reglab/housing_qa huggingface dataset:
AL Code § 45-41A-40.01 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.01 - Definitions.

Section 45-41A-40.01Definitions. The following words and phrases used in this part, and others evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise, shall be given the following respective interpretations herein: (1) APPLICANT. A natural person who files a written application with the governing body of the city in accordance with Section 45-41A-40.03. (2) AUTHORITY. The Opelika Downtown Redevelopment Authority, a public corporation organized pursuant to this part. (3) AUTHORIZING RESOLUTION. A resolution adopted by the governing body of the city in accordance with Section 45-41A-40.03, that authorizes the corporation of the authority. (4) BOARD. The board of directors of the authority. (5) BONDS. Shall include bonds, notes, and certificates representing an obligation to pay money. (6) CITY. The City of Opelika, Alabama. (7) DIRECTOR. A member of the board of the authority. (8) DOWNTOWN DEVELOPMENT AREA. The central business district of the city as described in subsection (b) of Section 45-41A-40.08. (9) GOVERNING BODY. With respect to the city, its city council, board of commissioners, or other like governing body. (10) INCORPORATORS. The persons forming a public corporation organized pursuant to this part. (11) PERSON. Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality. (12) PRINCIPAL OFFICE. The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of the proceedings of the board of the authority are kept. (13) PROJECT. Interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the downtown development area. A project may be for any industrial, commercial, business, office, parking, utility, residential (including without limitation homes, apartments, townhouses, condominiums, hotels and motels), or other use, provided that a majority of the members of the authority determine, by a resolution duly adopted, that the project and such use thereof would further the public purpose of this part. (14) STATE. The State of Alabama. (Act 84-415, p. 981, §2.)
AL Code § 45-41A-40.02 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.02 - Use of Particular Terms and Phrases.

Section 45-41A-40.02Use of particular terms and phrases. The following provisions shall be applied wherever appropriate herein: (1) Herein, hereby, hereunder, hereof, and other equivalent words refer to this part as an entirety and not solely to the particular section or portion thereof in which any such word is used. (2) The definitions set forth in Section 45-41A-40.01 shall be deemed to include both singular and plural and to cover all genders. (Act 84-415, p. 981, §3.)
AL Code § 45-41A-40.03 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.03 - Application; Authorization of Incorporation.

Section 45-41A-40.03Application; authorization of incorporation. (a) The authority may be organized pursuant to this part. In order to incorporate such a public corporation, any number of natural persons, not less than three, who are duly qualified electors of the city, shall first file a written application with the governing body of the city, which application shall do all of the following: (1) Contain a statement that the applicants propose to incorporate the authority pursuant to this part. (2) State the proposed location of the principal office of the authority, which shall be within the corporate limits of the city. (3) State that each of the applicants is a duly qualified elector of the city. (4) Request that the governing body of the city adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-41A-40.04 (b) Each application shall be accompanied by such supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the application with it in accordance with this section, the governing body of the city shall review the contents of the application, and shall adopt a resolution either denying the application or declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-41A-40.04. The governing body with which the application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting of such governing body at which final action upon the application is taken. (Act 84-415, p. 981, §4.)
AL Code § 45-41A-40.04 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.04 - Incorporation Procedures; Contents and Execution of Certificate.

Section 45-41A-40.04Incorporation procedures; contents and execution of certificate. (a) Within 40 days following the adoption of the authorizing resolution the applicants shall proceed to incorporate the authority by filing for record in the office of the Judge of Probate of Lee County a certificate of incorporation which shall comply in form and substance with the requirements of this section and which shall be in the form and executed in the manner herein provided. (b) The certificate of incorporation of the authority shall state all of the following: (1) The names of the persons forming the authority, and that each of them is a duly qualified elector of the city. (2) The name of the authority, which shall be the Opelika Downtown Redevelopment Authority. (3) The period for the duration of the authority (if the duration is to be perpetual, subject to Section 45-41A-40.19, that fact shall be stated). (4) The name of the city together with the date on which the governing body thereof adopted the authorizing resolution. (5) The location of the principal office of the authority, which shall be within the corporate limits of the city. (6) That the authority is organized pursuant to this part. (7) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this part or with the laws of the state. (b) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds. When the certificate of incorporation is filed for record, there shall be attached to it a copy of the application as filed with the governing body of the city in accordance with Section 45-41A-40.03, and a certified copy of the authorizing resolution adopted by the governing body of the city. Upon the filing for record of the certificate of incorporation and the authority shall come into existence and shall constitute a public corporation under the name set forth in said certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record. (Act 84-415, p. 981, §5.)
AL Code § 45-41A-40.05 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.05 - Amendments to Certificate of Incorporation.

