§ 45-25-7 - Establishment and incorporation of authority.
SECTION 45-25-7
§ 45-25-7 Establishment and incorporationof authority. – (a) If it determines that either or both of the conditions enumerated in §45-25-5 exist, the council shall adopt a resolution so finding (which need notgo into any detail other than the mere finding) and shall cause notice of thedetermination to be given to the mayor, who shall thereupon appoint, asprovided in this section five (5) commissioners to act as an authority. Thecommission shall be a public body and a body corporate and politic upon thecompletion of the taking of the following proceedings:
(b) The commissioners shall present to the secretary of statean application signed by them, which must state (without any detail other thanthe mere recital):
(1) That a notice has been given and public hearing held asprovided in § 45-25-5, that the council determined the validity of thepetition after the hearing, and that the mayor has appointed them ascommissioners;
(2) The name, and official residence, of each of thecommissioners, together with a certified copy of the appointment evidencingtheir right to office, the date and place of induction into and taking oath ofoffice, and that they desire the housing authority to become a public body anda body corporate and politic under this chapter;
(3) The term of office of each of the commissioners;
(4) The name which is proposed for the corporation; and
(5) The location of the principal office of the proposedcorporation.
(c) The application shall be subscribed and sworn to by eachof the commissioners before an officer authorized by the laws of the state totake and certify oaths, who shall certify upon the application that he or shepersonally knows the commissioners and knows them to be the officers asasserted in the application, and that each is subscribed and sworn thereto inthe officer's presence. The secretary of state shall examine the application,and if the secretary finds that the name proposed for the corporation is notidentical with that of a person or of any other corporation of this state or sonearly similar as to lead to confusion and uncertainty, the secretary shallreceive and file it and record it in an appropriate book of record in thesecretary's office.