Article 1 General Provisions 4-3-1 – 4-3-24
Article 2 Alternate Procedure for Incorporation 4-3-40 – 4-3-62
Article 3 Borrowing by Municipalities 4-3-80

Terms Used In Alabama Code > Title 4 > Chapter 3

  • AGRICULTURAL PRODUCTS: The products of field, pasture, meadow and garden; fruits, melons, berries, nuts, vegetables, livestock, poultry and poultry products, dairy products, fish, aquatic and seafood products and all other things commonly known as agricultural products. See Alabama Code 45-39-245.07
  • AIR NAVIGATION FACILITY: Any facility used in, available for use in, or designed for use, in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems or other instrumentalities or devices used or useful as an aid or constituting an advantage or convenience to the safe taking-off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. See Alabama Code 12-17-112
  • AIR NAVIGATION FACILITY: Any facility used in, available for use in, or designed for use in aid of, air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking-off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. See Alabama Code 12-17-185
  • aircraft: Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for use primarily as safety equipment. See Alabama Code 12-17-112
  • aircraft: Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for use primarily as safety equipment. See Alabama Code 12-17-185
  • airport: Any area of land or water which is used, or intended for use, for the landing, taking-off, storage, parking or dispersal of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings, facilities or rights-of-way, together with all airport buildings, structures and facilities located thereon. See Alabama Code 12-17-112
  • airport: Any area of land or water which is used, or intended for use, for the landing, take-off, storage, parking or dispersal of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings, facilities or rights-of-way, together with all airport buildings, structures and facilities located thereon. See Alabama Code 12-17-185
  • AIRPORT FACILITY: Any building, structure, land, right-of-way, equipment or instrumentality used or to be used in connection with the construction, enlargement, development, maintenance or operation of an airport or heliport or in connection with the exercise of any power of the authority. See Alabama Code 12-17-112
  • AIRPORT FACILITY: Any building, structure, land, right-of-way, equipment or instrumentality used or to be used in connection with the construction, enlargement, development, maintenance or operation of an airport or heliport or in connection with the exercise of any power of the authority. See Alabama Code 12-17-185
  • Appraisal: A determination of property value.
  • articles: The articles of incorporation or articles of reincorporation of an authority. See Alabama Code 45-30-241.03
  • articles: The articles of incorporation of an authority. See Alabama Code 45-30A-50.12
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: A public corporation organized pursuant to the provisions of this article. See Alabama Code 12-17-112
  • authority: A public corporation incorporated and reincorporated pursuant to the provisions of this chapter. See Alabama Code 45-30-241.03
  • authority: A public corporation organized pursuant to the provisions of this article. See Alabama Code 12-17-185
  • authority: A public corporation incorporated pursuant to this chapter. See Alabama Code 45-30A-50.12
  • authority: The public corporation organized pursuant to this article. See Alabama Code 45-29-90
  • AUTHORIZED OPERATIONAL AREA: The county or counties in which the authority has been or is proposed to be authorized to operate, as designated in its articles of incorporation in accordance with the provisions of this chapter. See Alabama Code 45-30-241.03
  • AUTHORIZING SUBDIVISION: Any county, city or town in this state whose governing body receives an application for permission to organize an authority. See Alabama Code 12-17-112
  • AUTHORIZING SUBDIVISION: Any county or municipality in this state whose governing body receives and approves an application for permission to organize an authority. See Alabama Code 12-17-185
  • bingo: That game commonly known as bingo where numbers or symbols on a card or paper sheet are matched with numbers or symbols selected at random. See Alabama Code 45-28-150.01
  • BINGO SESSION: A consecutive period of time not to exceed five consecutive hours during which bingo is played in a given day and not to exceed two such days in a given week, except for special permit holders. See Alabama Code 45-28-150.01
  • board: The board of directors of the authority. See Alabama Code 12-17-112
  • board: The board of directors of the authority. See Alabama Code 12-17-185
  • board: The board of directors of an authority. See Alabama Code 45-30A-50.12
  • board: The board of directors of the authority which shall be the governing body of the authority. See Alabama Code 45-29-90
  • BOARD OF DIRECTORS: The board of directors of an authority. See Alabama Code 45-30-241.03
  • bond: Any bond authorized to be issued pursuant to the provisions of this article. See Alabama Code 12-17-112
  • bond: Any bond authorized to be issued pursuant to the provisions of this article. See Alabama Code 12-17-185
  • bonds: Includes bonds and notes. See Alabama Code 45-29-90
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • COMPARABLE REPLACEMENT DWELLING: Any dwelling that is decent, safe, and sanitary; adequate in size to accommodate the occupants; within the financial means of the displaced person; functionally equivalent; in an area not subject to unreasonable adverse environmental conditions; and in a location generally not less desirable than the location of the dwelling of a displaced person with respect to public utilities, facilities, services, and the place of employment of a displaced person. See Alabama Code 45-30A-50.12
