(a)In order to organize the authority, any number of natural persons, not less than three, who are duly qualified electors of the county, shall first file an identical written application with the governing body of the county and the city, which applications shall do all of the following:
(1)Contain a statement that the applicants propose to incorporate the authority pursuant to this subpart.
(2)State the proposed location of the principal office of the authority, which shall be within the territorial limits of the county.
(3)State that each of the applicants is a duly qualified elector of the county.
(4)Request that the governing bodies of the county and the city adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizi
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(a) In order to organize the authority, any number of natural persons, not less than three, who are duly qualified electors of the county, shall first file an identical written application with the governing body of the county and the city, which applications shall do all of the following:
(1) Contain a statement that the applicants propose to incorporate the authority pursuant to this subpart.
(2) State the proposed location of the principal office of the authority, which shall be within the territorial limits of the county.
(3) State that each of the applicants is a duly qualified elector of the county.
(4) Request that the governing bodies of the county and the city adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with this subpart.
(b) The application shall be accompanied by such supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the identical applications with the governing bodies of the county and the city in accordance with this section, the governing body of the county and the governing body of the city shall review the contents of the application, and shall adopt a resolution either (1) denying the application or (2) declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by filing for record of a certificate of incorporation in accordance with this subpart. The governing bodies with which the application is filed shall also cause a copy of the application 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 of the authorizing resolution by the governing body of the county or the city that was last to adopt an authorizing resolution, but if, and only if, the governing bodies of the county and city have theretofore adopted an 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 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 herein provided.
(d) The certificate of incorporation of the 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 of the county.
(2) The name of the authority shall be the Montgomery I-65 Corridor Development Authority.
(3) The period for the duration of the authority; if the duration is to be perpetual, that fact shall be stated.
(4) The date on which the governing body of the county and the date on which the governing body of the city adopted the authorizing resolution.
(5) The location of the principal office of the authority, which shall be within the territorial limits of the county.
(6) A statement that the application filed with the governing body of the authority is organized pursuant to this subpart.
(7) A statement that the application filed with the governing body of the county and the city in accordance with subsections (a) and (b) was identical to the copy thereof attached to the certificate of incorporation.
(8) Any other matters relating to the authority that the incorporators may choose to insert that are not inconsistent with this subpart or with the laws of the state.
(e) 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. When the certificate of incorporation is filed for record, there shall be attached to it (1) a copy of the application as filed with the governing body of the county and the governing body of the city; and (2) a certified copy of the authorizing resolutions adopted by the governing body of the county and the governing body of the city.
(f) Upon the filing for record of the certificate of incorporation and the documents required by the preceding sentence to be attached thereto, 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 thereupon send notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
(g) Within 90 days following the date upon which the certificate of incorporation was filed in the office of the judge of probate of the county, the members of the board shall hold a meeting to discuss and adopt any specific goals or specific missions of the authority including, but not limited to, identifying any specific target areas in need and the specific problems of each. The specific determinations and goals or missions of the authority must be approved by a majority of the members of the board by resolution. Upon approval by resolution of the original mission statement and determinations by the authority, the governing body of both the county and the city, by resolution, shall either approve or disapprove of the original mission statement as adopted by the board of the authority within 45 days of being submitted such resolution by the authority. If either governing body shall disapprove of or request changes to such resolution submitted, the board of the authority shall hold a meeting to consider such changes requested or to alter such mission statement within 45 days of being rejected. The governing body of the county and city shall approve by resolution such revised mission statement upon its satisfaction. Notwithstanding anything contained herein to the contrary, the authority shall have no powers under this subpart unless and until an original mission statement has been approved by a majority of the members of the board of the authority by resolution and approved by resolution by the governing bodies of the county and city.
(h) Upon the adoption of a mission statement and goals by the board, the board shall be responsible for establishing periodic long-term goals of the authority. The original mission statement may contain a plan setting forth the goals of the authority for up to a 10-year period.
(i) In the event that such a plan is not adopted in the resolution setting forth the mission statement of the authority, the board shall adopt a plan within one year of the filing of the certificate of incorporation of the authority. The board shall also provide reports to the governing bodies of the city and county, at least semi-annually, updating the governing bodies on the current projects and goals of the authority and its status on achieving those goals.
(j) The certificate of incorporation of the authority incorporated under this subpart may at any time, and from time to time, be amended in the manner provided in this section. The board 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.
(k) 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 and the secretary of the authority shall sign and file identical written applications in the name of and on behalf of the authority, with the governing body of the county and the governing body of the city, both governing bodies 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 may consider appropriate. As promptly as may be practicable after the filing of the application with the governing body of the county and the governing body of the city pursuant to the foregoing provisions of this section, the governing body of the county and the governing body of the city shall review the application and shall adopt a resolution either denying the application or authorizing the proposed amendment. The governing bodies 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.
(l) Within 40 days following the adoption by the governing body of the county or the governing body of the city of a resolution approving the proposed amendment, but if, and only if, the governing body of the county and the governing body of the city has heretofore adopted such a resolution, the chair of the board 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 reciting the adoption of the respective resolutions by the board and by the governing body of the county and the governing body of the city and setting forth the proposed amendment. The judge of probate for the county shall thereupon record such certificate in an appropriate book in his or her office. When such certificate has been so filed and recorded, the amendment shall become effective and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment. The certificate of incorporation of the authority shall not be amended except in the manner provided in this section.