reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-10 - Powers and Duties of Planning Commission Generally; Special Surveys or Studies; Right of Entry Upon Lands for Preparation of Examinations and Surveys.

Section 11-19-10
Powers and duties of planning commission generally; special surveys or studies; right of entry upon lands for preparation of examinations and surveys.
(a) It shall be the function and duty of the county planning commission to make and maintain comprehensive surveys and studies of existing conditions and probable future developments in the flood-prone area of the county and to prepare comprehensive plans for physical, social, and economic growth as will best promote the public health, safety, morals, convenience, prosperity, or the general welfare as well as efficiency and economy in the development of the flood-prone area of the county. The county planning commission shall have the authority to:
(1) Promote public interest and understanding of the economic and social necessity for long-term, coordinated county planning.
(2) Confer and cooperate with the federal, state, municipal, and other county and regional authorities regarding matters pertaining to or affecting the planning or development of said county, or vice versa, for the purpose of assuring proper coordination of county development with that of other political subdivisions.
(3) Prepare and recommend for adoption to the appropriate county commission or authorities a zoning ordinance and map for the flood-prone area of the county.
(4) Prepare and recommend for adoption to the appropriate county commission or authorities regulations for the subdivision of land within the flood-prone areas of the county jurisdiction and administer the regulations that they may be adopted.
(b) Upon request of the county planning commission, the county commission may, from time to time, for the purpose of special surveys under the direction of the county planning commission, assign to the county planning commission members of the staff or the personnel of any county administrative department, bureau, or agency or may direct any such department, bureau, or agency to make special surveys or studies for the county planning commission. All public officials, departments, and agencies may upon request furnish the county planning commission within a reasonable time with such available information as it may require for its work. The county planning commission, its members, officers, and employees, in the performance of their functions may enter upon any land and make necessary examinations and surveys. In general, the commission shall have such powers as may be appropriate to enable it to fulfill its functions and duties.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-11 - Subdivision Regulations - Procedure for Adoption; Certification of Adopted Regulations to Probate Judge.

Section 11-19-11
Subdivision regulations - Procedure for adoption; certification of adopted regulations to probate judge.
The county commission is hereby authorized to enact an ordinance regulating the platting and recording of any subdivision of land as defined by this chapter lying within the flood-prone area of the county. The county planning commission shall have the authority to prepare and submit to the county commission for its consideration and adoption regulations governing the subdivision of land within its jurisdiction. Before the county commission may adopt subdivision regulations or any amendment thereto under the provisions of this chapter, the said county commission shall hold a public hearing on the proposed regulations. A notice of said public hearing shall be given once a week for two consecutive weeks in a newspaper of general circulation in the county, and a copy of the proposed subdivision regulations shall be made available to any interested person before said public hearing. A copy of the subdivision regulations as adopted shall be certified to the office of the judge of probate.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-12 - Subdivision Regulations - Scope and Contents.

Section 11-19-12
Subdivision regulations - Scope and contents.
In exercising the powers granted to it by this chapter, the county planning commission shall prepare and recommend to the county commission for adoption regulations governing the subdivision of land within the flood-prone area of the county. Such regulations may provide for the harmonious development of the flood-prone area of the county; for the coordination of streets within subdivisions with other existing or planned streets; for the size of blocks and lots; for the dedication or reservation of land for streets, school sites, and recreation areas and of easements for utilities and other public services and facilities; and, for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, prosperity, or general welfare.
Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced, and improved, and water, sewers, septic tanks, as required by state health regulations, and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of the plat. Such regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the county commission may accept a bond in any amount and surety and conditions satisfactory to it, providing for and securing to the county the actual construction and installations of such improvements and utilities within a period specified by the county planning commission and expressed in the bond, and the county is hereby granted the power to enforce such bonds by all appropriate legal and equitable remedies.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-13 - Approval of Plats of Subdivision Before Recordation - When Required.

Section 11-19-13
Approval of plats of subdivision before recordation - When required.
Whenever subdivision regulations have been adopted by the county commission as provided in Section 11-19-11, then no plat of a subdivision that lies within the flood-prone area of the county shall be filed or recorded in the office of the judge of probate of the county until it shall have been submitted to and approved by the county planning commission and such approval entered in writing on the plat by the chairman and secretary of the county planning commission.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-14 - Approval of Plats of Subdivision Before Recordation - Procedure for Approval, Etc.

