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16-17A-12
Section 16-17A-12 Obligations of authority. (a) All agreements and covenants undertaken, and
all indebtedness issued, by an authority shall be solely and exclusively an obligation of
the authority and, except as otherwise provided in a written agreement in accordance with
Section 16-17A-17, shall not create an obligation or debt of the state, any university, or
any other governmental entity or public corporation within the meaning of any constitutional
or statutory provision. (b) Neither the directors nor any officer of an authority executing
indebtedness issued pursuant to this chapter shall be personally liable for such indebtedness
by reason of the execution or issuance thereof. (c) The state and the sponsoring university
do hereby pledge to and agree with the holders of any indebtedness issued under this chapter
that neither the state nor the sponsoring university will limit or alter the rights hereby
vested in the authority to fulfill the terms of any indebtedness or related...
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16-17A-2
university in the state or a university that operates a school of medicine. (2) AUTHORITY.
A public corporation organized pursuant to the provisions of this chapter. (3) BOARD. The
board of directors of an authority. (4) DIRECTOR. A member of the board of an authority. (5)
GOVERNMENTAL ENTITY. The state, a county, a municipality, or any department, agency, board,
or commission of the state, a county, or a municipality. (6) HEALTH CARE FACILITY. All property
or rights in property, real or personal, tangible or intangible, useful to an authority
in its operations, including without limitation, the following: a. Facilities necessary or
desirable to the operation of an academic medical center, one or more health sciences schools,
hospitals, public health care clinics, treatment centers, emergency facilities, outpatient
facilities, laboratories, service or support facilities, and any other facilities related
to the operation of any of the foregoing. b. Biomedical or public health...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-17A-2.htm - 4K - Match Info - Similar pages
11-62-7
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, and to expand, improve, maintain, equip, and furnish one or more facilities,
including all real and personal properties that its board may deem necessary in connection
therewith, regardless of whether or not any such facility shall then be in existence and,
if in existence, regardless of whether or not any such facility is then owned or leased by
any user to which such facility may subsequently be sold or leased by such authority; (6)
To borrow money and to sell and issue bonds, notes, or other obligations as hereinafter provided
for any corporate use or purpose; (7) To lease to a user or users...
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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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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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45-37-90.06
bonds shall be payable solely from taxes made payable to the authority by any act of the Legislature
heretofore or hereafter adopted and from the revenues of the authority derived from the activities,
operations, and enterprises in which the authority is hereby authorized to engage. As security
for any money so borrowed, together with interest thereon, and any obligations incurred or
assumed, the authority, in its discretion, may mortgage, pledge, or otherwise transfer and
convey its real, personal, and mixed property, or any part or parts thereof, whether
then owned or thereafter acquired, including any franchises then owned or thereafter acquired,
and all or any part of the taxes payable to the authority under any act of the Legislature
heretofore or hereafter adopted, and all or any part of revenues desired from the activities,
operation, and enterprises in which the authority is hereby authorized to engage. In the resolution
authorizing such revenue bonds or the mortgage given to...
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45-39A-11.05
bonds shall be payable solely from taxes made payable to the authority by an act of the Legislature
heretofore or hereafter adopted and from the revenues of the authority derived from the activities,
operations, and enterprises in which the authority is hereby authorized to engage. As security
for any money so borrowed, together with interest thereon, and any obligations incurred or
assumed, the authority, in its discretion, may mortgage, pledge, or otherwise transfer and
convey its real, personal, and mixed property, or any part or parts thereof, whether
then owned or thereafter acquired, including any franchises then owned or thereafter acquired,
and all or any part of the taxes payable to the authority under any act of the Legislature
heretofore or hereafter adopted and all or any part of revenues derived from the activities,
operation, and enterprises in which the authority lawfully engages. In the resolution authorizing
such revenue bonds or the mortgage given to secure the...
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16-18A-4
Section 16-18A-4 Powers and duties. The purpose of the authority shall be to assist institutions
for higher education in the construction, financing and refinancing of the projects. The exercise
by the authority of the powers conferred by this chapter shall be deemed and held to be the
performance of an essential public function. For the purpose of this chapter, the authority
shall have the powers and duties set forth in this section. (1) To adopt an official seal
and alter the same at its pleasure. (2) To sue and be sued in contract and in tort and to
complain and defend in all courts of law and equity. (3) To maintain an office at such place
or places as it may designate. (4) To determine the location and character of any project
financed under this chapter, to acquire, construct, reconstruct, remodel, maintain, manage,
enlarge, alter, add to, repair, operate, lease as lessee or lessor, sell or otherwise dispose
of, any project in any manner it deems to the best advantage of the...
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16-3-28
Section 16-3-28 Authority of board and trustees of institutions to borrow from federal agencies
or others; issuance of bonds, notes and other securities. (a) The State Board of Education,
acting for the respective educational institutions under its supervision, and each public
corporation that conducts one or more state educational institutions under its supervision,
acting through its board of trustees or other governing body, are hereby separately authorized
to exercise and perform any or all of the following powers: (1) To borrow money from the United
States of America or any department or agency thereof, or from any person, firm, corporation
or other lending agency for the purchase, construction, enlargement or alteration of any buildings
or other improvements, including dormitories, dining halls, classrooms, laboratories, libraries,
stadiums, administration buildings and any other buildings and appurtenances thereto suitable
for use by the institution with respect to which the...
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16-17A-23
Section 16-17A-23 Dissolution of authority. (a) At any time when an authority does not have
any indebtedness or other contractual or legal obligations outstanding, an authority may be
dissolved by filing articles of dissolution with the Secretary of State, but only with the
approval of both the board of the authority and the sponsoring university in the manner provided
in this section. (b) In order to dissolve an authority, the following steps shall be completed:
(1) The board shall first adopt a resolution proposing dissolution of the authority. (2) After
the adoption by the board of a resolution approving articles of dissolution, the authority
shall file with the sponsoring university a written request to the sponsoring university for
adoption of a resolution approving dissolution of the authority. (3) As promptly as may be
practicable after the receipt of the application from the authority, the sponsoring university
shall review the application, and its governing body shall adopt a...
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