45-46-90.15
Section 45-46-90.15 Freedom of authority from state supervision and control. This article is
intended to aid the state in the execution of its duties by providing appropriate and independent
instrumentalities of the state with full and adequate powers to fulfill their functions. Except
as otherwise provided in this article, no proceeding, notice, or approval shall be required
for the incorporation of any authority or the amendment of its certificate of incorporation,
the acquisition of any inland commercial or industrial facility or any dock or port facilities
or any other facilities or other property used in connection with or related to commerce on
the inland waterways traversing Marengo County or any municipality in the county, or the issuance
of any bonds, mortgages, and deeds of trust, or trust indentures. The authority, all property
of the authority, and the fees, tolls, rents, and other charges for the use of such property
or for any services therefrom, shall be exempt from all...
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4-3-47
Section 4-3-47 Powers of authority generally. 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) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil actions, excepting actions in tort against the authority; (3) To adopt and
make use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws
for the regulation and conduct of its affairs and business; (5) To acquire, receive, take
and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties and
whether within or without the corporate limits of any authorizing subdivision, and to manage
said property and to develop any property and to sell, exchange, lease or...
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45-29-90.19
Section 45-29-90.19 Freedom of authority from state supervision and control. This article is
intended to aid the State of Alabama in the execution of its duties by providing an appropriate
and independent political subdivision of the state with full and adequate powers to fulfill
the functions herein authorized. No proceeding, notice, or approval shall be required for
the incorporation of the authority or the amendment of its certificate of incorporation, the
acquisition of any property or facilities, or the issuance of any bonds, mortgage and deed
of trust, or trust indenture. The authority, its facilities, and other property, and the rates
and charges thereof shall be exempt from all jurisdiction of, and all regulation and supervision
by, the Public Service Commission. Neither a public hearing nor the consent of the State Department
of Finance shall be prerequisite to the issuance of bonds by the authority. (Act 91-277, p.
517, §20.)...
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45-38-141.16
Section 45-38-141.16 Notice requirements, etc.; regulatory control and supervision. (a) Except
as expressly otherwise provided in this part, no proceeding, notice, or approval shall be
required for the incorporation of the authority or the amendment of its certificate of incorporation,
the acquisition of any property, water system, or fire protection facility, or the issuance
of any mortgage and deed of trust or trust indenture. (b) The authority, every water system
or fire protection facility owned by the authority or leased or subleased to a county, and
the rates and charges thereof shall be exempt from all jurisdiction of and all regulation
and supervision by the Alabama Public Service Commission and neither a public hearing nor
the consent of the State Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-472, p....
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11-50-241
Section 11-50-241 Construction of division; jurisdiction, etc., of State Board of Health and
state Public Service Commission. (a) Neither this division nor anything contained in this
division shall be construed as a restriction or limitation upon any power, right, or remedy
which any corporation now in existence or hereafter formed may have in the absence thereof,
but shall be construed as cumulative and independent of any such power, right or remedy. No
proceedings, notice, or approval shall be required for the incorporation of such corporation,
the acquisition of any property, or the making of any loans or issuance of instruments in
evidence thereof or as security therefor, except as prescribed in this division, any other
law to the contrary notwithstanding; provided, however, that nothing in this division shall
be construed to suspend the jurisdiction of the State Board of Health as may be otherwise
provided by law. (b) Any corporation organized under the provisions of this division...
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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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11-50-396
Section 11-50-396 Powers generally. Each district incorporated under this article shall have
each and all of the following powers, together with all powers incidental thereto or necessary
to the discharge thereof in corporate form: (1) To have succession in its corporate name for
the duration of time (which may be in perpetuity) specified in the certificate of incorporation,
or until dissolved as provided in subsection (c) of Section 11-50-392. (2) To sue and be sued
and to defend civil actions against it. (3) To have and use a corporate seal and alter the
same at pleasure. (4) To acquire, purchase, construct, receive, own, operate, maintain, enlarge,
extend, and improve any one or more gas systems the operation of which is provided for in
the certificate of incorporation of the district (whether or not such system or systems were
in existence or whether or not such system or systems were privately owned or municipally
owned prior to the acquisition by such district). (5) To receive,...
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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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11-98-4
Section 11-98-4 Board of commissioners. (a) When any district is created, the creating authority
may appoint a board of commissioners composed of seven members to govern its affairs, and
shall fix the domicile of the board of commissioners at any point within the district. In
the case of county districts, after the expiration of the terms of the members of the board
of commissioners holding office on May 23, 2000, there may be at least one member of the board
of commissioners from each county commission district if the number of the county commission
does not exceed seven, unless a resolution dated before January 1, 2000, was passed by a county
commission establishing an appointment process different from this section or as otherwise
provided by the enactment of a local act after May 23, 2000. The members of the board of commissioners
shall be qualified electors of the district, two of whom shall be appointed for terms of two
years, three for terms of three years, and two for terms of...
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9-9-11
Section 9-9-11 Establishment of district - Filing of objections to organization of district;
hearing and proceedings upon petition and objections; issuance of order declaring organization
of district; dismissal of petition and issuance of itemized bill of costs and expenses. (a)
Any owner of real property affected by said proposed district who wishes to object to the
organization and incorporation of said district shall, on or before 12:00 noon of the day
set for the causes to be heard, file his objection in writing stating why such district should
not be organized and incorporated. On the day appointed for the hearing, the court shall hear
and determine in a summary manner any objection that may be offered to the sufficiency of
the petition or to the report of the engineer or plan submitted by petitioners. If it appears
that there is any land within the proposed district that is not in the watershed, if the proposed
plan includes purposes other than drainage or is not in the benefited...
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