Section 11-19-14
Approval of plats of subdivision before recordation - Procedure for approval, etc.
The county planning commission shall act to approve or disapprove a subdivision plat within 30 days after its submission; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the county planning commission on demand; provided, however, that the applicant for the commission's approval may waive this requirement and consent to an extension of such period. The grounds for disapproval of any plat shall be stated upon the records of the county planning commission. Any plat submitted to the county planning commission shall contain the name and address of a person to whom notice of a hearing shall be sent, and no plat shall be acted on by the commission without a public hearing thereon. Notice shall be sent to the said address by registered or certified mail of the time and place of such hearing not less than five days before the date fixed therefor. Similar notice shall be mailed to the owners of land immediately adjoining the platted land as their names appear upon the plats in the county tax assessor's office or on the tax records of the county. Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-15 - Transferring, Sale, etc., of Lands in Subdivision Prior to Approval of Plat.

Section 11-19-15
Transferring, sale, etc., of lands in subdivision prior to approval of plat.
Whoever, being the owner or agent of the owner of any land located within a subdivision within the flood-prone areas transfers or sells or agrees to sell or negotiates to sell any land by reference to, or exhibition of or by other use of a plat of a subdivision before such plat has been approved by the county planning commission and recorded or filed in the office of the judge of probate shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law, and the description of such lot or parcel by metes and bounds in the instrument of transfer or conveyance or other document used in the process of selling or transferring shall not exempt the transaction from the penalties or remedies provided in this chapter. The county commission may enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction or may recover the same penalty by a civil action in any court of competent jurisdiction.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-16 - Grant of Zoning Powers; Scope of Powers.

Section 11-19-16
Grant of zoning powers; scope of powers.
For the purpose of promoting the health, safety, morals, convenience, order, prosperity, and general welfare of the state and counties, any county commission is hereby empowered to divide the portion of the county within the flood-prone area of the county into districts of such number, shape, and area as may be found best suited to carry out the purposes of this chapter and to provide within such districts for standards relating to the location, bulk, height, minimum elevation, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts and other open spaces, the density and distribution of population, the uses of buildings and structures and of land for trade, residence, recreation, agriculture, forestry, conservation, water supply, sanitation, floodways, public activities, and other purposes.
Such provisions shall be made in accordance with a comprehensive plan of the flood-prone area and shall be designed to lessen congestion in the streets and highways; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water supply, sewerage, schools, parks, and other public requirements.
Such provisions shall be made with reasonable consideration, among other things, of the character of the land and district and its peculiar suitability for particular uses and with a view of promoting desirable living conditions, sustaining the stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings, and encouraging the most appropriate use of land and of buildings and structures throughout the flood-prone area of the county.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-17 - Manner in Which Territory Zoned.

Section 11-19-17
Manner in which territory zoned.
For the purpose of providing for the division of the territory into districts, consonant with the conditions provided in this section, the county planning commission may make and certify to the county commission a single zoning plan for all the territory of the area which lies within the jurisdiction of the county planning commission or may make and certify separate and successive zoning plans for parts of the flood-prone area for which technical information is available or which for other reasons it deems to have appropriate territorial unity for a zoning plan, and correspondingly any zoning ordinance or resolution enacted by the county commission may cover and include the whole territory lying within its jurisdiction or such territory as the county commission deems to be an appropriate territorial unit for a zoning plan; provided, that no resolution governing more or less than the entire area shall be enacted or put into effect until it is first submitted to the county planning commission for additional review and comment.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-18 - Procedure for Preparation, Adoption, Amendment, etc., of Zoning Ordinance and Map.

Section 11-19-18
Procedure for preparation, adoption, amendment, etc., of zoning ordinance and map.
(a) The planning commission shall have the duty of preparing a zoning plan, including both the written provisions of the ordinance and a map or maps showing the district boundaries. The commission may hold such public hearings as it deems necessary concerning the zoning ordinance. It shall certify the zoning ordinance and map to the county commission.
On receipt of a zoning ordinance and map from the county planning commission, the county commission shall hold a public hearing thereon, after which it may adopt the zoning ordinance and map as recommended, adopt it with modifications, or reject it.
(b) The zoning ordinance, including the map or maps, may from time to time be amended, supplemented, changed, modified, or repealed. No amendment shall become effective unless it first is submitted to the county planning commission for its recommendations; failure of the county planning commission to make recommendations for a period of 30 days after the amendment has been referred to it shall constitute a favorable recommendation. No amendment may be adopted until after a public hearing thereon as prescribed above.
(c) A notice of any public hearing required by this section shall be given once a week for two consecutive weeks in a newspaper published in the county or, if there be no newspaper published in the county, by posting such notice at four public places in the county, said notice to be published the first time or posted not less than 15 days prior to the date fixed for said hearing. Said notice of public hearing shall include:
(1) Date of hearing;
(2) Location of hearing;
(3) Location where proposed amendment may be reviewed by the public; and,
(4) Time of public hearing.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-20 - Appeals From Final Judgment of Board of Adjustment.

