Title 36, Chapter 42, Section 5
( 36-42-5)
(a) No authority shall transact any business or exercise any powers
under this chapter until the governing body of the municipal
corporation shall, by proper resolution, declare that there is a
need for an authority to function in such municipal corporation,
thereby activating the authority. In its resolution, the governing
body shall designate as the downtown development area that
geographical area within the municipal corporation which, in the
judgment of the governing body, constitutes the central business
district and shall appoint the initial directors of the authority. (b) A copy of the governing body's resolution shall be filed with
the Secretary of State, who shall maintain a record of all
authorities activated under this chapter, and with the Department of
Community Affairs. The Department of Community Affairs may, but
shall not be required to, furnish written comments to any authority
within 30 days after the governing body's resolution is filed with
the Department of Community Affairs. Any such comments shall be
furnished by the authority to the governing body of the municipal
corporation which activated the authority. Such comments shall be
informational only and shall not affect any action taken or to be
taken by any authority or governing body, and no action of the
authority or the governing body shall be required in response to any
such comments. The requirements of this subsection relating to
filing with the Department of Community Affairs shall apply only to
authorities originally activated after July 1, 1983. |