§ 11-92A-1 — Definitions

Alabama § 11-92A-1

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 92A: County Industrial Development Authorities

Text

When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ARTICLES. The articles of incorporation or articles of reincorporation of an authority.
(2) AUTHORITY. A public corporation incorporated and reincorporated pursuant to the provisions of this chapter.
(3) 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. If an authority does not designate an authorized operational area, then such authority’s authorized operational area shall be deemed for all purposes to be solely the county of incorporation of the authority.
(4) BOARD OF DIRECTORS. The board of directors of an authority.
(5) BOND OR BONDS. A bond or bonds issued under the provisions of this chapter.
(6) COUNTY OF INCORPORATION. The county of the state in which an authority has been or is proposed to be incorporated or reincorporated.
(7) DIRECTORS. The members of the board of directors.
(8) INCORPORATORS. The natural persons filing a written application for the incorporation or reincorporation of an authority pursuant to the provisions of this chapter.
(9) 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.
(10) PROBATE JUDGE. The judge of probate of the county of incorporation of an authority.
(11) 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. Any industry for the manufacturing, processing, cultivating, or assembling of any agricultural or manufactured products;
b. Any commercial enterprise involved in storing, warehousing, distributing, or selling products of agriculture, mining, or industry (but not including facilities designed for the sale or distribution to the public of electricity, gas, water, or telephone or other services commonly classified as public utilities);
c. Any facility classified as “industrial” within the Standard Industrial Classification (SIC) codes now or hereafter in effect;
d. Any enterprise for the purpose of research in connection with:
1. Any of the foregoing;
2. The development of new products or new processes;
3. The improvement of existing products or known processes;
4. The development of facilities for the exploration of outer space or promotion of the national defense;
e. Office facilities for any of the foregoing, regardless of whether such facilities are adjacent to or on a site contiguous to land used for any of the foregoing purposes, including national, regional, or divisional offices for the management or supervision of any of the operations described in this subparagraph; or
f. Facilities of any type for or useful in the control, reduction, abatement or prevention of air, noise, water, or general environmental pollution, including, but not limited to, any air pollution control facility, noise abatement or reduction facility, water management facility, water purification facility, waste water collection system, waste water treatment works or solid waste disposal facility.
The determination of an authority that a proposed use is within this definition shall be conclusive.
(12) PUBLIC PERSON. The state and any county, city, town, public corporation, agency, subdivision thereof, instrumentality thereof, or similar person.
(13) STATE. The State of Alabama.

Legislative History

(Acts 1989, No. 89-404, p. 802, §1; Act 99-350, p. 513, §1.)