reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-3 - Filing of Application; Authorization of Incorporation by Governing Body of an Authorizing Subdivision.

Section 11-92C-3
Filing of application; authorization of incorporation by governing body of an authorizing subdivision.
(a) An authority may be organized pursuant to this chapter. In order to incorporate a public corporation, any number of natural persons, not less than three, who are duly qualified electors of the authorizing subdivision, shall first file a written application with the governing body of the authorizing subdivision, which shall contain all of the following:
(1) A statement that the applicants propose to incorporate the authority pursuant to this chapter.
(2) A statement of the proposed location of the principal office of the authority, which shall be within the corporate limits of a municipality or geographical limits of a county.
(3) A general description of the proposed project.
(4) A map or legal description or other description of the proposed local redevelopment area.
(5) A statement that each of the applicants is a duly qualified elector residing in the authorizing subdivision.
(6) A request that the governing body of the authorizing subdivision 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 11-92C-4.
(7) A signed letter of authorization from the Governor and the Chair of the Alabama Job Creation and Military Stability Commission designating the project as a project eligible for the benefits of this chapter.
(b)(1) Every application shall be accompanied by supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the application in accordance with this section, the governing body of the authorizing subdivision shall review the contents of the application, and shall adopt a resolution either:
a. Denying the application.
b. Declaring that its approval of the application will benefit the authorizing subdivision, as applicable, and will facilitate the retention, development, or redevelopment of an existing military installation or area contiguous to the military installation, and that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by filing for record of a certificate of incorporation in accordance with Section 11-92C-4.
(2) The governing body with which the application is filed shall also include a copy of the application in the minutes of the meeting of the governing body at which final action upon the application is taken.
(Act 2020-72, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-5 - Amendments to Certificate of Incorporation.

Section 11-92C-5
Amendments to certificate of incorporation.
(a) The certificate of incorporation of an authority incorporated under this chapter 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 set forth in full in the resolution. The 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 an 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 authorizing subdivision, requesting the 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 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 authorizing subdivision pursuant to this subsection, the governing body shall review the application and shall adopt a resolution either denying the application or authorizing the proposed amendment. The governing body shall also cause to be 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 authorizing subdivision 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 a certificate for record in the office of the judge of probate of the county of incorporation in the name of and on 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 record the certificate in an appropriate book in his or her office. When the certificate has been filed and recorded, the amendment shall become effective and the certificate of incorporation shall 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 2020-72, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-6 - Board of Directors to Govern Each Authority.

Section 11-92C-6
Board of directors to govern each authority.
(a) All powers of an authority shall be exercised by the board or pursuant to its authorization. The board shall consist of three or more directors, who shall be elected by the governing body of the authorizing subdivision for staggered terms as provided in this section.
(b) At the time of the election of the first board, the governing body of the authorizing subdivision shall divide the directors into three groups containing as nearly equal whole numbers as may be possible. The governing body of the authorizing subdivision shall specify for which term each director is elected. The initial term of office of the first group shall be two years. The initial term of office of the second group shall be four years. The initial term of office of the third group shall be six years.
(c) 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 has not been elected, the director whose term of office has expired shall continue to hold office until his or her successor has been elected. If at any time there is a vacancy on the board, a successor director shall be elected by the governing body of the authorizing subdivision to serve for the unexpired term applicable to the vacancy.
(d) Each director shall be a duly qualified elector residing in the authorizing subdivision. 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. Except as provided in the preceding sentence, no director shall be compensated for serving as a director of the authority.
(e) Any director of an 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 of 1901, and the general laws of the state for impeachment and removal of the officers.
(Act 2020-72, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-7 - Officers of Authority.

Section 11-92C-7
Officers of authority.
The officers of an authority shall consist of a chair, vice chair, secretary, treasurer, and other officers as its 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 an authority shall be elected by the board from the membership thereof; the secretary, the treasurer, and any other officers of the authority may be members of the board and shall also be elected by the board. The chair, vice chair, secretary, and treasurer of an authority shall also be the chair, vice chair, secretary, and treasurer of the board, respectively.
(Act 2020-72, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-10 - Proceeds From the Sale of Bonds.

