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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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11-94-4
Section 11-94-4 Certificate of incorporation - Contents; execution and acknowledgment. (a)
The certificate of incorporation shall set forth: (1) The names and resident addresses of
the applicants together with a recital that each of them is a duly qualified elector of and
taxpayer in the county; (2) The name of the authority which shall be _____ Port Authority
(the blank spaces to be filled in with the names of the authorizing subdivisions if such names
shall be available for use by the authority, and if not available then the incorporators shall
designate some other similar name that is available); (3) A recital that permission to organize
the authority has been granted by resolution duly adopted by the governing body of each authorizing
subdivision and the Alabama State Docks Department and the respective dates of adoption of
said resolutions; (4) The location of the principal office of the authority (which shall be
in the municipality) and its post office address; (5) A statement...
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11-32-2
Section 11-32-2 Definitions. As used in this chapter, the following words and phrases shall
mean the following unless the context clearly indicates otherwise: (1) AD VALOREM TAX. Those
real and personal property ad valorem taxes collected by the county tax collector,
the director of revenue of the county, or revenue commissioner, if any, for the county, but
shall exclude all ad valorem taxes collected for the State of Alabama and all boards of education,
municipalities, fire districts, or other entities located in the county. (2) APPLICANT. A
natural person who files a written application with the governing body of any county to which
this chapter applies and with a municipality in the county, all in accordance with Section
11-32-3. (3) AUTHORITY. The public corporation organized pursuant to this chapter, which shall
be an agency of the state but shall not be a political subdivision of the state. (4) AUTHORIZING
COUNTY. Any county the governing body of which shall have adopted an...
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45-49A-64.03
Section 45-49A-64.03 Filing of application; authorization of incorporation. (a) A public corporation
may be organized pursuant to this part in any municipality having a population of not less
than 175,000 nor more than 250,000 according to the last or any subsequent federal decennial
census. 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 do all of the following: (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 (4) Request that such governing
body adopt a resolution declaring that it is wise, expedient, and...
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11-101A-6
Section 11-101A-6 Board of directors. (a) Each corporation shall be governed by a board of
directors composed of the number of directors provided in the certificate of incorporation
as most recently amended. Unless provided to the contrary in its certificate of incorporation,
all powers of the authority shall be exercised by the board or pursuant to this authorization.
Subject to the provisions of subdivision (8) of subsection (b) of Section 11-101A-4, the board
shall consist of directors having those qualifications, being elected or appointed by that
person or persons, including, without limitation, the board itself, one or more authorizing
subdivisions, or other counties and municipalities, and other entities or organizations and
in the manner, and serving for the terms of office, all as shall be specified in the certificate
of incorporation of the authority. Notwithstanding the foregoing, no fewer than a majority
of the directors shall be elected by the governing body or bodies of...
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11-99B-5
Section 11-99B-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any district may at any time and from time to time
be amended in the manner provided in this section. (b)(1) The board shall first adopt a resolution
proposing an amendment to the certificate of incorporation which shall be set forth in full
in the said resolution and which amendment may include, without limitation: a. A change in
the name of the district. b. The addition to the project or projects of the district of a
new project or projects and the proposed location thereof. c. Any matters which might have
been included in the original certificate of incorporation, or any change in any such matters.
(2) If any proposed amendment would add any new county, municipality, or public corporation
as a member of a district, such proposed amendment shall include, in addition: a. Provisions
for election of at least one director by the governing body of each such...
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11-95-7
suits and actions, and to defend suits against it; (3) To adopt and make use of a corporate
seal and to alter the same at pleasure; (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business; (5) To acquire, construct, equip, enlarge, improve, maintain,
and operate hospital facilities in the authorizing county and to do all things necessary to
that end; (6) To receive, acquire, take and hold, whether by purchase, gift, lease, devise,
or otherwise, real and personal property of every description and to manage and dispose
of the same by any form of legal conveyance or transfer; provided, however, that the corporation
shall not, without the prior approval of the governing bodies of the authorizing subdivisions,
have the power to dispose of substantially all of its assets or of any hospital facilities
the disposition of which would materially reduce or impair the level of hospital or health
care services rendered by the corporation; (7) To provide...
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11-86A-6
Section 11-86A-6 Authorization and procedure for reincorporation of existing park and recreation
authorities and boards; continuation in office of directors; effect of reincorporation. (a)
In all cases where there has been an attempt to create or incorporate a park and recreation
authority or park and recreation board, but the attempted creation or incorporation is or
may be invalid because of an irregularity in the procedure followed or invalidity of or defect
in the statute under which the attempted creation or incorporation of the authority or board
was made, a minimum of three natural persons residing in the county in which the authority
is to be incorporated may file a written application with the probate judge of the county
in which the park and recreation authority or park and recreation board has been incorporated
or attempted to be created or incorporated, which application shall: (1) Contain a statement
that the incorporators propose to reincorporate an authority pursuant to...
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11-88-5
Section 11-88-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any authority incorporated under the provisions of
this article may at any time and from time to time be amended in the manner provided in this
section. (b)(1) The board of directors of the authority shall first adopt a resolution proposing
an amendment to the certificate of incorporation which shall be set forth in full in the resolution
and which amendment may include: a. A change in the name of the authority; b. The addition
to the service area of the authority of new territory lying within the determining county;
c. Provisions for the operation of a system or facility the operation of which is not then
provided for in the certificate of incorporation of the authority and which the authority
is authorized by this article to operate; d. Any matters which might have been included in
the original certificate of incorporation; e. Provisions for the addition...
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11-89-5
Section 11-89-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any district incorporated under the provisions of
this chapter may at any time and from time to time be amended in the manner provided in this
section. (b)(1) The board of directors of the district shall first adopt a resolution proposing
an amendment to the certificate of incorporation which shall be set forth in full in the said
resolution and which amendment may include: a. A change in the name of the district; b. The
addition to the service area of the district of new territory lying within any municipality
or, in the case of territory not lying within any municipality, any county in which the district's
then existing service area lies; c. Provisions for the operation of a system or facility the
operation of which is not then provided for in the certificate of incorporation of the district
and which the district is authorized by this chapter to operate;...
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