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10A-2-6.01
Section 10A-2-6.01 Authorized shares. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The articles of incorporation
must prescribe the classes of shares and the number of shares of each class that the corporation
is authorized to issue. If more than one class of shares is authorized, the articles of incorporation
must prescribe a distinguishing designation for each class, and, prior to the issuance of
shares of a class, the preferences, limitations, and relative rights of that class must be
described in the articles of incorporation. All shares of a class must have preferences, limitations,
and relative rights identical with those of other shares of the same class except to the extent
otherwise permitted by Section 10A-2-6.02. (b) The articles of incorporation must authorize
(1) one or more classes of shares that together have unlimited voting rights, and (2) one
or more classes of shares, which may be the...
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11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under this
chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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11-97-8
Section 11-97-8 Powers of corporation; location of facilities of corporation. (a) Every corporation
shall have all of the powers necessary and convenient to carry out and effectuate the purposes
and provisions of this chapter, including (without limiting the generality of the foregoing)
the following powers: (1) To have succession in its corporate name for the duration of time
(which may be in perpetuity, subject to the provisions of Section 11-97-22 hereof) specified
in its certificate of incorporation; (2) To sue and be sued in its own name in civil suits
and actions and to defend suits 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 the provisions of this chapter, for the regulation and conduct
of its affairs and business; (5) To acquire, whether by gift, purchase, transfer, foreclosure,
lease, or otherwise, to construct and to expand, improve, operate,...
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22-21-179
Section 22-21-179 Powers of corporation. The corporation shall have all the powers and authority
inhering in, or conferred upon, counties in the State of Alabama operating public hospitals,
except as otherwise provided, as well as the following specific 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 or until dissolved as provided in Section 22-21-191;
(2) Subject to the limitations contained in the provisions of this section, to maintain actions
and have actions maintained against it in its own name in civil, including ex delicto and
ex contractu, actions; (3) To adopt and make use of a corporate seal and to alter the same
at pleasure; (4) To adopt bylaws and amend the same; (5) To receive, acquire, take and hold,
whether by purchase, gift, lease, devise or otherwise, real and...
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22-21-76
Section 22-21-76 Board of directors. The corporation shall have a board of directors, which
shall constitute the governing body of the corporation. The members of the board of directors
shall be residents of the county and shall be elected by the county commission of the county
for staggered terms of office as follows: (1) The first term of one third of the directors
shall be for two years; (2) Of another one third for four years; (3) The remaining one third
for six years; and (4) Thereafter the term of office of each director shall be six years;
provided, that if any resolution adopted, pursuant to the provisions of Section 22-21-72,
by the county commission of a county having a population of more than 300,000 and less than
500,000, according to the last or any subsequent federal census, shall contain requirements
respecting the election of the directors of the corporation authorized in the said resolution,
then the directors shall be elected in the manner and for the terms and by the...
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10A-2A-8.30
Section 10A-2A-8.30 Standards of conduct for directors. Notwithstanding Division C of Article
3 of Chapter 1: (a) Each member of the board of directors, when discharging the duties of
a director, shall act: (i) in good faith, and (ii) in a manner the director reasonably believes
to be in the best interests of the corporation. (b) The members of the board of directors
or a board committee, when becoming informed in connection with their decision-making function
or devoting attention to their oversight function, shall discharge their duties with the care
that a person in a like position would reasonably believe appropriate under similar circumstances.
(c) In discharging board of directors or board committee duties, a director shall disclose,
or cause to be disclosed, to the other board of directors or board committee members information
not already known by them but known by the director to be material to the discharge of their
decision-making or oversight functions, except that...
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11-59-9
Section 11-59-9 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption,
etc.; refunding of bonds. All bonds issued by the corporation shall be revenue bonds and shall
be payable solely out of the revenues derived from the leasing or operation by the corporation
of its facilities or of any thereof as may be designated in the proceedings of the board of
directors under which they shall be authorized to be issued. Such bonds may be executed and
delivered by the corporation at any time and from time to time, may be in such form and denominations
and of such tenor and maturities, may be in registered or bearer form either as to principal
or interest or both, may be payable in such installments and at such time or times, not exceeding
40 years from the date thereof, may be payable at such place or places whether within or without
the State of Alabama, may bear interest at such rate or rates payable at such time or times
and at such place or places and evidenced in...
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11-60-9
Section 11-60-9 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption,
etc.; refunding of bonds. All bonds issued by the corporation shall be payable solely out
of the revenues and receipts derived from the operation, leasing or sale by the corporation
of its projects or of any thereof as may be designated in the proceedings of the board of
directors under which the bonds shall be authorized to be issued. Such bonds may be executed
and delivered by the corporation at any time and from time to time, may be in such form and
denominations and of such tenor and maturities, may be in registered or bearer form either
as to principal or interest or both, may be payable at such time or times, not exceeding 40
years from the date thereof, may be payable at such place or places whether within or without
the State of Alabama, may bear interest at such rate or rates payable at such time or times
and at such place or places and evidenced in such manner, may be executed by...
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11-81-144
Section 11-81-144 Form, terms, denominations, etc., of bonds; maturity and sale; execution
and delivery; issuance of revenue refunding bonds. (a) Revenue anticipation bonds may be issued
under this division in one or more series, may bear such date or dates, may be payable in
such medium of payment, at such place or places, may carry such registration privileges, may
be executed in such manner, may contain such terms, covenants and conditions, and may be in
such form, either coupon or registered, as may be specified in the resolution or resolutions
providing for their issuance. (b) Such bonds shall mature in the manner provided for the maturity
of revenue bonds in Section 11-81-6 and shall be sold as provided in Sections 11-81-10 through
11-81-12; provided, that if the proceedings authorizing the issuance of any revenue anticipation
bonds under this division shall recite that the undertaking with respect to which such bonds
are to be issued is then leased by the municipality or county...
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22-21-78
Section 22-21-78 Borrowing by corporation. (a) All securities of the corporation shall be signed
by the chairman of its board of directors and attested by its secretary, and the seal of the
corporation shall be affixed thereto. Any interest coupons applicable to the securities of
the corporation shall be signed by the chairman of the board of directors, but a facsimile
of such chairman's signature may be impressed on any such interest coupon in lieu of his manually
signing the same. Any securities of the corporation may be executed and delivered by it at
any time and from time to time, shall be in such form and denomination and of such tenor and
maturities, shall contain such provisions not inconsistent with this section and shall bear
such rate or rates of interest payable and evidenced in such manner as may be provided by
resolution of the board of directors. (b) Any borrowing may be effected by sale of such securities
at either public or private sale in such manner and at such price...
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