33-15-3
Section 33-15-3 Procedure for incorporation. To become a corporation, the persons who are designated
to become members of the initial board of directors of the authority, as provided in Section
33-15-4, shall present to the Judge of Probate of Franklin County a certificate of incorporation
signed by them which shall contain: (1) The name and official residence of each of the said
persons; (2) The term of office of each of the said persons as such directors; (3) The name
of the proposed corporation which shall be Bear Creek Development Authority; (4) The location
of the principal office of the proposed corporation which shall be in one of said named counties;
and (5) Any other matter relating to the incorporation that the said persons may choose to
insert and which is not inconsistent with this article or the laws of the State of Alabama.
The certificate of incorporation shall be accompanied by: (1) A certificate by the clerk of
each of the municipalities of Red Bay, Vina, Hodges,...
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45-25-250.15
Section 45-25-250.15 Proceedings, notice, and approval of authority actions. Except as expressly
otherwise provided in this article, no proceeding, notice, or approval shall be required for
the incorporation of the authority or the amendment of its certificate of incorporation, the
acquisition of any property, water, sewer, and garbage system, or the issuance of any mortgage
and deed of trust or trust indenture. (Act 89-426, p. 893, §16.)...
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45-30-250.16
Section 45-30-250.16 Proceedings, notice, and approval of authority actions. Except as otherwise
expressly provided in this article, no proceeding, notice, or approval shall be required for
the incorporation of the authority or the amendment of its certificate of incorporation, the
acquisition of any property or water system, or the issuance of any mortgage, deed of trust,
or trust indenture. (Act 93-376, p. 638, §17.)...
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45-47-250.16
Section 45-47-250.16 Proceedings, notice, and approval of authority actions. Except as expressly
otherwise provided in this article, no proceeding, notice, or approval shall be required for
the incorporation of the authority or the amendment of its certificate of incorporation, the
acquisition of any property, water system, or fire protection facility, or the issuance of
any mortgage and deed of trust or trust indenture. (Act 89-465, p. 950, § 17.)...
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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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11-94-6
Section 11-94-6 Certificate of incorporation - Amendment procedure; recordation of amendment
as conclusive evidence. The certificate of incorporation may at any time and from time to
time be amended so as to make any changes therein and add any provisions thereto which might
have been included in the certificate of incorporation in the first instance. Such an amendment
shall be effected in the following manner: The board of the authority shall file with the
governing body of each authorizing subdivision a resolution seeking permission to amend the
certificate of incorporation, specifying in such resolution the amendment proposed to be made.
The governing body of each authorizing subdivision shall consider such resolution and, if
each of them shall by appropriate resolution duly find and determine that it is wise, expedient,
necessary, or advisable that the proposed amendment be made and shall authorize the same to
be made and shall approve the form of the proposed amendment, then the...
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22-21-316
Section 22-21-316 Board of directors; qualifications; election or appointment; terms; vacancies;
reimbursement for expenses; quorum; regular, special and called meetings; waiver of notice;
record of proceedings; use as evidence; removal from office. (a) Each authority shall have
a board of directors composed of the number of directors provided in the certificate of incorporation,
as most recently amended. Unless provided to the contrary in its certificate of incorporation,
all powers of the authority shall be exercised, and the authority shall be governed, by the
board or pursuant to its authorization. Subject to the provisions of subdivision (9) of subsection
(b) of Section 22-21-314, the board shall consist of directors having such qualifications,
being elected or appointed by such person or persons (including, without limitation, the board
itself, the governing body or bodies of one or more authorizing subdivisions or other counties
and municipalities, and other entities or...
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11-32-16
Section 11-32-16 Exemption from other state supervision and control. This chapter is intended
to aid the state in the execution of its duties by providing appropriate and independent instrumentalities
of the state with full and adequate powers to fulfill their functions. Except as in this chapter
expressly otherwise provided, 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 or transit system, or the issuance of any bonds, mortgage and deed of trust,
or trust indenture. The authority, every transit system of the authority, any public transportation
service provided by the authority, and the rates and charges of the authority shall be exempt
from all jurisdiction of, and all regulation and supervision by, the Public Service Commission.
Neither a public hearing nor the consent of the state Department of Finance shall be prerequisite
to the issuance of bonds by...
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11-49A-16
Section 11-49A-16 Exemption from additional proceedings, regulation, etc. This chapter is intended
to aid the state in the execution of its duties by providing appropriate and independent instrumentalities
of the state with full and adequate powers to fulfill their functions. Except as in this chapter
expressly otherwise provided, 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 or transit system, or the issuance of any bonds, mortgage and deed of trust,
or trust indenture. The authority, every transit system of the authority, any public transportation
service provided by the authority, and the rates and charges thereof shall be exempt from
all jurisdiction of, and all regulation and supervision by, the Public Service Commission.
Neither a public hearing nor the consent of the state Department of Finance shall be prerequisite
to the issuance of bonds by the...
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11-50-393
Section 11-50-393 Board of directors - Composition; compensation; removal actions. Each district
incorporated under this article shall have a board of directors of not less than three members,
and the members shall elect a chairman of the board. Unless otherwise provided in the certificate
of incorporation, the board of directors shall consist of at least one member for each municipality
which is a member of the district. Unless otherwise provided in the certificate of incorporation,
the member of the board of directors representing each member municipality shall be elected
by the governing body of each municipality and shall serve for a term of office concurrent
with the term of office of the mayor of the municipality. A representative of each municipality
may, but need not be, the mayor thereof. The members of the board of directors shall serve
without compensation, except that they shall be reimbursed for actual expenses incurred in
the performance of their duties under this...
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