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Home » US Law » 2022 Code of Alabama » Title 16 - Education. » Chapter 17 - Educational Building Authorities.

Section 16-17-1 – Definitions.

Section 16-17-1 Definitions. For purposes of this chapter, the following words and phrases shall be given the following respective meanings: (1) ANCILLARY IMPROVEMENTS. Educational and related facilities of every kind including, but without limitation to, classrooms, scientific and other laboratories, libraries, auditoriums, gymnasiums, cafeterias, dining rooms, dormitories, student and faculty apartments, student union buildings, recreational […]

Section 16-17-10 – Bonds of Authority.

Section 16-17-10 Bonds of authority. (a) All bonds issued by the authority shall be signed by its chairman and attested by its secretary, and the seal of the authority shall be affixed thereto, and any interest coupons applicable to the bonds of the authority shall be signed by the said chairman; provided, that a facsimile […]

Section 16-17-11 – Contracts to Secure Bonds and Assumed Obligations.

Section 16-17-11 Contracts to secure bonds and assumed obligations. As security for payment of the principal of and interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation, maintenance […]

Section 16-17-12 – Statutory Mortgage Lien.

Section 16-17-12 Statutory mortgage lien. Any resolution of the board or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien in favor of the holders of such bonds and of the interest coupons applicable thereto on the ancillary improvements or any […]

Section 16-17-13 – Proceeds From Sale of Bonds.

Section 16-17-13 Proceeds from sale of bonds. All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to: (1) […]

Section 16-17-14 – Exemption From Taxation.

Section 16-17-14 Exemption from taxation. The authority, the property and income of the authority, all bonds issued by the authority, the income from such bonds, conveyances by or to the authority and leases, mortgages and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. No […]

Section 16-17-15 – Freedom of Authority From State Supervision and Control.

Section 16-17-15 Freedom of authority from state supervision and control. This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate powers to fulfill their functions. Except as in this chapter expressly otherwise provided, no proceeding, notice or approval […]

Section 16-17-16 – Earnings of Authority.

Section 16-17-16 Earnings of authority. 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 individual, association or corporation; except, that in the event the board of directors of the authority shall determine that sufficient provision has been […]

Section 16-17-17 – Investments in Bonds of Authority.

Section 16-17-17 Investments in bonds of authority. Unless otherwise directed by the court having jurisdiction thereof or by the document that is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of […]

Section 16-17-18 – Notice of Bond Resolution.

Section 16-17-18 Notice of bond resolution. 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 published in the determining municipality, or if there is no newspaper published in the […]

Section 16-17-19 – Dissolution of Authority and Vesting of Title to Its Properties.

Section 16-17-19 Dissolution of authority and vesting of title to its properties. At any time when the authority does not have any bonds outstanding and when there shall be no obligations assumed by the authority that are then outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that […]

Section 16-17-2 – Legislative Intent.

Section 16-17-2 Legislative intent. It is the purpose of the Legislature by this chapter to authorize the incorporation of educational building authorities as public corporations and as political subdivisions of the state for the purpose of providing ancillary improvements for use in connection with educational institutions in this state, and to invest each authority organized […]

Section 16-17-3 – Procedure to Incorporate.

Section 16-17-3 Procedure to incorporate. (a) By proceeding in the manner set forth herein, any number of natural persons, not less than three, may incorporate an educational building authority as a public corporation and as a political subdivision of the state. The said natural persons shall first file with the governing body of any municipality […]

Section 16-17-4 – Amendments to Certificate of Incorporation.

Section 16-17-4 Amendments to certificate of incorporation. (a) The certificate of incorporation of any authority incorporated under the provisions of this chapter may at any time and from time to time be amended in the manner provided in this section. (b) The board of directors of the authority shall first adopt a resolution proposing an […]

Section 16-17-5 – Board of Directors.

Section 16-17-5 Board of directors. Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization. The board shall consist of three directors elected, as soon as may be practicable after the organization of the authority, by the governing body […]

Section 16-17-6 – Officers of Authority.

Section 16-17-6 Officers of authority. The officers of an authority shall consist of a chairman, vice-chairman, secretary, treasurer and such other officers as its board shall deem necessary or appropriate. The offices of secretary and treasurer may but need not be held by the same person. The chairman and vice-chairman of an authority shall be […]

Section 16-17-7 – Powers of Authority.

Section 16-17-7 Powers of authority. 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, subject to the provisions of Section 16-17-19) specified in its […]

Section 16-17-8 – Location of Ancillary Improvements.

Section 16-17-8 Location of ancillary improvements. Any ancillary improvements of the authority may be located within or without or partially within and partially without the determining municipality, subject to the following conditions: (1) No such ancillary improvements, or part thereof, shall be located more than 15 miles from the corporate limits of the determining municipality; […]

Section 16-17-9 – Remedies Under Lease Agreements.

Section 16-17-9 Remedies under lease agreements. If there is any default in the payment of any rental required to be paid or in the performance of any covenant required to be performed by any educational institution under the provisions of any lease agreement between such educational institution and an authority, the authority and any pledgee […]