reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 84 - Acquisition and Administration of Forest Lands. › Section 11-84-1 - Authorized.

Section 11-84-1
Authorized.
Each of the several counties, cities, and towns in the State of Alabama, acting through its county commission, council, or other governing body, is hereby authorized and empowered to acquire by purchase, gift, or bequest such tracts of land suitable for the growth of trees as may be available and as such governing body may deem it wise to so acquire and to administer the same as well as any lands now owned by any such county, city, or town and suitable for the growth of trees as county, city, or town forests.
(Acts 1945, No. 220, p. 343, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 84 - Acquisition and Administration of Forest Lands. › Section 11-84-2 - Provision of Seedlings, Transplants, Technical Assistance, Etc.

Section 11-84-2
Provision of seedlings, transplants, technical assistance, etc.
The State Forestry Commission is hereby authorized and it shall have the power to supply from its forest tree nursery or nurseries such forest tree seedlings and transplants as may be necessary and suitable for reforesting any part or all of any lands so acquired or now owned and so administered by any such county, city, or town and to furnish such technical assistance and supervision as the said State Forestry Commission may deem necessary for the proper management and administration of such lands and forest thereon free of cost to the counties, cities, and towns; provided, that the respective counties, cities, and towns shall agree to administer such lands in accordance with the practices and principles of scientific forestry as determined by said State Forestry Commission.
(Acts 1945, No. 220, p. 343, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 1 - Regional Planning Commissions Generally. › Section 11-85-1 - Establishment of Region and Creation of Regional Planning Commission.

Section 11-85-1
Establishment of region and creation of regional planning commission.
The planning commission of any municipality or the county commission of any county or any 100 citizens by signed petition may apply to the Governor for the establishment of a region for planning purposes and the appointment of a regional planning commission for such region. The Governor shall hold at least one public hearing upon any such application or petition, the time and place of which he shall officially proclaim. If the Governor finds that by reason of urban growth and development not corresponding to existing municipal boundary lines or by reason of other developments or trends in the growth and distribution of population, commerce and industry or by reason of topographic or other conditions two or more separate municipalities or the territory of one or more municipalities and neighboring nonmunicipal territory have overlapping and interrelated or common problems of such nature as not to be capable of intelligent, economical, and adequate solution by means of the separate planning of each separate political unit and require for such solution a general plan of the physical development of the entire area of such municipalities or territories as a whole and that, consequently, it is to the public interest that a region be established for planning purposes, he shall grant the application and shall define the boundaries of such region and appoint a regional planning commission.
(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §809.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 1 - Regional Planning Commissions Generally. › Section 11-85-2 - Composition; Qualifications, Appointment, Terms of Office, Compensation, and Removal of Members; Vacancies.

Section 11-85-2
Composition; qualifications, appointment, terms of office, compensation, and removal of members; vacancies.
The regional planning commission shall consist of nine persons. Members shall be appointed for six years; except, that the respective terms of seven of the members first appointed shall be one year, two years, two years, three years, four years, four years and five years; provided, that, if at the time of his appointment the appointee is a public officer or in the public service of the state or any of its political subdivisions and his incumbency as such public officer or servant expires previous to the term for which he is appointed on the regional planning commission, then his term on the commission shall terminate with the expiration of his incumbency as such public officer or servant, unless it is extended by the Governor, in which case such extension shall be for the remainder of the term for which he was originally appointed. The members shall serve without compensation but shall be paid their necessary expenses incurred in the performance of their duties. They may, after a public hearing, be removed by the Governor for inefficiency, neglect of duty, or malfeasance in office, and he shall file a written statement of his reasons therefor. Vacancies shall be filled by the Governor for the unexpired term.
(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §809.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 1 - Regional Planning Commissions Generally. › Section 11-85-3 - Organization, Staff, Procedure, etc.; Appropriation and Expenditure of Funds.

