(a) The certificate of incorporation of any authority incorporated under this article 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 of incorporation which shall be set forth in full in the resolution and which amendment may include any matters which might have been included in the original certificate of incorporation.
(b) After the adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the authority, the chair of the board, or other chief executive officer of the authority, and the secretary of the authority shall sign and file a written application in the name of and on behalf of the authority, under its seal, with the governing body of the county or municipality, requesting such governing body to adopt a resolution approving the proposed amendment, and accompanied by a certified copy of the resolution adopted by the board proposing the amendment to the certificate of incorporation, together with such documents in support of the application as the chair, or other chief executive officer, may consider appropriate. As promptly as may be practicable after the filing of the application, the governing body of the county or municipality shall review the application and shall adopt a resolution either denying the application or authorizing the proposed amendment. Such governing body shall also cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken.
(c) Within 40 days following the adoption by the governing body of the county or municipality of a resolution approving the proposed amendment, the chair of the board, or other chief executive officer of the authority, and the secretary of the authority shall sign and file for record in the office of the judge of probate of the county a certificate in the name of and in behalf of the authority, under its seal, reciting the adoption of the respective resolutions by the board and by the governing body and setting forth the proposed amendment.
Last modified: May 3, 2021