Code of Alabama

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11-89-18
Section 11-89-18 Existence of district not to prevent subsequent incorporation, etc., of another
district. The existence of one or more districts incorporated under the provisions of this
chapter shall not prevent the subsequent incorporation under this chapter of another district
or the amendment of the certificate of incorporation of another district pursuant to authority
granted by the same county, counties, municipality or municipalities, public corporation or
public corporations, or by the same combination thereof, even though the service area described
in the certificate of incorporation, as originally filed or amended, of any existing district
may include territory that lies within the proposed service area of a district that is proposed
to be incorporated under this chapter or that proposes to amend its certificate of incorporation
under this chapter. (Acts 1970, Ex. Sess., No. 29, p. 2630, §19; Acts 1989, No. 89-745, p.
1494, §9.)...
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11-99B-16
Section 11-99B-16 Existence of district not to prevent subsequent incorporation of another
district. The existence of one or more districts incorporated under the provisions of this
chapter shall not prevent the subsequent incorporation under this chapter of another district
or the amendment of the certificate of incorporation of another district pursuant to authority
granted by the same county, counties, municipality or municipalities, public corporation or
public corporations, or by the same combination thereof, even though the project described
in the certificate of incorporation, as originally filed or amended, of any existing district
may include a project proposed by a district that is proposed to be incorporated under this
chapter or that proposes to amend its certificate of incorporation under this chapter. (Act
2000-781, p. 1825, §16.)...
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11-92C-21
Section 11-92C-21 Existence of authority not to prevent subsequent incorporation of another
authority. The existence of one or more authorities incorporated under this chapter shall
not prevent the subsequent incorporation under this chapter of another authority or the amendment
of the certificate of incorporation of another authority pursuant to authority granted by
the same county, counties, municipality or municipalities, public corporation or public corporations,
or by the same combination thereof, even though the project described in the certificate of
incorporation, as originally filed or amended, of any existing authority may include a project
proposed by an authority that is proposed to be incorporated under this chapter or that proposes
to amend its certificate of incorporation under this chapter. (Act 2020-72, §21.)...
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11-89-5
Section 11-89-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any district incorporated under the provisions of
this chapter may at any time and from time to time be amended in the manner provided in this
section. (b)(1) The board of directors of the district shall first adopt a resolution proposing
an amendment to the certificate of incorporation which shall be set forth in full in the said
resolution and which amendment may include: a. A change in the name of the district; b. The
addition to the service area of the district of new territory lying within any municipality
or, in the case of territory not lying within any municipality, any county in which the district's
then existing service area lies; c. Provisions for the operation of a system or facility the
operation of which is not then provided for in the certificate of incorporation of the district
and which the district is authorized by this chapter to operate;...
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10A-2A-1.40
Section 10A-2A-1.40 Chapter definitions. Notwithstanding Section 10A-1-1.03, as used in this
chapter, unless otherwise specified or unless the context otherwise requires, the following
terms have the following meanings: (1) AUTHORIZED STOCK means the stock of all classes and
series a corporation or foreign corporation is authorized to issue. (2) BENEFICIAL STOCKHOLDER
means a person who owns the beneficial interest in stock, which is either a record stockholder
or a person on whose behalf shares of stock are registered in the name of an intermediary
or nominee. (3) CERTIFICATE OF INCORPORATION means the certificate of incorporation described
in Section 10A-2A-2.02, all amendments to the certificate of incorporation, and any other
documents permitted or required to be delivered for filing by a corporation with the Secretary
of State under this chapter or Chapter 1 that modify, amend, supplement, restate, or replace
the certificate of incorporation. After an amendment of the certificate...
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11-92C-8
Section 11-92C-8 Powers of authority. (a) The authority shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
subject to Section 11-92C-20, specified in its certificate of incorporation. (2) To sue and
be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; provided that the authority shall be deemed to be
a governmental entity as defined in Chapter 93 of this title for the purpose of limiting the
damages for which the authority may be liable. (3) To adopt and make use of a corporate seal
and to alter the seal at its 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...
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11-62-8
Section 11-62-8 Bonds and notes generally - Form, terms, denominations, etc.; execution, sale,
delivery, redemption, etc.; security for payment of principal or interest; remedies upon default;
liability of municipalities, board, etc., thereupon. (a) Any authority shall have power to
issue from time to time its bonds and notes in such principal amount as its board shall determine
to be necessary to provide sufficient funds for achieving any of its corporate purposes, including
the payment of interest on any of its notes and bonds, the establishment of reserves to secure
any such notes and bonds and all other expenditures of such authority incident to and necessary
or convenient to carry out its corporate purposes and powers. Any authority shall also have
the power to issue from time to time notes to renew notes and bonds to pay notes, including
interest thereon and, whenever it deems refunding expedient, to refund any bonds by the issuance
of new bonds, whether the bonds to be refunded...
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11-50-520
Section 11-50-520 Definitions. The following words and phrases and others importing the same
meaning, where used in this chapter, shall be given the following respective interpretations
and meanings: (1) THE CORPORATION. Any corporation organized under this chapter. (2) APPLICANTS.
Those persons who organize the corporation. (3) POWER DISTRICT. The territory proposed to
be served by the corporation as specified in its certificate of incorporation as originally
filed or any amendment thereto made pursuant to the provisions of this chapter. (4) MUNICIPALITY
or MUNICIPALITIES. Any city or town incorporated under the laws of Alabama. (5) COUNTY or
COUNTIES. Any county organized under the laws of Alabama. (6) GOVERNING BODY. Whenever used
in relation to any municipality, the city or town council, city commission or the body or
board, by whatsoever name known, having charge of the governing of a municipality, and shall
be held to include the mayor or other chief executive officer of the...
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11-99B-3
Section 11-99B-3 Filing of application for incorporation of district; adoption of resolutions
approving or denying application by governing bodies. (a) In order to incorporate a district
under this chapter, any number of natural persons, not less than three, shall first file an
identical written application with the governing body of each county, municipality, and public
corporation proposed to be a member of the proposed district. Such application shall contain:
(1) A statement of each project that the district proposes to acquire or construct. (2) A
general description of the area or areas in which the district proposes to acquire or construct
such project or projects, and the name of each county, municipality, and public corporation
proposed to be a member of the district. (3) A proposed total number of directors, which shall
be at least equal to the total number of counties and municipalities, and public corporations
with the governing bodies of which such application is filed, but...
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11-89-3
Section 11-89-3 Filing of application for incorporation of district; adoption of resolutions
approving or denying application, etc., by governing bodies. (a) In order to incorporate a
district under this chapter, any number of natural persons, not less than three, shall first
file an identical written application with the governing body of each county and municipality
located in whole or in part within the boundaries of the area or areas to be served by the
proposed district, or, if the district is to be a supply district, with the governing body
of each county, municipality, and public corporation to be served by the proposed district.
Such application shall contain: (1) A statement that the district proposes to render water
service, sewer service, and fire protection service or any one or more thereof; (2)(i) A concise
legal description of the area or areas in which the district proposes to render water service,
sewer service, and fire protection service or any thereof, a designation...
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