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11-71-4
Section 11-71-4 Powers of authority. Any authority formed pursuant to this chapter shall have
the following powers, in addition to those stated elsewhere in this chapter: (1) To enter
into competitively bid contracts and agreements affecting the infrastructure projects of the
district. (2) To hold public meetings with proper advertisement and notice to affected and
adjacent property owners. (3) To acquire, construct, install, and operate projects and all
property, rights, or interests incidental or pertinent thereto; provided, however, that nothing
in this chapter shall authorize an authority to construct, own, or operate a system for the
generation, transmission, or distribution of electric power, cable television, or Internet
system, or telecommunications utility or to be in the business of providing electric energy,
cable television, Internet, or telecommunications services. (4) To have the management, control,
and supervision of all the business and affairs of the district, and of...
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11-97-2
Section 11-97-2 Definitions. The following words and phrases used in this chapter, and others
evidently intended as the equivalent thereof, shall, in the absence of a clear implication
herein otherwise, be given the following respective interpretations herein: (1) APPLICANT.
A natural person who files a written application with the governing body of any county or
municipality in accordance with the provisions of Section 11-97-3 hereof. (2) AUTHORIZING
RESOLUTION. A resolution of ordinance adopted by the governing body of any county or municipality
in accordance with the provisions of Section 11-97-3 hereof, that authorizes the incorporation
of a corporation. (3) BOARD. The board of directors of a corporation. (4) BONDS. Bonds, notes,
or other obligations representing an obligation to pay money. (5) CORPORATION. Any public
corporation organized pursuant to the provisions of this chapter. (6) COSTS. As applied to
a facility or any portion thereof, shall include all or any part of the...
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11-99B-5
Section 11-99B-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any district may at any time and from time to time
be amended in the manner provided in this section. (b)(1) The board shall first adopt a resolution
proposing an amendment to the certificate of incorporation which shall be set forth in full
in the said resolution and which amendment may include, without limitation: a. A change in
the name of the district. b. The addition to the project or projects of the district of a
new project or projects and the proposed location thereof. c. Any matters which might have
been included in the original certificate of incorporation, or any change in any such matters.
(2) If any proposed amendment would add any new county, municipality, or public corporation
as a member of a district, such proposed amendment shall include, in addition: a. Provisions
for election of at least one director by the governing body of each such...
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16-18-3
Section 16-18-3 Procedure to incorporate. (a) By proceeding in the manner set forth herein,
any number of natural persons, not less than three, may incorporate an educational building
authority as a public corporation and as a political subdivision of the state. The said natural
persons shall first file with the governing body of any municipality the proposed form of
the certificate of incorporation of the authority, together with a written application seeking
permission to apply for the incorporation of an authority for such municipality. Every such
application shall also be accompanied by such supporting documents or evidence as the applicants
may consider appropriate to show the need for an authority for the said municipality. The
said governing body shall consider the said application and shall find and determine whether
it is wise, expedient, necessary or advisable that the authority be formed; if the said governing
body finds and determines that it is not wise, expedient,...
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37-4-150
Section 37-4-150 Electric transmission facilities. (a) This section shall be known and may
be cited as the Energy Security Act of 2015. (b) The Legislature hereby finds and declares
that due to the economic, financial, and service impacts associated with the development of
electric transmission facilities used for the furnishing of electric service to consumers
in this state, it is in the public interest to provide incumbent electric suppliers the right
to construct, own, operate, and maintain new transmission facilities that connect to their
own electric systems. The Legislature further finds and declares that providing incumbent
electric suppliers this right furthers their ability to satisfy their respective obligations
to provide service to Alabama consumers. This section implements these findings. (c) As used
in this section, the following words have the following meanings: (1) COMMISSION. The Alabama
Public Service Commission. (2) ELECTRIC TRANSMISSION FACILITY. Any transmission...
