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11-89-7
Section 11-89-7 Powers of district generally; power of district to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally.
(a) The district 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 perpetuity, subject to the provisions of Section
11-89-17) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, except as otherwise provided in this chapter, and to defend civil actions
against it; (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, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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37-3-10
Section 37-3-10 Certificate of public convenience and necessity - When required; application;
determination by commission. (a) No common carrier by motor vehicle subject to the provisions
of this chapter shall engage in intrastate commerce on any highway in this state unless there
is in force with respect to such carrier a certificate of public convenience and necessity
issued by the commission pursuant to the provisions of this chapter authorizing such operation.
The application for such certificate shall be decided in accordance with the procedure provided
in Section 37-3-11, and such certificate shall be issued or denied accordingly. No common
carrier of passengers holding a certificate of public convenience and necessity issued to
it by the commission shall be required to apply for a certificate under this chapter, but
such certificate held and effective shall be effective as if issued under this chapter, but
this shall not be construed or held to relieve the holder of such...
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37-3-18
Section 37-3-18 Bond or other security. (a) No certificate or permit shall be issued to a motor
carrier or remain in force, and no motor carrier subject to the provisions of this chapter
shall engage in any operation on any highway of this state, unless such carrier complies with
such reasonable rules and regulations as the commission shall prescribe governing the filing
and approval of surety bonds, policies of insurance, qualifications as a self-insurer or other
securities or agreements, in such reasonable amounts as the commission may require, conditioned
to pay, within the amount of such surety bonds, policies of insurance, qualifications as a
self-insurer or other securities or agreements, any final judgment recovered against such
motor carrier for bodily injuries to or the death of any person resulting from the negligent
operation, maintenance or use of motor vehicles under certificate or permit or for loss or
damage to property of others. The commission shall, under such rules...
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37-9-20
Section 37-9-20 Certificates for common carriers and permits for contract carriers - Contents;
terms, conditions and limitations; effective date; duration; charter flights; emergency landings,
etc. (a) Each certificate issued under this chapter shall specify the points between which,
or areas within which the person is authorized to engage in operations as a common carrier
by aircraft, the services to be rendered and, in the case of carriage of goods, the commodity
or commodities authorized to be transported. There shall be attached to the exercise of the
privileges granted by such certificate, or amendment thereto, such reasonable terms, conditions
and limitations as the public interest may require; except, that no term, condition or limitation
shall restrict the right of the common carrier by aircraft to add to or change schedules,
equipment, accommodations and facilities for performing the authorized transportation and
service as the development of the business and the demands of...
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37-3-25
Section 37-3-25 Penalties for violations. (a) Any person knowingly and willfully violating
any provision of this chapter or any rule, regulation, requirement or order thereunder or
any term or condition of any certificate, permit or license for which a penalty is not otherwise
herein provided shall, upon conviction thereof, be fined not more than $100.00 for the first
offense and not more than $500.00 for any subsequent offense. Each day of such violation shall
constitute a separate offense. (b) If any motor carrier or broker operates in violation of
any provision of this chapter (except as to the reasonableness of rates, fares or charges
and discriminatory character thereof), or any rule, regulation or requirement, or order thereunder,
or of any term or condition of any certificate or permit, the commission or its duly authorized
agency may apply to the circuit court of the State of Alabama for any county where such motor
carrier or broker operates for the enforcement of such...
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37-3-2
Section 37-3-2 Definitions. The following words and phrases used in this chapter, where not
in conflict with the context, shall have the following meanings: (1) BROKER. Any person not
included in the term "motor carrier" and not a bona fide employee or agent of any
such carrier, who or which, as principal or agent, sells or offers for sale any transportation
of property other than that transported by common carriers of passengers, subject to this
chapter, or negotiates for or holds itself out by solicitation, advertisement, or otherwise
as one who sells, provides, furnishes, contracts, or arranges for the transportation. (2)
CERTIFICATE. A certificate of public convenience and necessity issued under this chapter to
common carriers by motor vehicle. (3) COMMON CARRIER BY MOTOR VEHICLE. Any person who or which
undertakes, whether directly or by a lease or other arrangement, to transport passengers or
property or any class or classes of property for the general public in the State of...
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37-3-12
Section 37-3-12 Certificate of public convenience and necessity - Scope of authority granted;
deviations; charter parties; transportation of newspapers, baggage or mail; abandonment or
discontinuance. (a) Any certificate issued under Sections 37-3-10 and 37-3-11 shall specify
the service to be rendered and the routes over which, the fixed termini, if any, between which,
and the intermediate and off-route points, if any, at which, and in case of operations not
over specified routes or between fixed termini, the territory within which the motor carrier
is authorized to operate; and there shall at the time of issuance and from time to time thereafter
be attached to the exercise of the privilege granted by the certificate such reasonable terms,
conditions and limitations as the public convenience and necessity may from time to time require,
including terms, conditions and limitations as to the extension of the route or routes of
the carrier, and such terms and conditions as are necessary...
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11-32-2
Section 11-32-2 Definitions. As used in this chapter, the following words and phrases shall
mean the following unless the context clearly indicates otherwise: (1) AD VALOREM TAX. Those
real and personal property ad valorem taxes collected by the county tax collector, the director
of revenue of the county, or revenue commissioner, if any, for the county, but shall exclude
all ad valorem taxes collected for the State of Alabama and all boards of education, municipalities,
fire districts, or other entities located in the county. (2) APPLICANT. A natural person who
files a written application with the governing body of any county to which this chapter applies
and with a municipality in the county, all in accordance with Section 11-32-3. (3) AUTHORITY.
The public corporation organized pursuant to this chapter, which shall be an agency of the
state but shall not be a political subdivision of the state. (4) AUTHORIZING COUNTY. Any county
the governing body of which shall have adopted an...
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