Code of Alabama

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11-50-310
Section 11-50-310 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) WATER SYSTEM. A plant and system for the gathering, collecting, or impounding of water
and the distribution thereof for domestic or industrial use or both or a plant or system for
the purchase, transportation, and/or distribution of water for domestic or industrial use
or both, together with all appurtenances thereto and all property used or useful in connection
therewith, including franchises. (2) SEWER SYSTEM. A sanitary sewer system, including mains,
laterals, sewage disposal plants, or sewage treatment plants and all appurtenances to such
system and all property used or useful in connection therewith, including franchises. (3)
GAS SYSTEM. A plant and system for the manufacture and distribution of gas or a system for
the purchase, transportation, and/or distribution of manufactured or natural...
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11-50-312
Section 11-50-312 Acknowledgment, filing and recordation of certificate of incorporation; amendment
of certificate of corporation formed under this article or under Division 1 of Article 8 of
this chapter. (a) The certificate of incorporation of any corporation organized under this
article shall state: (1) The name of the corporation, which shall be a name indicating the
system or systems for the operation of which the corporation is organized (e.g., "the
waterworks and electric board of the City (or Town) of _____," or "the utilities
board of the City (or Town) of _____"); (2) The location of its principal office and
the post office address thereof; (3) The period for the duration of the corporation (if the
duration is to be perpetual, this fact should be stated); and (4) The objects for which the
corporation is organized. The certificate of incorporation may also contain any provisions
not contrary to law which the incorporators may choose to insert for the regulation and conduct
of...
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45-17A-83.04
Section 45-17A-83.04 Authority and duties of the board. The board shall be responsible for
the management, control, and operation of the electric, water, sewer, gas, or other utilities
presently owned or hereafter acquired by the City of Tuscumbia, including the authority to
employ, upon terms to be established by the board, and to discharge managers, cashiers, clerks,
attorneys, and other employees as deemed necessary for the operation of the utility systems.
The board shall have the power and authority to construct, enlarge, improve, and repair utility
systems subject to the financial limitations imposed herein. The board shall have the power
and authority to transfer and to distribute and to sell to any one or more customers water,
gas, and electricity and to furnish services from any system operated by it, and, further,
to establish and collect and alter charges for water, gas, electric, and sewer services and
all services of any kind sold or furnished by it. Further, the board may...
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45-17A-83.05
Section 45-17A-83.05 Establishment of utility rates. The board is authorized to establish all
utility rates for the City of Tuscumbia public utility system. Any electric rate adjustment
must be approved by the Tennessee Valley Authority before implementation. Any water or sewer
rate adjustment shall be made in accordance with the American Water Works Association Manual
of Water Supply Practices M-1, latest edition. Any gas rate adjustment shall be made in accordance
with the American Public Gas Association average cost of gas method. In the event one of the
standards or methods of establishing utility rates set out herein is unavailable for any reason,
the board and the city council must agree upon a new standard or method of establishing rate
adjustments by the board. (Act 2007-502, p. 1068, §6.)...
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45-17A-83.10
Section 45-17A-83.10 Electric distribution system. All revenues generated from the sale of
electricity or in any way from the use of the electric distribution system, shall be deposited
in board approved accounts. Payment shall be made to the City of Tuscumbia in accordance with
the terms of the power contract between the Tennessee Valley Authority and the board and/or
City of Tuscumbia then in effect. For the 2006-2007 fiscal year, the power contract requires
payments to the City of Tuscumbia in lieu of taxes based on 4.7 percent of net plant value.
The required payments to the City of Tuscumbia shall be made monthly and adjusted annually
based on the required audit of the electric utility system. (Act 2007-502, p. 1068, §11.)...

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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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11-50-143
Section 11-50-143 Ordering of special election for authorization of sale, lease, etc. After
the passage of said resolution, the said board of aldermen or other governing body shall order
a special election to be held at which all the voters in said city or town, who are qualified
voters under the laws of this state may vote on the proposition of whether such sale, lease
or other disposition of such electric plant, gas plant, or waterworks plant shall be authorized.
(Acts 1909, No. 212, p. 253; Code 1923, §2061; Code 1940, T. 37, §378.)...
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11-50-15
Section 11-50-15 Fees of directors. In any instance where a public corporation heretofore or
hereafter organized pursuant to the provisions of Sections 11-50-231 through 11-50-238, 11-50-240
and 11-50-241, or under the provisions of Sections 11-50-310 through 11-50-318 and 11-50-320
through 11-50-324 owns and operates one or more utility systems, the board of directors of
such corporation may at its election authorize the payment by such corporation of the following
directors' fees to the members of the board of directors in lieu of the directors' fees authorized
in the statute under which such corporation was organized. No fee shall be paid to any director
for services rendered with respect to a sanitary sewer system. In any instance when the system
or systems owned and operated by the corporation are any one or more of a water system, a
gas system, and an electric system, the chair of the board of directors may be paid a director's
fee in an amount not exceeding six hundred dollars...
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11-50-313
Section 11-50-313 Board of directors. (a) Each corporation formed or the certificate of incorporation
of which is amended under this article shall have a board of directors which shall constitute
the governing body of the corporation, which board shall consist of at least three members.
In any Class 4 municipality which has adopted a mayor-council form of government pursuant
to Chapter 43B (commencing with Section 11-43B-1) of this title, any corporation formed pursuant
to this chapter may have a governing body which shall consist of seven members. Any corporation,
located in any Class 5 municipality, which is governed by a local law enacted in the 1995
Regular Session may have a governing body which shall consist of seven members. No fee shall
be paid to any director for services rendered with respect to a sanitary sewer system. In
any instance where the system or systems owned and operated by the corporation are any one
or more of a water system, a gas system, and an electric system,...
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11-50-262
Section 11-50-262 Borrowing of money and issuance of revenue bonds therefor; execution of mortgages,
pledges, etc., as security for indebtedness; provisions in same as to rights of parties thereto,
etc.; sale of gas to municipalities authorized. (a) Any waterworks board shall also have the
power to borrow money and to issue revenue bonds as evidence of any money so borrowed, which
bonds shall be payable solely from the revenues derived from the operation of such gas plant
and system. As security for any money so borrowed, together with interest thereon and any
obligations incurred or assumed, the board shall have the power to mortgage, pledge, or otherwise
transfer and convey its real, personal, and mixed property or any part or parts thereof, whether
then owned or thereafter acquired, including its franchises owned and thereafter acquired
and all or any part of the revenues derived from such plant or system or any part thereof.
The instrument whereunder such mortgage or pledge shall...
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