Code of Alabama - Title 33: Navigation and Watercourses - Chapter 2 - Development of Docks and Other Facilities Along Inland Waterways
- Article 1 1957 Provisions for Facilities Along Inland Waterways.
- Section 33-2-1 Authority of state and State Docks Department generally
In addition to the authority granted to the State of Alabama by the provisions of Section 93 of the Constitution of Alabama as amended, and...
- Section 33-2-2 Maximum cost of development
The entire cost to the state of engaging in the work or development authorized by this article shall not exceed in aggregate the principal sum...
- Section 33-2-3 Acquisition, construction, maintenance, operation, etc., of facilities; plans and survey; limitation upon right of eminent domain
Through the Alabama State Docks Department, the state, in engaging in the works of internal improvements authorized by this article, shall have the power to...
- Section 33-2-4 Powers and duties of department under article cumulative
All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the Alabama State Docks Department, shall be in addition to...
- Section 33-2-5 Power of eminent domain generally
There is hereby vested in the State Docks Department power of eminent domain in carrying out the provisions of this article, which power shall apply...
- Section 33-2-6 How property and rights-of-way may be acquired; eminent domain proceedings
In acquiring rights-of-way and property necessary for the construction of railroads and structures, including railroad crossings, wharves, piers, elevators, compresses, warehouses, improvements and riparian and...
- Section 33-2-7 Department may contract current indebtedness
In any operations conducted under this article, the State Docks Department may contract such current indebtedness as is necessarily incident to the progress of the...
- Section 33-2-8 General provisions relative to inland waterways improvement bonds and temporary loans
In order to provide funds for the purposes herein authorized, the Governor is hereby empowered to execute, with the concurrence of the director of state...
- Section 33-2-9 Application of proceeds of facilities; payment of deficiency where proceeds are insufficient to cover expenses
The proceeds of the handling and operation of improvements and facilities constructed pursuant to this article shall be applied as follows: All expenses of carrying...
- Section 33-2-10 Cost of each unit to be ascertained, etc.; sinking fund
Immediately upon the completion of each unit of development along its inland waterway system acquired or erected pursuant to this article, the director of the...
- Section 33-2-11 Faith and credit of state pledged to payment of bonds
For the payment of both the principal and interest of all bonds issued under the authority of this article according to their tenor, the full...
- Section 33-2-12 Rates and charges for use of facilities
In order to enable the operations established under this article to earn funds to pay operating expenses and interest on the bonds and to create...
- Section 33-2-13 Department to make reports to Legislature
The State Docks Department shall make to each regular session of the Legislature a report showing the indebtedness of the state created under this article,...
- Section 33-2-14 Exercise of authority by Governor and department; evidence of approval and consent of Governor and department
The Governor and the State Docks Department, respectively, are hereby directed and required to exercise the power and authority by this article conferred upon them,...
- Section 33-2-15 No prior indebtedness to be paid from funds received
No indebtedness heretofore incurred by the Alabama State Docks Department shall be paid out of any of the funds received by the department pursuant to...
- Section 33-2-16 Revocation and suspension of licenses to occupy state property
Any license heretofore granted by the State of Alabama, either expressly or by implication permitting the upland owner to occupy any part of the space...
- Section 33-2-17 Bonds and interest exempt from taxation
Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama...
- Section 33-2-18 Article cumulative; legislative intent
Nothing in this article shall be construed to alter, amend or repeal any act or part of any act now in force in this state...
- Article 2 1959 Provisions for Facilities Along Inland Waterways.
- Section 33-2-30 Definitions
The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them. These definitions shall include...
- Section 33-2-31 Dock facilities at additional cost of $3,500,000.00 authorized
In addition to the authority granted to the state by the provisions of any other law, the state is hereby expressly authorized and empowered, at...
- Section 33-2-32 Authorized cost additional; total cost to state
The authorization herein granted to the state of engaging in the aforesaid works of internal improvement at a cost of not exceeding $3,500,000.00 is in...
