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33-15-6
Section 33-15-6 Powers, duties and functions generally. The general powers, duties and functions
of the authority shall be as follows: (1) GENERAL. The authority: a. Shall have perpetual
succession in its corporate name; b. May bring civil actions and have civil actions brought
against it in its corporate name; c. May adopt, use, and alter a corporate seal, which shall
be judicially noticed; d. May enter into such contracts and cooperative agreements with federal,
state and local governments, with agencies of such governments and with private individuals,
corporations, associations and other organizations, including the Bear Creek Watershed Association,
Inc., whether organized under the laws of Alabama or of another state, as the board may deem
necessary or convenient to enable it to carry out the purposes of this article, which authorization
shall include without limitation contracts and cooperative arrangements with any of the several
states and with counties and municipalities in...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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11-49B-7
Section 11-49B-7 Powers of authority. The authority shall exercise, subject to this chapter,
the following powers and duties necessary to the discharge of its powers and duties in corporate
form: (1) To have succession by its corporate name for the duration of time, which may be
perpetual, subject to the provisions of Section 11-49B-19 specified in its certificate of
incorporation. (2) To sue and be sued in its own name in civil suits and actions and to defend
suits against it. (3) To adopt and make use of a corporate seal and to alter the seal at pleasure.
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.
(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether located in one or more
counties or municipalities and whether located within or outside the authorizing county. (6)
To make, enter into, and execute contracts, agreements, leases, and...
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45-8-71.01
Section 45-8-71.01 Development or disposal of Fort McClellan property. (a) Calhoun County,
Alabama, may take title as a result of conveyance from the federal government to any property
within the current boundaries of Fort McClellan in Calhoun County, Alabama, for purposes of
developing or redeveloping and disposal of the property according to plans and policies established
by the Fort McClellan Development Commission provided for in Act 97-274 of the 1997 Regular
Session and hereinafter referred to as the FMDC. The county commission shall administer all
funds and fiscal operations associated with the development and redevelopment and disposal
of the property and shall be reimbursed from the funds for actual expenses associated with
administering the fiscal operations, and shall receive all amounts allowed, pursuant to any
grant received, for administration. (b)(1) As a condition precedent to accepting a conveyance
of title to the Fort McClellan property, the Calhoun County Commission...
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40-20-8
Section 40-20-8 Allocation and distribution of net taxes collected; property which consists
of submerged lands and onshore lands; onshore lands defined; applicability of section; final
determination establishing allocation base. (a) Ninety percent of the net amount of all taxes
herein levied and collected by the department on oil or gas produced from submerged lands
as herein defined shall be deposited to the State General Fund. The remaining 10 percent of
such net amount shall be allocated and distributed by the Comptroller to the county in which
the oil or gas was produced for county purposes or to be expended at the discretion of the
county governing body. (b) Twenty-five percent of the net amount of all taxes herein levied
and collected by the department, except as provided herein in subsection (a), shall be deposited
by the department to the General Fund of the state. (c) Sixty-six and two-thirds percent of
the remaining 75 percent of all taxes herein levied and collected by the...
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45-30-140.02
Section 45-30-140.02 Establishment of volunteer fire districts. The Franklin County Commission
may establish one or more volunteer fire districts within the geographic boundaries of the
county. No land lying within the boundaries of a municipality at the time a district is formed
shall be included in a district unless the municipality adopts a resolution to be included
in a district. Nothing in this article shall be construed to limit or impede the rights or
ability of a municipality to provide fire protection within its corporate limits or its police
jurisdiction. (Act 2015-513, 1st Sp. Sess., §3.)...
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45-48-142.21
Section 45-48-142.21 Establishment of volunteer fire districts. The Marshall County Commission
may establish one or more volunteer fire districts within the geographic boundaries of the
county. No land lying within the boundaries of a municipality at the time a district is formed
shall be included in a district unless the municipality adopts a resolution to be included
in a district. Nothing in this subpart shall be construed to limit or impede the rights or
ability of a municipality to provide fire protection within its corporate limits or its police
jurisdiction. (Act 2013-403, p. 1543, § 3.)...
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11-52-33.1
Section 11-52-33.1 Applicability and regulatory authority. (a) Sections 11-52-1, 11-52-30,
11-52-31, 11-52-32, and 11-52-33 shall not affect any application for development or any subdivision
filed prior to October 1, 2012. (b) Additionally, in the event the municipal planning commission
lawfully assumes the authority to exercise control over the development of subdivisions in
an area where the county commission has previously exercised regulation of subdivision development,
the municipal planning commission's regulatory authority shall not apply to a subdivision
development which is already being regulated and enforced by the county commission pursuant
to an application for plat approval submitted to the county commission by the developer prior
to the date on which the municipal planning commission lawfully assumed responsibility for
the development of subdivisions pursuant to this chapter. (c) Nothing contained in Sections
11-52-1, 11-52-30, 11-52-31, 11-52-32, and 11-52-33 requires...
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41-22-3
Section 41-22-3 Definitions. The following words and phrases when used in this chapter shall
have the meanings respectively ascribed to them in this section, except when the context otherwise
requires: (1) AGENCY. Every board, bureau, commission, department, officer, or other administrative
office or unit of the state, including the Alabama Department of Environmental Management,
other than the Legislature and its agencies, the Alabama State Port Authority, the courts,
the Alabama Public Service Commission, or the State Banking Department, whose administrative
procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include boards of
trustees of postsecondary institutions, boards of plans administered by public pension systems,
counties, municipalities, or any agencies of local governmental units, unless they are expressly
made subject to this chapter by general or special law. (2) COMMITTEE. The Joint Committee
on Administrative Rule Review, comprised of the members of...
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45-37-210
Section 45-37-210 Metropolitan Rapid Rail Study Commission. (a) There is created a rapid rail
authority in Jefferson County to be called the Metropolitan Rapid Rail Study Commission, hereinafter
referred to as the commission. The commission shall be a body corporate and politic, shall
be governed and managed as provided for in this section, and shall have the powers and duties
provided for by this section, and other applicable provisions of law. (b) The commission shall
be composed of five members as follows: (1) One member appointed by the Jefferson County State
Senate Delegation. (2) One member appointed by the Jefferson County State House Delegation.
(3) One member appointed by the Board of Directors of the Birmingham-Jefferson County Transit
Authority. (4) One member appointed by the Mayor of the City of Birmingham. (5) One member
appointed by the Jefferson County commissioner in charge of roads and transportation. (c)(1)
The members shall be appointed to four-year terms and may be...
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