Section 45-49A-64 Purpose; legislative findings. (a) The Legislature has found and determined and does hereby declare that in municipalities having a population of not less than 175,000 nor more than 250,000 the following conditions exist: (1) That the constant growth of private vehicular traffic in such counties is placing excessive burdens upon the road systems […]
Section 45-49A-64.01 Definitions. The following words and phrases used in this part, and others evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise, shall be given the following respective interpretations herein. (1) APPLICANT. A natural person who files a written application with the governing body of any municipality to which […]
Section 45-49A-64.02 Use of phrases. (a) The following provisions shall be applied wherever appropriate herein: Herein, hereby, hereunder, hereof, and other equivalent words refer to this part as an entirety and not solely to the particular section or portion thereof in which any such word is used. (b) The definitions set forth in Section 45-49A-64.01 […]
Section 45-49A-64.03 Filing of application; authorization of incorporation. (a) A public corporation may be organized pursuant to this part in any municipality having a population of not less than 175,000 nor more than 250,000 according to the last or any subsequent federal decennial census. In order to incorporate such a public corporation, any number of […]
Section 45-49A-64.04 Procedure to incorporate; contents and execution of certificate of incorporation. (a) Within 40 days following the adoption of an authorizing resolution by the governing body, the applicants shall proceed to incorporate an authority by filing for record in the office of the judge of probate of the county in which the municipality is […]
Section 45-49A-64.05 Amendments to certificate of incorporation. (a) The certificate of incorporation of any authority incorporated under this part may at any time and from time to time be amended in the manner provided in this section. The board of directors of the authority shall first adopt a resolution proposing an amendment to the certificate […]
Section 45-49A-64.06 Board of directors. (a) Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board pursuant to its authorization. The board shall consist of six directors. Each director shall be elected by the governing body of the authorizing municipality. The initial term of […]
Section 45-49A-64.07 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 perpetual, subject to Section 45-49A-64.19) specified in its certificate of incorporation. (2) […]
Section 45-49A-64.08 Rates, fees, and charges. Rates, fees, and charges for public transportation service rendered by the authority from any of its transit systems shall be fixed and from time to time revised as at all times to provide funds that, when added to all other revenues (including tax proceeds) anticipated to be received by […]
Section 45-49A-64.09 Bonds of authority. (a) All bonds issued by the authority shall be signed by the chair of its board or other chief executive officer 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 […]
Section 45-49A-64.11 Statutory mortgage lien. Any resolution of the board or trust indenture under which bonds may be issued pursuant to this part 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 transit systems, or any thereof (including any […]
Section 45-49A-64.12 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, all […]
Section 45-49A-64.13 Cooperation; aid from other public bodies. For the purpose of securing public transportation or aiding or cooperating with the authority in the planning, development, undertaking, construction, acquisition, extension, improvement, operation, or protection of transit systems, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of this state, upon such terms […]
Section 45-49A-64.14 Exemption from taxation. 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. The authority shall […]
Section 45-49A-64.15 Freedom of authority from Public Service Commission and other state supervision and control. This part 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 part expressly otherwise provided, […]
Section 45-49A-64.16 Use of public roads. Each authority is hereby authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or of its agencies or departments or the governing body of the county and subject only to the necessity of obtaining the municipal consent required […]
Section 45-49A-64.17 Annual budget and audit. Within 30 days of the beginning of the fiscal year of an authority, the board shall adopt a budget for such fiscal year. Any such budget may be amended by a resolution of the board from time to time and at any time. Within 30 days following the close […]
Section 45-49A-64.18 Employee membership in union permitted; civil service or merit systems not applicable. Any employee of the authority may join or participate in a labor union. No employee of the authority shall be subject to the provisions of any civil service or merit system or to the rules or regulations of any personnel board […]
Section 45-49A-64.19 Dissolution of authority and vesting of property. At any time when the authority has no bonds or other obligations outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of the resolution […]
Section 45-49A-64.20 Employee protective provisions. (a) The rights, benefits, and other employee protective conditions and remedies of Section 13(c) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. § 1609(c)), as determined by the Secretary of Labor, shall apply to the operation by the authority of any public transportation service and to […]
