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Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 28 Aug 2004 bottom

  67.2525.  Board of directors, qualifications — subdivision of district, how — powers and duties of the board. — 1.  Each member of the board of directors shall have the following qualifications:

  (1)  As to those subdistricts in which there are registered voters, a resident registered voter in the subdistrict that he or she represents, or be a property owner or, as to those subdistricts in which there are not registered voters who are residents, a property owner or representative of a property owner in the subdistrict he or she represents;

  (2)  Be at least twenty-one years of age and a registered voter in the district.

  2.  The district shall be subdivided into at least five but not more than fifteen subdistricts, which shall be represented by one representative on the district board of directors.  All board members shall have terms of four years, including the initial board of directors.  All members shall take office upon being appointed and shall remain in office until a successor is appointed by the mayor or chairman of the municipality in which the district is located, or elected by the property owners in those subdistricts without registered voters.

  3.  For those subdistricts which contain one or more registered voters, the mayor or chairman of the city, town, or village shall, with the consent of the governing body, appoint a registered voter residing in the subdistrict to the board of directors.

  4.  For those subdistricts which contain no registered voters, the property owners who collectively own one or more parcels of real estate comprising more than half of the land situated in each subdistrict shall meet and shall elect a representative to serve upon the board of directors.  The clerk of the city, town, or village in which the petition was filed shall, unless waived in writing by all property owners in the subdistrict, give notice by causing publication to be made once a week for two consecutive weeks in a newspaper of general circulation in the county, the last publication of which shall be at least ten days before the day of the meeting required by this section, to call a meeting of the owners of real property within the subdistrict at a day and hour specified in a public place in the city, town, or village in which the petition was filed for the purpose of electing members of the board of directors.

  5.  The property owners, when assembled, shall organize by the election of a temporary chairman and secretary of the meeting who shall conduct the election.  An election shall be conducted for each subdistrict, with the eligible property owners voting in that subdistrict.  At the election, each acre of real property within the subdistrict shall represent one share, and each owner, including corporations and other entities, may have one vote in person or for every acre of real property owned by such person within the subdistrict.  Each voter which is not an individual shall determine how to cast its vote as provided for in its articles of incorporation, articles of organization, articles of partnership, bylaws, or other document which sets forth an appropriate mechanism for the determination of the entity's vote.  If a voter has no such mechanism, then its vote shall be cast as determined by a majority of the persons who run the day-to-day affairs of the voter.  The results of the meeting shall be certified by the temporary chairman and secretary to the municipal clerk if the district is established by a municipality described in this section, or to the circuit clerk if the district is established by a circuit court.

  6.  Successor boards shall be appointed or elected, depending upon the presence or absence of resident registered voters, by the mayor or chairman of a city, town, or village described in this section, or the property owners as set forth above; provided, however, that elections held by the property owners after the initial board is elected shall be certified to the municipal clerk of the city, town, or village where the district is located and the board of directors of the district.

  7.  Should a vacancy occur on the board of directors, the mayor or chairman of the city, town, or village if there are registered voters within the subdistrict, or a majority of the owners of real property in a subdistrict if there are not registered voters in the subdistrict, shall have the authority to appoint or elect, as set forth in this section, an interim director to complete any unexpired term of a director caused by resignation or disqualification.

  8.  The board shall possess and exercise all of the district's legislative and executive powers, including:

  (1)  The power to fund, promote and provide educational, civic, musical, theatrical, cultural, concerts, lecture series, and related or similar entertainment events or activities, and fund, promote, plan, design, construct, improve, maintain, and operate public improvements, transportation projects, and related facilities within the district;

  (2)  The power to accept and disburse tax or other revenue collected in the district; and

  (3)  The power to receive property by gift or otherwise.

  9.  Within thirty days after the selection of the initial directors, the board shall meet.  At its first meeting and annually thereafter the board shall elect a chairman from its members.

  10.  The board shall appoint an executive director, district secretary, treasurer, and such other officers or employees as it deems necessary.

  11.  At the first meeting, the board, by resolution, shall define the first and subsequent fiscal years of the district, and shall adopt a corporate seal.

