11-44E-52
Section 11-44E-52 Grant of franchise; lease, or right to use streets, etc.; transfer of waterworks,
sewer, electric, or gas plant and system to board or public corporation. No resolution, bylaw,
or ordinance granting to any person, firm, or corporation any franchise, lease, or right to
use the streets, public highways, thoroughfares, or public property of the city organized
under the provisions of this chapter, either in, under, upon, along, through, or over same
shall take effect and be in force until 30 days after the final enactment of same by the commission,
and publication of said resolution, or ordinance in full once a week for three consecutive
weeks in some newspaper published in the city, which publication shall be made at the expense
of the persons, firms, or corporations applying for the grant. Pending the passage of any
such resolution or ordinance, or during the time intervening between its final passage and
the expiration of the 30 days during which publication shall be...
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11-50-13
Section 11-50-13 Transfer of waterworks, sewer, electric, and gas plants, etc., to boards organized
and incorporated to own and operate same. (a) Each municipality in Alabama which now or hereafter
owns a waterworks plant and system, a sewer plant and system, an electric plant and system,
and a gas plant and system, or any one or more thereof, is hereby authorized to transfer and
convey one or more of such plants and systems or any part or parts of such plants and systems
or any rights incidental thereto, without the necessity of authorization at an election of
the qualified voters of such municipality, to a board which is a public corporation organized
and incorporated under Sections 11-50-231 through 11-50-238, 11-50-240 and 11-50-241, as amended,
or under any act providing for the incorporation of like boards to own and operate any waterworks
plant or system, any sewer plant or system, any electric plant or system, or any gas plant
or system, whether such board was incorporated with...
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11-50-265
Section 11-50-265 Transfer of gas plant or system to waterworks board; sale or transfer of
plant or system by board to utility regulated by state Public Service Commission. (a) Every
city or town now or hereafter owning and operating a municipal gas plant or distribution system
and in which municipality a waterworks board is now or hereafter incorporated under the provisions
of Division 1 of this article is hereby authorized to transfer and convey such gas plant or
system or both to such waterworks board pursuant to the provisions of an ordinance theretofore
duly enacted by the governing body of such city or town and without the necessity of authorization
at an election of the qualified voters thereof; provided, that if at the time of such transfer
the city or town has outstanding any bonds or other obligations payable from or secured by
the revenues or earnings of such gas plant or system, it shall be incumbent upon the waterworks
board of such city or town to pay the amount thereof...
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45-35A-54.20
Section 45-35A-54.20 Transfer of waterworks, sewer, or electric plants and systems - Authorized.
Any waterworks plant and system, a sewer plant and system, an electric plant and system, and
a gas plant and system, or any one or more of such plants and systems now or hereafter owned
by the City of Dothan shall be authorized to transfer and convey one or more of such plants
or systems, or any part of such plants or systems, or any rights incidental thereto to any
board or public corporation organized under Chapter 50, Title 11, or under any subsequent
act providing for the incorporation of like boards to own and operate any waterworks plant
or system, any sewer plant or system, any electric plant or system, or any gas plant or system,
whether such board was incorporated with the approval of the city owning such plant or system,
or with the approval of some other city in Alabama, the governing body owning any such plant
or systems, or both, shall provide for an election at which the...
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11-50-314
Section 11-50-314 Powers of corporation generally; provisions in mortgages, deeds of trust,
or pledge agreements executed by corporation as to rights of parties thereto, etc. (a) Each
corporation formed or the certificate of incorporation of which is amended under this article
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 in perpetuity) specified in its certificate of incorporation
or until dissolved as provided in this article; (2) To sue and be sued and to defend civil
actions against it; (3) To make use of a corporate seal and to alter the same at pleasure;
(4) To acquire, purchase, construct, operate, maintain, enlarge, extend, and improve any system
or systems, the operation of which is provided for in the certificate of incorporation of
such corporation or in any amendment thereto (whether or not such system or...
