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11-50-521
Section 11-50-521 Authority to incorporate. Any number of natural persons, not less than three
and each of whom shall meet the requirements provided in this chapter, may organize a corporation
not for pecuniary profit by proceeding according to the provisions of this chapter. Such corporation
shall be organized for the benefit of the municipalities located within the confines of the
power district and for the purpose of promoting and encouraging the fullest possible use of
electric energy within the power district by making such electric energy available to the
public within the power district at the lowest cost consistent with sound economy and prudent
management of the business of the corporation. Each such person shall be an elector and property
owner in one of the municipalities located within the territory proposed to be included in
the power district upon organization of the corporation, and no two shall be from the same
municipality. All or parts of not less than three counties...
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45-41-141.07
Section 45-41-141.07 Compensation for loss of territory. (a) In the event that any territory
lawfully included within the boundaries of a district shall thereafter be excluded therefrom
at the instance of the governing body of a municipality pursuant to Section 45-41-141.02,
or as a result of the incorporation or annexation of such territory under the circumstances
described in Section 45-41-141.05 or 45-41-141.06, the municipality, upon the written request
of the commission delivered to the governing body of such municipality, shall enter into a
written agreement with the county whereunder such municipality shall agree to take any or
all of the following actions (if applicable under the circumstances) that the commission may
specify: (1) In the event that there is then located within such territory to be so excluded
from such district any fire station and appurtenant facilities used or operated, whether by
the county or any volunteer fire department, for the purpose of providing fire...
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11-50-210
Section 11-50-210 Definitions. For the purposes of this article, the following terms shall
be deemed to have the meanings respectively ascribed to them in this section: (1) MUNICIPALITY.
A municipal corporation in the State of Alabama. (2) PUBLIC GAS CORPORATION. A public corporation
having corporate power to own and operate one or more gas systems and existing under the provisions
of any of the following: Articles 8, 9, and 12 of this chapter. (3) AUTHORIZING MUNICIPALITY.
Each municipality which authorized the incorporation of a particular public gas corporation
or the governing body of which consented to, or made determinations prerequisite to, the incorporation
of a particular public gas corporation. (4) GAS SYSTEM. A plant and system for the manufacture
and distribution of gas or a system for the purchase, transportation, and distribution, or
any of them, of manufactured or natural gas, together with all appurtenances thereto and all
property used or useful in connection...
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11-89-32
Section 11-89-32 Procedure to form special corporation. (a) In order to provide for operation
and financing of one or more, but not all, of its authorized services under Chapter 89, Title
11, by following the procedures set out in this article, any district may establish a separate
public corporation and grant to it the power to finance and operate any, but not all, of the
authorized services of the district. If any district may, by its certificate of incorporation,
provide more than one of fire protection service, sewer service, or water service in its service
area, it may provide that any one or more of the services, but not all of them, may be operated
and financed through a special corporation organized pursuant to this article. The procedure
to organize a special corporation is as follows: The board shall adopt a resolution specifying
that it is necessary or expedient that a special corporation be organized pursuant to this
article to operate and finance one or more, but not all,...
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37-4-103
Section 37-4-103 Hearing upon application for certificate; notice; issuance of certificate;
factors considered in determining whether to issue certificate. (a) Upon the filing of an
application for such certificate, the commission shall fix the time and place for a hearing
thereon and shall cause notice thereof to be given to such parties in interest as the commission
may deem necessary. In the event the applicant proposes to interconnect its radio utility
system with the communication system of an existing landline telephone or telegraph company,
then notice of such hearing and a copy of said application shall be served upon said telephone
or telegraph utility. The commission shall also cause notice of the application to be published
once at least 14 days prior to the hearing in some newspaper of general circulation in the
affected territory. (b) After such hearing, the commission may issue to the applicant a certificate
of public convenience and necessity in a form to be prescribed...
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11-50-312
Section 11-50-312 Acknowledgment, filing and recordation of certificate of incorporation; amendment
of certificate of corporation formed under this article or under Division 1 of Article 8 of
this chapter. (a) The certificate of incorporation of any corporation organized under this
article shall state: (1) The name of the corporation, which shall be a name indicating the
system or systems for the operation of which the corporation is organized (e.g., "the
waterworks and electric board of the City (or Town) of _____," or "the utilities
board of the City (or Town) of _____"); (2) The location of its principal office and
the post office address thereof; (3) The period for the duration of the corporation (if the
duration is to be perpetual, this fact should be stated); and (4) The objects for which the
corporation is organized. The certificate of incorporation may also contain any provisions
not contrary to law which the incorporators may choose to insert for the regulation and conduct
of...
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11-99B-16
Section 11-99B-16 Existence of district not to prevent subsequent incorporation of another
district. The existence of one or more districts incorporated under the provisions of this
chapter shall not prevent the subsequent incorporation under this chapter of another district
or the amendment of the certificate of incorporation of another district pursuant to authority
granted by the same county, counties, municipality or municipalities, public corporation or
public corporations, or by the same combination thereof, even though the project described
in the certificate of incorporation, as originally filed or amended, of any existing district
may include a project proposed by a district that is proposed to be incorporated under this
chapter or that proposes to amend its certificate of incorporation under this chapter. (Act
2000-781, p. 1825, ยง16.)...
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18-1B-2
Section 18-1B-2 Limitations on condemnation. (a) Neither the State of Alabama, nor any of its
departments, divisions, agencies, commissions, corporations, boards, authorities, or other
entities, nor any agency, corporation, district, board, or other entity organized by or under
the control of any municipality or county in the state and vested by law to any extent whatsoever
with the power of eminent domain may condemn property for the purpose of nongovernmental retail,
office, commercial, residential, or industrial development or use or to primarily condemn
a mortgage or deed of trust; provided, however, the foregoing provisions of this subsection
shall not apply to the exercise of the powers of eminent domain by any county, municipality,
housing authority, or other public entity based upon a finding of blight in an area covered
by any redevelopment plan or urban renewal plan pursuant to Chapters 2 and 3 of Title 24,
provided the purpose of the exercise of the powers of eminent domain...
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37-5-3
Section 37-5-3 Purpose and general powers. A district shall be created for the purpose of conducting
and operating a utility and, to carry out such purpose, shall have power and authority to
acquire, construct, reconstruct, operate, maintain, extend or improve any utility within or
without the district and to furnish, deliver and sell to the public and to any municipality
and to the state and any public institution heat, light and power service and any other service,
commodity or facility which may be produced or furnished in connection therewith. For said
purposes the district is granted and shall have and exercise the right freely to use and occupy
any public highway, street, way or place reasonably necessary to be used or occupied for the
maintenance and operation of such utility or any part thereof, subject to such local regulations
as may be imposed in connection therewith by any regulations of the governing body of the
municipality in which such highway, street, way or place is...
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4-3-41
Section 4-3-41 Authority and procedure for incorporation; reincorporation of existing airport
authorities. (a) Pursuant to the provisions of this article, airport authorities may be organized
as public corporations with the powers set forth in this article. To organize such a corporation,
not less than three natural persons shall file with the governing body of any county or any
municipality an application in writing for permission to incorporate a public corporation
under the provisions of this article and shall attach to such application a proposed form
of certificate of incorporation for such corporation. If each governing body with which the
application is filed shall adopt a resolution (which need not be published or posted) approving
the form of such certificate of incorporation and authorizing the formation of such a public
corporation, then said applicants shall become the incorporators of and shall proceed to incorporate
the authority as a public corporation in the manner...
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