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11-99A-2
Section 11-99A-2 Definitions. In this chapter the following words shall have the following
meanings: (1) APPOINTING GOVERNMENT. The municipality or county that approves the creation
of a district and appoints members to the board. (2) BOARD. The board of directors of a district.
(3) CONTIGUOUS. Two tracts of land if touching for a continuous distance of not less than
200 feet. The term includes tracts of land divided by bodies of water, streets, railroad,
or utility rights-of-way, or by land owned by any public person. In determining whether land
is contiguous with a municipality, (i) land separated by bodies of water, streets, or railroad,
or utility rights-of-way is contiguous even though the bodies of water, streets, or rights-of-way
are within the city limits of another municipality and (ii) land separated by land owned by
a public person is not contiguous if the land owned by the public person is within the city
limits of another municipality. (4) COUNCIL. The governing body of a...
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11-99A-31
Section 11-99A-31 Recordation of notice of lien. (a) All preliminary and final assessments
shall constitute liens upon the property assessed. The council shall provide a copy of the
preliminary and final assessment to the municipal or town clerk of the appointing government,
either of which shall constitute notice to all of the existence of the preliminary or final
assessment and their priority, the same as though recorded in the records of the office of
the judge of probate, and all purchasers of property, whether bona fide purchasers or not,
shall take subject to the assessment, whether or not having actual knowledge of the assessment.
Moreover, in the discretion of the council or board, notice of the presence of a preliminary
or final assessment may be recorded in the office of the judge of probate for the county or
counties in which a district is located. Any such recordation shall be free of mortgage or
other recording taxes. (b) All assessments made pursuant to this chapter,...
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9-9-29
Section 9-9-29 Filing of exceptions to report; hearing upon exceptions and report; approval
and confirmation of report; dismissal of proceedings and dissolution of district; transmittance
of copies of court decree and report of viewers; filing fee. On or before the day set for
the hearing of the final report of the board of viewers, the water management district or
any owner of land or other property in said district or any person having an interest in any
lands or other property within said district may file exceptions to said report or to any
assessment for either benefits or damages. All exceptions shall be heard by the court and
determined in a summary manner so as to carry out liberally the purposes and needs of the
district. If it appears to the satisfaction of the court, after having heard and determined
all of said exceptions, that the estimated cost of constructing the improvements contemplated
in the plan of water management or, in the case of a Public Law 566 watershed...
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11-44C-21
Section 11-44C-21 Powers of council; dealings with officers and employees in administrative
service. All legislative powers of the city, including all powers vested in it by this chapter,
by the laws, general and local, of the state, and by the Code of Alabama 1975, as amended,
and the determination of all matters of legislative policy, shall be vested in the council.
Without limitation of the foregoing, the council shall have power to: (1) Upon recommendation
of the mayor, establish administrative departments and distribute the work of divisions, (2)
Adopt the budget of the city, (3) Authorize the issuance of bonds or warrants, (4) Inquire
into the conduct of any office, department or agency of the city and make investigations as
to municipal affairs, (5) Appoint the members of all boards except the planning commission
and the housing board and the Airport Authority and the Industrial Development Authority,
(6) Succeed to all the powers, rights and privileges conferred upon the former...
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11-43C-21
Section 11-43C-21 Powers of council; dealings with officers and employees in administrative
service. All legislative powers of the city, including all powers vested in it by this chapter,
by the laws, general and local, of the state, and by the Code of Alabama 1975, as amended,
and the determination of all matters of legislative policy, shall be vested in the council.
Without limitation of the foregoing, the council shall have power to: (1) Appoint stenographic
and clerical employees deemed necessary for service to the council, subject to the provisions
of any merit system in effect at such time; (2) Upon recommendation of the mayor, establish
administrative departments and distribute the work of divisions; (3) Adopt the budget of the
city; (4) Authorize the issuance of bonds or warrants; (5) Inquire into the conduct of any
office, department or agency of the city and make investigations as to municipal affairs;
(6) Appoint the members of all boards except the Planning Commission and...
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11-99A-13
Section 11-99A-13 Final assessment. As soon as possible after receipt by the appointing government
of the petition and all required approvals, variances, or exceptions, the council shall conduct
a hearing with respect to the petition, and, if considered expedient by the council, the council
shall confirm and make final the assessment or the methodology by which the assessments shall
be made, as provided in the petition, whereupon the assessments and methodology therefor shall
stand confirmed and be and remain legal, valid, and binding liens upon the property upon which
the assessments are made, as provided in this chapter. The final assessment of each tract
in the district shall be based on the estimated increase in value of each tract resulting
from the special benefits derived from the improvements, and consistent with Section 223 of
the Constitution of Alabama of 1901, but shall not be made against any land owned or used
by a utility in connection with the distribution,...
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11-99A-4
Section 11-99A-4 Establishment of districts. (a) One or more owners of land wishing to form
a district in a municipality or a county may petition the municipality or county to form a
district as follows: (1) The owners shall prepare a written petition executed by the owners
of all land proposed to be included within the district. (2) The petition shall include a
description of the tract or tracts of land proposed to be included within the district, which
may include less than all of any individual tract of land. The description shall be sufficient
if it refers to tax assessment tracts in accordance with the tax assessor's numbering or other
reference system, by metes and bounds, by subdivision lot, by reference to recorded deeds,
or by other reasonable reference method. (3) The petition shall include a map or plat of the
proposed district, showing that, if the district is created, (i) with respect to a petition
being submitted to a municipality, the land will be contiguous with land...
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9-9-50
Section 9-9-50 Annexation of land to district. Any body of land, however large, contiguous
or adjacent to a water management district organized under this article may be annexed thereto
and made a part thereof, the same as if originally included therein, upon petition of one
third or more of the landowners owning 50 percent or more in acreage of the real property
to be annexed or upon the petition of one half or more of the owners of the real property
to be annexed owning more than one third of the area to be annexed. Such petition and all
the proceedings relative thereto shall conform as nearly as may be with the provisions of
this article for the filing of the petition for the organization of a water management district
and shall be filed with the court of probate having jurisdiction over the district to which
annexation is sought. Upon filing of such petition, the court shall direct the board of water
management commissioners of said district to cause surveys and a report to be made...
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11-99A-6
Section 11-99A-6 Powers of a district. Any district shall have the following powers, in addition
to those stated elsewhere in this chapter: (1) To have perpetual existence, subject to termination
as herein provided. (2) To have and use a corporate seal, but the use of a corporate seal
on any document shall not be required for the validity of a document or the due execution
and delivery thereof. (3) To sue and to be sued and to be a party to suits, actions, and proceedings,
but subject to the limitations on liability and the immunity granted in this chapter. (4)
To enter into contracts and agreements affecting the affairs of the district, including contracts
with the United States of America and any other public person. (5) To borrow money and to
incur indebtedness and to evidence the same by bonds, all without an election. (6) To acquire
and dispose of land, real property, personal property, and interests therein of any nature.
(7) To acquire, construct, install, and operate...
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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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