11-20-70
Section 11-20-70 Establishment of agriculture authority; application; articles of incorporation.
(a) An agriculture authority may be established in any county to construct and operate facilities
to promote agricultural businesses, operations, and commodities, workforce development, and
economic development within the county as further provided in this article. The operational
area of an agriculture authority may not extend beyond the boundaries of the county in which
an agriculture authority is incorporated. (b) Any number of natural persons who are residents
and qualified electors in the county may file an application in writing with the county commission
for authority to incorporate and organize an agriculture authority. If the application is
approved, the county commission shall adopt a resolution declaring it to be wise, expedient,
and beneficial to the county that the agriculture authority be formed and that the persons
filing the application are authorized to form the authority....
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11-92C-4
Section 11-92C-4 Procedure to incorporate; contents and execution of certificate of incorporation.
(a) Within 40 days following the adoption of the authorizing resolution, the applicants shall
proceed to incorporate the authority by filing for record in the office of the judge of probate
of the county in which the proposed local redevelopment area is located a certificate of incorporation
which shall comply in form and substance with the requirements of this section and which shall
be in the form and executed in the manner provided in this section. (b) The certificate of
incorporation of an authority shall state all of the following: (1) The names of the persons
forming the authority, and that each of them is a duly qualified elector residing in the authorizing
subdivision. (2) The name of the authority, which shall include the local redevelopment authority.
(3) A general description of the proposed project. (4) The period for the duration of the
authority; subject to Section...
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45-29-140.16
Section 45-29-140.16 Notice requirements, etc.; regulatory control and supervision. (a) 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. (b) The authority, every
water system or fire protection facility owned by the authority or leased or subleased to
a 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 Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-188, p. 169,...
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45-38-141.16
Section 45-38-141.16 Notice requirements, etc.; regulatory control and supervision. (a) Except
as expressly otherwise provided in this part, 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. (b) The authority, every water system
or fire protection facility owned by the authority or leased or subleased to a 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 Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-472, p....
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11-86A-11
Section 11-86A-11 Amendment of articles. (a) The articles of an authority may be amended in
the manner provided in this section. The board of directors shall adopt a resolution proposing
an amendment to the articles. The amendment shall be fully set forth in the resolution and
may include any matters that might have been included in the original articles. (b) After
the adoption by the board of directors of a resolution proposing an amendment to the articles,
the chair and the secretary of the authority shall sign and file with the governing body of
the county of incorporation and of each participating municipality a written application in
the name and on behalf of the authority, under its seal, requesting the county and each participating
municipality to adopt a resolution approving the proposed amendment, and accompanied by a
copy of the resolution adopted by the board of directors proposing the amendment to the articles.
The county and each participating municipality shall therein...
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39-7-13
Section 39-7-13 Purpose and powers of authority generally; sale, transfer and conveyance of
entire water system to public corporation authorized to conduct business of water distribution
system. (a) An authority shall be incorporated for the purpose of conducting and developing
the enterprise in which it may engage in such manner that the services afforded by such enterprise
shall be available for public uses and to all inhabitants of the municipality and the surrounding
area for domestic and industrial uses at the lowest cost consistent with sound economy and
prudent management. Every authority incorporated under this chapter is hereby vested with
all powers necessary and requisite for the accomplishment of such purpose for which such authority
is incorporated capable of being delegated by the Legislature of the State of Alabama. The
authority shall have the power to acquire, construct, reconstruct, extend, improve and maintain
and operate any plant, works, system, facilities or...
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11-101A-6
Section 11-101A-6 Board of directors. (a) Each corporation shall be governed by 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 by the board or pursuant to this authorization.
Subject to the provisions of subdivision (8) of subsection (b) of Section 11-101A-4, the board
shall consist of directors having those qualifications, being elected or appointed by that
person or persons, including, without limitation, the board itself, one or more authorizing
subdivisions, or other counties and municipalities, and other entities or organizations and
in the manner, and serving for the terms of office, all as shall be specified in the certificate
of incorporation of the authority. Notwithstanding the foregoing, no fewer than a majority
of the directors shall be elected by the governing body or bodies of...
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11-92A-6
Section 11-92A-6 Reincorporation. (a) In all cases where there has heretofore been an attempt
to create or incorporate an industrial development authority or industrial development board,
but the attempted creation or incorporation is or may be invalid because of some irregularity
in the procedure followed or some invalidity of or defects in the statute under which the
attempted creation or incorporation of the authority or board was made, any number of natural
persons, not less than three, residing in the county in which the board or authority was incorporated
or purported to be incorporated may file a written application with the probate judge of the
county in which the industrial development authority or industrial development board has been
incorporated or attempted to be created or incorporated, which application shall: (1) Contain
a statement that the incorporators propose to reincorporate an authority pursuant to the provisions
of this chapter; (2) State the authorized...
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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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22-21-172
Section 22-21-172 Incorporation - Authority. Any county and any one or more municipalities
located, in whole or in part, in such county are hereby together empowered and authorized
to cause to be organized and incorporated one or more public corporations for hospital purposes
with all the power and authority provided in Section 22-21-179. Such power and authority shall
be exercised by the governing body of the county and by the governing body or bodies of the
municipality or municipalities proposing to exercise such power and authority. The determination
of such governing body to exercise the power and authority granted in this section shall be
evidenced by a resolution which: (1) Shall declare the desirability of organizing and incorporating
a public corporation for hospital purposes under this article; (2) Shall approve the form
of the certificate of incorporation proposed to be used in organizing the corporation; (3)
Shall find and determine that it is wise, expedient, necessary or...
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