Section 45-41A-40.05Amendments to certificate of incorporation. (a) The certificate of incorporation of the authority incorporated under this part may at any time and from time to time be amended in the manner provided in this section. The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which shall be set forth in full in the resolution and which amendment may include any matters which might have been included in the original certificate of incorporation. (b) After the adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the authority, the chair of the board and the secretary of the authority shall sign and file a written application in the name of and on behalf of the authority, under its seal, with the governing body of the city, requesting such governing body to adopt a resolution approving the proposed amendment, and accompanied by a certified copy of the resolution adopted by the board proposing the amendment to the certificate of incorporation, together with such documents in support of the application as the chair may consider appropriate. As promptly as may be practicable after the filing of the application with the governing body of the city pursuant to this section, that governing body shall review the application and proposed amendment. Such governing body shall also cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken. (c) Within 40 days following the adoption by the governing body of the city of a resolution approving the proposed amendment the chair of the board of the authority and the secretary of the authority shall sign, and file for record in the office of the Judge of Probate of Lee County a certificate in the name of and in behalf of the authority under its seal reciting the adoption of the respective resolutions by the board and by the governing body and setting forth the proposed amendment. The judge of probate for the county shall thereupon record such certificate in an appropriate book in his or her office. When such certificate has been so filed and recorded, such amendment shall become effective and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment. No certificate of incorporation of the authority shall be amended except in the manner provided in this section. (Act 84-415, p. 981, §6.)
AL Code § 45-41A-40.06 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.06 - Board of Directors.

Section 45-41A-40.06Board of directors. Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization. The board shall consist of seven directors who shall be elected by the governing body of the city for staggered terms as hereinafter provided. The governing body of the city shall specify for which term each director is elected. The initial term of office of two directors shall be two years each. The initial term of office of two directors shall be four years each. The initial term of office of three directors shall be six years each. Thereafter, the term of office of each director shall be six years. If at the expiration of any term of office of any director, a successor thereto shall not have been elected, then the director whose term of office shall have expired shall continue to hold office until his or her successor shall be so elected. If at any time there should be a vacancy on the board, a successor director to serve for the unexpired term applicable to such vacancy shall be elected by the governing body of the city. No officer or employee of the state or of any county or municipality, during his or her tenure as such officer, shall be eligible to serve as a director. Each director shall be a duly qualified elector of the city. Directors shall be eligible for reelection. Each director shall be reimbursed for expenses actually incurred by him or her in and about the performance of his or her duties. Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided in Section 175 of the Constitution of Alabama and the general laws of the state for impeachment and removal of the officers mentioned in Section 175. (Act 84-415, p. 981, §7.)
AL Code § 45-41A-40.07 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.07 - Officers of the Authority.

Section 45-41A-40.07Officers of the authority. The officers of the authority shall consist of a chair, vice chair, secretary, treasurer, and such other officers as the board shall deem necessary or appropriate. The offices of secretary and treasurer may, but need not, be held by the same person. The chair and vice chair of the authority shall be elected by the board from the membership thereof; the secretary, the treasurer, and any other officers of the authority may, but need not, be members of the board and shall also be elected by the board. The chair, vice chair, secretary, and treasurer of the authority shall also be the chair, vice chair, secretary, and treasurer of the board, respectively. Prior to receipt by the authority of any tax revenues from the city, any county, state, or federal governments, the treasurer of the authority shall provide evidence to the governmental entity from which the funds are to be received of procurement of a fidelity bond in an amount equal to or greater than the amount of tax funds to be received and that the company issuing the bond is qualified to issue fidelity bonds in the State of Alabama. (Act 84-415, p. 981, §8.)
AL Code § 45-41A-40.10 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.10 - Proceeds From Sale of Bond.

Section 45-41A-40.10Proceeds from sale of bond. All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized, including, but without limitation to, the use of bond proceeds to establish reserve funds as security for the payment of the principal of, and premium, if any, and interest on the bonds, and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to the fiscal, engineering, legal, and other expenses incurred in connection with the issuance of the bonds, and except in the case of refunding bonds, interest to accrue on such bonds for a period ending not later than two years from their date. (Act 84-415, p. 981, §11.)
AL Code § 45-41A-40.11 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.11 - Refunding Bonds.