Section 11-92C-10
Proceeds from the sale of bonds.
All moneys derived from the sale of any bonds issued by an authority shall be used solely for the purpose or purposes for which the same are authorized, including, but not limited to, the use of bond proceeds to establish reserve funds as security for the payment of the principal, premium, as applicable, and interest on the bonds, and any costs and expenses incidental thereto. The costs and expenses may include, but shall not be limited to the following:
(1) The underwriting, fiscal, engineering, legal, and other expenses incurred in connection with the issuance of the bonds.
(2) Except in the case of refunding bonds, interest to accrue on the bonds for a period ending not later than two years from their date.
(Act 2020-72, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-11 - Refunding Bonds.

Section 11-92C-11
Refunding bonds.
Any bonds issued by an authority may from time to time be refunded by the issuance, 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 bonds that are to be so redeemed in connection with 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. Unless duly called for redemption pursuant to provisions contained therein, the holders of any bonds then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding bonds for refunding. Any refunding bonds may be sold by the authority at public or private sale at the 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 refunding bonds may be executed and delivered by the authority at any time and from time to time, shall be in the form and denominations and have the tenor and maturities, shall contain provisions not inconsistent with this chapter, and shall bear the rate or rates of interest, payable and evidenced in the manner as may be provided by resolution of its board. Any refunding bonds issued by an authority shall be issued and may be secured in accordance with Section 11-92C-9.
(Act 2020-72, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-12 - Notice of Bond Resolution.

Section 11-92C-12
Notice of bond resolution.
(a) Upon the adoption by the board of an authority of any resolution providing for the issuance of bonds, the authority may publish once a week for two consecutive weeks, in a newspaper published and having general circulation in the geographical area of the authorizing subdivision, a notice in substantially the following form, the blanks properly filled in, at the end of which shall be printed the name and title of either the chair or secretary of the authority.
"The _____ Local Redevelopment 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 by the state law 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."
(b) A newspaper shall be deemed to be published in the geographical area of the authorizing subdivision, within the meaning of this section, if its principal editorial office is located in the geographical area of the authorizing subdivision.
(c) 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 bonds, or the validity of any agreements relating to any payment in lieu of taxes, fees, charges, and any pledge and mortgage and deed of trust or trust indenture made therefor, must be commenced within 30 days after the first publication of the notice. After the expiration of that 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 that period.
(Act 2020-72, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-14 - Liability of Authorizing Subdivision.

Section 11-92C-14
Liability of authorizing subdivision.
An authorizing subdivision 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 an authority, and none of the bonds of the authority or any of its agreements or obligations shall be construed to constitute indebtedness of the authorizing subdivision within the meaning of any constitutional or statutory provision.
(Act 2020-72, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-16 - Exemption From Usury Laws.

Section 11-92C-16
Exemption from usury laws.
An 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 2020-72, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-17 - Exemption From Competitive Bid Laws.

Section 11-92C-17
Exemption from competitive bid laws.
An authority, a cooperative district of which the authority is a member, and any private user, and all contracts made by them are 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 or any public works, including, but without limitation to, Article 3, commencing with Section 41-16-50, of Chapter 16 of Title 41, as amended from time to time, and Chapter 2 of Title 39, as amended from time to time.
(Act 2020-72, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-18 - Freedom of Authority From State Supervision and Control.

Section 11-92C-18
Freedom of authority from state supervision and control.
This chapter is intended to aid the state through the furtherance of the purposes of this chapter by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly provided in this chapter, no proceeding, notice, or approval shall be required for the incorporation of the authority or the amendment of its certificate of incorporation, the issuance of any bonds, the execution of any mortgage and deed of trust or trust indenture, or the exercise of any other of its powers. Neither a public hearing nor the consent of Alabama State Department of Finance shall be a prerequisite to the issuance of bonds by the authority.
(Act 2020-72, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-19 - Earnings of Authority.

