(a) A public corporation may be organized pursuant to this article in Marengo County. In order to incorporate such a public corporation, any number of natural persons, not less than three, shall first file a written application with either the governing body of the county or the governing body of a municipality in the county which application shall:
(1) Contain a statement that the applicants propose to incorporate an authority pursuant to this article.
(2) State the proposed location of the principal office of the authority, which shall be within the county.
(3) State that each of the applicants is a duly qualified elector of the county.
(4) Request that the governing body of the county or of such municipality adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-46-90.03.
(b)(1) Every such application shall be accompanied by such supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the application with it in accordance with this section, the governing body of the county or of the municipality with which the application was filed shall review the contents of the application and shall adopt a resolution either:
a. Denying the application; or
b. Declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed in accordance with Section 45-46-90.03 to form the proposed authority.
(2) The governing body with which the application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting at which final action upon the application is taken.
Structure Code of Alabama
Article 9 - Economic and Industrial Development and Tourism.
Section 45-46-90 - Legislative Findings.
Section 45-46-90.01 - Definitions.
Section 45-46-90.02 - Filing of Application; Resolution.
Section 45-46-90.03 - Certificate of Incorporation.
Section 45-46-90.04 - Amendments to Certificate of Incorporation.
Section 45-46-90.05 - Board of Directors.
Section 45-46-90.06 - Powers of the Authority.
Section 45-46-90.07 - Charges for Use of Authority Facilities.
Section 45-46-90.08 - Bonds of the Authority.
Section 45-46-90.09 - Power to Contract.
Section 45-46-90.10 - Lien on Pledge of Revenues.
Section 45-46-90.11 - Proceeds From the Sale of Bonds.
Section 45-46-90.13 - Liability for Civil Damages.
Section 45-46-90.14 - Exemption From Taxation.
Section 45-46-90.15 - Freedom of Authority From State Supervision and Control.
Section 45-46-90.16 - Port Director; Administrative Assistant; Other Employees.
Section 45-46-90.17 - Audit of Records.