Title 4 — Title 4
0 chapters · 177 sections in this title.
Ala. Code § 4-3-1 Definitions
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When used in this article, unless the context plainly indicates otherwise, the present tense shall include the future tense, the singular shall include the plural, the plural shall include the singular and the following words and phrases shall have the meanings respectively ascri…
Ala. Code § 4-3-10 Exemption from State Contracting, Purchasing and Zoning Restrictions;
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Zoning Powers. Authorities organized pursuant to this article shall be exempt from the laws relating to the advertising and award of construction contracts and purchase contracts made by or in behalf of the state and its departments and shall be exempt from all zoning laws, ordin…
Ala. Code § 4-3-11 Powers of Authority Generally
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The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate name for the duration of time (which may be in perpetuity) specified in its certificate of i…
Ala. Code § 4-3-12 Federal and State Aid
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The authority is authorized to accept, receive, receipt for, disburse and expend federal and state moneys and other moneys, public or private, made available by grant or loan, or both, to accomplish, in whole or in part, any of the purposes of this article. All federal moneys acc…
Ala. Code § 4-3-13 Assistance and Cooperation by Counties, Municipalities, Etc
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For the purpose of aiding and cooperating with the authority in the planning, development, undertaking, construction, extension, improvement or operation of airports, heliports and air navigation facilities, any county, city, town or other political subdivision, public corporatio…
Ala. Code § 4-3-14 Issuance and Sale of Bonds by Authority; Form, Denominations, Terms,
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Etc., of Bonds. The authority shall have the power and is hereby authorized at any time and from time to time to issue and sell its interest-bearing revenue bonds for any of its corporate purposes. The principal of and the interest on all such bonds shall be payable solely from, …
Ala. Code § 4-3-15 Publication of Notice of Bond Resolution; Limitation Period for
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Proceedings to Challenge Validity of Bonds, Proceedings for Issuance, Etc. Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may, in its discretion, cause to be published, once a week for two consecutive weeks, in a newspaper that…
Ala. Code § 4-3-16 Execution and Delivery of Bonds
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All bonds shall be signed by the chairman or vice-chairman and the secretary or treasurer of the authority and the seal of the authority shall be affixed thereto; provided, that a facsimile of the signature of one, but not both, of the officers whose signatures will appear on the…
Ala. Code § 4-3-17 Security for Bonds
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In the discretion of the authority, any bonds may be issued under and secured by an indenture between the authority and a trustee. Said trustee may be a private person or corporation, including but not limited to any trust company or bank having trust powers, whether such bank or…
Ala. Code § 4-3-18 Use of Proceeds from Sale of Bonds
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The proceeds derived from the sale of any bonds (other than refunding bonds) may be used only to pay the cost of acquiring, constructing, improving, enlarging and equipping the airport, facilities or property with respect to which they were issued, as may be specified in the proc…
Ala. Code § 4-3-19 Refunding Bonds
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The authority may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and the interest on any bonds of the authority theretofore issued hereunder and then outstanding, whether or not such principal and interest shall have matured …
Ala. Code § 4-3-2 Procedure for Incorporation
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Pursuant to the provisions of this article, airport authorities may be organized as public corporations with the powers herein set forth. To organize such a corporation, not less than three natural persons shall file with the governing body of any one or more counties, cities or …
Ala. Code § 4-3-20 Investment of County, Municipal, Etc., Funds in Bonds
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The governing body of any county, city or town within this state is authorized, in its discretion, to invest in bonds of the authority any idle or surplus money held in its treasury. History: (Acts 1963, No. 265, p. 696, §17.)
Ala. Code § 4-3-21 Eligibility of Bonds as Investments for Trusts, Savings Banks, Insurance
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Companies, Etc. Bonds issued under the provisions of this article are hereby made legal investments for executors, administrators, trustees and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the s…
Ala. Code § 4-3-22 Procedure for Dissolution of Authority
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At any time when no bonds of the authority are outstanding, the authority may be dissolved upon the filing with the judge of probate in the county in which is filed the certificate of incorporation of an application for dissolution, which shall be subscribed by each of the member…
Ala. Code § 4-3-23 Certain Contracts or Legal Actions Validated
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All contracts entered into or legal actions instituted prior to or after October 1, 1971, by any de facto or de jure authority organized under this article are hereby validated. History: (Acts 1971, No. 2251, p. 3614, §2.)
