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33-17-8
Section 33-17-8 Powers enumerated. The authority shall have the following powers: (1) To have
succession by its corporate name without time limit; (2) To bring civil actions and have civil
actions brought against it and to prosecute and defend in any court having jurisdiction of
the subject matter and of the parties; (3) To have and to use a corporate seal and to alter
the same at pleasure; (4) To receive, take and hold by sale, gift, lease, devise or otherwise
real and personal property of every kind and description, and to manage the same; (5)
To acquire by purchase, gift or the exercise of the power of eminent domain, or by any other
lawful means, any property, whether real, personal or mixed, the acquisition of which
is found by the board to be necessary or convenient to the authority in the carrying out of
the purposes for which the authority is authorized to be organized, and to lease or convey
any such property or to cause any such property to be leased or conveyed to the United...
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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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11-50A-17
or otherwise, unless and only to the extent the municipality has, prior to entering into the
contract with the authority, incurred a binding obligation to make such payments. (c) The
contract provided for by this section may obligate the municipality to indemnify and save
harmless the authority, the members of its board, its officers or its employees from any and
all damage to persons and property occurring on or by reason of the project and to undertake,
at the expense of the municipality, the defense of any action brought against the authority
by reason of injury or damages to persons or property occurring on or by reason of
the project. (d) In the event of any failure or refusal on the part of a municipality to perform
punctually any covenant or obligation contained in the contract provided for by this section,
the authority may have the municipality's performance enforced by any legal or equitable process,
including specific performance. (Acts 1981, No. 81-681, p. 1114, §17.)...
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23-2-144
Except for the state and any political subdivision thereof, the other entities listed above
may issue bonds for the purpose of financing the costs of any funds or property provided to
the authority of a project. (7) To fix and revise, from time to time, charge, and collect
tolls for transit over or through toll road, bridge, and tunnel projects constructed by it
or on its behalf. (8) To establish rules and regulations for the use of any project. (9) To
acquire, hold, and dispose of real and personal property. (10) To acquire in the name
of the authority, by purchase or otherwise, on the terms and conditions and in a manner as
it may deem proper, or by condemnation in accordance with the provisions of Title 18, and
other provisions of law, insofar as the same may be applicable, any land and other property
or any easement or interest therein, which it may determine is reasonably necessary for any
toll road, bridge, or tunnel project or for its protection and preservation, or for the...
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24-1-61
of this article. (5) GOVERNMENT. Such term shall include the state and federal governments
and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them.
(6) STATE. The State of Alabama. (7) FEDERAL GOVERNMENT. Such term shall include the United
States of America, the federal Secretary of Housing and Urban Development or any agency, instrumentality,
corporate or otherwise, of the United States of America. (8) HOUSING PROJECT. Such term shall
include all real and personal property, buildings and improvements, stores, offices,
public school buildings, lands for farming and gardening, and community facilities acquired
or constructed, or to be acquired or constructed, pursuant to a single plan of undertaking
to demolish, clear, remove, alter, or repair unsanitary or unsafe housing or to provide urban
or rural dwelling accommodations at rentals within the means of persons of low income. The
term "housing project" may also be applied to the planning of 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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2-6-105
of its property and affairs. (5) To enter into agreements of any nature with any public or
private entity regarding the construction, renovation, restoration, improvement, maintenance,
management, or operation of the project or any properties or facilities constituting a part
of the project. (6) To take all actions and enter into all agreements necessary or appropriate
to complete the project work. (7) To acquire, purchase, lease, receive, hold, transmit, and
convey title to real and personal property to or from any person or legal entity, public
or private. (8) To borrow money and issue its bonds in evidence thereof, subject to this article.
(9) As security for payment of the principal of and interest on its bonds, to pledge any funds
or revenues from which its bonds may be made payable and to arrange for and provide additional
security for its bonds, including letters of credit, bond insurance policies, surety bonds
and the like, as the board of directors shall determine to be...
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23-8-8
Section 23-8-8 Deposit and use of funds; audit; annual plan. (a) The monies paid to counties
or municipalities pursuant to Section 40-17-371 shall be deposited into a separate fund maintained
by the county or municipality and expended only for one or more of the following: (1) The
maintenance, improvement, replacement, and construction of roads and bridges maintained by
a qualified county. (2) The maintenance, improvement, replacement, and construction of roads
and bridges maintained by a qualified municipality. (3) As matching funds for federal road
or bridge projects. (4) The payment of any debt associated with a road or bridge project.
(5) For a joint road or bridge project with one or more adjoining counties pursuant to any
agreement executed under the authority of state law. (6) For a joint road or bridge project
with one or more municipalities pursuant to any agreement executed under the authority of
state law. (7) For a joint road or bridge project with one or more counties and...
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41-10-44.8
or other entities providing such assistance. The decision to provide all or a portion of the
assistance requested by the authority shall lie solely within the discretion of the person,
corporation, foundation or other legal entity receiving the request. Any assistance provided
to the authority pursuant to the provisions of this subsection (d) is hereby deemed to have
a valid business purpose and shall be allowed as a deduction against the corporate income
tax levied by Section 40-18-31, the personal income tax levied by Section 40-18-2,
or the financial institution excise tax levied by Section 40-16-4, whichever is appropriate.
If assistance is provided to the authority by any person, corporation, foundation or other
legal entity, whether regulated or non-regulated, the cost of such assistance will be deemed
to be a prudent, legal and non-discriminatory expenditure for all purposes of state law and
regulation. (Acts 1993, 1st Ex. Sess., No. 93-851, p. 79, §1; Acts 1995, No. 95-187, p....
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45-41-141
Section 45-41-141 Definitions. (a) The following words and phrases used in this part, and others
evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise,
shall be given the following respective interpretations herein: (1) AMENDMENT 392. That certain
amendment to the Constitution of Alabama of 1901, as amended, proposed by Act 80-313 enacted
at the 1980 Regular Session of the Legislature. (2) AUTHORIZING AMENDMENT. That certain amendment
to the Constitution of Alabama of 1901, as amended, proposed by Act 88-479 enacted at the
1988 Regular Session of the Legislature. (3) CODE. The Code of Alabama 1975, as amended. (4)
COMMERCIAL BUILDING. Any building, structure, or other improvement to real property, excluding,
however, any dwelling that: a. Is subject to ad valorem taxation and has a fair market value,
according to the records of the tax assessor pertaining to state and county ad valorem taxation
for the fiscal or ad valorem tax year of the...
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