§ 11-25-101. Short Title
This chapter shall be known and may be cited as the “Doe Mountain Recreation Authority Act of 2012.”
§ 11-25-102. Legislative Findings — Purpose — Liberal Construction
It is hereby found and determined that: There is an immediate need to conserve Doe Mountain, an iconic eight thousand six hundred (8,600) acre forested mountain presently under threat from economic distress; It is through conservation of these same Appalachian Mountains, in particular, Doe Mountain, that will give rise to an unparalleled location for family-oriented, […]
§ 11-25-103. Creation and Establishment of the Authority
There is hereby created and established the “Doe Mountain Recreation Authority,” being a public body corporate and politic.
§ 11-25-104. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Adventure tourism activities” means outdoor recreational opportunities such as equine and motorized trail riding, rappelling, road biking, rock climbing, hang gliding, spelunking, shooting sports, mountain biking, canoeing, paragliding, zip lining and other such activities; “Authority” means the Doe Mountain recreation authority; “Board” means the board […]
§ 11-25-105. Filing of Charter
The authority shall file its charter with the secretary of state pursuant to title 48, chapter 51. The charter shall be placed on record in the office of the register of deeds of Johnson County. Upon such recordation of its charter, the authority shall be authorized to function in accordance with its charter and of […]
§ 11-25-106. Board of Directors
The authority shall be governed by a board of directors consisting of fifteen (15) members: The mayor of the county, or the mayor’s designee; The mayor of the largest municipality within the county, or the mayor’s designee; The director of the wildlife resources agency, or the director’s designee; The commissioner of the department of economic […]
§ 11-25-107. Powers of the Authority — No Permit for Solid Waste Management Facility Shall Be Issued
The authority has the following powers necessary for carrying out the purposes set forth in this chapter to: Adopt a seal; Sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties; Purchase, hold, sell and convey land and […]
§ 11-25-108. Additional Powers and Duties — Authority Defined as an Adventure Tourism Business
In addition to other powers and duties specified in this chapter, the authority shall: Establish bylaws and make all rules and regulations not inconsistent with this chapter, deemed expedient for the management of the affairs of the authority; Set the amount of all fees required by this chapter; Receive, administer and account for all moneys […]
§ 11-25-109. Meetings — Records — Business Plans — Governmental Immunity
All meetings of the authority’s board, including the organization’s meeting provided for in § 11-25-106(c), shall be open to the public, pursuant to § 8-44-102. Notice and an agenda for such meetings shall be mailed to each board member and published on the authority’s website at least five (5) days prior to the date of […]
§ 11-25-110. Initial Meeting
At the initial meeting of the board, the board and The Nature Conservancy shall undertake to develop and publish a written management plan for the authority, which shall be publicly available. The board has the power to employ engineers, surveyors, conservation experts, outdoor recreation experts, management experts, and other professionals necessary for such study, and […]
§ 11-25-111. Contribution of Funding, Facilities, and Equipment — Financing
The governing body of the county, or the governing body of any city or town, adjacent to or in the proximity of any real property owned by the authority, has the right to contribute, out of the general fund or any special fund of such county or city, such amount as such legislative body sees […]
§ 11-25-112. No Power of Eminent Domain
The authority shall not have the power of eminent domain.
§ 11-25-113. Annual Audit and Reports
The board shall cause an annual audit to be made of the books and records of the authority. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are made in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed […]
§ 11-25-114. Public Instrumentality — Public Nonprofit Corporation
The authority is hereby declared to be performing a public function and to be a public instrumentality. The acquisition, operating and financing of any project by the authority is declared to be for a public and governmental purpose and a matter of public necessity. Accordingly, the authority and all properties at any time owned by […]
§ 11-25-115. Bonds
The authority shall have power and is authorized to issue its bonds in accordance with this chapter and in accordance with the Local Government Public Obligations Law, compiled in title 9, chapter 21, and for such purposes the bonds shall be treated as revenue obligations of the authority under this chapter, in order to finance: […]
§ 11-25-116. Execution in the Name of the Corporation
All leases, contracts, deeds of conveyance, or instruments in writing executed by the authority, shall be executed in the name of the authority by the chair of the authority, or by such other officer as the board of directors of the authority, by resolution, may direct.
§ 11-25-117. Net Earnings
As a public body, no part of the net earnings of the authority remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the board of directors of the authority shall determine that sufficient provision has been made for the full payment of […]
§ 11-25-118. Dissolution of the Corporation
Whenever the board of directors of the authority, by resolution, determines that there has been substantial compliance with the purposes for which the authority was formed, and all bonds theretofore issued and all obligations theretofore incurred by the authority have been fully paid, then the members of the board of directors shall thereupon execute and […]
§ 11-25-119. Construction of Chapter
This chapter shall not be construed as a restriction or limitation upon any powers that an authority, as a public corporation, might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the organization of the authority or […]