Section 22-21-313

Section 22-21-313Application for incorporation of authority; authorizing resolution.

(a) In order to incorporate an authority, any number of natural persons, not less than three, shall first file a written application with the governing body of any county, municipality, or educational institution, or any two or more thereof, which application shall:

(1) Recite the name of each county, municipality, and educational institution with the governing body of which such application is being filed;

(2) Contain a statement that the applicants propose to incorporate an authority pursuant to the provisions of this article;

(3) State either a. where the authorizing subdivision is a county or municipality, that each of the applicants is a duly qualified elector of the authorizing subdivision (or, if there is more than one, at least one thereof) or b. where the authorizing subdivision is an educational institution, that each of the applicants is a duly qualified elector of the state; and

(4) Request that the governing body of such authorizing subdivision adopt a resolution declaring that it is wise, expedient and necessary that the proposed authority be formed, approving its certificate of incorporation and authorizing the applicants to proceed to form the proposed authority by filing for record a certificate of incorporation in accordance with the provisions of Section 22-21-314.



Every such application shall be accompanied by the form of certificate of incorporation of the proposed authority and by such other supporting documents as the applicants may consider appropriate.



(b) As promptly as may be practicable after the filing of the aforesaid application with it in accordance with the preceding provisions of this section, the governing body of each authorizing subdivision with which the application was filed shall review the contents of the application and the accompanying form of certificate of incorporation and shall adopt a resolution either:

(1) Denying the application; or

(2) Declaring that it is wise, expedient and necessary that the proposed authority be formed, approving the form of its certificate of incorporation and authorizing the applicants to proceed to form the proposed authority by filing for record such a certificate of incorporation in accordance with the provisions of Section 22-21-314.



While it shall not be necessary that any such resolution be published in any newspaper or posted, the governing body of each authorizing subdivision with which the application is filed shall cause a copy of the application (and accompanying documents) to be included in the aforesaid resolution or otherwise spread upon or made a part of the minutes of the meeting thereof at which final action thereon is taken. Except as otherwise provided in Section 22-21-341, no authority shall be formed hereunder unless the application required by this section shall be made and unless an authorizing resolution for which provision is made in this section shall be adopted by each authorizing subdivision.

(Acts 1982, No. 82-418, p. 629, §4; Act 2003-249, p. 606, §1.)