Section 11-85-3
Organization, staff, procedure, etc.; appropriation and expenditure of funds.
(a) Except as otherwise provided in this article, the provisions of Sections 11-52-4, 11-52-5, and 11-52-6 relative to organization, rules, staff, finances, procedure, and miscellaneous powers and duties of municipal planning commissions shall, so far as applicable, apply to regional planning commissions.
(b) The amount which a regional planning commission may expend in any year shall be such as may be determined by said regional planning commission, subject to approval by the Governor, who shall fix the proportion of such expenditure to be borne by the respective municipalities, counties, and other taxing districts and political subdivisions within the region. The council or other governing body of each such municipality, the county commission of each such county and the appropriating body of each such taxing district or political subdivision within the region are hereby authorized to appropriate their respective shares of such expenditures. The sums so appropriated shall be paid into the treasury and shall be paid out on certificate of the regional planning commission.
(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §810.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 1 - Regional Planning Commissions Generally. › Section 11-85-4 - Adoption, etc., of Master Plan for Physical Development of Region by Commission; Contents and Purpose of Plan.

Section 11-85-4
Adoption, etc., of master plan for physical development of region by commission; contents and purpose of plan.
Any regional planning commission is hereby authorized and empowered to make, adopt, amend, extend, and add to a master regional plan for the physical development of its region. Such plan shall be based on comprehensive studies of the present and future development of the region with due regard to its relation to neighboring regions and the state as a whole and to neighboring states.
Such plan, including maps, charts, diagrams, and descriptive matter, shall show the commission's recommendations for the physical development of the region and may include, among other things, the general location, extent and character of streets, parks and other public ways, grounds and open spaces, public buildings and properties, and public utilities (whether publicly or privately owned or operated) which affect the development of the region as a whole or which affect more than one political subdivision of the state within the region, the general location of forests, agricultural, and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities, or the protection of future urban development and a zoning plan for the control of the height and area or bulk, location, and use of buildings and premises and of the density of population.
Such master plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the region and of public improvements and utilities which do not begin and terminate within the boundaries of any single municipality or which do not relate exclusively to the development of any single municipality and which will, in accordance with the present and future needs of the region and the state, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development.
(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §811.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 1 - Regional Planning Commissions Generally. › Section 11-85-5 - Certification of Plan to Governor and to Municipalities, Counties, etc., Within Region.

Section 11-85-5
Certification of plan to Governor and to municipalities, counties, etc., within region.
The regional planning commission, after adopting the regional plan, shall certify a copy thereof to the Governor, to the planning commission of each municipality within the region, to the council of each municipality not having a planning commission, to the county commission of each county wholly or partly included in the region and to other organized taxing districts or political subdivisions wholly or partly included in the region.
(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §812.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 1 - Regional Planning Commissions Generally. › Section 11-85-6 - Adoption of Plan by Municipal Planning Commission; Certification of Proposed Amendments to Adopted Plan to Regional Planning Commission for Approval, Etc.

Section 11-85-6
Adoption of plan by municipal planning commission; certification of proposed amendments to adopted plan to regional planning commission for approval, etc.
(a) Such plan may be adopted by the municipal planning commission of any municipality within the region to which it is certified by the regional planning commission. Such adoption shall be in accordance with the procedure specified in Sections 11-52-8, 11-52-9, and 11-52-10 for the adoption of plans by municipal planning commissions. When thus adopted, it shall thereupon have the same force and effect within such municipality as plans made and adopted by municipal planning commissions and shall be deemed an original municipal plan or an amendment of or addition to the municipal plan.
(b) Before adopting any amendment of the municipal plan which would constitute a violation of or departure from the regional plan certified to the municipal planning commission by the regional planning commission, the municipal planning commission shall submit such proposed amendment to the regional planning commission, which latter commission shall certify to the municipal commission its approval, disapproval, or other opinion concerning the proposed amendment.
(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §813.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 1 - Regional Planning Commissions Generally. › Section 11-85-7 - Proposed Construction of Streets, Public Buildings, Utilities, etc., to Be Submitted for Approval of Commission After Adoption of Master Plan; Overruling of Commission.

Section 11-85-7
Proposed construction of streets, public buildings, utilities, etc., to be submitted for approval of commission after adoption of master plan; overruling of commission.
After the adoption of the regional plan by the regional planning commission, no street, park, or other public way, ground or open space, public building or other public structure and public utility, whether publicly or privately owned or operated, shall be constructed or authorized in nonmunicipal territory within the region until the location, character, and extent thereof shall have been submitted to and approved by the regional planning commission of the region. This prohibition shall not be interpreted as requiring the approval by the regional planning commission of any subdivision falling within the subdivision jurisdiction of a municipal planning commission as defined in Section 11-52-30, and duly approved by such municipal planning commission as provided in Section 11-52-32. In case of disapproval by the regional planning commission, such disapproval may be overruled by the board, commission, body or officer in which or in whom the power to finally determine such location, character and extent is reposed by law by a vote, in the case of any such board, commission or body, of not less than two thirds of its membership. A statement of its or his reason for any such overruling shall be spread upon the minutes or records of the board, commission, body or officer.
(Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §814.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 2 - Regional Planning Commissions for Comprehensive Advisory Planning and Research. › Section 11-85-20 - Definitions.

