Code of Alabama

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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
and those providing the service. (11) Purchases of computer and word processing hardware when
the hardware is the only type that is compatible with hardware already owned by the entity
taking bids and custom software. (12) Professional services contracts for codification and
publication of the laws and ordinances of municipalities and counties. (13) Contractual services
and purchases of commodities for which there is only one vendor or supplier and contractual
services and purchases of personal property which by their very nature are impossible
to award by competitive bidding. (14) Purchases of dirt, sand, or gravel by a county governing
body from in-county property owners in order to supply a county road or bridge project in
which the materials will be used. The material shall be delivered to the project site by county
employees and equipment used only on projects conducted exclusively by county employees. (15)
Contractual services and purchases of products related to, or having...
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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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41-10-541
such obligations, and which meet the greater of 100% collateralization or the "AA"
collateral levels established by Standard & Poor's Rating Group for structured financings;
and h. Uncollateralized investment agreements with, or certificates of deposit issued by banks
or bank holding companies, the senior long-term securities of which are rated at least "AA"
by Standard & Poor's Rating Group and at least "Aa" by Moody's Investors Service.
(11) FINANCED PROPERTY. All property whether real, personal, or mixed, the costs of
which were or are to be paid or reimbursed in whole or in part with the proceeds of bonds
of the authority or the proceeds of authority-guaranteed obligations. (12) FINANCING AGREEMENT.
Any loan, lease, agreement, grant agreement, financing agreement, credit agreement, security
agreement, mortgage, indenture, guaranty agreement, or other type of agreement entered into
by the authority in connection with the incurring of authority obligations. (13) FUNDING AGREEMENT....

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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, §7.)...
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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
(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 improvements and all property, rights, or interests
incidental or pertinent thereto, and to dispose of real and personal property and any
interest therein, including leases and easements and options to purchase in connection therewith;
provided, however, that nothing in this chapter shall authorize a district to construct, own,
or operate a system for the generation, transmission, or distribution...
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11-50A-1
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, and certificates, and preparing applications therefor; all costs of machinery
and equipment, including equipment for use in connection with construction; all costs of the
initial fuel supply or additional fuel inventories...
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11-99A-2
include gambling or gaming establishments. (7) MUNICIPALITY. An incorporated city or town in
the state. (8) OWNER. The person or persons in whose name property within a district is assessed
for ad valorem property tax purposes. Notwithstanding the preceding sentence, in the case
of a trust, the owner of the property is the trustee; in the case of an estate, the owner
of the property is the executor or administrator; in the case of a minor, the owner of the
property is the guardian, or other personal representative. "Owner" only
includes the holders of present interests, and not the holders of future interests in property.
In the case of land with respect to which a person owns an option to purchase or a contract
to purchase, the holder of the option or purchase contract shall be considered the owner,
rather than the person holding legal title to the real estate, provided that the person owning
an option or real estate contract certifies under oath that the person will purchase real...

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