11-50-343
(4) To sue and be sued in its own name; (5) To acquire, purchase, lease as lessee, construct,
reconstruct, improve, extend, operate, and maintain any water system or part thereof or any
sewer system or part thereof or any combination thereof within or without or partly within
and partly without the corporate limits of the city, and to acquire by gift, purchase, or
the exercise of the right of eminent domain lands or rights in land or water rights in connection
therewith and to acquire such personal property as it may deem necessary in connection
with the construction, improvement, extension, enlargement, or operation of any water system
or sewer system and to hold and dispose of all real and personal property under its
control; provided, that any proceedings to acquire property by the exercise of the power of
eminent domain shall be conducted and the compensation to be paid shall be ascertained and
paid in the manner provided by the laws of the state then applicable which relate to...
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45-25-250.04
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 article, 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 located in one or more counties
and whether located within or outside the service area. (6) To make, enter into, and execute
such contracts, agreements, leases, and other instruments and to take such other actions as
may be necessary or convenient to accomplish any purpose for which the authority was organized
or to exercise any power expressly granted under this section. (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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11-89-32
Section 11-89-32 Procedure to form special corporation. (a) In order to provide for operation
and financing of one or more, but not all, of its authorized services under Chapter 89, Title
11, by following the procedures set out in this article, any district may establish a separate
public corporation and grant to it the power to finance and operate any, but not all, of the
authorized services of the district. If any district may, by its certificate of incorporation,
provide more than one of fire protection service, sewer service, or water service in its service
area, it may provide that any one or more of the services, but not all of them, may be operated
and financed through a special corporation organized pursuant to this article. The procedure
to organize a special corporation is as follows: The board shall adopt a resolution specifying
that it is necessary or expedient that a special corporation be organized pursuant to this
article to operate and finance one or more, but not all,...
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11-88-7
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 article, 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 located in one or more counties
and whether located within or outside the service area; (6) To make, enter into, and execute
such contracts, agreements, leases, and other instruments and to take such other actions as
may be necessary or convenient to accomplish any purpose for which the authority was organized
or to exercise any power expressly granted under this section; (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. §1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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45-47-250.05
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 article, 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 located in one or more counties
and whether located within or outside the service area. (6) To make, enter into, and execute
such contracts, agreements, leases, and other instruments and to take such other actions as
may be necessary or convenient to accomplish any purpose for which the authority was organized
or to exercise any power expressly granted under this section. (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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45-29-140.05
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 article, 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 located in one or more counties
and whether located within or outside the service area. (6) To make, enter into, and execute
such contracts, agreements, leases, and other instruments and to take such other actions as
may be necessary or convenient to accomplish any purpose for which the authority was organized
or to exercise any power expressly granted under this section. (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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45-30-250.05
of time 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 act, 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, or take, by purchase, gift, lease, devise, or otherwise, and to hold property
of every description, real, personal, or mixed, whether located in one or more counties
and whether located within or outside the service area. (6) To make, enter into, and execute
contracts, agreements, leases, and other instruments and to take any other actions necessary
or convenient to accomplish any purpose for which the authority was organized or to exercise
any power expressly granted under this section. (7) To plan, establish, develop, acquire,
purchase, lease, construct, reconstruct, enlarge, improve, maintain, equip,...
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11-50-340
Section 11-50-340 Definitions. As used in this article, the following words and terms shall
have the following meanings unless the context shall indicate another meaning or intent: (1)
CITY. Any incorporated city in the State of Alabama. (2) COUNCIL. The city council, city commission,
or other board or body in which the general legislative powers of a city shall be vested.
(3) BOARD. A board of water and sewer commissioners created under the provisions of Section
11-50-341 or, if any such board shall be abolished, the board, body, or commission succeeding
to the principal functions thereof or to which the powers given by this article to such board
shall be given by law. (4) WATER SYSTEM. Such term shall include all plants, systems, facilities,
or properties used or useful or having the present capacity for future use in connection with
the supply or distribution of water, and any integral part thereof, including but not limited
to water supply systems, water distribution systems,...
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45-25-250
County. (10) NEW TERRITORY. Any territory added, by amendment to the certificate of incorporation
of an authority, to the area or areas in which that authority is authorized to render water,
garbage, or sewer service. (11) PERSON. Unless limited to a natural person by the context
in which it is used, such term includes a public or private corporation, a municipality, a
county or an agency, department, or instrumentality of the state or of a county or municipality.
(12) PROPERTY. Real and personal property and interests therein. (13) PUBLIC WATER
SYSTEM. A water system which is owned or operated by the United States of America, the state,
a county, a municipality, a public corporation organized under the laws of the state, any
combination of any thereof, or any agency or instrumentality of anyone or more thereof or
in which anyone or more thereof or any agency or instrumentality of anyone or more thereof
holds a reversionary or remainder interest. (14) SERVICE AREA. The geographic...
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