Formation of authority

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11-701. Formation of authority

A. The board of supervisors of a county may establish a county sports authority to include the incorporated and unincorporated areas of the county. To establish the authority the board of supervisors shall adopt a resolution stating:

1. The name of the proposed authority.

2. The boundaries of the proposed authority, which shall be coterminous with the boundaries of the county.

3. The necessity for the authority, including a statement that the public interest, convenience and necessity will be promoted by establishing the authority.

4. A general statement of the sports facilities and the services to be provided by the authority.

5. Such other matters as the board deems necessary.

B. The resolution shall set a date for a hearing on the resolution, not less than twenty-one nor more than forty days from the date of the resolution. The notice of the hearing shall contain substantially all the information contained in the resolution and shall be published once each week for at least three consecutive weeks before the hearing in a newspaper of general circulation in the county. The board shall meet at the time and place fixed for the hearing. At the hearing the board shall hear all persons who wish to appear in favor of or against establishing the authority.

C. If, after the hearing, it appears to the board that the public interest, convenience and necessity will be served by establishing the authority the board shall declare its findings and order the formation of the authority under the designated corporate name. The board shall file a certified copy of the proceedings with the county recorder.

D. A party aggrieved by the action of the board under this section may bring an action in the superior court in the county in which the authority is located to set aside the action of the board. The action must be instituted not more than thirty-five days after entry of the order forming the authority.

E. The board of supervisors may pay the necessary costs incurred in connection with the formation of the authority from any monies available for that purpose.

F. If established, the authority is a body corporate with the powers and immunities of a municipal corporation for the purposes of implementing this chapter, including exemption of its property and bonds from taxation.


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