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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45-29-140.03
Section 45-29-140.03 Amendment of 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 and which amendment may include: a. A change
in the name of the authority. b. The addition to the service area of the authority of new
territory lying within Fayette County. c. Provisions for the operation of a system or facility
the operation of which is not then provided for in the certificate of incorporation of the
authority and which the authority is authorized by this article to operate. d. Any matters
which might 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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45-38-141.03
Section 45-38-141.03 Amendment of certificate of incorporation. (a) The certificate of incorporation
of the authority incorporated under this part 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 and which amendment may include any or all 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 Lamar County. c. Provisions for the operation
of a system or facility the operation of which is not then provided for in the certificate
of incorporation of the authority and which the authority is authorized by this part to operate.
d. Any matters which might have been included in the original certificate of incorporation.
e. Provisions for the addition to the service area of the...
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45-47-250.03
Section 45-47-250.03 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 and which amendment may include: a. A change
in the name of the authority. b. The addition to the service area of the authority of new
territory lying within Marion County. c. Provisions for the operation of a system or facility
the operation of which is not then provided for in the certificate of incorporation of the
authority and which the authority is authorized by this article to operate. d. Any matters
which might have been included in the original certificate of incorporation. e. Provisions
for the addition to the service area of the authority of new...
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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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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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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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45-25-250.04
Section 45-25-250.04 Powers of authority. (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 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 to hold property of every description,
real, personal, or mixed, whether located in one or more counties and whether located within
or outside the service area. (6) To make, enter into, and execute such contracts, agreements,
leases, and other instruments and to take such other actions...
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9-10B-3
Section 9-10B-3 Definitions. For the purposes of this chapter, the following words and phrases,
unless a different meaning is plainly required by the context, shall have the following meanings:
(1) AREA OF THE STATE. Any municipality or county, including portions thereof, or other geographical
area of the state as may be designated by the commission pursuant to this chapter. (2) BENEFICIAL
USE. The diversion, withdrawal, or consumption of the waters of the state in such quantity
as is necessary for economic and efficient utilization consistent with the interests of this
state. (3) CAPACITY STRESS AREA. An area of the state designated by the commission pursuant
to this chapter where the commission determines that the use of the waters of the state, whether
ground water, surface water, or both, requires coordination, management, and regulation for
the protection of the interests and rights of the people of the state. (4) CERTIFICATE OF
USE. A certificate which shall be issued by the...
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45-30-250.05
Section 45-30-250.05 Powers of authority. (a) The authority shall have the following corporate
powers, and all incidental or necessary powers thereto, either separately or in combination
with any other system, service, or facility referred to in this section: (1) To have succession
by its corporate name for the duration of time 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
act, 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, or 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 and whether located within or outside the service area. (6)
To make, enter into, and execute contracts, agreements,...
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