8-29-3
Section 8-29-3 Timely payments to contractors and subcontractors; noncompliance with chapter;
percentage of retainage on payments. (a) When a contractor has performed pursuant to his or
her contract and submits an application or pay request for payment or an invoice for materials,
to the owner or owner's representative, the owner shall timely pay the contractor by mailing
via first class mail or delivering the amount of the pay request or invoice in accordance
with the payment terms agreed to by the owner and the contractor, the agreed upon payment
terms must be specified in all contract documents, but if payment terms are not agreed to,
then within 30 days after receipt of the pay request or invoice. (b) When a subcontractor
has performed pursuant to his or her contract and submits an application or pay request for
payment or an invoice for materials to a contractor in sufficient time to allow the contractor
to include the application, request, or invoice in his or her own pay request...
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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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11-50A-20
Section 11-50A-20 Trust agreement. In the discretion of the authority, any issue of bonds may
be secured by a trust agreement or indenture made by the authority with a corporate trustee,
which may be any trust company or bank within or without the state having the powers of a
trust company. The trust agreement or indenture may pledge or assign any revenues to be received
by the authority and any proceeds which may be derived from the disposition of any real or
personal property of the authority or proceeds of insurance carried thereon. The resolution
providing for the issuance of bonds and the trust agreement or indenture may contain any provisions
the authority deems necessary or appropriate for protecting and enforcing the rights and remedies
of the bondholders, including the right of appointment of a receiver upon default in the payment
of any principal or interest obligation and the right of any receiver or trustee to enforce
collection of any rates, fees, tolls, charges, or...
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11-54-56
Section 11-54-56 Bonds - Disposition of proceeds from sale. (a) The proceeds derived from the
sale of any bonds issued under authority of this article, other than refunding bonds, shall
be used only to pay the cost of acquiring, constructing, improving, enlarging, equipping and
furnishing one or more projects as may be provided in the proceedings in which the bonds are
authorized to be issued. (b) Such cost shall be deemed to include the following: (1) The cost
of acquiring any land forming a part of the project; (2) The cost of the labor, materials
and supplies used in any such construction, improvement or enlargement, including architect's
and engineer's fees and the cost of preparing contract documents; (3) The purchase price of
and the cost of installing equipment, furniture and furnishings for the project; (4) The cost
of landscaping the lands forming a part of the project and of constructing and installing
roads, sidewalks, curbs, gutters, utilities and parking facilities in...
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11-54A-9
Section 11-54A-9 Powers of authority; all projects to be in development area. (a) The authority
shall have the following powers, together with all powers incidental thereto or necessary
to the discharge thereof in corporate form: (1) To have succession by its corporate name for
the duration of time, which may be perpetuity, subject to Section 11-54A-20, specified in
its certificate of incorporation. (2) To sue and be sued in its own name and to prosecute
and defend civil actions in any court having jurisdiction of the subject matter and of the
parties. (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, whether by purchase, construction, exchange, gift, lease, or otherwise and
to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more projects,
including all real and personal properties which the board of the authority may...
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22-21-149
Section 22-21-149 Bonds - Use of proceeds. (a) The proceeds derived from the sale of any bonds
sold by the authority, other than refunding bonds, shall be used only to pay the cost of acquiring,
constructing, improving, enlarging and equipping one or more projects, as may be provided
in the proceedings in which the bonds are authorized to be issued. Such cost shall be deemed
to include the following: (1) The cost of any land forming a part of such project or projects;
(2) The cost of the labor, materials and supplies used in any such construction, improvement
or enlargement, including architect's and engineer's fees and the cost of preparing contract
documents and advertising for bids; (3) The purchase price of, and the cost of, installing
equipment for such project or projects; (4) The cost of landscaping the lands forming a part
of such project or projects and of constructing and installing roads, sidewalks, curbs, gutters,
utilities and parking places in connection therewith; (5)...
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22-21-270
Section 22-21-270 Certificates of need - Period for which valid; extension of time; termination;
transferability. (a) A certificate of need issued under subsection (a) of Section 22-21-265
and Section 22-21-268 shall be valid for a period not to exceed 12 months and may be subject
to one extension not to exceed 12 months, provided the criteria for extension as set forth
in the rules and regulations of the SHPDA are met. Applications for an extension filed under
this section shall be accompanied by a filing fee to be established by rule, not to exceed
25 percent of the original CON application fee. If no obligation has occurred within such
period, the certificate of need shall be considered terminated and shall be null and void.
Should the obligation be incurred within such valid period, the certificate of need shall
be continued in effect for a period not to exceed one year or the completion of the construction
project, whichever shall be later, or the inauguration of the service or...
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31-9A-9
Section 31-9A-9 Additional powers of director that may be exercised under the direction and
control of the Governor during a declaration of emergency as authorized in Section 31-9-8.
(a) When the Governor declares a state of emergency as authorized in Section 31-9-8, if the
emergency is related to homeland security, the director shall have and may exercise the following
additional powers, under the direction and control of the Governor: (1) Enforce all laws,
rules, and regulations relating to homeland security and direct state resource allocations
when required; provided, this chapter shall not vest authority to enforce the criminal laws
of this state in the Director of Homeland Security, or the deputies or personnel of the department.
(2) Sell, lend, lease, give, transfer, or deliver materials or perform services for homeland
security purposes on such terms and conditions as the Governor shall prescribe and without
regard to the limitations of any existing law, and account to the...
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33-1-1
Section 33-1-1 State may engage in promoting, constructing, operating, etc., harbors and ports;
expenditure of funds to entertain customers, etc., authorized; audit and accounting of certain
expenditures. The State of Alabama may engage in, through the agency of the Alabama State
Port Authority provided and designated by law, works of internal improvement, and of promoting,
developing, constructing, maintaining and operating all harbors, seaports or riverports within
the state or its jurisdiction, including the acquisition or construction, maintaining and
operating at seaports and riverports of harbor watercraft and terminal railroads, as well
as all other kinds of terminal facilities. Such work or improvement and facilities shall be
under the management and control of the state through the governing agency provided and designated
by law. The Alabama State Port Authority in further promoting harbors, seaports and riverports
within the state, through its director, and such employees as...
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37-11C-3
Section 37-11C-3 Standards for approval of qualified railroad rehabilitation expenditures;
application for tax credits; completion of project; tax credit certificate; fees; annual report.
(a) By December 1, 2019, the Department of Commerce shall develop standards for the approval
of qualified railroad rehabilitation expenditures for which a tax credit is being sought.
The standards shall consider the availability of additional public or private funding for
the project, the expected completion time of the project, and the anticipated impact of the
project on usage of the railroad infrastructure. (b) Prior to beginning any qualified railroad
rehabilitation work, the eligible taxpayer shall submit an application and rehabilitation
plan to the department and an estimate of the qualified railroad rehabilitation expenditures
under the rehabilitation plan; provided, however, the eligible taxpayer, at its own risk,
may incur qualified railroad rehabilitation expenditures no earlier than six...
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