Code of Alabama

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11-89B-3
Section 11-89B-3 Contracts as security for payment of principal and interest on bonds. As security
for payment of the principal of and interest on bonds issued or obligations assumed by it,
such public corporation 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 and maintenance
of any water, sewer or garbage system or other revenue-producing facility owned by it or any
part or parts thereof, for the imposition and collection of reasonable rates for and the promulgation
of reasonable regulations respecting any service furnished from any such system or facility,
for the disposition and application of its gross revenues or any part thereof and for any
other act or series of acts not inconsistent with the provisions of this chapter for the protection
of the bonds and other obligations being secured and the assurance that the revenues from
such system or facility will be sufficient to...
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45-49-261.16
Section 45-49-261.16 Construction setbacks. (a) The Mobile County Commission, through the county
planning and zoning commission, shall regulate the construction setback from the centerline
of any state or county public road or highway located within the jurisdiction of the commission.
(b) The provisions of this section do not apply to poles, facilities, structures, water, gas,
sewer, electric, telephone, billboards, or utility lines or other facilities of public utilities.
(c) The construction setback from any state or county public road or highway shall vary according
to the highway functional classifications submitted by the Mobile County Commission and approved
by the Federal Highway Administration for Mobile County. (d) The functional classifications
and the construction setbacks required for each classification are established as follows:
(1) Principal arterials require a 125 foot setback from the centerline of the right-of-way.
(2) Minor arterials require a 100 foot setback from...
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11-50-301
Section 11-50-301 Reorganization and composition. (a) Effective January 1, 2017, the water
works board shall be reorganized and composed of the following members: (1) Two of the members
shall be appointed by the mayor of the authorizing municipality and four of the members shall
be appointed by the municipal governing body of the authorizing municipality. All of these
members shall be residents of the authorizing municipality and water customers of the board.
(2) One additional board member shall be appointed by the association of mayors in the county
where the authorizing municipality is located if there is an organized incorporated countywide
association of mayors or by the mayors of the county acting jointly if not. This member shall
hereafter be referred to as the board member appointed by the association of mayors. The board
member shall reside outside of the corporate limits of the authorizing municipality and shall
be a resident of the county where the authorizing municipality...
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11-50-348
Section 11-50-348 Liability upon revenue bonds, etc.; payment of bonds and expenses. Revenue
bonds issued under the provisions of this article shall not be deemed to constitute a debt
of the city or a pledge of the faith and credit of the city, but such bonds shall be payable
solely from the funds provided therefor from revenues. All such revenue bonds shall contain
on the face thereof a statement to the effect that neither the city nor the board shall be
obligated to pay the same or the interest thereon except from revenues of the water system
or sewer system in connection with which they are issued and that neither the faith and credit
nor the taxing power of the city is pledged to the payment of the principal of or the interest
on such bonds. All expenses incurred in carrying out the provisions of this article shall
be payable solely from funds provided under the authority of this article, and no liability
or obligation shall be incurred by the board under this article beyond the...
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11-50-349
Section 11-50-349 Remedies of bondholders and trustees. Any holder of revenue bonds issued
under the provisions of this article or of any of the coupons appertaining thereto and the
trustee under any trust agreement, except to the extent the rights given by this section may
be restricted by the resolution authorizing the issuance of such bonds or such trust agreement,
may, either by civil action, mandamus, or other proceeding, protect and enforce any and all
rights under the laws of the state or granted under this section or under such resolution
or trust agreement, and may enforce and compel the performance of all duties required by this
article or by such resolution or trust agreement to be performed by the board or by any officer
thereof including the fixing, charging, and collecting of rates, fees, and charges for the
use of or for the services and facilities furnished by the water system or sewer system. (Acts
1951, No. 775, p. 1359, §13.)...
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11-50-372
Section 11-50-372 Rights and powers of public water corporations and State Board of Health
as to sanitary sewers not impaired by article. Nothing contained in this article shall be
construed to deprive any such public water corporation of its right to fix the charges for
sanitary sewer service rendered by any sanitary sewer system owned by it, or its title thereto
or its control thereover and powers with respect thereto. Nothing contained in this article
shall be construed to impair any power of the State Board of Health granted by law with respect
to any such sanitary sewer system. (Acts 1953, No. 663, p. 920, §3.)...
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11-50-80
Section 11-50-80 Preparation, etc., of list of property owners to be assessed for purchase;
entry of list in assessment book for local improvements. (a) When any purchase of sewers,
or sewer system made under the provisions of this division is contemplated, the mayor or other
chief executive officer shall cause to be prepared a roll or list showing the names of the
property owners and opposite each name a description of each lot or parcel of land proposed
to be assessed for such purchase belonging to such owner or owners and the amount proposed
to be assessed against each lot or parcel of land. (b) Such a list shall be entered in a well-bound
book prepared for that purpose and shall contain appropriate columns in which payments may
be credited and the lien of the assessment satisfied by the proper officer of the municipality.
Said book shall be known as the "assessment book for local improvements" and shall
be a public record, and no error or mistake in regard to the name of the owner...
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11-97-1
Section 11-97-1 Legislative declarations and findings. It is hereby found and declared as follows:
(1) That the health, safety, and welfare of the people of this state require the provision
of certain utility services, including water and sewer services; (2) That it is necessary
for the Legislature to provide additional methods by which the cities and counties in the
state may provide new and improve existing utility services facilities; (3) That historically
a significant portion of the funding of the costs of construction of such utility services
facilities has been provided through grants from the United States of America; (4) That, in
recent years, funds available to cities and counties from the United States of America for
payment of costs of construction of utility services facilities has been substantially reduced,
and it is anticipated that, in coming years, such funds may be further reduced or eliminated;
(5) That the result of the elimination of funding from the United States...
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37-4-140
Section 37-4-140 Purchase of electricity. (a) For purposes of this section only, the following
terms shall have the following meanings: (1) AVOIDED COSTS. Costs that a utility or a commission
non-jurisdictional electric supplier which purchases electrical energy from a distributed
generation facility would have been required to incur but for the distributed generation facility's
provision of electrical energy during the same period of time. To the extent such costs are
actually avoided, the term may include incremental fuel costs, incremental energy losses,
incremental emission allowance costs, and incremental fuel-related operation and maintenance
expenses. The term does not include, among other things, costs associated with capacity, the
transmission and distribution system, administrative and general costs, customer accounting
costs, and general plant in service costs. (2) COMMISSION. The Alabama Public Service Commission.
(3) COMMISSION NON-JURISDICTIONAL ELECTRIC SUPPLIER. a. A...
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39-7-19
Section 39-7-19 Transfer of supervision, possession, control, etc., of property, rights, books,
papers, etc., of plant or system owned by municipality to authority generally; continuation
in effect of provisions of law as to powers and duties of municipal officers and employees.
Jurisdiction, supervision, possession and control of all property, real and personal, tangible
and intangible, together with all easements, water rights and other rights therein and all
other adjuncts, including books, papers and records, pertaining to any plant or system owned,
managed, supervised, possessed and controlled by a municipality for the purpose of furnishing
any services named in the petition pursuant to which an authority is incorporated shall devolve
and are hereby conferred and imposed upon such authority. The provisions of any laws regulating
the exercise of the powers and the performance of the duties of officers and employees of
such municipality shall continue in full force and effect until...
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