Code of Alabama

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11-88-12
Section 11-88-12 Establishment and revision of rates, fees, and charges for services rendered
by authority; applicability of provisions of section to authority organized to construct and
operate sewer system. (a) Rates, fees, and charges for water service, sewer service, and fire
protection service rendered by the authority from any of its water systems, sewer 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 issued and obligations
assumed by the authority that are payable out of the revenues derived from operation of those
systems and facilities as the said principal and interest become due and payable; (3) Create
and maintain such reserves for the foregoing purposes or any...
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11-89-1
any thereof. (17) PERSON. Unless limited to a natural person by the context in which it is
used, such term includes a public or private corporation, a municipality, a county, a cooperative,
or an agency, department or instrumentality of the state or of a county or municipality or
cooperative. (18) PRINCIPAL OFFICE. The place at which the certificate of incorporation and
amendments thereto, the bylaws and the minutes of proceedings of the board of a district are
kept. (19) PROPERTY. Real and personal property and interests therein. (20) PUBLIC
CORPORATION. Any public corporation organized under the laws of the state. (21) PUBLIC FIRE
PROTECTION FACILITY. A fire protection facility which is owned or operated by the United States
of America, the state, a county, a municipality, a public corporation, any combination of
any thereof or any agency or instrumentality of any one or more thereof or in which any one
or more thereof or any agency or instrumentality of any one or more thereof holds...
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11-89-13
Section 11-89-13 Loans, sales, grants, etc., of money, property, etc., to district by counties,
municipalities, public corporations, etc. For the purpose of securing water service, sewer
service, or fire protection service or aiding or cooperating with the district in the planning,
development, undertaking, construction, extension, improvement, operation, or protection of
water systems, sewer systems, and fire protection facilities, any county, municipality, or
other political subdivision, public corporation, agency, or instrumentality of this state
may, upon such terms and with or without consideration, as it may determine: (1) Lend or donate
money to, guarantee all or any part of the indebtedness of, or perform services for the benefit
of the district; (2) Donate, sell, convey, transfer, lease, or grant to the district, without
the necessity of authorization at any election of qualified voters, any property of any kind,
including, but without limitation, any water system, sewer...
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45-25-250.04
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 as
may be necessary or convenient to accomplish any purpose for which the authority was organized
or to exercise any power expressly granted under this section. (7) To plan, establish, develop,
acquire, purchase, lease, construct, reconstruct, enlarge, improve,...
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45-41-141
Section 45-41-141 Definitions. (a) The following words and phrases used in this part, and others
evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise,
shall be given the following respective interpretations herein: (1) AMENDMENT 392. That certain
amendment to the Constitution of Alabama of 1901, as amended, proposed by Act 80-313 enacted
at the 1980 Regular Session of the Legislature. (2) AUTHORIZING AMENDMENT. That certain amendment
to the Constitution of Alabama of 1901, as amended, proposed by Act 88-479 enacted at the
1988 Regular Session of the Legislature. (3) CODE. The Code of Alabama 1975, as amended. (4)
COMMERCIAL BUILDING. Any building, structure, or other improvement to real property, excluding,
however, any dwelling that: a. Is subject to ad valorem taxation and has a fair market value,
according to the records of the tax assessor pertaining to state and county ad valorem taxation
for the fiscal or ad valorem tax year of the...
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11-88-5
Section 11-88-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any authority incorporated under the provisions of
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
and which amendment may include: a. A change in the name of the authority; b. The addition
to the service area of the authority of new territory lying within the determining 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 article to operate; d. Any matters which might have been included in
the original certificate of incorporation; e. Provisions for the addition...
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11-88-7.1
Section 11-88-7.1 Additional powers. (a) Any authority organized or operating pursuant to Chapter
88 of Title 11 shall, in addition to all other powers now or hereafter granted by law, have
the following powers and rights: (1) To borrow money for temporary use for any of its corporate
purposes and, in evidence of such borrowing, to issue from time to time revenue bonds or notes
maturing not later than 36 months from the date of issuance. Any such temporary borrowing
may be made in anticipation of the sale and issuance of long-term revenue bonds, and in such
event, the principal proceeds from the sale of such long-term revenue bonds shall, to the
extent necessary, be used for payment of the principal of and the interest on the temporary
revenue bonds or notes issued in anticipation of the sale and issuance of such long-term revenue
bonds. Any such temporary borrowing may also be made with respect to a project simultaneously
with or after the sale and issuance of long-term revenue bonds...
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45-25-250
County. (10) NEW TERRITORY. Any territory added, by amendment to the certificate of incorporation
of an authority, to the area or areas in which that authority is authorized to render water,
garbage, or sewer service. (11) PERSON. Unless limited to a natural person by the context
in which it is used, such term includes a public or private corporation, a municipality, a
county or an agency, department, or instrumentality of the state or of a county or municipality.
(12) PROPERTY. Real and personal property and interests therein. (13) PUBLIC WATER
SYSTEM. A water system which is owned or operated by the United States of America, the state,
a county, a municipality, a public corporation organized under the laws of the state, any
combination of any thereof, or any agency or instrumentality of anyone or more thereof or
in which anyone or more thereof or any agency or instrumentality of anyone or more thereof
holds a reversionary or remainder interest. (14) SERVICE AREA. The geographic...
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4-3-47
perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, excepting actions in tort against the authority; (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, take and
hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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4-3-11
may be in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued
in its own name in civil suits and actions, excepting actions in tort against the authority;
(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, take and hold, whether by purchase, gift, lease, devise or otherwise, property of
every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property, and to develop any undeveloped property owned, leased or controlled
by it; (6) To execute such contracts and other instruments and to take such other action as
may be necessary or convenient to carry out the purposes of this chapter or the exercise of
any power granted hereunder; (7) To plan, establish, develop, acquire, construct,...
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