11-89-5
Section 11-89-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any district incorporated under the provisions of
this chapter 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 district shall first adopt a resolution proposing
an amendment to the certificate of incorporation which shall be set forth in full in the said
resolution and which amendment may include: a. A change in the name of the district; b. The
addition to the service area of the district of new territory lying within any municipality
or, in the case of territory not lying within any municipality, any county in which the district's
then existing service area lies; c. Provisions for the operation of a system or facility the
operation of which is not then provided for in the certificate of incorporation of the district
and which the district is authorized by this chapter to operate;...
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45-41-141.03
Section 45-41-141.03 Authorization of levy of financial charges. Subject to the provisions
of Section 45-41-141.09 (providing for the exemption of certain dwellings from the levy of
financial charges hereunder), the commission is hereby authorized to levy, for each fiscal
year of the county commencing with such fiscal year beginning October 1, 1988, and in any
district, a financial charge with respect to each unit of property located within the boundaries
of such district as they may from time to time exist, at such rate (not exceeding, however,
the maximum rate at the time authorized), and for such period of time, as the qualified electors
of such district shall have approved in an election called and conducted in accordance with
applicable provisions of this part; provided, however, that no financial charge may in any
event be levied hereunder with respect to any unit of property at a rate in excess of one
hundred twenty-five dollars ($125) per fiscal year, which is adjusted every 10...
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9-9-11
Section 9-9-11 Establishment of district - Filing of objections to organization of district;
hearing and proceedings upon petition and objections; issuance of order declaring organization
of district; dismissal of petition and issuance of itemized bill of costs and expenses. (a)
Any owner of real property affected by said proposed district who wishes to object to the
organization and incorporation of said district shall, on or before 12:00 noon of the day
set for the causes to be heard, file his objection in writing stating why such district should
not be organized and incorporated. On the day appointed for the hearing, the court shall hear
and determine in a summary manner any objection that may be offered to the sufficiency of
the petition or to the report of the engineer or plan submitted by petitioners. If it appears
that there is any land within the proposed district that is not in the watershed, if the proposed
plan includes purposes other than drainage or is not in the benefited...
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45-37-140.14
Section 45-37-140.14 Abolition of district. (a) Any district created hereunder may be abolished
in the manner provided for in this section; provided, however, that no district shall be abolished
when it has any indebtedness. (1) Upon the petition for abolition of a district, conforming
to the requirements set forth below, being filed with the judge of probate, he or she shall
order an election on abolition of the district to be held in the district with the time provided
for by Section 45-37-140.04 unless the petition is submitted less than one year before the
next scheduled primary, primary runoff, or a general election in which case the election shall
be held at the next scheduled primary, primary runoff, or a general election, at which qualified
electors residing within the district shall be entitled to vote. The number of qualified electors
residing in the district signing the petition shall not be less than the smaller of these
two numbers: 500, or a number equal to 10 percent of...
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37-5-2
Section 37-5-2 Creation; alteration; consolidation; dissolution. A municipal power district
may be created as provided in this chapter and, when so created, shall be considered a municipal
corporation and may exercise the powers granted in this chapter. The governing body of every
municipality proposed to be included in a district shall pass a resolution declaring that
the public interest or necessity demands the creation and maintenance of a municipal power
district, describing the territory to be included in the proposed district, and file a certified
copy thereof in duplicate with the commission. Upon receipt of the resolutions, the commission
shall make an investigation of the propriety of creating the proposed district, of the character
of utility feasible and economically desirable for the district and of the territory to be
served. After investigation, the commission shall issue an order approving or disapproving
the creation of the district and, if it approves, determining the...
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45-37-140.13
Section 45-37-140.13 Annexation; referendum; hearing; reestablishment of boundaries. (a) Whenever
any municipal corporation in Jefferson County annexes any portion of a district and a petition
is filed with the clerk of the municipality requesting annexation of the remaining portion
of the district, the petition containing the following: (1) signatures of 20 percent of the
qualified electors residing within the district or signatures of 200 qualified electors, whichever
is less, and (2) a written statement signed by at least two members of the board of trustees
of the district reciting that those signing the petition constitute either 10 percent of the
qualified electors residing within the district or 100 qualified electors residing within
the district, whichever is applicable, and (3) a description of the district; then the governing
body of such municipal corporation shall provide for and finance the cost of a referendum
election wherein the remaining qualified voter residents of...
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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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37-3-21
Section 37-3-21 Schedules or contracts of contract carriers; charges generally; rules, regulations
or practices. (a) It shall be the duty of every contract carrier by motor vehicle to file
with the commission, publish and keep open for public inspection, in the form and manner prescribed
by the commission, schedules or, in the discretion of the commission, copies of contracts
containing the minimum charges of such carrier for the transportation of passengers or property
in intrastate commerce in this state and any rule, regulation or practice affecting such charges
and the value of the service thereunder. No such contract carrier, unless otherwise provided
by this chapter, shall engage in the transportation of passengers or property in intrastate
commerce in this state unless the minimum charges for such transportation by said carrier
have been published, filed and posted in accordance with the provisions of this chapter. No
reduction shall be made in any such charge either directly or...
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45-30-140.04
Section 45-30-140.04 Fire protection service fee - Referendum. (a) The qualified electors of
a fire district may file a petition, signed by at least 50 registered voters in the fire district,
with the office of the judge of probate, who shall then order a referendum to be held in the
fire district on the question of establishing a fire protection service fee for the fire district.
Section 45-30-140.08 shall apply to all elections provided for by this article. (b) The petition
shall contain the name and description of the fire district area and shall request the judge
of probate to call an election on the following question: "Do you favor the assessment
of a fire protection service fee in the amount of $____ a month collected annually with property
tax payments for the purpose of funding fire protection services in this volunteer fire district?
Yes __ No __." (c) The fee may not exceed six dollars ($6) a month. (Act 2015-513, 1st
Sp. Sess., §5.)...
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45-37-242
Section 45-37-242 Taxation for public school purposes. (a) The Legislature finds and confirms
that pursuant to paragraph (f) of Amendment 373 to the Constitution of Alabama of 1901, the
County Board of Education of Jefferson County, the board, and the Jefferson County Commission
of Jefferson County, the county commission, after separate public hearings thereon, have each
proposed that the county commission increase above the limit otherwise provided in the constitution,
the rate at which the ad valorem tax, hereinafter described, is levied on the taxable property
in the Jefferson County School District, consisting of all areas of Jefferson County outside
of the municipalities of Birmingham, Bessemer, Fairfield, Mountain Brook, Homewood, Vestavia
Hills, Tarrant City, and Midfield, the school district. (b) The Legislature hereby approves
the aforesaid proposal and authorizes the county commission to increase the rate at which
the ad valorem tax levied pursuant to the election held in the...
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