11-92B-4
Section 11-92B-4 Application of incorporation. (a) The written application of the incorporators
shall be filed with the judge of probate, which application shall do all of the following:
(1) Contain a statement that the incorporators propose to incorporate an authority pursuant
to this chapter. (2) State the operational area of the proposed authority. (3) State that
each of the incorporators is a resident of the county of incorporation or a municipality whose
corporate limits lie in whole or in part within the operational area of the proposed authority.
(4) Request that the governing body of the county of incorporation 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 this chapter. (5) Request that the governing body of each
municipality whose corporate limits lie in whole or in part within...
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11-47-215
Section 11-47-215 Certificate of incorporation of authorities - Contents. The certificate of
incorporation of the authority shall state: (1) The names of the persons forming the authority,
together with the residence of each person, and that each of them is a duly qualified elector
of at least one of the subdivisions. (2) The name of the authority, which may be a name indicating
in a general way the area proposed to be served by the authority and shall include the words
"Public Park Authority" (e.g., "The _____ Public Park Authority," or "The
Public Park Authority of _____," the blank spaces to be filled in with the name of one
or more of the authorizing subdivisions or other geographically descriptive word or words,
the descriptive word or words shall not, however, preclude the authority from locating facilities
or otherwise exercising its powers in other geographical areas), unless the Secretary of State
shall determine that the name is identical to the name of any other corporation...
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11-92B-20
Section 11-92B-20 Dissolution of authority. (a) If it is determined that it is not possible
for an authority to achieve all of the purposes for which the authority was formed, the authority
may be dissolved by adoption by the board of a resolution that does all of the following:
(1) Determines that it is not possible to achieve all of the purposes for which the authority
was formed. (2) Determines that either all debts and obligations of the authority have been
fully paid or extinguished or that adequate provision has been made for one or more successors
to accept or assume all remaining debts and obligations of the authority, if any, pursuant
to a plan of distribution provided for in its articles of incorporation. (3) Recommends its
dissolution. (b) If it is determined that an authority has achieved all the purposes for which
the authority was formed, the authority shall be dissolved by adoption by the board of a resolution
that does all of the following: (1) Determines that it has...
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11-92B-21
Section 11-92B-21 Exemption from taxation. An authority, including, without limitation, its
property, its income, the bonds and other securities issued by the authority, the interest
applicable thereto, and the income therefrom, and all mortgages, indentures, and other instruments
executed as security therefor, and all deeds and other documents delivered to or by the authority
shall be exempt from all state and local taxation, except sales and use tax, but including,
without limitation, any license or excise taxes imposed on the authority for the privilege
of engaging in any of the activities in which the authority may engage. An authority shall
not be obligated to pay any fees, taxes, or costs to the judge of probate in connection with
the recording or filing of any deed or document. Except as provided in this section, nothing
in this chapter shall be construed to: (1) Exempt any person, individual, corporation, association,
or entity from otherwise applicable state, county, and...
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11-20-71
Section 11-20-71 Board of directors; officers; proceedings; qualifications of directors. (a)
The board of directors of an agriculture authority shall be as specified in the articles and
in accordance with Section 11-20-70. (b) Each agriculture authority shall have a chair, vice
chair, secretary, and treasurer to be elected by the board of directors. The offices of secretary
and treasurer may, but need not, be held by the same person. A majority of the directors shall
constitute a quorum for the transaction of business. The officers and directors shall serve
for the terms provided for in the articles. A director may not draw any salary for any service
rendered or for any duty performed as director. The duties of the chair, vice chair, secretary,
and treasurer shall be those as are customarily performed by such officers and as may be prescribed
by the board of directors from time to time. (c) All directors shall serve until their successors
are duly appointed or until they cease to be...
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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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45-49-90.02
Section 45-49-90.02 Authority to incorporate; participation of municipality. (a) Whenever any
number of natural persons, not less than three, shall file with the governing body of Mobile
County an application in writing for authority to incorporate a public corporation under this
part, which application shall contain the proposed articles of incorporation and bylaws of
the public corporation, and if it shall be made to appear to such governing body that each
of the persons is a duly qualified elector of and owner of property in the county, and if
the governing body of the county shall adopt a resolution which shall be duly entered upon
the minutes of such governing body wherein it shall be found and determined that it is wise,
expedient, necessary, or advisable that such a corporation be formed and that the persons
filing the application shall be authorized to proceed to form such corporation, then the persons
shall proceed to organize such corporation by executing, acknowledging, and...
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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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11-71-3
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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11-86A-11
Section 11-86A-11 Amendment of articles. (a) The articles of an authority may be amended in
the manner provided in this section. The board of directors shall adopt a resolution proposing
an amendment to the articles. The amendment shall be fully set forth in the resolution and
may include any matters that might have been included in the original articles. (b) After
the adoption by the board of directors of a resolution proposing an amendment to the articles,
the chair and the secretary of the authority shall sign and file with the governing body of
the county of incorporation and of each participating municipality a written application in
the name and on behalf of the authority, under its seal, requesting the county and each participating
municipality to adopt a resolution approving the proposed amendment, and accompanied by a
copy of the resolution adopted by the board of directors proposing the amendment to the articles.
The county and each participating municipality shall therein...
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