45-46-90.02
Section 45-46-90.02 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...
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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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45-49A-64.06
Section 45-49A-64.06 Board of directors. (a) Each authority shall be governed by a board of
directors. All powers of the authority shall be exercised by the board pursuant to its authorization.
The board shall consist of six directors. Each director shall be elected by the governing
body of the authorizing municipality. The initial term of office of three of the directors
elected by the governing body of the authorizing municipality shall begin immediately upon
their election and shall end at 12:01 a.m., on the second anniversary of the date of the filing
for record of the certificate of incorporation of the authority. The initial term of office
of the remaining directors elected by the governing body of the municipality shall begin immediately
upon their election and shall end at 12:01 a.m. on the fourth anniversary date of such filing.
Thereafter, the term of office of each such director shall be six years. If at any time there
should be a vacancy on the board, a successor director...
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45-49A-64.05
Section 45-49A-64.05 Amendments to certificate of incorporation. (a) The certificate of incorporation
of any authority incorporated under this part may at any time and from time to time be amended
in the manner provided in this section. 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 any matters which might
have been included in the original certificate of incorporation. (b) After the adoption by
the board of a resolution proposing an amendment to the certificate of incorporation of the
authority, the chair of the board or other chief executive officer of the authority and the
secretary of the authority shall sign and file a written application in the name of and on
behalf of the authority, under its seal, with the governing body of the authorizing municipality,
requesting the governing body to adopt a resolution approving...
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11-32-5
Section 11-32-5 Certificate of incorporation - Amendment. (a) The certificate of incorporation
of any authority incorporated under or governed by this chapter may be amended in the manner
provided in this section. The board 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 any matters which might have been included in the original certificate
of incorporation. (b) After the adoption by the board of a resolution proposing an amendment
to the certificate of incorporation of the authority, the chair of the board or executive
director of the authority and the secretary of the authority shall sign and file a written
application in the name of and on behalf of the authority, under its seal, with the governing
body of the authorizing county and with the governing body of the principal municipality,
requesting each governing body to adopt a resolution approving the...
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11-49A-8
subject to the provisions of Section 11-49A-20) specified in its certificate of incorporation;
(2) To sue and be sued in its own name in civil 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, receive, and take, by purchase, gift, lease, devise, or otherwise, and to hold property
of every description, real, personal, or mixed, whether located in one or more counties
or municipalities and whether located within or outside the authorizing municipality; (6)
To make, enter into, and execute such contracts, agreements, leases, and other instruments
and to take other actions as may be necessary or convenient to accomplish any purpose for
which the authority was organized or to exercise any power expressly granted hereunder; (7)
To plan, establish, develop, acquire, purchase, lease, construct, reconstruct,...
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16-17A-4
Section 16-17A-4 Articles of incorporation - Requirements. (a) In addition to any other matters
relating to the authority that the sponsoring university may choose to insert and that are
not inconsistent with state law, the articles of incorporation of an authority shall include
the following provisions: (1) The name of the authority, which shall include the word Authority
and shall include words identifying the sponsoring university. (2) The name of the sponsoring
university and the date on which the governing body of the sponsoring university adopted a
resolution authorizing the organization of the authority. (3) The name and address of the
registered agent of the authority. (4) A statement that the authority is organized pursuant
to the provisions of this chapter. (5) A statement that the authority shall exercise all powers
provided by law, unless the exercise by the authority of any of its powers hereunder is limited
in any way, in which case a statement of such limitations on the...
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45-49A-64.07
be perpetual, subject to Section 45-49A-64.19) specified in its certificate of incorporation.
(2) To sue and be sued in its own name in civil 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, receive, and take, by purchase, gift, lease, devise, or otherwise, and to hold property
of every description, real, personal, or mixed, whether located in one or more counties
or municipalities and whether located within or outside the authorizing municipality. (6)
To make, enter into, and execute such contracts, agreements, leases, and other instruments
and to take other actions as may be necessary or convenient to accomplish any purpose for
which the authority was organized or to exercise any power expressly granted hereunder. (7)
To plan, establish, develop, acquire, purchase, lease, construct, reconstruct,...
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11-101A-8
subject, however, to Chapter 93 of this title, which chapter is hereby made applicable to the
authority. (3) To adopt, alter, amend, and repeal bylaws, regulations, and rules for the regulation
and conduct of its affairs and business. (4) To adopt and make use of a corporate seal and
to alter the same at pleasure. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise and to improve, maintain, equip, and furnish one or more projects,
including all real and personal properties which the board deems necessary in connection
therewith, regardless of whether any projects are then in existence, at such place or places,
within and without the boundaries of its authorizing subdivisions, as it considers necessary
or advisable. (6) To lease or otherwise make available its projects or other of its properties
or assets, with or without charge, to the United States or to one or more of its authorizing
subdivisions, for sublease to the United States, on such terms...
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11-47-217
Section 11-47-217 Boards of directors of authorities. (a) Each authority shall have 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, and the authority shall be governed by the
board or pursuant to its authorization. Subject to the provisions of subdivision (8) of Section
11-47-215, the board shall consist of directors who have the qualifications and are elected
or appointed for certain terms of office as shall be specified in the certificate of incorporation
of the authority. Notwithstanding the foregoing, if the original directors are appointed by
the incorporators, the original directors shall be identified in the proposed form of the
certificate of incorporation submitted to the governing body of each of the authorizing subdivisions
together with the application for authority to...
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