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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-88-132.htm - 6K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-88-131.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-88-134.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-88-3.htm - 4K - Match Info - Similar pages
11-88-1
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 service, fire protection service, sewer
service or any thereof. (15) 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.
(16) PROPERTY. Real and personal property and interests therein. (17) PUBLIC FIRE PROTECTION
FACILITY. A fire protection facility 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 any one or more
thereof or in which any one or more thereof or any agency or instrumentality of any one or
more thereof holds a reversionary or remainder interest. (18)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-88-1.htm - 8K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-88-7.htm - 9K - Match Info - Similar pages
11-89-1
any thereof. (17) 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, a cooperative,
or an agency, department or instrumentality of the state or of a county or municipality or
cooperative. (18) PRINCIPAL OFFICE. The place at which the certificate of incorporation and
amendments thereto, the bylaws and the minutes of proceedings of the board of a district are
kept. (19) PROPERTY. Real and personal property and interests therein. (20) PUBLIC
CORPORATION. Any public corporation organized under the laws of the state. (21) PUBLIC FIRE
PROTECTION FACILITY. A fire protection facility which is owned or operated by the United States
of America, the state, a county, a municipality, a public corporation, any combination of
any thereof or any agency or instrumentality of any one or more thereof or in which any one
or more thereof or any agency or instrumentality of any one or more thereof holds...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-88-5.htm - 10K - Match Info - Similar pages
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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