Code of Alabama

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37-6-4
Section 37-6-4 Name. The name of each cooperative primarily engaged in the distribution of
electricity or other services shall include the word "cooperative"; and the name
of each cooperative primarily engaged in generating or transmitting electricity for delivery
to an electric distributor shall include at least one of the words "electric", "power"
or "cooperative"; provided, that such limitation shall not apply if, in an affidavit
made by the president or vice president of a cooperative on file with the Secretary of State,
it shall appear that the cooperative desires to transact business in another state and is
precluded therefrom by reason of its name; and provided further, that any corporation heretofore
or hereafter organized under Chapter 7 of this title, which may be converted into a cooperative
and become subject to this chapter, as provided in Section 37-6-16, or any foreign corporation
transacting business in this state pursuant to Section 37-6-26, may, at its election,...
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37-6-16
Section 37-6-16 Conversion of existing corporation into cooperative. Any corporation organized
under the laws of this state for the purpose, among others, of supplying electric energy to
its members may be converted into a cooperative and become subject to this chapter with the
same effect as if originally organized under this chapter by complying with the following
requirements: The proposition for the conversion of such corporation into a cooperative and
proposed articles of conversion to give effect thereto shall be first approved by the board
of trustees or the board of directors, as the case may be, of such corporation. The proposed
articles of conversion shall recite in the caption that they are executed pursuant to this
chapter and shall state: The name of the corporation prior to its conversion into a cooperative;
the address of the principal office of such corporation; the date of the filing of articles
of incorporation of such corporation in the office of the secretary of...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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37-3-4
Section 37-3-4 Exemptions. (a) This chapter shall not be construed to apply to: (1)a. School
buses or other motor vehicles which are owned by county boards of education or under contract
with county boards of education, regardless of whether or not the school buses and other motor
vehicles are being used exclusively for the transportation of school children and school teachers
to and from school and provided the school buses and other motor vehicles do not take on passengers
for fare on a certificated route. b. Motor vehicles for hire while operating wholly within
the limits of a city or incorporated town or within the police jurisdiction thereof, or between
two or more incorporated towns or cities whose city limits join or are contiguous or whose
police jurisdictions join or are contiguous. c. Motor vehicles while used in the transportation
of property when the owner of the vehicle is legally and regularly engaged in the business
of selling such property and is the owner and has the...
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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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37-6-43
Section 37-6-43 Name of cooperative furnishing service. The name of an electric cooperative
which engages in the furnishing of telephone service may include the word "telephone"
and need not include the word "electric" if it is not engaged in the furnishing
of electrical energy. The words "telephone" and "cooperative" shall not
both be used in the name of any corporation hereafter organized under the laws of, or authorized
to transact business in, this state, except a cooperative or corporation transacting business
in this state pursuant to the provisions of this article. (Acts 1949, No. 339, p. 509, §4;
Acts 1951, No. 613, p. 1057, §1.)...
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37-6-42
Section 37-6-42 Enumerated powers. (a) Any such electric cooperative shall have power: (1)
To supply telephone service in rural areas to its members, to governmental agencies and political
subdivisions, to other persons, and to business entities not in excess of 40 percent of the
number of its members; provided that wireless communications services, including, without
limitation, services classified as of January 1, 1997, as "commercial mobile radio services"
by the Federal Communications Commission, may be provided to any person, firm, corporation,
governmental agency, or political subdivision within any area for which the electric cooperative
is authorized to provide such wireless service under federal law or regulations, without the
business entity being a member of the cooperative, regardless of whether the business entity
is in excess of 40 percent of the number of its members, and, without limiting the foregoing,
should a cooperative acquire any facilities in rural areas...
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37-6-6
Section 37-6-6 Articles of incorporation - Generally. The articles of incorporation of a cooperative
shall recite in the caption that they are executed pursuant to this chapter, shall be signed
and acknowledged by each of the incorporators, and shall state: The name of the cooperative;
the address of its principal office; the names and addresses of the incorporators; the names
and addresses of the persons who shall constitute its first board of trustees; and any provisions
not inconsistent with this chapter deemed necessary or advisable for the conduct of its business
and affairs. Such articles of incorporation shall be submitted to the Secretary of State for
filing as provided in this chapter. It shall not be necessary to set forth in the articles
of incorporation of a cooperative the purpose for which it is organized or any of the corporate
powers vested in a cooperative under this chapter. (Acts 1939, No. 231, p. 371; Code 1940,
T. 18, §36.)...
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45-23A-93
Section 45-23A-93 Auxiliary communication services. (a) As used in this section, the word "city"
shall mean the City of Ozark in Dale County. (b)(I) In addition to all other powers, rights,
and authority heretofore granted by law, the city is authorized and empowered to acquire,
purchase, lease, construct, operate, maintain, enlarge, extend, and improve as part of the
system facilities for the provision to inhabitants of the city and surrounding territory of
auxiliary services which may be identified generally as any communication service, not including
cable television transmission, which shall include, but not be limited to, burglar alarm systems,
data transmissions, facsimile service, home shopping service, and any allied or similar communication
services. (2) The city shall provide, without the requirement of any franchise, to any requesting
communication company or utility regulated by the Public Service Commission, or any electric
cooperative organized under Chapter 6, Title 37,...
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37-5-1
Section 37-5-1 Definitions. Unless the context otherwise requires, the following terms, when
used in this chapter, shall have the meanings respectively ascribed to them by this section:
(1) MUNICIPAL POWER DISTRICT, POWER DISTRICT or DISTRICT. A municipal power district organized
under this chapter, either as originally organized or as the same may be from time to time
altered or amended. (2) MUNICIPALITY. Any city or town. (3) GOVERNING BODY. Whenever used
in relation to any municipality, the body or board, by whatsoever name known, having charge
of the governing of a municipality and shall be held to include the mayor or other chief executive
officers of such municipality in any case wherein the concurrence or approval of such officer
is required by the law governing such municipality for the adoption of any municipal ordinance
or resolution or other municipal act provided for in this chapter. (4) BOARD OF DIRECTORS,
DIRECTORS or BOARD. The board of directors of a municipal power...
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