Section 11-92C-19
Earnings of authority.
An authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event the board shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the authority, then any net earnings of the authority thereafter accruing shall be paid to the authorizing subdivision or private user for the creation and maintenance of the project.
(Act 2020-72, §19.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-20 - Dissolution of Authority and Vesting of Title to Property.

Section 11-92C-20
Dissolution of authority and vesting of title to property.
At any time when an authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon filing for record of a certified copy of the resolution in the office of the judge of probate of the county in which the authority was formed pursuant to Section 11-92C-4, the authority shall 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 the authorizing subdivision or private user as required by any agreement with any private user.
(Act 2020-72, §20.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-21 - Existence of Authority Not to Prevent Subsequent Incorporation of Another Authority.

Section 11-92C-21
Existence of authority not to prevent subsequent incorporation of another authority.
The existence of one or more authorities incorporated under this chapter shall not prevent the subsequent incorporation under this chapter of another authority or the amendment of the certificate of incorporation of another authority pursuant to authority granted by the same county, counties, municipality or municipalities, public corporation or public corporations, or by the same combination thereof, even though the project described in the certificate of incorporation, as originally filed or amended, of any existing authority may include a project proposed by an authority that is proposed to be incorporated under this chapter or that proposes to amend its certificate of incorporation under this chapter.
(Act 2020-72, §21.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 92C › Section 11-92C-22 - Establishment and Revision of Rentals, Licenses, Rates, Fees, and Charges for Services or Facilities Rendered by Authority.

Section 11-92C-22
Establishment and revision of rentals, licenses, rates, fees, and charges for services or facilities rendered by authority.
Rates, fees, charges, rentals, and licenses for services rendered by an authority, a cooperative district of which the authority is a member, or a private user or facilities provided by the authority, a cooperative district of which the authority is a member, or a private user from any of their projects shall be so fixed and, from time to time, revised as at all times to provide funds at least sufficient, taking into account other sources for the payment thereof, to:
(1) Pay the cost of operating, maintaining, repairing, replacing, extending, and improving the project or projects of the authority, a cooperative district of which the authority is a member, or any private user.
(2) Pay the principal of and the interest on all bonds issued and obligations assumed by the authority, a cooperative district of which the authority is a member, or any private user that are payable out of the revenues derived from operation of the project or projects of the authority, a cooperative district of which the authority is a member, or any private user as the principal and interest become due and payable.
(3) Create and maintain reserves for the purposes of subdivision (1) or (2) or any purpose as may be provided in any trust indenture executed by the authority, a cooperative district of which the authority is a member, or any private user under this chapter or in any resolutions or agreements of the board authorizing the issuance of bonds, the assumption of any obligation, or the acquisition of the project.
(4) Make annual payments, if any, to the United States of America or any agency or instrumentality thereof, the state, municipalities, counties, departments, authorities, agencies, and political subdivisions of the state, and any public corporations organized under the laws of the state as the authority, a cooperative district of which the authority is a member, or any private user may have contracted to make.
(Act 2020-72, §22.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 93 - Tort Claims and Judgments Against Local Governmental Entities. › Section 11-93-1 - Definitions.

Section 11-93-1
Definitions.
For the purposes of this chapter, the following terms shall have the meanings ascribed to them by this section:
(1) GOVERNMENTAL ENTITY. Any incorporated municipality, any county, and any department, agency, board, or commission of any municipality or county, municipal or county public corporations, and any such instrumentality or instrumentalities acting jointly. "Governmental entity" shall also include county public school boards, municipal public school boards and city-county school boards when such boards do not operate as functions of the State of Alabama. "Governmental entity" shall also mean county or city hospital boards when such boards are instrumentalities of the municipality or county or organized pursuant to authority from a municipality or county.
(2) EMPLOYEE. An officer, official, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of any governmental entity in any official capacity, temporarily or permanently, in the service of the governmental entity, whether with or without compensation, but the term "employee" shall not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which this chapter applies in the event of a claim.
(3) BODILY INJURY. Any bodily injury, sickness, disease, or death sustained by any person or caused by an occurrence.
(4) PROPERTY DAMAGE. Injury or destruction to tangible property caused by an occurrence.
(5) CLAIM. Any claim against a governmental entity, for money damages only, which any person is legally entitled to recover as damages caused by bodily injury or property damage caused by a negligent or wrongful act or omission committed by any employee of the governmental entity while acting within the scope of his employment, under circumstances where the governmental entity, if a private person, would be liable to the claimant for such damages under the laws of the State of Alabama.
(Acts 1977, No. 673, p. 1161, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 93 - Tort Claims and Judgments Against Local Governmental Entities. › Section 11-93-2 - Maximum Amount of Damages Recoverable Against Governmental Entities; Settlement or Compromise of Claims Not to Exceed Maximum Amounts.

