of
directors shall deem necessary for the business of the board.
(b) Any project or projects of the board may be located within or without or partially within and partially
without the municipality , subject to the following conditions :
(1) No such project or part thereof shall be located more than 25 miles from the corporate limits of the
-unicipality ;
(2) No such project or part thereof shall be located within the corporate limits of another city or town in this
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• Sec t io n 11-54 -87 8/17/1 6 , 4 :57 PM
· state;
~ No such project or part thereof (other than a project or part thereof consisting principally or solely of
~lities for or useful in the control , reduction , abatement, or prevention of pollution of air or water or both)
shall be located within the police jurisdiction of another city or town in this state unless the governing body
of such other city or town has first adopted a resolution consenting to the location of such project or part
thereof in the police jurisdiction of such city or town; and
(4) No such project or part thereof shall be located in a county other than that (or those) in which the
municipality (or part thereof) is situated unless the county commission of such other county has first adopted
a resolution consenting to the location of such project or part thereof in such county. The board shall not have
power to operate any project as a business other than as a lessor.
(c) Any meeting held by the board of directors for any purpose whatsoever shall be open to the public .
(Acts 1949, No. 648 ,p . 991 , §8; Acts 1953 , No. 854,p.1144; Acts 1964, 1st Ex. Sess ., No.143,p. 206, §2; Acts 1980 ,No. 80-805,p .
1637.)
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