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45-29-140.03
Section 45-29-140.03 Amendment of certificate of incorporation. (a) The certificate
of incorporation of the authority incorporated under this article may at any time and from
time to time be amended in the manner provided in this section. (b)(1) The board of
directors of the authority shall first adopt a resolution proposing an amendment to the certificate
of incorporation which shall be set forth in full in the resolution and which amendment may
include: a. A change in the name of the authority. b. The addition to the service area of
the authority of new territory lying within Fayette County. c. Provisions for the operation
of a system or facility the operation of which is not then provided for in the certificate
of incorporation of the authority and which the authority is authorized by this article to
operate. d. Any matters which might have been included in the original certificate of incorporation.
e. Provisions for the addition to the service area of the authority of new territory...
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45-38-141.05
Section 45-38-141.05 Powers of authority; rates and charges. (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 specified in its certificate of incorporation. (2) To sue and be sued in
its own name in civil actions, except as otherwise provided in this part, and to defend civil
actions against it. (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, and take, by purchase, gift, lease, devise, or otherwise,
and to hold property of every description, real, personal, or mixed, whether located in one
or more counties and whether located within or outside the service area. (6) To make, enter
into, and execute such contracts, agreements, leases, and other instruments and to take such...
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8-6-2
Section 8-6-2 Definitions. When used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION or SECURITIES COMMISSION. The securities commission. (2) AGENT. Any individual
other than a dealer who represents a dealer or issuer in effecting or attempting to effect
sales of securities, but such term does not include an individual who represents an issuer
in: a. Effecting a transaction in a security exempted by subdivisions (1), (2), (3), (4),
(9) or (10) of Section 8-6-10; b. Effecting transactions exempted by Section
8-6-11; or c. Effecting transactions with existing employees, partners, or directors of the
issuer if no commission or other remuneration is paid or given directly or indirectly for
soliciting any person in this state. A partner, officer, or director of a dealer or issuer
is an agent if he otherwise comes within this definition. (3) DEALER. Any person engaged in
the...
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9-15-56
Section 9-15-56 Application for beach project; issuance of permit. (a) Upon application
by a coastal municipality, the Commissioner of the Department of Conservation and Natural
Resources, acting through the Lands Division of the department, shall issue a permit for the
construction and maintenance of a beach project by the coastal municipality under the authority
of Article 11 of Chapter 47 of Title 11, provided all of the requirements of this section
shall have been satisfied. (b) The application for a beach project shall contain, at a minimum,
all of the following: (1) A detailed description of the location, dimensions, and design features
of the proposed beach project. (2) A copy of the survey, map, metes and bounds description,
or plane coordinate references adopted by the governing body of the coastal municipality as
identifying the location of the mean high tide line and the locations of the limits of the
landward and seaward extensions of the proposed beach project relative to...
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9-16-71
Section 9-16-71 Declaration of public policy and legislative intent; all land surface
mined under this article shall be reclaimed. (a) The objective of this article is to provide
for the safe, responsible and reasonable reclamation of lands upon which surface disturbances
will be created by surface mining and the surface effects of underground mining so as to protect
the taxable value of property and preserve natural resources within the state and protect
and promote the health and safety of the people of this state, consistent with the protection
of property and with maximum employment and the economic and industrial well-being of the
state. The Legislature finds and declares that the extraction of coal by surface mining provides
a major present and future source of energy and is an essential and necessary activity which
contributes to the economic and material well-being of the state. (b) The Legislature finds
that the unregulated or irresponsible surface mining of coal may cause...
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22-19-161
Section 22-19-161 Definitions. In this article: (1) "Adult" means an individual
who is at least 18 years of age. (2) "Agent" means an individual: (A) authorized
to make health care decisions on the principal's behalf by a power of attorney for health
care; or (B) expressly authorized to make an anatomical gift on the principal's behalf by
any other record signed by the principal. (3) "Anatomical gift" means a donation
of all or part of a human body to take effect after the donor's death for the purpose of transplantation,
therapy, research, or education. (4) "Coroner" means an elected or appointed official
who determines, with the assistance of other forensic scientists and investigators, the cause,
manner, and circumstances surrounding death. (5) "Decedent" means a deceased individual
whose body or part is or may be the source of an anatomical gift. The term includes a stillborn
infant and, subject to restrictions imposed by law other than this article, a fetus. (6) "Disinterested...
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23-1-411
Section 23-1-411 Definitions. As used in this article, the following terms have the
following meanings: (1) AIRPORT. Any area of existing land or man-made construction, except
a restricted landing area, that is currently used, made available, or designed for the landing
and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing,
maintenance, or repair of aircraft, and whether or not facilities are provided for receiving
and discharging passengers or cargo, so long as such area meets the minimum requirements as
to size, design, surfacing, marking, equipment, and management provided by the department
for airports owned or operated by a political subdivision. A military airport under the control
of the federal government is an airport for purposes of this article. For purposes of this
article, only a publicly owned, public use airport shall be considered to be an airport; provided,
however, that a heliport shall not be considered to be an airport for...
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37-13-1
Section 37-13-1 Definitions. When used in this chapter, unless the context plainly indicates
otherwise, the present tense shall include the future tense, the singular shall include the
plural, the plural shall include the singular and the following words and phrases shall have
the meanings respectively ascribed to them by this section. (1) ADDITIONAL RAIL SERVICE
AREA. Any territory that is outside the boundaries or corporate limits, as the case may be,
of any of its authorizing subdivisions and that the governing body of the county, and of any
city or town, in which such territory is located has by resolution designated as an area in
which the authority may render rail transportation service. (2) AUTHORITY. Any public corporation
organized pursuant to this chapter or any law amendatory thereof or supplemental thereto.
(3) AUTHORIZING SUBDIVISION. Any county, city, or town in this state in which there are located
railroad properties and facilities and whose governing body receives an...
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37-2-10
Section 37-2-10 Filing and posting of tariffs. Every transportation company shall print
and cause to be filed with the commission, and keep open to public inspection, tariffs or
schedules of rates showing all rates, fares, charges, classifications, rules, regulations
and practices for transportation subject to this chapter between points on its own route and
between points on its own route and points on the route of any other such transportation company,
when a through route and joint rate shall have been established, and all services in connection
therewith, all privileges and facilities granted or allowed and all rules, regulations, or
practices affecting such rate, fare, charge or classification or the value of the service
thereunder. If no joint rate over the through route has been established, the several transportation
companies in such through route shall print and cause to be filed with the commission, and
keep open to public inspection, tariffs or schedules of rates showing...
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40-18-403
Section 40-18-403 Port credits. (a) If approved by the commission, a port credit is
allowed, in an amount equal to fifty dollars ($50) per TEU, three dollars ($3) per net ton,
or four cents ($0.04) per kilogram for air freight, multiplied by the following: (1) The port
user's cargo volume in the 12-month period for which the commission has granted approval for
the port user to claim the port credit, minus (2) The port user's base cargo volume. (b) The
commission shall decrease the amount of the port credit to ensure that the anticipated revenues
for the port facility and state will exceed the amount of the port credit sought. The port
credit may be conditioned on whatever requirements the commission shall impose. The port credits
shall only be available to the extent that a port facility user ships more than 105 percent
of its cargo volume from the 12-month period immediately preceding the port facility user's
application. Moreover, the port credit shall only be available to the extent...
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