Code of Alabama

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39-7-13
to do all acts necessary, proper or convenient in the exercise of the powers granted under
this chapter. (b) In addition to all other powers, the authority shall have and may exercise
the power to sell, transfer and convey to any public corporation having authority to carry
on the business of a water distribution system, including those organized under Division 1,
Article 6, Chapter 50, Subtitle 2 of Title 11, its entire water system, including all of its
property and assets, real, personal and mixed, for such consideration and upon such
terms and conditions as may be agreed upon by and between the authority and such purchaser;
provided, that the consideration therefor shall include and require, among others, the assumption
by such purchaser of the outstanding and unpaid bonded indebtedness, if any, of the authority
and shall include an agreement by such purchaser to supply water to the authority's then existing
water customers under the purchaser's rules and regulations...
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37-4-30
Section 37-4-30 Obtaining electric service under a private contract; definitions. (a) No existing
electric customer shall obtain electric service under a private contract for electric service
without first giving written notice to the utility currently providing it retail electric
service at least 45 days prior to the date on which the private contract for electric service
is to become effective. In the event any utility currently providing service to the existing
electric customer determines that it or its other electric customers will be adversely affected
by the loss of the existing electric customer due to the private contract for electric service,
it may, within 45 days of the date of the existing electric customer's written notice of a
private contract for electric service, file a petition for review of the private contract
for electric service as set forth below and service under such contract shall not be initiated
until 45 days after such review has been completed and an order...
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37-16-3
Section 37-16-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADVANCED COMMUNICATIONS CAPABILITIES. The communications capabilities defined
from time to time as advanced telecommunications capabilities by the Federal Communications
Commission (FCC) through regulations, statutes, or other written guidance or orders. The term
also includes broadband systems and broadband services. (2) BROADBAND AFFILIATE. A person
that is at least 10 percent owned by an electric provider, controlled by way of ownership
interests therein, directly or indirectly, by the electric provider, or under common control
with the electric provider, and which is formed to provide, among other services, utility
support services or nonutility support services. (3) BROADBAND OPERATOR. A person that owns
or operates a broadband system within an electric easement, including the electric provider
if the electric provider is operating the broadband system and including a...
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32-1-1.1
any motor vehicle, trailer, or semitrailer, singly or in combination, new or used, constitutes
the commodity being transported, when one set or more of wheels of any such vehicle are on
the roadway during the course of transportation, whether or not any such vehicle furnishes
the motive power. (14) DRIVER. Every person who drives or is in actual physical control of
a vehicle. (15) DRIVER'S LICENSE. Any license to operate a motor vehicle issued under the
laws of this state. (16) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self-balancing,
two non-tandem wheeled device designed to transport only one person with an electric propulsion
system with an average power of 750 watts (1 h.p.), that has a maximum speed on a paved level
surface, when powered solely by such a propulsion system while ridden by an operator who weighs
not more than 170 pounds, of less than 20 m.p.h. The term shall not include a motorized bicycle,
motorized scooter, or motorized skateboard. (17) ESSENTIAL PARTS....
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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39-7-22
generally; consent of Department of Finance required for issuance or sale of bonds or other
evidence of indebtedness by authority. (a) Subject only to the Constitution of the State of
Alabama, each authority incorporated under this chapter shall have power: (1) To sue and be
sued; (2) To have a seal and alter the same at pleasure; (3) To acquire, by purchase, gift,
devise, lease or exercise of the power of eminent domain or other mode of acquisition, hold
and dispose of property real and personal, tangible and intangible, and interests therein
in its own name, subject to mortgages or other liens or otherwise, and to pay therefor in
cash or on credit and to secure and procure payment of all or any part of the purchase price
thereof on such terms and conditions as it shall determine; (4) To make and enter into contracts,
indentures of trust, leases and bonds; (5) To borrow money and to issue negotiable bonds and
provide for the rights of the holders thereof; (6) To refund any bonds...
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11-50A-17
or otherwise, unless and only to the extent the municipality has, prior to entering into the
contract with the authority, incurred a binding obligation to make such payments. (c) The
contract provided for by this section may obligate the municipality to indemnify and save
harmless the authority, the members of its board, its officers or its employees from any and
all damage to persons and property occurring on or by reason of the project and to undertake,
at the expense of the municipality, the defense of any action brought against the authority
by reason of injury or damages to persons or property occurring on or by reason of
the project. (d) In the event of any failure or refusal on the part of a municipality to perform
punctually any covenant or obligation contained in the contract provided for by this section,
the authority may have the municipality's performance enforced by any legal or equitable process,
including specific performance. (Acts 1981, No. 81-681, p. 1114, ยง17.)...
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11-50A-8
and of the parties thereto; (2) To adopt and alter a corporate seal; (3) To make and alter
at pleasure all needful bylaws, rules, and regulations for the transaction of its business
and the control of its property and affairs; (4) To have the same right of eminent domain
through condemnation conferred by Section 10-5-1, or any subsequent statute of similar import;
provided that nothing herein shall be construed to grant to the authority the power to acquire
by condemnation any real or personal property or right-of-way of any utility as the
term "utility" is defined in Section 37-4-1(7)a.; (5) To acquire in its own name
by purchase on such terms and conditions and in such manner as it may deem proper, or by exercise
of the power of eminent domain, or by gift, grant, lease, or otherwise, real property or rights
and easements therein and franchises and personal property necessary or convenient
for its corporate purposes; and to insure its property against any and all risks with...
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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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