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40-9B-3
23 of this title, or payments required to be made in lieu thereof, shall relieve the seller
from the obligation to collect and pay over the transaction tax as if the sale were to a person
exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE ENERGY RESOURCES.
The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION TAXES. The transaction
taxes imposed by Chapter 23 of this title, or payments required to be made in lieu thereof,
on tangible personal property and taxable services incorporated into an industrial
development property, the cost of which may be added to capital account with respect to the
property, determined without regard to any rule which permits expenditures properly chargeable
to capital account to be treated as current expenses. (4) DATA PROCESSING CENTER. An establishment
at which not less than 20 new jobs are located, the average annual total compensation, including
benefits, of such new jobs to be not less than...
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45-8-90
as security therefor its assets, and anticipated revenues; (8) to maintain civil actions and
have civil actions maintained against it and to defend civil actions against it; (9) to adopt
and alter bylaws for the regulation and conduct of its affairs and business; (10) to acquire,
receive, and take title to, by purchase, gift, lease, devise, or otherwise, to hold, keep,
and develop and to transfer, convey, lease, assign, or otherwise dispose of property of every
kind and character, real, personal, and mixed, and any and every interest therein,
located within the area of operation of the council, to any person; (11) to make, enter into,
and execute such contracts, agreements, leases, and other legal arrangements and to take such
steps and actions as may be necessary or convenient in the furtherance of any purpose or the
exercise of any power provided or granted to it by law; (12) to borrow money for any council
purpose, function, or use and to issue in evidence of the borrowing,...
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11-89-7
specified in its certificate of incorporation; (2) To sue and be sued in its own name in civil
actions, except as otherwise provided in this chapter, and to defend civil actions 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 service area; (6) To make, enter
into, and execute such contracts, agreements, leases, and other instruments and to take such
other actions as may be necessary or convenient to accomplish any purpose for which the district
was organized or to exercise any power expressly granted under this section; (7) To plan,
establish, develop, acquire, purchase, lease, construct, reconstruct,...
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11-54A-9
prosecute and defend civil actions in any court having jurisdiction of the subject matter and
of the parties. (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, whether by purchase, construction, exchange, gift, lease, or otherwise and
to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more projects,
including all real and personal properties which the board of the authority may deem
necessary in connection therewith, regardless of whether or not any such projects shall then
be in existence. (6) To lease to others any or all of its projects and to charge and collect
rent therefor, and to terminate any such lease upon the failure of the lessee to comply with
any of the obligations thereof. (7) To sell, exchange, donate, or convey and to grant options
to any lessee to acquire any of its projects and any or all of its...
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45-46-90.06
45-46-90.18, specified in its certificate of incorporation. (2) To sue and be sued in its own
name in civil suits and actions, excepting actions in tort, 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. (6) To make, enter into, and execute such
contracts, agreements, leases, and other instruments and to take such 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, enlarge, improve, maintain, equip, operate, regulate,
and protect industrial and commercial facilities and port or dock...
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11-54-99
Section 11-54-99 Validation of attempted incorporation of certain industrial development boards.
In all cases where there has heretofore been an attempt to incorporate a municipal industrial
development board under the provisions of this article and a certificate of incorporation
with respect to such board has been filed in the office of the judge of probate of the county
in which such board was sought to be incorporated, but the attempted incorporation is invalid
because of some irregularity in the procedure followed, the attempted incorporation of such
industrial development board with respect to which such a certificate of incorporation has
been filed shall be and hereby is validated ab initio, notwithstanding any irregularity in
the procedure for the incorporation of such board, including without limiting the generality
of the foregoing: (1) The failure of the judge of probate in whose office such certificate
of incorporation was filed to examine such certificate of incorporation;...
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11-50-311
Section 11-50-311 Application for authority to incorporate; adoption of resolution by municipal
governing body authorizing incorporation. Whenever any number of natural persons, not less
than three, shall file with the governing body of any municipality of this state an application
in writing for authority to incorporate a public corporation for the purpose of operating
a water system, a sewer system, a gas system, and an electric system or any one or more of
such systems, and if it shall be made to appear to such governing body that each of said persons
is a duly qualified elector of and owner of property in said municipality and if the governing
body of said municipality shall adopt a resolution, which shall be duly entered upon the minutes
of such governing body, wherein it shall be declared that it is wise, expedient, and necessary
that such a corporation be formed and that the persons filing said application shall be authorized
to proceed to form such corporation, then said...
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11-49A-6
Section 11-49A-6 Certificate of incorporation - Amendments; resolution; application; denial
or approval of governing body; filing. The certificate of incorporation of any authority 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, provided that the contents of any amendment are first approved
by the municipal governing body which shall have the authority to recommend requirements with
respect to either any amendment or the original certificate of incorporation. 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 said resolution and which amendment
may include any matters which might have been included in the original certificate of incorporation.
After the adoption by the board of a resolution proposing an amendment to the certificate
of incorporation of the authority, the chairman...
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11-62-3
Section 11-62-3 Application for authority to form corporation; adoption of resolution by governing
body authorizing incorporation; execution, acknowledgement, filing, recordation and contents
of certificate of incorporation; effect of granting of authority for incorporation upon incorporation
of other such corporations. (a) By proceeding in the manner set forth herein, any number of
natural persons, not less than three, may incorporate a special care facilities financing
authority in any municipality of the state. Such authority shall be organized as a public
corporation and instrumentality of the state with the powers hereinafter set forth. The incorporators
shall first file with the governing body of such municipality a written application seeking
permission to incorporate such authority, which application shall be accompanied by a proposed
form of certificate of incorporation for such authority and such supporting documents or evidence
as the incorporators may consider appropriate...
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22-21-313
Section 22-21-313 Application for incorporation of authority; authorizing resolution. (a) In
order to incorporate an authority, any number of natural persons, not less than three, shall
first file a written application with the governing body of any county, municipality, or educational
institution, or any two or more thereof, which application shall: (1) Recite the name of each
county, municipality, and educational institution with the governing body of which such application
is being filed; (2) Contain a statement that the applicants propose to incorporate an authority
pursuant to the provisions of this article; (3) State either a. where the authorizing subdivision
is a county or municipality, that each of the applicants is a duly qualified elector of the
authorizing subdivision (or, if there is more than one, at least one thereof) or b. where
the authorizing subdivision is an educational institution, that each of the applicants is
a duly qualified elector of the state; and (4)...
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