Code of Alabama

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11-81-160
Section 11-81-160 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BORROWER. A county or incorporated municipality, as the case may be, exercising the powers
conferred by this article. (2) GOVERNING BODY. In the case of a county, the county commission
exercising the legislative functions of the county and, in the case of a municipality, the
board of commissioners, the mayor and council or other similar body exercising the legislative
functions of the municipality. (3) WATERWORKS SYSTEM. Facilities for the gathering, collecting,
impounding, treatment, transmission and distribution, or any of them, of water for domestic
use or for industrial use or both, together with all appurtenances to any such facilities.
(4) SANITARY SEWER SYSTEM. Facilities for the collection, transmission, treatment and disposal
of sewage, together with all appurtenances to any such...
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22-25B-9
Section 22-25B-9 Wastewater system failure. (a) Upon the failure of a management entity to
remediate any wastewater system failure within a reasonable time to protect the health and
safety of the public or the environment as may be established by rules or orders of the State
Board of Health or ADEM, upon the request of the applicable department, the PSC is hereby
granted full authority to take possession of the system, correct the failure, and to operate
the system or assign the system to another certified wastewater management entity. (b) In
the event the PSC operates or assigns a system as provided in subsection (a), it may call
upon the violating wastewater management entity's performance bond, letter of credit, or pledged
assets to correct the violation and facilitate the transfer to another certified wastewater
management entity. (Act 2009-773, p. 2388, §2.)...
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11-50-265
Section 11-50-265 Transfer of gas plant or system to waterworks board; sale or transfer of
plant or system by board to utility regulated by state Public Service Commission. (a) Every
city or town now or hereafter owning and operating a municipal gas plant or distribution system
and in which municipality a waterworks board is now or hereafter incorporated under the provisions
of Division 1 of this article is hereby authorized to transfer and convey such gas plant or
system or both to such waterworks board pursuant to the provisions of an ordinance theretofore
duly enacted by the governing body of such city or town and without the necessity of authorization
at an election of the qualified voters thereof; provided, that if at the time of such transfer
the city or town has outstanding any bonds or other obligations payable from or secured by
the revenues or earnings of such gas plant or system, it shall be incumbent upon the waterworks
board of such city or town to pay the amount thereof...
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11-81-185
Section 11-81-185 Rates not subject to state supervision or regulation; supervision, etc.,
of operation, etc., of sewer systems by State Board of Health. Rates charged for services
furnished by any system or combined system purchased, constructed, improved, enlarged, extended
or repaired under the provisions of this article shall not be subject to supervision or regulation
by any state bureau, board, commission or other like instrumentality or agency thereof, and
it shall not be necessary for any borrower operating under the provisions of this article,
except as otherwise provided in this section, to obtain any franchise or other permit from
any state bureau, board, commission or other instrumentality thereof, except the State Board
of Health, in order to construct, improve, enlarge, extend or repair any system or combined
system named in this article; provided, however, that the functions, powers and duties of
the State Board of Health shall remain unaffected by this article, except...
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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...
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22-23-46
Section 22-23-46 Reports of condition of water supply, plant, etc., by applicants, or suppliers.
Any applicant or supplier of water may, for cause stated, be required by the board to furnish
a complete report of the condition and operation of the water supply, plant, works or system
owned, operated or controlled by the said applicant. This report shall be made by a duly licensed
professional engineer, the cost and expenses of which shall be paid by the applicant. (Acts
1977, No. 805, p. 1389, §16.)...
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37-4-60
Section 37-4-60 Notice of intention to engage in business. Whenever any municipal corporation,
county improvement authority, power district, federal or other governmental agency, sometimes
called "agency" in this division, proposes to engage in the business of operating
an electric light plant or distribution system, or of furnishing electric service for industrial,
domestic or other consumption and at the time such agency proposes to engage in such business
there is then in existence within the territory in which it is proposed to furnish such electric
service a plant or distribution system, either or both, or any part or parts thereof, furnishing
the service so proposed to be furnished by such agency, then such agency, as a condition precedent
to the exercise of such authority, shall notify the owner of such plant or system by registered
or certified mail of its intention to engage in such business and of its willingness to acquire
on such terms and conditions as may be agreed upon...
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11-50-16
Section 11-50-16 Employment of mayor or president of board of commissioners of certain municipalities
as superintendent of light, water, sewer or gas systems, etc.; duties and compensation; validation
of prior employment, etc. (a) In all incorporated municipalities organized and operating under
the provisions of Articles 1, 2, and 3 of Chapter 44, of this title, which own and operate
a municipal light and power system, a municipal water system, a municipal sewage system, or
a municipal gas system or any of them, the board of commissioners may, by resolution duly
entered in its minutes, authorize the mayor or president of the board of commissioners to
act as superintendent of such system or systems and to give as much of his time thereof as
the commissioners may direct; provided, that in any such municipality in which a municipal
board or municipal public corporation owns or operates a municipal light and power system,
a municipal water system, a municipal sewage system, or a municipal...
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11-50-261
Section 11-50-261 Additional powers of boards as to gas plants and systems. Without limiting
the powers provided for in Section 11-50-260, such waterworks board shall have the power to
acquire by purchase, construction, condemnation, or any combination thereof a plant and system
for the manufacture and distribution of gas and/or a system for the purchase and distribution
of manufactured or natural gas and shall also have the power to receive, acquire, take, and
hold, whether by purchase, sale, gift, lease, devise, or otherwise, all such real, personal,
and mixed property of any nature whatsoever as it may deem necessary or convenient for the
purchase, construction, operation, maintenance, enlargement, extension, and improvement of
a gas plant and system for the manufacture of gas and the distribution thereof or the purchase
and distribution of manufactured or natural gas, whether or not the same shall be in existence
and whether or not the same shall be publicly or privately owned, and...
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11-81-161
Section 11-81-161 Acquisition, extension, repair, consolidation, etc., of waterworks, sewer,
gas or electric systems by counties or municipalities authorized. (a) Any county or incorporated
municipality in the State of Alabama is authorized to acquire by any lawful means any one
or more of the following systems: a waterworks system, a sanitary sewer system, a gas system
and an electric system and, in furtherance of the acquisition of any such system, to acquire
any necessary part thereof within or without or partially within and partially without the
limits of any such county or the corporate limits of any such municipality, as the case may
be; provided, that no municipality in this state shall have, under the authority conferred
by this article, the right to construct a gas system, a domestic water distribution system
or electric system or portion thereof if there is at the time of such proposed construction
a gas system, domestic water distribution system or electric system,...
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