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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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23-2-142
Section 23-2-142 Definitions. As used in this article, the following words and terms shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) AUTHORITY. The Alabama Toll Road, Bridge, and Tunnel Authority created by this article,
or any board, body, or commission succeeding to the principal functions thereof or to which
the powers given by this article to the authority shall be given by law. (2) BONDS or TOLL
ROAD, BRIDGE, OR TUNNEL REVENUE BONDS. Bonds of the authority authorized under this article.
(3) CONCESSIONAIRE. A person, firm, corporation, partnership, limited liability company, or
other legal entity described in Section 23-2-144(a)(12) which has been awarded a contract
to construct or operate, or both, a toll road or bridge by the department or the authority.
(4) COST. As applied to a toll road, bridge, or tunnel project, the cost shall include, but
not be limited to, the following: a. The cost of construction, including bridges...
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6-5-710
Section 6-5-710 Definitions. For purposes of this article the following terms shall have the
following meanings: (1) AWARDING AUTHORITY. a. The Alabama Department of Transportation, if
the project is either for, or is funded in whole or in part by, the State of Alabama to construct,
repair, resurface, refurbish, replace, remove, modify, alter, or otherwise improve any public
or private infrastructure, including any public-private partnership project, for which construction
monitoring services are contracted. b. A county, city, town, or municipality that appropriates
public funds for the construction, repair, resurfacing, refurbishment, replacement, removal,
modification, alteration, or other improvement of any public or private infrastructure, including
any public-private partnership project, for which construction monitoring services are contracted.
c. All other state, county, or municipal boards, bodies, commissions, agencies, departments,
institutions, and instrumentalities, and...
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40-17-371
Section 40-17-371 Cost of collection; distribution of tax proceeds. (a) The Alabama Department
of Revenue shall retain one-quarter of one percent (0.25%) of the tax proceeds, less any refunds,
from this additional excise tax on gasoline and diesel fuel for its cost of collection. The
department may adopt rules and such forms as may be necessary for the administration of the
excise tax provided for in this article. (b) Each month, prior to the remaining payments provided
in this article, up to $750,000 of the tax proceeds from the additional excise tax on gasoline
and up to $230,000 of the tax proceeds from the additional excise tax on diesel fuel shall
be distributed first to the Alabama Highway Finance Corporation for the payment of the principal
of and interest on bonds to be issued by it to finance improvements to the ship channel providing
access to the facilities of the Alabama State Docks, to the extent necessary for such purpose.
The amount distributed pursuant to this section...
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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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22-21-260
Section 22-21-260 Definitions. As used in this article, the following words and terms, and
the plurals thereof, shall have the meanings ascribed to them in this section, unless otherwise
required by their respective context: (1) ACQUISITION. Obtaining the legal equitable title
to a freehold or leasehold estate or otherwise obtaining the substantial benefit of such titles
or estates, whether by purchase, lease, loan or suffrage, gift, devise, legacy, settlement
of a trust or means whatever, and shall include any act of acquisition. The term "acquisition"
shall not mean or include any conveyance, or creation of any lien or security interest by
mortgage, deed of trust, security agreement, or similar financing instrument, nor shall it
mean or include any transfer of title or rights as a result of the foreclosure, or conveyance
or transfer in lieu of the foreclosure, of any such mortgage, deed of trust, security agreement,
or similar financing instrument, nor shall it mean or include any...
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29-2-4
Section 29-2-4 Reporting requirements; powers and duties. (a) On or before January 31 of each
year, any county or city required to report local motor fuel excise tax rate information to
the Department of Revenue pursuant to Act 1998-192 shall provide a similar report to the transportation
department regarding the total amount of local motor fuel excise tax revenues collected by
the county or city for the immediately preceding fiscal year and the total amount of the revenues
expended on road and bridge maintenance and improvement during that same fiscal year. The
transportation department shall collect the information and deliver a report to the Joint
Transportation Committee on or before March 31 of each year. (b) The powers and duties of
the Joint Transportation Committee shall be as follows: (1) It shall review and shall consider
concurring with the long-range plan of the transportation department as such plan exists at
the date of the meeting called for the purpose of reviewing the...
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39-2-6
Section 39-2-6 Award of contract; additional competitive bids; work done by force account;
availability of plans, etc.; use of convict labor; assignment of contract; agreements, etc.,
among bidders; advance disclosure; life cycle costs. (a) The contract shall be awarded to
the lowest responsible and responsive bidder, unless the awarding authority finds that all
the bids are unreasonable or that it is not to the interest of the awarding authority to accept
any of the bids. A responsible bidder is one who, among other qualities determined necessary
for performance, is competent, experienced, and financially able to perform the contract.
A responsive bidder is one who submits a bid that complies with the terms and conditions of
the invitation for bids. Minor irregularities in the bid shall not defeat responsiveness.
The bidder to whom the award is made shall be notified by telegram, confirmed facsimile, or
letter at the earliest possible date. If the successful bidder fails or refuses to...
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45-22-243.99
providing for their issuance. The term capital improvements, as used in this subsection, includes
improvements, additions, and replacements to the public hospital that are of such nature as
to be chargeable to fixed capital account by generally accepted accounting principles, and
real estate on which any such improvements, additions, or replacements are proposed to be
located. The term shall be deemed to include additional structures and shall be deemed also
to include equipment and other personal property when chargeable to fixed capital account
by generally accepted accounting principles, and shall not include any operating expenses
of the hospital. (c) The portion of the tax proceeds that is to be paid to the City of Cullman
in subsection (a) may be used by the city for any lawful purpose. (d) The tax proceeds allocated
to the county in subsection (a) shall be distributed by the county treasurer monthly as follows:
(1) One-fifth (20 percent) of the tax proceeds allocated to the...
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9-14E-1
pursuant to subsection (d) of Section 9-14E-5. (6) PARTY TO AN EXECUTED PROJECT AGREEMENT.
The state or any person who is a party to and is obligated to the state under a project agreement,
or any part thereof. (7) PERSON. Any private person or any public person. (8) PRIVATE PERSON.
Any natural person, corporation, general or limited partnership, limited liability company
or partnership, unincorporated association or organization, or other nongovernmental entity.
(9) PROJECT. Real and personal property to be located on the approximately 29 acre
project site in Gulf State Park, as described in subdivision (12), to consist of some or all
of the following: Lodge facilities; conference, education, and meeting space; banquet areas;
primary and specialty restaurants; recreation and other facilities; business centers; and
infrastructure such as parking facilities; transportation facilities for pedestrian and vehicular
traffic; utilities; and other structures or improvements as presented...
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