16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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4-3-47
Section 4-3-47 Powers of authority generally. 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
in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil actions, excepting actions in tort against the authority; (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, take
and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties and
whether within or without the corporate limits of any authorizing subdivision, and to manage
said property and to develop any property and to sell, exchange, lease or...
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16-3-28
Section 16-3-28 Authority of board and trustees of institutions to borrow from federal agencies
or others; issuance of bonds, notes and other securities. (a) The State Board of Education,
acting for the respective educational institutions under its supervision, and each public
corporation that conducts one or more state educational institutions under its supervision,
acting through its board of trustees or other governing body, are hereby separately authorized
to exercise and perform any or all of the following powers: (1) To borrow money from the United
States of America or any department or agency thereof, or from any person, firm, corporation
or other lending agency for the purchase, construction, enlargement or alteration of any buildings
or other improvements, including dormitories, dining halls, classrooms, laboratories, libraries,
stadiums, administration buildings and any other buildings and appurtenances thereto suitable
for use by the institution with respect to which the...
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16-60-111.11
Section 16-60-111.11 Additional powers of board. (a) The board may exercise all of the following
powers: (1) To borrow money from the United States of America or any department or agency
thereof, or from any person, firm, corporation, or other lending agency for the purchase,
construction, enlargement, or alteration of any buildings or other improvements, including
dormitories, dining halls, classrooms, laboratories, libraries, stadiums, administration buildings,
and any other buildings and appurtenances thereto suitable for use by the institution or institutions
with respect to which the borrowing is made, or for the benefit of the Alabama Community College
System or one or more of its programs, the acquisition of furniture and equipment for any
thereof, the purchase of land, the beautification of grounds, and the construction of swimming
pools, tennis courts, athletic fields, and other facilities for physical education, all for
use by such institution or institutions, and for the...
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16-18A-4
Section 16-18A-4 Powers and duties. The purpose of the authority shall be to assist institutions
for higher education in the construction, financing and refinancing of the projects. The exercise
by the authority of the powers conferred by this chapter shall be deemed and held to be the
performance of an essential public function. For the purpose of this chapter, the authority
shall have the powers and duties set forth in this section. (1) To adopt an official seal
and alter the same at its pleasure. (2) To sue and be sued in contract and in tort and to
complain and defend in all courts of law and equity. (3) To maintain an office at such place
or places as it may designate. (4) To determine the location and character of any project
financed under this chapter, to acquire, construct, reconstruct, remodel, maintain, manage,
enlarge, alter, add to, repair, operate, lease as lessee or lessor, sell or otherwise dispose
of, any project in any manner it deems to the best advantage of the...
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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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33-2-185
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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33-2-190
Section 33-2-190 Docks facilities revenue bonds and refunding bonds - Defeasance. Any docks
facilities revenue bond or refunding bond issued pursuant to the provisions of this article
shall no longer be deemed to be outstanding, shall no longer be secured by the docks facilities
revenues that may have been pledged therefor, shall no longer constitute a limited obligation
of the department, and shall be secured solely by and payable solely from moneys and government
securities deposited in trust with one or more trustees or escrow agents as provided herein,
whenever there shall be deposited in trust with one or more trustees or escrow agents, as
provided herein, either moneys or government securities the principal of and interest on which
when due will provide moneys which, together with the moneys, if any, deposited with one or
more trustees or escrow agents, at the same time, shall be sufficient to pay when due the
principal of, premium, if any, and interest due and to become due on...
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33-2-186
Section 33-2-186 Docks facilities revenue bonds and refunding bonds - Nature of; pledge; negotiable
instruments. The docks facilities revenue bonds and refunding bonds shall not be general obligations
of the department but shall be payable solely out of docks facilities revenues. As security
for the payment of the principal of, premium, if any, and interest on the docks facilities
revenue bonds and refunding bonds issued by it under this article, the department is hereby
authorized and empowered to pledge for payment of the said principal, premium, if any, and
interest all or any part of the docks facilities revenues. All contracts made and all docks
facilities revenue bonds and refunding bonds issued by the department pursuant to the provisions
of this article shall be solely and exclusively obligations of the department and shall not
be an obligation or debt of the state. The docks facilities revenue bonds and refunding bonds,
except while registered, shall be construed to be...
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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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