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11-89-19
Section 11-89-19 Provisions of chapter as to incorporation of district, acquisition of property,
issuance of bonds, etc., exclusive; jurisdiction over and regulation of district, etc., by
State Board of Health, Public Service Commission, etc. Except as expressly otherwise provided
in this chapter, no proceeding, notice, or approval shall be required for the incorporation
of any district or the amendment of its certificate of incorporation, the acquisition of any
property, water system, sewer system, or fire protection facility or the issuance of any bonds,
mortgage and deed of trust or trust indenture; provided, however, that nothing contained in
this section shall be construed to exempt any district from the jurisdiction of the State
Board of Health. The district, every water system, sewer system, or fire protection facility
of the district and the rates and charges thereof shall be exempt from all jurisdiction of
and all regulation and supervision by the Public Service Commission and...
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11-89-3
Section 11-89-3 Filing of application for incorporation of district; adoption of resolutions
approving or denying application, etc., by governing bodies. (a) In order to incorporate a
district under this chapter, any number of natural persons, not less than three, shall first
file an identical written application with the governing body of each county and municipality
located in whole or in part within the boundaries of the area or areas to be served by the
proposed district, or, if the district is to be a supply district, with the governing body
of each county, municipality, and public corporation to be served by the proposed district.
Such application shall contain: (1) A statement that the district proposes to render water
service, sewer service, and fire protection service or any one or more thereof; (2)(i) A concise
legal description of the area or areas in which the district proposes to render water service,
sewer service, and fire protection service or any thereof, a designation...
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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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45-47-250.09
Section 45-47-250.09 Planning, development, operation, etc., of services and facilitates. For
the purpose of securing water service and fire protection facilities or aiding or cooperating
with the authority in the planning, development, undertaking, construction, extension, improvement,
operation, or protection of water systems and fire protection facilities, any county, municipality,
or other political subdivision, public corporation, agency, or instrumentality of this state,
upon such terms and with or without consideration, may 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 system or fire protection facility, any interest in any thereof and any franchise.
(3) Do any and all things, whether or not...
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11-89-32
Section 11-89-32 Procedure to form special corporation. (a) In order to provide for operation
and financing of one or more, but not all, of its authorized services under Chapter 89, Title
11, by following the procedures set out in this article, any district may establish a separate
public corporation and grant to it the power to finance and operate any, but not all, of the
authorized services of the district. If any district may, by its certificate of incorporation,
provide more than one of fire protection service, sewer service, or water service in its service
area, it may provide that any one or more of the services, but not all of them, may be operated
and financed through a special corporation organized pursuant to this article. The procedure
to organize a special corporation is as follows: The board shall adopt a resolution specifying
that it is necessary or expedient that a special corporation be organized pursuant to this
article to operate and finance one or more, but not all,...
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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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45-36-252
Section 45-36-252 Definitions. When used in this part, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise.
(1) AUTHORITY. The Jackson County Water Authority, a public corporation organized pursuant
to this part. (2) BOARD. The Board of Directors of the Jackson County Water Authority. (3)
BONDS. Bonds, notes, and certificates representing an obligation to pay money. (4) COUNTY.
Jackson County. (5) DIRECTOR. A member of the Board of Directors of the Jackson County Water
Authority. (6) GARBAGE PICK UP AND DISPOSAL. All services involved in the pick up and disposal
of garbage from residents, businesses, and factories. (7) INCORPORATORS. The persons forming
a public corporation organized pursuant to this part. (8) MUNICIPALITY. An incorporated city
or town of Jackson County. (9) NEW TERRITORY. Any territory added, by amendment to the certificate
of incorporation of an authority, to the area or areas in which that...
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45-25-250.08
Section 45-25-250.08 Planning, development, operation, etc., of water, sewer, or garbage systems.
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 this...
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45-25-250
Section 45-25-250 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise.
(1) AUTHORITY. The DeKalb County Water Authority, a public corporation organized pursuant
to this article. (2) BOARD. The Board of Directors of the DeKalb County Water Authority. (3)
BONDS. Bonds, notes, and certificates representing an obligation to pay money. (4) COUNTY.
DeKalb County. (5) DIRECTOR. A member of the Board of Directors of the DeKalb County Water
Authority. (6) GARBAGE PICK-UP AND DISPOSAL. All services involved in the pick-up and disposal
of garbage from residents, businesses, and factories. (7) SEWER SERVICE. The construction,
operation, and maintenance of sewer disposal facilities and lines in areas of the county not
served by any other public sewer facility. (8) INCORPORATORS. The persons forming a public
corporation organized pursuant to this article. (9) MUNICIPALITY. An...
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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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