§7-11-2. Commission a body corporate; perpetual existence; name;
power and authority; authority of county commission;
indebtedness of commission; agreements; tax exemption.
Any parks and recreation commission created by a county court
pursuant to the authority of this article shall be a public
corporate body with perpetual existence and a corporate seal. It
shall be known as the (name of county) county parks and recreation
commission. Any board of park and recreation commissioners
heretofore created under the former provisions of this article
shall hereafter be known as the (name of county) county parks and
recreation commission, and such commission shall succeed to all of
the properties, interest and assets of any such board of park and
recreation commissioners. The commission shall have the power and
authority to receive and control any gift, federal grant, other
grant, donation and bequest or devise; to exercise the right of
eminent domain if an order of the county court authorizing exercise
of the right as to any proposed acquisition is first made and
entered; to take and hold title to any real or personal property,
whether such property be located wholly within or partly within and
partly without the county; to receive all operating and capital
funds appropriated by the county court to the commission; to
receive all income and other funds, whether in cash or check,
received by the county court and derived from properties and
facilities devoted to park and recreational uses and under the
control of said commission; to receive all receipts from income producing park and recreational properties and facilities under the
control of the commission; to deposit, invest, manage and disburse,
all such funds, income or receipts, including the interest or
income earned thereon or therefrom; to borrow money and execute and
deliver negotiable notes, mortgage bonds, other bonds, debentures
and other evidences of indebtedness therefor, and give such
security therefor as shall be requisite, including giving a
mortgage or deed of trust on the properties or facilities under the
control of the commission or assigning or pledging the gross or net
revenues therefrom; to raise funds by the issuance and sale of
revenue bonds in the manner provided by the applicable provisions
of article sixteen, chapter eight of this code, it being hereby
expressly provided that for the purpose of the issuance and sale of
revenue bonds, the commission is a "governing body" as that term is
used in said article sixteen; to establish, charge and collect
reasonable fees and charges for services or for the use of any part
of the properties or facilities under its control, or for both
services and such use; to sue and be sued; to contract and be
contracted with; to obtain one or more insurance policies affording
coverage for loss of or damage to the properties and facilities
under its control and affording public liability coverage for the
legal liability of the commission, its officers, agents and
employees; to adopt bylaws governing the operation of the
commission and specifying the powers and duties of its officers;
and to do any and all things which may be necessary or convenient to carry out and effectuate the purposes and provisions of this
article.
Any such county court is hereby empowered and authorized to
transfer to any such commission all such funds or income, as
provided for in the preceding paragraph of this section, and such
county court may require a blanket surety bond covering those
individuals authorized to sign checks on behalf of the commission
in a penal sum not in excess of twenty-five thousand dollars.
The commission may incur any proper indebtedness and issue any
obligations and give any security therefor which it may deem
necessary and advisable in connection with carrying out any of its
purposes. No indebtedness or obligation incurred by the commission
shall give any right against the county or any member of the county
court or any member of the commission. No indebtedness of any
nature of the commission shall constitute an indebtedness of the
county or the county court or be a charge against any property of
the county. The rights of creditors of the commission shall be
solely against the commission as a corporate body and shall be
satisfied only out of property held by it in its corporate
capacity.
Without in any way limiting the generality of any of the other
provisions of this article, the commission may, in connection with
obtaining moneys or property for its purposes, enter into any
agreement with any person, including the federal government, or any
department, agency or subdivision thereof, containing such provisions, covenants, terms and conditions as the commission may
deem advisable.
The commission shall be exempt from the payment of any taxes
or fees to the state or any subdivision thereof or any municipality
or to any officer or employee of the state or of any subdivision
thereof or of any municipality. The property of the commission
shall be exempt from all municipal and county taxes. Bonds, notes,
debentures and other evidences of indebtedness of the commission
are declared to be issued for a public purpose and to be public
instrumentalities, and, together with interest and income thereon,
shall be exempt from taxation.