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Any of the 67 counties of the state. See Alabama Code 12-17-185
  • county: Fayette County. See Alabama Code 45-29-90
  • COUNTY OF INCORPORATION: The county of the state in which an authority has been or is proposed to be incorporated or reincorporated. See Alabama Code 45-30-241.03
  • COUNTY OF INCORPORATION: The county in which an authority has been or is proposed to be incorporated. See Alabama Code 45-30A-50.12
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • director: A member of the board of directors of the authority. See Alabama Code 12-17-112
  • director: A member of the board of directors of the authority. See Alabama Code 12-17-185
  • director: A member of the board of directors of the authority. See Alabama Code 45-29-90
  • directors: The members of the board of directors. See Alabama Code 45-30-241.03
  • directors: The members of the board of directors. See Alabama Code 45-30A-50.12
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • GOVERNING BODY: The county commission or other like governing body of Fayette County. See Alabama Code 45-29-90
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • heliport: An airport designed primarily for use by helicopters. See Alabama Code 12-17-112
  • heliport: An airport designed primarily for use by helicopters. See Alabama Code 12-17-185
  • incorporators: The natural persons filing a written application for the incorporation or reincorporation of an authority pursuant to the provisions of this chapter. See Alabama Code 45-30-241.03
  • incorporators: The natural persons filing a written application for the incorporation of an authority pursuant to this chapter. See Alabama Code 45-30A-50.12
  • indenture: A mortgage, an indenture of mortgage, deed of trust, trust agreement or trust indenture executed by the authority as security for bonds. See Alabama Code 12-17-112
  • indenture: A mortgage, an indenture of mortgage, deed of trust, trust agreement or trust indenture executed by the authority as security for bonds. See Alabama Code 12-17-185
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • JUDGE OF PROBATE: The judge of probate of the county of incorporation of an authority. See Alabama Code 45-30A-50.12
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 30-3D-608
  • LAND USE CERTIFICATE: A written document certifying that a regulated project or activity is in compliance with applicable ordinances. See Alabama Code 45-29-90
  • location: A single building, hall, enclosure, or outdoor area used for the purpose of playing bingo pursuant to a permit or license issued under this article. See Alabama Code 45-28-150.01
  • MANAGEMENT AREA: The Tom Bevill Reservoir Management Area. See Alabama Code 45-29-90
  • MILITARY INSTALLATION: A federal military fort, base, camp, post, station, yard, depot, arsenal, armory, or installation. See Alabama Code 45-30A-50.12
  • mortgage: The classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured by the mortgage. See Alabama Code 45-30A-50.12
  • municipality: Any of the incorporated municipal corporations of the state, whether classified as city or town. See Alabama Code 12-17-185
  • municipality: An incorporated city or town of the state. See Alabama Code 45-29-90
  • OPERATIONAL AREA: The parcels of realty within a county, previously conveyed to the United States of America, which formerly comprised a military installation, and all property in adjacent areas of close proximity to the military installation within the corporate limits of any municipality whose corporate limits lie in whole or in part within the operational area of the authority that is necessary or convenient to carry out the purposes of the authority. See Alabama Code 45-30A-50.12
  • OTHER FACILITY: Any land, right in land, building, structure, machinery, equipment or facility useful for or in connection with any housing or residential project or facility, or any educational project or facility, or any stadium, coliseum, fair ground, exhibition or athletic building or any other recreational facility, or any manufacturing, commercial, research or related facility for the promotion or development of industry or trade or any one or more or all of the foregoing. See Alabama Code 12-17-185
  • PERMIT HOLDER: A qualified organization which has been issued a permit or license pursuant to this article. See Alabama Code 45-28-150.01
  • person: Unless limited to a natural person by the context in which it is used, any person, including, without limitation, a private firm, a private association, a corporation, and a public person. See Alabama Code 45-30-241.03
  • person: Unless limited to a natural person by the context in which it is used, any person, including, without limitation, a private firm, a private association, a corporation, and a public person. See Alabama Code 45-30A-50.12
  • person: Any human being, corporation, association, or other legal entity. See Alabama Code 45-28-150.01
  • person: An individual, partnership, corporation, or association. See Alabama Code 45-30A-50.12
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of a county or municipality, of one or more of the several states, or of the United States of America. See Alabama Code 45-29-90
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • PROBATE JUDGE: The judge of probate of the county of incorporation of an authority. See Alabama Code 45-30-241.03
  • PRODUCERS OF AGRICULTURAL PRODUCTS: Individual persons, partnerships, associations and corporations who produce such products either directly or as landlords, tenants or sharecroppers. See Alabama Code 45-39-245.07
  • project: Any land and any buildings or other improvements thereon, and all real, personal, and mixed properties deemed by an authority to be necessary or appropriate 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. See Alabama Code 45-30-241.03

