40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and from the computation of the amount of the tax levied, assessed, or payable under this division the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating oil destined for out-of-state use which are transacted in a manner whereby an out-of-state purchaser takes delivery of such oil at a distributor's plant within this state and transports it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales, of fertilizer when used for agricultural purposes. The word "fertilizer" shall not be construed to include cottonseed meal, when not in combination with other materials. (3) The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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4-3-47
Section 4-3-47 Powers of authority generally. The authority 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; (2) To sue and be sued in its own name in civil actions, excepting actions in tort against the authority; (3) To adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire, receive, take and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property of every description, whether real, personal or mixed, whether in one or more counties and whether within or without the corporate limits of any authorizing subdivision, and to manage said property and to develop any property and to sell, exchange, lease or...
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11-49B-4
Section 11-49B-4 Procedure to incorporate contents and execution of certificate of incorporation. Within 40 days after the adoption of an authorizing resolution by the last governing body to adopt an authorizing resolution if the governing bodies of both the county and the municipality with which the applications were filed have adopted authorizing resolutions, the applicants shall proceed to incorporate an authority by filing for record in the office of the judge of probate of the authorizing county 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 county. (2) The name of the authority which shall be "The (insert name of the authorizing municipality) Area Regional Transit...
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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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11-49B-3
Section 11-49B-3 Filing of application; authorization of incorporation by governing body of authorizing county. (a) A public corporation may be organized pursuant to this chapter in any Class 1 municipality. Not less than three natural persons may incorporate a public corporation by filing a written application with the governing body of the county and with the governing body of the Class 1 municipality, which application shall: (1) Contain a statement that the authority proposes to render public transportation service in the Class 1 municipality and surrounding counties. (2) State the proposed location of the principal office of the authority, which shall be within the county in which the application is filed. (3) State that each of the applicants is a duly qualified elector of the county where the application is filed. (4) Request that the governing body adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the...
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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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11-32-6
Section 11-32-6 Board of directors. (a) Each authority shall be governed by a board. All powers of the authority shall be exercised by or under the authority of, and the business and affairs of the authority shall be managed under the direction of, the board or pursuant to its authorization. In making appointments to the board, best efforts should be used to reflect the racial, gender, and economic diversity within the county. (b) The board shall consist of nine directors. One director shall be elected by the governing body of the authorizing county. Five of the directors shall be elected by the governing body of the principal municipality. One of the directors shall be elected by the governing bodies of each of the three participating municipalities having the largest population according to the last or any subsequent federal decennial census. If there are not three participating municipalities, the governing body of the authorizing county and the governing body of the principal...
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11-49B-2
Section 11-49B-2 Definitions. The words, terms, and phrases defined below shall have the following meanings: (1) APPLICANT. A natural person who files a written application with the governing body of any county to which this chapter applies and with a municipality in the county. (2) AUTHORITY. A public corporation organized pursuant to this chapter. (3) AUTHORIZING COUNTY. Any county where a Class 1 municipality is located whose governing body adopts an authorizing resolution. (4) AUTHORIZING MUNICIPALITY. Any Class 1 municipality whose governing body adopts an authorizing resolution. (5) AUTHORIZING RESOLUTION. A resolution adopted by the governing body of the county where the Class 1 municipality is located or by the Class 1 municipality in which an authority may be incorporated. (6) BOARD. The board of directors of an authority. (7) BONDS. Bonds, notes, and certificates representing an obligation to pay money. (8) COUNTY. Any county in the state. (9) DIRECTOR. A member of the board...
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11-89-3
Section 11-89-3 Filing of application for incorporation of district; adoption of resolutions approving or denying application, etc., by governing bodies. (a) In order to incorporate a district under this chapter, any number of natural persons, not less than three, shall first file an identical written application with the governing body of each county and municipality located in whole or in part within the boundaries of the area or areas to be served by the proposed district, or, if the district is to be a supply district, with the governing body of each county, municipality, and public corporation to be served by the proposed district. Such application shall contain: (1) A statement that the district proposes to render water service, sewer service, and fire protection service or any one or more thereof; (2)(i) A concise legal description of the area or areas in which the district proposes to render water service, sewer service, and fire protection service or any thereof, a designation...
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11-32-4
Section 11-32-4 Certificate of incorporation - Filing; contents; execution. (a) Within 40 days following the adoption of an authorizing resolution by that governing body that was the last to adopt an authorizing resolution, but only if the governing bodies of both the county and the municipality with which applications were filed have theretofore adopted authorizing resolutions, the applicants shall proceed to incorporate an authority by filing for record in the office of the judge of probate of the authorizing county 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 as provided in this chapter. The certificate of incorporation of the authority shall contain 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 county. (2) The name of the authority which shall be "_____ County...
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