Code of Alabama

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4-3-47
perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, excepting actions in tort against the authority; (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, take and
hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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11-97-2
The board of directors of a corporation. (4) BONDS. Bonds, notes, or other obligations representing
an obligation to pay money. (5) CORPORATION. Any public corporation organized pursuant to
the provisions of this chapter. (6) COSTS. As applied to a facility or any portion thereof,
shall include all or any part of the cost of construction, acquisition, alteration, enlargement,
extension, reconstruction, improvement, and remodeling of a facility, including all lands,
structures, real or personal property, rights, rights-of-way, franchises, easements,
permits, approvals, licenses, and certificates and interests acquired or used for, in connection
with or with respect to a facility, the cost of demolishing or removing any buildings or structures
on land so acquired, including the cost of acquiring lands to which such buildings or structures
may be moved, the cost of all machinery and equipment, financing charges, underwriters' commissions
or discounts, interest prior to, during, and...
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24-1-23
Section 24-1-23 Procedure for incorporation of authority; boundaries of authority; denial of
petition for incorporation; resubmission of petition after denial. Any 25 residents of a city
or of the area within 10 miles from the territorial boundaries thereof may file a petition
with the city clerk setting forth that there is a need for an authority to function in the
city and the surrounding area. Upon the filing of such a petition the city clerk shall give
notice of the time, place and purpose of a public hearing at which the council will determine
the need for an authority in the city and surrounding area. Such notice shall be given at
the city's expense by publishing a notice, at least 10 days preceding the day on which the
hearing is to be held, in a newspaper having a general circulation in the city and said surrounding
area or, if there be no such newspaper, by posting such a notice in at least three public
places within the city, at least 10 days preceding the day on which the...
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24-1-62
Section 24-1-62 Procedure for incorporation of authority; boundaries of authority; denial of
petition for incorporation; resubmission of petition after denial. Any 25 residents of a county
may file a petition with the county commission setting forth that there is a need for an authority
to function in the county. Upon the filing of such a petition, the county commission shall
give notice of the time, place, and purpose of a public hearing at which the county commission
will determine the need for an authority in the county. Such notice by the county commission
shall be given at the county's expense by publishing a notice, at least 10 days preceding
the day on which the hearing is to be held, in a newspaper having a general circulation in
the county or, if there be no such newspaper, by posting such a notice in at least three public
places within the county at least 10 days preceding the day on which the hearing is to be
held. Upon the date fixed for said hearing, held upon notice as...
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11-47-224
against all persons having claims of any kind in tort, contract, or otherwise against the authority,
irrespective of whether the persons have actual notice thereof, from the time notice of the
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 the 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 the property is or is to be located pursuant to any agreement made by
the authority with any person respecting the location and use of the property. The notice
shall contain a statement of the existence of such a 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 terms...
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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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11-62-8
any authority may enter into contracts with the holders of any of its bonds or notes preventing
such authority from thereafter issuing general obligation bonds or notes or limiting the amount
of such bonds or notes that may thereafter be issued. To the extent permitted by any contracts
with the holders of outstanding bonds and notes and any other contractual obligations or requirements,
any authority may pledge any of its revenues or mortgage or assign any of its assets, whether
real or personal and whether tangible or intangible, to secure the payment of any of
its bonds or notes. (d) All obligations created or assumed by any authority and all bonds
or notes issued thereby shall be solely and exclusively an obligation of such authority and
shall not create an obligation or debt of the state, the determining municipality or any other
political subdivision of the state or public corporation or governmental agency existing under
the laws thereof; provided, that the provisions of this...
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11-97-10
such corporation; provided, that any corporation may enter into contracts with the holders
of any of its bonds preventing such corporation from thereafter issuing general obligation
bonds or limiting the amount of such bonds that may thereafter be issued. To the extent permitted
by any contracts with the holders of outstanding bonds and any other contractual obligations
or requirements, any corporation may pledge any of its revenues or mortgage or assign any
of its assets, whether real or personal and whether tangible or intangible, to secure
the payment of any of its bonds. (b) As security for payment of the principal of and the interest
and premium, if any, on any bonds issued or assumed by it, any corporation may enter into
a contract or contracts, and adopt resolutions or other proceedings containing provisions
constituting a part of the contract or contracts with the holders of such bonds, pertaining
to, among other things, the following matters: (1) Pledging all or any part of...
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22-21-313
Section 22-21-313 Application for incorporation of authority; authorizing resolution. (a) In
order to incorporate an authority, any number of natural persons, not less than three, shall
first file a written application with the governing body of any county, municipality, or educational
institution, or any two or more thereof, which application shall: (1) Recite the name of each
county, municipality, and educational institution with the governing body of which such application
is being filed; (2) Contain a statement that the applicants propose to incorporate an authority
pursuant to the provisions of this article; (3) State either a. where the authorizing subdivision
is a county or municipality, that each of the applicants is a duly qualified elector of the
authorizing subdivision (or, if there is more than one, at least one thereof) or b. where
the authorizing subdivision is an educational institution, that each of the applicants is
a duly qualified elector of the state; and (4)...
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11-97-4
Section 11-97-4 Incorporation procedure; contents, execution, and filing of certificate of
incorporation. (a) Within 40 days following the adoption of an authorizing resolution the
applicants shall proceed to incorporate a corporation by filing for record in the office of
the judge of probate of the county or one of the counties in which the determining subdivision
is located a certificate of incorporation which shall comply in form and substance with the
requirements of this section and which shall be in the form and executed in the manner herein
provided. (b) The certificate of incorporation of the corporation shall state: (1) The names
of the persons forming the corporation, and that each of them is a duly qualified elector
of the determining subdivision; (2) The name of the corporation [which shall be "The
Governmental Utility Services Corporation of ___," with the insertion of the name of
the determining subdivision (which name may include additional wording identifying...
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