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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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23-2-153
the recording or filing for record of any mortgage, deed, or other instrument evidencing a
conveyance to or the creation of any property interest in the authority or the department,
any agreement or instrument to which the authority or the department is a party, or any mortgage,
deed, or other instrument evidencing a conveyance from the authority or the department to
another party or the creation by the authority or the department of any property interest
in another party. (e) Any tangible personal property that will become a permanent part
of a project constructed by the authority, department, or any concessionaire, or any contractor,
subcontractor, or agent thereof, shall be exempt from taxation and assessment, including sales
or use taxes. However, any concessionaire, or contractor, subcontractor, or agent thereof,
seeking an exemption of county or municipal sales or use taxes for itself or its contractors,
subcontractors, or agents, under the authority granted in this subsection,...
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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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23-2-146
Section 23-2-146 Grade separations at intersections; relocation of public highways; authority
to enter private lands to drill, survey, etc.; relocation, etc., of public utility facilities;
procedures; costs. (a) The authority shall have power to construct grade separations at intersections
of any toll road, bridge or tunnel project with public highways and to change and adjust the
lines and grades of such highways so as to accommodate the same to the design of the grade
separation. The cost of such grade separations and any damage incurred in changing and adjusting
the lines and grades of such highways shall be ascertained and paid by the authority as a
part of the cost of such bridge or tunnel project. (b) If the authority finds it necessary
to change the location of any portion of any public highway, it shall cause a highway of substantially
the same type as the original highway to be reconstructed at such location as the authority
shall deem most favorable. The cost of...
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23-2-149
Section 23-2-149 Trust agreements securing bond issues; authorized provisions protecting holders;
pledge of revenues. In the discretion of the authority, any bonds issued under the provisions
of this article may be secured by a trust agreement by and between the authority and a corporate
trustee, which may be any trust company, or bank having the powers of a trust company, within
or without the state. The trust agreement or the resolution providing for the issuance of
such bonds subject to the provisions of Section 23-2-147, may pledge or assign tolls or other
revenues to which the authority's right then exists or which may thereafter come into existence,
and the moneys derived therefrom, and the proceeds of such bonds; provided, however, that
the trust agreement or resolution shall not convey or mortgage any toll road, bridge or tunnel
project or any part thereof. Such trust agreement or resolution providing for the issuance
of bonds may contain such provisions for protecting and...
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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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40-9-14.1
State Board of Education. (b)(1) The Department of Revenue shall issue a certificate of exemption
to the governmental entity for each tax exempt project. (2) The Department of Revenue shall
grant a certificate of exemption from state and local sales and use taxes to any contractor
licensed by the State Licensing Board for General Contractors, or any subcontractor working
under the same contract, for the purchase of building materials, construction materials and
supplies, and other tangible personal property that becomes part of the structure that
is the subject of a written contract for the construction of a building or other project,
not to include any contract for the construction of any highway, road, or bridge, for and
on behalf of a governmental entity which is exempt from the payment of sales and use taxes.
(c) The use of a certificate of exemption for the purchase of tangible personal property
pursuant to this section shall include only tangible personal property that becomes...
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23-1-434
Section 23-1-434 (This section terminates April 26, 2018, if no revenue is created.) Use of
funds by municipality; Municipal Transportation Safety Fund Plan; annual report. (a) The monies
distributed to a municipality from the fund shall be deposited in a separate fund maintained
by the municipality and expended only for one or more of the following: (1) The maintenance,
improvement, replacement, and construction of roads and bridges within a municipality's jurisdictional
limits. (2) As matching funds for federal road or bridge projects. (3) The payment of any
debt associated with a road or bridge project. (4) With the consent of the county, for the
maintenance, improvement, or replacement of county-maintained roads and bridges within the
municipality's jurisdictional limits. (5) For a joint road or bridge project with the county
pursuant to any agreement executed under the authority of state law. (b) The municipality
shall not use monies from the fund for any of the following purposes...
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23-1-433
Section 23-1-433 (This section terminates April 26, 2018, if no revenue is created.) Use of
funds by county; Transportation Safety Fund Plan; annual report. (a) Except for monies allocated
pursuant to subdivisions (1) and (2) of Section 23-1-431, the monies paid to counties from
the fund shall be deposited into a separate fund maintained by the county and expended only
for one or more of the following: (1) The maintenance, improvement, replacement, and construction
of county-maintained roads and bridges. (2) As matching funds for federal road or bridge projects.
(3) The payment of any debt associated with a road or bridge project. (4) With the consent
of the municipality, for the maintenance, improvement, or replacement of municipally-maintained
roads and bridges. (5) For a joint road or bridge project with one or more municipalities
in the county pursuant to any agreement executed under the authority of state law. (b) The
county shall not use any monies from the fund for any of 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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