Section 11-85-20
Definitions.
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) GOVERNMENTAL UNIT. Counties and municipalities.
(2) GOVERNING BODY. The chief legislative body of a governmental unit.
(3) MUNICIPALITY. Such term shall include cities and towns.
(4) REGION. All the geographical area contained within the aggregate territorial limits of all governmental units participating in the establishment of a region for planning as provided in this article.
(5) ADVISORY PLANNING. Continuing and systematic studies of the land economics and land policies of a region in terms of social and economic betterment of said region, together with the submission of interim and final results of said systematic and continuous studies to the governing bodies of constituent governmental units for review, adoption, rejection, or implementation thereof in whole or in part. Said term shall not be deemed, construed or held to include zoning or any other regulation of the use, disposition, alienation, ownership, improvement, or change of any land or any structures thereon within any given region, whether said regulation is sought to be accomplished by way of ordinance, resolution, rule, regulation, or any other enactment or action of whatsoever kind.
(6) COMPREHENSIVE ADVISORY PLANNING. Comprehensive studies of the present and future development of the land economics and land policies of a region, with due regard to neighboring regions and the state as a whole. Said term may include, but is not limited to:
a. Preparation, as a guide for long-range development, of advisory general physical plans with respect to the pattern and intensity of land use and the provision of public facilities, including transportation facilities, together with long-range fiscal plans for such development;
b. Advisory coordination of all related advisory plans and planned activities at both the intragovernmental and intergovernmental levels; and
c. Preparation of suggested regulatory or administrative measures in support of the foregoing for submission to the governing bodies of constituent governmental units for review, adoption, rejection,or implementation in whole or in part as said units may elect.
(Acts 1963, No. 584, p. 1278, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 2 - Regional Planning Commissions for Comprehensive Advisory Planning and Research. › Section 11-85-21 - Establishment of Region for Advisory Planning and Creation of Regional Planning Commission.

Section 11-85-21
Establishment of region for advisory planning and creation of regional planning commission.
The governing bodies of any two or more governmental units are hereby authorized and empowered to create and establish a region for advisory planning purposes and to constitute, create, and establish a regional planning commission. Such joint creation and establishment of a region for planning purposes and of a regional planning commission shall be accomplished by ordinance or resolution separately adopted by the governing body of each governmental unit involved. Such ordinance or resolution shall be recorded in the minutes of the governing body of each such governmental unit.
(Acts 1963, No. 584, p. 1278, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 2 - Regional Planning Commissions for Comprehensive Advisory Planning and Research. › Section 11-85-23 - Powers and Duties.

Section 11-85-23
Powers and duties.
Any regional planning commission established and created under this article shall have the following powers and duties:
(1) To perform comprehensive advisory planning and research for the region for which such commission shall have been established and its urban areas or areas where rapid urbanization has occurred or is expected to occur, including those areas extending into adjoining states in instances and situations where such planning and related activities for such bi- or multi-state areas are now or hereafter may be authorized by compact or otherwise;
(2) To provide planning assistance, upon request duly evidenced by ordinance or resolution, to
a. Any city, other municipality or county;
b. Any group of adjacent communities, incorporated or unincorporated, having common or related urban planning or development problems; or,
c. Any other regional planning agency;
(3) To apply for and accept and utilize grants and assistance from the federal government or from any other public or private source which now or hereafter legally may make such grants or afford such other assistance;
(4) To contract with the federal government or with private or public sources which now or hereafter legally may contract as to such planning to receive advances or progress payments; and
(5) To adopt its own rules of procedure and order of business.
(Acts 1963, No. 584, p. 1278, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 2 - Regional Planning Commissions for Comprehensive Advisory Planning and Research. › Section 11-85-24 - Article Not to Impair Right of Eminent Domain or Rights Under Franchises, Leases, etc., of Utilities.