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11-50-239
Section 11-50-239 Acquisition, operation, etc., of waterworks system located in another municipality;
execution of contract for conveyance of system in other municipality thereto upon payment
in full of indebtedness of corporation. (a) Each waterworks board now or hereafter organized
under this division, in addition to all other powers conferred on it by law, is hereby further
authorized and empowered to acquire, by purchase from the owner or owners thereof, all or
any part of a waterworks plant or system and any rights incidental thereto located within
the limits of any incorporated municipality in this state other than the municipality within
which such board was organized to operate and thereafter to manage, operate, extend, enlarge,
lease, mortgage, convey, and otherwise control the same as a part of its waterworks system
in the municipality within which such board was organized to operate in all respects as if
the properties so purchased were located in the municipality within...
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11-50-404
Section 11-50-404 Transfer of systems to district by municipalities. Each municipality in Alabama
which now or hereafter owns a gas plant and system is hereby authorized to transfer and convey
all or any part of such plant and system or any rights incident thereto, without the necessity
of authorization at an election of the qualified voters of such municipality, to a gas district
incorporated as a public corporation under the provisions of this article, whether such municipality
is a member of the district or not. Any such transfer or conveyance may be made with or without
pecuniary consideration and on any such terms and conditions as the governing body of the
municipality owning such plant and system may determine. Any such transfer and conveyance
shall be made only upon the adoption by the governing body of the municipality owning such
plant and system of an ordinance or resolution authorizing such transfer and conveyance. (Acts
1953, No. 641, p. 900.)...
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45-35A-54.21
Section 45-35A-54.21 Transfer of waterworks, sewer, or electric plants and systems - Election.
Except as herein provided for, and at the time of holding the same, all elections herein required
shall be held according to the general laws of Alabama. At any such election the proposition
to be submitted to the voters shall be: "Shall the governing body of the City of ______
be authorized to transfer and convey the city owned waterworks plant and system, sewer plant
and system, electric plant and system, gas plant and system, or any one or more thereof, or
any part or parts of such plants or systems, or any rights incidental thereto to any board
or public corporation organized under Chapter 50, Title 11, or to any board created or established
by any subsequent act providing for the incorporation of like boards to own and operate any
such plant or systems or both, the members of which board will not be elected by the qualified
voters of the City of ______. "NO____ YES____ ." (Act 79-537, p....
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39-7-13
Section 39-7-13 Purpose and powers of authority generally; sale, transfer and conveyance of
entire water system to public corporation authorized to conduct business of water distribution
system. (a) An authority shall be incorporated for the purpose of conducting and developing
the enterprise in which it may engage in such manner that the services afforded by such enterprise
shall be available for public uses and to all inhabitants of the municipality and the surrounding
area for domestic and industrial uses at the lowest cost consistent with sound economy and
prudent management. Every authority incorporated under this chapter is hereby vested with
all powers necessary and requisite for the accomplishment of such purpose for which such authority
is incorporated capable of being delegated by the Legislature of the State of Alabama. The
authority shall have the power to acquire, construct, reconstruct, extend, improve and maintain
and operate any plant, works, system, facilities or...
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11-14-3
Section 11-14-3 Conveyance of waterworks plants and distribution systems to municipal corporations.
Any county in the state of Alabama now owning a waterworks plant and distribution system or
portion thereof is hereby authorized to transfer or convey such plant and system or portion
thereof, without the necessity of authorization at an election of the qualified voters of
such county, to any municipal corporation situated in such county. Any such transfer or conveyance
may be made with or without pecuniary consideration and on such terms and conditions as the
county commission of the county owning such plant and system or portion thereof may determine,
but only after such county commission shall have adopted a resolution authorizing such transfer
or conveyance. It shall not be necessary to obtain any permission or approval from the Alabama
Public Service Commission or other similar regulatory body for such transfer or conveyance.
(Acts 1957, No. 629, p. 946.)...
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