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11-88-132
Section 11-88-132 Acquisition, etc., of water system of water and fire protection authority
by city board of water and sewer commissioners - Conveyance of funds in trust for authority's
fire protection system; governing board of authority as trustees; trustees' powers and liabilities.
(a) In the event that the board of water and sewer commissioners of any city ("commissioners")
should acquire, operate, or control by virtue of assignment, conveyance, court order, operation
of law, or otherwise the water system of a water and fire protection authority ("authority"),
then the commissioners shall thereupon convey to the authority the principal sum of $2,000,000
in irrevocable trust for the support and maintenance of the authority's fire protection system.
(b) The trustees of the trust so established shall be the members of the governing board of
the authority, as it may be comprised from time to time, who shall have all powers necessary
to effect the support and maintenance of the...
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11-88-131
Section 11-88-131 Acquisition, etc., of water system of water and fire protection authority
by city board of water and sewer commissioners - Inclusion of governing board of the authority
in governing board of commissioners. In the event that the board of water and sewer commissioners
of any city ("commissioners") should acquire, operate, or control by virtue of assignment,
conveyance, court order, operation of law, or otherwise the water system of a water and fire
protection authority ("authority"), then the membership of the governing board of
the commissioners shall thereupon be increased to include the members of the governing board
of the authority notwithstanding any limitation or condition previously imposed by Section
11-50-342. (Acts 1989, No. 89-790, p. 1578, ยง2.)...
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11-88-133
Section 11-88-133 Acquisition, etc., of water system of water and fire protection authority
by city board of water and sewer commissioners - Deposit of funds in escrow account for construction
of water service improvements; escrow agent; funding and utilization of account; time frame;
written plan. In the event that the board of water and sewer commissioners of any city ("commissioners")
should acquire, operate, or control by virtue of assignment, conveyance, court order, operation
of law, or otherwise the water system of a water and fire protection authority ("authority"),
then the commissioners shall deposit, in the manner set forth below, the aggregate sum of
$8,000,000 into an escrow account to be used for the purpose of constructing improvements
which shall supply water service throughout the authority's territory in those areas which
do not otherwise have such service. The escrow agent shall be any national banking association
with offices located in the city which shall be...
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11-88-134
Section 11-88-134 Acquisition, etc., of water system of water and fire protection authority
by city board of water and sewer commissioners - Sanitary sewer service system plan; time
frame. In the event that the board of water and sewer commissioners of any city ("commissioners")
should acquire, operate or control by virtue of assignment, conveyance, court order, operation
of law or otherwise the water system of a water and fire protection authority ("authority"),
then the commissioners shall conduct a study and adopt a plan within one year from the date
that the commissioners shall first acquire, operate or control the authority's water system
providing for the construction of a sanitary sewer service system throughout the authority's
territory. The said plan shall be implemented and the improvements contemplated thereby constructed
by the commissioners within five years from the date that the commissioners receive all necessary
approvals (whether regulatory or judicial) and permits...
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11-88-3
Section 11-88-3 Filing of application for incorporation of authority; adoption of resolution
approving or denying application by county governing body. (a) In order to incorporate an
authority under this chapter, any number of natural persons, not less than three, shall first
file a written application with the governing body of that county in which the area or areas
to be served by the proposed authority is located. Such application shall contain: (1) A statement
that the authority proposes to render water service, sewer service, and fire protection service,
or any one or more thereof; (2) A concise legal description of the area or areas in which
the authority proposes to render water service, sewer service, and fire protection service,
or any thereof; (3) A statement that there is no public water system adequate to serve any
area in which it is proposed that the authority will render water service, that there is no
public sewer system adequate to serve any area in which it is...
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11-88-1
Section 11-88-1 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. A natural person who files a written application with the governing body of
any county in accordance with the provisions of Section 11-88-3. (2) AUTHORITY. A public corporation
organized pursuant to the provisions of this article. (3) BOARD. The board of directors of
an authority. (4) BONDS. Bonds, notes, and certificates representing an obligation to pay
money. (5) CONCISE LEGAL DESCRIPTION. A reasonably concise description of a particular geographic
area which may be by metes and bounds or by reference to government surveys, recorded maps
and plats, municipal, county, or state boundary lines, well-defined landmarks and other monuments,
or any combination of the foregoing. (6) COUNTY. Any county in the state. (7) DETERMINING
COUNTY. Any county the governing body of which shall have made...
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11-88-7
Section 11-88-7 Powers of authority generally; power of authority to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally;
powers of authority organized to construct and operate sewer system. (a) The authority 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, subject to the provisions of Section 11-88-18)
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...
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11-89-1
Section 11-89-1 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. A natural person who files a written application with the governing body of
any county or municipality or public corporation or cooperative in accordance with the provisions
of Section 11-89-3. (2) AUTHORIZING RESOLUTION. A resolution, adopted by a governing body
in accordance with the provisions of Section 11-89-3, that authorizes the incorporation of
a district. (3) AUTHORIZING SUBDIVISION. Any county or municipality or public corporation
or cooperative the governing body of which shall have adopted an authorizing resolution. (4)
BOARD. The board of directors of a district. (5) BONDS. Bonds, notes and certificates representing
an obligation to pay money. (6) CONCISE LEGAL DESCRIPTION. A reasonably concise description
of a particular geographic area which may be by metes and bounds or by...
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11-88-5
Section 11-88-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any authority incorporated under the provisions of
this article may at any time and from time to time be amended in the manner provided in this
section. (b)(1) The board of directors of the authority shall first adopt a resolution proposing
an amendment to the certificate of incorporation which shall be set forth in full in the resolution
and which amendment may include: a. A change in the name of the authority; b. The addition
to the service area of the authority of new territory lying within the determining county;
c. Provisions for the operation of a system or facility the operation of which is not then
provided for in the certificate of incorporation of the authority and which the authority
is authorized by this article to operate; d. Any matters which might have been included in
the original certificate of incorporation; e. Provisions for the addition...
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11-88-130
Section 11-88-130 City prohibited from charging excessive rates to county customers; treatment
of county customers. With respect to all customers located within the geographic area in which
a water and fire protection authority ("authority") is authorized by its certificate
of incorporation to render water and fire protection service (said customers hereinafter called
"county customers"), the board of water and sewer commissioners of a city ("commissioners")
is hereby prohibited from charging said county customers for water service or sanitary sewer
service or both, and for the connection fee or fees for such service or services, at a rate
or rates or by manner of calculation which exceeds the rate or rates or manner of calculation
for the same service or services or connection fees charged by the commissioners to customers
located within the city limits, and in all respects in addition to the aforesaid the commissioners
shall treat said county customers as if they lived within the...
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