§ 14-185-105 - Organization of authority. - Arkansas Statutes

14-185-105. Organization of authority.

(a) The governing body of each municipality and the county court of each county desiring to organize a port authority under this chapter shall declare its intention to do so by ordinance of the governing body of the municipality and by order of the county court of the county.

(b) (1) The ordinance shall authorize and direct the mayor of the municipality, and the order shall authorize and direct the county judge of the county to prepare, or cause to be prepared, and to sign and file with the circuit clerk of any county which is to be a party to the organization of an authority under this chapter a petition requesting the circuit court of the county where the petition is filed to establish an authority under this chapter.

(2) The petition shall at least contain the following information:

(A) The identity of the municipalities and counties desiring to organize the port authority;

(B) The population of each petitioning municipality and each petitioning county, which population of a petitioning county wherever referred to in this chapter shall mean the population of the county exclusive of the population of each petitioning municipality in the county, according to the last federal census;

(C) The official name desired by the petitioners for the authority to be established;

(D) The total number of the members of the board of directors of the authority desired by the petitioning municipalities or counties, subject to the conditions pertaining thereto specified in this chapter;

(E) The number of the members of the board of the authority that shall represent each petitioning municipality or county, determined in accordance with the conditions specified in this chapter; and

(F) A request that the circuit court enter an order designating the total number of the members of the board, designating the number that shall represent each petitioning municipality or county and establishing an authority under the provisions of this chapter as a public agency of the petitioning municipalities or counties, but with the powers set forth in this chapter, which need not be enumerated in the order.

(c) (1) The circuit court shall enter an order establishing and naming the authority and designating the board in accordance with the petition.

(2) The circuit court shall enter the order as a record of the court, and it shall be placed in the permanent records of the circuit clerk of the court.

(d) After the entry of the order of the circuit court establishing the authority and after the appointments of the members of it by the governing bodies of the petitioning municipalities and the county courts of the petitioning counties, the authority shall be in existence. It shall thereafter exist as a separate entity and body corporate as set forth in this chapter.