(a) Within 45 days after May 4, 1989, three applicants shall be appointed to proceed to incorporate the Marion County Public Water Authority by filing for record in the office of the judge of probate of the county a certificate of incorporation which shall comply in form and substance with the requirements of this section and which shall be in the form and executed in the manner provided in this section. The applicants shall be appointed as follows: One applicant shall be appointed by the state senator who represents the senatorial district in which Marion County is located; one applicant shall be appointed by the members of the House of Representatives representing Marion County; and one applicant shall be appointed by the Marion County Commission.
(b) The certificate of incorporation of the authority shall state all of the following:
(1) The names of the persons forming the authority, together with the residence of each, and that each of them is a resident of and an owner of real property in the area of Marion County in which the authority proposes to render water service and available water for fire protection purposes and that each of them is a duly qualified elector of the county.
(2) The name of the authority shall include the words Marion County Public Water Authority.
(3) The period for the duration of the authority.
(4) The name of the county in which incorporated, together with the date.
(5) The location of the principal office of the authority, which shall be in Marion County.
(6) Matters relating to participation by citizens in the Marion County Public Water Authority and the existence of any connection fees, meter fees, user fees, and rates and provisions for any changes therein.
(7) A concise legal description of the area or areas in which the authority proposes to render water service and certain fire protection facilities.
(8) The statement that a master plan shall be developed for the authority.
(9) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this article or with the laws of the state.
(c) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds.
(d) When the certificate of incorporation is filed for record, there shall be attached to it a certificate by the Secretary of State that the name proposed for the authority is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty.
(e) The judge of probate shall promptly examine all such documents. If he or she shall find that all such documents are complete and regular on their face and that the form and contents of the certificate of incorporation comply with this article, the judge of probate shall enter and sign an order setting forth his or her findings and requiring all such documents to be recorded, together with his or her order. Upon the filing for record of the order and the documents referred to therein, the authority shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation.
(f) The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
Last modified: May 3, 2021