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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. ยง1(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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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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11-99-4
Section 11-99-4 Creation of tax increment districts and approval of project plans. In order
to exercise its powers under this chapter, a public entity shall take the following steps:
(1) The local governing body shall hold a public hearing at which all interested parties are
afforded a reasonable opportunity to express their views on the concept of tax increment financing,
on the proposed creation of a tax increment district and its proposed boundaries, and its
benefits to the public entity. Notice of the hearing shall be published in a newspaper of
general circulation in either the county or in the city, as the case may be, in which the
proposed tax increment district is to be located with such notice to be published at least
twice in the 15-day period immediately preceding the date of the hearing. Prior to publication,
a copy of the notice shall be sent by first class mail to the chief executive officer of each
deferred tax recipient. (2) In addition to the notice required by...
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41-10-44.3
Section 41-10-44.3 Additional powers of authority. In addition to the powers granted to it
in Section 41-10-26 and in Sections 41-10-37 through 41-10-43, the authority shall have the
following powers: (1) To adopt and alter bylaws for the regulation and conduct of its affairs
and business; (2) To borrow money and to issue project obligations, whether or not the interest
thereon is excluded from gross income for federal income tax purposes, for the purpose of
financing project costs, and to provide for the rights of the purchasers, holders or owners
of its project obligations; (3) To execute and deliver mortgages, security agreements and
trust indentures and other forms of agreements for the purpose of securing its project obligations,
and in connection therewith, to mortgage, pledge or assign the revenues, receipts and other
property of the authority received, and the financing agreements entered into by the authority
in connection with, the financing of projects under this Article 2A;...
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41-10-547
Section 41-10-547 Bonds of the authority. (a) The authority is authorized from time to time
to sell and issue its bonds for the purpose of financing project costs pertaining to one or
more projects or for the purpose of providing funds to pay training facility management fees,
or any combination of the foregoing including, without limitation, in the case of authority
obligations issued for the purpose of providing funds to pay training facility management
fees, costs, expenses, and other items of the type described in paragraphs g., h., i., and
j. of the definition of project costs in Section 41-10-541 or to enter into guaranty agreements
wherein the authority guarantees payment, in whole or in part, of debt service referable to
obligations issued by development agencies for the purpose of financing project costs pertaining
to one or more projects; provided, however, that the principal amount of authority obligations
shall not exceed three hundred million dollars ($300,000,000). For...
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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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11-28-1.1
Section 11-28-1.1 Definitions. As used in this chapter, the following words and phrases shall
have the following respective meanings, unless the context clearly indicates otherwise: (1)
COSTS. When used with reference to or in connection with any public facility or any portion
thereof, include all or any part of the cost of acquiring, constructing, altering, enlarging,
extending, reconstructing, or remodeling such public facility, including the cost of all lands,
structures, real or personal property, rights, rights-of-way, franchises, easements,
permits, licenses, and interests acquired or used for, in connection with or with respect
to such public facility, the cost of demolishing or removing any buildings or structures on
land so acquired, including the cost of acquiring land to which such buildings or structures
may be moved, the cost of all machinery, equipment, furniture, furnishings, and fixtures acquired
or used for, in connection with or with respect to such public facility,...
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41-10-546
office of the authority, and provided further that the officers, directors, agents, and employees
of the authority may not be sued for actions in behalf of the authority in any nisi prius
court other than the courts of the county in which is located the principal office of the
authority. (3) To have and to use a corporate seal and to alter the seal at pleasure. (4)
To establish a fiscal year. (5) To acquire, purchase, lease, receive, hold, transmit, and
convey the title to real and personal property to or from any person. (6) To issue
and incur authority obligations, whether or not the interest thereon (or, in the case of authority
guaranties, on the authority-guaranteed obligations to which such authority guaranties relate)
is excluded from gross income for federal income tax purposes, for the purpose of financing
project costs and providing for the payment of training facility management fees and to provide
for the rights of the purchasers, holders, or owners of authority...
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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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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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