Section 11-93-2
Maximum amount of damages recoverable against governmental entities; settlement or compromise of claims not to exceed maximum amounts.
The recovery of damages under any judgment against a governmental entity shall be limited to $100,000.00 for bodily injury or death for one person in any single occurrence. Recovery of damages under any judgment or judgments against a governmental entity shall be limited to $300,000.00 in the aggregate where more than two persons have claims or judgments on account of bodily injury or death arising out of any single occurrence. Recovery of damages under any judgment against a governmental entity shall be limited to $100,000.00 for damage or loss of property arising out of any single occurrence. No governmental entity shall settle or compromise any claim for bodily injury, death or property damage in excess of the amounts hereinabove set forth.
(Acts 1977, No. 673, p. 1161, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 93 - Tort Claims and Judgments Against Local Governmental Entities. › Section 11-93-3 - Liability of Governmental Units Not Extended.

Section 11-93-3
Liability of governmental units not extended.
This chapter is not intended and shall not be construed to subject any governmental entity to liability for tort claims where liability therefor does not already exist by law. It shall not authorize any governmental entity to be sued where such authorization does not already exist by law.
(Acts 1977, No. 673, p. 1161, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-2 - Legislative Intent; Liberal Construction of Chapter.

Section 11-94-2
Legislative intent; liberal construction of chapter.
(a) It is the intention of the Legislature by the passage of this chapter to authorize the incorporation of authorities as nonprofit public corporations to develop waterfront property for recreational, transportational, agricultural, industrial and commercial purposes by financing, acquiring, enlarging, improving, replacing, owning, operating, selling, leasing, and disposing of a project or projects or any part thereof. It is the further intent of the Legislature by the passage of this chapter to vest an authority with all powers that may be necessary to enable it to accomplish such purposes.
(b) This chapter shall be liberally construed in conformity with the said intention.
(Acts 1980, No. 80-647, p. 1220, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-3 - Application for Incorporation of Authority; Approval by Local Governing Bodies and State Docks Department.

Section 11-94-3
Application for incorporation of authority; approval by local governing bodies and State Docks Department.
Whenever any number of natural persons not less than three shall file with the governing body of a county and with the governing body of any municipality located, in whole or in part, in such county, an application in writing for authority to incorporate a public corporation under the provisions of this chapter and shall attach to such application a proposed form of certificate of incorporation for such corporation, said governing bodies shall each proceed to consider such application. If said governing bodies shall each by appropriate resolution duly adopted, find and determine that each applicant was a duly qualified elector of and taxpayer in the county in which the application was filed and that it is wise, expedient, necessary or advisable that the authority be formed, shall authorize the persons making such application to proceed to form such authority and shall approve the form of certificate of incorporation proposed to be used in organizing such authority, then the persons making such application shall execute, acknowledge and file a certificate of incorporation for the authority as provided in Section 11-94-4.
No authority shall be formed unless such application shall have first been filed as hereinabove provided and the governing bodies of the authorizing subdivisions shall each have adopted resolutions as provided in this section. Provided, however, said authority must also be approved by the Alabama State Docks Department.
(Acts 1980, No. 80-647, p. 1220, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-4 - Certificate of Incorporation - Contents; Execution and Acknowledgment.

