11-44B-23
Section 11-44B-23 Authority to collect surcharge on new water and/or sewer customers. Any law
to the contrary notwithstanding and in addition to any other lawful charges, fees or rates
which may be imposed and collected under various state laws and municipal ordinances for water
and/or sewer service, any Class IV incorporated municipality in this state organized pursuant
to Section 11-44B-1, et seq., that maintains and operates a water supply system and a sanitary
sewer system shall have the power and authority to establish and collect in addition to all
other fees and charges, a surcharge upon each new water and/or sewer customer of the municipality
from April 21, 1994 not located within the corporate limits of the municipality. Provided,
however, said surcharge shall not exceed 25 percent of any such water and/or sewer customer's
monthly bill for such services. Provided further, however, no such surcharge may be imposed
or collected for water sales to any water works system operated...
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11-88-21
Section 11-88-21 When proceedings, notice, etc., for incorporation of authority, acquisition
of property, issuance of bonds, etc., required; exemption of authority, etc., from jurisdiction
and regulation of Public Service Commission, etc. Except as expressly otherwise provided in
this article or Article 2 of this chapter no proceeding, notice, or approval shall be required
for the incorporation of any authority or the amendment of its certificate of incorporation,
the acquisition of any property, water system, sewer system, or fire protection facility or
the issuance of any bonds, mortgage, and deed of trust or trust indenture. The authority,
every water system, sewer system, or fire protection facility owned by the authority or leased
or subleased to a determining 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...
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11-89-7
Section 11-89-7 Powers of district generally; power of district to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally.
(a) The district 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 perpetuity, subject to the provisions of Section
11-89-17) 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 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 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...
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11-89-9
Section 11-89-9 Bonds of district - Contracts to secure payment of principal and interest.
As security for payment of the principal of and the interest on bonds issued or obligations
assumed by it, the district may enter into a contract or contracts binding itself for the
proper application of the proceeds of bonds and other funds, for the continued operation and
maintenance of any water system, sewer system, or fire protection facility owned by it or
any part or parts thereof, for the imposition and collection of reasonable rates for and the
promulgation of reasonable regulations respecting any service furnished from such system or
facility, for the disposition and application of its gross revenues or any part thereof and
for any other act or series of acts not inconsistent with the provisions of this chapter for
the protection of the bonds and other obligations being secured and the assurance that the
revenues from such system or facility will be sufficient to operate such system or...
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45-49-251.01
Section 45-49-251.01 Expense allowance for board members. Each member of the board of directors
of any authority which operates a public water system, a public sewer system, or a fire protection
facility in Mobile County and which serves 6,500 or more customers, in addition to any other
compensation, shall receive an expense allowance for performance of his or her duties in an
amount of fifty dollars ($50) for each duly called and attended special meeting of the board
of directors. Notwithstanding the foregoing, the expense allowance for special meetings attended
shall not exceed one thousand eight hundred dollars ($1,800) per year per member. (Act 97-272,
p. 490, §1.)...
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11-44D-19
Section 11-44D-19 Continuation of laws relating to certain boards, etc. All laws relating to
the school board, library board, medical clinic board, hospital board, airport board, housing
authority, industrial development board, downtown development authority, plumbers or electricians
board, planning board, zoning board, park or recreation board, municipally owned public utility,
and any municipally owned service enterprise, including inter alia, electric, gas and water
boards, agencies, etc., and any board, authority, agency, etc., given such independent status,
as the same may apply and be in effect at the time when the municipality shall elect to be
governed by the provisions of this chapter, shall continue in full force and effect and without
interruption or change as to the establishment or conduct of any such authority, board, or
agency, until otherwise provided by law. (Acts 1986, No. 86-195, p. 240, §19.)...
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11-88-3
Section 11-88-3 Filing of application for incorporation of authority; adoption of resolution
approving or denying application by county governing body. (a) In order to incorporate an
authority under this chapter, any number of natural persons, not less than three, shall first
file a written application with the governing body of that county in which the area or areas
to be served by the proposed authority is located. Such application shall contain: (1) A statement
that the authority proposes to render water service, sewer service, and fire protection service,
or any one or more thereof; (2) A concise legal description of the area or areas in which
the authority proposes to render water service, sewer service, and fire protection service,
or any thereof; (3) A statement that there is no public water system adequate to serve any
area in which it is proposed that the authority will render water service, that there is no
public sewer system adequate to serve any area in which it is...
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24-1-111
Section 24-1-111 Operation of housing authorities in municipality outside area of operation.
In addition to its other powers, any housing authority may exercise any or all of its powers
within the territorial boundaries of any municipality not included in the area of operation
of such housing authority, for the purpose of planning, undertaking, financing, constructing,
and operating a housing project or projects within such municipality; provided, that a resolution
shall have been adopted by the governing body of such municipality in which the authority
is to exercise its powers and by any housing authority previously established by such municipality
and authorized to exercise its powers therein declaring that there is a need for the aforesaid
housing authority to exercise its powers within such municipality. (Acts 1943, No. 541, p.
512, §9.)...
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11-50-231
Section 11-50-231 Application for authority to form corporation for operation of waterworks
and sanitary sewer systems; adoption of resolution by municipal governing body authorizing
incorporation. Whenever any number of natural persons, not less than three, shall file with
the governing body of any municipality in this state an application in writing for authority
to incorporate a public corporation for the purpose of operating a waterworks plant and system
and a sanitary sewer system or either of such systems, and if it shall be made to appear to
such governing body that each of said persons is a duly qualified elector of and owner of
property in said municipality and if the governing body of said municipality shall adopt a
resolution, which shall be duly entered upon the minutes of such governing body, wherein it
shall be declared that it is wise, expedient, and necessary that such a corporation be formed
and that the persons filing said application shall be authorized to proceed to...
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11-50-311
Section 11-50-311 Application for authority to incorporate; adoption of resolution by municipal
governing body authorizing incorporation. Whenever any number of natural persons, not less
than three, shall file with the governing body of any municipality of this state an application
in writing for authority to incorporate a public corporation for the purpose of operating
a water system, a sewer system, a gas system, and an electric system or any one or more of
such systems, and if it shall be made to appear to such governing body that each of said persons
is a duly qualified elector of and owner of property in said municipality and if the governing
body of said municipality shall adopt a resolution, which shall be duly entered upon the minutes
of such governing body, wherein it shall be declared that it is wise, expedient, and necessary
that such a corporation be formed and that the persons filing said application shall be authorized
to proceed to form such corporation, then said...
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