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11-44B-23
Section 11-44B-23 Authority to collect surcharge on new water and/or sewer customers. Any law
to the contrary notwithstanding and in addition to any other lawful charges, fees or rates
which may be imposed and collected under various state laws and municipal ordinances for water
and/or sewer service, any Class IV incorporated municipality in this state organized pursuant
to Section 11-44B-1, et seq., that maintains and operates a water supply system and a sanitary
sewer system shall have the power and authority to establish and collect in addition to all
other fees and charges, a surcharge upon each new water and/or sewer customer of the municipality
from April 21, 1994 not located within the corporate limits of the municipality. Provided,
however, said surcharge shall not exceed 25 percent of any such water and/or sewer customer's
monthly bill for such services. Provided further, however, no such surcharge may be imposed
or collected for water sales to any water works system operated...
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11-89-7
Section 11-89-7 Powers of district generally; power of district to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally.
(a) The district 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 perpetuity, subject to the provisions of Section
11-89-17) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, except as otherwise provided in this chapter, and to defend civil actions
against it; (3) To adopt and make use of a corporate seal and to alter the same at pleasure;
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;
(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether...
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11-89C-2
Section 11-89C-2 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings: (1) AGRICULTURAL LAND. Any real property classified or assessed
as agricultural or forest land for property tax purposes. (2) COMMERCIAL PROPERTY. Any real
property that is not residential property, as defined in this section, or has not specifically
been exempted from the fee provisions set out in Section 11-89C-9(d)(1). (3) GOVERNING BODY.
The governing body of a county or municipality in the state which is now or may hereafter
be specifically designated in 40 C.F.R. Part 122, including, but not limited to, any appendices
or revisions promulgated by EPA in conjunction with any expansion of the agency's municipal
separate storm sewer system program (e.g. Phase III, Phase IV, and/or equivalent expansions),
or by ADEM pursuant to the authority delegated to it under the Clean Water Act, 33 U.S.C.
ยง1251 et seq. (4) GREENFIELD. Any real property not previously...
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11-99A-2
Section 11-99A-2 Definitions. In this chapter the following words shall have the following
meanings: (1) APPOINTING GOVERNMENT. The municipality or county that approves the creation
of a district and appoints members to the board. (2) BOARD. The board of directors of a district.
(3) CONTIGUOUS. Two tracts of land if touching for a continuous distance of not less than
200 feet. The term includes tracts of land divided by bodies of water, streets, railroad,
or utility rights-of-way, or by land owned by any public person. In determining whether land
is contiguous with a municipality, (i) land separated by bodies of water, streets, or railroad,
or utility rights-of-way is contiguous even though the bodies of water, streets, or rights-of-way
are within the city limits of another municipality and (ii) land separated by land owned by
a public person is not contiguous if the land owned by the public person is within the city
limits of another municipality. (4) COUNCIL. The governing body of a...
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11-50-314
Section 11-50-314 Powers of corporation generally; provisions in mortgages, deeds of trust,
or pledge agreements executed by corporation as to rights of parties thereto, etc. (a) Each
corporation formed or the certificate of incorporation of which is amended under this article
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 in perpetuity) specified in its certificate of incorporation
or until dissolved as provided in this article; (2) To sue and be sued and to defend civil
actions against it; (3) To make use of a corporate seal and to alter the same at pleasure;
(4) To acquire, purchase, construct, operate, maintain, enlarge, extend, and improve any system
or systems, the operation of which is provided for in the certificate of incorporation of
such corporation or in any amendment thereto (whether or not such system or...
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11-43A-85
Section 11-43A-85 Qualifications of city manager; duties and powers; designation or appointment
of administrative officer to perform duties of manager during temporary absence or disability.
(a) The city manager shall be chosen by the council solely on the basis of his executive and
administrative qualifications with special reference to his actual experience in, or his knowledge
of, accepted practice with respect to the duties of his office as hereinafter set forth. At
the time of appointment, the city manager may but need not be a resident of the municipality
or state, but within 90 days of the beginning of employment, he shall become a resident and
shall continue to reside within the municipality during his employment. (b) The city manager
shall be the head of the administrative branch of the municipal government. He shall be responsible
to the council for the proper administration of all affairs of the municipality and, subject
to the provisions of any civil service or merit system...
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11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope. (a) Except
where otherwise specifically prohibited or provided for either heretofore or hereafter by
general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127,
control of animals and animal nuisances. (3) Control of litter as defined in subsection (b)
of Section 13A-7-29, or rubbish as defined in subdivision...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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11-50-121
Section 11-50-121 Establishment, etc., of charges for sewer services; combination of sewer
system and water distribution system and establishment, etc., of single schedule of charges,
etc., therefor. (a) Each municipality owning a sewer system shall have the power to establish
and collect and from time to time alter charges for service furnished by or from said sewer
system. All such charges shall be uniform for the same type, class, and amount of use of or
service by or from the sewer system, and such charges may be measured or computed on the basis
of any one or more or combination of the following: (1) The quantity of water used upon the
premises served by the sewer system; (2) The number and kind of water outlets upon or in connection
with such premises; (3) The number and kind of plumbing facilities or sewer fixtures on or
in connection with such premises; (4) The number of persons residing or working in or otherwise
connected with or using such premises; (5) The type or character...
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40-9-14.1
Section 40-9-14.1 Certificates of exemption to governmental entities, contractors, etc., for
certain tax exempt projects. (a) For the purposes of this section, the term governmental entity
means the State of Alabama and its political subdivisions, including a county, a municipality,
an industrial or economic development board or authority, and any public water or sewer authority,
district, system, or board that otherwise is sales and use tax exempt. A governmental entity
shall also include an educational institution of any of the foregoing Alabama political subdivisions
including a public college or university, a county or city board of education, and the State
Board of Education. (b)(1) The Department of Revenue shall issue a certificate of exemption
to the governmental entity for each tax exempt project. (2) The Department of Revenue shall
grant a certificate of exemption from state and local sales and use taxes to any contractor
licensed by the State Licensing Board for General...
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