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11-88-134
Section 11-88-134 Acquisition, etc., of water system of water and fire protection authority
by city board of water and sewer commissioners - Sanitary sewer service system plan; time
frame. In the event that the board of water and sewer commissioners of any city ("commissioners")
should acquire, operate or control by virtue of assignment, conveyance, court order, operation
of law or otherwise the water system of a water and fire protection authority ("authority"),
then the commissioners shall conduct a study and adopt a plan within one year from the date
that the commissioners shall first acquire, operate or control the authority's water system
providing for the construction of a sanitary sewer service system throughout the authority's
territory. The said plan shall be implemented and the improvements contemplated thereby constructed
by the commissioners within five years from the date that the commissioners receive all necessary
approvals (whether regulatory or judicial) and permits...
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11-88-13
Section 11-88-13 Loans, sales, grants, etc., of money, property, etc., to authority 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 authority 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 or perform services for the benefit of the authority; (2) Donate, sell, convey, transfer,
lease or grant to the authority, without the necessity of authorization at any election of
qualified voters, any property of any kind, including, but without limitation, any water system,
sewer system, or fire protection facility, any interest in...
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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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11-88-132
Section 11-88-132 Acquisition, etc., of water system of water and fire protection authority
by city board of water and sewer commissioners - Conveyance of funds in trust for authority's
fire protection system; governing board of authority as trustees; trustees' powers and liabilities.
(a) In the event that the board of water and sewer commissioners of any city ("commissioners")
should acquire, operate, or control by virtue of assignment, conveyance, court order, operation
of law, or otherwise the water system of a water and fire protection authority ("authority"),
then the commissioners shall thereupon convey to the authority the principal sum of $2,000,000
in irrevocable trust for the support and maintenance of the authority's fire protection system.
(b) The trustees of the trust so established shall be the members of the governing board of
the authority, as it may be comprised from time to time, who shall have all powers necessary
to effect the support and maintenance of the...
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11-88-3
Section 11-88-3 Filing of application for incorporation of authority; adoption of resolution
approving or denying application by county governing body. (a) In order to incorporate an
authority under this chapter, any number of natural persons, not less than three, shall first
file a written application with the governing body of that county in which the area or areas
to be served by the proposed authority is located. Such application shall contain: (1) A statement
that the authority proposes to render water service, sewer service, and fire protection service,
or any one or more thereof; (2) A concise legal description of the area or areas in which
the authority proposes to render water service, sewer service, and fire protection service,
or any thereof; (3) A statement that there is no public water system adequate to serve any
area in which it is proposed that the authority will render water service, that there is no
public sewer system adequate to serve any area in which it is...
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11-88-133
Section 11-88-133 Acquisition, etc., of water system of water and fire protection authority
by city board of water and sewer commissioners - Deposit of funds in escrow account for construction
of water service improvements; escrow agent; funding and utilization of account; time frame;
written plan. In the event that the board of water and sewer commissioners of any city ("commissioners")
should acquire, operate, or control by virtue of assignment, conveyance, court order, operation
of law, or otherwise the water system of a water and fire protection authority ("authority"),
then the commissioners shall deposit, in the manner set forth below, the aggregate sum of
$8,000,000 into an escrow account to be used for the purpose of constructing improvements
which shall supply water service throughout the authority's territory in those areas which
do not otherwise have such service. The escrow agent shall be any national banking association
with offices located in the city which shall be...
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11-89-33
Section 11-89-33 Clarification of powers. (a) In addition to the powers granted to the special
corporation, it is provided that if the special corporation is to operate a sewer system to
provide for the collection, transportation, treatment, storage, or disposal of solid wastes,
such a system may include, in addition to the facilities set out in the definition of "sewer
system" in Section 11-89-1, barges, boats, towboats, transfer facilities, and such licenses,
grants, agreements, contracts, and franchises as may be necessary or desirable for the conduct
of the system. Also, the special corporation may contract with any municipality located in
whole or in part in any county in which any part of the service area of the special corporation
lies, for the collection, transfer, transportation, treatment, storage, or disposal by the
special corporation of solid wastes within the municipality. (b) The certificate of incorporation
may incorporate by reference and grant to the special...
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11-88-10
Section 11-88-10 Bonds of authority - Statutory mortgage lien to secure payment of principal
and interest. Any resolution of the board or trust indenture under which bonds may be issued
pursuant to the provisions of this article may contain provisions creating a statutory mortgage
lien, in favor of the holders of such bonds and of the interest coupons applicable thereto,
on the water systems, sewer systems and fire protection facilities or any thereof (including
any after-acquired property) out of the revenues from which such bonds are made payable. The
said resolution of the board or the said trust indenture may provide for the filing for record
in the office of the judge of probate of each county in which any part of such water systems,
sewer systems and fire protection facilities or any thereof may be located of a notice containing
a brief description of such systems and facilities or either, a brief description of such
bonds and a declaration that said statutory mortgage lien has...
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11-89-10
Section 11-89-10 Bonds of district - Statutory mortgage lien to secure payment of principal
and interest. Any resolution of the board or trust indenture under which bonds may be issued
pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage
lien, in favor of the holders of such bonds and of the interest coupons applicable thereto,
on the water systems, sewer systems, and fire protection facilities or any thereof (including
any after-acquired property) out of the revenues from which such bonds are made payable. The
said resolution of the board or the said trust indenture may provide for the filing for record
in the office of the judge of probate of each county in which any part of such water systems,
sewer systems, and fire protection facilities or any thereof may be located of a notice containing
a brief description of such systems and facilities or either, a brief description of such
bonds and a declaration that said statutory mortgage lien has...
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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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