(a) The written application of the incorporators shall be filed with the probate judge, which application shall:
(1) Contain a statement that the incorporators propose to incorporate an authority pursuant to the provisions of this chapter;
(2) State the authorized operational area of the proposed authority;
(3) State that each of the incorporators is a resident of a county within the authorized operational area of the proposed authority; and
(4) Request that each governing body of each county within the authorized operational area of the proposed authority adopt a resolution declaring that it is expedient that the proposed authority be formed, approving the written application, and authorizing the incorporators to proceed to form the proposed authority by filing for record articles in accordance with the provisions of this chapter.
(b) Such application shall be accompanied by the form of articles of incorporation of the proposed authority.
(c) As promptly as may be practicable after the filing of the application with the judge of probate, the governing body of each county within the authorized operational area of the proposed authority shall review the contents of the application and the accompanying form of articles and shall adopt a resolution either:
(1) Denying the application, or
(2) Declaring that it is expedient that the proposed authority be formed, approving the form of its articles, and authorizing the incorporators to proceed to form the proposed authority by filing for record pursuant to subsection (c) of Section 11-92A-5 such articles of incorporation in accordance with the provisions of this chapter.
(d) It shall not be necessary that any such resolution be published in any newspaper or posted or be offered for more than one reading.
(e) The failure of any governing body of a county within the authorized operational area of a proposed authority to approve the written application of the incorporators shall invalidate the application to incorporate an authority, and the resolution denying the application of the incorporators shall be filed with the judge of probate of the county where the application of the incorporators was filed, whether within or without the county whose governing body denied the application. Nothing contained herein shall prevent the incorporators of the proposed authority from filing a new application to form an authority excluding the county or counties whose governing body or bodies failed to approve the incorporation of the proposed authority.
Last modified: May 3, 2021