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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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11-50A-17
Section 11-50A-17 Contracts for use of projects; purchase of electric power; payment of charges;
indemnity; enforcement of performance. (a) Any municipality, if authorized by resolution or
ordinance of its governing body, may contract with the authority for the payment of any rates,
tolls, fees, and other charges prescribed in this section and Section 11-50A-18 by the authority
for the output, capacity, use or service by the municipality of any projects or other resources
of the authority or any of its facilities or undertakings. The obligations to pay the amounts
contracted to be paid by the municipality to the authority under the contract or contracts
entered into pursuant to the provisions of this section shall be treated as expenses of operating
the electric distribution system of the municipality for the payment of which the revenues
of the municipality derived from the operation of its electric distribution system (together
with any other revenues that may be lawfully pledged...
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37-16-3
Section 37-16-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADVANCED COMMUNICATIONS CAPABILITIES. The communications capabilities defined
from time to time as advanced telecommunications capabilities by the Federal Communications
Commission (FCC) through regulations, statutes, or other written guidance or orders. The term
also includes broadband systems and broadband services. (2) BROADBAND AFFILIATE. A person
that is at least 10 percent owned by an electric provider, controlled by way of ownership
interests therein, directly or indirectly, by the electric provider, or under common control
with the electric provider, and which is formed to provide, among other services, utility
support services or nonutility support services. (3) BROADBAND OPERATOR. A person that owns
or operates a broadband system within an electric easement, including the electric provider
if the electric provider is operating the broadband system and including a...
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11-50A-1
Section 11-50A-1 Definitions. As used in this chapter, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) AUTHORITY. Alabama Municipal
Electric Authority created pursuant to this chapter and any successor or successors thereto.
(2) BOARD. The board of directors of the authority. (3) BONDS. Any bonds issued by the authority
under the provisions of this chapter, including refunding bonds. (4) BOND ANTICIPATION NOTES.
Short term obligations issued by the authority in anticipation of the issuance of bonds. (5)
COSTS. All costs of acquisition, construction, reconstruction, improvement, equipment, alteration,
repair, or extension of any project; all costs of real and personal property required for
the purposes of any project, including any rights or undivided interest therein; all costs
of easements, franchises, water rights, fees, permits, approvals, licenses, and certificates,
and all costs of securing any permits, approvals, licenses,...
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11-69-1
Section 11-69-1 Adoption and implementation of plan. (a) Any Class 7 or 8 municipality in this
state may adopt a rural scenic right-of-way plan for the development, improvement, and use
of right-of-way along municipal roads and streets and county roads within the corporate limits
and police jurisdiction of the municipality except right-of-way, highways, streets, or roads
that are under exclusive or concurrent jurisdiction of the Alabama Department of Transportation.
Pursuant to the plan, the municipality may designate right-of-way adjacent to a municipal
road or street or a county road to be developed, improved, and used for recreational or beautification
purposes. Any portion of a road designated shall continue for at least three miles in length
and may not at the time of designation have an average density of two or more commercial enterprises
that have an entrance or exit on the road per mile. The path of the right-of-way along a street
or road included in the plan may cross another...
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11-81-140
Section 11-81-140 Definitions. When used in this division, the following words and phrases
shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) UNDERTAKING. Such term shall include all of the following revenue-producing undertakings
or any combination of two or more of such undertakings, whether now existing or hereafter
acquired or constructed: a. Causeways, tunnels, viaducts, bridges and other crossings, highways,
parks, parkways, airports, docks, piers, wharves, seaport or river terminals, hospitals, public
markets, tennis courts, swimming pools, golf courses, stadiums, armories, auditoriums and
other public buildings of all kinds, incinerator plants and systems in connection with the
generation, production, transmission and distribution of electric energy for lighting, heating
and power for public and private uses, together with all parts of any such undertaking and
all appurtenances thereto, including lands, easements, rights-of-way,...
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22-30D-2
Section 22-30D-2 Legislative findings. (a) The Legislature of the State of Alabama makes the
following findings and declarations: (1) The soils, water, and air of this state constitute
unique and delicately balanced resources. (2) The protection of these resources is vital to
the economy of this state. (3) The preservation of waters of this state is a matter of the
highest urgency and priority as these waters provide a primary source of potable water in
this state and that such use can only be served effectively by maintaining the quality of
waters in as close to a comparable previous condition as possible, taking into account multiple
use accommodations necessary to provide the broadest possible promotion of public and private
interests. (b) The Legislature makes the following additional findings: (1) Where contamination
of soils, waters, or air has occurred, remedial measures have often been delayed for long
periods while investigations of the extent of such contamination and...
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37-16-2
Section 37-16-2 Legislative findings. (a) The Legislature finds and declares the following:
(1) More advanced communication capabilities, broadband facilities, and services are needed
in many rural and underserved areas of the state. (2) Electric providers in those rural and
underserved areas are capable of providing infrastructure for such advanced communications
capabilities and providing, directly or indirectly, broadband facilities or services. (3)
The investment in and development of advanced communications capabilities for providing broadband
facilities and services are necessary to better serve the public in those rural and underserved
areas. (4) The continued lack of advanced communication capabilities, broadband facilities,
and services in rural and underserved areas deprives citizens residing in these areas from
access to opportunities such that the state needs to take action to correct and eliminate
these discrepancies. (5) It is the public policy of this state to encourage...
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37-7-8
Section 37-7-8 Corporate purpose; membership fees; service to nonmembers; service outside state.
The corporate purpose of each corporation formed under this chapter shall be to render service
to its members only, and no person shall become or remain a member unless such a person shall
use energy supplied by such corporation and shall have complied with the terms and conditions
in respect to membership contained in the bylaws of such corporation. The membership fee of
the corporation shall not exceed $10.00. Should the corporation acquire any electric facilities
already dedicated or devoted to the public use, it may, for the purpose of continuing existing
service and avoiding hardship, continue to serve the persons served directly from such facilities
at the time of such acquisition without requiring that such persons become members. In no
event shall the number of such nonmembers served exceed 49 percent of the total number of
persons served by the corporation. Such nonmember customers...
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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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