22-23A-5
Section 22-23A-5 Application to become corporation; filing and recordation; certificate of
incorporation; officers; board of directors; record of proceedings. (a) To become a corporation,
the Governor, the director of the department, the Director of Finance, and the two legislators
appointed to the authority in Section 22-23A-3 shall present to the Secretary of State of
Alabama an application signed by them which shall set forth: (1) The name, official designation
and official residence of each of the applicants, together with a certified copy of the commission
evidencing each applicant's right to office; (2) The date on which each applicant was inducted
into office and the term of office of each of the applicants; (3) The name of the proposed
corporation, which shall be the "Alabama Water System Assistance Authority"; (4)
The location of the principal office of the proposed corporation; and (5) Any other matter
relating to the incorporation which the applicants may choose to insert...
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11-89-18
Section 11-89-18 Existence of district not to prevent subsequent incorporation, etc., of another
district. The existence of one or more districts incorporated under the provisions of this
chapter shall not prevent the subsequent incorporation under this chapter of another district
or the amendment of the certificate of incorporation of another district pursuant to authority
granted by the same county, counties, municipality or municipalities, public corporation or
public corporations, or by the same combination thereof, even though the service area described
in the certificate of incorporation, as originally filed or amended, of any existing district
may include territory that lies within the proposed service area of a district that is proposed
to be incorporated under this chapter or that proposes to amend its certificate of incorporation
under this chapter. (Acts 1970, Ex. Sess., No. 29, p. 2630, §19; Acts 1989, No. 89-745, p.
1494, §9.)...
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11-99B-5
Section 11-99B-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any district may at any time and from time to time
be amended in the manner provided in this section. (b)(1) The board shall first adopt a resolution
proposing an amendment to the certificate of incorporation which shall be set forth in full
in the said resolution and which amendment may include, without limitation: a. A change in
the name of the district. b. The addition to the project or projects of the district of a
new project or projects and the proposed location thereof. c. Any matters which might have
been included in the original certificate of incorporation, or any change in any such matters.
(2) If any proposed amendment would add any new county, municipality, or public corporation
as a member of a district, such proposed amendment shall include, in addition: a. Provisions
for election of at least one director by the governing body of each such...
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10A-2A-10.03
Section 10A-2A-10.03 Amendment by board of directors and stockholders. If a corporation has
issued stock, an amendment to the certificate of incorporation shall be adopted in the following
manner: (a) The proposed amendment shall first be adopted by the board of directors. (b) Except
as provided in Sections 10A-2A-10.05, 10A-2A-10.07, and 10A-2A-10.08, the amendment shall
then be approved by the stockholders. In submitting the proposed amendment to the stockholders
for approval, the board of directors shall recommend that the stockholders approve the amendment,
unless (i) the board of directors makes a determination that because of conflicts of interest
or other special circumstances it should not make a recommendation, or (ii) Section 10A-2A-8.26
applies. If either (i) or (ii) applies, the board of directors must inform the stockholders
of the basis for its so proceeding. (c) The board of directors may set conditions for the
approval of the amendment by the stockholders or the...
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11-89-33
Section 11-89-33 Clarification of powers. (a) In addition to the powers granted to the special
corporation, it is provided that if the special corporation is to operate a sewer system to
provide for the collection, transportation, treatment, storage, or disposal of solid wastes,
such a system may include, in addition to the facilities set out in the definition of "sewer
system" in Section 11-89-1, barges, boats, towboats, transfer facilities, and such licenses,
grants, agreements, contracts, and franchises as may be necessary or desirable for the conduct
of the system. Also, the special corporation may contract with any municipality located in
whole or in part in any county in which any part of the service area of the special corporation
lies, for the collection, transfer, transportation, treatment, storage, or disposal by the
special corporation of solid wastes within the municipality. (b) The certificate of incorporation
may incorporate by reference and grant to the special...
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45-29-90.03
Section 45-29-90.03 Certificate of incorporation. (a) To become a corporation, the persons
who are designated to become members of the initial board of directors of the authority, as
provided in Section 45-29-90.02, shall present to the Judge of Probate of Fayette County,
a certificate of incorporation signed by them which shall contain all of the following: (1)
The name and official residence of each of the persons. (2) The term of office of each of
the persons as such directors. (3) The name of the proposed corporation which shall be the
Tom Bevill Reservoir Management Area Authority. (4) A concise legal description of the areas
included in the Tom Bevill Reservoir Management Area. (5) The location of the principal office
of the proposed corporation which shall be in Fayette County. (6) Any other matter relating
to the incorporation that the persons may choose to insert and which is not inconsistent with
this article or the laws of the State of Alabama. (b) The certificate of...
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9-8-23
Section 9-8-23 Creation and incorporation of districts; increase or decrease in boundaries;
reorganization; change of name. (a) Any 25 owners of land lying within the limits of the territory
proposed to be organized into a district may file a petition with the State Soil and Water
Conservation Committee asking that a soil and water conservation district be organized to
function in the territory described in the petition. Such petition shall set forth: (1) The
proposed name of said district; (2) That there is need in the interest of the public health,
safety and welfare for a soil and water conservation district to function in the territory
described in the petition; (3) A description of the territory proposed to be organized as
a district, which description shall not be required to be given by metes and bounds or by
legal subdivisions but shall be deemed sufficient if generally accurate; and (4) A request
that the State Soil and Water Conservation Committee duly define the boundaries...
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11-50-523
Section 11-50-523 Amendment of certificate of incorporation. Whenever the board shall deem
it desirable to amend the certificate, it may do so in the following manner: The board shall
adopt a resolution declaring the proposed amendment to be desirable and specifying the matters
of such amendment and providing for the filing with the Secretary of State of such amendment.
In the event the proposed amendment provides for the addition of territory to be served by
the corporation, the resolution shall describe generally the boundaries of such additional
territory, which shall not include any territory served by an existing utility unless consent
to the inclusion in the proposed amendment of the territory served by the existing utility
shall be given by the owner of each utility in such additional territory. Following the adoption
of such resolution, the officers of the corporation designated by the board for such purpose
shall than execute a report of such amendment which shall set forth...
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11-54B-48
Section 11-54B-48 Collection of special assessment. (a) The self-help business improvement
district ordinance adopted by the municipality pursuant to Section 11-54B-46 shall provide
that the special assessment levied on the owners of the real property located within the geographical
area of the district shall be collected by the district management corporation, by the offices
of the municipal revenue department, or by the offices of the revenue commissioner, who may
be compensated for the service. Except in the case of an assessment against a designated class
of business, the ordinance shall also provide that the amount of any outstanding special assessment
levied on a parcel of real property, together with any accrued interest and penalties, shall
constitute a lien on the property. The lien shall take precedence over all other liens, whether
created prior or subsequent to the date of the special assessment, except a lien for any of
the following: (1) State, county, or municipal taxes....
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11-99B-3
Section 11-99B-3 Filing of application for incorporation of district; adoption of resolutions
approving or denying application 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, municipality, and public
corporation proposed to be a member of the proposed district. Such application shall contain:
(1) A statement of each project that the district proposes to acquire or construct. (2) A
general description of the area or areas in which the district proposes to acquire or construct
such project or projects, and the name of each county, municipality, and public corporation
proposed to be a member of the district. (3) A proposed total number of directors, which shall
be at least equal to the total number of counties and municipalities, and public corporations
with the governing bodies of which such application is filed, but...
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