Section 11-85-24
Article not to impair right of eminent domain or rights under franchises, leases, etc., of utilities.
Nothing contained in this article shall be construed to impair the right of eminent domain conferred on utilities, both public or private, or their right to exercise authority conferred by statutes, franchises, certificates of convenience and necessity, licenses, or easements.
(Acts 1963, No. 584, p. 1278, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 4 - Regional Planning and Development Commissions. › Section 11-85-50 - Definitions.

Section 11-85-50
Definitions.
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) GOVERNMENTAL UNIT. Counties and municipalities.
(2) GOVERNING BODY. The chief legislative body of a governmental unit.
(3) MUNICIPALITY. Cities or towns.
(4) REGION. All the geographical area contained within the aggregate territorial limits of all governmental units participating in a regional planning and development commission as provided in this article.
(5) DISTRICT. A geographical area designated by the Governor as provided in this article.
(Acts 1969, No. 1126, p. 2084, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 4 - Regional Planning and Development Commissions. › Section 11-85-51 - Designation of State Planning and Development Districts by Governor Generally; Designation of Single County State Planning and Development Districts.

Section 11-85-51
Designation of state planning and development districts by Governor generally; designation of single county state planning and development districts.
(a) The Governor may, from time to time as he deems appropriate and necessary, define and designate a state planning and development district by executive order.
(b) In defining boundaries of state planning and development districts, the Governor shall consult with the governmental units concerned and shall consider such factors as community of interest and homogeneity; geographic features and natural boundaries; patterns of communication and transportation; patterns of urban development; total population and population density; similarity of social and economic problems; boundaries of existing regional planning commissions and councils of government; existing state functional planning areas and the utility of proposed boundaries for provision of governmental services. Districts should be as large as practicable consistent with the above factors and except as provided in subsection (d) of this section, shall include at least three contiguous counties and contain a population of at least 100,000. No county shall be divided in forming a district.
(c) The Governor may change boundaries of districts as required to reflect changing conditions or otherwise to fulfill the purposes of this article observing the criteria and procedures stated in subsection (b) of this section.
(d) Any provision of this section to the contrary notwithstanding, the Governor may define and designate single county state planning and development districts within any county having a population between 93,000 and 100,000 persons according to the most recent federal decennial census.
(Acts 1969, No. 1126, p. 2084, §2; Acts 1973, No. 692, p. 1039, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 4 - Regional Planning and Development Commissions. › Section 11-85-53 - Composition; Selection, Terms and Replacement of Representatives; Financing; Procedure for Addition or Withdrawal of Governmental Units, Dissolution, Etc.

Section 11-85-53
Composition; selection, terms and replacement of representatives; financing; procedure for addition or withdrawal of governmental units, dissolution, etc.
(a) All governmental units within the boundaries of a region which are parties to the agreement for the establishment of a regional planning and development commission shall be represented on the commission as provided in this section. The agreement may provide formulas and procedures under which smaller governmental units may select a common representative and larger units may select more than one representative, but there shall be at least one representative for each county and for each city of over 10,000 population. At least a majority of the representation of a commission shall be elected public officials of the participating governmental units. This section shall not apply to any counties which have formed any regional planning commissions.
(b) The terms and manner of selection and replacement of the commission representatives shall be specified in the agreement or, pursuant to the terms of the agreement, by ordinances or resolutions adopted by participating governmental units. Terms of representatives who are not elected officials shall be arranged to provide overlapping periods of service. The term of any representative serving in such capacity by virtue of elective public office shall expire with his incumbency in such office.
(c) The agreement shall include the formula by which participating governments will contribute to the financing of the commission and the procedure for amendment, for addition of other governmental units within the region which are not parties to the original agreement and for withdrawal from the agreement by a governmental unit and for dissolution of the commission.
(d) Any governmental unit included within the boundaries of a region but not a party to the agreement and petition shall not be represented on the commission nor be entitled as a matter of right to services provided by the commission until it joins the commission by appropriate official action as provided for in the agreement or the bylaws of the commission.
(Acts 1969, No. 1126, p. 2084, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 4 - Regional Planning and Development Commissions. › Section 11-85-54 - Officers; Appointment of Advisory Committees.

Section 11-85-54
Officers; appointment of advisory committees.
The commission shall elect a chairman and may elect an executive committee and other officers as necessary from among its membership. A commission may appoint such advisory committees as it may deem necessary.
(Acts 1969, No. 1126, p. 2084, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 4 - Regional Planning and Development Commissions. › Section 11-85-55 - Receipt of State Financial Support.