Ala. Code § 4-3-24 Provisions of Article Cumulative
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The provisions of this article are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with provisions of this article. History: (Acts 1963, No. 265, p. 696, §22.)
Ala. Code § 4-3-3 Contents of Certificate of Incorporation
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The certificate of incorporation of the authority shall state: (1) The names of the persons forming the authority, together with the residence of each thereof, and a statement that each of them is a duly qualified elector of and owner of property in the state; (2) The name of the…
Ala. Code § 4-3-4 Execution and Recordation of Certificate of Incorporation
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The certificate of incorporation of the authority shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds and shall have attached thereto a certified copy of each of the resolutions provided for …
Ala. Code § 4-3-40 Definitions
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When used in this article, unless the context plainly indicates otherwise, the present tense shall include the future tense, the singular shall include the plural, the plural shall include the singular and the following words and phrases shall have the meanings respectively ascri…
Ala. Code § 4-3-41 Authority and Procedure for Incorporation; Reincorporation of Existing
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Airport Authorities. (a) Pursuant to the provisions of this article, airport authorities may be organized as public corporations with the powers set forth in this article. To organize such a corporation, not less than three natural persons shall file with the governing body of an…
Ala. Code § 4-3-42 Certificate of Incorporation - Contents
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The certificate of incorporation of the authority shall state: (1) The names of the persons forming the authority, together with the residence of each thereof, and a statement that each of them is a duly qualified elector of and owner of property in the state; (2) The name of the…
Ala. Code § 4-3-43 Certificate of Incorporation - Execution and Recordation
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The certificate of incorporation of the authority shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds and shall have attached thereto a certified copy of each of the resolutions provided for …
Ala. Code § 4-3-44 Certificate of Incorporation - Amendment
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The certificate of incorporation of an authority may be amended to change or modify any provision or to add any provision which could have been included in the original certificate of incorporation. The amendment shall be effected in the following manner: The certificate of amend…
Ala. Code § 4-3-45 Board of Directors of Authority
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Each authority shall be governed by a board of directors of either three, five, or seven members as provided in the certificate of incorporation or the bylaws. If the sole authorizing subdivision is a county, the county commission of the county shall elect all directors. If the s…
Ala. Code § 4-3-46 Officers of Authority; Personnel
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The officers of the authority shall consist of a chairman, a vice-chairman, a secretary, a treasurer and such other officers as the board shall deem necessary to accomplish the purposes for which the authority was organized. The chairman and vice-chairman shall be elected by the …
Ala. Code § 4-3-47 Powers of Authority Generally
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The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate name for the duration of time (which may be in perpetuity) specified in its certificate of i…
Ala. Code § 4-3-47.1 Participation by Authorities in Certain Business Entities Relating to
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Airport Activities; Eminent Domain. (a) An airport authority may participate in a corporation, partnership, or joint venture as a general or limited partner, shareholder, or member of any lawful business entity relating to airport operations, land acquisitions, and activities inc…
Ala. Code § 4-3-48 Receipt, Expenditure, Etc., of Federal, State and Local Aid
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The authority is authorized to accept, receive, receipt for, disburse and expend federal, state and county or municipal moneys and other moneys, public or private, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of this article. Al…
Ala. Code § 4-3-49 Assistance and Cooperation by Counties, Municipalities, Etc
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For the purpose of aiding and cooperating with the authority in the planning, development, undertaking, construction, extension, improvement or operation of airports, heliports and air navigation facilities and other facilities, any county, municipality or other political subdivi…
Ala. Code § 4-3-5 Board of Directors of Authority
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Each authority shall be governed by a board of directors of three or more members, selected as provided herein. If the sole authorizing subdivision is a county, the governing body of said county shall elect all members, the number of such members to be set out in the certificate …
Ala. Code § 4-3-50 Civil Actions Against Authority, Directors, Etc
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No civil action shall be brought or maintained against the authority or any director thereof for or on account of the negligence of such authority or director or its or his agents, servants or employees in or about the construction, maintenance, operation, superintendence or mana…
Ala. Code § 4-3-51 Bonds - Issuance and Sale Generally; Payment of Principal and Interest
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Generally; Form, Denominations, Terms, Etc. The authority shall have the power and is hereby authorized at any time and from time to time to issue and sell its interest-bearing revenue bonds for any of its corporate purposes. The principal of and the interest on all such bonds sh…
