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11-88-21
Section 11-88-21 When proceedings, notice, etc., for incorporation of authority, acquisition
of property, issuance of bonds, etc., required; exemption of authority, etc., from jurisdiction
and regulation of Public Service Commission, etc. Except as expressly otherwise provided in
this article or Article 2 of this chapter no proceeding, notice, or approval shall be required
for the incorporation of any authority 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. The authority,
every water system, sewer system, or fire protection facility owned by the authority or leased
or subleased to a determining county and the rates and charges thereof shall be exempt from
all jurisdiction of and all regulation and supervision by the Alabama Public Service Commission
and neither a public hearing nor the consent of the State...
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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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45-29-140
Section 45-29-140 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 Fayette County Water Coordinating and Fire Prevention Authority, a public
corporation organized pursuant to this article. (2) BOARD. The Board of Directors of the Fayette
County Water Coordinating and Fire Prevention Authority. (4) CONCISE LEGAL DESCRIPTION. A
reasonably concise description of a particular geographic area which may be by metes and bounds
or by reference to government surveys, recorded maps and plats, municipal, county, or state
boundary lines, well defined landmarks, and other monuments, or any combination of the foregoing.
(5) COUNTY. Fayette County. (3) BONDS. Bonds, notes, and certificates representing an obligation
to pay money. (6) DIRECTOR. A member of the Board of Directors of the Fayette County Water
Coordinating and Fire Prevention Authority. (7) FIRE...
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45-38-141
Section 45-38-141 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 Lamar County Water Coordinating and Fire Prevention Authority, a public
corporation organized pursuant to this part. (2) BOARD. The Board of Directors of the Lamar
County Water Coordinating and Fire Prevention Authority. (3) BONDS. Bonds, notes, and certificates
representing an obligation to pay money. (4) CONCISE LEGAL DESCRIPTION. A reasonably concise
description of a particular geographic area which may be by metes and bounds or by reference
to government surveys, recorded maps and plats, municipal, county, or state boundary lines,
well-defined landmarks and other monuments, or any combination of the foregoing. (5) COUNTY.
Lamar County. (6) DIRECTOR. A member of the Board of Directors of the Lamar County Water Coordinating
and Fire Prevention Authority. (7) FIRE PROTECTION SERVICE....
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11-88-4
Section 11-88-4 Filing of certificate of incorporation, copy of resolution of county governing
body, etc., with probate judge; contents and execution of certificate of incorporation; entry
of order by probate judge requiring recordation of certificate of incorporation, etc.; notification
of Secretary of State of recordation of certificate of incorporation. (a) Within 40 days following
the adoption of a resolution in accordance with Section 11-88-3, the applicants, or not less
than three of the applicants, shall proceed to incorporate an authority by filing for record
in the office of the judge of probate of the determining 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. (b) The certificate of
incorporation of the authority shall state: (1) The names of the persons forming the authority,
together with the residence of each, and that...
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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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11-89-1
Section 11-89-1 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. A natural person who files a written application with the governing body of
any county or municipality or public corporation or cooperative in accordance with the provisions
of Section 11-89-3. (2) AUTHORIZING RESOLUTION. A resolution, adopted by a governing body
in accordance with the provisions of Section 11-89-3, that authorizes the incorporation of
a district. (3) AUTHORIZING SUBDIVISION. Any county or municipality or public corporation
or cooperative the governing body of which shall have adopted an authorizing resolution. (4)
BOARD. The board of directors of a district. (5) BONDS. Bonds, notes and certificates representing
an obligation to pay money. (6) CONCISE LEGAL DESCRIPTION. A reasonably concise description
of a particular geographic area which may be by metes and bounds or by...
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45-47-250
Section 45-47-250 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 Marion County Public Water Authority, a public corporation organized pursuant
to this article. (2) BOARD. The Board of Directors of the Marion County Public Water Authority.
(3) BONDS. Bonds, notes, and certificates representing an obligation to pay money. (4) CONCISE
LEGAL DESCRIPTION. A reasonably concise description of a particular geographic area which
may be by metes and bounds or by reference to government surveys, recorded maps and plats,
municipal, county, or state boundary lines, well-defined landmarks and other monuments, or
any combination of the foregoing. (5) COUNTY. Marion County. (6) DIRECTOR. A member of the
Board of Directors of the Marion County Public Water Authority. (7) FIRE PROTECTION SERVICE.
All services involved in protecting property and life from fires...
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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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11-48-16
Section 11-48-16 Manner of assessment of costs of improvements generally - Sewers, swamp drainage,
seawalls, levees, etc. (a) When the improvement consists of a sanitary or storm water sewer
or sewers or a sanitary or storm water sewer system, including sewage treatment or sewage
disposal plants, the cost of any part thereof may be assessed in fair proportion against the
frontage of the property drained by said sewer system or against all the lots or parcels of
land lying within the district drained, served, or benefited, but the assessment shall not
exceed the increased value of such property by reason of the special benefits derived from
the improvement. (b) When the improvement consists of the draining of swamps or the elevating,
filling, reclamation, or draining of submerged, inundated, or overflowed land, then the council
shall have the power and authority, after the completion and acceptance of such improvement,
to assess the cost thereof or any part thereof upon or against the...
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