Code of Alabama

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11-88-4
Section 11-88-4 Filing of certificate of incorporation, copy of resolution of county governing
body, etc., with probate judge; contents and execution of certificate of incorporation; entry
of order by probate judge requiring recordation of certificate of incorporation, etc.; notification
of Secretary of State of recordation of certificate of incorporation. (a) Within 40 days following
the adoption of a resolution in accordance with Section 11-88-3, the applicants, or not less
than three of the applicants, shall proceed to incorporate an authority by filing for record
in the office of the judge of probate of the determining county a certificate of incorporation
which shall comply in form and substance with the requirements of this section and which shall
be in the form and executed in the manner provided in this section. (b) The certificate of
incorporation of the authority shall state: (1) The names of the persons forming the authority,
together with the residence of each, and that...
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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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45-30-250.03
Section 45-30-250.03 Amendment to certificate of incorporation. (a) The certificate of incorporation
of the authority incorporated under 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. The amendment may include any of the following:
a. A change in the name of the authority. b. The addition to the service area of the authority
of new territory lying within Franklin County. c. Provisions for the operation of a system
or facility not currently provided for in the certificate of incorporation of the authority
for which the authority is authorized by this article to operate. d. Any matters which could
have been included in the original certificate of incorporation. e. Provisions for the addition
to the service area of the authority of new territory...
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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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45-49-251
Section 45-49-251 Additional compensation of board members. The members of the board of directors
of any authority created or operated in Mobile County pursuant to Sections 11-88-1 to 11-88-21,
inclusive, which operates a public water system, a public sewer system, or a fire protection
facility that serves 6,500 or more customers, in addition to any other compensation and if
authorized by resolution of the board of directors of the authority, shall be compensated
for performance of their duties as follows: (1) The chair shall be compensated in an additional
amount not to exceed six hundred dollars ($600) per month. (2) Each member shall be compensated
in an additional amount not to exceed five hundred dollars ($500) per month. (Act 91-500,
p. 890, §1; Act 94-306, p. 541, §1.)...
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11-88-12
Section 11-88-12 Establishment and revision of rates, fees, and charges for services rendered
by authority; applicability of provisions of section to authority organized to construct and
operate sewer system. (a) Rates, fees, and charges for water service, sewer service, and fire
protection service rendered by the authority from any of its water systems, sewer systems,
or fire protection facilities shall be so fixed and from time to time revised as at all times
to provide funds at least sufficient to: (1) Pay the cost of operating, maintaining, repairing,
replacing, extending and improving the systems and facilities, or either, from which such
services are rendered; (2) Pay the principal of and the interest on all bonds issued and obligations
assumed by the authority that are payable out of the revenues derived from operation of those
systems and facilities as the said principal and interest become due and payable; (3) Create
and maintain such reserves for the foregoing purposes or any...
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11-89-12
Section 11-89-12 Establishment and revision of rates, fees, and charges for services rendered
by district. Rates, fees, and charges for water service, sewer service, and fire protection
service rendered by the district from any of its water systems, sewer systems or fire protection
facilities shall be so fixed and from time to time revised as at all times to provide funds
at least sufficient to: (1) Pay the cost of operating, maintaining, repairing, replacing,
extending, and improving the systems and facilities or either from which such services are
rendered; (2) Pay the principal of and the interest on all bonds issued and obligations assumed
by the district that are payable out of the revenues derived from operation of those systems
and facilities as the said principal and interest become due and payable; (3) Create and maintain
such reserve for the foregoing purposes or any of them as may be provided in any mortgage
and deed of trust or trust indenture executed by the district under...
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45-30-250.18
Section 45-30-250.18 Transfer of assets and liabilities upon dissolution of predecessor entitites.
Upon approval of this article by the Governor and the filing of the certificate of incorporation
by the authority, the Franklin County Water Coordinating and Fire Prevention Authority created
pursuant to Amendment 518 to the Constitution of Alabama of 1901, and Act 88-914, 1988 1st
Sp. Sess. (Acts 1982, p. 492) and the Franklin County Water and Fire Protection Authority,
incorporated pursuant to Title 11, shall be dissolved. Also, at that time the assets and liabilities,
including, but not limited to, outstanding bonded indebtedness, of the Franklin County Water
Coordinating and Fire Prevention Authority and the Franklin County Water and Fire Protection
Authority shall automatically be transferred to the Franklin County Water Service Authority
created by this article. (Act 93-376, p. 638, §19.)...
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45-47-250.16
Section 45-47-250.16 Proceedings, notice, and approval of authority actions. 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. (Act 89-465, p. 950, § 17.)...
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11-89-5
Section 11-89-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any district incorporated under the provisions of
this chapter 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 district shall first adopt a resolution proposing
an amendment to the certificate of incorporation which shall be set forth in full in the said
resolution and which amendment may include: a. A change in the name of the district; b. The
addition to the service area of the district of new territory lying within any municipality
or, in the case of territory not lying within any municipality, any county in which the district's
then existing service area lies; 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 district
and which the district is authorized by this chapter to operate;...
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