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45-47-250
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 service, fire protection
service, or any thereof. (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 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. (14) SERVICE AREA. The geographic...
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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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11-50B-3
Section 11-50B-3 Permitted activities by public providers; lease of equipment by municipal
governing bodies. In addition to all other power, rights, and authority heretofore granted
by law, public providers may acquire, establish, purchase, construct, maintain, enlarge, extend,
lease, improve, and operate cable systems, telecommunications equipment and telecommunications
systems, and furnish cable service, interactive computer service, Internet access, other Internet
services, and advanced telecommunications service, or any combination thereof, in the case
of a public provider that is a municipality, to the inhabitants of the municipality and police
jurisdiction, the area within the territorial jurisdiction of the municipal planning commission
determined in accordance with the provisions of Section 11-52-30, as amended, and any area
in which the municipality furnishes or sells any utility, such as electricity, gas, water,
or sewer, and in the case of a public provider that is a...
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45-29-140.16
Section 45-29-140.16 Notice requirements, etc.; regulatory control and supervision. (a) Except
as expressly otherwise provided in this article, no proceeding, notice, or approval shall
be required for the incorporation of the authority or the amendment of its certificate of
incorporation, the acquisition of any property, water system, or fire protection facility
or the issuance of any mortgage and deed of trust or trust indenture. (b) The authority, every
water system or fire protection facility owned by the authority or leased or subleased to
a county, and the rates and charges thereof shall be exempt from all jurisdiction of and all
regulation and supervision by the Alabama Public Service Commission and neither a public hearing
nor the consent of the Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-188, p. 169,...
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45-38-141.16
Section 45-38-141.16 Notice requirements, etc.; regulatory control and supervision. (a) Except
as expressly otherwise provided in this part, no proceeding, notice, or approval shall be
required for the incorporation of the authority or the amendment of its certificate of incorporation,
the acquisition of any property, water system, or fire protection facility, or the issuance
of any mortgage and deed of trust or trust indenture. (b) The authority, every water system
or fire protection facility owned by the authority or leased or subleased to a county, and
the rates and charges thereof shall be exempt from all jurisdiction of and all regulation
and supervision by the Alabama Public Service Commission and neither a public hearing nor
the consent of the State Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-472, p....
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11-88-6
Section 11-88-6 Board of directors. (a) Each authority shall be governed by a board of directors.
All powers of the authority shall be exercised by the board or pursuant to its authorization.
(b) The board shall consist initially of three directors, elected, as soon as may be practicable
after the organization of the authority, by the governing body of the determining county for
staggered terms as follows: The first term of one director shall begin immediately upon the
director's election and shall end at noon on March 1 of the next succeeding odd-numbered calendar
year following the election; the first term of another director shall begin immediately upon
his or her election and shall end at noon on March 1 of the second succeeding odd-numbered
calendar year following the election; and the first term of the remaining director shall begin
immediately upon his or her election and shall end at noon on March 1 of the third succeeding
odd-numbered calendar year following the election....
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11-89-3
Section 11-89-3 Filing of application for incorporation of district; adoption of resolutions
approving or denying application, etc., by governing bodies. (a) In order to incorporate a
district under this chapter, any number of natural persons, not less than three, shall first
file an identical written application with the governing body of each county and municipality
located in whole or in part within the boundaries of the area or areas to be served by the
proposed district, or, if the district is to be a supply district, with the governing body
of each county, municipality, and public corporation to be served by the proposed district.
Such application shall contain: (1) A statement that the district proposes to render water
service, sewer service, and fire protection service or any one or more thereof; (2)(i) A concise
legal description of the area or areas in which the district proposes to render water service,
sewer service, and fire protection service or any thereof, a designation...
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27-21A-23
Section 27-21A-23 Statutory construction and relationship to other laws. (a) Except as otherwise
provided in this chapter, provisions of the insurance law and provisions of health care service
plan laws shall not be applicable to any health maintenance organization granted a certificate
of authority under this chapter. This provision shall not apply to an insurer or health care
service plan licensed and regulated pursuant to the insurance law or the health care service
plan laws of this state except with respect to its health maintenance organization activities
authorized and regulated pursuant to this chapter. (b) Solicitation of enrollees by a health
maintenance organization granted a certificate of authority shall not be construed to violate
any provision of law relating to solicitation or advertising by health professionals. (c)
Any health maintenance organization authorized under this chapter shall not be deemed to be
practicing medicine and shall be exempt from the provisions of...
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45-29-140.11
Section 45-29-140.11 Governmental functions; liability of authority. (a) The furnishing of
fire protection facilities in conjunction with the water services by the authority as well
as the furnishing of water services are hereby declared to be a governmental function. (b)
The authority shall not be liable for any tort, whether negligent or wilful, committed by
any director, agent, servant, or employee of the authority in the furnishing of water service
or fire protection facilities or service or in the construction, maintenance, or operation
of any water or fire protection facility. (Act 89-188, p. 169, §12.)...
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45-47-250.11
Section 45-47-250.11 Governmental functions; liability of authority. (a) The furnishing of
fire protection facilities in conjunction with the water services by the authority as well
as the furnishing of water services are hereby declared to be a governmental function. (b)
The authority shall not be liable for any tort, whether negligent or wilful, committed by
any director, agent, servant, or employee of the authority in the furnishing of water service
or fire protection facilities or service or in the construction, maintenance, or operation
of any water or fire protection facility. (Act 89-465, p. 950, § 12.)...
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