11-47-218
Section 11-47-218 Powers of authorities generally; location of projects; exercise of power
of eminent domain. (a) In addition to all other powers at any time conferred on it by law,
and subject to any express provisions of its certificate of incorporation to the contrary,
an authority shall have the following lawful powers, together with all powers incidental thereto
or necessary to discharge thereof in the corporate form: (1) To have succession by its corporate
name in perpetuity or for the duration specified in its certificate of incorporation. (2)
To sue and be sued in its own name in civil actions and to defend actions 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 this article or its
certificate of incorporation, for the regulation and conduct of the affairs and business of
the authority. (5) To acquire, receive, take, and hold, whether by purchase,...
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11-92B-8
Section 11-92B-8 Amendment of articles. (a) The articles of an authority may at any time and
from time to time be amended in the manner provided in this section. The board shall first
adopt a resolution proposing an amendment to the articles, which amendment shall be set forth
in full in the resolution and which may include any matters that might have been included
in the original articles. (b) After the adoption by the board of a resolution proposing an
amendment to the articles, the chair and the secretary of the authority shall sign and file
with the governing bodies of the county of incorporation, and each municipality whose corporate
limits lie in whole or in part within the operational area of the authority, a written application
in the name and on behalf of the authority, under its seal, requesting that such governing
body or bodies adopt a resolution approving the proposed amendment, and accompanied by a copy
of the resolution adopted by the board proposing the amendment to the...
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22-21-132
Section 22-21-132 Incorporation - Application; resolution. Whenever any number of natural persons,
not less than three, shall file with the governing body an application in writing for permission
to incorporate a public corporation under the provisions of this article, if it shall be made
to appear to the governing body that each of the said persons is a duly qualified elector
of, and property owner in, the municipality and if the governing body shall duly adopt a resolution
wherein it shall be declared that it will be wise, expedient and necessary that such a public
corporation be formed and that the persons filing such application shall be authorized to
proceed to form such public corporation, then the said persons shall become the incorporators
of and shall proceed to incorporate the authority in the manner provided in this article.
No corporation shall be formed under this article unless the application provided for in this
section shall be made and unless the resolution provided...
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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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45-29-140.05
Section 45-29-140.05 Powers of authority; rates and charges. (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 specified in its certificate of incorporation. (2) To sue and be sued in its own name
in civil actions, except as otherwise provided in this article, and to defend civil actions
against it. (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, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether located in one or more
counties and whether located within or outside the service area. (6) To make, enter into,
and execute such contracts, agreements, leases, and other instruments and to take...
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45-49-90.05
Section 45-49-90.05 Certificate of incorporation Amendments. (a) If any corporation formed
under this part has accidentally or inadvertently failed to comply with the requirements of
this part in its organization, such omission or defect may be corrected by filing an amendment
as provided in this section. The certificate of incorporation of any corporation formed under
this part may also at any time and from time to time be amended so as to make any changes
therein and add any provisions thereto which might have been included in the certificate of
incorporation in the first instance. (b) Any such amendment shall be effected in the following
manner: The board of directors of the corporation shall adopt a resolution proposing such
amendment to the certificate of incorporation. The chair of the board of directors of the
corporation shall file with the governing body of the county and, if applicable, any participating
municipality, an application in writing seeking permission to amend the...
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9-6-8
Section 9-6-8 Powers and duties generally. 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)
specified in its certificate of incorporation; (2) To maintain civil actions and have civil
actions maintained against it in its corporate name, except as otherwise provided in this
chapter, and to defend civil actions against it; (3) To adopt and make use of a corporate
seal and to alter the same at pleasure; (4) To amend its certificate of incorporation by filing
in the office of the Secretary of State a certificate signed 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...
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11-20-35
Section 11-20-35 Certificate of incorporation - Amendment. If any corporation formed under
this article has accidentally or inadvertently failed to comply with the requirements of this
article in its organization, such omission or defect may be corrected by filing an amendment
as provided in this section. The certificate of incorporation of any corporation formed under
this article may also at any time and from time to time be amended so as to make any changes
therein and add any provisions thereto which might have been included in the certificate of
incorporation in the first instance. Any such amendment shall be effected in the following
manner: The board of directors of the corporation shall adopt a resolution proposing such
amendment to the certificate of incorporation. The chairman of the board of directors of the
corporation shall file with the governing body of the county an application in writing seeking
permission to amend the certificate of incorporation, specifying in such...
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11-54-173
Section 11-54-173 Filing of application; contents; authorization or denial of incorporation
by governing body of authorizing municipality. (a) A public corporation may be organized pursuant
to the provisions of this article in any municipality. In order to incorporate such a public
corporation, any number of persons shall first file a written application with the governing
body of such municipality, which application shall: (1) Contain a statement that the applicants
propose to incorporate an authority pursuant to the provisions of this article. (2) State
the proposed location of the principal office of the authority, which shall be within the
corporate limits of the municipality with whose governing body such application is filed.
(3) Request that the governing body of such municipality adopt a resolution declaring that
it is wise, expedient, and necessary that the proposed authority be formed and authorizing
the applicants to proceed to form the proposed authority by the filing for...
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22-21-358
Section 22-21-358 Powers of authorities. In addition to all other powers at any time conferred
on it by law, and subject to any express provisions of its certificate of incorporation or
certificate of reincorporation to the contrary, an authority shall (to the extent at the time
not prohibited by the Constitution of Alabama) have the following powers, together with all
powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To
participate as a shareholder in a corporation, as a joint venturer in a joint venture, as
a general or limited partner in a limited partnership or a general partnership, as a member
in a nonprofit corporation or as a member of any other lawful form of business organization,
which provides health care or engages in activities related thereto; (2) To make or arrange
for loans, contributions to capital and other debt and equity financing for the activities
of any corporation of which such authority is a shareholder, any joint venture...
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