Alabama § 45-49-90.02 - Authority to Incorporate; Participation of Municipality.

§ 45-49-90.02. Authority to Incorporate; Participation of Municipality.

(a) Whenever any number of natural persons, not less than three, shall file with the governing body of Mobile County an application in writing for authority to incorporate a public corporation under this part, which application shall contain the proposed articles of incorporation and bylaws of the public corporation, and if it shall be made to appear to such governing body that each of the persons is a duly qualified elector of and owner of property in the county, and if the governing body of the county shall adopt a resolution which shall be duly entered upon the minutes of such governing body wherein it shall be found and determined that it is wise, expedient, necessary, or advisable that such a corporation be formed and that the persons filing the application shall be authorized to proceed to form such corporation, then the persons shall proceed to organize such corporation by executing, acknowledging, and filing a certificate of incorporation as provided in this part. No corporation shall be formed under this part unless the application provided for in this section shall be made and unless the resolutions provided for in this section shall be adopted. The granting of authority for the incorporation of one public corporation under this part shall not preclude the granting of authority by the governing body for the incorporation of other public corporations under this part; provided, that such other public corporations shall be required to adopt a name or designation sufficient to distinguish them from any public corporation theretofore incorporated by such county under this part.

(b) If any municipality shall jointly participate with the county in the development of an industrial park by providing funds or the contribution of real or personal property or the provision of services, then the application referenced in subsection (a) shall contain a resolution of the governing body of each participating municipality, which shall be duly entered on the minutes of such governing body, wherein it shall be found and determined that it is wise, expedient, necessary, or advisable that such corporation be formed and that such persons filing the application shall be authorized to proceed to form such corporation.