  • project: Any land and any buildings or other improvements thereon, and all real, personal, and mixed properties, within the operational area of an authority, deemed by an authority to be necessary or appropriate in connection therewith, whether or not now in existence, and which shall be suitable for the promotion of the purposes of the authority. See Alabama Code 45-30A-50.12
  • property: Includes real and personal property, and interest therein. See Alabama Code 45-29-90
  • PUBLIC PERSON: The state and any county, city, town, public corporation, agency, subdivision thereof, instrumentality thereof, or similar person. See Alabama Code 45-30-241.03
  • purpose: The authorized purposes of an authority, which include acquiring, holding, improving, installing, constructing, owning, leasing, developing, performing environmental restoration and remediation, selling, and otherwise disposing of the real and personal property within its operational area for any use, subject to governmental land use restrictions or authority. See Alabama Code 45-30A-50.12
  • QUALIFIED ORGANIZATION: A bona fide religious, educational, service, senior citizens, fraternal, or veterans' organization located in and serving the people of Etowah County which operates without profit to its members and which has been in existence continuously as such an organization for a period of five years and is exempt from taxation by virtue of having been classified as a tax exempt nonprofit organization by the Internal Revenue Service, United States Government. See Alabama Code 45-28-150.01
  • Recess: A temporary interruption of the legislative business.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • seafoods: shall include and mean all oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the water within the territorial jurisdiction of the State of Alabama. See Alabama Code 35-4-73
  • state: The State of Alabama. See Alabama Code 12-17-112
  • state: The State of Alabama. See Alabama Code 45-30-241.03
  • state: The State of Alabama. See Alabama Code 12-17-185
  • state: The State of Alabama. See Alabama Code 45-30A-50.12
  • state: In the absence of clear implication herein otherwise, means the State of Alabama. See Alabama Code 45-29-90
  • STATE AGENCY: Any permanent or temporary state office, department, division or unit, bureau, board, commission, authority, institution, state college or university, or other unit of state government, whether executive, legislative, or judicial, which has the authority to acquire property by eminent domain under state law and which carries out projects with federal or state financial assistance that cause people to be displaced, but shall not include any unit of local government. See Alabama Code 45-30A-50.12
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 30-3D-608
  • TOM BEVILL RESERVOIR MANAGEMENT AREA: Includes the following lands in Fayette County:

    Township 14 South, Range 10 West

    Section 32: S 1/2 of SE 1/4; Section 33: S 1/2 of SW 1/4

    Township 15 South, Range 10 West

    Section 4: NW 1/4; SW 1/4; Section 5: NE 1/4; SE 1/4; S 1/2 of SW 1/4; Section 7: SE 1/4 of NE 1/4; E 1/2 of SE 1/4; Section 8: All; Section 9: NW 1/4; SW 1/4; SE 1/4; S 1/2 of NE 1/4; Section 10: S 1/2 of NW 1/4; SW 1/4; Section 15: NW 1/4; SW 1/4; Section 16: All; Section 17: All; Section 18: SE 1/4; SW 1/4; S 1/2 of NW 1/4; S 1/2 of NE 1/4; NE 1/4 of NE 1/4; Section 19: N 1/2 of NW 1/4; NE 1/4; E 1/2 of SE 1/4; Section 20: All; Section 21: NW 1/4; SW 1/4; N 1/2 of NE 1/4; S 1/2 of SE 1/4; Section 22: N 1/2 of NW 1/4; Section 28: All; Section 29: All; Section 30: SE 1/4; NE 1/4; E 1/2 of NW 1/4; E 1/2 of SW 1/4; Section 31: SE 1/4; NE 1/4; E 1/2 of NW 1/4; E 1/2 of SW 1/4; Section 32: All; Section 33: All; Section 34: NW 1/4; SW 1/4; W 1/2 of NE 1/4; W 1/2 of SE 1/4. See Alabama Code 45-29-90

  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.