Title 41

This article shall be known and cited as “The Africatown, U.S.A. Act of 1985.” (Acts 1985, 2nd Ex. Sess., No. 85-950, p. 292, §1.)

The word “authority” as used throughout this article shall mean “The Africatown, U.S.A. Historic Preservation Authority” unless the context clearly intends a different meaning. (Acts 1985, 2nd Ex. Sess., No. 85-950, p. 292, §2.)

In order to preserve and interpret to the public the historic and cultural properties at and near Africatown, U.S.A. in Mobile County, the Commissioner of the state Department of Conservation and Natural Resources shall include the descriptions of lands and boundaries contained i…

There is hereby established in the City of Prichard, Alabama, the Africatown, U.S.A. State Park to recognize the significance of Africatown, U.S.A. in American history and culture and to commemorate African heritage in the United States of America, with boundaries described as fo…

The Governor is authorized to enter into agreements with the City of Prichard for supervision and maintenance of the park and for construction on a portion of the land as authorized, certain administrative facilities including the Institute of Ethnic Science and Technology, a vis…

The State of Alabama, in recognition of the Africatown, U.S.A. settlement, to American history and culture, hereby authorizes and empowers the City of Prichard to enter into negotiations for the acquisition of, and to acquire, by conveyance, gift, or bequest, rights to place comm…

There is hereby established a state advisory committee to the Africatown, U.S.A. State Park which shall include the Director of the state Historical Commission, the Director of the Department of Conservation and Natural Resources, the Director of the state Department of Tourism, …

The Institute of Ethnic Science and Technology shall serve as a state resource for reviews, research and informational update on planning, design, and management of the park as an African-American state heritage resource and for support to the State Department of Tourism in the d…

In accordance with “The Historical Preservation Authorities Act of 1979,” excluding any sections relating to the National Register of Historic Places as a qualifying element to establish a public corporation and exempting any corporation formed under the authority of said act fro…

It is the intent of this article that it shall not restrict or impair the real, personal, or mixed property in which any individual person, industry, business, utility, industrial development board or similar board or authority, public or private corporation, or the Alabama State…

Any person who has any interest in real, personal, or mixed property as described in Section 41-10-239 herein may enjoin the violation of, or enforce compliance with, this article or any program adopted hereunder. (Acts 1985, 2nd Ex. Sess., No. 85-950, p. 292, §11.)

The following terms, wherever used in this article, shall have the following respective meanings unless the context clearly indicates otherwise: (1) AUTHORITY. The public corporation organized pursuant to the provisions of this article. (2) BOARD OF DIRECTORS. The board of direct…

It is the intent of the Legislature by the passage of this article to authorize the incorporation by the Governor, the Director of Finance, and the Chief Justice of a public corporation for the purpose of acquiring, constructing, installing, equipping, operating, and maintaining …

The Governor, the Director of Finance, the Lieutenant Governor, the Speaker of the House, and the Chief Justice may become a public corporation with the powers and authorities hereinafter provided, by proceeding according to the provisions of this article. (Acts 1986, No. 86-420,…

To become a corporation, the Governor, the Director of Finance, the Lieutenant Governor, the Speaker of the House, and the Chief Justice shall present to the Secretary of State an application signed by each of them which shall set forth: (1) The name, official designation, and of…

When the application has been made, filed, and recorded as provided in Section 41-10-263, 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 wit…

The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be the chair of the authority, the Chief Justice shall be the vice chair of the authority, and the Director of Finance shall be the …

The board of directors of the authority shall meet at such times upon such notice as it shall determine. (Acts 1986, No. 86-420, p. 627, §7.)

The authority shall have the following powers among others specified in this article: (1) To have succession by its corporate name until dissolved as provided in this article; (2) To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdictio…

The authority is hereby authorized from time to time to sell and issue its interest-bearing or noninterest-bearing bonds, in one or more series, not to exceed an aggregate principal amount of $40,000,000.00, excluding refunding bonds described in Section 41-10-277, for the purpos…

(a) As used in this section, the following terms shall have the following respective meanings: (1) “Authority” means the Alabama Judicial Building Authority organized pursuant to the 1986 Act. (2) “1986 Act” means Act No. 86-420, enacted at the 1986 Regular Session of the Legisla…

All bonds of the authority shall be signed by its chair or vice chair, and the seal of the authority shall be affixed thereto and attested by its secretary or assistant secretary. The signatures of the chair, vice chair, secretary, and assistant secretary may be facsimile signatu…

All proceeds derived from the sale of any bonds (except refunding bonds) by the authority remaining after payment of the expenses of issuance thereof shall be turned over to the State Treasurer, shall be carried in a special account of the State Treasury to the credit of the auth…