Section 11-19-20
Appeals from final judgment of board of adjustment.
Any party aggrieved by any final judgment or decision of a board of adjustment established pursuant to the provisions of this chapter may within 15 days thereafter appeal therefrom to the court having jurisdiction within the county wherein the affected property of the aggrieved party is located by filing with such board a written notice of appeal specifying the judgment or decision from which appeal is taken. In case of such appeal, such board shall cause a transcript of the proceedings in the action to be certified to the court to which the appeal is taken and the action in such court shall be tried de novo.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §21.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-21 - Institution of Actions to Prevent, Correct, etc., Unauthorized Construction of Buildings, Subdivision or Use of Lands, Etc.

Section 11-19-21
Institution of actions to prevent, correct, etc., unauthorized construction of buildings, subdivision or use of lands, etc.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any subdivision is established or land used in violation of this chapter or of any ordinance or other regulation made under the authority conferred hereby, the county attorney, or other appropriate administrative officer of the county in which the violation occurs may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or subdivision of the land or use of the land to restrain, correct, or abate such violation, or to prevent the occupancy of any such building, structure, or subdivision of land or to prevent any illegal act, conduct, business, or misuse in or upon any premises regulated under the authority conferred by this chapter.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §20.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-22 - Penalties for Violations of Provisions of Chapter, Ordinances, Etc.

Section 11-19-22
Penalties for violations of provisions of chapter, ordinances, etc.
Any person, firm, corporation or agency who, in violation of this chapter, fails to obtain the permit required herein or who violates any provision of the building code or zoning ordinances or other regulation, ordinance, or code shall be guilty of a misdemeanor and, upon conviction, may be fined not more than $500.00, or may be imprisoned in the county jail for not more than one year or may be both fined and imprisoned.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §23.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-23 - Conflict of Certain Regulations Under Chapter With Other Local Ordinances, Regulations, Etc.

Section 11-19-23
Conflict of certain regulations under chapter with other local ordinances, regulations, etc.
Wherever the regulations made under authority of this chapter require a greater width or size of yards or open spaces, or require a lower height of buildings, or require a greater percentage of lot to be left unoccupied. or impose other higher standards than are required in any other local statute or like ordinance or regulation, the provisions of the regulations made under the authority of this chapter shall govern.
Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or other open space, or require a lower height of buildings, or require a greater percentage of lot to be left unoccupied. or impose other higher standards than are required by regulations made under authority of this chapter, the provisions of such statute or local ordinance or regulation shall govern.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §22.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 19 - Comprehensive Land-Use Management in Flood-Prone Areas. › Section 11-19-24 - Construction of Chapter Not to Impair Right of Eminent Domain, etc., Granted to Utilities.

Section 11-19-24
Construction of chapter not to impair right of eminent domain, etc., granted to utilities.
This chapter shall not be construed to impair the right of eminent domain granted heretofore or hereafter by the laws of this state to utilities, whether public or private, or their right to design, locate, erect, construct, reconstruct, alter, or maintain utility poles, towers, lines, conduits, pipes, or mains reasonably required in the public service or their right to exercise authority conferred by statute, franchise, certificate of convenience and necessity, license, or easement.
(Acts 1971, 3rd Ex. Sess., No. 119, p. 4346, §24.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-1 - Definitions.

Section 11-20-1
Definitions.
Wherever used in this article, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, here shall be given the following respective interpretations:
(1) PROJECT. Any land and any building or other improvement thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:
a. Any industry for the manufacturing, processing or assembling of any agricultural or manufactured products; and
b. Any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining or industry, but does not include facilities designed for the sale or distribution to the public of electricity, gas, water or telephone or other services commonly classified as public utilities; provided, that in all counties having populations of not less than 54,500 nor more than 56,000 according to the most recent federal decennial census, such term shall also include any land and any building or other improvement thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the federal government or any department or agency thereof as a facility for any federal governmental operation in any such county.
(2) GOVERNING BODY. The county commission in which the legislative powers of the county are vested.
(3) MORTGAGE. A mortgage or a mortgage and deed of trust.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §1; Acts 1971, No. 1184, p. 2043.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-2 - Legislative Intent; Construction of Article Generally.

