Section 11-20-72

Amending articles of authority.

(a) The articles of an agriculture authority may at any time be amended in the manner provided in this section. The board of directors shall first adopt a resolution proposing an amendment to the articles, setting forth the full text of the amended language. An amendment may be made for the sole purpose of altering, in accordance with this article, the authorized operational area of the authority, provided the articles may not be amended to extend the operational area of the authority beyond the boundaries of the county in which the authority is incorporated.

(b) After the adoption by the board of directors of an agriculture authority of a resolution proposing an amendment to the articles, the chair and the secretary shall sign and file with the county commission of the appropriate county a written application in the name and on behalf of the authority, under its seal, requesting that the county commission adopt a resolution approving the proposed amendment, and accompanied by a copy of the resolution adopted by the board of directors proposing the amendment to the articles. As promptly as may be practicable after the filing of the application, the county commission shall review the application and shall adopt a resolution either denying the application or approving and authorizing the proposed amendment. A proposed amendment shall not take effect unless approved by the county commission. The resolution need not be published or posted and need not be offered for more than one reading.

(c) Following the adoption of a resolution approving the proposed amendment by the county commission, the chair and the secretary shall sign and file for record in the office of the judge of probate a certificate in the name and on behalf of the authority, under its seal, reciting the adoption of resolutions by the board and by the county commission and setting forth the proposed amendment. The judge of probate shall record the certificate in an appropriate book in his or her office. When the certificate has been so filed and recorded, the amendment shall become effective, and the articles shall be amended as provided in the amendment.

(Act 2017-246, §3.)