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11-89C-9
a public corporation, or with any other public corporation, authority, or district authorized
by the Legislature to implement this chapter. In furtherance of this objective, any governing
body may perform any of the functions and powers provided in Section 11-89C-4 for public corporations,
and any function or eligibility requirement provided or required for joining and participating,
and to transfer and convey to the public corporation, with or without consideration, any facilities,
real or personal property, money, or thing of value, including the services of employees
through loan, detail, or assignment. (d) Any governing body may establish, levy, and impose
by resolution or ordinance, any revenue-raising measure within its jurisdiction, including,
but not limited to, fees, charges, or assessments, without any referendum unless required
by the Constitution of Alabama of 1901, deemed necessary to implement this chapter or to comply
with all provisions of storm water laws, subject to...
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11-89C-1
Section 11-89C-1 Legislative findings and intent. (a) The Legislature finds and declares that
it is in the public interest and the health, safety, and welfare of the citizens of this state
and within the police power of the state, county, and municipal governments to promote effective
and efficient compliance with federal and state laws, rules, regulations, and permits relating
to discharges into and from municipal separate storm sewers, and to promote and authorize
the discovery, control, and elimination, wherever practicable, of that discharge at the local
government level. (b) It is the intention of the Legislature by passage of this chapter to
assist the state in its implementation of the storm water laws, and to supplement the authority
of the governing bodies of all counties and municipalities in the state to enable them to
implement the storm water laws. (c) It is further the intention of the Legislature to authorize
and promote the intercooperation of the governing bodies in...
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11-80-15
Section 11-80-15 Regulation of fertilizer. (a) A county commission or municipal governing body
may not adopt or continue in effect any ordinance, rule, or resolution regulating the registration,
packaging, labeling, sale, distribution, transportation, storage, or application of fertilizers.
The entire subject matter of the foregoing shall be subject to the jurisdiction of the Department
of Agriculture and Industries. (b) For purposes of this section, the term fertilizer means
any substance containing one or more recognized plant nutrients which is used for its plant
nutrient content and which is designed for use or claimed to have value in promoting plant
growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes,
boiler ashes produced by the pulp and paper or the electric utility industry, and similar
products exempted by regulation of the Commissioner of Agriculture and Industries. (c) This
section shall not affect, supersede, or override any zoning...
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11-89C-4
in the employee benefit programs of any member governing body, including insurance and pension
programs, upon approval of the executive committee and the subject member governing body.
(5) To enter into contracts with individuals, governing bodies, member governing bodies, governmental
agencies, professional associations, corporations, partnerships, and other legal entities
to implement the functions of this chapter. (6) To purchase, lease, license, own, or otherwise
acquire real and personal property, including easements, rights of way, and all other
interests in land, including municipal separate storm sewers, buildings, and other facilities
and equipment. (7) To construct, operate, maintain, repair, and replace facilities for storm
water functions. (8) To contract with member governing bodies for the construction, improvement,
renovation, management, or operation of their municipal separate storm sewer systems. (9)
To purchase or obtain insurance and other appropriate...
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4-3-47
perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, excepting actions in tort against the authority; (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, take and
hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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11-89C-12
Section 11-89C-12 No enforcement action by governing body where ADEM has taken certain actions.
(a) In no event shall any enforcement action be taken by any governing body against any person
for an alleged violation of a local ordinance or resolution pertaining to storm water discharges
into a separate storm sewer if any of the following occur: (1) ADEM has issued a notice of
violation with respect to the same alleged violation, and is proceeding with enforcement action;
(2) ADEM has issued an administrative order with respect to the same alleged violation, and
is proceeding with enforcement action; or (3) ADEM has commenced and is proceeding with enforcement
action or has completed any other type of administrative or civil action with respect to the
same alleged violation. (b) Any determination or resolution with respect to an alleged violation
made by ADEM shall be final, and such alleged violation shall not be the subject of any additional
enforcement action by a governing body...
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11-89C-2
Section 11-89C-2 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings: (1) AGRICULTURAL LAND. Any real property classified or assessed
as agricultural or forest land for property tax purposes. (2) COMMERCIAL PROPERTY. Any real
property that is not residential property, as defined in this section, or has not specifically
been exempted from the fee provisions set out in Section 11-89C-9(d)(1). (3) GOVERNING BODY.
The governing body of a county or municipality in the state which is now or may hereafter
be specifically designated in 40 C.F.R. Part 122, including, but not limited to, any appendices
or revisions promulgated by EPA in conjunction with any expansion of the agency's municipal
separate storm sewer system program (e.g. Phase III, Phase IV, and/or equivalent expansions),
or by ADEM pursuant to the authority delegated to it under the Clean Water Act, 33 U.S.C.
ยง1251 et seq. (4) GREENFIELD. Any real property not previously...
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11-89A-2
of Section 11-89A-3, that authorizes the incorporation of an authority. (4) BOARD. The board
of directors of an authority. (5) BONDS. Bonds, notes, or other obligations representing an
obligation to pay money. (6) COSTS. As applied to a facility or any portion thereof, such
term shall include all or any part of the cost of construction, acquisition, alteration, enlargement,
extension, reconstruction, improvement, and remodeling of a facility, including all lands,
structures, real or personal property, rights, rights-of-way, franchises, easements,
permits, approvals, licenses, and certificates and interests acquired or used for, in connection
with or with respect to a facility, the cost of demolishing or removing any buildings or structures
on land so acquired, including the cost of acquiring lands to which such buildings or structures
may be moved, the cost of all machinery and equipment, financing charges, underwriters' commissions
or discounts, interest prior to, during, and...
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11-97-2
The board of directors of a corporation. (4) BONDS. Bonds, notes, or other obligations representing
an obligation to pay money. (5) CORPORATION. Any public corporation organized pursuant to
the provisions of this chapter. (6) COSTS. As applied to a facility or any portion thereof,
shall include all or any part of the cost of construction, acquisition, alteration, enlargement,
extension, reconstruction, improvement, and remodeling of a facility, including all lands,
structures, real or personal property, rights, rights-of-way, franchises, easements,
permits, approvals, licenses, and certificates and interests acquired or used for, in connection
with or with respect to a facility, the cost of demolishing or removing any buildings or structures
on land so acquired, including the cost of acquiring lands to which such buildings or structures
may be moved, the cost of all machinery and equipment, financing charges, underwriters' commissions
or discounts, interest prior to, during, and...
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45-8A-72
Section 45-8A-72 Alcoholic beverages regulated. (a) This section only applies to the City of
Jacksonville in Calhoun County. (b) Alcoholic beverages may be sold each day of the week for
on-premises consumption by retail licensees of the Alcoholic Beverage Control Board in the
City of Jacksonville if approved by a majority vote of the governing body. (c) Alcoholic beverages
may be sold each day of the week for off-premises consumption by retail licensees of the Alcoholic
Beverage Control Board in the City of Jacksonville if approved by a majority vote of the governing
body. (d) The governing body of the City of Jacksonville, by resolution or ordinance passed
by a simple majority, may regulate but may not prohibit the sale of both on-premises and off-premises
consumption of alcoholic beverages each day of the week by retail licensees of the Alcoholic
Beverage Control Board to the general public. Retail licensees may sell or dispense alcoholic
beverages pursuant to the requirements of the...
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