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33-2-191
Section 33-2-191 Docks facilities revenue bonds and refunding bonds - Continuation of special
charges. The department is hereby authorized to continue to impose and collect all charges
and other fees presently imposed and collected, pursuant to statutory authorization, by the
department for the use of docks facilities or the handling or processing of cargo and commodities,
irrespective of any statutory provisions providing for the termination of such charges and
fees upon the happening of certain events, including specifically the special handling charge
on coal handled by the department authorized to be imposed by Act No. 64 enacted at the 1971
Special Session of the Legislature, as amended, and the special processing charge on coal
processed by the department authorized to be imposed by Act No. 703 enacted at the 1976 Regular
Session of the Legislature, as amended, and all statutory provisions respecting or requiring
the termination of such charges and fees in certain events are...
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33-2-180
Section 33-2-180 Definitions. Where used in this article the following words and terms shall
be given the following respective meanings unless the context hereof clearly indicates otherwise:
(1) CODE. The Code of Alabama 1975, as amended. (2) DEPARTMENT. Alabama State Docks Department
created in Chapter 1 of Title 33. (3) DIRECTOR. The Director of State Docks provided for in
Section 33-1-3. (4) DOCKS FACILITIES. Docks and all kinds of docks facilities, including elevators,
compresses, conveyors, warehouses, water and rail terminals, bulk handling facilities, coal
handling facilities, grain elevator facilities, wharves, piles, quays, cold storage facilities,
loading and unloading facilities, and other related structures, facilities, equipment, property
and improvements of every kind needful for the convenient use of same, in aid of commerce
and use of the waterways of the state, now or hereafter existing, that are now or hereafter
owned or held, are or are to be under the management and...
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45-36-252.06
Section 45-36-252.06 Bonds of the authority; obligations. (a) In addition to all other powers
now or hereafter granted by law, the authority shall have the following powers, together with
all powers incidental thereto or necessary to the discharge thereof in corporate form: (1)
To sell and issue bonds of the authority in order to provide funds for any corporate function,
use, or purpose, any such bonds to be payable solely out of one or more of the following:
a. Any or all proceeds or receipts from the privilege, license, or excise tax levied on the
sale, distribution, storage, use, or consumption of tobacco and certain tobacco products in
Jackson County by Section 45-36-247. b. Any or all proceeds from any tax received by the Jackson
County Commission which are required by law to be deposited to the credit of the Jackson County
Water Authority. c. The revenues derived from any water, sewer, or garbage system or facility
of the authority. (2) To pledge for payment of any bonds issued...
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33-2-188
Section 33-2-188 Docks facilities revenue bonds and refunding bonds - Disposition of proceeds
of refunding bonds. The proceeds of refunding bonds shall be applied, together with any other
moneys legally available therefor to the payment of the expenses authorized by this article
and to the payment of the principal of, premium, if any, and interest due and to become due
on any outstanding bonds to be refunded thereby and, if so required by order of the director,
shall be deposited by the department, with one or more trustees or escrow agents, which trustees
or escrow agents shall be trust companies or national or state banks, located either within
or without the state, having powers of a trust company, in an interest account to pay interest
on refunding bonds, and in a reserve account to further secure the payment of the principal
of, premium, if any, and interest on any refunding bonds. Proceeds of refunding bonds may
also be applied to repay the department's lease obligations with...
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33-2-189
Section 33-2-189 Docks facilities revenue bonds and refunding bonds - Disposition of proceeds
of docks facilities revenue bonds. The department shall pay out of the proceeds from the sale
of any of the docks facilities revenue bonds all expenses that the director may deem necessary
or advantageous in connection with the sale and issuance of such docks facilities revenue
bonds (including any discount reflected in the purchase price thereof paid to the department),
including fees and disbursements of attorneys, accountants, financial advisors, consulting
engineers, and other consultants, fees and disbursements of trustees and escrow agents, bond
insurance premiums, printing costs, and other customary bond issuance expenses. Proceeds of
any of the docks facilities revenue bonds may also be applied to pay the costs of any surety
bonds or bonds that the department may cause to be deposited in a reserve account to further
secure the payment of principal of, premium, if any, and interest on...
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33-2-194
Section 33-2-194 Docks facilities revenue bonds and refunding bonds - Covenant by department
to maintain charges and other fees. For the benefit of the holders from time to time of the
docks facilities revenue bonds and the refunding bonds herein authorized, and in order to
secure maximum prices for said bonds, and in consideration of the purchase and acceptance
of said bonds by such holders, the department may, in any order of the director authorizing
the issuance of docks facilities revenue bonds or refunding bonds, irrevocably covenant and
agree that while any of such docks facilities revenue bonds or refunding bonds are outstanding
and unpaid, all charges, including special handling and processing charges, tariffs, surcharges,
and other fees of the department shall be maintained at such levels as the department shall
specify. (Acts 1984, No. 84-412, p. 963, ยง15.)...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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33-2-183
Section 33-2-183 Docks facilities revenue bonds and refunding bonds - Generally. The docks
facilities revenue bonds and the refunding bonds shall be in such forms and denominations
and of such tenor and maturities (either serial or term or a combination thereof), provided
that no docks facilities revenue bond or refunding bond shall have a specified maturity date,
including sinking fund redemptions, later than 30 years after its date, shall bear such rate
or rates of interest (including a zero rate of interest) payable and evidenced in such manner,
and may contain other provisions not inconsistent with this article, all as may be provided
in the order or orders of the director in which the docks facilities revenue bonds or the
refunding bonds, respectively, are authorized to be issued; provided, that no such order shall
be valid without the written approval of the Governor. Notwithstanding any other provision
of this article to the contrary, the director may, in connection with the...
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33-2-185
Section 33-2-185 Docks facilities revenue bonds and refunding bonds - Sale. Docks facilities
revenue bonds and refunding bonds may be sold by the department from time to time in series,
and if sold in more than one series may all be authorized in one initial order of the director
with the pledges therefor made in such initial order, notwithstanding that details applicable
to each series may be specified in the respective orders under which such series are issued.
Each series of the docks facilities revenue bonds or refunding bonds may be sold at public
or private sale, as determined by the director, at such price or prices as the director shall
determine, and if sold at public sale either on sealed bids or at public auction, to the bidder
whose bid reflects the lowest true interest cost to the department for the series of the docks
facilities revenue bonds or refunding bonds being sold, computed from the date of those at
the time being sold to their respective maturities and taking...
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33-2-192
Section 33-2-192 Docks facilities revenue bonds and refunding bonds - Pledge. All moneys hereby
pledged shall constitute a sinking fund for the purpose of paying the principal of, premium,
if any, and the interest on the docks facilities revenue bonds and refunding bonds. As security
for the payment of the principal of, premium, if any, and interest on the docks facilities
revenue bonds and the refunding bonds issued under this article, the department is authorized
to pledge the proceeds of the pledge herein provided for, including moneys on deposit in any
interest account or reserve account herein authorized to be created and the interest income
from the investment of moneys on deposit in such interest account or reserve account, and
the docks facilities construction and acquisition account. Any pledge made pursuant to this
section shall be valid and binding from the time the pledge is made. The income or revenue
so pledged shall immediately be subject to the lien of the pledge...
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