Section 11-85-55
Receipt of state financial support.
Regional planning commissions certified pursuant to this article may receive state financial support if they meet requirements for state financial assistance, for financial controls, and for reporting established by executive order.
(Acts 1969, No. 1126, p. 2084, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 4 - Regional Planning and Development Commissions. › Section 11-85-57 - Joint Planning Agreements, etc., With Adjoining Counties, Municipalities, etc., Authorized; Changes of Boundaries of Regional Planning and Development Districts to Include Adjacent Counties.

Section 11-85-57
Joint planning agreements, etc., with adjoining counties, municipalities, etc., authorized; changes of boundaries of regional planning and development districts to include adjacent counties.
(a) Commissions formed pursuant to this article shall have the authority to enter into joint planning agreements, contracts, or programs with adjacent counties, municipalities situated in adjacent counties, or adjacent regional planning and development commissions.
(b) If the Governor should determine that it is desirable to change the boundaries of regional planning and development districts which have been defined and designated pursuant to this article to include an adjacent county or counties within such district or districts, he shall have the authority to do so in the manner and form set forth in Section 11-85-51; provided, however, that the criteria or requirements set forth in subsection (b) of Section 11-85-51 with respect to population and numbers of contiguous counties shall not apply to a district designated by the Governor under the authority of this section, nor to any change in the boundaries of such district which the Governor may find to be desirable as provided in subsection (c) of Section 11-85-51.
(Acts 1973, No. 692, p. 1039, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 4 - Regional Planning and Development Commissions. › Section 11-85-58 - Use of Planning and Development Districts and Regional Planning and Development Districts for Other Purposes and Programs.

Section 11-85-58
Use of planning and development districts and regional planning and development districts for other purposes and programs.
State planning and development districts designated under this article and regional planning commissions established pursuant to this article shall, to the extent possible, be used as the basis for:
(1) State planning and programming;
(2) Proposing or designating areas for the purposes of administering programs which receive aid under federal acts which require districts; and
(3) Performing areawide planning including review and comment on projects, coordination, and informational services for state and federal grant-in-aid programs.
(Acts 1969, No. 1126, p. 2084, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 4 - Regional Planning and Development Commissions. › Section 11-85-59 - Effect of Population Changes Upon Establishment and Operation of State Planning and Development Districts or Regional Planning and Development Commissions.

Section 11-85-59
Effect of population changes upon establishment and operation of state planning and development districts or regional planning and development commissions.
The establishment and operation of any state planning and development district or regional planning commission designated or formed pursuant to this article shall not be affected by any subsequent changes in population so long as the county comprising such district and in which such commission is located met the requirements of this article at the time such district was designated or such commission was formed.
(Acts 1973, No. 692, p. 1039, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 5 - Confirmation of Operating Regional Planning and Development Commissions. › Section 11-85-70 - Existing Regional Planning and Development Commissions Ratified and Confirmed.

Section 11-85-70
Existing regional planning and development commissions ratified and confirmed.
Those 12 bodies, organizations, or persons respectively acting and operating as regional planning and development commissions within their respective districts on May 29, 1985, and however created or established; by formation of nonprofit corporations, by various resolutions of local governments, or by agreements and/or compacts between local governments, or otherwise; are hereby ratified and confirmed as regional planning and development commissions under Sections 11-85-50 through 11-85-59.
(Acts 1985, No. 85-757, p. 1260, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 5 - Confirmation of Operating Regional Planning and Development Commissions. › Section 11-85-71 - Procedure for Additional Governmental Units to Become Members of Regional Planning and Development Commissions.

Section 11-85-71
Procedure for additional governmental units to become members of regional planning and development commissions.
The respective regional planning and development commissions ratified and confirmed by Section 11-85-70 shall henceforth continue to act and operate as regional planning and development commissions within their respective districts, and any governmental units within a particular district desiring to become a member of, and have representation on a commission within the district in which the governmental unit is located, shall pass resolutions or ordinances as applicable to accomplish that purpose and they shall thereupon become members of the commission within their respective district and shall be granted the respective representation on the commission as is provided by Section 11-85-53, provided they agree by appropriate resolution or ordinance, as applicable, to contribute to the financing of the commission in keeping with a formula of financing on a population basis in the same proportion as current members as established by the commission.
(Acts 1985, No. 85-757, p. 1260, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 5 - Confirmation of Operating Regional Planning and Development Commissions. › Section 11-85-72 - General Powers, Rights, Obligations, etc., of Regional Planning and Development Commissions.