Section 11-20-2
Legislative intent; construction of article generally.
(a) It is the intent of the Legislature by the passage of this article to authorize counties to acquire, own and lease projects for the purpose of promoting industry and trade by inducing manufacturing, industrial and commercial enterprises to locate in this state or to expand, enlarge or modernize existing enterprises or both, promoting the use of the agricultural products and natural resources of this state and promoting a sound and proper balance in this state between agriculture, commerce and industry. It is the further intent of the Legislature by the passage of this article to authorize counties having populations of not less than 54,500 nor more than 56,000, according to the most recent federal decennial census, to acquire, own and lease projects for the purpose of inducing the federal government or its departments or agencies to locate or to enlarge existing facilities and operations of any kind within the county, thus contributing to the general prosperity of the area and providing greater opportunities for employment of inhabitants of the surrounding area. It is intended that each project be self-liquidating. It is not intended hereby to authorize any county itself to operate any manufacturing, industrial or commercial enterprise.
(b) This article shall be liberally construed in conformity with the said intent.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §2; Acts 1971, No. 1184, p. 2043.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-3 - Powers of Counties as to Acquisition, Leasing, etc., of Projects Generally.

Section 11-20-3
Powers of counties as to acquisition, leasing, etc., of projects generally.
(a) In addition to any other powers which it may now have, each county shall have the following powers:
(1) To acquire, whether by construction, purchase, gift or lease, one or more projects which shall be located within this state;
(2) To lease to others (in the case of counties having populations according to the most recent federal decennial census of not less than 54,500 nor more than 56,000, the word others shall include the federal government, any of its departments and agencies) any or all of its projects for such rentals and upon such terms and conditions as the governing body may deem advisable and as shall not conflict with the provisions of this article; and
(3) To issue revenue bonds for the purpose of defraying the cost of acquiring, by construction and purchase, or either, any project and to secure the payment of such bonds, all as provided in this article.
(b) No county shall have the power to operate any project as a business or in any manner except as lessor thereof.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §3; Acts 1971, No. 1184, p. 2043.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-4 - Requirements as to Leasing of Projects.

Section 11-20-4
Requirements as to leasing of projects.
Prior to the issuance of any bonds, the county shall lease the project to a lessee under an agreement providing for payment to the county of such rentals as will be sufficient:
(1) To pay the principal of and interest on the bonds issued to finance the project as such principal and interest respectively mature;
(2) To build up and maintain any reserves deemed by the county commission to be advisable in connection therewith; and
(3) To pay the cost of maintaining the project in good repair and keeping it properly insured unless the agreement of lease obligates the lessee to pay for the maintenance and insurance of the project.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-5 - Bonds - Form, Terms, Denominations, etc.; Execution, Sale, Delivery, Redemption, etc.; Applicability of Usury, etc., Laws.

Section 11-20-5
Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption, etc.; applicability of usury, etc., laws.
All bonds issued by a county under authority of this article shall be limited obligations of the county, the principal of and interest on which shall be payable solely out of the revenues derived from the leasing of the project to finance which the bonds are issued. Bonds and interest coupons issued under authority of this article shall never constitute an indebtedness of the county within the meaning of any state constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each such bond. Such bonds may be executed and delivered at any time and from time to time, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding 30 years from their date, may be payable at such place or places, may bear interest at such rate or rates payable at such place or places and evidenced in such manner and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the county commission whereunder the bonds shall be authorized to be issued. The bonds issued under this article shall be subject to the general provisions of law, presently existing or that may hereafter be enacted, respecting the execution and delivery of the bonds of a county and respecting the retaining of options of redemption in proceedings authorizing the issuance of county securities. Such bonds shall not, however, be subject to the usury laws, and all such bonds are specifically exempted from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of Chapter 8 of Title 8 of this Code. Any bonds issued under the authority of this article may be sold at public or private sale in such manner and from time to time as may be determined by the county commission to be most advantageous, and the county may pay all expenses, premiums and commissions which the county commission may deem necessary or advantageous in connection with the authorization, sale and issuance thereof. All bonds issued under the authority of this article and all interest coupons applicable thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §4; Acts 1971, No. 1184, p. 2043.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-6 - Bonds - Security for Payment of Principal and Interest; Remedies Upon Default.

