11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under this
chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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45-25-250.08
Section 45-25-250.08 Planning, development, operation, etc., of water, sewer, or garbage systems.
For the purpose of securing water, sewer, or garbage service or aiding or cooperating with
the authority in the planning, development, undertaking, construction, extension, improvement,
operation, or protection of water, sewer, or garbage systems, any county, municipality or
other political subdivision, public corporation, agency, or instrumentality of this state
may, upon such terms and with or without consideration, as it may determine: (1) Appropriate,
lend, or donate money to or perform services for the benefit of the authority (2) Donate,
sell, convey, transfer, lease or grant to the authority, without the necessity of authorization
at any election of qualified voters, any property of any kind, including, but without limitation,
any water, sewer, or garbage system, any interest in any thereof and any franchise (3) Do
any and all things, whether or not specifically authorized in this...
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45-36-252.08
Section 45-36-252.08 Planning, development, operation, etc., of water, sewer, or garbage system.
For the purpose of securing water, sewer, or garbage service or aiding or cooperating with
the authority in the planning, development, undertaking, construction, extension, improvement,
operation, or protection of water, sewer, or garbage systems, any county, municipality, or
other political subdivision, public corporation, agency, or instrumentality of this state
may, upon such terms and with or without consideration, as it may determine: (1) Appropriate,
lend, or donate money to or perform services for the benefit of the authority. (2) Donate,
sell, convey, transfer, lease, or grant to the authority, without the necessity of authorization
at any election of qualified voters, any property of any kind, including, but without limitation,
any water, sewer, or garbage system, any interest in any thereof and any franchise. (3) Do
any and all things, whether or not specifically authorized in...
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11-48-105
Section 11-48-105 Correction of description of ownership of property; reduction of assessment.
The governing body of a municipality may, at any time before judgment entered in the circuit
court, correct errors in the description of ownership of property against which an assessment
has been made for public improvements and may, whenever in its judgment the assessment is
in excess of the special benefits derived from such improvement, reduce the assessment pending
appeal. (Acts 1919, No. 61, p. 65; Code 1923, §2247; Code 1940, T. 37, §577.)...
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11-48-19
Section 11-48-19 Assessment of costs of improvements against railroads. If there is a street,
electric, or other railroad track or tracks on any street or highway improved or reimproved
under this article, the cost of such improvement, except storm water and sanitary sewers,
between the tracks and the rails of the tracks and, in case there are two or more tracks,
the space between such tracks and 18 inches on each side of the tracks, including switches
and turnouts, shall be paid by the owner of the railroad and shall be assessed against and
form a lien on said railroad and the property connected therewith and, in the event that storm
water sewers are constructed which drain, serve or benefit the streets or avenues or rights-of-way
on which a street, electric, or other railroad is located, whether the same is a continued
or separate system, there shall be assessed against such railroad a fair and just proportion
of the cost of construction of such sewer, to be determined by the...
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11-50-311
Section 11-50-311 Application for authority to incorporate; adoption of resolution by municipal
governing body authorizing incorporation. Whenever any number of natural persons, not less
than three, shall file with the governing body of any municipality of this state an application
in writing for authority to incorporate a public corporation for the purpose of operating
a water system, a sewer system, a gas system, and an electric system or any one or more of
such systems, and if it shall be made to appear to such governing body that each of said persons
is a duly qualified elector of and owner of property in said municipality and if the governing
body of said municipality shall adopt a resolution, which shall be duly entered upon the minutes
of such governing body, wherein it shall be declared that it is wise, expedient, and necessary
that such a corporation be formed and that the persons filing said application shall be authorized
to proceed to form such corporation, then said...
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11-54B-46
Section 11-54B-46 Review of self-help business improvement district plan and adoption of ordinance.
The governing body of the municipality, upon review of the self-help business improvement
district plan and after public hearing, may adopt an ordinance to designate, establish, and
maintain the area described in the plan as a self-help business improvement district. The
ordinance shall provide for an effective date of 30 days from the date of adoption of the
ordinance by the governing body of the municipality and shall provide that, if the owners
of nonexempt real property representing 60 percent of the total fair market value of all real
property located within the district, or the owners of at least 50 percent of the parcels
of property located within the district; or, alternatively with respect to a district funded
by assessments against a particular class of businesses, if the owners of businesses, consistent
with the signatures required under subdivision (2) of Section 11-54B-44,...
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18-4-14
Section 18-4-14 Procedure for acquiring real property. Whenever real property is acquired by
a state agency in connection with any programs or projects, the acquisition shall be conducted,
to the greatest extent practicable, in accordance with the following: (1) An agency shall
make every reasonable effort to acquire, expeditiously, real property by negotiation. (2)
Real property shall be appraised before the initiation of negotiations, and the owner or his
or her designated representative shall be given an opportunity to accompany the appraiser
during his or her inspection of the property. (3) Before the initiation of negotiations for
real property, the state agency concerned shall establish an amount which it believes to be
just compensation for the property and shall make a prompt offer to acquire the property for
the full amount established. In no event shall the amount be less than the approved appraisal
of the fair market value of the property by the agency. Any decrease or...
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22-26-2
Section 22-26-2 Authority of boards of health to require installation of connections with sanitary
sewers, etc.; rules and regulations. The State Board of Health and/or county boards of health,
acting through its duly authorized agents or employees, shall require every person, firm or
corporation or municipal corporation, or agent thereof, owning or occupying property within
the state, to install the type and number of sewage collection, treatment, and disposal facilities
conforming to rules and regulations of the State Board of Health and/or county boards of health
and require connection to a sanitary sewer conforming to rules and regulations of the State
Board of Health and/or county boards of health where sanitary sewers are available and are
not regulated by the municipal corporation, or to dispose of sewage in such sanitary manner
as shall be approved by the State Board of Health. All required sewage treatment and disposal
facilities shall conform in every respect with the...
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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household
exemptions; state regulatory program. (a) Generally. (1) The county commission or municipal
governing body may, and is hereby authorized to, make available to the general public collection
and disposal facilities for solid wastes in a manner acceptable to the department. The county
commission or municipal governing body may provide such collection or disposal services by
contract with private or other controlling agencies and may include house-to-house service
or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable
(generally less than eight miles) distance from the farthest affected household and the wastes
managed in a manner acceptable to the department. (2) Any county commission or municipal governing
body providing services to the public under this article shall have the power and authority
by resolution or ordinance to adopt rules and...
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