45-30-250.03
Section 45-30-250.03 Amendment to certificate of incorporation. (a) The certificate of incorporation
of the authority incorporated under this article may at any time and from time to time be
amended in the manner provided in this section. (b)(1) 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. The amendment may include any of the following:
a. A change in the name of the authority. b. The addition to the service area of the authority
of new territory lying within Franklin County. c. Provisions for the operation of a system
or facility not currently provided for in the certificate of incorporation of the authority
for which the authority is authorized by this article to operate. d. Any matters which could
have been included in the original certificate of incorporation. e. Provisions for the addition
to the service area of the authority of new territory...
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11-97-10
such corporation; provided, that any corporation may enter into contracts with the holders
of any of its bonds preventing such corporation from thereafter issuing general obligation
bonds or limiting the amount of such bonds that may thereafter be issued. To the extent permitted
by any contracts with the holders of outstanding bonds and any other contractual obligations
or requirements, any corporation may pledge any of its revenues or mortgage or assign any
of its assets, whether real or personal and whether tangible or intangible, to secure
the payment of any of its bonds. (b) As security for payment of the principal of and the interest
and premium, if any, on any bonds issued or assumed by it, any corporation may enter into
a contract or contracts, and adopt resolutions or other proceedings containing provisions
constituting a part of the contract or contracts with the holders of such bonds, pertaining
to, among other things, the following matters: (1) Pledging all or any part of...
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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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11-62-8
any authority may enter into contracts with the holders of any of its bonds or notes preventing
such authority from thereafter issuing general obligation bonds or notes or limiting the amount
of such bonds or notes that may thereafter be issued. To the extent permitted by any contracts
with the holders of outstanding bonds and notes and any other contractual obligations or requirements,
any authority may pledge any of its revenues or mortgage or assign any of its assets, whether
real or personal and whether tangible or intangible, to secure the payment of any of
its bonds or notes. (d) All obligations created or assumed by any authority and all bonds
or notes issued thereby shall be solely and exclusively an obligation of such authority and
shall not create an obligation or debt of the state, the determining municipality or any other
political subdivision of the state or public corporation or governmental agency existing under
the laws thereof; provided, that the provisions of this...
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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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41-10-139
Section 41-10-139 Filing certificate of incorporation with Secretary of State; contents, execution,
recordation, etc. (a) After the date of issuance by the Governor of his executive order authorizing
the applicants to proceed to form a public corporation, as provided in Section 41-10-138,
the applicants or not less than three of the applicants shall proceed to incorporate a public
corporation by filing of record in the office of the Secretary of State a certificate of incorporation
which shall comply in form and substance with the requirements of this section and be executed
in the manner provided in this section. (b) The certificate of incorporation of the authority
shall state: (1) The names of the persons incorporating the authority, together with their
post office addresses and a statement that each of them is a qualified elector of the state;
(2) The name of the authority (which shall include the words "historical preservation
authority"); (3) The location of the principal office...
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11-86A-4
Section 11-86A-4 Filing of application for incorporation with probate judge; contents thereof;
recordation of application by probate judge; approval or disapproval by governing body of
county of incorporation and each participating municipality. (a) The written application of
the incorporators shall be filed with the probate judge, which application shall: (1) Contain
a statement that the incorporators propose to incorporate an authority pursuant to this chapter.
(2) State that each of the incorporators is a resident of the county of incorporation. (3)
Request that the governing body of the county of incorporation and each participating municipality
adopt a resolution declaring that it is expedient that the proposed authority be formed, approving
the written application, and authorizing the incorporators to proceed to form the proposed
authority by filing for record articles in accordance with this chapter. (b) The application
shall include the form of articles of the proposed...
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22-21-315
Section 22-21-315 Certificate of incorporation - Amendment; application; approving resolution;
filing and recordation of certificate. (a) The certificate of incorporation of any authority
incorporated under the provisions of this article, as well as that of any public hospital
corporation reincorporated hereunder, may at any time and from time to time be amended, but
only in the manner provided in this section. The board shall first adopt a resolution proposing
an amendment to the certificate of incorporation of the authority, which amendment shall be
set forth in full in the said resolution and which may include any matters that might have
been included in an original certificate of incorporation hereunder. (b) After the adoption
by the board of a resolution proposing an amendment to the certificate of incorporation, the
chairman and the secretary of the authority shall sign and file, with the governing body of
each authorizing subdivision, a written application in the name and on...
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11-15-4
Section 11-15-4 Certificate of incorporation - Contents; approval. The certificate of incorporation
of the corporation shall state: (1) The names of the persons forming the corporation together
with the residence of each thereof and a statement that each of them is a duly qualified elector
of and property owner in the county; (2) The name of the corporation; (3) The location of
its principal office, which shall be in the county seat of the county; (4) The number of directors
(which shall be three or a multiple of three); and (5) Any other matters relating to the corporation
which the incorporators may choose to insert and which shall not be inconsistent with this
chapter or with the laws of the state. The name designated for the corporation in the certificate
of incorporation shall be one indicating the purpose thereof, such as "___ County Public
Building Authority" (the name of the county to be filled in the blank space) or some
other name of similar import. The form and contents...
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11-88-20
Section 11-88-20 Validation of prior defective incorporations under provisions of article.
In all cases where there has heretofore been an attempt to incorporate a public corporation
under the provisions of this article, and a certificate of incorporation with respect to such
corporation has been filed in the office of the judge of probate of the county in which such
corporation was sought to be incorporated, but the attempted incorporation is invalid because
of some irregularity in the procedure followed, the attempted incorporation of such public
corporation 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
incorporation of such corporation, 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 or to enter an...
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