The authority shall proceed with the acquisition, construction, installation, and equipping of the judicial facilities as soon as may be practicable following the sale of the authority’s bonds. Such acquisition, construction, installation, and equipping shall be done by the autho…

For the purpose of providing funds for the payment of the principal of, premium, if any, and interest on the bonds issued by the authority under the provisions of this article, there is hereby created and irrevocably pledged to the payment of such obligations a special and contin…

Any resolution of the board of directors authorizing the issuance of bonds may contain any provision or agreement customarily contained in instruments securing evidences of indebtedness, including, without limiting the generality of the foregoing, a pledge, transfer or assignment…

From the fund to be pledged pursuant to Section 41-10-272 hereof, the State Treasurer is authorized and directed to pay the principal of, premium, if any, and interest on the bonds as such principal and interest shall respectively mature, and is further authorized and directed to…

The authority, as lessor, and the Unified Judicial System, as lessee (acting by and through the Chief Justice or his or her designee) are hereby authorized to enter into a lease or leases for the use and occupancy of the judicial facilities constructed by the authority under the …

Any portion of the principal proceeds derived from the sale of the bonds which the board of directors may determine is not then needed for any of the purposes for which the bonds are authorized to be issued shall, on order of the authority, be invested by the State Treasurer in p…

Any bonds issued by the authority may from time to time thereafter be refunded by the issuance of refunding bonds of the authority. Any such refunding bonds may be issued regardless of whether the bonds to be refunded shall have then matured or shall thereafter mature, and such r…

Any resolution authorizing any bonds hereunder shall contain a recital that they are issued pursuant to the provisions of this article, which recital shall be conclusive evidence that said bonds have been duly authorized pursuant to the provisions of this article, notwithstanding…

The properties of the authority and the income therefrom, all lease agreements made by the authority, all bonds issued by the authority and the income therefrom and all lien notices, mortgages, assignments, and financing statements filed with respect thereto shall be forever exem…

All bonds (and income therefrom) issued by the authority shall be construed to be negotiable instruments subject to the registration provisions pertaining to transfers, even though they are payable from a limited source. (Acts 1986, No. 86-420, p. 627, §21.)

All contracts made, obligations incurred and bonds issued by the authority shall be solely and exclusively obligations of the authority and shall not create obligations or debts of the state. (Acts 1986, No. 86-420, p. 627, §22.)

Any bonds issued by the authority may be used by the holders thereof as security for deposits of any funds belonging to the state or to any instrumentality, agency, or political subdivision of the state in any instance where security for such deposits may be required or permitted…

The authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any private entity. (Acts 1986, No. 86-420, p. 627, §24.)

At any time when the bonds and other obligations of the authority have been paid in full, the authority may be dissolved upon the filing with the Secretary of State of a written statement for dissolution, reciting payment in full of all bonds and other obligations of the authorit…

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) AUTHORITY. The public corporation organized pursuant to the provisions of this article. (2) COMMISSION. The Alabama Space Science Exhibit Commission es…

It is the intent of the Legislature, by the passage of this article, to authorize the incorporation of a public corporation for the purposes of acquiring land, constructing and equipping facilities, leasing such facilities to the commission (or others, to the extent provided for …

Any three individual citizens of the state selected for such purpose by the commission and approved by the Governor of the state may become a public corporation with the power and authority provided in this article by proceeding according to the provisions hereof. (Acts 1986, No.…

(a) To become a corporation, the three individuals selected pursuant to Section 41-10-302 shall present to the Secretary of State of Alabama an application signed by them which shall set forth: (1) The name and residence of each of the applicants, together with a certified copy o…

When the application has been made, filed and recorded as provided in Section 41-10-303 hereof, 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 certifica…

The applicants named in the application and their respective successors in office shall constitute the members of the authority. At the time of initial selection by the commission of the individual citizens to incorporate the authority pursuant to Section 41-10-302, the commissio…

All resolutions adopted by the board of directors shall constitute actions of the authority, and all proceedings of the board of directors shall be reduced to writing by the secretary of the authority, shall be signed by the members of the authority, and shall be recorded in a su…

The authority shall have the following powers among others specified in this article: (1) To have succession in its corporate name until the principal of and interest on all bonds issued by it shall have been fully paid and until it shall have been dissolved as provided herein; (…

In anticipation of issuance of bonds under this article, the authority may, from time to time, borrow such sums as may be needed for any of the purposes for which bonds are authorized to be issued under this article, and in evidence of the moneys so borrowed may issue its promiss…