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4-3-47
Section 4-3-47 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 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, option to 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 property and to sell, exchange, lease or...
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11-88-3
Section 11-88-3 Filing of application for incorporation of authority; adoption of resolution
approving or denying application by county governing body. (a) In order to incorporate an
authority under this chapter, any number of natural persons, not less than three, shall first
file a written application with the governing body of that county in which the area or areas
to be served by the proposed authority is located. Such application shall contain: (1) A statement
that the authority proposes to render water service, sewer service, and fire protection service,
or any one or more thereof; (2) A concise legal description of the area or areas in which
the authority proposes to render water service, sewer service, and fire protection service,
or any thereof; (3) A statement that there is no public water system adequate to serve any
area in which it is proposed that the authority will render water service, that there is no
public sewer system adequate to serve any area in which it is...
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11-88-13
Section 11-88-13 Loans, sales, grants, etc., of money, property, etc., to authority by counties,
municipalities, public corporations, etc. For the purpose of securing water service, sewer
service, or fire protection service or aiding or cooperating with the authority in the planning,
development, undertaking, construction, extension, improvement, operation, or protection of
water systems, sewer systems, and fire protection facilities, any county, municipality, or
other political subdivision, public corporation, agency, or instrumentality of this state
may, upon such terms and with or without consideration, as it may determine: (1) Lend or donate
money to or perform services for the benefit of the authority; (2) Donate, sell, convey, transfer,
lease or grant to the authority, without the necessity of authorization at any election of
qualified voters, any property of any kind, including, but without limitation, any water system,
sewer system, or fire protection facility, any interest in...
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11-89-1
Section 11-89-1 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. A natural person who files a written application with the governing body of
any county or municipality or public corporation or cooperative in accordance with the provisions
of Section 11-89-3. (2) AUTHORIZING RESOLUTION. A resolution, adopted by a governing body
in accordance with the provisions of Section 11-89-3, that authorizes the incorporation of
a district. (3) AUTHORIZING SUBDIVISION. Any county or municipality or public corporation
or cooperative the governing body of which shall have adopted an authorizing resolution. (4)
BOARD. The board of directors of a district. (5) BONDS. Bonds, notes and certificates representing
an obligation to pay money. (6) CONCISE LEGAL DESCRIPTION. A reasonably concise description
of a particular geographic area which may be by metes and bounds or by...
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45-36-252
Section 45-36-252 Definitions. When used in this part, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise.
(1) AUTHORITY. The Jackson County Water Authority, a public corporation organized pursuant
to this part. (2) BOARD. The Board of Directors of the Jackson County Water Authority. (3)
BONDS. Bonds, notes, and certificates representing an obligation to pay money. (4) COUNTY.
Jackson County. (5) DIRECTOR. A member of the Board of Directors of the Jackson County Water
Authority. (6) GARBAGE PICK UP AND DISPOSAL. All services involved in the pick up and disposal
of garbage from residents, businesses, and factories. (7) INCORPORATORS. The persons forming
a public corporation organized pursuant to this part. (8) MUNICIPALITY. An incorporated city
or town of Jackson County. (9) NEW TERRITORY. Any territory added, by amendment to the certificate
of incorporation of an authority, to the area or areas in which that...
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45-25-250
Section 45-25-250 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise.
(1) AUTHORITY. The DeKalb County Water Authority, a public corporation organized pursuant
to this article. (2) BOARD. The Board of Directors of the DeKalb County Water Authority. (3)
BONDS. Bonds, notes, and certificates representing an obligation to pay money. (4) COUNTY.
DeKalb County. (5) DIRECTOR. A member of the Board of Directors of the DeKalb County Water
Authority. (6) GARBAGE PICK-UP AND DISPOSAL. All services involved in the pick-up and disposal
of garbage from residents, businesses, and factories. (7) SEWER SERVICE. The construction,
operation, and maintenance of sewer disposal facilities and lines in areas of the county not
served by any other public sewer facility. (8) INCORPORATORS. The persons forming a public
corporation organized pursuant to this article. (9) MUNICIPALITY. An...
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11-88-5
Section 11-88-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any authority incorporated under the provisions of
this article may at any time and from time to time be amended in the manner provided in this
section. (b)(1) The board of directors of the authority 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: a. A change in the name of the authority; b. The addition
to the service area of the authority of new territory lying within the determining county;
c. Provisions for the operation of a system or facility the operation of which is not then
provided for in the certificate of incorporation of the authority and which the authority
is authorized by this article to operate; d. Any matters which might have been included in
the original certificate of incorporation; e. Provisions for the addition...
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11-89-7
Section 11-89-7 Powers of district generally; power of district to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally.
(a) The district 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 perpetuity, subject to the provisions of Section
11-89-17) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, except as otherwise provided in this chapter, and to defend civil actions
against it; (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, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether...
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45-25-250.04
Section 45-25-250.04 Powers of authority. (a) 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 specified in its
certificate of incorporation. (2) To sue and be sued in its own name in civil actions, except
as otherwise provided in this article, and to defend civil actions against it. (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,
and take, by purchase, gift, lease, devise, or otherwise, and to hold property of every description,
real, personal, or mixed, whether located in one or more counties and whether located within
or outside the service area. (6) To make, enter into, and execute such contracts, agreements,
leases, and other instruments and to take such other actions...
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45-30-250.05
Section 45-30-250.05 Powers of authority. (a) The authority shall have the following corporate
powers, and all incidental or necessary powers thereto, either separately or in combination
with any other system, service, or facility referred to in this section: (1) To have succession
by its corporate name for the duration of time specified in its certificate of incorporation.
(2) To sue and be sued in its own name in civil actions, except as otherwise provided in this
act, and to defend civil actions against it. (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, or take, by purchase, gift, lease, devise,
or otherwise, and to hold property of every description, real, personal, or mixed, whether
located in one or more counties and whether located within or outside the service area. (6)
To make, enter into, and execute contracts, agreements,...
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