(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 Calhoun 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.
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Terms Used In Alabama Code 45-8A-20.04

  • Authority: means the Anniston Downtown Development Authority, a public corporation organized pursuant to the provisions of this part. See Alabama Code 45-8A-20.01
  • Authorizing resolution: means a resolution adopted by the governing body of the city in accordance with the provisions of Section 45-8A-20. See Alabama Code 45-8A-20.01
  • City: means the City of Anniston, Alabama. See Alabama Code 45-8A-20.01
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: means next after. See Alabama Code 1-1-1
  • Governing body: means , with respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-8A-20.01
  • Incorporators: means the persons forming a public corporation organized pursuant to the provisions of this part. See Alabama Code 45-8A-20.01
  • preceding: means next before. See Alabama Code 1-1-1
  • Principal office: means the place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-8A-20.01
  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • State: means the State of Alabama. See Alabama Code 45-8A-20.01
(b) The certificate of incorporation of the authority shall state:

(1) The names of the persons forming the authority, and that each of them is a duly qualified elector of the city;
(2) The name of the authority, which shall be “The Anniston Downtown Development Authority”;
(3) The period for the duration of the authority (if the duration is to be perpetual, subject to the provisions of Section corporation and vesting of title to property in the city” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”45″>45-8A-20.19, that fact shall be stated);
(4) The name of the city together with the date on which the governing body thereof adopted the authorizing resolution;
(5) The location of the principal office of the authority, which shall be within the corporate limits of the city;
(6) That the authority is organized pursuant to the provisions of this part; and
(7) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this part or with the laws of the state.
(c) 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 city in accordance with the provisions of Section 45-8A-20.03, and (2) a certified copy of the authorizing resolution adopted by the governing body of the city. Upon the filing for record of the said 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 a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
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