|
41-16A-5
contract, (ii) in the event the governmental entity shall fail to return the subject property
to the grantor party as described in clause (i), the grantor party shall have the right to
take possession of the subject property, (iii) in taking possession of the subject property,
a grantor party may proceed without judicial process if this can be done without breach of
the peace or may proceed by action, and/or (iv) without removal, the grantor party may render
subject property constituting personal property or fixtures unusable and may dispose
of the same on the governmental entity's premises. (b) If an alternative financing contract
contains the terms contained in subdivision (a)(11) hereof, such alternative financing contract
shall be deemed to obligate the governmental entity thereunder only for those sums payable
during the then current fiscal year of such governmental entity, including in the case of
a renewable alternative financing contract for those sums payable in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16A-5.htm - 12K - Match Info - Similar pages
27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
22-18-50
or procedures related to specific employees or other matters related to the Commission's internal
personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate; e.
Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets
or commercial or financial information that is privileged or confidential; g. Disclosure of
information of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy; h. Disclosure of investigatory records compiled for law
enforcement purposes; i. Disclosure of information related to any investigatory reports prepared
by or on behalf of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to the Compact; or j. Matters
specifically exempted from disclosure by federal or member...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-18-50.htm - 41K - Match Info - Similar pages
16-17A-8
Section 16-17A-8 Powers of authority. (a) An authority shall have and may exercise any power
granted nonprofit corporations under Title 10A, together with all powers incidental thereto
or necessary or desirable to the discharge thereof, including, without limitation, the following
specific powers: (1) To adopt, maintain, and amend bylaws and a corporate seal. (2) To sue
and, subject to the limitations herein, be sued; provided, however, that no authority entitled
to sovereign immunity shall be denied such immunity. (3) To acquire, construct, equip, and
operate those health care facilities it considers necessary or desirable. (4) To enter into
contracts and agreements, borrow money, incur indebtedness, and issue bonds, notes, debt securities,
or any other evidence of indebtedness. (5) To pledge the general credit of the authority or
any revenues or income of the authority to repayment of any of its indebtedness. (6) To mortgage
or pledge its health care facilities or its other assets or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-17A-8.htm - 5K - Match Info - Similar pages
11-92C-8
in Chapter 93 of this title for the purpose of limiting the damages for which the authority
may be liable. (3) To adopt and make use of a corporate seal and to alter the seal at its
pleasure. (4) To adopt and alter bylaws for the regulation and conduct of its affairs and
business. (5) To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise,
and to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more
projects, including all real and personal properties which the board of the authority
may deem necessary in connection therewith, regardless of whether or not the projects shall
then be in existence. (6) To lease to others any or all of its projects and to share and collect
rent thereof, and to terminate any lease upon the failure of the lessee to comply with any
of the obligations thereof. (7) To sell, exchange, donate, or convey and to grant options
to any lessee to acquire any of its projects and any or all of its properties if...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-92C-8.htm - 12K - Match Info - Similar pages
23-2-144
Except for the state and any political subdivision thereof, the other entities listed above
may issue bonds for the purpose of financing the costs of any funds or property provided to
the authority of a project. (7) To fix and revise, from time to time, charge, and collect
tolls for transit over or through toll road, bridge, and tunnel projects constructed by it
or on its behalf. (8) To establish rules and regulations for the use of any project. (9) To
acquire, hold, and dispose of real and personal property. (10) To acquire in the name
of the authority, by purchase or otherwise, on the terms and conditions and in a manner as
it may deem proper, or by condemnation in accordance with the provisions of Title 18, and
other provisions of law, insofar as the same may be applicable, any land and other property
or any easement or interest therein, which it may determine is reasonably necessary for any
toll road, bridge, or tunnel project or for its protection and preservation, or for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-2-144.htm - 9K - Match Info - Similar pages
34-21-126
procedures related to specific employees or other matters related to the internal personnel
practices and procedures of the commission. c. Current, threatened, or reasonably anticipated
litigation. d. Negotiation of contracts for the purchase or sale of goods, services, or real
estate. e. Accusing any person of a crime or formally censuring any person. f. Disclosure
of trade secrets or commercial or financial information that is privileged or confidential.
g. Disclosure of information of a personal nature where disclosure would constitute
a clearly unwarranted invasion of personal privacy. h. Disclosure of investigatory
records compiled for law enforcement purposes. i. Disclosure of information related to any
reports prepared by or on behalf of the commission for the purpose of investigation of compliance
with this compact. j. Matters specifically exempted from disclosure by federal or state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this subsection, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-21-126.htm - 12K - Match Info - Similar pages
41-18-1
or grant accepted by the board pursuant to this paragraph or services borrowed pursuant to
paragraph (g) of this article shall be reported in the annual report of the board. Such report
shall include the nature, amount and conditions if any, of the donation, grant or services
borrowed and the identity of the donor or lender. (i) The board may establish and maintain
such facilities as may be necessary for the transacting of its business. The board may acquire,
hold and convey real and personal property and any interest therein. (j) The board
shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind
these bylaws. The board shall publish its bylaws in convenient form and shall file a copy
thereof and a copy of any amendment thereto with the appropriate agency or officer in each
of the party states. (k) The board annually shall make to the governor and legislature of
each party state a report covering the activities of the board for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-18-1.htm - 24K - Match Info - Similar pages
41-16A-3
supervision; each public corporation that conducts one or more state educational institutions
under its supervision; and any public corporation arising under or organized pursuant to any
statute of the state. (c) GRANTOR PARTY. The lessor under a lease or lease-purchase contract,
grantor under an installment-purchase contract, or other comparable party under any other
alternative financing contract. Unless otherwise indicated by the context, each reference
to grantor party shall include any assignee of the rights of the grantor party under the alternative
financing contract. (d) ELIGIBLE PROPERTY. Any tangible personal property, or any interest
therein, including without limitation any goods, supplies, materials, appliances, equipment,
furnishings, and/or machinery, whether or not such items constitute fixtures. (e) STATE. The
State of Alabama. (f) SUBJECT PROPERTY. The eligible property which is the subject of an alternative
financing contract. (Acts 1993, No. 93-261, p. 389, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16A-3.htm - 2K - Match Info - Similar pages
41-16A-7
Section 41-16A-7 Impact of other state laws upon interpretation of contracts executed pursuant
to this chapter. The provisions of any alternative financing contract that are either permitted
or required to be included therein pursuant to this chapter shall be valid and enforceable
in accordance with their terms notwithstanding any other laws of the state to the contrary.
Notwithstanding the foregoing, the laws of the state other than this chapter shall determine
whether a particular alternative financing contract constitutes a lease or a sale of the subject
property to the governmental entity with the retention by the grantor party of a security
interest and shall determine the applicability of Articles 2, 2A, and/or 9 of Title 7, as
amended, to such alternative financing contract. (Acts 1993, No. 93-261, p. 389, §7.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16A-7.htm - 1K - Match Info - Similar pages
|