Ala. Code § 4-3-52 Bonds - Publication of Notice of Bond; Limitation Period for Actions or
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Proceedings to Challenge Proceedings for Issuance of Bonds, Etc. Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may, in its discretion, cause to be published once a week for two consecutive weeks in a newspaper that is customar…
Ala. Code § 4-3-53 Bonds - Execution and Delivery
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All bonds shall be signed by the chairman or vice-chairman and the secretary or treasurer of the authority and the seal of the authority shall be affixed thereto; provided, that a facsimile of the signature of one, but not both, of the officers whose signatures will appear on the…
Ala. Code § 4-3-54 Bonds - Security for Payment of Principal and Interest
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In the discretion of the authority, any bonds may be issued under and secured by an indenture between the authority and a trustee. Said trustee may be a private person or corporation, including, but not limited to, any trust company or bank having trust powers, whether such bank …
Ala. Code § 4-3-55 Bonds - Disposition of Proceeds from Sale
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The proceeds derived from the sale of any bonds, other than refunding bonds, may be used only to pay the cost of acquiring, constructing, improving, enlarging and equipping the airport, facilities or property with respect to which they were issued, as may be specified in the proc…
Ala. Code § 4-3-56 Refunding Bonds
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The authority may at any time and from time to time issue refunding bonds for the purpose of refunding or providing funds to pay the principal of and the interest on any bonds of the authority theretofore issued under this article and then outstanding, whether or not such princip…
Ala. Code § 4-3-57 Investment of County or Municipal Funds in Bonds
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The governing body of any county or municipality within this state is authorized, in its discretion, to invest in bonds of the authority any idle or surplus money held in its treasury. History: (Acts 1977, No. 331, p. 433, §18.)
Ala. Code § 4-3-58 Eligibility of Bonds as Investment for Trusts, Savings Banks, Insurance
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Companies, Etc. Bonds issued under the provisions of this article are hereby made legal investments for executors, administrators, trustees and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the s…
Ala. Code § 4-3-59 Exemption of Bonds, Property and Income of Authority from Taxation;
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Concessionaires, Tenants, Etc., of Authority Subject to State and Local Taxation; Exemption from Payment of Deed Recording Fees and Roll-Back Taxes. The bonds issued by the authority and the income therefrom shall be exempt from all taxation in the state. All property and income …
Ala. Code § 4-3-6 Officers of Authority
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The officers of the authority shall consist of a chairman, a vice-chairman, a secretary, a treasurer and such other officers as the board shall deem necessary to accomplish the purposes for which the authority was organized. The chairman, vice-chairman and secretary of the author…
Ala. Code § 4-3-60 Exemption from State Contracting, Purchasing and Zoning Restrictions;
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Zoning Powers. Authorities organized pursuant to this article shall be exempt from the laws relating to the advertising and award of construction contracts and purchase contracts made by or in behalf of the state and its departments and public bodies and shall be exempt from all …
Ala. Code § 4-3-61 Procedure for Dissolution
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At any time when no bonds of the authority are outstanding, the authority may be dissolved upon the filing with the judge of probate in the county in which is filed the certificate of incorporation of an application for dissolution, which shall be subscribed by each of the member…
Ala. Code § 4-3-62 Provisions of Article Cumulative
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This article shall provide an alternate and additional procedure for incorporating airport authorities and governing such authorities when incorporated. The provisions of this article are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws a…
Ala. Code § 4-3-7 Immunity of Authority and Directors from Liability for Negligence
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No action or suit shall be brought or maintained against the authority, or any director thereof, for or on account of the negligence of such authority or director or its or his agents, servants or employees, in or about the construction, maintenance, operation, superintendence or…
Ala. Code § 4-3-8 Exemption of Bonds, Property and Income of Authority from Taxation;
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Concessionaires, Tenants, Etc., Subject to State and Local Taxation. The bonds issued by the authority and the income therefrom shall be exempt from all taxation in the state. All property and income of the authority shall be exempt from all state, county, municipal and other loc…
Ala. Code § 4-3-80 Authority and Procedure
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Any incorporated city or town in this state may borrow money to the extent of its constitutional debt limit for the purpose of providing funds to enable or assist any airport authority incorporated as a public corporation with the consent and approval of such city or town to acqu…
Ala. Code § 4-3-9 Tax or License for Use of Public Streets, Etc., Leading to or from Airport,
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Etc., Prohibited. No county, city or town may require the payment of any tax or privilege license by any person, firm or corporation for the reasonable use of the public streets, roads or highways therein leading to or from any airport, heliport or aircraft landing area owned or …