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11-49-1
Section 11-49-1 Consent to use public streets, etc., for construction or operation of public
utility or private enterprise; fees. (a) No person, firm, association, or corporation shall
be authorized to use the streets, avenues, alleys, and other public places of cities or towns
for the construction or operation of any public utility or private enterprise without first
obtaining the consent of the proper authorities of the city or town. (b) No electric supplier,
as defined in Section 37-14-31(1), which has an assigned service territory established by
general law enacted by the Legislature and which is subject to payment of a privilege or license
tax or other tax or fee established by general law enacted by the Legislature to a city or
town which authorizes a levy not to exceed three percent of the gross receipts of the business
done by the electric supplier in the municipality during the preceding year, and which authorizes
a levy not to exceed one and one-half percent of the gross...
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11-50A-1
Section 11-50A-1 Definitions. As used in this chapter, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) AUTHORITY. Alabama Municipal
Electric Authority created pursuant to this chapter and any successor or successors thereto.
(2) BOARD. The board of directors of the authority. (3) BONDS. Any bonds issued by the authority
under the provisions of this chapter, including refunding bonds. (4) BOND ANTICIPATION NOTES.
Short term obligations issued by the authority in anticipation of the issuance of bonds. (5)
COSTS. All costs of acquisition, construction, reconstruction, improvement, equipment, alteration,
repair, or extension of any project; all costs of real and personal property required for
the purposes of any project, including any rights or undivided interest therein; all costs
of easements, franchises, water rights, fees, permits, approvals, licenses, and certificates,
and all costs of securing any permits, approvals, licenses,...
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28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment
and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this
chapter, a wholesaler with which the supplier has an agreement may maintain a civil action
against the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with
which the wholesaler has an agreement may maintain a civil action against the wholesaler to
recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A
supplier that violates any provision of this chapter shall be liable for all actual damages
and all court costs and, in the court's discretion, reasonable attorney fees incurred by a
wholesaler as a result of that violation. A wholesaler that violates any provision of this
chapter shall be liable for all actual damages and all court costs and, in the...
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37-14-14
Section 37-14-14 Judicial determination of legality, etc., of article - Finality of judgment.
If the circuit court shall enter a judgment validating and confirming the propriety of the
provisions of this article and purchases and sales, other transactions and restrictions under
this article and no appeal shall be taken within the time prescribed within the Alabama Rules
of Appellate Procedure; or, if an appeal is taken and the judgment validating the provisions
of this article and such purchases and sales, other transactions and restrictions shall be
affirmed by the supreme court; or, if the circuit court shall render a judgment refusing to
validate and confirm the provisions of this article and/or the purchase and sale, other transactions
or restrictions pursuant to this article, and on appeal such judgment shall be reversed by
the supreme court (in which case the supreme court shall issue its mandate to the circuit
court requiring it to enter a judgment validating the provisions of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-14.htm - 1K - Match Info - Similar pages
11-50A-17
Section 11-50A-17 Contracts for use of projects; purchase of electric power; payment of charges;
indemnity; enforcement of performance. (a) Any municipality, if authorized by resolution or
ordinance of its governing body, may contract with the authority for the payment of any rates,
tolls, fees, and other charges prescribed in this section and Section 11-50A-18 by the authority
for the output, capacity, use or service by the municipality of any projects or other resources
of the authority or any of its facilities or undertakings. The obligations to pay the amounts
contracted to be paid by the municipality to the authority under the contract or contracts
entered into pursuant to the provisions of this section shall be treated as expenses of operating
the electric distribution system of the municipality for the payment of which the revenues
of the municipality derived from the operation of its electric distribution system (together
with any other revenues that may be lawfully pledged...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50A-17.htm - 6K - Match Info - Similar pages
11-69-1
Section 11-69-1 Adoption and implementation of plan. (a) Any Class 7 or 8 municipality in this
state may adopt a rural scenic right-of-way plan for the development, improvement, and use
of right-of-way along municipal roads and streets and county roads within the corporate limits
and police jurisdiction of the municipality except right-of-way, highways, streets, or roads
that are under exclusive or concurrent jurisdiction of the Alabama Department of Transportation.
Pursuant to the plan, the municipality may designate right-of-way adjacent to a municipal
road or street or a county road to be developed, improved, and used for recreational or beautification
purposes. Any portion of a road designated shall continue for at least three miles in length
and may not at the time of designation have an average density of two or more commercial enterprises
that have an entrance or exit on the road per mile. The path of the right-of-way along a street
or road included in the plan may cross another...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-69-1.htm - 3K - Match Info - Similar pages
37-6-42
Section 37-6-42 Enumerated powers. (a) Any such electric cooperative shall have power: (1)
To supply telephone service in rural areas to its members, to governmental agencies and political
subdivisions, to other persons, and to business entities not in excess of 40 percent of the
number of its members; provided that wireless communications services, including, without
limitation, services classified as of January 1, 1997, as "commercial mobile radio services"
by the Federal Communications Commission, may be provided to any person, firm, corporation,
governmental agency, or political subdivision within any area for which the electric cooperative
is authorized to provide such wireless service under federal law or regulations, without the
business entity being a member of the cooperative, regardless of whether the business entity
is in excess of 40 percent of the number of its members, and, without limiting the foregoing,
should a cooperative acquire any facilities in rural areas...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-6-42.htm - 6K - Match Info - Similar pages
41-9-166
Section 41-9-166 Adoption, etc., of building codes by municipalities and counties. Any municipality
in the State of Alabama may adopt any model building code published by the Southern Building
Code Congress International and the National Electrical Code published by the National Fire
Protection Association as a municipal ordinance, enlarging the applicability thereof to include
private buildings and structures other than private schoolhouses, hotels, public and private
hospitals, and moving picture houses as it deems necessary and to prescribe penalties for
violations thereof in the same manner in which other ordinances and related penalty provisions
are adopted and prescribed. Any county commission similarly may adopt and enlarge the applicability
of any model building code published by the Southern Building Code Congress International
and the National Electrical Code published by the National Fire Protection Association for
the county, prescribing penalties for violations thereof, by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-166.htm - 2K - Match Info - Similar pages
9-16-128
Section 9-16-128 Landowners' actions; review by director; prior right of purchase; review by
court. (a) Any landowner adversely affected by the action of the director under Section 9-16-127
of this article may institute proceedings to have the action reviewed in the circuit court
in the county where the property or a part thereof affected by the action is located, provided
that such proceedings are filed in said court within 30 days following the date of such action.
The court may grant such relief as it deems necessary, including but not limited to injunctive
relief pending a hearing on the matter. (b) Any landowner who has received notice of acquisition
from the director under Section 9-16-127 of this article may, within 15 days following such
notice, make written application to the director for a review as to the actual need or advisability
for such acquisition. The director shall hear the landowner's grievance within 15 days following
the written application for a hearing and shall...
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37-16-7
Section 37-16-7 Civil action by owner of interest in real property subject to easement; damages;
condemnation; receipt of rights by grant or agreement; motice of installation; liability.
(a) If the owner of an interest in real property subject to an electric easement contends
that the owner's property has been taken, injured, or destroyed by the construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after the
later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed
within the electric easement on the owner's real property. Nothing in this chapter shall revive
any right or remedy which may have become barred by lapse...
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