Code of Alabama - Title 9: Conservation and Natural Resources - Section 9-6-4 - Application for authority to incorporate; review of application and issuance of executive order by Governor

Section 9-6-4 - Application for authority to incorporate; review of application and issuance of executive order by Governor.

(a) In order to form a public corporation under the provisions of this chapter, any number of natural persons, not less than three, shall first file a written application with the Governor. Such application shall:

(1) Contain a statement that such public corporation proposes to undertake and carry out one or more or all of the purposes defined in Section 9-6-3 with respect to public corporations formed under this chapter;

(2) Contain a description by county name or otherwise of the geographical area of operation in which the public corporation proposes to carry on its activities;

(3) State that conditions of water, air or general environmental pollution or any one or more of such conditions in excess of normal acceptable tolerance as established or determined by appropriate regulatory body or bodies exist within the area of operation, and that no public corporation created under the provisions of this chapter is authorized to carry on activities in any part of the area of operation;

(4) State that the proposed activities of the public corporation within the area of operation will promote the public health, convenience and welfare;

(5) State that each of the applicants is a person of good moral character and is a duly qualified elector of the State of Alabama; and

(6) Request that the Governor issue an executive order declaring that he has reviewed the contents of the application and has found the statements of fact contained therein to be true and authorizing the persons filing the application to proceed to form such public corporation.

The area of operation described in any such application may be comprised of a county or part or parts thereof or of any number of counties or parts of counties in this state; and, if several counties or parts of several counties are included within the area of operation described, the boundaries of such counties need not be contiguous. Every such application shall be accompanied by such supporting documents or evidence as the applicants may deem appropriate.

(b) As promptly as is practicable after the application is filed as provided in this section, the Governor shall review the contents of the application and shall find and determine whether the statements of fact contained in the application are true. If he finds and determines that any of the statements of fact contained in the application are not true, the Governor shall forthwith issue an executive order denying the application; but, if he finds and determines that the statements of fact contained in the application are true, the Governor shall forthwith issue an executive order declaring that he has reviewed the contents of the application and has found and determined that the statements of fact contained in the application are true, declaring that the proposed activities of such public corporation in the area of operation described will promote the public health, convenience and welfare and that, for such reason, it is wise, expedient and necessary that such public corporation be formed and authorizing the persons filing the application to proceed to form such public corporation.

In finding and determining whether the statements of fact contained in the application are true, the Governor may, without investigation or further consideration, assume that the statements made pursuant to subdivisions (1) and (2) of subsection (a) of this section are true and, upon such assumption, so find and determine. It shall be sufficient to establish the truth of the statement made pursuant to subdivision (3) of subsection (a) of this section if there accompanies the application a statement by any one of the state health officers, the Commissioner of Conservation and Natural Resources or the head of any agency created by the Legislature of this state to regulate air pollution to the effect that conditions of water, air or general environmental pollution or any one or more of such conditions in excess of normal acceptable tolerance exist within the area of operation set forth in the application; provided, however, that such means of establishing the truth of said statement are not to be taken as being exclusive. If the statement of fact made pursuant to subdivision (3) of subsection (a) of this section is found and determined to be true, then the Governor may without investigation or further consideration assume that the statement of fact made pursuant to subdivision (4) of subsection (a) of this section is true and, upon such assumption, so find and determine.

(Acts 1969, No. 1117, p. 2060, §4.)

Last modified: May 3, 2021