Code of Alabama

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45-37-162.03
Section 45-37-162.03 Public hearing. Not less than three days nor more than 10 days before
the date that the county enters into a binding agreement to issue debt or enters into a binding
swap agreement, the county shall hold a public hearing on the proposed debt or swap agreement.
A majority of the governing body of the county shall be present at the public hearing. The
public hearing shall provide an opportunity for interested persons to address questions to
members of the county governing body about the debt or swap agreement or the contents of the
notice or any preliminary official statement, subject to reasonable procedures established
by the governing body. (Act 2010-519, p. 873, ยง4.)...
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45-37-162.05
Section 45-37-162.05 Information filing by county. (a) Not less than seven days after the county
enters into a binding agreement for the issuance of debt or enters into a binding swap agreement,
it shall file a report in the public records of the county. The report shall include all of
the following: (1) The final terms of such debt or swap agreement to the extent such terms
were referenced or described in the related notice of public hearing. (2) A description of
any variation in the expected facts and circumstances described in the related notice of the
public hearing, or the related preliminary official statement, and the final terms of the
debt or the swap agreement, and the reason for such variation. (3) Each person who has been
paid, or will be paid, directly or indirectly, for services rendered in connection with the
debt or swap agreement, including the underwriter rendering underwriting or investment banking
services, and the amount of each payment. (b) If the information...
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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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45-37-162.02
Section 45-37-162.02 Notice and hearing. (a) The county may not issue debt unless it gives
notice of the proposed debt issuance as provided in subsection (b) and a hearing is held as
provided in Section 45-37-162.03. The county may not enter into a swap agreement unless notice
of the proposed swap agreement is given as provided in subsection (d), a hearing is held as
provided in Section 45-37-162.03, and competitive bids for the swap agreement are requested
as provided in Section 45-37-162.04. (b) The county shall provide notice of a public hearing
on the proposed issuance of debt. The notice shall be published in a newspaper of general
circulation in the county not less than four days before the public hearing and shall include
a brief description of all of the following information with respect to the proposed debt:
(1) The maximum principal amount of debt to be issued and the purpose or purposes for which
the debt is to be issued. (2) The interest rate or rates on the debt, if...
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41-1-42
Section 41-1-42 When governmental entities authorized to enter into agreements. Notwithstanding
any other provision of law, governmental entities shall be authorized to enter into swap agreements
as follows: (1) Subject only to subdivision (2) of this section, any governmental entity may
enter into one or more swap agreements which the governmental entity determines to be necessary
or desirable in connection with, or incidental to, the conduct of its proper activities, including
in connection with its acquisition or carrying of investments or the issuance, acquisition,
carrying, or securing of its authorized debt instruments, bonds, notes, agreements, or indebtedness.
The swap agreements shall be entered into with the financial institution or financial institutions
selected by the means, and shall contain the payment, term, security (including the pledge
of collateral by the governmental entity), default, remedy, and other terms and conditions,
determined to be necessary or desirable...
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37-2-84
Section 37-2-84 Abandonment and discontinuance of grade crossings. (a) The Department of Transportation
is given authority and power to abandon and discontinue any portion of a state highway, or
street on a state highway route with the approval of the city council or governing body of
any municipality, crossing the tracks or right-of-way of any railroad or street railway within
the state, and to close the grade crossing, whenever in the judgment of the department the
grade crossing has ceased to be necessary for the public as a part of any state highway, because
of relocation of the highway, or because of the construction of an underpass or overpass,
or other provision made for the elimination of the grade crossing. Whenever the department
orders the abandonment of a portion of the highway or street and the closing of a grade crossing,
it shall enter its order providing therefor in the department minutes. Notice in writing of
the abandonment and discontinuance of the portion of the...
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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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45-37-162.04
Section 45-37-162.04 Public bidding of swap agreements. The county shall competitively bid
all swap agreements using the following procedures: (1) The county shall invite not less than
four qualified swap providers to make independent written proposals to enter into a swap agreement
delivered in person or transmitted electronically. (2) The county shall provide each potential
qualified swap provider a set of bid documents. The bid documents shall be in the form proposed
by the county to be executed and delivered in connection with the swap agreement. The bid
documents shall include all of the terms and conditions customarily included in such documents
and appropriate to the circumstances. The terms of the swap agreement shall be fully specified,
including, without limitation, such terms as payment frequencies, day counting conventions,
method of averaging, reference indices, and similar terms. The bid documents shall leave blank
a single term expressed as an interest rate or monetary...
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11-97-17
Section 11-97-17 Prior approval of utility services agreements and related agreements with
governmental users; notice and public hearing. (a) No utility services agreement or related
agreements in connection with the acquisition, construction, equipment, or operation of any
facilities may be entered into by any governmental user pursuant to the provisions of this
chapter unless the entering into of such utility services agreement and related agreements
by such governmental user is approved by resolution adopted by the governing body of such
governmental user in accordance with the provisions of this chapter; and any utility services
agreement or related agreements entered into without prior compliance with the provisions
of this section shall be void; provided, however, that no public hearing pursuant to the provisions
of this section shall be required in connection with the entering into of any utility services
agreement by Tannehill Furnace and Foundry Commission. (b) No approval of...
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11-8A-3
Section 11-8A-3 County government bond financing review form. (a) In addition to any and all
other documents presented for examination and execution of a bond financing agreement which,
for the purposes of this chapter, takes place at the time a county commission makes an official
award of the bonds, the county commission shall execute a county government bond financing
review form. The standard review form shall be prepared by the Department of Examiners of
Public Accounts and shall include statements to the effect that: (1) The county commission
has considered whether it can satisfy its financial obligations for the life of the bonds.
(2) In the case of limited obligation indebtedness, the county commission has identified the
source for the debt service payments for the life of the bonds, and in the case of general
obligation indebtedness, the county commission has indicated that the full faith and credit
of the county has been pledged for the debt service payments for the life of...
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