- Section 33-2-33 Authority to acquire, construct, maintain, etc., new facilities; completion of facilities acquired under 1957 act; plans and survey; approval of Governor; permit or consent from federal authorities
The state, acting through the department, shall, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase,...
- Section 33-2-34 Authority, etc., of department under article cumulative
All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all power, duties...
- Section 33-2-35 How property and rights-of-way may be acquired; eminent domain proceedings
In acquiring rights-of-way and property necessary for the construction of dock facilities and convenient approaches thereto in furtherance of the purposes of this article, the...
- Section 33-2-36 Department may contract current indebtedness
In any operations conducted under this article the department may contract such current indebtedness as is necessarily incident to the progress of the work in...
- Section 33-2-37 General provisions relative to additional inland waterways improvement bonds
In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not...
- Section 33-2-38 Requirements for sale of bonds
The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest...
- Section 33-2-39 Disposition of proceeds from sale of bonds
The proceeds from the sale of any of the bonds shall be paid into the state treasury and kept by the State Treasurer in a...
- Section 33-2-40 Application of revenues from dock facilities
The proceeds derived from the operation of each unit of development acquired or constructed pursuant to the provisions of this article shall be applied for...
- Section 33-2-41 Separate records as to each unit of development
The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed...
- Section 33-2-42 Rates and charges for use of facilities
The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by,...
- Section 33-2-43 Revocation or cancellation of licenses to occupy state property
Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the...
- Section 33-2-44 Bonds and interest exempt from taxation
Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the state of Alabama...
- Article 3 1961 Provisions for Facilities Along Inland Waterways.
- Section 33-2-60 Definitions
The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them. These definitions shall include...
- Section 33-2-61 Dock facilities at additional cost of $1,500,000.00 authorized
In addition to the authority granted to the state by the provisions of any other law, the state is hereby expressly authorized and empowered, at...
- Section 33-2-62 Authorized cost additional; total cost to state
The authorization herein granted to the state of engaging in the aforesaid works of internal improvement at a cost of not exceeding $1,500,000.00 is in...
- Section 33-2-63 Authority to acquire, construct, maintain, etc., new facilities; completion of facilities acquired under 1957 and 1959 acts; plans and survey; approval of Governor; permit or consent from federal authorities
The state, acting through the department, shall, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase,...
- Section 33-2-64 Authority, etc., of department under article cumulative
All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all power, duties...
- Section 33-2-65 How property and rights-of-way may be acquired; eminent domain proceedings
In acquiring rights-of-way and property necessary for the construction of dock facilities and convenient approaches thereto in furtherance of the purposes of this article, the...
- Section 33-2-66 Department may contract current indebtedness
In any operations conducted under this article, the department may contract such current indebtedness as is necessarily incident to the progress of the work in...
- Section 33-2-67 General provisions relative to additional inland waterways improvement bonds
In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not...
- Section 33-2-68 Requirements for sale of bonds
The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest...
- Section 33-2-69 Disposition of proceeds from sale of bonds
The proceeds from the sale of any of the bonds (other than refunding bonds) shall be paid into the State Treasury and kept by the...
- Section 33-2-70 Appropriation for payment of principal and interest on bonds
There is hereby appropriated for the payment of the principal of and interest on any bonds issued hereunder, under the 1957 Docks Act or under...
- Section 33-2-71 Application of revenues from inland waterways facilities
The gross revenues derived from the operation of each unit of development comprising a part of the inland waterways facilities shall be applied for the...
- Section 33-2-72 Refunding bonds
The state may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and the interest...
- Section 33-2-73 Separate records as to each unit of development
The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed...
- Section 33-2-74 Use of surplus revenues of Port of Mobile facilities to pay operating deficit
If it shall be determined by the department at the end of any fiscal year that there are surplus revenues of the Port of Mobile...
- Section 33-2-75 Rates and charges for use of facilities
The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by,...
- Section 33-2-76 Revocation or cancellation of licenses to occupy state property
Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the...
- Section 33-2-77 Bonds and interest exempt from taxation
Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama...
