Code of Alabama

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11-54-129
Section 11-54-129 Use of assets. (a) Subject to succeeding provisions hereof with respect to
the investment of moneys held in and forming a part of an endowment trust fund, and the management,
use, and disposition of other properties, whether real or personal, tangible or intangible,
contributed to such fund, all moneys held in and forming a part of an endowment trust fund,
whether such moneys may be characterized as either principal or income of such fund, may be
expended, and all other properties contributed to a trust fund may be used only to induce
new business, manufacturing, industrial, commercial, service, and research enterprises, whether
or not any such enterprise, or any property to be utilized in connection therewith, would
constitute a "project" within the meaning of either industrial development board
act, to locate within the statutory service area of the board that created such fund, and
to foster activities and policies conducive to the continuing prosperity of such...
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11-54-130
authorized by this division to be addressed therein, an investment policy may contain such
provisions as the investment committee may deem advisable with respect to the purchase, sale,
and disposition of investments by a fund manager with or without the prior approval, whether
written or oral of such committee. The investment committee shall monitor the performance
of investments of moneys held in and forming a part of such fund, compliance with the investment
policy, and if and to the extent authorized by the directors to do so, the management, use,
and disposition of any other properties, whether real or personal, tangible or intangible,
contributed to the fund. (d) The directors may authorize the investment committee or any fund
manager, or any one or more of them, to provide for the management, use, and disposition of
any properties, other than money, contributed to the fund, subject to such conditions or limitations
as the directors deem advisable. (Act 2000-730, p. 1569, ยง6.)...
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11-54-125
Section 11-54-125 Definitions. As used in this division, the following terms shall have the
following meanings: (1) AUTHORIZING RESOLUTION. A resolution adopted by the directors and
authorizing the execution and delivery of a trust agreement. (2) DIRECTORS. The board of directors
of an industrial development board. (3) ENDOWMENT TRUST FUND or FUND. A trust fund created
by an industrial development board pursuant to this division. (4) FUND MANAGER. Any individual,
partnership, corporation, or other person, including, without limitation, a trustee bank,
employed to manage and invest moneys held in and forming a part of an endowment trust fund
and other contributions to such fund. (5) INDUSTRIAL DEVELOPMENT BOARD or BOARD. A public
corporation now in existence or hereafter organized pursuant to the provisions of either industrial
development board act. (6) INDUSTRIAL DEVELOPMENT BOARD ACT. Act 648, 1949 Regular Session,
as amended, and Division 1 and Division 2 of this article, as...
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11-54-128
The directors may, in either the authorizing resolution or the trust agreement authorized thereby,
or, at the discretion of the directors, in both, all as the directors shall deem appropriate,
set out all of the following: (1) The general purpose or purposes of such fund, and, subject
to the provisions of Section 11-54-129, the purpose or purposes for which moneys held in and
forming a part of such fund may be expended and the manner in which all other properties,
whether real or personal, tangible or intangible contributed to such fund may be managed,
used and disposed of. (2) A procedure or procedures for the distribution or expenditure of
such moneys and the management, use, and disposition of such other properties. (3) The period,
if any, for the duration of the fund, except that the period may not exceed the duration of
the board itself. (4) Any limitations, conditions, or restrictions to be placed on the investment
committee with respect to the investment policy...
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11-54-127
of incorporation to the contrary, any industrial development board shall have all of the following
powers, together with all powers incidental thereto or necessary to the discharge thereof
in corporate form: (1) To create or establish one or more endowment trust funds. (2) To receive
and accept from any private source, for the account of any endowment trust fund so created
or established by it, contributions in the form of gifts of money, stocks, bonds, and other
debt securities, other personal property, whether tangible or intangible, and real
property of any description, subject, in the case of any such contribution, to any lawful
condition to the use thereof that is specified by the donor thereof and that is not inconsistent
with the provisions of this division. (3) To deposit, or to cause to be deposited, into any
endowment trust fund created by it any moneys derived by the board from the leasing or sale
of any project or otherwise received by the board in connection with the...
