Code of Alabama

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11-50A-2
Section 11-50A-2 Legislative intent. The municipalities are now empowered to own and operate
electric distribution systems to serve their citizens, inhabitants, and customers by providing
them electricity for all purposes. To assure that the municipalities may have alternative
sources of bulk electric power and energy, in addition to those presently available, to operate
their electric distribution systems in a dependable, efficient, and economical manner, it
is desirable that the municipalities acting through the authority be empowered to engage in
joint action for the generation, transmission, and distribution of bulk electric power and
energy for sale to the municipalities for resale and for the sale, purchase, exchange and
transmission of bulk electric power and energy with other electric suppliers. The Legislature
finds and declares that the provision of alternative sources of bulk electric power and energy
to the municipalities through joint action in the fields of generation,...
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11-50A-3
Section 11-50A-3 Purpose of authority. The purpose of the authority shall be to acquire, construct,
operate, and maintain or cause to be acquired, constructed, operated, and maintained projects,
and to take all other necessary or desirable action, in order to provide or make available
an adequate, dependable, and economical alternative supply of bulk electric power and energy
and related services for wholesale sales to those municipalities which may desire such supply,
and incidentally and so as to take advantage of economies of scale in the provision of economical
and reliable wholesale power supply to the municipalities, to enter into interconnection arrangements
with other electric suppliers having generation and transmission capabilities, which arrangements
provide for sale, purchase, exchange, or transmission of bulk electric power and energy. The
authority shall only be authorized, through acquisition or construction of projects, or through
interconnection arrangements with...
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11-50A-8
and of the parties thereto; (2) To adopt and alter a corporate seal; (3) To make and alter
at pleasure all needful bylaws, rules, and regulations for the transaction of its business
and the control of its property and affairs; (4) To have the same right of eminent domain
through condemnation conferred by Section 10-5-1, or any subsequent statute of similar import;
provided that nothing herein shall be construed to grant to the authority the power to acquire
by condemnation any real or personal property or right-of-way of any utility as the
term "utility" is defined in Section 37-4-1(7)a.; (5) To acquire in its own name
by purchase on such terms and conditions and in such manner as it may deem proper, or by exercise
of the power of eminent domain, or by gift, grant, lease, or otherwise, real property or rights
and easements therein and franchises and personal property necessary or convenient
for its corporate purposes; and to insure its property against any and all risks with...
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11-50A-1
this chapter and any successor or successors thereto. (2) BOARD. The board of directors of
the authority. (3) BONDS. Any bonds issued by the authority under the provisions of this chapter,
including refunding bonds. (4) BOND ANTICIPATION NOTES. Short term obligations issued by the
authority in anticipation of the issuance of bonds. (5) COSTS. All costs of acquisition, construction,
reconstruction, improvement, equipment, alteration, repair, or extension of any project; all
costs of real and personal property required for the purposes of any project, including
any rights or undivided interest therein; all costs of easements, franchises, water rights,
fees, permits, approvals, licenses, and certificates, and all costs of securing any permits,
approvals, licenses, and certificates, and preparing applications therefor; all costs of machinery
and equipment, including equipment for use in connection with construction; all costs of the
initial fuel supply or additional fuel inventories...
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45-25-250.04
specified in its certificate of incorporation. (2) To sue and be sued in its own name in civil
actions, except as otherwise provided in this article, and to defend civil actions against
it. (3) To adopt and make use of a corporate seal and to alter the same 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
and whether located within or outside the service area. (6) To make, enter into, and execute
such contracts, agreements, leases, and other instruments and to take such 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 section. (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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45-29-140.05
specified in its certificate of incorporation. (2) To sue and be sued in its own name in civil
actions, except as otherwise provided in this article, and to defend civil actions against
it. (3) To adopt and make use of a corporate seal and to alter the same 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
and whether located within or outside the service area. (6) To make, enter into, and execute
such contracts, agreements, leases, and other instruments and to take such 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 section. (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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45-38-141.05
time specified in its certificate of incorporation. (2) To sue and be sued in its own name
in civil actions, except as otherwise provided in this part, and to defend civil actions against
it. (3) To adopt and make use of a corporate seal and to alter the same 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
and whether located within or outside the service area. (6) To make, enter into, and execute
such contracts, agreements, leases, and other instruments and to take such 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 section. (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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11-81-200
Section 11-81-200 Acquisition, extension, operation, etc., of power plants, power lines, electric
systems, etc., by counties or municipalities authorized; acquisition of rights-of-way. (a)
Any county or municipal corporation within this state is hereby authorized and empowered to
acquire by purchase, construction, condemnation or otherwise and to maintain, extend, improve
and operate electric light plants, power plants, power lines and electric distribution systems
together with the extension and the appurtenances thereto and all the property, tangible and
intangible and of like or different kind to be used or useful in connection therewith, either
within or without or partly within and partly without the corporate limits of such municipal
corporation or the boundaries of such county, under the provisions of this article for the
purpose of producing, obtaining, distributing or furnishing an adequate supply of electricity
for public, industrial, business, domestic, light, power or other...
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11-50A-6
Section 11-50A-6 Board of directors; election committee; meetings; officers; compensation;
recordkeeping. (a) The board of directors of the authority shall be elected by the duly designated
representatives of the municipalities which are authorized and directed to designate a member
of the election committee as hereinafter provided in this section. Until the first meeting
of the board of directors following the meeting in 2015 of the election committee hereinafter
provided for, the board of directors shall consist of nine members; thereafter, the board
shall consist of the number of members equal to the number of municipalities contracting with
the authority for the purchase of electric power and energy pursuant to Section 11-50A-17,
which are authorized and directed to designate a member of the election committee. Members
of the board of directors shall be eligible to succeed themselves. The business, affairs,
and property of the authority shall be managed by its board of directors....
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11-50A-17
or otherwise, unless and only to the extent the municipality has, prior to entering into the
contract with the authority, incurred a binding obligation to make such payments. (c) The
contract provided for by this section may obligate the municipality to indemnify and save
harmless the authority, the members of its board, its officers or its employees from any and
all damage to persons and property occurring on or by reason of the project and to undertake,
at the expense of the municipality, the defense of any action brought against the authority
by reason of injury or damages to persons or property occurring on or by reason of
the project. (d) In the event of any failure or refusal on the part of a municipality to perform
punctually any covenant or obligation contained in the contract provided for by this section,
the authority may have the municipality's performance enforced by any legal or equitable process,
including specific performance. (Acts 1981, No. 81-681, p. 1114, ยง17.)...
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