11-89A-4
Section 11-89A-4 Incorporation procedure; contents, execution, and filing of certificate of
incorporation; notice to Secretary of State. (a) Within 40 days following the adoption of
an authorizing resolution (or, if there is more than one, the last adopted thereof), 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 principal office of the authority is to be 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 provided in this
chapter and shall also be in the form theretofore approved by the governing body of each determining
subdivision. (b) 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 determining subdivision (or, if there is more than one, at least...
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11-92C-4
Section 11-92C-4 Procedure to incorporate; contents and execution of certificate of incorporation.
(a) Within 40 days following the adoption of the authorizing resolution, the applicants shall
proceed to incorporate the authority by filing for record in the office of the judge of probate
of the county in which the proposed local redevelopment area 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 provided in this section. (b) The certificate of
incorporation of an 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 residing in the authorizing
subdivision. (2) The name of the authority, which shall include the local redevelopment authority.
(3) A general description of the proposed project. (4) The period for the duration of the
authority; subject to Section...
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15-18-179
Section 15-18-179 Application for incorporation; certificate of incorporation; amendment; board
of directors; dissolution; funding; competitive bidding laws not applicable. (a) A public
corporation may be organized as a community punishment and corrections authority pursuant
to this article in any county or group of counties located in one or more judicial circuits.
In order to incorporate the public corporation, any number of natural persons, not less than
three, who are duly qualified electors of a proposed county or counties shall first file a
written application with the county commission or any two or more thereof. The application
shall contain all of the following: (1) The names of each county commission with which the
application is filed. (2) A statement that the applicants propose to incorporate an authority
pursuant to this article. (3) The proposed location of the principal office of the authority.
(4) A statement that each of the applicants is a duly qualified elector of...
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11-71-3
Section 11-71-3 Creation of Neighborhood Infrastructure Authority. (a) A municipality of this
state may authorize the creation of a Local Neighborhood Infrastructure Authority to manage,
coordinate, and collect voluntary assessments from homeowners and business owners to participate
in revitalization projects in their respective neighborhoods. If at least 80 percent of the
property tax assessable homeowners and/or business owners sign a petition to allow the formation
of an authority, the petition shall be reviewed by the municipality. (b) One or more owners
of land wishing to form an authority in a municipality may petition the municipality to form
an authority as follows: (1) The owners shall prepare a written petition executed by 80 percent
of the owners of property of all land proposed to be included within the authority. (2) The
petition shall include a description of the tract or tracts of land proposed to be included
within the authority, which may include less than all of any...
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11-92B-13
Section 11-92B-13 Liability for indebtedness. Neither the county of incorporation nor any municipality
whose corporate limits lie in whole or in part within the operational area of the authority,
nor any member or officer of the county of incorporation or any such municipality, shall be
liable for the payment of any indebtedness of the authority or for the performance of any
pledge, mortgage, obligation, bond, or agreement of any kind whatsoever which may be undertaken
by the authority. No indebtedness of an authority, pursuant to any of its agreements or obligations
shall be construed to constitute an indebtedness of the county of incorporation or any municipality
within the meaning of any law whatsoever, unless the county of incorporation or municipality
shall expressly obligate itself thereto. (Act 2009-337, p. 569, §13.)...
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11-92B-7
Section 11-92B-7 Board of directors. (a) The authority shall operate under the direction of
a board of directors which shall consist of voting members selected as follows: (1) One member
appointed by the Governor. (2) Five members appointed by the governing body of each municipality
whose corporate limits lie in whole or in part within the operational area of the authority.
(3) Five members appointed by the governing body of the county of incorporation. (b) A vacancy
occurring on the board for any reason shall be filled within 30 days of the vacancy by the
appointing authority making the initial appointment. If the appointing authority that made
the initial appointment does not fill the vacancy within 30 days, the remaining appointing
authorities shall make the appointment. (c) Initial appointments to the board shall be made
within 30 days following the effective date of the incorporation. The Governor's initial appointee
shall serve a three-year term. Each governing body of a...
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11-20-73
Section 11-20-73 Powers of authority; execution of contracts; disposition of funds. (a) An
agriculture authority shall have the following powers, which it may exercise in the agriculture
authority's authorized operational area: (1) To have succession by its corporate name until
dissolved as provided in this article. (2) To adopt bylaws making provisions for its actions
not inconsistent with this article. (3) To institute and defend legal proceedings in any court
of competent jurisdiction and proper venue; provided, however, that the board may not be sued
in any trial court other than the courts of the county of incorporation; provided, further,
that the officers, directors, agents, and employees of an agriculture authority may not be
sued for their actions in behalf of the authority except for actions that are unreasonable
or known by the person to be unlawful or are performed with reckless disregard for the lawfulness
of such actions. (4) To plan for construction and development of an...
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11-92B-18
Section 11-92B-18 Oversight committee. The affairs and operations of an authority shall be
supervised and monitored by an oversight committee. The committee shall be composed of all
the members of the legislative delegation from the county of incorporation, as well as the
members of the governing bodies of the county of incorporation and all municipalities whose
corporate limits lie in whole or in part within the operational area of the authority. The
chair of the oversight committee shall be a member of the legislative delegation elected by
the oversight committee. The oversight committee shall meet not less often than semiannually,
and otherwise at the call of its chair or a majority of its membership. The approval of the
oversight committee shall not be essential to the validity of any action taken by the board
in the exercise of any of the powers granted an authority in this chapter. The oversight committee
shall be dissolved upon the dissolution of the authority. (Act 2009-337, p....
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11-92B-10
Section 11-92B-10 Powers and duties of authority. An authority shall have the following powers
and duties together with all powers and duties incidental thereto or necessary to the discharge
thereof: (1) To sue or be sued and to prosecute and defend in any court of competent jurisdiction.
(2) To adopt and to use a corporate seal and to alter the seal at pleasure. (3) To adopt and
alter bylaws for the regulation and conduct of its affairs and business. (4) With respect
to property within the operational area of the authority, to acquire, receive, and take title
to by purchase, gift, lease, devise, or otherwise, to hold, keep, improve, maintain, and impose
restrictive covenants and land use controls, to engage in environmental remediation and restoration
efforts as required under applicable agreements with the United States Department of Defense,
to equip, furnish, develop, and to transfer, convey, donate, sell, lease, grant options to,
assign, encumber with easements and mortgages and...
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4-3-11
Section 4-3-11 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 suits and 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, 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 undeveloped property owned, leased or controlled by...
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