Section 45-41A-40.11Refunding bonds. (a) Any bonds issued by the authority may from time to time be refunded by the issuance, by sale, or exchange, of refunding bonds payable from the same or different sources for the purpose of paying all or any part of the principal of the bonds to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such bonds that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the bonds to be refunded, any interest to accrue on each bond to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with refunding; provided, that unless duly called for redemption pursuant to provisions contained therein, the holders of any such bonds then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding bonds for such refunding. Any refunding bonds may be sold by the authority at public or private sale at such price or prices as may be determined by its board to be most advantageous, or may be exchanged for the bonds or other obligations to be refunded. Any such refunding bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and have such tenor and maturities, shall contain such provisions not inconsistent with this part, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of its board. (b) Any refunding bonds issued by the authority shall be issued and may be secured in accordance with Section 45-41A-40.09.  (Act 84-415, p. 981, §12.)
AL Code § 45-41A-40.12 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.12 - Notice of Bond Resolution.

Section 45-41A-40.12Notice of bond resolution. (a) Upon the adoption by the board of the authority of any resolution providing for the issuance of bonds, such authority, in its discretion, may cause to be published once a week for two consecutive weeks, in a newspaper published or having a general circulation in the city, a notice in substantially the following form, the blanks being properly filled in, at the end of which shall be printed the name and title of either the chair or secretary of such authority: "The Opelika Downtown Development Authority, a public corporation under the laws of the State of Alabama, on the _____ day of _____, authorized the issuance of $_____ principal amount of bonds of the public corporation for purposes authorized in the act of the Legislature of Alabama under which the public corporation was organized. Any action or proceeding questioning the validity of the bonds, or the pledge and the mortgage and deed of trust or trust indenture to secure the same, or the proceedings authorizing the same, must be commenced within 30 days after the first publication of this notice." A newspaper shall be deemed to be published in the city, within the meaning of this section, if its principal editorial office is located in the city. (b) Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in the notice or to contest the validity of any such bonds, or the validity of any pledge and mortgage and deed of trust or trust indenture made therefor, must be commenced within 30 days after the first publication of such notice. After the expiration of the period no right of action or defense questioning or attacking the validity of the proceedings or of the bonds or the pledge or mortgage and deed of trust or trust indenture shall be asserted, nor shall the validity of the proceedings, bonds, pledge, mortgage, and deed of trust or trust indenture be open to question in any court on any ground whatsoever except in an action commenced within such period. (Act 84-415, p. 981, §13.)
AL Code § 45-41A-40.13 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.13 - Exemption From Taxation.

Section 45-41A-40.13Exemption from taxation. The authority formed under this part, the property and income of the authority, whether used by it or leased to others, all bonds issued by the authority, whether used by it or leased to others, all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages, and deeds of trust by and to the authority shall be exempt from all taxation in the state. The authority shall not be obligated to pay any fees, taxes, or costs to the Judge of Probate of Lee County in connection with its incorporation or with any amendment to its certificate of incorporation or otherwise or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes, and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities authorized by this part, provided, however, that nothing contained in this section shall be construed to exempt the property of the authority from any ad valorem taxes levied by the State of Alabama or exempt the authority from sales and use taxes levied by the state but this proviso shall only apply to such taxes levied by the state and shall not apply to such taxes levied by any county, municipality, or other political subdivision. (Act 84-415, p. 981, §14.)
AL Code § 45-41A-40.14 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.14 - Liability of City.

Section 45-41A-40.14Liability of city. The city shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority, and none of the bonds of the authority or any of its agreements or obligations shall be construed to constitute an indebtedness of the city within the meaning of any constitutional or statutory provision whatsoever. (Act 84-415, p. 981, §15.)
AL Code § 45-41A-40.15 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.15 - Exemption From Usury and Interest Laws.

Section 45-41A-40.15Exemption from usury and interest laws. The authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation to, Chapter 8 of Title 8, as it may at any time be amended. (Act 84-415, p. 981, §16.)
AL Code § 45-41A-40.16 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41A - Lee County Municipalities.|Article 4 - Opelika.|Part 1 - Downtown Development Authority.|Section 45-41A-40.16 - Exemption From Competitive Bid Laws.

Section 45-41A-40.16Exemption from competitive bid laws. The authority and all contracts made by it shall be exempt from the laws of the State of Alabama requiring competitive bids for any contract to be entered into by municipalities or public corporations authorized by them, including, but without limitation to, Article 3, commencing with Section 41-16-50, of Chapter 16 of Title 41, as it may at any time be amended. (Act 84-415, p. 981, §17.)