Section 11-20-6
Bonds - Security for payment of principal and interest; remedies upon default.
The principal of and interest on any bonds issued under the authority of this article shall be secured by a pledge of the revenues out of which such bonds shall be made payable, may be secured by a mortgage covering all or any part of the project from which the revenues so pledged may be derived and may be secured by a pledge of the lease of such project.
The proceedings under which such bonds are authorized to be issued or any such mortgage may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of rents for any project covered by such proceedings or mortgage, the terms to be incorporated in the lease of such project, the maintenance and insurance of such project, the creation and maintenance of special funds from the revenues from such project and the rights and remedies available in event of default to the bondholders or to the trustee under a mortgage, all as the county commission shall deem advisable and as shall not be in conflict with the provisions of this article; provided, however, that in making any such agreements or provisions a county shall not have the power to obligate itself except with respect to the project and the application of the revenues therefrom and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers.
The proceedings authorizing any bonds hereunder and any mortgage securing such bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or mortgage, such payment and performance may be enforced by mandamus or by the appointment of a receiver with power to charge and collect rents and to apply the revenues from the project in accordance with such proceedings or the provisions of such mortgage. Any such mortgage may provide also that, in the event of default in such payment or the violation of any agreement contained in the mortgage, the mortgage may be foreclosed either by sale at public outcry or by legal proceedings, and may provide that any trustee under such mortgage or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale if the highest bidder therefor. No breach of any such agreement shall impose any pecuniary liability upon a county or any charge upon its general credit or against its taxing powers.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-7 - Bonds - Disposition of Proceeds From Sale.

Section 11-20-7
Bonds - Disposition of proceeds from sale.
The proceeds from the sale of any bonds issued under authority of this article shall be applied only for the purpose for which the bonds were issued; provided, however, that any accrued interest and premium received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided further, that if for any reason any portion of such proceeds shall not be needed for the purpose for which the bonds were issued, then such unneeded portion of said proceeds shall be applied to the payment of the principal of or the interest on said bonds. The cost of acquiring any project shall be deemed to include the following: the actual cost of the construction of any part of a project which may be constructed, including architect's and engineer's fees; the purchase price of any part of a project that may be acquired by purchase; all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and the interest on such bonds for a reasonable time prior to construction, during construction and for a period not exceeding six months after completion of construction.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-8 - Refunding Bonds.

Section 11-20-8
Refunding bonds.
Any bonds issued under this article and at any time outstanding may at any time and from time to time be refunded by a county by the issuance of its refunding bonds in such amount as the county commission may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds so to be refunded, together with any unpaid interest thereon and any premiums and commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby or by exchange of the refunding bonds for the bonds to be refunded thereby; provided, that the holders of any bonds so to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. Any refunding bonds issued under the authority of this article shall be payable solely from the revenues out of which the bonds to be refunded thereby were payable and shall be subject to the provisions contained in section 11-20-5 and may be secured in accordance with the provisions of section 11-20-6.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-9 - Notice, Consent, or Approval of Governmental Body, etc., Not to Be Required for Issuance or Sale of Bonds or Execution of Mortgages.

Section 11-20-9
Notice, consent, or approval of governmental body, etc., not to be required for issuance or sale of bonds or execution of mortgages.
No notice to or consent or approval by any governmental body or public officer shall be required as a prerequisite to the sale or issuance of any bonds or the making of a mortgage under the authority of this article.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-10 - Investment in Bonds by Savings Banks and Insurance Companies.

Section 11-20-10
Investment in bonds by savings banks and insurance companies.
Bonds issued under the provisions of this article shall be legal investments for savings banks and insurance companies organized under the laws of this state.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-11 - Counties Not to Contribute Costs of Acquisition of Projects or County Lands Therefor.

Section 11-20-11
Counties not to contribute costs of acquisition of projects or county lands therefor.
No county shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a project and shall not have the power to use land already owned by the county or in which the county has an equity for construction thereon of a project or any part thereof. The entire cost of acquiring any project must be paid out of the proceeds from the sale of bonds issued under the authority of this article; provided, however, that this provision shall not be construed to prevent a county from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-12 - Exemption From Taxation of Projects, Bonds, Etc.