Section 11-85-72
General powers, rights, obligations, etc., of regional planning and development commissions.
The regional planning and development commissions ratified and confirmed by this article as such commissions shall have such powers, rights, obligations, and privileges as heretofore accorded to, and which might be hereinafter accorded to regional planning and development commissions under the laws of Alabama.
(Acts 1985, No. 85-757, p. 1260, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 5 - Confirmation of Operating Regional Planning and Development Commissions. › Section 11-85-73 - Commissions Authorized to Enter Into Contracts With Other Agencies.

Section 11-85-73
Commissions authorized to enter into contracts with other agencies.
Regional planning commissions, business corporations, nonprofit corporations, and local entities as defined in Section 23-1-21.1, or as might be hereafter defined by amendment of such section are authorized and empowered to enter into contracts, jointly, separately, and severally with each other and/or with the State of Alabama, the federal government, and/or with their respective departments and agencies, for the purpose of receiving and disbursing state, federal and/or local governmental and private funds for programs established or which might be established as a result of federal, state, and/or local legislation, and to establish on a state or local level, operate and administer any such programs under the contract terms, provided the contract performance, the operation and administration of programs thereunder are in keeping with any such legislation and regulations thereunder. Any such contracts entered into prior to May 29, 1985, are deemed to have been executed with full power and authority.
(Acts 1985, No. 85-757, p. 1260, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 6 - Alabama Revolving Loan Fund Authority. › Section 11-85-100 - Definitions.

Section 11-85-100
Definitions.
As used in this article, the following words and phrases shall have the following meanings:
(1) AUTHORITY. The public corporation organized pursuant to this article.
(2) BOARD OF DIRECTORS. The Board of Directors of the Alabama Revolving Loan Fund Authority.
(3) BONDS. The bonds issued under this article.
(4) GRANTEE. The several existing regional planning and development commissions, as provided for in Sections 11-85-50 to 11-85-73, inclusive.
(5) REVOLVING LOAN FUNDS. The monies provided by the sale of the bonds pursuant to this article. These monies may be combined with or used to facilitate access to either federal funds or foundation grants or loans, or to leverage private sector financing that may be available for initial or seed capital, long or short term fixed asset or equipment loans or working capital for local economic development projects for improving, developing, or financing new, existing, or expanding business or industry, to preserve or create employment pursuant to Section 41-23-50.
(6) STATE. The State of Alabama.
(Act 98-195, p. 338, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 6 - Alabama Revolving Loan Fund Authority. › Section 11-85-101 - Incorporation of Authority.

Section 11-85-101
Incorporation of authority.
The Governor, or his or her designee, the Finance Director, the Lieutenant Governor, or his or her designee, the Speaker of the House of Representatives, or his or her designee, the Chairman of the Regional Revolving Loan Policy Committee, and the President of the Alabama Association of Regional Councils, or his or her designee shall become a public corporation with the powers provided for in this article by proceeding according to Section 11-85-102.
(Act 98-195, p. 338, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 6 - Alabama Revolving Loan Fund Authority. › Section 11-85-102 - Application for Incorporation.

Section 11-85-102
Application for incorporation.
(a) To become the public corporation authorized by this article, the Governor, the Finance Director, and the President of the Alabama Association of Regional Councils shall present to the Secretary of State of Alabama an application signed by the applicants listed in Section 11-85-101 which shall set forth all of the following:
(1) The name, official designation, and official residence of each of the applicants, together with a certified copy of the commission evidencing each applicant's right to office.
(2) The date on which each applicant was inducted into office and the term of office of each applicant.
(3) The name of the proposed public corporation, which shall be the Alabama Revolving Loan Fund Authority.
(4) The location of the principal office of the proposed corporation.
(b) The applicants may also include in the application any other matters which are not inconsistent with this article or with any of the other laws of the state.
(c) The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgements to deeds.
(d) The Secretary of State shall examine the application and, if he or she finds that it substantially complies with the requirements of this section, he or she shall receive and file it and record it in an appropriate book of records in his or her office.
(Act 98-195, p. 338, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 6 - Alabama Revolving Loan Fund Authority. › Section 11-85-103 - Certificate of Incorporation; Fees.

