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11-89-4
Section 11-89-4 Filing of certificate of incorporation, copies of resolutions of governing
bodies, etc., with probate judge; contents and execution of certificate of incorporation;
notification of Secretary of State of recordation of certificate of incorporation by probate
judge. (a) Within 40 days following the adoption of an authorizing resolution or, in the event
an application was filed with more than one governing body within 40 days following the adoption
of an authorizing resolution by that governing body that was the last to adopt an authorizing
resolution, but if and only if each other governing body with whom such application was filed
has theretofore adopted an authorizing resolution, the applicants shall proceed to incorporate
a district by filing for record in the office of the judge of probate of the county in which
the principal office of the district is to be located, as specified in the certificate of
incorporation provided for in this section, a certificate of...
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11-88-1
Section 11-88-1 Definitions. When used in this article, 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 in accordance with the provisions of Section 11-88-3. (2) AUTHORITY. A public corporation
organized pursuant to the provisions of this article. (3) BOARD. The board of directors of
an authority. (4) BONDS. Bonds, notes, and certificates representing an obligation to pay
money. (5) 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. (6) COUNTY. Any county in the state. (7) DETERMINING
COUNTY. Any county the governing body of which shall have made...
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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the agency
shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in its corporate
name. b. May sue and be sued in its corporate name. c. May adopt, use and alter a corporate
seal, which shall be judicially noticed. d. May enter into such contracts and cooperative
agreements with the federal, state and local governments, with agencies of such governments,
with private individuals, corporations, associations, trusts and other organizations as the
board may deem necessary or convenient to enable it to carry out the purposes of this chapter,
including the planned, orderly residential development of the area. e. May adopt, amend and
repeal bylaws. f. May appoint such managers, officers, employees, attorneys and agents as
the board deems necessary for the transaction of its business, fix their compensation, define
their duties, require bonds of such of them as the board may...
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11-88-134
Section 11-88-134 Acquisition, etc., of water system of water and fire protection authority
by city board of water and sewer commissioners - Sanitary sewer service system plan; time
frame. In the event that the board of water and sewer commissioners of any city ("commissioners")
should acquire, operate or control by virtue of assignment, conveyance, court order, operation
of law or otherwise the water system of a water and fire protection authority ("authority"),
then the commissioners shall conduct a study and adopt a plan within one year from the date
that the commissioners shall first acquire, operate or control the authority's water system
providing for the construction of a sanitary sewer service system throughout the authority's
territory. The said plan shall be implemented and the improvements contemplated thereby constructed
by the commissioners within five years from the date that the commissioners receive all necessary
approvals (whether regulatory or judicial) and permits...
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11-88-133
Section 11-88-133 Acquisition, etc., of water system of water and fire protection authority
by city board of water and sewer commissioners - Deposit of funds in escrow account for construction
of water service improvements; escrow agent; funding and utilization of account; time frame;
written plan. In the event that the board of water and sewer commissioners of any city ("commissioners")
should acquire, operate, or control by virtue of assignment, conveyance, court order, operation
of law, or otherwise the water system of a water and fire protection authority ("authority"),
then the commissioners shall deposit, in the manner set forth below, the aggregate sum of
$8,000,000 into an escrow account to be used for the purpose of constructing improvements
which shall supply water service throughout the authority's territory in those areas which
do not otherwise have such service. The escrow agent shall be any national banking association
with offices located in the city which shall be...
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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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11-88-3
Section 11-88-3 Filing of application for incorporation of authority; adoption of resolution
approving or denying application by county governing body. (a) In order to incorporate an
authority under this chapter, any number of natural persons, not less than three, shall first
file a written application with the governing body of that county in which the area or areas
to be served by the proposed authority is located. Such application shall contain: (1) A statement
that the authority proposes to render water service, sewer service, and fire protection service,
or any one or more thereof; (2) A concise legal description of the area or areas in which
the authority proposes to render water service, sewer service, and fire protection service,
or any thereof; (3) A statement that there is no public water system adequate to serve any
area in which it is proposed that the authority will render water service, that there is no
public sewer system adequate to serve any area in which it is...
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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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11-89-9
Section 11-89-9 Bonds of district - Contracts to secure payment of principal and interest.
As security for payment of the principal of and the interest on bonds issued or obligations
assumed by it, the district 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 chapter 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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45-29-140.08
Section 45-29-140.08 Rates, fees, and charges. Rates, fees, and charges for water service and
fire protection service rendered by the authority from any of its water 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 do all of the following: (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 and
obligations assumed by the authority that are payable out of the revenues derived from operation
of those systems and facilities together with revenues from any tax sources and fees as the
principal and interest become due and payable. (3) Create and maintain such reserves 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 authority under this article or in...
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