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11-99A-12
Section 11-99A-12 Contracting for improvements. Upon the making of the preliminary assessment,
the board shall prepare contracts and bid specifications, and shall bid or otherwise contract
for the acquisition, construction, or installation of all the improvements as specified in
the petition. In general, all contracts shall be bid in accordance with applicable state law.
However, if an improvement or a portion of an improvement is to be paid for exclusively with
funds provided through assessments under this chapter or by the owners or on behalf of the
owners, and not from any revenues, taxes, or funds of the appointing government, the contracting
for the acquisition, construction, or installation of the improvement or portion thereof shall
be exempt from all laws relating to the advertising and award of construction contracts and
purchase contracts, including, without limitation, Title 39 and Article 3 of Chapter 16 of
Title 41, and shall be performed in the sole discretion of the...
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41-16-51
Section 41-16-51 Contracts for which competitive bidding not required. (a) Competitive bids
for entities subject to this article shall not be required for utility services, the rates
for which are fixed by law, regulation, or ordinance, and the competitive bidding requirements
of this article shall not apply to: (1) The purchase of insurance. (2) The purchase of ballots
and supplies for conducting any primary, general, special, or municipal election. (3) Contracts
for securing services of attorneys, physicians, architects, teachers, superintendents of construction,
artists, appraisers, engineers, consultants, certified public accountants, public accountants,
or other individuals possessing a high degree of professional skill where the personality
of the individual plays a decisive part. (4) Contracts of employment in the regular civil
service. (5) Contracts for fiscal or financial advice or services. (6) Purchases of products
made or manufactured by the blind or visually handicapped...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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41-10-541
Section 41-10-541 Definitions. (a) The following words and phrases used in this division, and
others evidently intended as the equivalent thereof, shall, in the absence of clear implication
herein otherwise, be given the following respective interpretations herein: (1) APPROPRIATED
FUNDS. Net TVA payments to the extent such payments are pledged and appropriated to the authority
pursuant to Section 41-10-550. (2) AUTHORITY. The public corporation organized pursuant to
this division. (3) AUTHORITY GUARANTY. An agreement of the authority pursuant to which the
payment of debt service referable to bonds, notes, or other evidences of indebtedness of a
development agency is guaranteed by the authority. (4) AUTHORITY OBLIGATIONS. Bonds of the
authority and authority guaranties. (5) AUTHORITY-GUARANTEED OBLIGATIONS. Bonds, notes, or
other evidences of indebtedness of a development agency that are issued solely for the purpose
in financing a project and that are guaranteed, in whole or in part,...
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11-71-7
Section 11-71-7 Contracts; funding. (a) Upon the making of the preliminary assessments, the
authority shall prepare contracts and shall contract on a competitively bid basis for the
acquisition, construction, or installation of all projects as specified in the petition. (b)
Because authority infrastructure projects are paid from assessments of members of the authority,
no public funds may be utilized and projects shall be exempt from state bidding law, but projects
should be competitively bid. (c) The authority may not contract for and commence the acquisition,
construction, or installation of one or more projects or a portion of one or more projects
in advance of a preliminary or final assessment being collected. (Act 2011-689, ยง7.)...
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11-71-4
Section 11-71-4 Powers of authority. Any authority formed pursuant to this chapter shall have
the following powers, in addition to those stated elsewhere in this chapter: (1) To enter
into competitively bid contracts and agreements affecting the infrastructure projects of the
district. (2) To hold public meetings with proper advertisement and notice to affected and
adjacent property owners. (3) To acquire, construct, install, and operate projects and all
property, rights, or interests incidental or pertinent thereto; provided, however, that nothing
in this chapter shall authorize an authority to construct, own, or operate a system for the
generation, transmission, or distribution of electric power, cable television, or Internet
system, or telecommunications utility or to be in the business of providing electric energy,
cable television, Internet, or telecommunications services. (4) To have the management, control,
and supervision of all the business and affairs of the district, and of...
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41-29-501
Section 41-29-501 Definitions. (a) For the purposes of this article, the following words and
phrases shall have the following meanings: (1) AUTHORITY. The public corporation organized
pursuant to the provisions of Sections 41-10-20 through 41-10-32. (2) AUTHORIZED PURPOSE.
Any one or more of the purposes for which grants are herein authorized to be made as specified
in Section 41-29-503(a). (3) BOARD OF DIRECTORS. The board of directors of the authority.
(4) BOND. The bonds issued under the provisions of this article. (5) CAPITAL COSTS. All costs
and expenses incurred by one or more investing companies in connection with the acquisition,
construction, installation, and equipping of a qualifying project during the period commencing
with the date on which such acquisition, construction, installation, and equipping commences
and ending on the date on which the qualifying project is placed in service, including, without
limitation of all of the following: a. The costs of acquiring,...
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11-99A-6
Section 11-99A-6 Powers of a district. Any district shall have the following powers, in addition
to those stated elsewhere in this chapter: (1) To have perpetual existence, subject to termination
as herein provided. (2) To have and use a corporate seal, but the use of a corporate seal
on any document shall not be required for the validity of a document or the due execution
and delivery thereof. (3) To sue and to be sued and to be a party to suits, actions, and proceedings,
but subject to the limitations on liability and the immunity granted in this chapter. (4)
To enter into contracts and agreements affecting the affairs of the district, including contracts
with the United States of America and any other public person. (5) To borrow money and to
incur indebtedness and to evidence the same by bonds, all without an election. (6) To acquire
and dispose of land, real property, personal property, and interests therein of any nature.
(7) To acquire, construct, install, and operate...
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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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11-99A-2
Section 11-99A-2 Definitions. In this chapter the following words shall have the following
meanings: (1) APPOINTING GOVERNMENT. The municipality or county that approves the creation
of a district and appoints members to the board. (2) BOARD. The board of directors of a district.
(3) CONTIGUOUS. Two tracts of land if touching for a continuous distance of not less than
200 feet. The term includes tracts of land divided by bodies of water, streets, railroad,
or utility rights-of-way, or by land owned by any public person. In determining whether land
is contiguous with a municipality, (i) land separated by bodies of water, streets, or railroad,
or utility rights-of-way is contiguous even though the bodies of water, streets, or rights-of-way
are within the city limits of another municipality and (ii) land separated by land owned by
a public person is not contiguous if the land owned by the public person is within the city
limits of another municipality. (4) COUNCIL. The governing body of a...
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