Section 45-49A-64.02 – Use of Phrases.
Section 45-49A-64.02 Use of phrases. (a) The following provisions shall be applied wherever appropriate herein: Herein, hereby, hereunder, hereof, and other equivalent words refer to this part as an entirety and not solely to the particular section or portion thereof in which any such word is used. (b) The definitions set forth in Section 45-49A-64.01 […]
Section 45-49A-64.03 – Filing of Application; Authorization of Incorporation.
Section 45-49A-64.03 Filing of application; authorization of incorporation. (a) A public corporation may be organized pursuant to this part in any municipality having a population of not less than 175,000 nor more than 250,000 according to the last or any subsequent federal decennial census. In order to incorporate such a public corporation, any number of […]
Section 45-49A-64.04 – Procedure to Incorporate; Contents and Execution of Certificate of Incorporation.
Section 45-49A-64.04 Procedure to incorporate; contents and execution of certificate of incorporation. (a) Within 40 days following the adoption of an authorizing resolution by the governing body, the applicants shall proceed to incorporate an authority by filing for record in the office of the judge of probate of the county in which the municipality is […]
Section 45-49A-64.05 – Amendments to Certificate of Incorporation.
Section 45-49A-64.05 Amendments to certificate of incorporation. (a) The certificate of incorporation of any authority incorporated under this part may at any time and from time to time be amended in the manner provided in this section. The board of directors of the authority shall first adopt a resolution proposing an amendment to the certificate […]
Section 45-49A-64.06 – Board of Directors.
Section 45-49A-64.06 Board of directors. (a) Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board pursuant to its authorization. The board shall consist of six directors. Each director shall be elected by the governing body of the authorizing municipality. The initial term of […]
Section 45-49A-64.07 – Powers of Authority.
Section 45-49A-64.07 Powers of authority. 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 perpetual, subject to Section 45-49A-64.19) specified in its certificate of incorporation. (2) […]
Section 45-49A-63.123 – Duties of Board.
Section 45-49A-63.123 Duties of board. (a) The members of the board shall elect a chair from their number; may appoint from their number such subcommittees with such powers as they shall determine; may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their […]
Section 45-49A-63.190 – Nonalienation.
Section 45-49A-63.190 Nonalienation. Except as required by any applicable law, no benefit under the plan shall in any manner be anticipated, assigned, or alienated, and any attempt to do so shall be void. (Act 97-689, p. 1379, §11(10.01).)
Section 45-49A-63.124 – Establishment of Rules.
Section 45-49A-63.124 Establishment of rules. Subject to the limitations of the plan, the board from time to time shall establish rules for the administration of the plan and the transaction of its business. The board shall have discretionary authority to interpret the plan and to make factual determinations including, but not limited to, determination of […]
Section 45-49A-63.125 – Meetings.
Section 45-49A-63.125 Meetings. (a) The board shall meet not less than once each month and at such other times as may be considered necessary by the chair of the board. All meetings shall be upon such notice, at such place or places, and at such time or times as the board may from time to […]