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11-8A-5
Section 11-8A-5 Preparatory advice and consultation. In preparing the county government bond
financing review form, the county commission shall consult with and obtain advice from either
an attorney for the county, the county administrator, or, at the option of the county commission,
a certified public accountant regarding any and all bond or swap proposals received by the
county. The person or persons utilized by the county commission for advice and consultation
shall review all documents to be included at the execution of the bond financing agreement
or swap agreement. (Act 2009-757, p. 2287, §5.)...
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11-8A-3
Section 11-8A-3 County government bond financing review form. (a) In addition to any and all
other documents presented for examination and execution of a bond financing agreement which,
for the purposes of this chapter, takes place at the time a county commission makes an official
award of the bonds, the county commission shall execute a county government bond financing
review form. The standard review form shall be prepared by the Department of Examiners of
Public Accounts and shall include statements to the effect that: (1) The county commission
has considered whether it can satisfy its financial obligations for the life of the bonds.
(2) In the case of limited obligation indebtedness, the county commission has identified the
source for the debt service payments for the life of the bonds, and in the case of general
obligation indebtedness, the county commission has indicated that the full faith and credit
of the county has been pledged for the debt service payments for the life of...
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11-8A-4
Section 11-8A-4 Required documentation. (a) In addition to the requirements of Section 11-8A-3,
the bond financing agreement documents shall include a detailed itemization of the costs and
fees which will be paid directly by the county commission or from bond proceeds under the
bond financing agreement. This itemization shall include a statement acknowledging that the
amounts of these costs and fees have been presented and explained to all members of the county
commission prior to the sale of bonds. The acknowledgement statement shall be signed by the
chair of the county commission or another commission member designated by the county commission
and by the authorized signatory for the bond underwriter. (b) In connection with a swap agreement,
the documentation necessary to effectuate the swap agreement shall also include a statement
from the authorized signatory for the bond underwriter or authorized signatory of the provider
of the swap agreement to the effect that: (1) It has...
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11-8A-1
Section 11-8A-1 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) BOND FINANCING AGREEMENT. An agreement or other document relating to the sale
or issuance of bonds including, but not limited to, a bond purchase agreement, a loan agreement,
a refinancing agreement, or documents providing for bonds sold or issued on a competitive
sale basis. (2) BONDS. Bonds, bond anticipation notes, warrants, warrant anticipation notes,
or indebtedness issued or entered into on behalf of the county or by the county commission
for a term of at least three years or more. (3) BUSINESS DAY. A day, other than a Saturday
or a Sunday, on which commercial banking institutions are open for business in the State of
Alabama and a day on which the payment system of the Federal Reserve System is operational.
(4) CAPITAL EXPENDITURE. Any cost or expense of a type that is properly chargeable to a capital
account under general federal income tax principles. (5) GENERAL...
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22-21-263
Section 22-21-263 New institutional health services subject to review. (a) All new institutional
health services which are subject to this article and which are proposed to be offered or
developed within the state shall be subject to review under this article. No institutional
health services which are subject to this article shall be permitted which are inconsistent
with the State Health Plan. For the purposes of this article, new institutional health services
shall include any of the following: (1) The construction, development, acquisition through
lease or purchase, or other establishment of a new health care facility or health maintenance
organization. A transaction involving the sale, lease, or other transfer or change of control
of an existing health care facility, existing health maintenance organization, or existing
institutional health service is not subject to certificate of need review or approval under
this article unless the transaction also involves implementing one or...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. §1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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32-8-87
or any other person pays or makes other monetary settlement to a person when a vehicle is damaged
and the damage to the vehicle is greater than or equal to 75 percent of the fair retail value
of the vehicle prior to damage as set forth in a current edition of a nationally recognized
compilation of retail values, including automated data bases. The compensation for total loss
as defined in this subsection shall not include payments by an insurer or other person for
medical care, bodily injury, vehicle rental, or for anything other than the amount
paid for the actual damage to the motor vehicle. A vehicle that has sustained minor damage
as a result of theft or vandalism shall not be considered a total loss. Any person acquiring
ownership of a damaged motor vehicle that meets the definition of total loss for which a salvage
title has not been issued shall apply for a salvage title, other than a scrap metal processor
acquiring such vehicle for purposes of recycling into metallic...
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11-8A-2
Section 11-8A-2 Compliance with chapter. Notwithstanding any other law, after October 1, 2009,
no county commission may enter into any bond financing agreement or other transaction related
to establishing bonded indebtedness that constitutes or creates an obligation, debt, or charge
against the credit or taxing power of the county until and unless the county has satisfied
the requirements of this chapter. (Act 2009-757, p. 2287, §2.)...
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