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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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11-50-210
Section 11-50-210 Definitions. For the purposes of this article, the following terms shall
be deemed to have the meanings respectively ascribed to them in this section: (1) MUNICIPALITY.
A municipal corporation in the State of Alabama. (2) PUBLIC GAS CORPORATION. A public corporation
having corporate power to own and operate one or more gas systems and existing under the provisions
of any of the following: Articles 8, 9, and 12 of this chapter. (3) AUTHORIZING MUNICIPALITY.
Each municipality which authorized the incorporation of a particular public gas corporation
or the governing body of which consented to, or made determinations prerequisite to, the incorporation
of a particular public gas corporation. (4) GAS SYSTEM. A plant and system for the manufacture
and distribution of gas or a system for the purchase, transportation, and distribution, or
any of them, of manufactured or natural gas, together with all appurtenances thereto and all
property used or useful in connection...
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11-9-20
Section 11-9-20 Definitions. Wherever used in this article, unless a different meaning clearly
appears in the context, the following terms shall be given the respective interpretations
specified in this section: (1) COUNTY. Each county in the state. (2) GOVERNING BODY. The county
commission of a county. (3) MUNICIPALITY. A municipal corporation in the state. (4) STATE.
The State of Alabama. (5) 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 and all property used
or useful in connection with such facilities, including franchises. (Acts 1973, No. 1128,
p. 1901, §2.)...
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22-23-33
Section 22-23-33 State primary drinking water regulations. The board shall promulgate and enforce
state primary drinking water regulations that at no time shall be less stringent than the
complete, current interim or revised national primary drinking water regulations. State primary
drinking water regulations shall apply to each public water system in the state, except those
which meet all the following: (1) Consist only of distribution and storage facilities and
which do not have any collection and treatment facilities; (2) Obtain all their water from,
but are not owned or operated by, a public water system to which such regulations apply; (3)
Do not sell water to any person; and (4) Are not carriers which convey passengers in interstate
commerce. (Acts 1977, No. 805, p. 1389, §4.)...
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22-23-43
Section 22-23-43 Permit to construct or modify water system - Order of board upon finding that
water is impure, unwholesome, etc. Upon completion of any such investigation or of any routine
or special inspection, if the board shall determine that the water being supplied or to be
supplied is impure, unwholesome or unpotable, fails to comply with a maximum contaminant level
or may constitute a menace or danger to the health or lives of human beings, or that the existing
or proposed works, systems, plant or water supply or proposed modifications thereof are not
suited to the production and delivery of healthful, pure and wholesome water, then, upon order
of the board, the applicant or supplier of water shall make, within a time designated by the
board, such changes as the board deems necessary to secure a continuous supply of pure, wholesome,
potable and healthy water. The board may prohibit the use of said water supply or any modification,
construction or operation of said works, system...
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45-2-243.81
Section 45-2-243.81 Definitions. For the purposes of this subpart, the following words have
the following meanings: (1) GOVERNMENTAL INFRASTRUCTURE. Any facilities, systems, or services
that are owned and operated by or on behalf of a political subdivision for any of the following
purposes: a. Storm water, drainage, and flood control. b. Roads and bridges. c. Capital expenditures
related to law enforcement and public safety, fire protection, emergency medical services,
public park and recreational facilities, and public schools. d. Maintenance and upkeep of
facilities or resurfacing of roadways where needed because of the impact of new development.
(2) IMPACT FEE. A charge or assessment imposed by a political subdivision against new development
in order to generate revenue for funding or recouping the costs of governmental infrastructure
necessitated by and attributable directly to the new development. The term includes the dedication
of land for public parks or payments made in lieu...
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9-6-8
Section 9-6-8 Powers and duties generally. 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 in perpetuity)
specified in its certificate of incorporation; (2) To maintain civil actions and have civil
actions maintained against it in its corporate name, except as otherwise provided in this
chapter, and to defend civil actions against it; (3) To adopt and make use of a corporate
seal and to alter the same at pleasure; (4) To amend its certificate of incorporation by filing
in the office of the Secretary of State a certificate signed by all of the directors of the
authority setting forth the details of the amendment, such certificate to be acknowledged
in the same manner as the certificate of incorporation; (5) To adopt and alter bylaws for
the regulation and conduct of its affairs and business; (6) To...
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11-88-7
Section 11-88-7 Powers of authority generally; power of authority to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally;
powers of authority organized to construct and operate sewer system. (a) 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 in perpetuity, subject to the provisions of Section 11-88-18)
specified in its certificate of incorporation; (2) To sue and be sued in its own name in civil
actions, except as otherwise provided in this article, and to defend civil actions 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...
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37-4-45
Section 37-4-45 Conveyance of water distribution facilities to public authority or corporation
by not-for-profit entity without necessity of commission approval. Any provision of this division
to the contrary notwithstanding, any not-for-profit corporation or other not-for-profit entity
owning, operating, leasing or controlling any plant, property or facility for the supply,
storage, distribution or furnishing to or for the public of water for manufacturing, municipal,
domestic or other uses, may sell, convey, lease or otherwise dispose of any or all of such
plant, property, or facility, and its other properties, including without limitation any franchises,
rights, contracts, business, good will and all other assets, to any public authority or corporation
that is organized under the laws of Alabama and that is empowered to own, operate, lease or
control such plant, property or facility, all without the necessity of any approval or consent
of the Public Service Commission. (Acts 1981,...
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45-25-250.04
Section 45-25-250.04 Powers of authority. (a) 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 specified in its
certificate of incorporation. (2) To sue and be sued in its own name in civil actions, except
as otherwise provided in this article, and to defend civil actions 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 and whether located within
or outside the service area. (6) To make, enter into, and execute such contracts, agreements,
leases, and other instruments and to take such other actions...
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