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11-50B-3
Section 11-50B-3 Permitted activities by public providers; lease of equipment by municipal
governing bodies. In addition to all other power, rights, and authority heretofore granted
by law, public providers may acquire, establish, purchase, construct, maintain, enlarge, extend,
lease, improve, and operate cable systems, telecommunications equipment and telecommunications
systems, and furnish cable service, interactive computer service, Internet access, other Internet
services, and advanced telecommunications service, or any combination thereof, in the case
of a public provider that is a municipality, to the inhabitants of the municipality and police
jurisdiction, the area within the territorial jurisdiction of the municipal planning commission
determined in accordance with the provisions of Section 11-52-30, as amended, and any area
in which the municipality furnishes or sells any utility, such as electricity, gas, water,
or sewer, and in the case of a public provider that is a...
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11-50B-8
Section 11-50B-8 Meetings, hearings, etc., open to public; notice; petition; election; procedure.
(a) Actions of the governing body of a public provider relating to the provision of cable
service or telecommunications service by the public provider, shall be taken in meetings open
to the public consistent with any one or more of Sections 11-43-49, 11-43A-21, 11-44C-25,
and 13A-14-2, as amended, respectively, or other similar statutory provisions, as shall otherwise
govern meetings of the governing body of the affected public provider. (b) Prior to the determination
of the governing body of a public provider of cable service to commence furnishing cable service
to subscribers in the exercise of authority granted under this chapter, the governing body
of the public provider shall conduct a public hearing. Actual notice of the date, time, and
place of the public hearing shall be given not less than 30 days prior thereto, to each private
provider furnishing cable service in the...
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16-17-3
Section 16-17-3 Procedure to incorporate. (a) By proceeding in the manner set forth herein,
any number of natural persons, not less than three, may incorporate an educational building
authority as a public corporation and as a political subdivision of the state. The said natural
persons shall first file with the governing body of any municipality the proposed form of
the certificate of incorporation of the authority, together with a written application seeking
permission to apply for the incorporation of an authority for such municipality. Every such
application shall also be accompanied by such supporting documents or evidence as the applicants
may consider appropriate to show the need for an authority for the said municipality. The
said governing body shall consider the said application and shall find and determine whether
it is wise, expedient, necessary or advisable that the authority be formed; if the said governing
body finds and determines that it is not wise, expedient,...
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39-7-11
Section 39-7-11 When authority deemed incorporated; transmission of certified copy of resolution,
etc., to Secretary of State; Secretary of State to furnish statement of names, etc., of authorities
incorporated to Department of Finance; publication of statement and effect thereof. The citizens
of the State of Alabama who are inhabitants of such territory shall become and be an incorporated
authority under this chapter from and after the date of adoption of the resolution of the
governing body of such municipality declaring that such citizens are incorporated as the "Improvement
Authority of _____." Within five days after the adoption of such resolution by the governing
body, the clerk or probate judge shall transmit a certified copy thereof together with a complete
record of all proceedings had in regard to the incorporation of such authority, to the Office
of the Secretary of State of the State of Alabama where it shall be filed as a public record.
It shall be the duty of the...
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45-46-90.01
Section 45-46-90.01 Definitions. (a) Wherever used in this article, unless a different meaning
clearly appears in the context, the following terms and others evidently intended as the equivalent
thereof, shall be given the following respective interpretations: (1) APPLICANT. A natural
person who files a written application with the governing body of Marengo County, or with
the governing body of any municipality in such county in accordance with Section 45-46-90.02.
(2) AUTHORITY. A public corporation organized pursuant to this article. (3) AUTHORIZING COUNTY.
Marengo County, Alabama, provided the governing body thereof shall have adopted an authorizing
resolution. (4) AUTHORIZING MUNICIPALITY. Any municipality in the county, the governing body
of which shall have adopted an authorizing resolution. (5) AUTHORIZING RESOLUTION. The resolution
that authorizes the incorporation of an authority, adopted by the governing body of the county
or the governing body of any municipality in the...
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