45-20-130.10
Section 45-20-130.10 Employment of road supervisor. In the event of an emergency in which it
would be impossible for the county commission to employ an engineer, the commission shall
employ a competent road supervisor who need not be an engineer, but, when so employed shall
have, within the boundaries of applicable law, all the duties and authority of the county
engineer and shall be subject to this article. The emergency employment of a competent road
supervisor shall not continue longer than necessary to employ a qualified engineer who will
accept employment by the commission under the terms of this article. It is the intention of
this article to provide that the inspection, construction, and maintenance of county roads,
bridges, and ferries shall be under the supervision of a qualified engineer. (Act 2009-378,
p. 701, §11.)...
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45-25-250
Section 45-25-250 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise.
(1) AUTHORITY. The DeKalb County Water Authority, a public corporation organized pursuant
to this article. (2) BOARD. The Board of Directors of the DeKalb County Water Authority. (3)
BONDS. Bonds, notes, and certificates representing an obligation to pay money. (4) COUNTY.
DeKalb County. (5) DIRECTOR. A member of the Board of Directors of the DeKalb County Water
Authority. (6) GARBAGE PICK-UP AND DISPOSAL. All services involved in the pick-up and disposal
of garbage from residents, businesses, and factories. (7) SEWER SERVICE. The construction,
operation, and maintenance of sewer disposal facilities and lines in areas of the county not
served by any other public sewer facility. (8) INCORPORATORS. The persons forming a public
corporation organized pursuant to this article. (9) MUNICIPALITY. An...
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45-29-90.03
Section 45-29-90.03 Certificate of incorporation. (a) To become a corporation, the persons
who are designated to become members of the initial board of directors of the authority, as
provided in Section 45-29-90.02, shall present to the Judge of Probate of Fayette County,
a certificate of incorporation signed by them which shall contain all of the following: (1)
The name and official residence of each of the persons. (2) The term of office of each of
the persons as such directors. (3) The name of the proposed corporation which shall be the
Tom Bevill Reservoir Management Area Authority. (4) A concise legal description of the areas
included in the Tom Bevill Reservoir Management Area. (5) The location of the principal office
of the proposed corporation which shall be in Fayette County. (6) Any other matter relating
to the incorporation that the persons may choose to insert and which is not inconsistent with
this article or the laws of the State of Alabama. (b) The certificate of...
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45-29-90.11
Section 45-29-90.11 Regulation of zoning, planning, and construction. For the purpose of promoting
the health, safety, morals, convenience, environment order, prosperity, and general welfare,
all power and authority regarding zoning and planning within the management area is hereby
vested in the board of directors of the authority. As described herein, no regulated activity
shall commence without the applicant having first obtained a land use certificate as issued
by the authority. (1) The board is authorized to regulate the planning, zoning, and construction
within the management area of all activity involving public streets, public roads, subdivisions,
drainage structures in subdivisions, mobile home parks, residential and commercial developments,
apartments, recreation parks, coal mining, gas/oil and methane exploration and development,
excavation, and logging. The board is hereby authorized to adopt and enforce such ordinances
as shall be necessary to implement any development...
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45-46-90.03
Section 45-46-90.03 Certificate of incorporation. (a) Within 40 days following the adoption
of an authorizing resolution, the applicants shall proceed to incorporate an authority by
filing for record in the office of the judge of probate of the county a certificate of incorporation
which shall comply in form and substance with the requirements of this section and which shall
be in the form and executed in the manner herein provided. (b) The certificate of incorporation
of the authority shall state all of the following: (1) The names of the persons forming the
authority, and that each of them is a duly qualified elector of the county. (2) The name of
the authority, which shall be port authority, with the insertion of the name of the authorizing
municipality or county, and if deemed appropriate by the incorporators, of additional identifying
words. (3) The period for the duration of the authority. If the duration is to be perpetual,
subject to Section 45-46-90.18 that fact shall be...
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22-21-137
Section 22-21-137 Powers - Generally. The authority shall have the following powers and capacities,
among others specified in this article, together with all powers incidental thereto or necessary
to the discharge thereof: (1) To have succession by its corporate name until dissolved as
provided in Section 22-21-154; (2) To maintain actions and have actions maintained against
it by others in any form of litigation other than an action ex delicto, and to defend any
litigation brought against it; (3) To have and use 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, whether by purchase, gift, lease, devise or otherwise, property
of every description which the board may deem necessary or desirable to the acquisition, construction,
reconstruction, improvement, enlargement, equipment, operation or maintenance of a project
and to hold title thereto; (6) To construct, enlarge, improve,...
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45-30-250.02
Section 45-30-250.02 Franklin County Water Service Authority - Incorporation. (a) Three applicants
shall be appointed to incorporate the Franklin County Water Service Authority by filing for
record in the office of the judge of probate of the county a certificate of incorporation
that shall comply in form and substance with the requirements of this section and shall be
executed in the manner provided in this section. The applicants shall be appointed as follows:
One applicant shall be appointed by the state senator who represents the senatorial district
in which Franklin County is located; one applicant shall be appointed by the member of the
House of Representatives representing Franklin County; and one applicant shall be appointed
by the Franklin County Commission. (b) The certificate of incorporation of the authority shall
include the following: (1) The names and residences of the persons forming the authority,
and a statement that each is a qualified elector of the county, a...
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45-49-252.04
Section 45-49-252.04 Certificates of need. Certificates of need as required by Section 45-49-252.03
may be obtained for the management of solid waste in the following manner: (1) An applicant
for a certificate of need for a solid waste management activity or facility shall petition
the Mobile County Commission to deter- mine the need of such requested service by the applicant.
The applicant shall provide the commission with the following information as applicable: a.
A statement of purpose and need for the activity, service, or facility. b. A statement of
funding sources. c. A statement of financial resources of the applicant. d. A statement of
the cost of operation. e. A statement of existing facilities or services available. f. Any
other information requested by the commission. g. Information described in paragraphs b.,
c., and d. shall not be required from persons desiring certificates of need to provide nonresidential
solid waste management activities, services, or facilities. (2)...
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9-3-17
Section 9-3-17 Certification as volunteer fire department. (a) The term volunteer fire department
shall apply to and be used to define an organized group of area residents who meet the following
requirements for personnel, training, and equipment: (1) The group shall be organized and
incorporated under the laws of the State of Alabama as a nonprofit organization or as an authority
of a municipality, fire district, or other legal subdivision. The group shall actively respond
to fires and other emergencies and shall have a clearly defined coverage area recognized by
the Alabama Forestry Commission and the county fire association where the group is located
as the primary fire protection provider for the coverage area. The group shall be comprised
of not less than four members and shall provide monthly emergency response reports to the
commission. All persons who are members of the group shall be known as volunteer fire fighters,
and shall have been qualified as such by participating in...
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11-20-37
Section 11-20-37 Powers generally; location and operation of projects. (a) The corporation
shall have the following powers, together with all powers incidental thereto or necessary
for the performance of those stated in this subsection: (1) To have succession by its corporate
name for the period specified in the certificate of incorporation unless sooner dissolved
as provided in this article; (2) To sue and be sued and to prosecute and defend civil actions
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 acquire, whether by purchase,
construction, exchange, gift, lease or otherwise, improve, maintain, equip and furnish one
or more projects, including all real and personal properties which the board of directors
of the corporation may deem necessary in connection therewith and regardless of whether or
not any such projects or any part thereof shall then be in existence; (5) To...
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