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41-16A-5
Section 41-16A-5 Permissible contract provisions; general and limited obligation distinction
may be made; allowable pledge payment sources; classification of entity's contracting and
contracts. (a) Alternative financing contracts may be for such term, provide for such renewal
or extension options, provide for such terminating events, provide for the payment of such
rentals, purchase installments, purchase price, and other amounts, and contain such other
terms, provisions, and conditions as the governmental entity shall deem appropriate, and without
limitation to the generality of the foregoing, may contain terms and conditions substantially
similar to any one or more of the following: (1) Provisions for the automatic renewal of the
alternative financing contract for one or more successive periods unless affirmative action
is taken by the governmental entity to terminate such alternative financing contract, and,
if desired, specifying the nature of such affirmative action sufficient to...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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7-9A-109
Section 7-9A-109 Scope. (a) General scope of article. Except as otherwise provided in subsections
(c) and (d), this article applies to: (1) a transaction, regardless of its form, that creates
a security interest in personal property or fixtures by contract; (2) an agricultural lien;
(3) a sale of accounts, chattel paper, payment intangibles, or promissory notes; (4) a consignment;
(5) a security interest arising under Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5),
as provided in Section 7-9A-110; and (6) a security interest arising under Section 7-4-210
or 7-5-118. (b) Security interest in secured obligation. The application of this article to
a security interest in a secured obligation is not affected by the fact that the obligation
is itself secured by a transaction or interest to which this article does not apply. (c) Extent
to which article does not apply. This article does not apply to the extent that: (1) a statute,
regulation, or treaty of the United States preempts this...
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11-101A-8
Section 11-101A-8 Powers of authority. (a) In addition to all other powers granted elsewhere
in this chapter, and subject to the express provisions of its certificate of incorporation,
an authority 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 in perpetuity, specified in its certificate of
incorporation, or until dissolved as provided in Section 11-101A-24. (2) To sue and be sued
in its own name in civil suits and actions, and to defend suits and actions against it, subject,
however, to Chapter 93 of this title, which chapter is hereby made applicable to the authority.
(3) To adopt, alter, amend, and repeal bylaws, regulations, and rules for the regulation and
conduct of its affairs and business. (4) To adopt and make use of a corporate seal and to
alter the same at pleasure. (5) To acquire, whether by purchase,...
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11-89C-2
Section 11-89C-2 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings: (1) AGRICULTURAL LAND. Any real property classified or assessed
as agricultural or forest land for property tax purposes. (2) COMMERCIAL PROPERTY. Any real
property that is not residential property, as defined in this section, or has not specifically
been exempted from the fee provisions set out in Section 11-89C-9(d)(1). (3) GOVERNING BODY.
The governing body of a county or municipality in the state which is now or may hereafter
be specifically designated in 40 C.F.R. Part 122, including, but not limited to, any appendices
or revisions promulgated by EPA in conjunction with any expansion of the agency's municipal
separate storm sewer system program (e.g. Phase III, Phase IV, and/or equivalent expansions),
or by ADEM pursuant to the authority delegated to it under the Clean Water Act, 33 U.S.C.
ยง1251 et seq. (4) GREENFIELD. Any real property not previously...
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23-1-278
Section 23-1-278 Enforcement of division generally. (a) Any sign erected or maintained in an
adjacent area after February 10, 1972, and any outdoor advertising sign, display, or device
erected with the purpose of its message being read from the main-traveled way of any interstate
highway or primary highway outside of an urban area and beyond 660 feet of the right-of-way
after April 11, 1978, in violation of the provisions of this division or the rules and regulations
promulgated under the provisions of this division may be removed by the director upon 30 days'
prior notice by certified or registered mail to the owner thereof and to the owner of the
land on which said sign is located or through court proceedings at the option of the director.
No notice shall be required to be given to the owner of the sign or to a property owner whose
name is not stated on the sign or on the structure on which it is displayed or whose address
is not stated thereon and is not on file with the director....
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11-97-10
Section 11-97-10 Security for payment of bonds; contracts and agreements to secure. (a) Bonds
issued by any corporation may, as its board may deem advisable, be either general obligations
of such corporation or limited obligations payable only out of certain specified revenues
or assets of such corporation; provided, that any corporation may enter into contracts with
the holders of any of its bonds preventing such corporation from thereafter issuing general
obligation bonds or limiting the amount of such bonds that may thereafter be issued. To the
extent permitted by any contracts with the holders of outstanding bonds and any other contractual
obligations or requirements, any corporation may pledge any of its revenues or mortgage or
assign any of its assets, whether real or personal and whether tangible or intangible, to
secure the payment of any of its bonds. (b) As security for payment of the principal of and
the interest and premium, if any, on any bonds issued or assumed by it, any...
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5-18A-10
Section 5-18A-10 Rules and regulations; judicial review. (a) The supervisor may promulgate
reasonable rules and regulations for the implementation, administration, execution, and enforcement
of this chapter. (b) Prior to adoption, amendment, or repeal of any regulation, the supervisor
shall give at least 35 days' notice of its intended action by filing notice of intended action
with the Legislative Reference Service for publication in the Alabama Administrative Monthly.
The date of publication in the Alabama Administrative Monthly shall constitute the date of
notice. The notice shall include a statement of either the terms or substance of the intended
action or a description of the subject and issues involved, shall specify a notice period
ending not less than 35 days nor more than 90 days from the date of the notice, during which
period interested persons may present their views thereon, and shall specify the place where,
and the manner in which interested persons may present their...
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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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13A-9-12
Section 13A-9-12 Offering false instrument for recording; nullifaction or expungement from
record. (a) A person commits the crime of offering a false instrument for recording if, knowing
that a written instrument relating to or affecting real or personal property, or an interest
therein, or directly affecting contractual relationships contains a material false statement
or material false information, and with intent to defraud, he presents or offers it to a public
office or a public employee, with the knowledge that it will be registered, filed or recorded
or become a part of the records of that public office or public employee. (b) Offering a false
instrument for recording is a Class A misdemeanor. (c) A person commits the crime of offering
a false instrument for recording against a public servant if the person offers, for recording,
a written instrument which relates to or affects the real or personal property, or an interest
therein, or a contractual relationship of a public...
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