22-21-311
Section 22-21-311 Definitions. (a) The following words and phrases used in this article,
and others evidently intended as the equivalent thereof, shall, in the absence of clear implication
herein otherwise, be given the following respective interpretations herein: (1) APPLICANT.
A natural person who files a written application with the governing body of a county, municipality,
or educational institution, or two or more thereof, in accordance with the provisions of Section
22-21-313. (2) AUTHORITY. A public corporation organized, and any public hospital corporation
reincorporated, pursuant to the provisions hereof. (3) AUTHORIZING RESOLUTION. The resolution
adopted by the governing body of an authorizing subdivision, in accordance with the provisions
of Section 22-21-313 or Section 22-21-341, that authorizes the incorporation
of an authority or the reincorporation of a public hospital corporation. (4) AUTHORIZING SUBDIVISION.
Each county, municipality, and educational institution with...
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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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11-32-3
Section 11-32-3 Incorporation as a public corporation; applications. (a) One or more
public corporations may be organized pursuant to this chapter in a county having a population
of not less than 600,000 according to the last or any subsequent federal decennial census.
Once incorporated under or governed by this chapter, each corporation shall continue to be
subject to this chapter, even if the population of the county falls below 600,000. In order
to incorporate as a public corporation, any number of natural persons, not less than three,
shall first file a written application with the governing body of the county and with the
governing body of the municipality in the county having the largest population according to
the most recent federal decennial census, which applications shall include all of the following:
(1) A statement that the authority proposes to render public transportation service in the
county. (2) The proposed location of the principal office of the authority, which...
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11-32-4
Section 11-32-4 Certificate of incorporation - Filing; contents; execution. (a) Within
40 days following the adoption of an authorizing resolution by that governing body that was
the last to adopt an authorizing resolution, but only if the governing bodies of both the
county and the municipality with which applications were filed have theretofore adopted authorizing
resolutions, the applicants shall proceed to incorporate an authority by filing for record
in the office of the judge of probate of the authorizing county a certificate of incorporation
which shall comply in form and substance with the requirements of this section, and
which shall be in the form and executed in the manner as provided in this chapter. The certificate
of incorporation of the authority shall contain all of the following: (1) The names of the
persons forming the authority, and that each of them is a duly qualified elector of the authorizing
county. (2) The name of the authority which shall be "_____ County...
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11-49B-5
Section 11-49B-5 Amendments to certificate of incorporation. The certificate of incorporation
of any authority incorporated under this chapter may be amended as follows: (1) A resolution
adopted by the board of directors proposing an amendment to the certificate of incorporation.
(2) The proposed amendment shall be set forth in full in the resolution, and which may include
any matters which might have been included in the original certificate of incorporation. (3)
After the adoption of the resolution proposing an amendment to the certificate of incorporation
of the authority, the chair of the board or other chief executive officer, 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 proposed amendment, and accompanied by a...
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11-99B-4
Section 11-99B-4 Filing of certificate of incorporation and copies of resolutions of
governing bodies with judge of probate; contents and execution of certificate of incorporation;
notification of Secretary of State of recordation of certificate of incorporation by judge
of probate. (a) Following the adoption of an authorizing resolution by that governing body
that was the last to adopt an authorizing resolution, but if and only if each other governing
body with whom such application was filed has theretofore adopted an authorizing resolution,
the applicants shall proceed to incorporate a district by filing for record in the office
of the judge of probate of the county in which the principal office of the district is to
be located, as specified in the certificate of incorporation provided for in this section,
a certificate of incorporation which shall comply with the requirements of this section
and which shall be in the form and executed in the manner provided in this section.
(b) The...
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11-22-6
Section 11-22-6 Certificate of incorporation - Amendments. If any corporation formed
under this chapter has accidentally or inadvertently failed to comply with the requirements
hereof in its organization, such omission or defect may be corrected by filing an amendment
as provided in this section. The certificate of incorporation of any corporation formed
under this chapter may also at any time and from time to time be amended so as to make any
changes therein and add any provisions thereto which might have been included in the certificate
of incorporation in the first instance. Any amendment shall be effected in the following manner:
The members of the board of directors of the corporation shall file with the governing body
of the county an application in writing seeking permission to amend the certificate of incorporation,
specifying in such application the amendment proposed to be made. Such governing body shall
consider such application and, if it shall by appropriate resolution...
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11-92A-11
Section 11-92A-11 Amendment of articles. (a) The articles of any authority may at any
time and from time to time be amended in the manner provided in this section. The board
of directors shall first adopt a resolution proposing an amendment to the articles, which
amendment shall be set forth in full in the said resolution and which may include any matters
that might have been included in the original articles. Such amendment may be made for the
sole purpose of altering, in accordance with the provisions of this chapter, the authorized
operational area of the authority. (b) After the adoption by the board of directors of a resolution
proposing an amendment to the articles, the chairman and the secretary of the authority shall
sign and file with the governing body of each county within the existing authorized operational
area of the authority, and with the governing body of each county proposed to be added to
the authorized operational area of the authority, if any, a written application...
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15-18-179
Section 15-18-179 Application for incorporation; certificate of incorporation; amendment;
board of directors; dissolution; funding; competitive bidding laws not applicable. (a) A public
corporation may be organized as a community punishment and corrections authority pursuant
to this article in any county or group of counties located in one or more judicial circuits.
In order to incorporate the public corporation, any number of natural persons, not less than
three, who are duly qualified electors of a proposed county or counties shall first file a
written application with the county commission or any two or more thereof. The application
shall contain all of the following: (1) The names of each county commission with which the
application is filed. (2) A statement that the applicants propose to incorporate an authority
pursuant to this article. (3) The proposed location of the principal office of the authority.
(4) A statement that each of the applicants is a duly qualified elector of...
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45-49A-64.04
Section 45-49A-64.04 Procedure to incorporate; contents and execution of certificate
of incorporation. (a) Within 40 days following the adoption of an authorizing resolution by
the governing body, the applicants shall proceed to incorporate an authority by filing for
record in the office of the judge of probate of the county in which the municipality is located,
a certificate of incorporation which shall comply in form and substance with the requirements
of this section and which shall be in the form and executed in the manner herein provided.
(b) The certificate of incorporation of the authority shall state all of the following: (1)
The names of the persons forming the authority, and that each of them is a duly qualified
elector of the authorizing municipality. (2) The name of the authority (which shall be _____
Transit Authority, with the insertion of the name of the authorizing municipality). (3) The
period for the duration of the authority (if the duration is to be perpetual,...
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