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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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11-89-12
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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11-89-13
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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11-88-12
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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11-88-3
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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11-89-32
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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11-89-10
Section 11-89-10 Bonds of district - 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 chapter 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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11-89-1
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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11-89-4
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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