45-29-140.05
Section 45-29-140.05 Powers of authority; rates and charges. (a) The authority 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 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...
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45-30-250.18
Section 45-30-250.18 Transfer of assets and liabilities upon dissolution of predecessor entitites.
Upon approval of this article by the Governor and the filing of the certificate of incorporation
by the authority, the Franklin County Water Coordinating and Fire Prevention Authority created
pursuant to Amendment 518 to the Constitution of Alabama of 1901, and Act 88-914, 1988 1st
Sp. Sess. (Acts 1982, p. 492) and the Franklin County Water and Fire Protection Authority,
incorporated pursuant to Title 11, shall be dissolved. Also, at that time the assets and liabilities,
including, but not limited to, outstanding bonded indebtedness, of the Franklin County Water
Coordinating and Fire Prevention Authority and the Franklin County Water and Fire Protection
Authority shall automatically be transferred to the Franklin County Water Service Authority
created by this article. (Act 93-376, p. 638, §19.)...
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45-36-252.08
Section 45-36-252.08 Planning, development, operation, etc., of water, sewer, or garbage system.
For the purpose of securing water, sewer, or garbage service or aiding or cooperating with
the authority in the planning, development, undertaking, construction, extension, improvement,
operation, or protection of water, sewer, or garbage systems, 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) Appropriate,
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, sewer, or garbage system, any interest in any thereof and any franchise. (3) Do
any and all things, whether or not specifically authorized in...
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45-38-141.05
Section 45-38-141.05 Powers of authority; rates and charges. (a) The authority 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 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 part, 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-38-141.05.htm - 9K - Match Info - Similar pages

45-47-250.05
Section 45-47-250.05 Powers of authority. (a) The authority 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 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...
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45-25-250.10
Section 45-25-250.10 Governmental functions; liability of authority. The furnishing of sewer
and garbage service in conjunction with the water services by the authority as well as the
furnishing of water services are declared to be a governmental function. The authority shall
not be liable for any tort, whether negligent or wilful, committed by any director, agent,
servant, or employee of the authority in the furnishing of water service or in the construction,
maintenance, or operation of any water or sewer or garbage facilities. (Act 89-426, p. 893,
§11.)...
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45-36-252.10
Section 45-36-252.10 Governmental functions; liability of authority. (a) The furnishing of
sewer and garbage service in conjunction with the water services by the authority as well
as the furnishing of water services are hereby declared to be a governmental function. (b)
The authority shall not be liable for any tort, whether negligent or willful, committed by
any director, agent, servant, or employee of the authority in the furnishing of water service
or in the construction, maintenance, or operation of any water or sewer or garbage facilities.
(Act 89-265, p. 389, §11.)...
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9-9-48
Section 9-9-48 Control and supervision of completed improvements; annual tax for repairs and
maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction of
improvements. Whenever any improvement constructed under this article is completed, it shall
be under the control and supervision of the board of water management commissioners. It shall
be the duty of said board to maintain the levees, ditches, drains, watercourses, floodwater
retarding structures and any other improvements in good repair, and for this purpose the board
of water management commissioners may annually levy a tax on the lands benefited by the construction
of such improvement in the same manner as other water management taxes are levied, not to
exceed 10 percent of the assessed benefits in any one year, and the fund that is collected
shall be used for repairing and maintaining the ditches, drains, watercourses, floodwater
retarding structures and other improvements in perfect order;...
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45-29-140.02
Section 45-29-140.02 Incorporation of authority. (a) Within 45 days after July 13, 1990, three
applicants shall be appointed to proceed to incorporate the Fayette County Water Coordinating
and Fire Prevention Authority by filing for record in the office of the judge of probate of
the county a certificate of incorporation which shall comply in form and substance with the
requirements of this section and which shall be in the form and executed in the manner provided
in this section. The applicants shall be appointed as follows: One applicant shall be appointed
by the state senator who represents the senatorial district in which Fayette County is located;
one applicant shall be appointed by the members of the House of Representatives representing
Fayette County; and one applicant shall be appointed by the Fayette County Commission. (b)
The certificate of incorporation of the authority shall state all of the following: (1) The
names of the persons forming the authority, together with the...
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45-38-141.02
Section 45-38-141.02 Incorporation of authority. (a) Within 45 days after May 4, 1989, or the
passage and approval of a constitutional amendment authorizing the creation of the authority,
three applicants shall be appointed to proceed to incorporate the Lamar County Water Coordinating
and Fire Prevention Authority by filing for record in the office of the judge of probate of
the county a certificate of incorporation which shall comply in form and substance with the
requirements of this section and which shall be in the form and executed in the manner provided
in this section. The applicants shall be appointed as follows: One applicant shall be appointed
by the state senator who represents the senatorial district in which Lamar County is located;
one applicant shall be appointed by the members of the House of Representatives representing
Lamar County; and one applicant shall be appointed by the Lamar County Commission. (b) The
certificate of incorporation of the authority shall state...
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