17-17-309 - Incorporation of authority.
§ 17-17-309. Incorporation of authority.
(1) Within forty (40) days following the adoption of the final authorizing resolution, the designated representatives shall proceed to incorporate an authority by filing for record in the office of the chancery clerk of the participating counties and the Secretary of State an incorporation agreement approved by each member. The agreement shall comply in form and substance with the requirements of this section and shall be executed in the manner provided in Sections 17-17-301 through 17-17-349.
(2) The incorporation agreement of an authority shall state:
(a) The name of each participating unit of local government and the date on which the governing bodies thereof adopted an authorizing resolution;
(b) The name of the authority which must include the words ". . . . . . . . Solid Waste Management Authority," or "The Solid Waste Management Authority of . . . . . . . . . .," the blank spaces to be filled in with the name of one or more of the members or other geographically descriptive term. If the Secretary of State determines that the name is identical to the name of any other corporation organized under the laws of the state or so nearly similar as to lead to confusion and uncertainty, the incorporators may insert additional identifying words so as to eliminate any duplication or similarity;
(c) The period for the duration of the authority;
(d) The location of the principal office of the authority which shall be within the boundaries of the members;
(e) That the authority is organized pursuant to Sections 17-17-301 through 17-17-349;
(f) The board setting forth the number of commissioners, terms of office and the vote of each commissioner;
(g) If the exercise by the authority of any of its powers is to be in any way prohibited, limited or conditioned, a statement of the terms of such prohibition, limitation or condition;
(h) Any provisions relating to the vesting of title to its properties upon its dissolution which shall be vested in any member; and
(i) Any other related matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with Sections 17-17-301 through 17-17-349 or with the laws of the state.
(3) The incorporation agreement shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgements. When the incorporation agreement is filed for record, there shall be attached to it a certified copy of the authorizing resolution adopted by the governing body of each member.
(4) The incorporators shall publish a notice of incorporation once a week for two (2) successive weeks in a daily newspaper or newspapers having general circulation throughout the region to be served.
(5) Upon the filing for record of the agreement and the required documents, the authority shall come into existence and shall constitute a public corporation under the name set forth in the incorporation agreement. The Secretary of State shall thereupon issue a certificate of incorporation to the authority.
Sources: Laws, 1991, ch. 581, § 5, eff from and after passage (approved April 12, 1991).