11-88-5.1
Section 11-88-5.1 Ratification of amendment. Any action heretofore taken and approved by a
majority vote of the board of directors of any water, sewer, or fire protection authority,
and found and determined to be true by the governing body of each county in which any part
of the said authority's then existing service area lies, providing for an amendment to the
authority's certificate of incorporation increasing the number of members of said authority's
board of directors, is hereby authorized, ratified, and confirmed regardless of any defects,
mistakes, errors, or ambiguities in the authorization thereof or in the provisions of law
respecting amendments to certificates of incorporation of water, sewer, and fire protection
authorities. (Acts 1991, No. 91-599, p. 1102, §3.)...
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11-88-5
Section 11-88-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any authority incorporated under the provisions of
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
and which amendment may include: a. A change in the name of the authority; b. The addition
to the service area of the authority of new territory lying within the determining county;
c. Provisions for the operation of a system or facility the operation of which is not then
provided for in the certificate of incorporation of the authority and which the authority
is authorized by this article to operate; d. Any matters which might have been included in
the original certificate of incorporation; e. Provisions for the addition...
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11-89-1
Section 11-89-1 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. A natural person who files a written application with the governing body of
any county or municipality or public corporation or cooperative in accordance with the provisions
of Section 11-89-3. (2) AUTHORIZING RESOLUTION. A resolution, adopted by a governing body
in accordance with the provisions of Section 11-89-3, that authorizes the incorporation of
a district. (3) AUTHORIZING SUBDIVISION. Any county or municipality or public corporation
or cooperative the governing body of which shall have adopted an authorizing resolution. (4)
BOARD. The board of directors of a district. (5) BONDS. Bonds, notes and certificates representing
an obligation to pay money. (6) CONCISE LEGAL DESCRIPTION. A reasonably concise description
of a particular geographic area which may be by metes and bounds or by...
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11-88-1
Section 11-88-1 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. A natural person who files a written application with the governing body of
any county in accordance with the provisions of Section 11-88-3. (2) AUTHORITY. A public corporation
organized pursuant to the provisions of this article. (3) BOARD. The board of directors of
an authority. (4) BONDS. Bonds, notes, and certificates representing an obligation to pay
money. (5) CONCISE LEGAL DESCRIPTION. A reasonably concise description of a particular geographic
area which may be by metes and bounds or by reference to government surveys, recorded maps
and plats, municipal, county, or state boundary lines, well-defined landmarks and other monuments,
or any combination of the foregoing. (6) COUNTY. Any county in the state. (7) DETERMINING
COUNTY. Any county the governing body of which shall have made...
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11-88-6
Section 11-88-6 Board of directors. (a) Each 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 board shall consist initially of three directors, elected, as soon as may be practicable
after the organization of the authority, by the governing body of the determining county for
staggered terms as follows: The first term of one director shall begin immediately upon the
director's election and shall end at noon on March 1 of the next succeeding odd-numbered calendar
year following the election; the first term of another director shall begin immediately upon
his or her election and shall end at noon on March 1 of the second succeeding odd-numbered
calendar year following the election; and the first term of the remaining director shall begin
immediately upon his or her election and shall end at noon on March 1 of the third succeeding
odd-numbered calendar year following the election....
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11-89-19
Section 11-89-19 Provisions of chapter as to incorporation of district, acquisition of property,
issuance of bonds, etc., exclusive; jurisdiction over and regulation of district, etc., by
State Board of Health, Public Service Commission, etc. Except as expressly otherwise provided
in this chapter, no proceeding, notice, or approval shall be required for the incorporation
of any district or the amendment of its certificate of incorporation, the acquisition of any
property, water system, sewer system, or fire protection facility or the issuance of any bonds,
mortgage and deed of trust or trust indenture; provided, however, that nothing contained in
this section shall be construed to exempt any district from the jurisdiction of the State
Board of Health. The district, every water system, sewer system, or fire protection facility
of the district and the rates and charges thereof shall be exempt from all jurisdiction of
and all regulation and supervision by the Public Service Commission and...
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45-25-250.03
Section 45-25-250.03 Board of directors. The board of directors shall consist of seven directors
that shall be appointed by the members of the state Legislature that represent all or any
portion of DeKalb County for terms of four years. Provided, however, that initial appointments,
as designated by the appointing authority, shall be made so that two directors shall serve
for two years, two directors for three years, and three directors for four years, so that
the terms of the directors are staggered. All directors shall serve until their successors
are appointed and assume office. As soon as may be practicable after the organization of the
authority, an election shall be held by the board of directors to elect a chair, vice chair,
and a secretary-treasurer. Every two years thereafter, the board shall likewise reorganize
itself. No chair or other board officer shall serve more than two consecutive terms as chair
or other board officer. Upon the expiration of the initial terms, directors...
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45-29-140.03
Section 45-29-140.03 Amendment of 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 and which amendment may include: a. A change
in the name of the authority. b. The addition to the service area of the authority of new
territory lying within Fayette County. c. Provisions for the operation of a system or facility
the operation of which is not then provided for in the certificate of incorporation of the
authority and which the authority is authorized by this article to operate. d. Any matters
which might 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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45-38-141.03
Section 45-38-141.03 Amendment of certificate of incorporation. (a) The certificate of incorporation
of the authority incorporated under this part 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 and which amendment may include any or all 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 Lamar County. c. Provisions for the operation
of a system or facility the operation of which is not then provided for in the certificate
of incorporation of the authority and which the authority is authorized by this part to operate.
d. Any matters which might have been included in the original certificate of incorporation.
e. Provisions for the addition to the service area of the...
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45-47-250.03
Section 45-47-250.03 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 and which amendment may include: a. A change
in the name of the authority. b. The addition to the service area of the authority of new
territory lying within Marion County. c. Provisions for the operation of a system or facility
the operation of which is not then provided for in the certificate of incorporation of the
authority and which the authority is authorized by this article to operate. d. Any matters
which might have been included in the original certificate of incorporation. e. Provisions
for the addition to the service area of the authority of new...
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