  12.  A simple majority of the board shall constitute a quorum.  If a quorum exists, a majority of those voting shall have the authority to act in the name of the board, and approve any board resolution.

  13.  At the first meeting, the board, by resolution, shall receive the certification of the election regarding the sales tax, and may impose the sales tax in all subdistricts approving the imposing sales tax.  In those subdistricts that approve the sales tax, the sales tax shall become effective on the first day of the first calendar quarter immediately following the action by the district board of directors imposing the tax.

  14.  Each director shall devote such time to the duties of the office as the faithful discharge thereof * may require and be reimbursed for his or her actual expenditures in the performance of his or her duties on behalf of the district.  Directors may be compensated, but such compensation shall not exceed one hundred dollars per month.

  15.  In addition to all other powers granted by sections 67.2500 to 67.2530, the district shall have the following general powers:

  (1)  To sue and be sued in its own name, and to receive service of process, which shall be served upon the district secretary;

  (2)  To fix compensation of its employees and contractors;

  (3)  To enter into contracts, franchises, and agreements with any person or entity, public or private, affecting the affairs of the district, including contracts with any municipality, district, or state, or the United States, and any of their agencies, political subdivisions, or instrumentalities, for the funding, including without limitation, interest rate exchange or swap agreements, planning, development, construction, acquisition, maintenance, or operation of a district facility or to assist in such activity;

  (4)  To acquire, develop, construct, equip, transfer, donate, lease, exchange, mortgage, and encumber real and personal property in furtherance of district purposes;

  (5)  To collect and disburse funds for its activities;

  (6)  To collect taxes and other revenues;

  (7)  To borrow money and incur indebtedness and evidence the same by certificates, notes, bonds, debentures, or refunding of any such obligations for the purpose of paying all or any part of the cost of land, construction, development, or equipping of any facilities or operations of the district;

  (8)  To own or lease real or personal property for use in connection with the exercise of powers pursuant to this subsection;

  (9)  To provide for the election or appointment of officers, including a chairman, treasurer, and secretary.  Officers shall not be required to be residents of the district, and one officer may hold more than one office;

  (10)  To hire and retain agents, employees, engineers, and attorneys;

  (11)  To enter into entertainment contracts binding the district and artists, agencies, or performers, management contracts, contracts relating to the booking of entertainment and the sale of tickets, and all other contracts which relate to the purposes of the district;

  (12)  To contract with a local government, a corporation, partnership, or individual regarding funding, promotion, planning, designing, constructing, improving, maintaining, or operating a project or to assist in such activity;

  (13)  To contract for transfer to a city, town, or village such district facilities and improvements free of cost or encumbrance on such terms set forth by contract;

  (14)  To exercise such other powers necessary or convenient for the district to accomplish its purposes which are not inconsistent with its express powers.

  16.  A district may at any time authorize or issue notes, bonds, or other obligations for any of its powers or purposes.  Such notes, bonds, or other obligations:

  (1)  Shall be in such amounts as deemed necessary by the district, including costs of issuance thereof;

  (2)  Shall be payable out of all or any portion of the revenues or other assets of the district;

  (3)  May be secured by any property of the district which may be pledged, assigned, mortgaged, or otherwise encumbered for payment;

  (4)  Shall be authorized by resolution of the district, and if issued by the district, shall bear such date or dates, and shall mature at such time or times, but not in excess of forty years, as the resolution shall specify;

  (5)  Shall be in such denomination, bear interest at such rates, be in such form, be issued as current interest bonds, compound interest bonds, variable rate bonds, convertible bonds, or zero coupon bonds, be issued in such manner, be payable in such place or places and subject to redemption as such resolution may provide; and

  (6)  May be sold at either public or private sale, at such interest rates, and at such price or prices as the district shall determine.  

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The provisions of this subsection are applicable to the district notwithstanding the provisions of section 108.170.

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(L. 2004 H.B. 795, et al. merged with H.B. 833 merged with S.B. 732 merged with S.B. 1155)

*Word "and" appears in original rolls.


---- end of effective   28 Aug 2004 ----

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