Filing of application; resolution.

(a) A public corporation may be organized pursuant to this article in Marengo County. In order to incorporate such a public corporation, any number of natural persons, not less than three, shall first file a written application with either the governing body of the county or the governing body of a municipality in the county which application shall:

(1) Contain a statement that the applicants propose to incorporate an authority pursuant to this article.

(2) State the proposed location of the principal office of the authority, which shall be within the county.

(3) State that each of the applicants is a duly qualified elector of the county.

(4) Request that the governing body of the county or of such municipality adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-46-90.03.

(b)(1) Every such application shall be accompanied by such supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the application with it in accordance with this section, the governing body of the county or of the municipality with which the application was filed shall review the contents of the application and shall adopt a resolution either:

a. Denying the application; or

b. Declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed in accordance with Section 45-46-90.03 to form the proposed authority.

(2) The governing body with which the application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting at which final action upon the application is taken.

(Act 86-547, p. 1106, § 3.)