Code of Alabama

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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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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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11-89A-10
as against all persons having claims of any kind in tort, contract or otherwise against such
authority, irrespective of whether such persons have actual notice thereof, from the time
notice of such mortgage, security interest, assignment or pledge is filed for record (1) in
the office of the judge of probate in which the certificate of incorporation of such authority
was filed for record and (2) in the case of any mortgage or security interest covering any
tangible property, whether real, personal or mixed, in the office of the judge of probate
of the county in which such property is or is to be located pursuant to any agreement made
by such authority with any person respecting the location and use of such property. Such notice
shall contain a statement of the existence of any such mortgage, security interest, assignment
or pledge, as the case may be, a description of the property, revenues or contract rights
subject thereto and a description of the bonds secured thereby, all in...
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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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11-49B-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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11-89-7
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 chapter, 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
or municipalities 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 district
was organized or to exercise any power expressly granted under this section; (7) To plan,
establish, develop, acquire, purchase, lease, construct, reconstruct,...
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45-30-250.05
of 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 act, 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, or 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
contracts, agreements, leases, and other instruments and to take any other actions 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, maintain, equip,...
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37-14-36
Section 37-14-36 Special rules for elimination of duplication. The separate agreements listed
below which have heretofore been entered into between, or negotiated between retail electric
suppliers, have been reviewed by the legislature, determined to be in the public interest
and found not to be inconsistent with the purposes and policies set forth in this article.
In areas to which these agreements are applicable, the procedures for elimination and prevention
of duplication of electric distribution facilities set forth in these agreements shall govern.
The following agreements are therefore mandated by the State of Alabama to be applicable:
(1) Agreement between Cherokee Electric Cooperative (successor to Cherokee County Electric
Membership Corporation) and Alabama Power Company dated June 5, 1940. (2) Agreement among
the City of Bessemer, Alabama, Alabama Power Company and the Tennessee Valley Authority dated
August 12, 1971. (3) Agreement between the City of Tarrant City, Alabama...
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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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41-9-682
any of the aforesaid facilities. (c) The authority shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof: (1) To adopt, alter
and repeal bylaws, not inconsistent with the provisions of this section, for the regulation
and conduct of its affairs and business; (2) To acquire, whether by purchase, construction,
exchange, gift, lease or otherwise and to improve, maintain, equip and furnish one or more
projects, including all real and personal properties which the members of the authority
may deem necessary in connection therewith, regardless of whether or not any such projects
shall then be in existence; (3) To lease to others any or all of its projects and properties
and to charge and collect rent therefor and to terminate any such lease upon the failure of
the lessee to comply with any of the obligations thereof; (4) To receive and accept, from
any source, aid or contributions of money, property, labor or other items of value...
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