Code of Alabama

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11-81-161
Section 11-81-161 Acquisition, extension, repair, consolidation, etc., of waterworks, sewer,
gas or electric systems by counties or municipalities authorized. (a) Any county or incorporated
municipality in the State of Alabama is authorized to acquire by any lawful means any one
or more of the following systems: a waterworks system, a sanitary sewer system, a gas system
and an electric system and, in furtherance of the acquisition of any such system, to acquire
any necessary part thereof within or without or partially within and partially without the
limits of any such county or the corporate limits of any such municipality, as the case may
be; provided, that no municipality in this state shall have, under the authority conferred
by this article, the right to construct a gas system, a domestic water distribution system
or electric system or portion thereof if there is at the time of such proposed construction
a gas system, domestic water distribution system or electric system,...
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11-71-4
Section 11-71-4 Powers of authority. Any authority formed pursuant to this chapter shall have
the following powers, in addition to those stated elsewhere in this chapter: (1) To enter
into competitively bid contracts and agreements affecting the infrastructure projects of the
district. (2) To hold public meetings with proper advertisement and notice to affected and
adjacent property owners. (3) To acquire, construct, install, and operate projects and all
property, rights, or interests incidental or pertinent thereto; provided, however, that nothing
in this chapter shall authorize an authority to construct, own, or operate a system for the
generation, transmission, or distribution of electric power, cable television, or Internet
system, or telecommunications utility or to be in the business of providing electric energy,
cable television, Internet, or telecommunications services. (4) To have the management, control,
and supervision of all the business and affairs of the district, and of...
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29-2-273
Section 29-2-273 Goals and objectives; funding. (a) The committee shall make a continuous study
of the energy supply for the state and make recommendations for legislation and initiatives
that will create the necessary institutional and regulatory changes to accomplish the overall
goals and objectives of the state in a manner that benefits the economy and protects the environment.
(b) The continuing study conducted by the committee, and recommendations submitted to the
Governor and the Legislature, shall be designed to achieve the following goals and objectives,
provided that those goals and objectives may be met while still providing reliable and affordable
energy to Alabama residents: (1) The expansion of diverse sources of fuels to be used to meet
Alabama's current and future energy needs through each of the following methods: a. Encouraging
a diverse fuel mix among electric supply generation that promotes reliability and minimizes
negative impacts that would result from electric...
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11-81-140
Section 11-81-140 Definitions. When used in this division, the following words and phrases
shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) UNDERTAKING. Such term shall include all of the following revenue-producing undertakings
or any combination of two or more of such undertakings, whether now existing or hereafter
acquired or constructed: a. Causeways, tunnels, viaducts, bridges and other crossings, highways,
parks, parkways, airports, docks, piers, wharves, seaport or river terminals, hospitals, public
markets, tennis courts, swimming pools, golf courses, stadiums, armories, auditoriums and
other public buildings of all kinds, incinerator plants and systems in connection with the
generation, production, transmission and distribution of electric energy for lighting, heating
and power for public and private uses, together with all parts of any such undertaking and
all appurtenances thereto, including lands, easements, rights-of-way,...
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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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10A-21-2.07
Section 10A-21-2.07 Condemnation of water sources, riparian rights and necessary lands by waterworks
corporation. (a) Corporations authorized to construct and operate waterworks for the supplying
of municipalities and their inhabitants, or others living or doing business in the vicinity
of them, with water shall have the power, in order to obtain a supply of water for their storage
ponds, reservoirs, pipes, and canals, to take over and use, after condemning the same, water
of any river, stream, spring, or other water source which may be necessary for them to use
for that purpose. They may also acquire by condemnation riparian rights and all lands adjacent
to such streams or water sources as shall be necessary to protect and preserve the purity
of such supply; and they shall also have the power to condemn rights-of-way and sites of any
necessary area for pipelines, ditches, canals, dams, storage ponds, reservoirs, and other
necessary purposes for the operation of their waterworks and...
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11-99A-6
(3) To sue and to be sued and to be a party to suits, actions, and proceedings, but subject
to the limitations on liability and the immunity granted in this chapter. (4) To enter into
contracts and agreements affecting the affairs of the district, including contracts with the
United States of America and any other public person. (5) To borrow money and to incur indebtedness
and to evidence the same by bonds, all without an election. (6) To acquire and dispose of
land, real property, personal property, and interests therein of any nature. (7) To
acquire, construct, install, and operate improvements and all property, rights, or interests
incidental or pertinent thereto, and to dispose of real and personal property and any
interest therein, including leases and easements and options to purchase in connection therewith;
provided, however, that nothing in this chapter shall authorize a district to construct, own,
or operate a system for the generation, transmission, or distribution...
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37-4-150
Section 37-4-150 Electric transmission facilities. (a) This section shall be known and may
be cited as the Energy Security Act of 2015. (b) The Legislature hereby finds and declares
that due to the economic, financial, and service impacts associated with the development of
electric transmission facilities used for the furnishing of electric service to consumers
in this state, it is in the public interest to provide incumbent electric suppliers the right
to construct, own, operate, and maintain new transmission facilities that connect to their
own electric systems. The Legislature further finds and declares that providing incumbent
electric suppliers this right furthers their ability to satisfy their respective obligations
to provide service to Alabama consumers. This section implements these findings. (c) As used
in this section, the following words have the following meanings: (1) COMMISSION. The Alabama
Public Service Commission. (2) ELECTRIC TRANSMISSION FACILITY. Any transmission...
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39-7-13
to do all acts necessary, proper or convenient in the exercise of the powers granted under
this chapter. (b) In addition to all other powers, the authority shall have and may exercise
the power to sell, transfer and convey to any public corporation having authority to carry
on the business of a water distribution system, including those organized under Division 1,
Article 6, Chapter 50, Subtitle 2 of Title 11, its entire water system, including all of its
property and assets, real, personal and mixed, for such consideration and upon such
terms and conditions as may be agreed upon by and between the authority and such purchaser;
provided, that the consideration therefor shall include and require, among others, the assumption
by such purchaser of the outstanding and unpaid bonded indebtedness, if any, of the authority
and shall include an agreement by such purchaser to supply water to the authority's then existing
water customers under the purchaser's rules and regulations...
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37-14-33
Section 37-14-33 Retail electric service within municipalities. (a) Primary supplier's option
to acquire facilities within existing municipal limits. - The primary electric supplier within
each municipality shall, at its option, have the right to acquire all distribution facilities
of any secondary electric supplier used to supply retail electric service within the existing
municipal limits and shall have the right to serve all premises within the existing municipal
limits of such municipality subject to the provisions of subdivisions (a)(1) through (a)(5).
Except as authorized in this section, no secondary electric supplier shall extend facilities
to serve existing or new premises within the existing municipal limits of the municipality.
(1) The primary electric supplier must announce its intention to exercise its option to acquire
the distribution facilities of secondary electric suppliers by giving written notice by registered
or certified mail to the affected secondary suppliers...
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