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11-99B-7
Section 11-99B-7 Powers of district generally; power of district to acquire and operate projects;
provisions in schedules of rates and charges generally. Each district 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, subject to the provisions of Section 11-99B-15, specified in its
certificate of incorporation. (2) To sue and to be sued in its own name in civil actions,
and to defend civil actions against it; provided, that the district shall be deemed to be
a "governmental entity" as defined in Chapter 93 of this title, for the purposes
of limiting the damages for which the district and its members may be liable. (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,...
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11-89-7
specified in its certificate of incorporation; (2) To sue and be sued in its own name in civil
actions, except as otherwise provided in this chapter, and to defend civil actions against
it; (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, and take, by purchase, gift, lease, devise, or otherwise, and to hold property
of every description, real, personal, or mixed, whether located in one or more counties
or municipalities and whether located within or outside the service area; (6) To make, enter
into, and execute such contracts, agreements, leases, and other instruments and to take such
other actions as may be necessary or convenient to accomplish any purpose for which the district
was organized or to exercise any power expressly granted under this section; (7) To plan,
establish, develop, acquire, purchase, lease, construct, reconstruct,...
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22-21-182
or mortgage indenture may also provide that in the event of any default thereunder it may be
foreclosed either by sale at public outcry or by judicial proceedings and that the trustee
under such mortgage or mortgage indenture or the holders of any securities secured thereby
may become the purchaser at any foreclosure sale if the highest bidder. Any such mortgage
or mortgage indenture may be filed in the office of the judge of probate of any county in
which any of the property, real, personal or mixed, subject to the lien thereof is,
or is anticipated to be, located, and the lien of such mortgage or mortgage indenture shall,
with respect to all personal property and fixtures subject thereto, including after-acquired
property, and notwithstanding any contrary provisions of, and without compliance with, the
Uniform Commercial Code, be valid and binding against all parties having claims of any kind
against the corporation, irrespective of whether the parties have actual notice...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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41-10-138
Section 41-10-138 Application for authority to incorporate; contents; review of application
and issuance of executive order by Governor. (a) In order to form a public corporation under
the provisions of this article, any number of natural persons, not less than three, shall
first file a written application with the Governor. Such application shall: (1) Contain a
statement that such public corporation proposes to undertake and carry out one or more or
all of the purposes defined in Section 41-10-137 with respect to public corporations formed
under this article; (2) Contain a description by county name or otherwise of the area of operation
in which the public corporation proposes to carry on its activities; (3) State that land,
buildings, houses or other structures, facilities or property located in the area of operation
of the public corporation and listed in the National Register of Historic Places are in need
of restoration, renovation, preservation, improvement, protection or...
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11-92C-8
in Chapter 93 of this title for the purpose of limiting the damages for which the authority
may be liable. (3) To adopt and make use of a corporate seal and to alter the seal at its
pleasure. (4) To adopt and alter bylaws for the regulation and conduct of its affairs and
business. (5) To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise,
and to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more
projects, including all real and personal properties which the board of the authority
may deem necessary in connection therewith, regardless of whether or not the projects shall
then be in existence. (6) To lease to others any or all of its projects and to share and collect
rent thereof, and to terminate any lease upon the failure of the lessee to comply with any
of the obligations thereof. (7) To sell, exchange, donate, or convey and to grant options
to any lessee to acquire any of its projects and any or all of its properties if...
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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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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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40-9B-3
23 of this title, or payments required to be made in lieu thereof, shall relieve the seller
from the obligation to collect and pay over the transaction tax as if the sale were to a person
exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE ENERGY RESOURCES.
The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION TAXES. The transaction
taxes imposed by Chapter 23 of this title, or payments required to be made in lieu thereof,
on tangible personal property and taxable services incorporated into an industrial
development property, the cost of which may be added to capital account with respect to the
property, determined without regard to any rule which permits expenditures properly chargeable
to capital account to be treated as current expenses. (4) DATA PROCESSING CENTER. An establishment
at which not less than 20 new jobs are located, the average annual total compensation, including
benefits, of such new jobs to be not less than...
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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household
exemptions; state regulatory program. (a) Generally. (1) The county commission or municipal
governing body may, and is hereby authorized to, make available to the general public collection
and disposal facilities for solid wastes in a manner acceptable to the department. The county
commission or municipal governing body may provide such collection or disposal services by
contract with private or other controlling agencies and may include house-to-house service
or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable
(generally less than eight miles) distance from the farthest affected household and the wastes
managed in a manner acceptable to the department. (2) Any county commission or municipal governing
body providing services to the public under this article shall have the power and authority
by resolution or ordinance to adopt rules and...
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