Section 11-94-4
Certificate of incorporation - Contents; execution and acknowledgment.
(a) The certificate of incorporation shall set forth:
(1) The names and resident addresses of the applicants together with a recital that each of them is a duly qualified elector of and taxpayer in the county;
(2) The name of the authority which shall be _____ Port Authority (the blank spaces to be filled in with the names of the authorizing subdivisions if such names shall be available for use by the authority, and if not available then the incorporators shall designate some other similar name that is available);
(3) A recital that permission to organize the authority has been granted by resolution duly adopted by the governing body of each authorizing subdivision and the Alabama State Docks Department and the respective dates of adoption of said resolutions;
(4) The location of the principal office of the authority (which shall be in the municipality) and its post office address;
(5) A statement that the authority is organized for the purposes set forth in this chapter with all the powers and authorities specified in this chapter;
(6) The geographical boundaries of the authority's jurisdiction, which shall be the boundaries of the county that is the authorizing subdivision or, if the authorizing subdivision is a municipality, the county in which such municipality is located;
(7) The period, if any, for the duration of the authority (if the duration is to be perpetual that fact shall be so stated); and
(8) Any other matter which the applicants may choose to insert therein which shall not be inconsistent with this chapter or with the laws of the State of Alabama.
(b) The certificate of incorporation shall be subscribed and acknowledged by each of the applicants before an officer or officers authorized by the laws of the State of Alabama to take acknowledgments to deeds.
(Acts 1980, No. 80-647, p. 1220, §4; Act 2007-285, p. 512, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-5 - Certificate of Incorporation - Filing With Probate Judge; Examination, Approval, and Recordation by Probate Judge; Recordation as Conclusive Evidence.

Section 11-94-5
Certificate of incorporation - Filing with probate judge; examination, approval, and recordation by probate judge; recordation as conclusive evidence.
When executed and acknowledged in conformity with Section 11-94-4, the certificate of incorporation shall be filed with the judge of probate of the county which is an authorizing subdivision. The judge of probate shall thereupon examine the certificate of incorporation and, if he finds that the recitals contained therein are correct, that the requirements of Section 11-94-4 have been complied with, and that the name is not identical with or so nearly similar to that of another corporation already in existence in this state so as to lead to confusion and uncertainty, he shall approve the certificate of incorporation and record it in an appropriate book or record in his office. The recording of the certificate of incorporation shall be conclusive evidence that the required findings and approvals have been made.
When such certificate has been so made, approved and filed, the applicants shall constitute a public corporation under the name set forth in the certificate of incorporation.
(Acts 1980, No. 80-647, p. 1220, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-6 - Certificate of Incorporation - Amendment Procedure; Recordation of Amendment as Conclusive Evidence.

Section 11-94-6
Certificate of incorporation - Amendment procedure; recordation of amendment as conclusive evidence.
The certificate of incorporation may at any time and from time to time be amended so as to make any changes therein and add any provisions thereto which might have been included in the certificate of incorporation in the first instance.
Such an amendment shall be effected in the following manner: The board of the authority shall file with the governing body of each authorizing subdivision a resolution seeking permission to amend the certificate of incorporation, specifying in such resolution the amendment proposed to be made. The governing body of each authorizing subdivision shall consider such resolution and, if each of them shall by appropriate resolution duly find and determine that it is wise, expedient, necessary, or advisable that the proposed amendment be made and shall authorize the same to be made and shall approve the form of the proposed amendment, then the authority shall cause to be executed an instrument embodying the proposed amendment and shall file the same with the judge of probate of the county in which the certificate of incorporation was originally filed. The proposed amendment shall be subscribed and acknowledged by its president or vice president before an officer authorized by the laws of Alabama to take acknowledgments to deeds. Such judge of probate shall thereupon examine the proposed amendment and, if he finds that the requirements of this section have been complied with and the proposed amendment is within the scope of what might be included in an original certificate of incorporation, he shall approve the amendment and record it in an appropriate book in his office. When such amendment has been so made, approved, and filed, it shall thereupon become effective and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment. No certificate of incorporation shall be amended except in the manner provided in this section. The recording of the amendment shall be conclusive evidence that the requisite findings and approvals have been made.
(Acts 1980, No. 80-647, p. 1220, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-8 - Officers of Authority.

