45-29-140.01
Section 45-29-140.01 Legislative intent. This article is intended to aid the state and county
in the execution of its duties by providing an appropriate and independent instrumentality
of the state and of the county with full and adequate powers to fulfill its functions. It
is the further legislative intent that the Fayette County Water Coordinating and Fire Prevention
Authority develop a master plan of operation for the water authority for the initial eight
years of operation in consultation with all existing water authorities in and adjoining Fayette
County and any county or local governments for the purpose of bringing about industrial development
and economic expansion in the county as well as ensuring the health and safety of all citizens.
(Act 89-188, p. 169, §2.)...
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45-47-250.04
Section 45-47-250.04 Board of directors. (a) The Marion County Public Water Authority shall
be governed by a board of directors. All powers of the authority shall be exercised by the
board or pursuant to its authorization. (b) The initial board of directors shall consist of
three citizens appointed to incorporate the authority and six other directors to be appointed
within 45 days after the date the authority is incorporated as follows: (1) In addition to
the appointment of one of the incorporators who shall serve an initial term of six years,
the Marion County Commission shall appoint the county engineer as one director. (2) The Marion
County Firefighters Association shall appoint one member from their associations who shall
serve an initial term of two years. (3) With each incorporated municipality, regardless of
size, having one vote in the selection, the elected mayors of all incorporated municipalities
in Marion County shall appoint one director who shall serve an initial term of...
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11-61A-3
Section 11-61A-3 Application for permission to incorporate. A municipal parking authority may
be organized as a public corporation in any Class 2 municipality of the state. Three or more
natural persons may file with the governing body of the municipality an application in writing
for permission to incorporate a public corporation to function as a municipal parking authority.
The applicants shall attach to the application a proposed form of certificate of incorporation
for the corporation. If the governing body receiving the application adopts a resolution approving
the form of the certificate of incorporation and authorizing the formation of a public corporation,
the applicants shall become the incorporators. The resolution does not have to be published
or posted. The applicants shall incorporate the authority as a public corporation as provided
in this chapter. (Acts 1994, No. 94-254, p. 470, §3.)...
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11-92B-4
Section 11-92B-4 Application of incorporation. (a) The written application of the incorporators
shall be filed with the judge of probate, which application shall do all of the following:
(1) Contain a statement that the incorporators propose to incorporate an authority pursuant
to this chapter. (2) State the operational area of the proposed authority. (3) State that
each of the incorporators is a resident of the county of incorporation or a municipality whose
corporate limits lie in whole or in part within the operational area of the proposed authority.
(4) Request that the governing body of the county of incorporation 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. (5) Request that the governing body of each
municipality whose corporate limits lie in whole or in part within...
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11-94-24
Section 11-94-24 Validation of incorporation of certain port authorities. In all cases where
there has heretofore been an attempt to incorporate a port authority under the provisions
of this chapter, and the incorporation of such authority was approved by the Director of State
Docks and a certificate of incorporation with respect to such authority has been filed in
the offices of the judge of probate of the county in which such authority was sought to be
incorporated, but the attempted incorporation is invalid because of some irregularity in the
procedure followed, the attempted incorporation of such port authority with respect to which
such certificate of incorporation has been filed shall be and hereby is validated ab initio,
notwithstanding any irregularity in the procedure for the incorporation of such port authority
including, without limiting the generality of the foregoing, (1) the failure of the State
Docks Advisory Committee to take any action or to adopt any resolution with...
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45-30-250.04
Section 45-30-250.04 Board of directors. (a) The authority shall be governed by a board of
directors. All powers of the authority shall be exercised by the board or pursuant to its
authorization. (b) The initial board of directors shall consist of the three citizens appointed
to incorporate the authority and six other directors to be appointed as follows: (1) In addition
to the appointment of one of the incorporators who shall serve an initial term of three years,
the Franklin County Commission shall appoint one additional director who shall serve an initial
term of three years. (2) The county highway engineer shall serve as a perpetual member on
the board of directors. (3) With each incorporated municipality, regardless of size, having
one vote in the selection, the elected mayors of all incorporated municipalities in Franklin
County, as a group, shall appoint one director who shall serve an initial term of two years.
(4) The chairs of the existing water authorities in Franklin County...
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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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11-22-3
Section 11-22-3 Application for authority to incorporate; resolution of approval; 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
chapter, and shall set forth in said application a brief description of the project to be
acquired or improved by such corporation, 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
there is a public need for the proposed project, that it is wise, expedient, necessary, or
advisable that such a corporation be formed and that the persons filing said...
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11-92A-4
Section 11-92A-4 Application for incorporation. (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 the provisions of this chapter;
(2) State the authorized operational area of the proposed authority; (3) State that each of
the incorporators is a resident of a county within the authorized operational area of the
proposed authority; and (4) Request that each governing body of each county within the authorized
operational area of the proposed authority 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 the provisions of this chapter. (b) Such application shall be accompanied
by the form of articles of incorporation of the proposed...
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22-29-5
Section 22-29-5 Incorporation - Certificate of incorporation. When the application has been
made, filed and recorded as provided in Section 22-29-4, the Secretary of State shall make
and issue to the applicants a certificate of incorporation pursuant to this chapter, under
the Great Seal of the State, and shall record the certificate with the application, whereupon
the applicants shall constitute a public corporation, agency and instrumentality of the state
under the name proposed in the application. There shall be no fees paid to the Secretary of
State for any work done in connection with the incorporation of the authority. (Acts 1971,
No. 42, p. 279, §5.)...
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