11-97-1
Section 11-97-1 Legislative declarations and findings. It is hereby found and declared as follows:
(1) That the health, safety, and welfare of the people of this state require the provision
of certain utility services, including water and sewer services; (2) That it is necessary
for the Legislature to provide additional methods by which the cities and counties in the
state may provide new and improve existing utility services facilities; (3) That historically
a significant portion of the funding of the costs of construction of such utility services
facilities has been provided through grants from the United States of America; (4) That, in
recent years, funds available to cities and counties from the United States of America for
payment of costs of construction of utility services facilities has been substantially reduced,
and it is anticipated that, in coming years, such funds may be further reduced or eliminated;
(5) That the result of the elimination of funding from the United States...
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22-21-77
Section 22-21-77 Powers of corporation. The corporation shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
specified in its certificate of incorporation or until dissolved as provided in Section 22-21-82;
(2) To maintain actions and have actions maintained against it and to defend action maintained
against it; (3) To make use of a corporate seal and to alter the same at pleasure; (4) To
receive, acquire, take and hold, whether by purchase, gift, lease, devise or otherwise, real
and personal estate of every description and to manage and dispose of same by any form of
legal conveyance or transfer; (5) To acquire, construct, equip, enlarge, improve, maintain
and operate a hospital and to do all things necessary to that end; (6) With the approval of
the board of directors, to design, construct, purchase or...
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23-1-375
Section 23-1-375 Operation of airport, landing field, without license prohibited; application
for certificate of approval of proposed airport or landing field; limitation of operations
conducted on licensed airport. (a) Except as otherwise provided in this article, a person
or a municipality, officer, or employee of a municipality may not operate an airport, restricted
landing area, or other air navigation facility without a license issued by the department.
All proposed airports, restricted landing areas, and other air navigation facilities shall
be licensed by the department prior to use and operation. Any municipality, county, airport
authority, or person acquiring property for the purpose of constructing or establishing an
airport or restricted landing area shall, prior to acquisition, apply to the department for
a certificate of approval of the site selected and the general purpose or purposes for which
the property is to be acquired, to insure that the property and its use...
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27-21A-3
Section 27-21A-3 Issuance of certificate of authority. (a)(1) Upon receipt of an application
for issuance of a certificate of authority, the commissioner shall forthwith transmit copies
of such application and accompanying documents to the State Health Officer. (2) The State
Health Officer shall determine whether the applicant for a certificate of authority, with
respect to health care services to be furnished: a. Has demonstrated the willingness and potential
ability to assure that such health care services will be provided in a manner to assure both
availability and accessibility of adequate personnel and facilities and in a manner enhancing
availability, accessibility, and continuity of service; b. Has arrangements, established in
accordance with the regulations promulgated by the State Health Officer, for an on-going quality
assurance program concerning health care processes and outcomes; and c. Has a procedure, established
in accordance with regulations of the State Health...
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37-4-7
Section 37-4-7 Application to issue securities or assume obligations - When required; order
of commission. No utility shall issue any securities, or assume any obligation or liability,
as lessor, lessee, guarantor, endorser, surety or otherwise, in respect to the securities
of any other person unless and until, and then only to the extent that, upon application by
the utility, and after investigation by the commission of the purposes and uses of the proposed
issue, and the proceeds thereof, or of the proposed assumption of obligation or liability
in respect of the securities of any other person, the commission by order authorizes such
issue or assumption. The commission shall make such order only if it finds that such issue
or assumption is for some lawful object within the corporate purposes of the utility, is compatible
with the public interest, is necessary or appropriate for or consistent with the proper performance
by the utility of its service to the public as such utility and...
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45-25-250
Section 45-25-250 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise.
(1) AUTHORITY. The DeKalb County Water Authority, a public corporation organized pursuant
to this article. (2) BOARD. The Board of Directors of the DeKalb County Water Authority. (3)
BONDS. Bonds, notes, and certificates representing an obligation to pay money. (4) COUNTY.
DeKalb County. (5) DIRECTOR. A member of the Board of Directors of the DeKalb County Water
Authority. (6) GARBAGE PICK-UP AND DISPOSAL. All services involved in the pick-up and disposal
of garbage from residents, businesses, and factories. (7) SEWER SERVICE. The construction,
operation, and maintenance of sewer disposal facilities and lines in areas of the county not
served by any other public sewer facility. (8) INCORPORATORS. The persons forming a public
corporation organized pursuant to this article. (9) MUNICIPALITY. An...
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45-46-90.04
Section 45-46-90.04 Amendments to certificate of incorporation. (a) The certificate of incorporation
of any authority incorporated under this article 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 county or municipality,
requesting such governing body to adopt a resolution...
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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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11-47-216
Section 11-47-216 Certificate of incorporation of authorities - Form; execution and acknowledgment;
filing with probate judge; recordation by probate judge; amendment. (a) Within 40 days following
the adoption of the most recent authorizing resolution, 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 principal office of the authority is to be located a certificate of incorporation which
shall comply in form and substance with the requirements of this article and which shall be
in the form and executed in the manner provided in this article and shall also be in the form
theretofore approved by the governing body of each authorizing subdivision. (b) The certificate
of incorporation of the authority shall be signed and acknowledged by the incorporators before
an officer authorized by the laws of the state to take acknowledgment to deeds. When the certificate
of incorporation is filed for...
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11-54-173
Section 11-54-173 Filing of application; contents; authorization or denial of incorporation
by governing body of authorizing municipality. (a) A public corporation may be organized pursuant
to the provisions of this article in any municipality. In order to incorporate such a public
corporation, any number of persons shall first file a written application with the governing
body of such municipality, which application shall: (1) Contain a statement that the applicants
propose to incorporate an authority pursuant to the provisions of this article. (2) State
the proposed location of the principal office of the authority, which shall be within the
corporate limits of the municipality with whose governing body such application is filed.
(3) Request that the governing body 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...
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