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45-37A-461
Section 45-37A-461 Electric supplier service territories. (a) The Legislature of the State
of Alabama has investigated the economic, financial, and environmental impact associated with
the potential for duplication of electric distribution facilities used for the furnishing
of retail electric service in and around the City of Tarrant City, Alabama. Among its findings
is that with respect to retail electric service industry, the benefits normally associated
with competition between two suppliers for customers is outweighed by the tremendous cost
burden which must be borne by such customers associated with the maintenance of two or more
duplicate sets of facilities. It is the further finding of the Legislature that the existence
of duplicate facilities for the furnishing of electricity at retail in Tarrant City is not
in the public interest because of the adverse impact which such duplication has on environmental
and aesthetic values and on safety. It is therefore declared that the...
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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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22-21-265
Section 22-21-265 Certificates of need - Required for new institutional health service. (a)
On or after July 30, 1979, no person to which this article applies shall acquire, construct,
or operate a new institutional health service, as defined in this article, or furnish or offer,
or purport to furnish a new institutional health service, as defined in this article, or make
an arrangement or commitment for financing the offering of a new institutional health service,
unless the person shall first obtain from the SHPDA a certificate of need therefor. Notwithstanding
any provisions of this article to the contrary, those facilities and distinct units operated
by the Department of Mental Health, and those facilities and distinct units operating under
contract or subcontract with the Department of Mental Health where the contract constitutes
the primary source of income to the facility, shall not be required to obtain a certificate
of need under this article. (b) Notwithstanding all other...
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37-14-8
Section 37-14-8 Exemptions. The separate agreements listed below which have heretofore been
entered into between, or negotiated between retail electric suppliers, have been reviewed
by the legislature, determined to be in the public interest and found not to be inconsistent
with the purposes and policies set forth in this article. In areas to which these agreements
are applicable, the procedures for elimination and prevention of duplication of electric distribution
facilities set forth in these agreements shall govern. The following agreements are therefore
mandated by the State of Alabama to be applicable: (1) Agreement between Cherokee Electric
Cooperative (successor to Cherokee County Electric Membership Corporation) and Alabama Power
Company dated June 5, 1940. (2) Agreement among the City of Bessemer, Alabama, Alabama Power
Company and the Tennessee Valley Authority dated August 12, 1971. (3) Agreement between the
City of Tarrant City, Alabama and Alabama Power Company dated June...
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34-27-64
Section 34-27-64 Registration fees; assessment of costs of investigating violation of article.
(a) For the registration of all vacation time-sharing plans and the accommodations and facilities
affected thereby which are located within the state, there shall be paid to the commission
the initial sum of seven hundred fifty dollars ($750), together with an annual renewal fee
of seven hundred fifty dollars ($750). In addition to submitting an annual renewal fee, each
time-sharing plan must submit an audited annual financial statement of the entity or person
in whose name the plan is registered done by a certified public accountant and such other
materials as the commission shall require for an annual registration renewal. For amendments
or changes to each sales promotion including brochures, pamphlets, advertisements, or other
materials disseminated to the public required pursuant to subdivision (2) of Section 34-27-51,
there shall be paid a fee of twenty dollars ($20) at the time of...
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9-17-15
Section 9-17-15 Judicial review of rules, regulations or orders. Any interested person aggrieved
by any rule, regulation or order made or promulgated by the board under this article and who
may be dissatisfied therewith shall, within 30 days from the date said order, rule or regulation
was promulgated, have the right, regardless of the amount involved, to institute a civil action
by filing a complaint in the circuit court of the county in which all or part of the aggrieved
person's property affected by any such rule, regulation or order is situated to test the validity
of said rule, regulation or order promulgated by the board. Such civil action shall be advanced
for trial and be determined as expeditiously as feasible, and no postponement or continuance
thereof shall be granted except for reasons deemed imperative by the court. In such trials
the validity of any rule, regulation or order made or promulgated under this article shall
be deemed prima facie valid, and the court shall be...
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11-49-1
Section 11-49-1 Consent to use public streets, etc., for construction or operation of public
utility or private enterprise; fees. (a) No person, firm, association, or corporation shall
be authorized to use the streets, avenues, alleys, and other public places of cities or towns
for the construction or operation of any public utility or private enterprise without first
obtaining the consent of the proper authorities of the city or town. (b) No electric supplier,
as defined in Section 37-14-31(1), which has an assigned service territory established by
general law enacted by the Legislature and which is subject to payment of a privilege or license
tax or other tax or fee established by general law enacted by the Legislature to a city or
town which authorizes a levy not to exceed three percent of the gross receipts of the business
done by the electric supplier in the municipality during the preceding year, and which authorizes
a levy not to exceed one and one-half percent of the gross...
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37-12-4
Section 37-12-4 Implementation of chapter by Alabama Public Service Commission. The Alabama
Public Service Commission ("the commission") is hereby authorized and directed to
take all necessary steps to implement the provisions of this chapter as it affects utilities
already subject to the jurisdiction of the commission and to promulgate rules and regulations
consistent with the provisions hereof. Any such rule or regulation promulgated under the chapter
shall be adopted pursuant to a determination by the commission, supported by substantial evidence,
that such rule or regulation is in the public interest and shall be just and reasonable to
the electric consumers of any electric utility affected. Any cogenerator or electric utility
may petition the commission for appropriate relief under this chapter, and the commission
will act on any such petition within 180 days. Any cogenerator or electric utility may petition
the commission for approval of a contract between them, which approval...
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37-15-10.2
Section 37-15-10.2 Violations; complaints; dispute and hearing; judicial review. (a) Any person
who violates this chapter may be reported to the authority for the alleged violation. (b)
The board shall develop and implement a process for the receipt of a complaint of a violation
of this chapter. The complaint must be made no later than 30 days after the known occurrence
of the violation. A complaint may be filed as information only and designated not to be pursued
under the enforcement provisions. (c) Upon receipt of a complaint of a violation of this chapter,
the administrator, operating on behalf of the authority, shall provide notice to the reported
violator advising that a complaint of violation has been made setting out the time and place
of the alleged violation, the identity of who reported the violation, his or her right to
file a written response within 14 days, and his or her right to appeal from an adverse decision.
(d) The administrator, acting on behalf of the authority,...
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41-10-273
Section 41-10-273 Security for bonds; collection and application of revenues pledged to payment
of bonds; terms of leases of judicial facilities; maintenance and insurance of judicial facilities;
reserve and other funds; rights of holders of bonds upon default. Any resolution of the board
of directors authorizing the issuance of bonds may contain any provision or agreement customarily
contained in instruments securing evidences of indebtedness, including, without limiting the
generality of the foregoing, a pledge, transfer or assignment of any leases of any judicial
facilities out of the revenues from which such bonds are payable and a pledge of such revenues.
Any such resolution may also contain provisions respecting the collection and application
of any revenues pledged to the payment of the authority's bonds, the terms to be incorporated
in lease agreements respecting judicial facilities out of the revenues from which such bonds
are payable, the maintenance of and insurance on such...
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