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11-50-211
Section 11-50-211 Conveyance authorized; terms and conditions; ordinances and resolutions.
Every municipality shall have the power, without the necessity of an election of the qualified
voters of such municipality, to transfer and convey to any regulated utility any gas system,
or part thereof, owned by the said municipality; and any public gas corporation shall have
the power, without the necessity of an election of the qualified voters of any authorizing
municipality, to transfer and convey to any regulated utility any gas system, or part thereof,
owned by the said public gas corporation; provided, that: (1) Prior to any such transfer or
conveyance by a municipality, its governing body must have adopted an ordinance authorizing
such transfer and conveyance; (2) Prior to any such transfer and conveyance by a public gas
corporation, its board of directors must have adopted a resolution authorizing such transfer
and conveyance, and each authorizing municipality with respect to that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50-211.htm - 1K - Match Info - Similar pages
11-44E-52
Section 11-44E-52 Grant of franchise; lease, or right to use streets, etc.; transfer of waterworks,
sewer, electric, or gas plant and system to board or public corporation. No resolution, bylaw,
or ordinance granting to any person, firm, or corporation any franchise, lease, or right to
use the streets, public highways, thoroughfares, or public property of the city organized
under the provisions of this chapter, either in, under, upon, along, through, or over same
shall take effect and be in force until 30 days after the final enactment of same by the commission,
and publication of said resolution, or ordinance in full once a week for three consecutive
weeks in some newspaper published in the city, which publication shall be made at the expense
of the persons, firms, or corporations applying for the grant. Pending the passage of any
such resolution or ordinance, or during the time intervening between its final passage and
the expiration of the 30 days during which publication shall be...
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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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11-50-414
Section 11-50-414 Validation of proceedings to incorporate gas districts. All acts or proceedings
heretofore done or taken for the purpose of incorporating any gas district under the provisions
of this article are hereby validated and declared legal, notwithstanding that the resolution
adopted by the governing body of any municipality which is a member of such gas district authorizing
its mayor to proceed with the organization and incorporation of such gas district in purported
compliance with Section 11-50-391 does not set forth a brief description of the gas system
or systems to be owned and operated by such gas district or fails to comply in other respects
with the provisions of said Section 11-50-391, notwithstanding failure to publish any resolution
and notwithstanding that the objects for which such gas district is organized as stated in
the certificate of incorporation of such gas district, filed in the office of the judge of
probate of the county in which the principal office...
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11-43-80
Section 11-43-80 Powers and duties generally; office; salary; employment, salary, etc., as
superintendent of municipal light, water, sewage, etc., systems. (a) The mayor shall have
the powers and perform the duties provided by this title and by other applicable provisions
of law and shall keep an office in the city or town. (b) The mayor shall receive such salary
as the council may prescribe, which must be fixed by the council not less than six months
prior to each general municipal election; provided, however, the six-month requirement in
this section may be waived when necessary to comply with a mandate by the U.S. Justice Department
pursuant to the Voting Rights Act of 1965, as amended, or with an order issued by a state
or federal court. (c) In municipalities which own and operate light and power systems, municipal
water systems, municipal sewage systems, and municipal gas systems, one or any of them, may,
by resolution of the governing body duly entered in its minutes, require the...
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11-44B-25
Section 11-44B-25 Procedures to reduce or delete areas from police jurisdiction. Notwithstanding
any law to the contrary, any Class 4 municipality that is organized pursuant to this article
may from time to time reduce or delete various portions and areas from the territorial limits
of its respective police jurisdiction or its planning jurisdiction or both as established
by law, including, but not limited to, Sections 11-40-10 and 11-52-30, Act 76-594 and as amended
by Act 94-539, the reduction and deletion shall be pursuant to the following procedure: (1)
INITIATION. The governing body of the municipality shall adopt a resolution calling for public
hearings to consider the adoption of an ordinance or ordinances for the purpose of deleting
a portion or portions of territory from its respective police jurisdiction or planning jurisdiction,
or both, as the case may be. The resolution shall state the time, date, and place of all public
hearings in regard to the ordinance and a reasonably...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-44B-25.htm - 16K - Match Info - Similar pages
11-50-404
Section 11-50-404 Transfer of systems to district by municipalities. Each municipality in Alabama
which now or hereafter owns a gas plant and system is hereby authorized to transfer and convey
all or any part of such plant and system or any rights incident thereto, without the necessity
of authorization at an election of the qualified voters of such municipality, to a gas district
incorporated as a public corporation under the provisions of this article, whether such municipality
is a member of the district or not. Any such transfer or conveyance may be made with or without
pecuniary consideration and on any such terms and conditions as the governing body of the
municipality owning such plant and system may determine. Any such transfer and conveyance
shall be made only upon the adoption by the governing body of the municipality owning such
plant and system of an ordinance or resolution authorizing such transfer and conveyance. (Acts
1953, No. 641, p. 900.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-50-404.htm - 1K - Match Info - Similar pages
18-1B-2
Section 18-1B-2 Limitations on condemnation. (a) Neither the State of Alabama, nor any of its
departments, divisions, agencies, commissions, corporations, boards, authorities, or other
entities, nor any agency, corporation, district, board, or other entity organized by or under
the control of any municipality or county in the state and vested by law to any extent whatsoever
with the power of eminent domain may condemn property for the purpose of nongovernmental retail,
office, commercial, residential, or industrial development or use or to primarily condemn
a mortgage or deed of trust; provided, however, the foregoing provisions of this subsection
shall not apply to the exercise of the powers of eminent domain by any county, municipality,
housing authority, or other public entity based upon a finding of blight in an area covered
by any redevelopment plan or urban renewal plan pursuant to Chapters 2 and 3 of Title 24,
provided the purpose of the exercise of the powers of eminent domain...
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11-80-1
Section 11-80-1 Condemnation of lands for public building sites, roads, streets, construction
materials, etc. (a) Counties and municipal corporations may condemn lands for public building
sites or additions thereto, or for enlargements of sites already owned, or for public roads
or streets or alleys, or for material for the construction of public roads or streets or for
any other public use. (b) Notwithstanding any other provision of law, a municipality or county
may not condemn property for the purposes of private retail, office, commercial, industrial,
or residential development; primarily for enhancement of tax revenue; for transfer to a person,
nongovernmental entity, public-private partnership, corporation, or other business entity;
or for the primary purpose of acquiring a mortgage or deed of trust. Provided, however, the
provisions of this subsection shall not apply to the use of eminent domain by any municipality,
housing authority, or other public entity based upon a finding...
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37-4-1
Section 37-4-1 Definitions. Unless otherwise specified, when used in this article, these terms
shall have the following meanings: (1) COMMISSION. The Alabama Public Service Commission.
(2) COMMISSIONER. A member of the commission. (3) MUNICIPALITY. Any municipal corporation
organized under the laws of this state. (4) PERSON. Such term shall mean and include individuals,
associations of individuals, firms, partnerships, companies, corporations, municipalities,
governmental agencies, their lessees, trustees, or receivers appointed by any court whatsoever,
in the singular number as well as in the plural. (5) NONUTILITY. Any federal agency, instrumentality,
or corporation, owned by the United States, and any corporation or joint stock company in
which the United States or any of its departments, establishments, or agencies, owns more
than 50 percent of the voting shares of stock of such corporation or joint stock company.
(6) SECURITIES. Such term shall mean and include stock, stock...
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