- Article 4 1963 Provisions for Facilities Along Inland Waterways.
- Section 33-2-90 Definitions
The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them. These definitions shall include...
- Section 33-2-91 Dock facilities at additional cost of $2,000,000.00 authorized
In addition to the authority granted to the state by the provisions of any other law, the state is hereby expressly authorized and empowered, at...
- Section 33-2-92 Authorized cost additional; total cost to state
The authorization herein granted to the state of engaging in the aforesaid works of internal improvement at a cost of not exceeding $2,000,000.00 is in...
- Section 33-2-93 Authority to acquire, construct, maintain, etc., new facilities; completion of facilities acquired under earlier acts; plans and survey; approval of Governor; permit or consent from federal authorities
The state, acting through the department, shall, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase,...
- Section 33-2-94 Authority, etc., of department under article cumulative
All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all power, duties...
- Section 33-2-95 How property and rights-of-way may be acquired; eminent domain proceedings
In acquiring rights-of-way and property necessary for the construction of dock facilities and convenient approaches thereto in furtherance of the purposes of this article, the...
- Section 33-2-96 Department may contract current indebtedness
In any operations conducted under this article, the department may contract such current indebtedness as is necessarily incident to the progress of the work in...
- Section 33-2-97 General provisions relative to additional inland waterways improvement bonds
In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not...
- Section 33-2-98 Requirements for sale of bonds
The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest...
- Section 33-2-99 Disposition of proceeds from sale of bonds
The proceeds from the sale of any of the bonds (other than refunding bonds) shall be paid into the State Treasury and kept by the...
- Section 33-2-100 Appropriation for payment of principal and interest on bonds
There is hereby appropriated for the payment of the principal of and interest on any bonds issued hereunder, under the 1957 Docks Act, or under...
- Section 33-2-101 Application of revenues from inland waterways facilities
The gross revenues derived from the operation of each unit of development comprising a part of the inland waterways facilities shall be applied for the...
- Section 33-2-102 Provisions of article applicable to refunding bonds; investment of proceeds of bonds, etc
All provisions of this article pertaining to bonds issued under this article that are not inconsistent with the provisions of this section shall, to the...
- Section 33-2-103 Separate records as to each unit of development
The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed...
- Section 33-2-104 Use of surplus revenues of Port of Mobile facilities to pay operating deficit
If at the end of any fiscal year there are surplus revenues of the Port of Mobile facilities with respect to that fiscal year and...
- Section 33-2-105 Rates and charges for use of facilities
The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by,...
- Section 33-2-106 Revocation or cancellation of licenses to occupy state property
Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the...
- Section 33-2-107 Bonds and interest exempt from taxation
Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama...
- Article 5 1967 Provisions for Facilities Along Inland Waterways.
- Section 33-2-120 Definitions
The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them: (1) 1967 DOCKS AMENDMENT....
- Section 33-2-121 Facilities at additional cost of $2,000,000.00 authorized
In addition to the authority granted to the state by the provisions of any other law, the state is hereby expressly authorized and empowered, at...
- Section 33-2-122 Authority to acquire, construct, maintain, etc., new facilities; completion of facilities acquired under earlier acts; plans and survey; approval of Governor; permit or consent from federal authorities
The state, acting through the department, shall, in promoting and aiding the commercial flow of agricultural products within the state, or in aid of commerce...
- Section 33-2-123 Authority, etc., of department under article cumulative
All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all powers, duties...
- Section 33-2-124 How property and rights-of-way may be acquired; eminent domain proceedings
In acquiring rights-of-way and property necessary for the construction of facilities and convenient approaches thereto in furtherance of the purposes of this article, the department...
- Section 33-2-125 Department may contract current indebtedness
In any operations conducted under this article, the department may contract such current indebtedness as is necessarily incident to the progress of the work in...
- Section 33-2-126 General provisions relative to inland facilities bonds
In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not...
- Section 33-2-127 Requirements for sale of bonds
The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest...
