§ 11-94-1 — Definitions

Alabama § 11-94-1

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 94: Port Authorities

Text

Whenever used in this chapter, unless the context plainly indicates otherwise, the present term shall include the future term, the singular shall include the plural, the plural shall include the singular, the masculine shall include the feminine, and the following words and phrases shall have the following meanings respectively ascribed to them by this section:
(1) AUTHORITY. A nonprofit public corporation organized pursuant to the provisions of this chapter.
(2) AUTHORIZING SUBDIVISION. Any county or municipality to which application has been made for authority to incorporate an authority under this chapter.
(3) BOARD. The board of directors of an authority.
(4) DIRECTOR. A member of the board of directors of an authority.
(5) COUNTY. Any county in this state that abuts on a navigable river or through which a navigable river runs.
(6) GOVERNING BODY. With respect to a county, the county commission and, with respect to a municipality, the council, commission or other governing body of such municipality.
(7) MUNICIPALITY. Any incorporated city or town in this state.
(8) INDENTURE. Any mortgage, indenture of mortgage, deed of trust, trust agreement or trust indenture executed by an authority as security for its bonds.
(9) PROJECT.
a. Any land, any interest in land, any building, structure, or improvement thereon, any machinery, equipment, furniture, furnishings, facility or personal property, or any of them, which, in the judgment of the board of an authority is suitable for use by the authority in carrying out its powers and the functions authorized by this chapter, including, without limitation, ports, docks, and all kinds of dock facilities, water and rail terminals and facilities, wharves, piers, berths, quays, loading and unloading facilities and other related facilities, marinas, boating facilities, facilities for aquatic entertainment and sports, facilities for fishing, pavilions, auditoriums, motels, restaurants, coffee shops, stores, warehouses, factories, manufacturing plants, industrial plants, office and other commercial buildings and facilities, or any of them.
b. Any land and any building or other improvement thereon and all real and personal properties deemed necessary in connection therewith, including without limitation office facilities and any other necessary or appropriate facilities, whether or not now in existence, which shall be suitable for use as:
1. Office facilities or headquarters in connection with the administrative, managerial or operational activities of an authority in carrying out its powers and the functions authorized by this chapter, and
2. To the extent deemed advisable by the board of such authority, as office facilities or headquarters of any of the following or any combination of two or more thereof:
(i) Any local or regional chamber of commerce, industrial development association, board of trade, or other similar association or organization, one of the purposes or objects of which is the promotion of trade, business, professional or economic conditions;
(ii) Any convention, visitors or other similar bureau or organization, one of the purposes or objects of which is the promotion of tourism or of conventions or meetings of business, civic or trade association groups;
(iii) Any municipal or county industrial development board, commercial development authority or other similar public corporation;
(iv) Any community chest or similar charitable or civic organization; and
(v) Any nonprofit educational foundation, one of the purposes or objects of which is the acquisition, development and sale of land for industrial development purposes and whose net earnings inure to the benefit of one or more institutions of higher education operated by the State of Alabama; provided, that no such land, buildings, improvements, properties or facilities shall constitute a “project,” within the scope of this paragraph b., unless used, at least in part, by an authority for the purposes hereinabove prescribed.
(10) WATERFRONT PROPERTY. Any property on or near any navigable river in this state.

Legislative History

(Acts 1980, No. 80-647, p. 1220, §1; Acts 1986, No. 86-562, p. 1143, §1; Act 2007-285, p. 512, §1.)