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11-92C-8
in Chapter 93 of this title for the purpose of limiting the damages for which the authority
may be liable. (3) To adopt and make use of a corporate seal and to alter the seal at its
pleasure. (4) To adopt and alter bylaws for the regulation and conduct of its affairs and
business. (5) To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise,
and to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more
projects, including all real and personal properties which the board of the authority
may deem necessary in connection therewith, regardless of whether or not the projects shall
then be in existence. (6) To lease to others any or all of its projects and to share and collect
rent thereof, and to terminate any lease upon the failure of the lessee to comply with any
of the obligations thereof. (7) To sell, exchange, donate, or convey and to grant options
to any lessee to acquire any of its projects and any or all of its properties if...
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16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
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4-3-47
perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, excepting actions in tort against the authority; (3) To adopt and make
use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for
the regulation and conduct of its affairs and business; (5) To acquire, receive, take and
hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. §1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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9-9-22
Section 9-9-22 Right of commissioners, etc., to enter lands to make surveys, etc.; liability
for damages; obstruction of entrance. The board of water management commissioners of any district
organized under this article or its employees or agents or cooperating state and federal agencies,
including contractors and their employees, and the engineer and members of the board of viewers
and their assistants may enter upon the lands within or without the district in order to make
surveys and examinations to accomplish the necessary preliminary purposes of the district
or to have access to the work, being liable, however, for actual damage done. Any person or
corporation preventing such entrance shall be guilty of a misdemeanor. (Acts 1965, No. 685,
p. 1246, §15.)...
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9-10A-7
Section 9-10A-7 Joint board of supervisors to hear petition when authority lies in multiple
conservation districts. If the proposed watershed management authority lies in more than one
soil and water conservation district, the petition shall be presented to the board of supervisors
of all such soil and water conservation districts, and the supervisors of all such districts
shall act as a joint board of supervisors in the formation of the watershed management authority.
Pursuant to the provisions of this chapter, whenever it is necessary for a joint board of
supervisors to convene, said meeting may be called by a majority of the members of the several
boards of supervisors comprising the joint board of supervisors. A majority of the joint board
of supervisors shall constitute a quorum. All actions taken by the joint board of supervisors
shall require a majority vote of all members comprising the joint board of supervisors who
are voting on said action. (Acts 1991, No. 91-602, p. 1119,...
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9-9-17
Section 9-9-17 Board of water management commissioners - Appointment, etc., of fiscal agent.
For the purpose of carrying out the provisions of this article, to assist in the keeping of
the tax books, the collection of taxes, the remitting of funds to pay maturing bonds and coupons
and to be of such other service in the general management of the affairs of the district as
may be determined, the board of water management commissioners shall have authority to appoint
a fiscal agent and to define the duties and fix the compensation of said fiscal agent. (Acts
1965, No. 685, p. 1246, §55.)...
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9-9-6
Section 9-9-6 Establishment of district - Maintenance of record of proceedings in probate court;
district record book. The court of probate shall keep a complete record of all its proceedings
under this article in a book to be used for the purpose only. The book shall be designated
as the "Water Management District Record of _____ County, Alabama" and shall also
have recorded therein all bond orders, papers, proofs of publications and auditors' and water
management commissioner's (hereinafter referred to as water management commissioners) reports,
bonds and plats filed in any district proceedings in the probate court of that county, except
the district tax record and the district tax books. (Acts 1965, No. 685, p. 1246, §4.)...
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9-9-5
Section 9-9-5 Establishment of district - Jurisdiction generally; purposes. (a) The court of
probate of any county of the State of Alabama shall have jurisdiction, power and authority
to establish water management districts, as provided in this article for the following purposes:
(1) To locate and establish levees, drains or canals and to cause to be constructed, straightened,
widened or deepened any ditch, drain or watercourse; (2) To construct for the purposes of
flood prevention or the conservation, development, utilization or disposal of water works
of improvement, including levees, embankments, floodwater retarding structures, water storage
structures, outlets and tide gates, flood gates and pumping plants for preventing floods,
providing drainage, reducing sediment and reclaiming wet, swamp or overflowed lands and other
related works of improvement that will carry out the purposes of this article; and (3) To
provide maintenance for such installations. (b) It is hereby declared...
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9-9-25
Section 9-9-25 Correction of errors in or amendments to water management plan. The board of
water management commissioners may correct errors in or amend the plan of water management
at any time upon the recommendation or concurrence of competent technicians when it appears
that the purpose for which the district is organized may thereby be more effectively and economically
accomplished; provided, that after assessments of benefits have been confirmed by the court,
no such amendment to plans shall be effective until approved by the court having jurisdiction
of the district after a hearing, for which notice shall be given as in the case of the assessments
of benefits, at which hearing all parties whose property has been assessed for benefits or
may be damaged or taken by reason of such amendment shall have opportunity to be heard. When
any amendment to the plan is approved by the court, the benefits and damages resulting from
such amendment shall be determined at the same hearing. (Acts...
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