45-30-250.03
Section 45-30-250.03 Amendment to certificate of incorporation. (a) The certificate of incorporation
of the authority incorporated under this article 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 authority
shall first adopt a resolution proposing an amendment to the certificate of incorporation
which shall be set forth in full in the resolution. The amendment may include any of the following:
a. A change in the name of the authority. b. The addition to the service area of the authority
of new territory lying within Franklin County. c. Provisions for the operation of a system
or facility not currently provided for in the certificate of incorporation of the authority
for which the authority is authorized by this article to operate. d. Any matters which could
have been included in the original certificate of incorporation. e. Provisions for the addition
to the service area of the authority of new territory...
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45-30-250.08
Section 45-30-250.08 Rates, fees, and charges. Rates, fees, and charges for water service rendered
by the authority from any of its systems shall be fixed and periodically revised so as to
provide at all times funds sufficient to: (1) Pay the cost of operating, maintaining, repairing,
replacing, extending, and improving the systems from which services are rendered. (2) Pay,
upon becoming due and payable, the principal of and the interest on all bonds and obligations
assumed by the authority that are payable out of the revenues derived from operation of those
systems and facilities and revenues from any tax sources and fees. (3) Create and maintain
reserves for the foregoing purposes as may be provided in any mortgage, deed of trust, or
trust indenture executed by the authority under this article or in any resolutions of the
board authorizing the assumption of any obligation of the acquisition of any system. (4) Make
annual payments, if any, that the authority has contracted to make, to...
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45-38-141.03
Section 45-38-141.03 Amendment of certificate of incorporation. (a) The certificate of incorporation
of the authority incorporated under this part 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 authority shall
first adopt a resolution proposing an amendment to the certificate of incorporation which
shall be set forth in full in the resolution and which amendment may include any or all of
the following: a. A change in the name of the authority. b. The addition to the service area
of the authority of new territory lying within Lamar County. 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 authority and which the authority is authorized by this part to operate.
d. Any matters which might have been included in the original certificate of incorporation.
e. Provisions for the addition to the service area of the...
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45-38-141.08
Section 45-38-141.08 Rates, fees, and charges. Rates, fees, and charges for water service and
fire protection service rendered by the authority from any of its water systems or fire protection
facilities shall be so fixed and from time to time revised as at all times to provide funds
at least sufficient to do all of the following: (1) Pay the cost of operating, maintaining,
repairing, replacing, extending, and improving the systems and facilities, or either, from
which such services are rendered. (2) Pay the principal of and the interest on all bonds and
obligations assumed by the authority that are payable out of the revenues derived from operation
of those systems and facilities together with revenues from any tax sources and fees as the
principal and interest become due and payable. (3) Create and maintain such reserves for the
foregoing purposes or any of them as may be provided in any mortgage and deed of trust or
trust indenture executed by the authority under this part or in any...
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45-39-92.06
Section 45-39-92.06 Powers and duties. The authority, or its agents and employees as directed,
may do any of the following: (1) Investigate, study, and engage in basic research relative
to the natural resources of land, water, minerals, and people in the cities and counties and
apply its findings and efforts to promote a sound and balanced agricultural, industrial, and
economic development of the cities and counties. (2) Cooperate with municipal, regional, state,
or federal planning entities or other industrial and economic development boards. (3) Publicize
and advertise the industrial, commercial, and agricultural resources and growth opportunities
of the cities and counties. (4) Collect, compile, and distribute literature concerning the
facilities, advantages, and attractions of the cities and counties, the educational, historic,
recreational, and scenic places of interest within the cities and counties, and the air, water,
and highway transportation facilities. (5) Contract with...
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45-47-250.08
Section 45-47-250.08 Rates, fees, and charges. Rates, fees, and charges for water service and
fire protection service rendered by the authority from any of its water systems or fire protection
facilities shall be so fixed and from time to time revised as at all times to provide funds
at least sufficient to: (1) Pay the cost of operating, maintaining, repairing, replacing,
extending, and improving the systems and facilities, or either, from which such services are
rendered. (2) Pay the principal of and the interest on all bonds and obligations assumed by
the authority that are payable out of the revenues derived from operation of those systems
and facilities together with revenues from any tax sources and fees as the principal and interest
become due and payable; (3) Create and maintain such reserves for the foregoing purposes or
any of them as may be provided in any mortgage and deed of trust or trust indenture executed
by the authority under this article or in any resolutions of the...
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45-47-250.11
Section 45-47-250.11 Governmental functions; liability of authority. (a) The furnishing of
fire protection facilities in conjunction with the water services by the authority as well
as the furnishing of water services are hereby declared to be a governmental function. (b)
The authority shall not be liable for any tort, whether negligent or wilful, committed by
any director, agent, servant, or employee of the authority in the furnishing of water service
or fire protection facilities or service or in the construction, maintenance, or operation
of any water or fire protection facility. (Act 89-465, p. 950, § 12.)...
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11-44B-19
Section 11-44B-19 Laws relating to municipal boards, agencies, and service enterprises continued
in force. All laws relating to the school board, library board, hospital board, industrial
development boards or authorities, housing authorities, medical clinic boards, plumbers or
electricians boards or other technical boards, planning board, zoning board, park or recreation
board, municipally owned public utility, other boards and agencies 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 article, shall continue in full force and effect and without interruption or change
as to the establishment of conduct of any such authority, board, or agency until otherwise
provided by law. (Acts 1985, 1st Ex. Sess., No. 85-107, p. 141, §19.)...
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11-50-174
Section 11-50-174 Construction of article; exemption from jurisdiction and regulation of state
Public Service Commission, etc. (a) Nothing contained in this article shall be construed to
authorize any public corporation or municipality to convey any water system in such manner
that title thereto may vest in private ownership; provided, that title to such system may
be subjected to a mortgage, deed of trust, or pledge agreement as security for repayment of
money borrowed by the public corporation to which the same is transferred. Nothing contained
in this article shall be construed as a restriction or limitation upon any authority which
any public corporation or municipality now existing or hereafter formed may have in the absence
thereof, but this article shall be construed to be supplemental and additional to authority
conferred by other laws. No proceedings, notices, or approval shall be required, except as
expressly prescribed in this article, any other law to the contrary...
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11-88-9
Section 11-88-9 Bonds of authority - Contracts to secure payment of principal and interest.
As security for payment of the principal of and interest on bonds issued or obligations assumed
by it, the authority 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 article 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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