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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45-30-250.06
Section 45-30-250.06 Additional powers and rights. (a) The authority, in addition to
all other powers now or hereafter granted by law, shall have the following powers and rights:
(1) To borrow money for use for any of its corporate purposes. (2) To sell, transfer, convey,
grant options to purchase, or lease all or any part of its system or systems for consideration
and on terms deemed advisable and in the best interest of the authority. (3) To consent and
agree to the assignment or payment of any income received from the investment of any moneys
or funds of the authority to any other public corporation or public entity, including, without
limitation, the county or the state. (4) To loan or advance its funds to any person with or
without interest as it shall determine, for the purpose of financing the construction of a
system or any part thereof. (5) To contract with others for the construction of all or any
part of a system or systems. (b) The moneys held in any special fund...
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45-36-252.05
Section 45-36-252.05 Additional powers and rights. (a) The authority organized or operating
pursuant to this part, in addition to all other powers now or hereafter granted by law, shall
have the following powers and rights: (1) To borrow money for use for any of its corporate
purposes. (2) To sell, transfer, convey, grant options to purchase, or lease all or any part
of its system or systems for such consideration and on such terms as it shall deem advisable
and in the best interest of the authority. (3) To consent and agree to the assignment or payment
of any income received from the investment of any moneys or funds of the authority to any
other public corporation or public entity, including, without limitation, the county, of the
State of Alabama. (4) To loan or advance its funds to any person, at such, if any, interest
as it shall determine, for the purpose of financing the construction of a system or any part
thereof. (5) To contract with others for the construction of all or any...
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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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45-47-250.06
Section 45-47-250.06 Additional powers and rights. (a) The authority organized or operating
pursuant to this article, in addition to all other powers now or hereafter granted by law,
shall have the following powers and rights: (1) To borrow money for use for any of its corporate
purposes. (2) To sell, transfer, convey, grant options to purchase, or lease all or any part
of its system or systems for such consideration and on such terms as it shall deem advisable
and in the best interest of the authority. (3) To consent and agree to the assignment or payment
of any income received from the investment of any moneys or funds of the authority to any
other public corporation or public entity including, without limitation, the county or the
State of Alabama. (4) To loan or advance its funds to any person at such, if any, interest
as the authority shall determine, for the purpose of financing the construction of a system,
or any part thereof. (5) To contract with others for the construction of...
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45-49A-64.07
Section 45-49A-64.07 Powers of authority. 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
perpetual, subject to Section 45-49A-64.19) specified in its certificate of incorporation.
(2) To sue and be sued in its own name in civil suits and actions and to defend suits 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 or
municipalities and whether located within or outside the authorizing municipality. (6) To
make, enter into, and execute such contracts, agreements, leases, and other...
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11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under
this chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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40-21-100
Section 40-21-100 Definitions. (a) For the purpose of this article, the following terms
shall have the respective meanings ascribed by this section: (1) BUSINESS. All activities
relating to the furnishing of utility services. (2) DEPARTMENT. The Department of Revenue
of the State of Alabama. (3) DOMESTIC WATER. All water except water that is sold to persons
for use or consumption in industrial processes and not primarily for human consumption. (4)
GROSS RECEIPTS. The value proceeding or accruing from the furnishing of utility services,
all receipts actual and accrued, without any deduction on account of the cost of the utility
services sold, the cost of the materials used, labor or service cost, interest paid, or any
other expense whatever, and without any deductions on account of losses. (5) GROSS SALES.
The value proceeding or accruing from the furnishing of utility services, and including the
proceeds from the sale of any utility services handled on consignment by the taxpayer,...

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45-29-140.02
Section 45-29-140.02 Incorporation of authority. (a) Within 45 days after July 13, 1990,
three applicants shall be appointed to proceed to incorporate the Fayette County Water Coordinating
and Fire Prevention Authority by filing for record in the office of the judge of probate of
the 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. The applicants shall be appointed as follows: One applicant
shall be appointed by the state senator who represents the senatorial district in which Fayette
County is located; one applicant shall be appointed by the members of the House of Representatives
representing Fayette County; and one applicant shall be appointed by the Fayette County Commission.
(b) The certificate of incorporation of the authority shall state all of the following: (1)
The names of the persons forming the authority, together with the...
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45-38-141.02
Section 45-38-141.02 Incorporation of authority. (a) Within 45 days after May 4, 1989,
or the passage and approval of a constitutional amendment authorizing the creation of the
authority, three applicants shall be appointed to proceed to incorporate the Lamar County
Water Coordinating and Fire Prevention Authority by filing for record in the office of the
judge of probate of the 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. The applicants shall be appointed
as follows: One applicant shall be appointed by the state senator who represents the senatorial
district in which Lamar County is located; one applicant shall be appointed by the members
of the House of Representatives representing Lamar County; and one applicant shall be appointed
by the Lamar County Commission. (b) The certificate of incorporation of the authority shall
state...
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