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9-6-8
by all of the directors of the authority setting forth the details of the amendment, such certificate
to be acknowledged in the same manner as the certificate of incorporation; (5) To adopt and
alter bylaws for the regulation and conduct of its affairs and business; (6) To acquire, receive
and take title to, by purchase, gift, lease, devise or otherwise, to hold, keep and develop
and to transfer, convey, lease, assign or otherwise dispose of property of every kind and
character, real, personal and mixed, and any and every interest therein, whether located
within or outside of the area of operation or within or outside of the State of Alabama; (7)
To acquire, purchase, construct, own, operate, maintain, enlarge, extend and improve any equipment,
plant, apparatus or system of whatever kind and character used or which may be useful in connection
with the control, abatement or prevention of water, air or general environmental pollution
directly or indirectly, to enter into...
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13A-7-29
Section 13A-7-29 Criminal littering. (a) A person commits the crime of criminal littering if
he or she engages in any of the following acts: (1) Knowingly deposits in any manner litter
on any public or private property or in any public or private waters without permission to
do so. For purposes of this subdivision, any series of items found in the garbage, trash,
or other discarded material including, but not limited to, bank statements, utility bills,
bank card bills, and other financial documents, clearly bearing the name of a person shall
constitute a rebuttable presumption that the person whose name appears on the material knowingly
deposited the litter. Advertising, marketing, and campaign materials and literature shall
not be sufficient to constitute a rebuttable presumption of criminal littering under this
subsection. (2) Negligently deposits, in any manner, glass or other dangerously pointed or
edged objects on or adjacent to water to which the public has lawful access for...
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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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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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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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45-9-243.40
user thereof of freight cars, oxygen and acetylene tanks, and similar property, in respect
of which detention a demurrage or per diem charge is made against the user of such property,
shall not be deemed to constitute a transaction whereunder property is leased or rented to
another within the meaning of this section. (6) TANGIBLE PERSONAL PROPERTY. Personal
property which may be seen, weighed, measured, felt, or touched, or is in any other manner
perceptible to the senses. The term "tangible personal property" shall not
include stocks, bonds, notes, insurance, or other contracts, or securities. (7) MEDICAL EQUIPMENT.
Equipment used primarily for and essential to medical care for or to aid in the diagnosis,
cure, mitigation, or treatment of disease or injury affecting any structure or function
of the body. Such term shall include, but not be limited to, hospital beds, wheelchairs, walkers,
orthopedic appliances, and convalescent aids. (8) EXEMPT ORGANIZATION. Any organization exempt...
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11-54A-9
prosecute and defend civil actions in any court having jurisdiction of the subject matter and
of the parties. (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, whether by purchase, construction, exchange, gift, lease, or otherwise and
to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more projects,
including all real and personal properties which the board of the authority may deem
necessary in connection therewith, regardless of whether or not any such projects shall then
be in existence. (6) To lease to others any or all of its projects 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. (7) To sell, exchange, donate, or convey and to grant options
to any lessee to acquire any of its projects and any or all of its...
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13A-8-1
7-9A-102(a)(28), in respect of property in which the secured party has a security interest,
as defined in Section 7-1-201(37). (10) PROPELLED VEHICLE. Any propelled device in, upon,
or by which any person or property is transported on land, water, or in the air, and such
term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled
by machinery, whether or not that machinery is the principal source of propulsion. (11) PROPERTY.
Any money, tangible or intangible personal property, property (whether real or personal)
the location of which can be changed (including things growing on, affixed to, or found in
land and documents, although the rights represented hereby have no physical location), contract
right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing
of value of any kind. Commodities of a public utility nature, such as gas, electricity, steam,
and water, constitute property, but the supplying of such a commodity to...
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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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22-27-48
Section 22-27-48 Implementation of plans. (a) In addition to any regulatory bodies, the governing
body of a county or municipality has a responsibility for and the authority to assure the
proper management of solid wastes generated within its jurisdiction in accord with its solid
waste management plan. A governing body may assign territories and approve or disapprove disposal
sites in its jurisdiction in accord with the plan approved for its jurisdiction. Such approval
or disapproval of services or activities described in the local plan shall be in addition
to any other approvals required from other regulatory authorities and shall be made prior
to any other approvals necessary for the provision of such services, the development of a
proposed facility or the modification of permits for existing facilities. (b) The department
may not consider an application for a new facility unless the application has received approval
pursuant to Section 22-27-48.1 by the affected local governing...
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