- Section 33-2-128 Disposition of proceeds from sale of bonds
The proceeds from the sale of any of the bonds (other than refunding bonds) shall be paid into the State Treasury and kept by the...
- Section 33-2-129 Appropriation for payment of principal and interest on bonds
There is hereby appropriated for the payment of the principal of and interest on any bonds issued hereunder, or under the 1957 Docks Act, the...
- Section 33-2-130 Application of revenues from inland facilities
The gross revenues derived from the operation of each unit of development comprising a part of the inland facilities shall be applied for the following...
- Section 33-2-131 Refunding bonds and investments
The state may at any time, and from time to time, issue refunding bonds for the purpose of refunding the principal of and the interest...
- Section 33-2-132 Separate records as to each unit of development
The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed...
- Section 33-2-133 Use of surplus revenues of Port of Mobile facilities to pay operating deficit
If at the end of any fiscal year there are surplus revenues of the Port of Mobile facilities with respect to that fiscal year and...
- Section 33-2-134 Rates and charges for use of facilities
The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by,...
- Section 33-2-135 Revocation of licenses to occupy state property
Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the...
- Section 33-2-136 Bonds and interest exempt from taxation
Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the state of Alabama...
- Article 6 1969 Provisions for Facilities Along Inland Waterways.
- Section 33-2-150 Definitions
The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them: (1) 1969 DOCKS AMENDMENT....
- Section 33-2-151 Facilities at additional cost of $10,000,000.00 authorized
In addition to the authority granted to the state by the provisions of any other law, the state is hereby expressly authorized and empowered, at...
- Section 33-2-152 Authority to acquire, construct, maintain, etc., new facilities; completion of facilities acquired under earlier acts; plans and survey; approval of Governor; permit or consent from federal authorities
The state, acting through the department, shall, in promoting and aiding the commercial flow of agricultural products within the state, or in aid of commerce...
- Section 33-2-153 Authority, etc., of department under article cumulative
All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all powers, duties...
- Section 33-2-154 How property and rights-of-way may be acquired; eminent domain proceedings
In acquiring rights-of-way and property necessary for the construction of facilities and convenient approaches thereto in furtherance of the purposes of this article, the department...
- Section 33-2-155 Department may contract current indebtedness
In any operations conducted under this article, the department may contract such current indebtedness as is necessarily incident to the progress of the work in...
- Section 33-2-156 General provisions relative to inland facilities bonds
In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not...
- Section 33-2-157 Requirements for sale of bonds
The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest...
- Section 33-2-158 Disposition of proceeds from sale of bonds
The proceeds from the sale of any of the bonds (other than refunding bonds) shall be paid into the State Treasury and kept by the...
- Section 33-2-159 Appropriation for payment of principal and interest on bonds
There is hereby appropriated for the payment of the principal of and interest on any bonds issued hereunder, or under the 1957 Docks Act, the...
- Section 33-2-160 Application of revenues from inland facilities
The gross revenues derived from the operation of each unit of development comprising a part of the inland facilities shall be applied for the following...
- Section 33-2-161 Refunding bonds and investments
The state may at any time, and from time to time, issue refunding bonds for the purpose of refunding the principal of and the interest...
- Section 33-2-162 Separate records as to each unit of development
The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed...
- Section 33-2-163 Use of surplus revenues of Port of Mobile facilities to pay operating deficit
If at the end of any fiscal year there are surplus revenues of the Port of Mobile facilities with respect to that fiscal year and...
- Section 33-2-164 Rates and charges for use of facilities
The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by,...
- Section 33-2-165 Revocation of licenses to occupy state property
Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the...
- Section 33-2-166 Bonds and interest exempt from taxation
Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama...
- Article 7 Acquisition, Construction, Financing, and Improvement of State Docks Facilities.
- Section 33-2-180 Definitions
Where used in this article the following words and terms shall be given the following respective meanings unless the context hereof clearly indicates otherwise: (1)...
- Section 33-2-182 Authorization to issue refunding bonds
Subject to the provisions contained in this article, the department may from time to time sell and issue its refunding bonds for the purpose of...
