22-21-132
Section 22-21-132 Incorporation - Application; resolution. Whenever any number of natural persons,
not less than three, shall file with the governing body an application in writing for permission
to incorporate a public corporation under the provisions of this article, if it shall be made
to appear to the governing body that each of the said persons is a duly qualified elector
of, and property owner in, the municipality and if the governing body shall duly adopt a resolution
wherein it shall be declared that it will be wise, expedient and necessary that such a public
corporation be formed and that the persons filing such application shall be authorized to
proceed to form such public corporation, then the said persons shall become the incorporators
of and shall proceed to incorporate the authority in the manner provided in this article.
No corporation shall be formed under this article unless the application provided for in this
section shall be made and unless the resolution provided...
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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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11-92C-6
Section 11-92C-6 Board of directors to govern each authority. (a) All powers of an authority
shall be exercised by the board or pursuant to its authorization. The board shall consist
of three or more directors, who shall be elected by the governing body of the authorizing
subdivision for staggered terms as provided in this section. (b) At the time of the election
of the first board, the governing body of the authorizing subdivision shall divide the directors
into three groups containing as nearly equal whole numbers as may be possible. The governing
body of the authorizing subdivision shall specify for which term each director is elected.
The initial term of office of the first group shall be two years. The initial term of office
of the second group shall be four years. The initial term of office of the third group shall
be six years. (c) Thereafter, the term of office of each director shall be six years. If at
the expiration of any term of office of any director a successor has not...
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11-94-1
Section 11-94-1 Definitions. Whenever used in this chapter, unless the context plainly indicates
otherwise, the present term shall include the future term, the singular shall include the
plural, the plural shall include the singular, the masculine shall include the feminine, and
the following words and phrases shall have the following meanings respectively ascribed to
them by this section: (1) AUTHORITY. A nonprofit public corporation organized pursuant to
the provisions of this chapter. (2) AUTHORIZING SUBDIVISION. Any county or municipality to
which application has been made for authority to incorporate an authority under this chapter.
(3) BOARD. The board of directors of an authority. (4) DIRECTOR. A member of the board of
directors of an authority. (5) COUNTY. Any county in this state that abuts on a navigable
river or through which a navigable river runs. (6) GOVERNING BODY. With respect to a county,
the county commission and, with respect to a municipality, the council,...
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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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11-89A-5
Section 11-89A-5 Amendments to certificate of incorporation. The certificate of incorporation
of any authority incorporated under the provisions of this chapter may at any time and from
time to time 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 said resolution and which amendment may include any matters which might
have been included in the original certificate of incorporation. After the adoption by the
board of a resolution proposing an amendment to the certificate of incorporation of the authority,
the chairman of the board 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 each determining subdivision, requesting such governing body to adopt a resolution
approving the proposed amendment, and accompanied by a certified copy of...
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11-101A-5
Section 11-101A-5 Amendment to certificate of incorporation. (a) The certificate of incorporation
of any authority incorporated under this chapter may at any time, and from time to time, be
amended, but only in the manner provided in this section. The board shall first adopt a resolution
proposing an amendment to the certificate of incorporation of the authority, which amendment
shall be set forth in full in the resolution and which amendment may include any matters that
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 and the secretary of the authority shall sign and file,
with the governing body of each authorizing subdivision, a written application in the name
and on behalf of the authority, requesting the governing body to adopt a resolution approving
the proposed amendment, and accompanied by a certified copy...
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11-32-3
Section 11-32-3 Incorporation as a public corporation; applications. (a) One or more public
corporations may be organized pursuant to this chapter in a county having a population of
not less than 600,000 according to the last or any subsequent federal decennial census. Once
incorporated under or governed by this chapter, each corporation shall continue to be subject
to this chapter, even if the population of the county falls below 600,000. In order to incorporate
as a public corporation, any number of natural persons, not less than three, shall first file
a written application with the governing body of the county and with the governing body of
the municipality in the county having the largest population according to the most recent
federal decennial census, which applications shall include all of the following: (1) A statement
that the authority proposes to render public transportation service in the county. (2) The
proposed location of the principal office of the authority, which...
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11-92C-5
Section 11-92C-5 Amendments to certificate of incorporation. (a) The certificate of incorporation
of an authority incorporated under this chapter may at any time and from time to time 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 set forth in full in the resolution.
The 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 an authority, the chair of the board 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 subdivision, requesting
the governing body to adopt a resolution approving the proposed amendment, and accompanied
by a certified copy of the resolution adopted by the...
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45-49A-64.06
Section 45-49A-64.06 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 pursuant to its authorization.
The board shall consist of six directors. Each director shall be elected by the governing
body of the authorizing municipality. The initial term of office of three of the directors
elected by the governing body of the authorizing municipality shall begin immediately upon
their election and shall end at 12:01 a.m., on the second anniversary of the date of the filing
for record of the certificate of incorporation of the authority. The initial term of office
of the remaining directors elected by the governing body of the municipality shall begin immediately
upon their election and shall end at 12:01 a.m. on the fourth anniversary date of such filing.
Thereafter, the term of office of each such director shall be six years. If at any time there
should be a vacancy on the board, a successor director...
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