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11-50-266
Section 11-50-266 Notice to owner of existing gas plant or system in territory of intention
of waterworks board to operate gas plant or system therein, etc. Whenever any such waterworks
board proposes to engage in the business of operating a plant or system for the manufacture
of gas and the distribution thereof or the purchase and distribution of manufactured or natural
gas and, at the time such waterworks board proposes to engage in such business, there is then
in existence within the territory in which it is proposed to furnish manufactured or natural
gas service a plant or distribution system or both or any part or parts thereof furnishing
the service so proposed to be furnished by such waterworks board, then such waterworks board,
as a condition precedent to the exercise of such authority, shall notify the owner of such
plant or system by registered or certified mail of its intention to engage in such business
and of its willingness to acquire on such terms and conditions as may...
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11-50-268
Section 11-50-268 Application to Public Service Commission for determination as to terms of
acquisition; hearing; issuance of order by commission as to terms, conditions, etc., of acquisition.
If acquisition of the property sought to be acquired by the waterworks board is not consummated
under the provisions of Sections 11-50-266 and 11-50-267, the waterworks board before proceeding
to engage in the proposed business shall take such steps as may be provided in this division.
If the waterworks board and the owner fail within 60 days after written notice to the owner
as provided in Section 11-50-266 to consummate the proposed acquisition, either the waterworks
board or the owner may apply to the Public Service Commission within 15 days after the expiration
of such 60 day period for a determination as to what property ought in the public interest
to be included in the purchase and what price ought to be paid, having in view the cost of
the property less a reasonable allowance for...
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11-50-270
Section 11-50-270 Completion of sale pursuant to final determination of commission or court;
effect of failure of seller to tender deed, etc., or of board to accept deed, pay purchase
price, etc. The owner shall have 30 days after a final determination by the Public Service
Commission or the courts to notify the waterworks board of its acceptance of such determination
and shall have a further period of 30 days to tender a good and sufficient deed of conveyance
to the waterworks board of the property required by the order of the commission or the court
to be purchased by placing such deed in escrow with the commission or the court, as the case
may be, and to comply with all other terms and conditions of the order or judgment. The waterworks
board shall have 60 days from the date of the deposit of the deed in escrow to accept or reject
such deed and, if it accepts, the waterworks board shall have a further period of 60 days
to pay to the owner the price determined as provided in this...
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11-50-396
Section 11-50-396 Powers generally. Each district incorporated under this article shall have
each and all of the following powers, together with all powers incidental thereto or necessary
to the discharge thereof in corporate form: (1) To have succession in its corporate name for
the duration of time (which may be in perpetuity) specified in the certificate of incorporation,
or until dissolved as provided in subsection (c) of Section 11-50-392. (2) To sue and be sued
and to defend civil actions against it. (3) To have and use a corporate seal and alter the
same at pleasure. (4) To acquire, purchase, construct, receive, own, operate, maintain, enlarge,
extend, and improve any one or more gas systems the operation of which is provided for in
the certificate of incorporation of the district (whether or not such system or systems were
in existence or whether or not such system or systems were privately owned or municipally
owned prior to the acquisition by such district). (5) To receive,...
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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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11-50-261
Section 11-50-261 Additional powers of boards as to gas plants and systems. Without limiting
the powers provided for in Section 11-50-260, such waterworks board shall have the power to
acquire by purchase, construction, condemnation, or any combination thereof a plant and system
for the manufacture and distribution of gas and/or a system for the purchase and distribution
of manufactured or natural gas and shall also have the power to receive, acquire, take, and
hold, whether by purchase, sale, gift, lease, devise, or otherwise, all such real, personal,
and mixed property of any nature whatsoever as it may deem necessary or convenient for the
purchase, construction, operation, maintenance, enlargement, extension, and improvement of
a gas plant and system for the manufacture of gas and the distribution thereof or the purchase
and distribution of manufactured or natural gas, whether or not the same shall be in existence
and whether or not the same shall be publicly or privately owned, and...
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11-81-160
Section 11-81-160 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BORROWER. A county or incorporated municipality, as the case may be, exercising the powers
conferred by this article. (2) GOVERNING BODY. In the case of a county, the county commission
exercising the legislative functions of the county and, in the case of a municipality, the
board of commissioners, the mayor and council or other similar body exercising the legislative
functions of the municipality. (3) WATERWORKS SYSTEM. Facilities for the gathering, collecting,
impounding, treatment, transmission and distribution, or any of them, of water for domestic
use or for industrial use or both, together with all appurtenances to any such facilities.
(4) SANITARY SEWER SYSTEM. Facilities for the collection, transmission, treatment and disposal
of sewage, together with all appurtenances to any such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-81-160.htm - 2K - Match Info - Similar pages
37-4-60
Section 37-4-60 Notice of intention to engage in business. Whenever any municipal corporation,
county improvement authority, power district, federal or other governmental agency, sometimes
called "agency" in this division, proposes to engage in the business of operating
an electric light plant or distribution system, or of furnishing electric service for industrial,
domestic or other consumption and at the time such agency proposes to engage in such business
there is then in existence within the territory in which it is proposed to furnish such electric
service a plant or distribution system, either or both, or any part or parts thereof, furnishing
the service so proposed to be furnished by such agency, then such agency, as a condition precedent
to the exercise of such authority, shall notify the owner of such plant or system by registered
or certified mail of its intention to engage in such business and of its willingness to acquire
on such terms and conditions as may be agreed upon...
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11-50-260
Section 11-50-260 Authorization generally. Any waterworks board now existing, in the process
of organization or incorporation or hereafter created or incorporated, under the provisions
of Division 1 of this article shall, in addition to the powers, functions, and duties, rights
and privileges now granted to or conferred upon such boards by law, have the same powers,
functions, duties, rights, and privileges with respect to the acquisition and operation and
maintenance of a plant and system for the manufacture and distribution of gas or a system
for the purchase and distribution of manufactured or natural gas, the borrowing of money therefor
and the issuance of revenue bonds to finance the cost of constructing, extending, improving,
or completing such gas plants and systems as such waterworks boards now have or may hereafter
have with respect to waterworks plants and systems. Such board shall have such powers, functions,
duties, rights, and privileges with respect to gas plants and...
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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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