45-30-250.03
Section 45-30-250.03 Amendment to certificate of incorporation. (a) The certificate of incorporation
of the authority incorporated under this article may at any time and from time to time be
amended in the manner provided in this section. (b)(1) The board of directors of the authority
shall first adopt a resolution proposing an amendment to the certificate of incorporation
which shall be set forth in full in the resolution. The amendment may include any of the following:
a. A change in the name of the authority. b. The addition to the service area of the authority
of new territory lying within Franklin County. c. Provisions for the operation of a system
or facility not currently provided for in the certificate of incorporation of the authority
for which the authority is authorized by this article to operate. d. Any matters which could
have been included in the original certificate of incorporation. e. Provisions for the addition
to the service area of the authority of new territory...
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45-30-250.06
Section 45-30-250.06 Additional powers and rights. (a) The authority, in addition to all other
powers now or hereafter granted by law, shall have the following powers and rights: (1) To
borrow money for use for any of its corporate purposes. (2) To sell, transfer, convey, grant
options to purchase, or lease all or any part of its system or systems for consideration and
on terms deemed advisable and in the best interest of the authority. (3) To consent and agree
to the assignment or payment of any income received from the investment of any moneys or funds
of the authority to any other public corporation or public entity, including, without limitation,
the county or the state. (4) To loan or advance its funds to any person with or without interest
as it shall determine, for the purpose of financing the construction of a system or any part
thereof. (5) To contract with others for the construction of all or any part of a system or
systems. (b) The moneys held in any special fund...
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45-36-252.05
Section 45-36-252.05 Additional powers and rights. (a) The authority organized or operating
pursuant to this part, in addition to all other powers now or hereafter granted by law, shall
have the following powers and rights: (1) To borrow money for use for any of its corporate
purposes. (2) To sell, transfer, convey, grant options to purchase, or lease all or any part
of its system or systems for such consideration and on such terms as it shall deem advisable
and in the best interest of the authority. (3) To consent and agree to the assignment or payment
of any income received from the investment of any moneys or funds of the authority to any
other public corporation or public entity, including, without limitation, the county, of the
State of Alabama. (4) To loan or advance its funds to any person, at such, if any, interest
as it shall determine, for the purpose of financing the construction of a system or any part
thereof. (5) To contract with others for the construction of all or any...
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45-38-141.16
Section 45-38-141.16 Notice requirements, etc.; regulatory control and supervision. (a) Except
as expressly otherwise provided in this part, no proceeding, notice, or approval shall be
required for the incorporation of the authority or the amendment of its certificate of incorporation,
the acquisition of any property, water system, or fire protection facility, or the issuance
of any mortgage and deed of trust or trust indenture. (b) The authority, every water system
or fire protection facility owned by the authority or leased or subleased to a 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 Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-472, p....
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45-47-250.06
Section 45-47-250.06 Additional powers and rights. (a) The authority organized or operating
pursuant to this article, in addition to all other powers now or hereafter granted by law,
shall have the following powers and rights: (1) To borrow money for use for any of its corporate
purposes. (2) To sell, transfer, convey, grant options to purchase, or lease all or any part
of its system or systems for such consideration and on such terms as it shall deem advisable
and in the best interest of the authority. (3) To consent and agree to the assignment or payment
of any income received from the investment of any moneys or funds of the authority to any
other public corporation or public entity including, without limitation, the county or the
State of Alabama. (4) To loan or advance its funds to any person at such, if any, interest
as the authority shall determine, for the purpose of financing the construction of a system,
or any part thereof. (5) To contract with others for the construction of...
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45-49A-64.07
Section 45-49A-64.07 Powers of authority. 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 (which may be perpetual,
subject to Section 45-49A-64.19) specified in its certificate of incorporation. (2) To sue
and be sued in its own name in civil suits and actions and to defend suits 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 or municipalities
and whether located within or outside the authorizing municipality. (6) To make, enter into,
and execute such contracts, agreements, leases, and other...
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11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under this
chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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40-21-100
Section 40-21-100 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) BUSINESS. All activities relating
to the furnishing of utility services. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) DOMESTIC WATER. All water except water that is sold to persons for use or
consumption in industrial processes and not primarily for human consumption. (4) GROSS RECEIPTS.
The value proceeding or accruing from the furnishing of utility services, all receipts actual
and accrued, without any deduction on account of the cost of the utility services sold, the
cost of the materials used, labor or service cost, interest paid, or any other expense whatever,
and without any deductions on account of losses. (5) GROSS SALES. The value proceeding or
accruing from the furnishing of utility services, and including the proceeds from the sale
of any utility services handled on consignment by the taxpayer,...
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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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