Code of Alabama

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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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11-89-7
Section 11-89-7 Powers of district generally; power of district to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally.
(a) The district 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 perpetuity, subject to the provisions of Section
11-89-17) 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 chapter, 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...
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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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11-89-12
Section 11-89-12 Establishment and revision of rates, fees, and charges for services rendered
by district. Rates, fees, and charges for water service, sewer service, and fire protection
service rendered by the district from any of its water systems, sewer systems or fire protection
facilities shall be so fixed and from time to time revised as at all times to provide funds
at least sufficient to: (1) Pay the cost of operating, maintaining, repairing, replacing,
extending, and improving the systems and facilities or either from which such services are
rendered; (2) Pay the principal of and the interest on all bonds issued and obligations assumed
by the district that are payable out of the revenues derived from operation of those systems
and facilities as the said principal and interest become due and payable; (3) Create and maintain
such reserve for the foregoing purposes or any of them as may be provided in any mortgage
and deed of trust or trust indenture executed by the district under...
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11-88-7
Section 11-88-7 Powers of authority generally; power of authority to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally;
powers of authority organized to construct and operate sewer system. (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 (which may be in perpetuity, subject to the provisions of Section 11-88-18)
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...
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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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11-88-12
Section 11-88-12 Establishment and revision of rates, fees, and charges for services rendered
by authority; applicability of provisions of section to authority organized to construct and
operate sewer system. (a) Rates, fees, and charges for water service, sewer service, and fire
protection service rendered by the authority from any of its water systems, sewer systems,
or fire protection facilities shall be so fixed and from time to time revised as at all times
to provide funds at least sufficient to: (1) Pay the cost of operating, maintaining, repairing,
replacing, extending and improving the systems and facilities, or either, from which such
services are rendered; (2) Pay the principal of and the interest on all bonds issued and obligations
assumed by the authority that are payable out of the revenues derived from operation of those
systems and facilities as the said principal and interest become due and payable; (3) Create
and maintain such reserves for the foregoing purposes or any...
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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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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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