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23-1-317
Section 23-1-317 Expenditure of proceeds; contracts; rules and regulations; conveyance of property.
(a) If such action shall be necessary in order to comply with any federal legislation relating
to federal aid in construction of roads and highways, the authority may authorize the State
Department of Transportation to expend directly any portion of proceeds from obligations issued
under this article for constructing, reconstructing and relocating federal aid projects or
work incidental or related thereto. (b) All contracts of the authority for the construction,
reconstruction and relocation of federal aid projects, and work incidental or related thereto
and the acquisition of property necessary therefor, shall be in writing, shall be subject
to the rules and regulations and shall be let under the supervision of the State Department
of Transportation and shall be subject to approval by the Governor and by the State Department
of Transportation. All work provided for in any such contract...
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4-3-47
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 grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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23-1-40
of participants or best value, or both, as evaluated by procedures of the department and taking
into consideration the best interest of the State of Alabama. (6) Proposals shall use the
standard specifications of the department or other specifications the department determines
necessary for the project. (i) (1) Notwithstanding any law to the contrary, the Department
of Transportation may provide compensation for an uncontested claim not to exceed five thousand
dollars ($5,000) for injury to a person or property or to pay an unpaid vendor invoice
without approval of the State Board of Adjustment where the department determines in justice
and good morals the claim should be paid. Any claim shall be subject to the same statute of
limitations as provided in Section 41-9-65. The department shall develop procedures for the
filing, review, and payment of uncontested claims. Any claim prior to payment shall be approved
by the Director of Transportation or his or her designee. The...
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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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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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23-1-332
Section 23-1-332 Creation; revenue sources; allocation of revenue; use of funds; funds to be
matched; obligation limitations; role of department; unobligated funds. (a) There is created
within the state a program to be known as the Rural Access Program. (b) The following revenues
sources shall be allocated for use of the Rural Access Program. (1) Motor fuel taxes distributed
to the Department of Transportation and deposited in the Public Road and Bridge Fund under
the provisions of Sections 40-17-13 and 40-17-222, in excess of 105 percent of the base year
receipts, compounded annually. Fiscal year 1994-95 is the base year. Any motor fuel tax receipts
that exceed 105 percent of the base year receipts compounded annually shall be allocated to
the Rural Access Program for allocation to the 67 counties of the state. (2) Other funds including,
but not limited to, matching funds provided by counties. (c) Allocation of the revenue received
shall be as follows: (1) Other funds shall be...
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11-32-7
and trust indentures, or either. (17) Exercise the power of eminent domain, except as limited
by state law, except the authority may not acquire, without the consent of the owner, any
transportation system from which public transportation service is currently being furnished.
The authority may not by eminent domain acquire any real property or rights owned or held
by public or private railroads or utilities. (18) Expend funds for the purchase or lease of
materials, equipment, supplies, or other personal property without compliance with
Chapter 16 of Title 41. (19) Appoint, employ, contract with, and provide for the compensation
of, officers, employees, and agents, including, but without limitation to, engineers, attorneys,
management consultants, fiscal advisers, or other consultants without regard to Chapter 16
of Title 41, or any law establishing a civil service or merit system that might otherwise
be applicable, as the business of the authority may deem necessary or desirable, and...
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37-13-7
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 suit and actions; (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, 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 boundaries or corporate limits (as the case may be) of any authorizing subdivision,
and to manage said property, and to develop any undeveloped property owned, leased or controlled
by it in a manner necessary or convenient to carry out the purposes of this chapter; (6) To
execute such contracts and other instruments and to take such other action as may be necessary
or convenient to carry out the purposes of this...
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23-1-313
Section 23-1-313 Bonds and notes - Disposition of proceeds from sale. The authority shall pay
out of the proceeds from the sale of the obligations authorized by this article all expenses
that the board of directors may deem necessary and advantageous in connection with the sale
and issuance thereof. The proceeds from the issue of any obligations authorized by this article,
(i) except the proceeds of bonds which were issued to pay principal and interest of temporary
bonds or notes and in anticipation of which such temporary bonds or notes shall have been
issued, and (ii) except the proceeds of refunding bonds issued to refund any outstanding obligation,
remaining after paying the expenses of their sale and issuance, shall be deposited in the
State Treasury, shall be credited to the Road and Bridge Fund and shall be subject to be withdrawn
by the authority, upon the approval of the State Department of Transportation and the Governor,
but only for the purpose of paying the federal share...
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41-10-239
Section 41-10-239 Property rights not to be affected by article; sections imposing licensing
requirements, taxes, etc., are void if such requirements not otherwise imposed. It is the
intent of this article that it shall not restrict or impair the real, personal or mixed
property in which any individual person, industry, business, utility, industrial development
board or similar board or authority, public or private corporation or the Alabama State Port
Authority has any legal, equitable, absolute or conditional right, title or interest, whether
by fee simple, leasehold, easement, possession, contract, license, permit or any other form
of ownership or other rights thereto whatsoever or any existing or future rights of way required
by the State of Alabama Department of Transportation for the construction of Interstate Route
I-210 and the construction of the new Cochrane Bridge and its roadway approaches and any future
connections to or between these two highway facilities. In the event...
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