(a)Within 40 days following the adoption of the authorizing resolution, the applicants shall proceed to incorporate the authority by filing for record in the office of the judge of probate of the county in which the proposed local redevelopment area is located 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.
(b)The certificate of incorporation of an authority shall state all of the following:
(1)The names of the persons forming the authority, and that each of them is a duly qualified elector residing in the authorizing subdivision.
(2)The name of the authority, which shall include the local redevelopment authority.
(3)A general description of
Free access — add to your briefcase to read the full text and ask questions with AI
(a) Within 40 days following the adoption of the authorizing resolution, the applicants shall proceed to incorporate the authority by filing for record in the office of the judge of probate of the county in which the proposed local redevelopment area is located 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.
(b) The certificate of incorporation of an authority shall state all of the following:
(1) The names of the persons forming the authority, and that each of them is a duly qualified elector residing in the authorizing subdivision.
(2) The name of the authority, which shall include the local redevelopment authority.
(3) A general description of the proposed project.
(4) The period for the duration of the authority; subject to Section 11-92C-20, if the duration is to be perpetual, that fact shall be stated.
(5) The name of the authorizing subdivision, together with the date on which the governing body thereof adopted the authorizing resolution.
(6) The location of the principal office of the authority, which shall be within the corporate limits of the municipality or within the geographical limits of the county, as applicable.
(7) That the authority is organized pursuant to the provisions of this chapter.
(8) A map, legal description, or other description describing the geographical area of the local redevelopment area.
(9) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this chapter or with the laws of this state.
(c) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of this state to take acknowledgments to deeds. When the certificate of incorporation is filed for record, there shall be attached to it all of the following:
(1) A copy of the application as filed with the governing body of the authorizing subdivision in accordance with Section 11-92C-3.
(2) A certified copy of the authorizing resolution adopted by the governing body of the authorizing subdivision.
(3) 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 this state or so nearly similar thereto as to lead to confusion and uncertainty.
(d) Upon the filing for record of the certificate of incorporation and the documents required by subsection (c), the authority shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation. The judge of probate shall send notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.