Section 11-94-8
Officers of authority.
The officers of an authority shall consist of a president, a vice president, a secretary, a treasurer, and such other officers as the board may determine. The office of secretary and treasurer may be held by the same person. All officers shall be elected by the board and shall be members of the board.
(Acts 1980, No. 80-647, p. 1220, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-11 - Bonds of Authority - Execution.

Section 11-94-11
Bonds of authority - Execution.
All bonds shall be signed by the president or vice president and the secretary or treasurer of the authority and the seal of the authority shall be affixed thereto; provided that a facsimile of the signature of one, but not both, of the officers whose signatures will appear on the bonds may be imprinted thereon in lieu of his manually signing the same; and provided further, that a facsimile of the seal of the authority may be imprinted or otherwise reproduced on the bonds in lieu of being manually affixed thereto. Coupons shall be signed by the president or vice president and the secretary or treasurer of the authority, but a facsimile of the signature of such president or vice president and such secretary or treasurer may be imprinted on any such interest coupons in lieu of their manually signing the same. Delivery of bonds so executed shall be valid notwithstanding any changes in officers or in the seal of the authority after the signing and sealing of the bonds.
(Acts 1980, No. 80-647, p. 1220, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-13 - Bonds of Authority - Application of Proceeds.

Section 11-94-13
Bonds of authority - Application of proceeds.
The proceeds derived from the sale of any bonds shall be applied as provided in the proceedings in which the bonds are authorized to be issued, including without limitation, the payment of all legal, fiscal and recording fees and expenses incurred in connection with the authorization, sale and issuance of the bonds and if so provided in the proceedings authorizing their issuance, interest on said bonds (or, if a part only of any issue of bonds is issued for acquisition purposes, interest on that portion of the bonds of that issue that is issued to pay acquisition costs) for a reasonable period prior to and during the time required for the acquisition, construction and equipping of the project and for a period not exceeding 18 months after the completion thereof. An authority may provide in the proceedings authorizing the issuance of bonds for the capitalization of a debt service reserve and/or a replacement and extension reserve from the proceeds of its bonds.
(Acts 1980, No. 80-647, p. 1220, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-14 - Refunding Bonds.

Section 11-94-14
Refunding bonds.
An authority may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and the interest on any bonds of the authority theretofore issued hereunder and then outstanding, whether or not such principal and interest shall have matured at the time of such refunding, and for the payment of any expenses incurred in connection with such refunding and any premium necessary to be paid in order to redeem, retire or purchase for retirement the bonds to be refunded. The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were authorized to be issued. Any such refunding may be effected either by sale of the refunding bonds and the application of the proceeds thereof, or by exchange of the refunding bonds for the bonds or interest coupons to be refunded thereby; provided that the holders of any bonds or coupons so to be refunded shall not be compelled without their consent to surrender their bonds or coupons for payment or exchange prior to the date on which they may be paid or redeemed by call of the authority under their respective provisions. All provisions of this chapter pertaining to bonds of an authority that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to refunding bonds issued by such authority. An authority may at any time and from time to time issue bonds both for the purpose of so refunding the principal of and the interest on any of its bonds and for any other purpose for which it is authorized to issue bonds, in which event the provisions hereof respecting refunding bonds shall apply only to that portion of such combined issue authorized for refunding purposes and the provisions thereof respecting other financing shall apply to the remaining portion of such combined issue.
(Acts 1980, No. 80-647, p. 1220, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-15 - Liability of Authorizing Subdivisions Upon Bonds, Obligations and Agreements of Authority; Other Actions by Authorizing Subdivisions to Attain Objectives of Chapter.

