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11-65-4
Section 11-65-4 Elections required to approve incorporation of commission and conduct of racing
and pari-mutuel wagering thereon. (a) No commission shall be incorporated for a Class 1 municipality
and no horse racing or greyhound racing or pari-mutuel wagering thereon shall be permitted
in such municipality pursuant to this chapter unless the incorporation of such commission,
together with the conduct of horse racing and pari-mutuel wagering thereon or greyhound racing
and pari-mutuel wagering thereon or both such activities, shall have been authorized by an
election held in the host county in which such incorporation and such racing and wagering
activities shall have been approved by both (i) a majority of the votes cast in such election
by voters who reside in the host county (including those voters who reside in the sponsoring
municipality) and (ii) a majority of the votes cast in such election by voters who reside
in the commission municipal jurisdiction. In order to authorize the...
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11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under this
chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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17-5-2
Section 17-5-2 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) CANDIDATE. An individual who has done any of the following: a.
Taken the action necessary under the laws of the state to qualify himself or herself for nomination
or for election to any state office or local office or in the case of an independent seeking
ballot access, on the date when he or she files a petition with the judge of probate in the
case of county offices, with the appropriate qualifying municipal official in the case of
municipal offices, or the Secretary of State in all other cases. b. Received contributions
or made expenditures in excess of one thousand dollars ($1,000), or given his or her consent
for any other person or persons to receive contributions or make expenditures in excess of
one thousand dollars ($1,000), with a view to bringing about his or her nomination or election
to any state office or local office. (2) COMMISSION. The State Ethics...
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32-5-242
Section 32-5-242 Requirements as to head lamps and auxiliary driving lamps. (a) Visibility
distance and mounted height of lamps. (1) Whenever requirement is hereinafter declared as
to the distance from which certain lamps and devices shall render objects visible or within
which such lamps or devices shall be visible, the provisions shall apply during the times
stated in Section 32-5-240 in respect to a vehicle without load when upon a straight, level,
unlighted highway under normal atmospheric conditions unless a different time or condition
is expressly stated. (2) Whenever requirement is hereinafter declared as to the mounted height
of lamps or devices it shall mean from the center of such lamp or device to the level ground
upon which the vehicle stands when such vehicle is without a load. (b) Multiple-beam road-lighting
equipment. Except as hereinafter provided, the head lamps or the auxiliary driving lamp or
the auxiliary passing lamp or combination thereof on motor vehicles other...
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35-18-1
Section 35-18-1 Definitions. As used in this chapter, the following words have the following
meanings: (1) CONSERVATION EASEMENT. A nonpossessory interest of a holder in real property
imposing limitations or affirmative obligations the purposes of which include retaining or
protecting natural, scenic, or open-space values of real property, assuring its availability
for agricultural, silvicultural, forest, recreational, or open-space use, protecting natural
resources, maintaining or enhancing air or water quality, or preserving the historical, architectural,
archaeological, paleontological, or cultural aspects of real property. (2) HOLDER. Either
of the following to whom a conservation easement is conveyed: a. A governmental body empowered
to hold an interest in real property under the laws of this state or the United States. b.
A charitable corporation, charitable association, or charitable trust, the purposes or powers
of which include retaining or protecting the natural, scenic, or...
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35-9A-405
Section 35-9A-405 Counterclaims for action for possession or rent. (a) In an action for possession
or in an action for rent when the tenant is in possession, the tenant may counterclaim for
any amount the tenant may recover under the rental agreement or this chapter. It is in the
court's discretion whether the tenant is to remain in possession. The tenant shall pay into
court rent accrued and thereafter accruing as it comes due. The court shall determine the
amount due to each party. The party to whom a net amount is owed shall be paid first from
the money paid into court, and the balance by the other party. If no rent remains due after
application of this section, judgment shall be entered for the tenant in the action for possession.
If the defense or counterclaim by the tenant is without merit and is not raised in good faith,
the landlord may recover reasonable attorney's fees. (b) In an action for rent when the tenant
is not in possession, the tenant may counterclaim as provided in...
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40-9B-5
Section 40-9B-5 Granting of abatement. (a) Subject to the geographical or jurisdictional or
other limitations specified in subsections (b), (c), and (d), the governing body of a municipality,
a county, or a public industrial authority may grant abatements of all of the taxes allowed
to be abated under Section 40-9B-4 with respect to private use industrial property. (b)(1)
The abatements authorized to be granted pursuant to subsection (a) for construction related
transaction taxes and for ad valorem taxes for a period not to exceed 10 years may be granted:
a. By the governing body of a municipality, except as otherwise provided herein, with respect
to private use industrial property located within the limits of the municipality or within
the police jurisdiction of the municipality; provided, however, if a municipality has a corresponding
municipal tax, the municipal governing body may only grant an abatement of a county tax if
the municipality has also abated the corresponding municipal...
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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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11-50A-9
Section 11-50A-9 Issuance of bonds; prerequisites; procedure; provisions; execution; bond resolution
covenants. (a) The authority shall, prior to the adoption by the board of a resolution authorizing
the issuance of any bonds, enter into one or more contracts with two or more municipalities
which are authorized to contract with the authority pursuant to Section 11-50A-17. Any resolution
of the board authorizing the issuance of bonds may authorize those bonds to be issued in more
than one series, and the issuance of each series of bonds so authorized by that resolution
need not be preceded by the entering into by the authority of additional contracts pursuant
to Section 11-50A-17. (b) The board may by resolution or resolutions authorize the issuance
of bonds. Unless otherwise provided therein, the resolution or resolutions shall take effect
immediately and need not be published or posted. The board may authorize such types of bonds
as it may determine, subject only to any agreement with...
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11-95-7
Section 11-95-7 Powers of corporation. In addition to all other powers granted elsewhere in
this chapter, a corporation 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 perpetuity, subject to the provisions
of Section 11-95-19) specified in its certificate of incorporation; (2) To sue and be sued
in its own name in civil suits and actions, and to defend suits 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, construct, equip,
enlarge, improve, maintain, and operate hospital facilities in the authorizing county and
to do all things necessary to that end; (6) To receive, acquire, take and hold, whether by
purchase, gift, lease, devise, or otherwise, real and personal property...
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