Section 11-20-12
Exemption from taxation of projects, bonds, etc.
The bonds authorized by this article and the income therefrom, all mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof and all projects and the revenue derived from any lease thereof shall be exempt from all taxation in the State of Alabama.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 1 - Acquisition, Ownership, and Lease of Projects by Counties. › Section 11-20-13 - Construction of Article.

Section 11-20-13
Construction of article.
Neither this article nor anything herein contained shall be construed as a restriction or limitation upon any powers which a county might otherwise have under any laws of this state, but shall be construed as cumulative, and this article shall not be construed as requiring an election by the voters of a county prior to the issuance of bonds hereunder by such county.
(Acts 1961, Ex. Sess., No. 178, p. 2147, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 2 - Industrial Development Boards. › Section 11-20-30 - Definitions.

Section 11-20-30
Definitions.
Whenever used in this article, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the following respective interpretations:
(1) CORPORATION. Any corporation organized pursuant to the provisions of this article.
(2) COUNTY. Any county in this state with respect to which a corporation may be organized.
(3) GOVERNING BODY. The commission of the county.
(4) MORTGAGE. A mortgage or a mortgage and deed of trust or a trust indenture.
(5) PROJECT. Any land and any building or other improvement thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:
a. Any industry for the manufacturing, processing or assembling of any agricultural, manufactured or mineral products;
b. Any commercial enterprise in storing, warehousing, distributing or selling any product of agriculture, mining or industry; and
c. Any enterprise for the purpose of research, but does not include facilities designed for the sale or distribution to the public of electricity, gas, water or telephones or other services commonly classified as public utilities.
A project may consist of or include any land, building, structure, improvement, machinery, equipment, facility or real or personal property or any combination thereof which the board of directors of the corporation may deem necessary or appropriate for use by any industry or enterprise of the character described in the first sentence of this subdivision, including, without limiting the generality of the foregoing, office facilities designed for use by any such industry or enterprise in the management and supervision of its manufacturing, processing, assembling, storing, warehousing, distributing, selling or research operations, wherever located, and facilities for, or useful in, the control, reduction, abatement, or prevention of pollution of air or water or both.
(Acts 1977, No. 762, p. 1310, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 2 - Industrial Development Boards. › Section 11-20-31 - Legislative Intent; Construction of Article Generally.

Section 11-20-31
Legislative intent; construction of article generally.
(a) It is the intent of the Legislature by the passage of this article to authorize the incorporation in the several counties in this state of public corporations to acquire, enlarge, improve, replace, own, lease and dispose of properties to the end that such corporations may be able to promote industry, develop trade and further the use of the agricultural products and natural and human resources of this state and the development and preservation of the said resources. It is the further intent of the Legislature by the passage of this article to vest such public corporations with all powers that may be necessary to enable them to accomplish such purposes. It is not intended hereby that any such corporation shall itself be authorized to operate any manufacturing, industrial, commercial or research enterprise.
(b) This article shall be liberally construed in conformity with the said intention.
(Acts 1977, No. 762, p. 1310, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 20 - Promotion of Industry and Trade. › Article 2 - Industrial Development Boards. › Section 11-20-32 - Application for Authority to Incorporate; Adoption, etc., of Resolution by Governing Body Authorizing Incorporation; Incorporation of More Than One Corporation.

Section 11-20-32
Application for authority to incorporate; adoption, etc., of resolution by governing body authorizing incorporation; incorporation of more than one corporation.
Whenever any number of natural persons, not less than three, shall file with the governing body of any county of this state an application in writing for authority to incorporate in such county a public corporation under the provisions of this article, and if it shall be made to appear to such governing body that each of said persons is a duly qualified elector of and owner of property in said county and if the governing body of said county shall adopt a resolution which shall be duly entered upon the minutes of such governing body wherein it shall be found and determined that it is wise, expedient, necessary or advisable that such a corporation be formed and that the persons filing said application shall be authorized to proceed to form such corporation, then said persons shall proceed to organize such corporation by executing, acknowledging and filing a certificate of incorporation as provided in this article. No corporation shall be formed under this article unless the application provided for in this section shall be made and unless the resolution provided for in this section shall be adopted. The granting of authority for the incorporation of one public corporation under this article shall not preclude the granting of authority by the governing body of the same county for the incorporation of other public corporations under this article; provided, that such other public corporations shall be required to adopt a name or designation sufficient to distinguish them from any public corporation theretofore incorporated by such county under this article.
(Acts 1977, No. 762, p. 1310, §3.)