State Codes and Statutes
Statutes > Arkansas > Title-14 > Subtitle-14 > Chapter-233 > 14-233-10514-233-105. Contents of ordinance -- Filing of application -- Certificate of incorporation -- Amendments.
(a) (1) The governing body of each municipality and county desiring to create and become a member of a sanitation authority may determine by ordinance that it is in the best interest of the municipality or county in accomplishing the purposes of this chapter to create and become a member of an authority.
(2) The governing body of each district desiring to become a member of a sanitation authority may determine by resolution that it is in the best interest of the district to become a member of an authority.
(b) The ordinance or resolution shall:
(1) Set forth the names of the municipalities, counties, or districts which are proposed to be members of the authority;
(2) Specify the powers to be granted to the authority and any limitations on the exercise of the powers granted, including limitations on the authority's area of operations, the use of projects by the authority, and the authority's power to issue bonds;
(3) Specify the number of directors of the authority and the voting rights of each director;
(4) Approve an application to be filed with the Secretary of State, setting forth:
(A) The names of all proposed members;
(B) Copies of all ordinances or resolutions certified by the respective clerks or secretaries;
(C) The powers granted to the authority and any limitations on the exercise of the powers granted;
(D) The number of directors of the authority and the voting rights of each director;
(E) The desire that an authority be created as a public body and a body corporate and politic under this chapter; and
(F) The name which is proposed for the authority.
(c) (1) The application shall be:
(A) Signed by the mayor of each municipality, county judge of each county, and presiding officer of each district;
(B) Attested by the respective clerks and secretaries; and
(C) Subscribed and sworn to before an officer or officers authorized by the laws of this state to administer and certify oaths.
(2) (A) The Secretary of State shall examine the application.
(B) If he or she finds that the name proposed for the authority is not identical with that of any other corporation of this state or of any agency or instrumentality of this state or not so nearly similar as to lead to confusion and uncertainty, he or she shall receive and file it and shall record it in an appropriate book of record in his or her office.
(3) When the application has been made, filed, and recorded as provided in this chapter, the authority shall constitute a public body and a body corporate and politic under the name proposed in the application.
(d) (1) The Secretary of State shall make and issue a certificate of incorporation pursuant to this chapter under the seal of the state and shall record the certificate with the application.
(2) The certificate shall set forth the names of the members.
(e) (1) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority, in the absence of establishing fraud in the premises, shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State.
(2) A copy of the certificate, certified by the Secretary of State, shall be admissible in evidence in the suit, action, or proceeding and shall be conclusive proof of the filing and contents of the certificate.
(f) (1) Any application filed with the Secretary of State pursuant to the provisions of this chapter may be amended from time to time with the unanimous consent of the members of the authority as evidenced by ordinance or resolution of their governing bodies.
(2) The amendment shall be signed and filed with the Secretary of State in the manner provided in this section, whereupon the Secretary of State shall make and issue an amendment to the certificate of incorporation.
(g) (1) The county quorum court may appoint one (1) additional director to the authority upon the recommendation of the county industrial development corporation.
(2) That additional director shall be a full voting director.
