11-88-3
Section 11-88-3 Filing of application for incorporation of authority; adoption of resolution
approving or denying application by county governing body. (a) In order to incorporate an
authority under this chapter, any number of natural persons, not less than three, shall first
file a written application with the governing body of that county in which the area or areas
to be served by the proposed authority is located. Such application shall contain: (1) A statement
that the authority proposes to render water service, sewer service, and fire protection service,
or any one or more thereof; (2) A concise legal description of the area or areas in which
the authority proposes to render water service, sewer service, and fire protection service,
or any thereof; (3) A statement that there is no public water system adequate to serve any
area in which it is proposed that the authority will render water service, that there is no
public sewer system adequate to serve any area in which it is...
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11-20-32
Section 11-20-32 Application for authority to incorporate; adoption, etc., of resolution by
governing body authorizing incorporation; incorporation of more than one corporation. Whenever
any number of natural persons, not less than three, shall file with the governing body of
any county of this state an application in writing for authority to incorporate in such county
a public corporation under the provisions of this article, 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 county and if the governing body of said county shall adopt a resolution
which shall be duly entered upon the minutes of such governing body wherein it shall be found
and determined that it is wise, expedient, necessary or advisable that such a corporation
be formed and that the persons filing said application shall be authorized to proceed to form
such corporation, then said persons shall proceed to organize such...
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11-58-2
Section 11-58-2 Purpose of chapter; application for authority to form corporation; adoption
of resolution by governing body authorizing incorporation; execution and filing of certificate
of incorporation generally; effect of granting of authority for incorporation upon incorporation
of other such corporations. (a) The purpose of this chapter is to provide for the incorporation
of medical clinic boards as public agencies and instrumentalities of the State of Alabama
to promote the acquisition of health facilities in order to promote the public health of the
people of Alabama and also to promote the acquisition of certain other facilities for the
housing and care of elderly persons. (b) Whenever any number of natural persons, not less
than three, shall file with the governing body of any county or municipality in this state
an application in writing for authority to incorporate a public corporation as a medical clinic
board for the purpose of acquiring, owning, leasing, and disposing of...
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11-89A-6
Section 11-89A-6 Board of directors of authority; election; terms of office; vacancies; qualifications;
expenses; meetings; notice and waiver; resolutions; impeachment. (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; provided, however, that in the case of any authority
in existence and incorporated prior to May 11, 1989, the board shall consist of three directors
who shall be elected by the governing body of the determining subdivision for staggered terms
in accordance with the provisions of law as it existed immediately prior to the aforesaid
effective date unless such authority shall otherwise amend its certificate of incorporation
pursuant to the provisions of Section 11-89A-5. 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...
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16-17-3
Section 16-17-3 Procedure to incorporate. (a) By proceeding in the manner set forth herein,
any number of natural persons, not less than three, may incorporate an educational building
authority as a public corporation and as a political subdivision of the state. The said natural
persons shall first file with the governing body of any municipality the proposed form of
the certificate of incorporation of the authority, together with a written application seeking
permission to apply for the incorporation of an authority for such municipality. Every such
application shall also be accompanied by such supporting documents or evidence as the applicants
may consider appropriate to show the need for an authority for the said municipality. The
said governing body shall consider the said application and shall find and determine whether
it is wise, expedient, necessary or advisable that the authority be formed; if the said governing
body finds and determines that it is not wise, expedient,...
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16-18-3
Section 16-18-3 Procedure to incorporate. (a) By proceeding in the manner set forth herein,
any number of natural persons, not less than three, may incorporate an educational building
authority as a public corporation and as a political subdivision of the state. The said natural
persons shall first file with the governing body of any municipality the proposed form of
the certificate of incorporation of the authority, together with a written application seeking
permission to apply for the incorporation of an authority for such municipality. Every such
application shall also be accompanied by such supporting documents or evidence as the applicants
may consider appropriate to show the need for an authority for the said municipality. The
said governing body shall consider the said application and shall find and determine whether
it is wise, expedient, necessary or advisable that the authority be formed; if the said governing
body finds and determines that it is not wise, expedient,...
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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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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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11-89-4
Section 11-89-4 Filing of certificate of incorporation, copies of resolutions of governing
bodies, etc., with probate judge; contents and execution of certificate of incorporation;
notification of Secretary of State of recordation of certificate of incorporation by probate
judge. (a) Within 40 days following the adoption of an authorizing resolution or, in the event
an application was filed with more than one governing body within 40 days 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...
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22-51-7
Section 22-51-7 Incorporation of public corporations - Certificate of incorporation - Amendments.
The certificate of incorporation may be amended, from time to time, to provide for any objective
that was not included in the original certificate of incorporation by proceeding as follows:
(1) The board of directors of the corporation, subject to the approval of the Alabama Department
of Mental Health, shall first adopt a resolution setting forth and approving the proposed
amendment. (2) The proposed amendment shall then be submitted to each governing body which
has appointed or is entitled to appoint a member of the said board as it is constituted at
the time of the adoption of the said resolution setting forth and approving the proposed amendment.
(3) If a governing body to which the proposed amendment is submitted shall find that the said
amendment is in the public interest, and prima facie proof that it is in the public interest
shall consist of proof that it has been approved by the...
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