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11-47-214
Section 11-47-214 Authorization by subdivisions of organization and incorporation of authorities
for acquisition, establishment, operation, etc., of projects generally; application for authority
to form corporation; review of application; publication of resolution approving or denying
application. (a) The governing bodies of two or more subdivisions may authorize the organization
of an authority as a public corporation with powers set forth in this article for the purpose
of acquiring, financing, refinancing, providing, establishing, installing, using, or managing
one or more projects. (b) To organize such a corporation, not less than three natural persons
shall file with the governing body of any subdivision or any two or more thereof, an application
in writing for permission to incorporate a public corporation under this article, which application
shall: (1) Recite the name of each county and municipality with the governing body of the
county or municipality with which the...
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11-47-218
Section 11-47-218 Powers of authorities generally; location of projects; exercise of power
of eminent domain. (a) In addition to all other powers at any time conferred on it by law,
and subject to any express provisions of its certificate of incorporation to the contrary,
an authority shall have the following lawful powers, together with all powers incidental thereto
or necessary to discharge thereof in the corporate form: (1) To have succession by its corporate
name in perpetuity or for the duration specified in its certificate of incorporation. (2)
To sue and be sued in its own name in civil actions and to defend actions against it. (3)
To adopt and make use of a corporate seal and to alter the same at pleasure. (4) To adopt,
alter, and repeal bylaws, regulations, and rules, not inconsistent with this article or its
certificate of incorporation, for the regulation and conduct of the affairs and business of
the authority. (5) To acquire, receive, take, and hold, whether by purchase,...
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11-99B-1
Section 11-99B-1 Definitions. When used in this chapter the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. A natural person who files a written application with the governing body of
any county or municipality or public corporation in accordance with the provisions of Section
11-99B-3. (2) AUTHORIZING RESOLUTION. A resolution, adopted by a governing body in accordance
with the provisions of Section 11-99B-3, that authorizes the incorporation of a district.
(3) AUTHORIZING SUBDIVISION. Any county or municipality or public corporation the governing
body of which shall have adopted an authorizing resolution. (4) BOARD. The board of directors
of a district. (5) BONDS. Bonds, notes, and certificates representing an obligation to pay
money. (6) COUNTY. Any county in the state. (7) DIRECTOR. A member of the board of directors
of the district. (8) DISTRICT. A public corporation organized pursuant to...
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45-23A-91.03
Section 45-23A-91.03 Filing of application; authorization of incorporation by governing body
of city. (a) The authority may be organized pursuant to this part. In order to incorporate
such a public corporation, any number of natural persons, not less than three, who are duly
qualified electors of the city, shall first file a written application with the governing
body of the city, which application shall: (1) Contain a statement that the applicants propose
to incorporate the authority pursuant to this part. (2) State the proposed location of the
principal office of the authority, which shall be within the corporate limits of the city.
(3) State that each of the applicants is a duly qualified elector of the city. (4) Request
that the governing body of the city 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...
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45-41A-10.03
Section 45-41A-10.03 Application; authorization of incorporation. (a) The authority may be
organized pursuant to this part. In order to incorporate such a public corporation, any number
of natural persons not less than three, who are duly qualified electors of the city, shall
first file a written application with the governing body of the city, which application shall:
(1) Contain a statement that the applicants propose to incorporate the authority pursuant
to this part. (2) State the proposed location of the principal office of the authority, which
shall be within the corporate limits of the city. (3) State that each of the applicants is
a duly qualified elector of the city. (4) Request that the governing body of the city 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...
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45-41A-40.03
Section 45-41A-40.03 Application; authorization of incorporation. (a) The authority may be
organized pursuant to this part. In order to incorporate such a public corporation, any number
of natural persons, not less than three, who are duly qualified electors of the city, shall
first file a written application with the governing body of the city, which application shall
do all of the following: (1) Contain a statement that the applicants propose to incorporate
the authority pursuant to this part. (2) State the proposed location of the principal office
of the authority, which shall be within the corporate limits of the city. (3) State that each
of the applicants is a duly qualified elector of the city. (4) Request that the governing
body of the city 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...
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10A-2-11.03
Section 10A-2-11.03 Action on plan. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) After adopting a plan of
merger or share exchange, the board of directors of each corporation party to the merger,
and the board of directors of the corporation whose shares will be acquired in the share exchange,
shall submit the plan of merger, except as provided in subsection (g), or share exchange for
approval by its shareholders. (b) For a plan of merger or share exchange to be approved: (1)
The board of directors must recommend the plan of merger or share exchange to the shareholders,
unless the board of directors determines that because of conflict of interest or other special
circumstances it should make no recommendation and communicates the basis for its determination
to the shareholders with the plan; and (2) The shareholders entitled to vote must approve
the plan. (c) Subject to the corporation's articles of...
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11-49A-4
Section 11-49A-4 Application; resolution of denial or approval by governing body. A public
corporation may be organized pursuant to the provisions of this chapter in any Class 3 municipality.
In order to incorporate such a public corporation, any number of natural persons, not less
than three, shall first file a written application with the governing body of the municipality
which application shall: (1) Contain a statement that the authority proposes to render public
transportation service in such county; (2) State the proposed location of the principal office
of the authority, which shall be within the municipality where such application is filed;
(3) State that each of the applicants is a duly qualified elector of the municipality where
such application is filed; and (4) Request that such governing body 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...
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11-54-171
Section 11-54-171 Definitions. The following words and phrases used in this article shall,
in the absence of clear implication otherwise, be given the following interpretations: (1)
APPLICANT. A person who files a written application with the governing body of any municipality
in accordance with Section 11-54-173. (2) AUTHORITY. A public corporation organized pursuant
to this article. (3) AUTHORIZING MUNICIPALITY. Any municipality the governing body of which
shall have adopted an authorizing resolution. (4) AUTHORIZING RESOLUTION. A resolution adopted
by the governing body of any municipality in accordance with Section 11-54-173, that authorizes
the incorporation of an authority. (5) BOARD. The board of directors of an authority. (6)
BONDS. Includes bonds, notes, and certificates representing an obligation to pay money. (7)
COUNTY. Any county in the state. (8) DIRECTOR. A member of the board of an authority. (9)
GOVERNING BODY. With respect to a municipality, its city or town council,...
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11-54-173
Section 11-54-173 Filing of application; contents; authorization or denial of incorporation
by governing body of authorizing municipality. (a) A public corporation may be organized pursuant
to the provisions of this article in any municipality. In order to incorporate such a public
corporation, any number of persons shall first file a written application with the governing
body of such municipality, which application shall: (1) Contain a statement that the applicants
propose to incorporate an authority pursuant to the provisions of this article. (2) State
the proposed location of the principal office of the authority, which shall be within the
corporate limits of the municipality with whose governing body such application is filed.
(3) Request that the governing body 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...
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