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.