40-1113. Procedures required to organize an
authority
A. A metropolitan public transit authority shall be organized and incorporated in
the following manner:
1. The governing body of a municipality or county or the governing bodies of more
than one municipality or county may pass an ordinance or ordinances declaring that the
public convenience and necessity require the incorporation of a metropolitan public
transit authority. Such ordinance shall state that it is proposed to incorporate the
authority under the provisions of this article and shall include the name of the
municipalities or counties, the area or portion of whose area is to be included within
the operating area of the authority and a description of the unincorporated area of the
county to be included within operating area of the authority. The ordinance shall have no
force and effect unless the proposed contracting municipalities and counties described in
such ordinance and qualified to participate shall have approved participation by
ordinance or resolution similarly worded.
2. The articles of incorporation of a metropolitan public transit authority shall
set forth:
(a) The name or names of the originating municipalities or counties.
(b) The name of the metropolitan public transit authority and the area to be served
by such authority.
(c) A statement that permission to organize the authority has been granted by
resolution duly adopted by the governing body of the initiating municipalities or
counties the area or a portion of the area of which is to be included and the date of
adoption of such resolution.
B. The articles of incorporation of an authority, any deeds or other documents by
which properties are conveyed to the authority, and any mortgages executed by the
authority shall be filed for record with the secretary of state.
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