Section 11-20-70

Establishment of agriculture authority; application; articles of incorporation.

(a) An agriculture authority may be established in any county to construct and operate facilities to promote agricultural businesses, operations, and commodities, workforce development, and economic development within the county as further provided in this article. The operational area of an agriculture authority may not extend beyond the boundaries of the county in which an agriculture authority is incorporated.

(b) Any number of natural persons who are residents and qualified electors in the county may file an application in writing with the county commission for authority to incorporate and organize an agriculture authority. If the application is approved, the county commission shall adopt a resolution declaring it to be wise, expedient, and beneficial to the county that the agriculture authority be formed and that the persons filing the application are authorized to form the authority. An agriculture authority may not be formed under this article unless the application is approved by the county commission and the resolution required herein is adopted.

(c) Once the county commission has approved the application as provided in subsection (b), the persons seeking incorporation of an agriculture authority shall file articles of incorporation with the office of the judge of probate that do all of the following:

(1) Contain a statement that the incorporators propose to incorporate an agriculture authority pursuant to this article.

(2) State the authorized operational area of the proposed authority within the county.

(3) State that the county commission has approved the application for an agriculture authority and has adopted a resolution declaring that it is expedient that the proposed authority be formed by approving the written application.

(d) The application shall be accompanied by articles of incorporation that include all of the following:

(1) A designation of the authorized operational area of the authority which shall be considered an agriculture center, including the name of each municipality within the authorized operational area, which may not extend beyond the boundaries of the county in which the authority is incorporated.

(2) The names of the incorporators of the authority and a statement that each is qualified to incorporate the authority.

(3) The name of the authority, which must include the words Agriculture Authority or Agriculture Center Authority and be reasonably descriptive of the operational area of the authority.

(4) The period of the authority, which may be perpetual.

(5) The location of the principal office of the authority, which shall be within the boundaries of the county.

(6) A statement that the authority is organized pursuant to this article.

(7) If the exercise by the authority of any of its powers is to be in any way prohibited, limited, or conditioned, a statement of the terms of the prohibition, limitation, or condition.

(8) The number of directors, which may not exceed seven, and the duration of their respective terms of office, which may not exceed six years.

(9) The manner of appointing directors, which shall be a combination of appointment by the county commission and appointment by the legislative delegation for the authorized operational area of the authority; provided, however, a majority of the directors must be appointed by the legislative delegation.

(10) Any provision not inconsistent with this article relating to the dissolution of the authority.

(11) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this article or with state law.

(e) The articles shall be signed by each of the incorporators.

(f) Upon the filing for record of the articles with the office of the judge of probate, the authority shall come into existence and shall constitute a public corporation under the name set forth in its articles of incorporation. The acceptance of articles for recording by the judge of probate shall be conclusive evidence of the due, legal, and valid incorporation of the agriculture authority in all courts. The judge of probate shall record the articles in an appropriate book in his or her office. There shall be no filing fee or recording taxes due or payable on account of the filing for record of the articles.

(g) Notwithstanding any other provision of this article, the articles of incorporation or legal existence of an agriculture authority shall not be deemed invalid for the sole reason that the articles of incorporation of the authority fail to specify an authorized operational area, and every agriculture authority whose articles of incorporation fail to specify an authorized operational area, but are otherwise formed in accordance with this article, may do all things contemplated by this article as if the agriculture authority had designated as its authorized operational area the county of incorporation.

(Act 2017-246, §1.)