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11-97-8
to defend suits against it; (3) To adopt and make use of a corporate seal and to alter the
same at pleasure; (4) To adopt, alter, and repeal bylaws, regulations, and rules, not inconsistent
with the provisions of this chapter, for the regulation and conduct of its affairs and business;
(5) To acquire, whether by gift, purchase, transfer, foreclosure, lease, or otherwise, to
construct and to expand, improve, operate, maintain, equip, and furnish one or more facilities,
including all real and personal properties that its board may deem necessary in connection
therewith, regardless of whether or not any such facility shall then be in existence and,
if in existence, regardless of whether or not any such facility is then owned or leased by
any person to which such facility may subsequently be sold or leased by such corporation;
(6) To borrow money and to sell and issue bonds as hereinafter provided for any corporate
use or purpose; (7) To lease to any person or persons all or any part of...
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11-54-133
Section 11-54-133 Termination or dissolution of fund. Upon the termination or dissolution of
an endowment trust fund, all properties held in and forming a part of such fund, whether real
or personal, tangible or intangible, and whether characterized as principal or income
of such fund, shall continue to be or shall become, as the case may be, the property of the
industrial development board that created or established the fund; provided, that the board
may, subject to any applicable conditions set out in either the authorizing resolution or
the trust agreement pertaining to the fund, from time to time pay over, distribute, or convey,
with or without consideration, to the municipality whose governing body authorized the incorporation
of the board, all or any of the properties or any portion or portions thereof. After the termination
or dissolution of the fund, all such properties may be expended or used, whether by the board
or the municipality, for one or more of the purposes specified...
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45-17-91.23
authorized by law to do so, expend any moneys so appropriated to it out of the Shoals Economic
Development Fund without any further consent or other action on the part of the committee.
(c) Subject to succeeding provisions of this subpart, including particularly, but without
limitation, those provisions hereof respecting the investment of moneys held in and forming
a part of the Shoals Economic Development Fund, and the management, use, and disposition of
other properties, whether real or personal, tangible or intangible, contributed to
such fund, all moneys held in and forming a part of the Shoals Economic Development Fund,
whether such moneys may be characterized as either principal or income of such fund, may be
expended or appropriated, and all other properties contributed to such fund may be used, only
for the following purposes: (1) To induce the location, within either of the counties or any
city or town therein, of (i) new manufacturing, industrial, and research enterprises,...
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11-101A-8
subject, however, to Chapter 93 of this title, which chapter is hereby made applicable to the
authority. (3) To adopt, alter, amend, and repeal bylaws, regulations, and rules for the regulation
and conduct of its affairs and business. (4) To adopt and make use of a corporate seal and
to alter the same at pleasure. (5) 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 board deems necessary in connection
therewith, regardless of whether any projects are then in existence, at such place or places,
within and without the boundaries of its authorizing subdivisions, as it considers necessary
or advisable. (6) To lease or otherwise make available its projects or other of its properties
or assets, with or without charge, to the United States or to one or more of its authorizing
subdivisions, for sublease to the United States, on such terms...
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22-21-318
properties and assets to such persons, firms, partnerships, associations or corporations and
on such terms as the board deems to be appropriate, to charge and collect rent or other fees
or charges therefor and to terminate any such lease or other agreement upon the failure of
the lessee or other party thereto to comply with any of its obligations thereunder; (7) To
receive, acquire, take and hold (whether by purchase, gift, transfer, foreclosure, lease,
devise, option or otherwise) real and personal property of every description, or any
interest therein, and to manage, improve and dispose of the same by any form of legal conveyance
or transfer; provided however, that the authority shall not, without the prior approval of
the governing body of each authorizing subdivision, have the power to dispose of (i) substantially
all its assets, or (ii) any health care facilities the disposition of which would materially
and significantly reduce or impair the level of hospital or health care...
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