Section 11-94-15
Liability of authorizing subdivisions upon bonds, obligations and agreements of authority; other actions by authorizing subdivisions to attain objectives of chapter.
(a) Neither of the authorizing subdivisions of an authority shall in any event be liable for the payment of the principal of, interest and premium, if any, on any bonds of an authority or for the performance of any pledge, assignment, indenture, obligation or agreement of any kind whatsoever which may be undertaken by an authority and none of the bonds of an authority or any of its agreements or obligations shall be construed to constitute an indebtedness of any authorizing subdivision within the meaning of any constitutional or statutory provision whatsoever.
(b) For the purpose of attaining the objectives of this chapter, either of the authorizing subdivisions, any other county or municipality of the state, and any other political subdivision, public corporation, agency or instrumentality of the state or of a county or municipality may, upon such terms and with or without consideration, as it may determine, do any or all of the following:
(1) Lend or donate money to any authority or perform services for the benefit thereof;
(2) Donate, sell, convey, transfer, lease or grant to any authority, without the necessity of authorization at any election of qualified voters, any property of any kind; and
(3) Do any and all things, whether or not specifically authorized in this section, not prohibited by this chapter and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with any authority in attaining the objectives of this chapter.
(c) Also for the purpose of attaining the objectives of this chapter, any of the authorizing subdivisions, any other counties or municipalities of the state, and any other political subdivisions, public corporations, agencies or instrumentalities of the state or of a county or municipality may
(1) Borrow money (on its or their general credit or otherwise) for the purpose of lending or donating all or any portion of such money to an authority or for the purpose of otherwise assisting an authority in any other way contemplated by this chapter, which borrowing may be evidenced by interest-bearing bonds, warrants, notes or other securities, and
(2) Enter into contracts or agreements between or among themselves whereby
a. One such contracting party will agree to borrow money for any such purpose or purposes, and
b. The other contracting party or parties will obligate itself or themselves to pay to or for the account of the party agreeing so to borrow money, any specified portion of the amount borrowed, including interest thereon.
(Acts 1980, No. 80-647, p. 1220, §15; Acts 1986, No. 86-562, p. 1143, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-16 - Disposition of Net Earnings.

Section 11-94-16
Disposition of net earnings.
Each authority organized hereunder shall be a nonprofit public corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event its board shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the authority, then any net earnings of an authority thereafter accruing shall be paid in equal amounts to its authorizing subdivisions.
(Acts 1980, No. 80-647, p. 1220, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-17 - Bonds of Authority as Legal Investments.

Section 11-94-17
Bonds of authority as legal investments.
Bonds issued under this chapter are hereby made legal investments for executors, administrators, trustees and other fiduciaries and for savings banks and insurance companies organized under the laws of the State of Alabama.
(Acts 1980, No. 80-647, p. 1220, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-18 - Dissolution of Authority; Vesting of Title to Funds and Property of Authority.

Section 11-94-18
Dissolution of authority; vesting of title to funds and property of authority.
Whenever the board of any authority shall by resolution determine that the purposes for which the authority was formed have been substantially complied with and any bonds theretofore issued and all obligations theretofore incurred by the authority have been paid, the authority shall thereupon execute and file for record in the office of the judge of probate of the county in which its certificate of incorporation was filed a certificate of dissolution reciting such facts and declaring the authority to be dissolved. Such certificate of dissolution shall be signed by the president or vice president of the authority under its corporate seal.
Upon the filing of such certificate of dissolution the authority shall stand dissolved, the title to all funds and properties owned by it at the time of such dissolution shall vest in equal shares in its authorizing subdivisions and the possession of such funds and properties shall forthwith be delivered to such authorizing subdivisions.
(Acts 1980, No. 80-647, p. 1220, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 94 - Port Authorities. › Section 11-94-19 - Exemption From Taxation and Fees.

Section 11-94-19
Exemption from taxation and fees.
Each authority incorporated under this chapter and all properties at any time owned by it and the income therefrom and all bonds issued by it and the income therefrom shall be exempt from all taxation in the State of Alabama, including, without limitation, ad valorem, sales, excise, license, and privilege taxes. The certificate of incorporation of each authority, the certificate of dissolution of each authority, all deeds or other documents whereby properties are conveyed to an authority and all deeds, indentures, or leases executed by an authority may be filed for record in the office of the judge of probate of the county in which the authority is organized without the payment of any tax or fees other than such fees as may be authorized by law for the recording of such instrument.
(Acts 1980, No. 80-647, p. 1220, §19.)