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11-89-1
any thereof. (17) PERSON. Unless limited to a natural person by the context in which it is
used, such term includes a public or private corporation, a municipality, a county, a cooperative,
or an agency, department or instrumentality of the state or of a county or municipality or
cooperative. (18) PRINCIPAL OFFICE. The place at which the certificate of incorporation and
amendments thereto, the bylaws and the minutes of proceedings of the board of a district are
kept. (19) PROPERTY. Real and personal property and interests therein. (20) PUBLIC
CORPORATION. Any public corporation organized under the laws of the state. (21) PUBLIC FIRE
PROTECTION FACILITY. A fire protection facility which is owned or operated by the United States
of America, the state, a county, a municipality, a public corporation, any combination of
any thereof or any agency or instrumentality of any one or more thereof or in which any one
or more thereof or any agency or instrumentality of any one or more thereof holds...
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11-89-13
Section 11-89-13 Loans, sales, grants, etc., of money, property, etc., to district by counties,
municipalities, public corporations, etc. For the purpose of securing water service, sewer
service, or fire protection service or aiding or cooperating with the district in the planning,
development, undertaking, construction, extension, improvement, operation, or protection of
water systems, sewer systems, and fire protection facilities, any county, municipality, or
other political subdivision, public corporation, agency, or instrumentality of this state
may, upon such terms and with or without consideration, as it may determine: (1) Lend or donate
money to, guarantee all or any part of the indebtedness of, or perform services for the benefit
of the district; (2) Donate, sell, convey, transfer, lease, or grant to the district, without
the necessity of authorization at any election of qualified voters, any property of any kind,
including, but without limitation, any water system, sewer...
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11-88-21
Section 11-88-21 When proceedings, notice, etc., for incorporation of authority, acquisition
of property, issuance of bonds, etc., required; exemption of authority, etc., from jurisdiction
and regulation of Public Service Commission, etc. Except as expressly otherwise provided in
this article or Article 2 of this chapter no proceeding, notice, or approval shall be required
for the incorporation of any authority or the amendment of its certificate of incorporation,
the acquisition of any property, water system, sewer system, or fire protection facility or
the issuance of any bonds, mortgage, and deed of trust or trust indenture. The authority,
every water system, sewer system, or fire protection facility owned by the authority or leased
or subleased to a determining county and the rates and charges thereof shall be exempt from
all jurisdiction of and all regulation and supervision by the Alabama Public Service Commission
and neither a public hearing nor the consent of the State...
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11-88-7
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 article, 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 other actions as
may be necessary or convenient to accomplish any purpose for which the authority was organized
or to exercise any power expressly granted under this section; (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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16-6F-9
Section 16-6F-9 Legal status and powers of public charter schools; employees. (a) Legal status
of a public charter school. (1) Notwithstanding any provision of law to the contrary, to the
extent that any provision of this chapter is inconsistent with any other state or local law,
rule, or regulation, the provisions of this chapter shall govern and be controlling. (2) A
public charter school shall be subject to all federal laws and authorities enumerated herein
or arranged by charter contract with the school's authorizer, where such contracting is consistent
with applicable laws, rules, and regulations. (3) Except as provided in this chapter, a public
charter school shall not be subject to the state's education statutes or any state or local
rule, regulation, policy, or procedure relating to non-charter public schools within an applicable
local school system regardless of whether such rule, regulation, policy, or procedure is established
by the local school board, the State Board of...
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45-47-250.05
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 article, 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 other actions as
may be necessary or convenient to accomplish any purpose for which the authority was organized
or to exercise any power expressly granted under this section. (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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11-88-3
Section 11-88-3 Filing of application for incorporation of authority; adoption of resolution
approving or denying application by county governing body. (a) In order to incorporate an
authority under this chapter, any number of natural persons, not less than three, shall first
file a written application with the governing body of that county in which the area or areas
to be served by the proposed authority is located. Such application shall contain: (1) A statement
that the authority proposes to render water service, sewer service, and fire protection service,
or any one or more thereof; (2) A concise legal description of the area or areas in which
the authority proposes to render water service, sewer service, and fire protection service,
or any thereof; (3) A statement that there is no public water system adequate to serve any
area in which it is proposed that the authority will render water service, that there is no
public sewer system adequate to serve any area in which it is...
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45-29-140.05
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 article, 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 other actions as
may be necessary or convenient to accomplish any purpose for which the authority was organized
or to exercise any power expressly granted under this section. (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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45-38-141.05
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 other actions as
may be necessary or convenient to accomplish any purpose for which the authority was organized
or to exercise any power expressly granted under this section. (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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11-89-32
Section 11-89-32 Procedure to form special corporation. (a) In order to provide for operation
and financing of one or more, but not all, of its authorized services under Chapter 89, Title
11, by following the procedures set out in this article, any district may establish a separate
public corporation and grant to it the power to finance and operate any, but not all, of the
authorized services of the district. If any district may, by its certificate of incorporation,
provide more than one of fire protection service, sewer service, or water service in its service
area, it may provide that any one or more of the services, but not all of them, may be operated
and financed through a special corporation organized pursuant to this article. The procedure
to organize a special corporation is as follows: The board shall adopt a resolution specifying
that it is necessary or expedient that a special corporation be organized pursuant to this
article to operate and finance one or more, but not all,...
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