(1) All powers, privileges, and duties vested in or imposed upon any authority organized pursuant to the provisions of this article shall be exercised and performed by and through the board except as otherwise provided by law; but the exercise of any and all executive, administrative, and ministerial powers may be by said board delegated and redelegated to any of the officers created or by the board acting under this article. (2) The board of an authority created by the formation of a combination consists of at least five members, but no more than nine members, representing the counties or municipalities participating in the combination. The authorizing resolution, filed with the director of the division of local government pursuant to section 41-3-104 (1), must contain a provision as to the representation of the counties and municipalities participating in the combination. The members of the board of an authority created by a combination must be appointed by resolution of the governing boards of the counties or municipalities that are members of the combination, with the initial appointments, at the election of such municipality or county, to be made by the authorizing resolution filed with the director of the division of local government. If the county in which the airport is to be located is not a member of the combination, then the member or members, if any, to which the county is entitled shall be appointed by the board of county commissioners of the county. The board created by the independent action of a county consists of five members who shall be appointed by the board of county commissioners of the county, and initial appointments to the board, at the election of the board of county commissioners, may be made in the authorizing resolution filed with the director of the division of local government. Board members from municipalities and counties in this state must be taxpaying electors, as defined in section 1-1-104 (49), at the time of appointment and must reside in the municipality or county from which appointed. After an authority is organized by the formation of a combination, the inclusion of additional counties or municipalities entitles the included municipalities or counties to representation on the same basis as other counties or municipalities. A member of the board does not receive compensation for the member's service on the board. No member of the board shall be interested in any contract or transaction with the authority except in the member's official respective capacity. Members of the board are subject to the standards of conduct for local government officials specified in article 18 of title 24. (3) The term of each member is four years; except that the terms of the members of the first board are adjusted so that the terms of one-half of the members expire after two years. At the first meeting of the board of a newly formed authority, the commissioners shall determine by lot which members serve two-year terms and which serve four-year terms. At the expiration of the term of any commissioner, a new appointment shall be made by the appropriate governing board, and any member, including a member appointed to fill a vacancy, may be appointed to serve a successive term. (4) A change of residence of a member of the board from a municipality or county in the state to a place outside the municipality that he or she represents, or the county from which he or she is appointed, automatically creates a vacancy on the board as to such municipality or county. Vacancies which may occur on the board through death or resignation of one of the members, or for any other reason, shall be filled in the same manner as provided for the appointment of original members of the board. (5) The board, in addition to any other powers conferred by this article, has the following powers: (a) To fix the time and place at which its regular meetings are held, which place may be located within any municipality or county forming a part of an authority created by a combination or within the county independently creating such authority; to organize, adopt bylaws and rules of procedure, and select a chairperson and pro tem chairperson. A special meeting may be called by any officer or member of the board by informing the other members of the date, time, and place of the special meeting and the purpose for which it is called. All regular or special meetings are subject to the open meeting and notice requirements of section 24-6-402. (b) To make and pass resolutions and orders not repugnant to the constitution of the United States; the state; an adjoining state, if a combination includes a municipality or county from the adjoining state; or other provisions of this article necessary for the government and management of the affairs of the authority and the execution of the powers vested in the authority and for carrying into effect the provisions of this article. On all resolutions the rolls shall be called and the ayes and nays recorded. Resolutions and orders may be adopted by viva voce vote, but on demand of any member the roll shall be called. (c) To record all resolutions, as soon as may be after their passage, in a book kept for that purpose and authenticate them by the signature of the presiding officer of the board and the clerk thereof. Any resolution may at the election of the board be published in a newspaper of general circulation in the county wherein the airport is located within ten days of the date of passage and adoption and shall become effective, if so provided, upon the date of such publication. (d) To transact business only if a quorum of fifty percent of the board is present at a regular or special meeting. The board may take action or approve any matter by a majority of a quorum; except that all questions involving the inclusion or exclusion of a municipality or county in or from the authority or authorizing any expenditures in excess of two hundred fifty thousand dollars must be approved by a majority of the members of the board. Beginning January 1, 2029, and every five years thereafter, the two hundred fifty thousand dollar figure specified in this subsection (5)(d) is adjusted for inflation. (e) To fix the location of the principal place of business of the authority and the location of all offices and departments maintained thereunder, the location thereof to be at such place as the board deems best; (f) To prescribe by resolution a system of business administration, to create any and all necessary offices, to establish and reestablish the powers and duties and compensation of all officers and employees, and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the authority; (g) To employ clerical, legal, consulting, and engineering assistance and labor, and to delegate and redelegate to such employees the powers conferred by this article, under such conditions and restrictions as shall be fixed by the board to authorize such employees to bind the authority by contract; (h) To prescribe a method of auditing and allowing or rejecting claims and demands and a method for procuring contracts to carry out the authority's purposes pursuant to this article 3, including contracts for the construction of works and structures, equipment, the performance of labor or services, or the furnishing of supplies or materials. The board shall comply with the requirements of article 91 of title 24 when procuring and entering into a construction contract. For any contract involving federal funds, the board shall comply with all applicable federal statutes, regulations, guidelines, and policies. For all capital improvement projects and the purchase of new vehicles and new equipment, the board shall: (I) Solicit the contract by an invitation for bids. An invitation for bids may include criteria for the board to determine acceptability of a bid, including inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Any criteria that the board considers in evaluating the bid must be objectively measurable. (II) Include in an invitation for bids a purchase description and all contractual terms and conditions applicable to the procurement; (III) Provide adequate public notice of the invitation for bids within a reasonable time prior to the time the board sets for the opening of bids; (IV) Record the amount of each bid and the name of each bidder, which the board shall keep open for public inspection; (V) Allow the withdrawal of an inadvertently erroneous bid before the bid is awarded if the bidder submits documentary evidence that clearly and convincingly demonstrates an error was made; (VI) Award the contract with reasonable promptness to the low responsible bidder whose bid meets the criteria set forth in the invitation for bids; except that the board shall resolve any tie in accordance with section 24-103-902; and (VII) Maintain for public inspection all bids and bid documents in accordance with sections 24-72-203 and 24-72-204. (i) To constitute and appoint an official newspaper in this state to be used for the official publications of the authority, but nothing in this section shall prevent the board from directing publication in additional newspapers or other periodicals which public necessity may so require or indicate. (6) Where the state, pursuant to section 41-3-104 (7), joins in the creation of an airport authority authorized by this article or joins an existing airport authority created pursuant to this article, the state shall be entitled to such number of members of the board of commissioners as may be agreed upon by the creating parties or present parties of the authority and the state, as the case may be, but in no case shall the state be entitled to less than one member of the board of commissioners. The state member or members of the board of commissioners shall be appointed by the governor, with the consent of the senate.
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