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11-97-16
Section 11-97-16 Utility services agreements; incurring indebtedness by governmental users;
enforceability of utility services agreements. (a) Any county or municipality, or any instrumentality
of either thereof, if authorized by resolution or ordinance of its governing body, may enter
into one or more utility services agreements with a provider or providers pursuant to which
such provider or providers shall provide one or more utility services for, or for the benefit
of, any such governmental user that is a party to such utility services agreement. Any such
utility services agreement may provide for the purchase by the governmental user thereunder
of all or any part of the capacity, capability, or output of the facilities used to provide
the applicable utility services. Since the receipt of utility services by a governmental user
pursuant to a utility services agreement affords such governmental user the benefits of such
utility services without the burdens of ownership and operation...
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11-97-2
Section 11-97-2 Definitions. The following words and phrases used in this chapter, and others
evidently intended as the equivalent thereof, shall, in the absence of a clear implication
herein otherwise, be given the following respective interpretations herein: (1) APPLICANT.
A natural person who files a written application with the governing body of any county or
municipality in accordance with the provisions of Section 11-97-3 hereof. (2) AUTHORIZING
RESOLUTION. A resolution of ordinance adopted by the governing body of any county or municipality
in accordance with the provisions of Section 11-97-3 hereof, that authorizes the incorporation
of a corporation. (3) BOARD. 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...
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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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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the agency
shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in its corporate
name. b. May sue and be sued in its corporate name. c. May adopt, use and alter a corporate
seal, which shall be judicially noticed. d. May enter into such contracts and cooperative
agreements with the federal, state and local governments, with agencies of such governments,
with private individuals, corporations, associations, trusts and other organizations as the
board may deem necessary or convenient to enable it to carry out the purposes of this chapter,
including the planned, orderly residential development of the area. e. May adopt, amend and
repeal bylaws. f. May appoint such managers, officers, employees, attorneys and agents as
the board deems necessary for the transaction of its business, fix their compensation, define
their duties, require bonds of such of them as the board may...
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11-50A-1
Section 11-50A-1 Definitions. As used in this chapter, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) AUTHORITY. Alabama Municipal
Electric Authority created pursuant to this chapter and any successor or successors thereto.
(2) BOARD. The board of directors of the authority. (3) BONDS. Any bonds issued by the authority
under the provisions of this chapter, including refunding bonds. (4) BOND ANTICIPATION NOTES.
Short term obligations issued by the authority in anticipation of the issuance of bonds. (5)
COSTS. All costs of acquisition, construction, reconstruction, improvement, equipment, alteration,
repair, or extension of any project; all costs of real and personal property required for
the purposes of any project, including any rights or undivided interest therein; all costs
of easements, franchises, water rights, fees, permits, approvals, licenses, and certificates,
and all costs of securing any permits, approvals, licenses,...
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36-26-8
Section 36-26-8 Director of personnel - Executive head of department; powers and duties generally;
agreements with political subdivisions of state; cooperation with other governmental agencies.
(a) The director, as executive head of the department, shall direct and supervise all its
administrative and technical activities. (b) It shall be the duty of the director to: (1)
Attend all meetings of the board, act as its secretary, and record its official actions. (2)
Appoint, with the approval of the board, such employees of the department and such experts
and special assistants as necessary to carry out effectively this article. (3) Prepare and
recommend rules and regulations for the administration of this article. (4) Recommend and,
on its adoption, establish, administer, and execute a classification plan for the state service.
(5) Submit to the Governor, after its approval by the board, a pay plan for all positions
in the state service. (6) Conduct tests, formulate employment registers,...
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23-2-144
Section 23-2-144 Powers of the authority. (a) The authority shall have the following powers:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business. (2)
To adopt an official seal and alter the same at pleasure. (3) To maintain a principal office
and branch offices at the place or places within the state as it may designate. (4) To sue
and be sued in its own name, including suits in tort. (5) With the consent and approval of
the department, to acquire and construct toll road, bridge, or tunnel projects at locations
as the authority may determine to be desirable, practicable, and economically feasible and
to maintain, repair, and operate the projects. (6) To issue toll road, bridge, or tunnel revenue
bonds of the authority for any of its corporate purposes, payable solely from its tolls, other
revenues, and proceeds of the bonds, and to refund its bonds, all as provided in this article.
No bonds issued under the provisions of this article shall constitute a...
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11-97-17
Section 11-97-17 Prior approval of utility services agreements and related agreements with
governmental users; notice and public hearing. (a) No utility services agreement or related
agreements in connection with the acquisition, construction, equipment, or operation of any
facilities may be entered into by any governmental user pursuant to the provisions of this
chapter unless the entering into of such utility services agreement and related agreements
by such governmental user is approved by resolution adopted by the governing body of such
governmental user in accordance with the provisions of this chapter; and any utility services
agreement or related agreements entered into without prior compliance with the provisions
of this section shall be void; provided, however, that no public hearing pursuant to the provisions
of this section shall be required in connection with the entering into of any utility services
agreement by Tannehill Furnace and Foundry Commission. (b) No approval of...
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37-16-3
Section 37-16-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADVANCED COMMUNICATIONS CAPABILITIES. The communications capabilities defined
from time to time as advanced telecommunications capabilities by the Federal Communications
Commission (FCC) through regulations, statutes, or other written guidance or orders. The term
also includes broadband systems and broadband services. (2) BROADBAND AFFILIATE. A person
that is at least 10 percent owned by an electric provider, controlled by way of ownership
interests therein, directly or indirectly, by the electric provider, or under common control
with the electric provider, and which is formed to provide, among other services, utility
support services or nonutility support services. (3) BROADBAND OPERATOR. A person that owns
or operates a broadband system within an electric easement, including the electric provider
if the electric provider is operating the broadband system and including a...
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37-15-2
Section 37-15-2 Definitions. As used in this chapter the following words have the following
meanings: (1) APPROXIMATE LOCATION OF UNDERGROUND FACILITIES. Information about an operator's
underground facilities which is provided to a person by an operator and must be accurate to
within 18 inches measured horizontally from the outside edge of each side of such operator's
facility, or a strip of land 18 inches either side of the operator's field mark or the marked
width of the facility plus 18 inches on each side of the marked width of the facility. (2)
AUTHORITY. The Underground Damage Prevention Authority created under Section 37-15-10.1. (3)
AUTHORITY BOARD. The Underground Damage Prevention Board created under Section 37-15-10.1.
(4) BLASTING. The use of an explosive device for the excavation of earth, rock, or other material
or the demolition of a structure. (5) CONTRACT LOCATOR. Any person contracted with an operator
specifically to determine and mark the approximate location of the...
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