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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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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11-49A-5
Section 11-49A-5 Certificate of incorporation - Filing; contents; signing and acknowledging;
additional documents; notice to Secretary of State. 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. The certificate of incorporation of the authority shall state:
(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...
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22-21-316
Section 22-21-316 Board of directors; qualifications; election or appointment; terms; vacancies;
reimbursement for expenses; quorum; regular, special and called meetings; waiver of notice;
record of proceedings; use as evidence; removal from office. (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 (9) of subsection
(b) of Section 22-21-314, the board shall consist of directors having such qualifications,
being elected or appointed by such person or persons (including, without limitation, the board
itself, the governing body or bodies of one or more authorizing subdivisions or other counties
and municipalities, and other entities or...
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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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11-54-82
Section 11-54-82 Application for authority to incorporate industrial development board; adoption
of resolution by governing body authorizing incorporation; execution, acknowledgment, and
filing of certificate of incorporation generally. Whenever any number of natural persons,
not less than three, each of whom shall be a duly qualified elector of and taxpayer in the
municipality, shall file with the governing body thereof an application in writing seeking
permission to apply for the incorporation of an industrial development board of such municipality,
the governing body shall proceed to consider such application. If the governing body shall
by appropriate resolution duly adopted find and determine that it is wise, expedient, necessary,
or advisable that the industrial development board be formed and shall authorize the persons
making such application to proceed to form such board and shall approve the form of certificate
of incorporation proposed to be used in organizing the board,...
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22-21-135
Section 22-21-135 Board of directors. (a) The authority shall have a board of directors composed
of the number of directors provided in the certificate of incorporation, as most recently
amended. All powers of the authority shall be exercised by the board or pursuant to its authorization.
The directors shall be residents of the municipality (except, that any director required to
be elected from among persons nominated by the county commission need not be a resident of
the municipality, but must be a resident of the county) and shall be elected by the governing
body for staggered terms of office. In order to accomplish this purpose, the governing body
shall, at the time of the election of the first board, divide the board into three groups
containing as near equal whole numbers as possible. The first term of board members included
in the first group shall be two years, the first term of the board members included in the
second group shall be four years and the first term of the board...
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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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11-59-3
Section 11-59-3 Application for authority to incorporate public athletic board; adoption of
resolution by governing body authorizing incorporation; execution, acknowledgment and filing
of certificate of incorporation generally. Whenever any number of natural persons, not less
than three, each of whom shall be a duly qualified elector of and taxpayer in the municipality
shall file with the governing body thereof an application in writing seeking permission to
apply for the incorporation of a public athletic board of such municipality, the governing
body shall proceed to consider such application. If the governing body shall by appropriate
resolution duly adopted find and determine that it is wise, expedient, necessary. or advisable
that the corporation be formed and shall authorize the persons making such application to
proceed to form such corporation, then the persons making such application shall execute,
acknowledge. and file a certificate of incorporation for the corporation as...
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11-89-17
its property shall thereupon pass to and be divided and apportioned among the counties and
municipalities in which any part of the service area may be located, or, if it is a supply
district, among its authorizing subdivisions, all in such manner and to such extent as may
be provided in the district's certificate of incorporation, as amended; provided, however,
that in the absence of a contrary provision in the said certificate of incorporation, as amended,
title to real estate and tangible personal property, other than cash, shall vest in
the county or municipality, as the case may be, in which the said real estate or tangible
personal property is located and the title to cash on hand and in banks, accounts receivable,
choses in action, and other intangible property, other than intangible interest in land, shall
vest in all of the counties and municipalities in which any part of the service area lies.
Each such county and municipality shall have title to said cash and intangible items...
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