- Section 33-2-181 Authorization to issue docks facilities revenue bonds
The department, with the approval of the Governor, may from time to time and at any time, issue its docks facilities revenue bonds in such...
- Section 33-2-183 Docks facilities revenue bonds and refunding bonds - Generally
The docks facilities revenue bonds and the refunding bonds shall be in such forms and denominations and of such tenor and maturities (either serial or...
- Section 33-2-184 Docks facilities revenue bonds and refunding bonds - Execution
The docks facilities revenue bonds and refunding bonds shall be signed by the director and attested by the secretary-treasurer of the department, and all interest...
- Section 33-2-185 Docks facilities revenue bonds and refunding bonds - Sale
Docks facilities revenue bonds and refunding bonds may be sold by the department from time to time in series, and if sold in more than...
- Section 33-2-186 Docks facilities revenue bonds and refunding bonds - Nature of; pledge; negotiable instruments
The docks facilities revenue bonds and refunding bonds shall not be general obligations of the department but shall be payable solely out of docks facilities...
- Section 33-2-187 Docks facilities revenue bonds and refunding bonds - Exemption from taxation; use to secure deposit and for investment of fiduciary funds authorized
Docks facilities revenue bonds and refunding bonds and the income therefrom shall be exempt from all taxation in the state. Any of the docks facilities...
- Section 33-2-188 Docks facilities revenue bonds and refunding bonds - Disposition of proceeds of refunding bonds
The proceeds of refunding bonds shall be applied, together with any other moneys legally available therefor to the payment of the expenses authorized by this...
- Section 33-2-189 Docks facilities revenue bonds and refunding bonds - Disposition of proceeds of docks facilities revenue bonds
The department shall pay out of the proceeds from the sale of any of the docks facilities revenue bonds all expenses that the director may...
- Section 33-2-190 Docks facilities revenue bonds and refunding bonds - Defeasance
Any docks facilities revenue bond or refunding bond issued pursuant to the provisions of this article shall no longer be deemed to be outstanding, shall...
- Section 33-2-191 Docks facilities revenue bonds and refunding bonds - Continuation of special charges
The department is hereby authorized to continue to impose and collect all charges and other fees presently imposed and collected, pursuant to statutory authorization, by...
- Section 33-2-192 Docks facilities revenue bonds and refunding bonds - Pledge
All moneys hereby pledged shall constitute a sinking fund for the purpose of paying the principal of, premium, if any, and the interest on the...
- Section 33-2-193 Docks facilities revenue bonds and refunding bonds - Preservation of outstanding appropriations, pledges and covenants by state and department
It is the intention of the Legislature in enacting this article to preserve inviolate all appropriations and pledges heretofore made of any portion of any...
- Section 33-2-194 Docks facilities revenue bonds and refunding bonds - Covenant by department to maintain charges and other fees
For the benefit of the holders from time to time of the docks facilities revenue bonds and the refunding bonds herein authorized, and in order...
- Section 33-2-195 State Treasurer to disburse funds
Repealed by Acts 2007-280, p. 379, §6, and 2007-384, p. 766, §2, effective September 1, 2007.
- Section 33-2-196 Reserve funds for outstanding bonds
In the event there shall have been established any reserve or other similar funds for the benefit of any of the outstanding bonds and if...
- Section 33-2-200 Definitions
The words and terms used in this division shall have the same definitions as provided in Section 33-2-180. In addition, the following words and terms...
- Section 33-2-201 Special purpose obligations
(a) The department, from time to time, may issue special purpose obligations, which shall be limited obligations of the department payable from and secured solely...
- Section 33-2-202 Short-term obligations
The department, from time to time, may enter into or execute and deliver short-term obligations. Any short-term obligations shall not be general obligations of the...
- Section 33-2-203 Security for obligations
As security for the payment of any obligations agreed to in any swap agreement, as defined in subdivision (3) of Section 41-1-41, the department may...
- Article 8 Alabama State Docks Facilities Contingency Trust Fund.
Last modified: May 3, 2021