Code of Alabama

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11-50-395
Section 11-50-395 Board of directors - Powers generally; resolutions. (a) The board of directors
shall constitute the governing body of the district. The board shall do all things necessary
or convenient in acquiring, owning, operating, developing, and improving the gas system or
systems owned or to be owned by the district and shall exercise all the powers of the district
including but not limited to the following powers: (1) To adopt and amend bylaws for the management
and regulation of its affairs and the enterprises in which it is engaged; (2) To use, with
the consent of any of its member municipalities, the agents, employees, or facilities or property
of such municipalities and to provide for the payment of the agreed proportion of the costs
therefor; (3) To appoint officers, agents, and employees, including attorneys, and to fix
their compensation; (4) To contract with any person, firm, or corporation for the entire supervision,
operation, and management of any one or more...
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11-89-1
any thereof. (17) PERSON. Unless limited to a natural person by the context in which it is
used, such term includes a public or private corporation, a municipality, a county, a cooperative,
or an agency, department or instrumentality of the state or of a county or municipality or
cooperative. (18) PRINCIPAL OFFICE. The place at which the certificate of incorporation and
amendments thereto, the bylaws and the minutes of proceedings of the board of a district are
kept. (19) PROPERTY. Real and personal property and interests therein. (20) PUBLIC
CORPORATION. Any public corporation organized under the laws of the state. (21) PUBLIC FIRE
PROTECTION FACILITY. A fire protection facility which is owned or operated by the United States
of America, the state, a county, a municipality, a public corporation, any combination of
any thereof or any agency or instrumentality of any one or more thereof or in which any one
or more thereof or any agency or instrumentality of any one or more thereof holds...
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11-31-3
Section 11-31-3 Board of directors - Officers; meetings; powers; funding. (a)(1) The board
of directors of the authority may do all of the following: a. Appoint a chair from among its
membership, subject to an annual rotation of the chair position between or among the representative
members of the board from each county comprising the radio/alert notification communications
district in the case of a multi-county district. b. Appoint a vice chair from among its membership,
provided that in the case of a multi-county district, the vice chair shall be a representative
of a county other than the one represented by the chair. c. Appoint other officers from among
its membership as it may deem necessary from among the membership of the board. (2) A majority
of the directors shall constitute a quorum for the purpose of conducting business. (b) The
authority shall have all of the following powers: (1) Employ such employees, experts, and
consultants as it deems necessary to assist the board in...
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11-50-396
purchase, construct, receive, own, operate, maintain, enlarge, extend, and improve any one
or more gas systems the operation of which is provided for in the certificate of incorporation
of the district (whether or not such system or systems were in existence or whether or not
such system or systems were privately owned or municipally owned prior to the acquisition
by such district). (5) To receive, acquire, take, and hold, whether by purchase, gift, or
lease, devise, or otherwise, real, personal, and mixed property of any nature whatsoever
that its board of directors may deem a necessary or convenient part of or useful in connection
with such system or systems. (6) To borrow money for any corporate purpose and to issue in
evidence of the borrowing interest-bearing bonds payable solely from the revenues derived
from the operation of any one or more of its systems. (7) To pledge to the payment of its
bonds any revenues from which the bonds are made payable and to mortgage, pledge, or...
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33-12-5
grants or other assistance from federal, state and local governments or from agencies of such
governments and by issuing in its own name revenue bonds pledging a portion of the revenues
from such facilities. f. Arrange with any city, county, municipality or supplier of utilities
for the abandonment, relocation or other adjustment of roads, highways, bridges and utility
lines. (3) LAND ACQUISITION. The agency may acquire by purchase, lease, gift or condemnation
property of any kind, real, personal or mixed, or any interest therein, that the board
deems necessary or convenient to the exercise of its powers or functions; provided, that acquisition
by condemnation shall be limited to land, rights in land, including leaseholds and easements,
and water rights in the Alabama portion of the Elk River Watershed that the board determines
to be necessary to the control and optimum development of the Elk River. The amount and character
of the interests in land, rights in land and water rights...
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11-32-7
and trust indentures, or either. (17) Exercise the power of eminent domain, except as limited
by state law, except the authority may not acquire, without the consent of the owner, any
transportation system from which public transportation service is currently being furnished.
The authority may not by eminent domain acquire any real property or rights owned or held
by public or private railroads or utilities. (18) Expend funds for the purchase or lease of
materials, equipment, supplies, or other personal property without compliance with
Chapter 16 of Title 41. (19) Appoint, employ, contract with, and provide for the compensation
of, officers, employees, and agents, including, but without limitation to, engineers, attorneys,
management consultants, fiscal advisers, or other consultants without regard to Chapter 16
of Title 41, or any law establishing a civil service or merit system that might otherwise
be applicable, as the business of the authority may deem necessary or desirable, and...
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33-15-6
loans, grants or other assistance from federal, state and local governments or from agencies
of such governments, and make contracts and execute instruments containing such terms, provisions
and conditions as the board in its discretion deems to be necessary, proper or advisable for
the purpose of obtaining such loans, grants or other assistance. (3) LAND ACQUISITION. The
authority may acquire by purchase, construction, lease, gift, condemnation or otherwise property
of any kind, real, personal or mixed, or any interest therein, that the board deems
necessary or convenient to the exercise of its powers or functions; provided, that acquisition
by condemnation shall be limited to lands, rights in land, including leaseholds and easements,
and water rights in the Bear Creek Watershed that the board determines to be necessary to
the control and optimum development of Bear Creek and its tributaries, including such lands
adjacent to or in the immediate vicinity of water control...
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11-49B-7
subject to the provisions of Section 11-49B-19 specified in its certificate of incorporation.
(2) To sue and be sued in its own name in civil suits and actions and to defend suits against
it. (3) To adopt and make use of a corporate seal and to alter the seal at pleasure. (4) To
adopt and alter bylaws for the regulation and conduct of its affairs and business. (5) To
acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to hold property
of every description, real, personal, or mixed, whether located in one or more counties
or municipalities and whether located within or outside the authorizing county. (6) To make,
enter into, and execute contracts, agreements, leases, and other instruments and to take other
actions as may be necessary or convenient to accomplish any purpose for which the authority
was organized or to exercise any power expressly granted under this chapter. (7) To plan,
establish, develop, acquire, purchase, lease, construct, reconstruct,...
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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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45-31-141.10
Section 45-31-141.10 Powers of district; bylaws. (a) The district shall constitute a public
corporation, which shall have the power to do any and all acts or things necessary and convenient
for carrying out the purposes for which it is created including, but not limited to, all of
the following: (1) To sue or be sued. (2) To have a seal and alter the same at pleasure. (3)
To acquire, hold, and dispose of property, real and personal, tangible and intangible,
or interests therein and to pay therefor in cash or credit, and to secure and procure payment
of all or any part of the purchase price thereof on such terms and conditions as the board
shall determine. (4) To acquire, own, operate, maintain, and improve a system or systems.
(5) To pledge all or any part of its revenues, mortgage, or otherwise encumber, all or any
part of its property for the purpose of securing the payment of the principal of and interest
on any of its obligations. (6) To sell, lease, mortgage, or otherwise encumber...
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