Section 11-85-103
Certificate of incorporation; fees.
(a) When the application has been made, filed, and recorded as provided in this article, the applicants shall constitute a corporation under the name proposed in the application. The Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the certificate with the application.
(b) There shall be no fees paid to the Secretary of State for any service rendered or work performed in connection with the authority, its incorporation, dissolution, or records.
(Act 98-195, p. 338, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 6 - Alabama Revolving Loan Fund Authority. › Section 11-85-104 - Members; Officers; Quorum; Vacancies; Salaries; Record of Proceedings.

Section 11-85-104
Members; officers; quorum; vacancies; salaries; record of proceedings.
(a) The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor, or his or her designee, shall be the president of the authority; the Finance Director shall be the vice-president thereof; and the President of the Alabama Association of Regional Councils, or his or her designee shall be the secretary thereof. The State Treasurer shall be the treasurer of the authority, shall act as custodian of its funds until the allocations are disbursed to the several regional planning commissions pursuant to Section 11-85-109, and shall pay the principal and the interest on the bonds of the authority out of the funds provided for in this article. The members of the authority shall constitute all the members of the board of directors of the authority, and any four members of the board of directors shall constitute a quorum for the transaction of business. Should any person holding a position named in this article cease to hold such office by reasons of death, resignation, expiration of term of office, or for any other reason, then his or her successor in office shall take his or her place as an officer and member of the board of directors of the authority. No officer or member of the board of directors shall draw any salary in addition to that now authorized by law for any service he or she may render or for any duty he or she may perform in connection with the authority.
(b) All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the authority, shall be signed by at least four members of the authority present at the proceedings, and shall be recorded in a substantially bound book and filed in the office of the Secretary of State. Copies of such proceedings, when certified by the secretary of the authority, under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.
(Act 98-195, p. 338, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 6 - Alabama Revolving Loan Fund Authority. › Section 11-85-105 - Powers of the Authority.

Section 11-85-105
Powers of the authority.
The authority shall have the following powers:
(1) To have succession by its corporate name until dissolved as provided in this article.
(2) To institute and defend legal proceedings in any court of competent jurisdiction and proper venue; provided, that the authority may not be sued in any trial court other than the courts of the county in which is located the principal office of the authority; provided further, that the officers, directors, and agents of the authority may not be sued for action on behalf of the authority in any trial court other than the courts of the county in which is located the principal office of the authority.
(3) To have and to use a corporate seal and to alter the seal at pleasure.
(4) To establish a fiscal year.
(5) To anticipate by the issuance of its bonds the receipt of the revenues appropriated and pledged in this article.
(6) To pledge the proceeds of the appropriations and pledges provided for in this article as security for the payment of the principal of and interest on its bonds.
(7) To contract with the Alabama Department of Economic and Community Affairs to perform the administrative and recordkeeping functions necessary for the successful implementation of this article, which shall include but shall not be limited to the function delineated in Section 11-85-109.
(8) To appoint and employ such attorneys and agents as the authority may require to fulfill the corporate purposes of the authority and in exercising the foregoing powers.
(Act 98-195, p. 338, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 6 - Alabama Revolving Loan Fund Authority. › Section 11-85-106 - Bonds - Issuance and Sale.

Section 11-85-106
Bonds - Issuance and sale.
The authority is authorized to sell and issue its bonds in the aggregate principal amount of twenty-four million dollars ($24,000,000) for the purpose of making grants to the twelve regional planning and development commissions, which shall be utilized by the grantees as revolving loan funds.
(Act 98-195, p. 338, §7; Act 2007-279, p. 378, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 85 - Regional Planning and Development. › Article 6 - Alabama Revolving Loan Fund Authority. › Section 11-85-108 - Appropriation and Pledge of Funds for Authority Obligations.

Section 11-85-108
Appropriation and pledge of funds for authority obligations.
For the purpose of providing funds to enable the authority to pay at their respective maturities the principal of and interest on any bonds issued by it under this article and to accomplish the objects of this article, there is hereby irrevocably pledged to these purposes, and hereby appropriated the amount that may be necessary for those purposes from the receipts from the privilege or license tax on providers of cellular radio telecommunication services levied in Section 40-21-121.
(Act 98-195, p. 338, §9.)