§7-12-1. Establishment authorized; name; exceptions.
Except as hereinafter provided, the governing body of every
municipality and the county commission of every county is hereby
authorized to create and establish a public agency to be known as
a development authority. The name of the authority shall contain
the words "development authority," together with the designation of
the municipality or the county within which such authority is
intended to operate. Nothing in this article contained, however,
shall be construed as permitting the governing body of any
municipality or county commission of any county in which there
exists, on the date on which this article becomes effective, one or
more public development authorities, corporations or commissions,
organized and existing pursuant to an act or acts of the
Legislature, either local or general, and performing substantially
the same or similar functions as the development authorities herein
authorized, to create and establish such a development authority
until such time as all such other public development authorities,
corporations and commissions cease operations in such municipality
or county: Provided, That nothing herein shall be construed to
prohibit the creation and establishment of a municipal development
authority when a county or regional development authority exists,
and any municipal development authority shall have the exclusive
right to exercise its powers granted pursuant to this article
within the boundaries of the municipality.