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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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11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under this
chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope. (a) Except
where otherwise specifically prohibited or provided for either heretofore or hereafter by
general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127,
control of animals and animal nuisances. (3) Control of litter as defined in subsection (b)
of Section 13A-7-29, or rubbish as defined in subdivision...
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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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9-14E-1
Section 9-14E-1 Definitions. The following terms as used in this section shall have the following
meanings: (1) DEPARTMENT. The Department of Conservation and Natural Resources. (2) GOVERNOR.
The Governor of the State of Alabama. (3) GROUND LEASE. A lease of the project site which
shall provide for the rights and responsibilities of the state and any other person which
is a party thereto. (4) GULF STATE PARK. The real property comprising approximately 6,150
acres, and any future additions thereto, including facilities and fixtures located thereon
and appurtenances thereto, owned and managed by the state and the department in south Baldwin
County, Alabama. (5) GULF STATE PARK PROJECT COMMITTEE. The committee established pursuant
to subsection (d) of Section 9-14E-5. (6) PARTY TO AN EXECUTED PROJECT AGREEMENT. The state
or any person who is a party to and is obligated to the state under a project agreement, or
any part thereof. (7) PERSON. Any private person or any public person. (8)...
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11-65-10
Section 11-65-10 Powers and duties of commission. When authorized by one or more elections
as provided in Section 11-65-4, a commission shall have the powers and duties necessary to
license, regulate, and supervise horse racing and pari-mutuel wagering thereon and greyhound
racing and pari-mutuel wagering thereon within the commission municipal jurisdiction, including,
without limiting the generality of the foregoing, the powers and duties hereinafter set forth
in this section or in other sections of this chapter. (1) A commission shall have succession
in perpetuity, subject only to the provisions of this chapter as it may be amended from time
to time. (2) A commission shall have the power to sue and be sued in its own name in civil
suits and actions and to defend suits against it. (3) A commission shall have the power to
adopt and make use of an official seal and to alter the same at pleasure. (4) A commission
shall have the power to adopt, alter, and repeal bylaws, regulations and...
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11-60-8
Section 11-60-8 Powers of corporations generally; location of projects of corporations. (a)
The corporation shall have the following powers together with all powers incidental thereto
or necessary for the performance of those hereinafter stated: (1) To have succession by its
corporate name for the period specified in the certificate of incorporation unless sooner
dissolved as provided in this chapter; (2) To sue and be sued and to prosecute and defend
civil actions in any court having jurisdiction of the subject matter and of the parties; (3)
To have and to use a corporate seal and to alter the same at pleasure; (4) To acquire, whether
by purchase, construction, exchange, gift, lease, or otherwise to improve, maintain, equip,
furnish, own, and operate one or more projects, including all real and personal properties
which the board of directors of the corporation may deem necessary in connection therewith,
regardless of whether or not any such projects or any part thereof shall then be...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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45-29-140.05
Section 45-29-140.05 Powers of authority; rates and charges. (a) The authority 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 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 article, 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 located in one or more
counties and whether located within or outside the service area. (6) To make, enter into,
and execute such contracts, agreements, leases, and other instruments and to take...
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45-38-141.05
Section 45-38-141.05 Powers of authority; rates and charges. (a) The authority 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 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 part, 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 located in one or more counties and
whether located within or outside the service area. (6) To make, enter into, and execute such
contracts, agreements, leases, and other instruments and to take such...
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