Title 36, Chapter 63, Section 5
( 36-63-5)
(a) There is created in and for each county and municipal
corporation in this state a public body corporate and politic, to be
known as the "resource recovery development authority" of such
county or municipal corporation. No authority shall transact any
business or exercise any powers under this chapter until the
governing body of the county or municipal corporation, by proper
ordinance or resolution, declares that there is a need for an
authority to function in the county or municipal corporation. (b) Any number of counties and municipal corporations, whether or
not located in the same county or within a county participating in
the formation of a joint authority, may jointly form an authority,
to be known as the "joint resource recovery development authority"
for such counties and municipal corporations. No authority shall
transact any business or exercise any powers under this chapter
until the governing authorities of the units of local government
involved declare, by ordinance or resolution, that there is a need
for an authority to function and until the governing authorities
authorize the chief elected official of the unit of local government
to enter into an agreement with the other units of local government
for the activation of an authority and such agreement is executed. (c) A copy of such ordinances, resolutions, and agreements shall be
filed with the Secretary of State, who shall maintain a record of
all authorities activated under this chapter. |