11-95-2
Section 11-95-2 Definitions. The following words and phrases used in this chapter, and others
evidently intended as the equivalent thereof, shall, in the absence of clear implication herein
otherwise, be given the following respective interpretations herein and shall, except where
the context otherwise requires, be deemed to cover both singular and plural: (1) ALTERNATING
DIRECTOR. The director initially elected by the governing body of the authorizing municipality
and thereafter alternately by the governing bodies of the authorizing county and the authorizing
municipality. (2) APPLICANT. A natural person who files a written application with the governing
body of any county and with the governing body of any municipality located wholly or partially
within such county in accordance with the provisions of Section 11-95-3. (3) AUTHORIZING COUNTY.
Any county the governing body of which shall have adopted an authorizing resolution. (4) AUTHORIZING
MUNICIPALITY. Any municipality the...
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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household
exemptions; state regulatory program. (a) Generally. (1) The county commission or municipal
governing body may, and is hereby authorized to, make available to the general public collection
and disposal facilities for solid wastes in a manner acceptable to the department. The county
commission or municipal governing body may provide such collection or disposal services by
contract with private or other controlling agencies and may include house-to-house service
or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable
(generally less than eight miles) distance from the farthest affected household and the wastes
managed in a manner acceptable to the department. (2) Any county commission or municipal governing
body providing services to the public under this article shall have the power and authority
by resolution or ordinance to adopt rules and...
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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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11-99B-4
Section 11-99B-4 Filing of certificate of incorporation and copies of resolutions of governing
bodies with judge of probate; contents and execution of certificate of incorporation; notification
of Secretary of State of recordation of certificate of incorporation by judge of probate.
(a) 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 incorporation
which shall comply with the requirements of this section and which shall be in the form and
executed in the manner provided in this section. (b) The...
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11-32-5
Section 11-32-5 Certificate of incorporation - Amendment. (a) The certificate of incorporation
of any authority incorporated under or governed by this chapter may be amended in the manner
provided in this section. The board 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 matters which might have been included in the original certificate
of incorporation. (b) After the adoption by the board of a resolution proposing an amendment
to the certificate of incorporation of the authority, the chair of the board or executive
director of the authority and the secretary of the authority shall sign and file a written
application in the name of and on behalf of the authority, under its seal, with the governing
body of the authorizing county and with the governing body of the principal municipality,
requesting each governing body to adopt a resolution approving the...
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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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4-3-5
Section 4-3-5 Board of directors of authority. Each authority shall be governed by a board
of directors of three or more members, selected as provided herein. If the sole authorizing
subdivision is a county, the governing body of said county shall elect all members, the number
of such members to be set out in the certificate of incorporation of said authority. In all
other cases, one member shall be elected by the governing body of each authorizing subdivision,
one member shall be elected by the governing body of the county in which is located the principal
office of the authority specified in the certificate of incorporation, if such county is not
an authorizing subdivision, and one additional member shall be agreed to and elected by the
governing bodies of all the authorizing subdivisions and the governing body of said county
in which is located the principal office of the authority specified in the certificate of
incorporation. Each member elected by the governing body of one of the...
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11-92A-11
Section 11-92A-11 Amendment of articles. (a) The articles of any authority may at any time
and from time to time be amended in the manner provided in this section. The board of directors
shall first adopt a resolution proposing an amendment to the articles, which amendment shall
be set forth in full in the said resolution and which may include any matters that might have
been included in the original articles. Such amendment may be made for the sole purpose of
altering, in accordance with the provisions of this chapter, the authorized operational area
of the authority. (b) After the adoption by the board of directors of a resolution proposing
an amendment to the articles, the chairman and the secretary of the authority shall sign and
file with the governing body of each county within the existing authorized operational area
of the authority, and with the governing body of each county proposed to be added to the authorized
operational area of the authority, if any, a written application...
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22-51-8
Section 22-51-8 Board of directors - Composition; appointment, qualifications, terms and compensation
of members; vacancies; executive committee. Each corporation shall be governed by a board
of directors of nine or more members, selected as provided in this section. Each governing
body which authorized the formation of the corporation shall appoint three members of the
said board of directors; provided, that if the area to be served by the corporation shall
be located wholly within an area governed by a single governing body, the said governing body
shall appoint nine members to the said board; provided further, that if the said area to be
served shall be located wholly within an area governed by at least two, but not more than
two, governing bodies, or if the formation of the board was authorized by only two governing
bodies, each of the said governing bodies shall be entitled to appoint at least five members
of the said board, or such other number as may be provided by the...
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41-10-140
Section 41-10-140 Board of directors; appointment, terms, vacancies, reappointment, expenses,
removal, etc. Each authority shall be governed by a board of directors consisting of three
directors, all of whom shall be persons of good moral character, duly qualified electors of
the state and residents of the area of operation of the authority. All powers of an authority
shall be exercised by the board or pursuant to its authorization. If the area of operation
of an authority shall be wholly within the corporate limits of any municipality, the directors
of that authority shall be appointed by the governing body of that municipality. If the area
of operation of an authority shall be wholly within a single county, the directors of that
authority shall be appointed by the governing body of that county. If the area of operation
of an authority shall be larger than any single county, the directors of that authority shall
be appointed by the Governor. Whenever the appointment of directors of...
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