Code of Alabama

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11-88-1
Section 11-88-1 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. A natural person who files a written application with the governing body of
any county in accordance with the provisions of Section 11-88-3. (2) AUTHORITY. A public corporation
organized pursuant to the provisions of this article. (3) BOARD. The board of directors of
an authority. (4) BONDS. Bonds, notes, and certificates representing an obligation to pay
money. (5) CONCISE LEGAL DESCRIPTION. A reasonably concise description of a particular geographic
area which may be by metes and bounds or by reference to government surveys, recorded maps
and plats, municipal, county, or state boundary lines, well-defined landmarks and other monuments,
or any combination of the foregoing. (6) COUNTY. Any county in the state. (7) DETERMINING
COUNTY. Any county the governing body of which shall have made...
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11-88-21
Section 11-88-21 When proceedings, notice, etc., for incorporation of authority, acquisition
of property, issuance of bonds, etc., required; exemption of authority, etc., from jurisdiction
and regulation of Public Service Commission, etc. Except as expressly otherwise provided in
this article or Article 2 of this chapter no proceeding, notice, or approval shall be required
for the incorporation of any authority or the amendment of its certificate of incorporation,
the acquisition of any property, water system, sewer system, or fire protection facility or
the issuance of any bonds, mortgage, and deed of trust or trust indenture. The authority,
every water system, sewer system, or fire protection facility owned by the authority or leased
or subleased to a determining county and the rates and charges thereof shall be exempt from
all jurisdiction of and all regulation and supervision by the Alabama Public Service Commission
and neither a public hearing nor the consent of the State...
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11-89A-3
Section 11-89A-3 Filing of application for incorporation of authority; denial or authorization
of incorporation by governing body of county or municipality. A public corporation may be
organized pursuant to the provisions of this chapter in any county or municipality. In order
to incorporate such a public corporation, any number of natural persons, not less than three,
who are duly qualified electors of a proposed determining subdivision shall first file a written
application with the governing body of any county or municipality, or any two or more thereof,
which application shall: (1) Recite the name of each county and municipality with the governing
body of which such application is filed; (2) Contain a statement that the applicants propose
to incorporate an authority pursuant to the provisions of this chapter; (3) State the proposed
location of the principal office of the authority; (4) State that each of the applicants is
a duly qualified elector of the determining subdivision (or,...
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22-21-313
Section 22-21-313 Application for incorporation of authority; authorizing resolution. (a) In
order to incorporate an authority, any number of natural persons, not less than three, shall
first file a written application with the governing body of any county, municipality, or educational
institution, or any two or more thereof, which application shall: (1) Recite the name of each
county, municipality, and educational institution with the governing body of which such application
is being filed; (2) Contain a statement that the applicants propose to incorporate an authority
pursuant to the provisions of this article; (3) State either a. where the authorizing subdivision
is a county or municipality, that each of the applicants is a duly qualified elector of the
authorizing subdivision (or, if there is more than one, at least one thereof) or b. where
the authorizing subdivision is an educational institution, that each of the applicants is
a duly qualified elector of the state; and (4)...
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45-38-141.14
Section 45-38-141.14 Dissolution of authority. At any time when no bonds or obligations theretofore
assumed by the authority are outstanding, the board may adopt a resolution, which shall be
duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing
for record of a certified copy of the resolution in the office of the judge of probate of
the county, the authority shall thereupon stand dissolved and, in the event it owned any property
at the time of its dissolution, the title to all its properties shall thereupon pass to and
be divided and apportioned among Lamar County and any other county or counties in which any
part of the service area may be located, all in such manner and to such extent as may be provided
in the authority's certificate of incorporation, as amended. In the absence of a contrary
provision in the certificate of incorporation, as amended, title to real estate and tangible
personal property, other than cash, shall vest in the county...
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11-47-217
Section 11-47-217 Boards of directors of authorities. (a) Each authority shall have a board
of directors composed of the number of directors provided in the certificate of incorporation,
as most recently amended. Unless provided to the contrary in its certificate of incorporation,
all powers of the authority shall be exercised, and the authority shall be governed by the
board or pursuant to its authorization. Subject to the provisions of subdivision (8) of Section
11-47-215, the board shall consist of directors who have the qualifications and are elected
or appointed for certain terms of office as shall be specified in the certificate of incorporation
of the authority. Notwithstanding the foregoing, if the original directors are appointed by
the incorporators, the original directors shall be identified in the proposed form of the
certificate of incorporation submitted to the governing body of each of the authorizing subdivisions
together with the application for authority to...
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11-62-3
Section 11-62-3 Application for authority to form corporation; adoption of resolution by governing
body authorizing incorporation; execution, acknowledgement, filing, recordation and contents
of certificate of incorporation; effect of granting of authority for incorporation upon incorporation
of other such corporations. (a) By proceeding in the manner set forth herein, any number of
natural persons, not less than three, may incorporate a special care facilities financing
authority in any municipality of the state. Such authority shall be organized as a public
corporation and instrumentality of the state with the powers hereinafter set forth. The incorporators
shall first file with the governing body of such municipality a written application seeking
permission to incorporate such authority, which application shall be accompanied by a proposed
form of certificate of incorporation for such authority and such supporting documents or evidence
as the incorporators may consider appropriate...
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16-17-3
Section 16-17-3 Procedure to incorporate. (a) By proceeding in the manner set forth herein,
any number of natural persons, not less than three, may incorporate an educational building
authority as a public corporation and as a political subdivision of the state. The said natural
persons shall first file with the governing body of any municipality the proposed form of
the certificate of incorporation of the authority, together with a written application seeking
permission to apply for the incorporation of an authority for such municipality. Every such
application shall also be accompanied by such supporting documents or evidence as the applicants
may consider appropriate to show the need for an authority for the said municipality. The
said governing body shall consider the said application and shall find and determine whether
it is wise, expedient, necessary or advisable that the authority be formed; if the said governing
body finds and determines that it is not wise, expedient,...
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16-18-3
Section 16-18-3 Procedure to incorporate. (a) By proceeding in the manner set forth herein,
any number of natural persons, not less than three, may incorporate an educational building
authority as a public corporation and as a political subdivision of the state. The said natural
persons shall first file with the governing body of any municipality the proposed form of
the certificate of incorporation of the authority, together with a written application seeking
permission to apply for the incorporation of an authority for such municipality. Every such
application shall also be accompanied by such supporting documents or evidence as the applicants
may consider appropriate to show the need for an authority for the said municipality. The
said governing body shall consider the said application and shall find and determine whether
it is wise, expedient, necessary or advisable that the authority be formed; if the said governing
body finds and determines that it is not wise, expedient,...
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41-10-139
Section 41-10-139 Filing certificate of incorporation with Secretary of State; contents, execution,
recordation, etc. (a) After the date of issuance by the Governor of his executive order authorizing
the applicants to proceed to form a public corporation, as provided in Section 41-10-138,
the applicants or not less than three of the applicants shall proceed to incorporate a public
corporation by filing of record in the office of the Secretary of State a certificate of incorporation
which shall comply in form and substance with the requirements of this section and be executed
in the manner provided in this section. (b) The certificate of incorporation of the authority
shall state: (1) The names of the persons incorporating the authority, together with their
post office addresses and a statement that each of them is a qualified elector of the state;
(2) The name of the authority (which shall include the words "historical preservation
authority"); (3) The location of the principal office...
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