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45-49-21.20
Section 45-49-21.20 Legislative findings. (a) The Legislature is cognizant of Opinion of the
Justices No. 376, issued April 9, 2002, which states that a local bill for Washington County
"purporting to allow by local law the creation of a traffic in alcohol that does not
presently exist in smaller municipalities in Washington County, does not fit within the ambit
of the last paragraph of Section 104 permitting the Legislature to pass local laws regulating
or prohibiting such traffic." The effect of this Opinion of the Justices is to greatly
limit situations in which local laws may be enacted regarding alcoholic beverages. This opinion,
in part, was based upon a determination that, "Generally, 'regulate' implies the exercise
of control over something that already exists." While respecting the constitutional authority
granted to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this
body disagrees with the conclusion reached by the court concerning Section 104....
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9-7-13
Section 9-7-13 Activities deemed permissible uses within coastal area; determination of additional
permissible uses. (a) The Legislature of Alabama finds that the following activities shall
constitute permissible uses within the coastal area: (1) The accomplishment of emergency decrees
of any duly appointed health officer of a county or municipality or of the state acting to
protect the public health and safety; (2) The conservation, repletion and research activities
of the Marine Environmental Sciences Consortium, the Marine Resources Division of the Department
of Conservation and Natural Resources and the Mississippi-Alabama Sea Grant Consortium; (3)
The exercise of riparian rights by the owner of the riparian rights; provided, that the construction
and maintenance of piers, boathouses and similar structures shall be on pilings that permit
a reasonably unobstructed ebb and flow of the tide; (4) The normal maintenance and repair
of bulkheads, piers, roads and highways existing on the...
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2-6-76
Section 2-6-76 Powers of corporation - Issuance and sale of securities. (a) The corporation
is authorized to issue and sell its interest-bearing or noninterest-bearing securities, in
one or more series, not exceeding $6,000,000.00, in aggregate principal amount, to provide
funds to be used by the Board of Agriculture and Industries in the construction, acquisition
and installation of a market facility and to be used by the Agricultural Center Board in the
renovation of the coliseum. (b) The principal of, premium, if any, and interest on any securities
or series of securities of the corporation the proceeds of which are devoted to the construction,
acquisition and installation of the market facility shall be payable from and secured by a
pledge of all rents, leases, charges or other revenues derived or realized from leases to
the public of said market facility after deduction of costs of operation. The principal of,
premium, if any, and interest on any securities or series of securities...
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45-2-244.077
Section 45-2-244.077 Charge for collections; dispositition of funds. The county commission
shall be authorized to charge an amount not less than two percent nor more than five percent
of the special county tax collected in the county under this subpart for collecting the special
county tax. In order to charge more than two percent of the special county tax for collecting
the tax, the county commission and the Baldwin County Board of Education shall be required
to agree upon such additional percentage for collection. Prior to any other distribution,
two percent of all net revenues herein collected shall be appropriated to the Juvenile Court
for Baldwin County to be used for drug interdiction and education programs; staffing; and
the leasing, building, staffing, and operation of a home for juveniles; and one percent of
all net revenues collected shall be appropriated to the Baldwin County District Attorney's
Office to be expended for education and intervention programs, with emphasis on...
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45-37A-56.29
Section 45-37A-56.29 Powers of the authority. (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
in perpetuity, specified in its certificate of incorporation. (2) To sue and be sued in its
own name in civil suits and actions. (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, gift,
lease, devise, eminent domain, or otherwise, property of every description, whether real,
personal, or mixed, and to manage the property, and to develop any undeveloped property owned,
leased, or controlled by it, provided, however, that no such authority shall acquire or lease
real property located outside the boundaries of the city. (6) To...
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11-92A-12
Section 11-92A-12 Powers of authority. An authority shall have the following powers, which
it may exercise in any county within such authority's authorized operational area: (1) To
have succession by its corporate name until dissolved as provided in this chapter; (2) To
institute and defend legal proceedings in any court of competent jurisdiction and proper venue;
provided, however, that an authority may not be sued in any trial court other than the courts
of a county within the authorized operational area of the authority; provided, further, that
the officers, directors, agents, and employees of an authority may not be sued for their actions
in behalf of the authority except for actions that are known by such person to be unlawful
or are performed with reckless disregard for the lawfulness of such actions; (3) To have and
to use a corporate seal and to alter the seal at its pleasure; (4) To establish a fiscal year;
(5) To anticipate by the issuance of its bonds the receipt of any...
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11-97-1
Section 11-97-1 Legislative declarations and findings. It is hereby found and declared as follows:
(1) That the health, safety, and welfare of the people of this state require the provision
of certain utility services, including water and sewer services; (2) That it is necessary
for the Legislature to provide additional methods by which the cities and counties in the
state may provide new and improve existing utility services facilities; (3) That historically
a significant portion of the funding of the costs of construction of such utility services
facilities has been provided through grants from the United States of America; (4) That, in
recent years, funds available to cities and counties from the United States of America for
payment of costs of construction of utility services facilities has been substantially reduced,
and it is anticipated that, in coming years, such funds may be further reduced or eliminated;
(5) That the result of the elimination of funding from the United States...
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37-13-7
Section 37-13-7 Powers of authority generally. Each 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 suit and actions; (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, 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 boundaries or corporate limits (as
the case may be) of any authorizing subdivision, and to manage said property, and to develop
any undeveloped property owned, leased or controlled by it in a...
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41-4-353
Section 41-4-353 Applicability of provisions; exceptions. (a) All real property owned or leased
by state departments, boards, bureaus, commissions, agencies, offices, and other instruments
of the state is subject to the requirements of this article and in Sections 41-4-2, 41-4-3,
41-4-261, and 41-9-141 except: (1) All educational facilities including K-12, postsecondary,
and higher education facilities. (2) Facilities of the Legislative Branch of government. (3)
Facilities of the Judicial Branch of government. (4) Facilities of the Retirement Systems
of Alabama. (5) Facilities of the Alabama Port Authority. (6) Facilities of the State Military
Department. (7) Lands managed by the Lands Division of the Department of Conservation and
Natural Resources. (8) Right-of-way owned by the Department of Transportation. (9) Gulf State
Park. (10) Facilities and real property owned or leased by departments, boards, bureaus, commissions,
agencies, offices, and other instruments of the state that do...
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9-14E-1
Section 9-14E-1 Definitions. The following terms as used in this section shall have the following
meanings: (1) DEPARTMENT. The Department of Conservation and Natural Resources. (2) GOVERNOR.
The Governor of the State of Alabama. (3) GROUND LEASE. A lease of the project site which
shall provide for the rights and responsibilities of the state and any other person which
is a party thereto. (4) GULF STATE PARK. The real property comprising approximately 6,150
acres, and any future additions thereto, including facilities and fixtures located thereon
and appurtenances thereto, owned and managed by the state and the department in south Baldwin
County, Alabama. (5) GULF STATE PARK PROJECT COMMITTEE. The committee established pursuant
to subsection (d) of Section 9-14E-5. (6) PARTY TO AN EXECUTED PROJECT AGREEMENT. The state
or any person who is a party to and is obligated to the state under a project agreement, or
any part thereof. (7) PERSON. Any private person or any public person. (8)...
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