9-9-18
Section 9-9-18 Board of water management commissioners - Auditing of district accounts; annual
report; notice of reports and annual meeting. On or before August 1 of each year, the board
of water management commissioners of any district organized under this article shall have
the accounts of the district audited, and it shall file with the court of probate having jurisdiction
thereof the auditor's report showing the receipts and disbursements of the district for the
preceding calendar year ending June 30 as well as its statement of the character of the work
accomplished during such year and a general statement of the plans and purposes of the board
of water management commissioners for the succeeding year. The commissioners shall give notice
by publication as provided in this article that the auditor's report and the annual report
of the board of water management commissioners is on file with the court and that the board
of water management commissioners will hold its annual meeting in...
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9-9-14
Section 9-9-14 Board of water management commissioners - Composition; qualifications, appointment,
terms of office, oath and bond of commissioners; seal; officers and employees generally; meetings;
vacancies; quorum. Upon the organization of the district, the court of probate shall appoint
three water management commissioners to be designated "Board of Water Management Commissioners,"
who shall have control of the affairs of the district, and each commissioner shall be an owner
of real property within the district and shall be over 19 years of age, and at least one of
them shall be a resident of the county in which the proceedings are held. Whenever the owners
of a majority in acres of the land comprising a district petition the court for appointment
of a person qualified under this article to act as a water management commissioner, it shall
be the duty of the court to appoint such person or persons, but in the absence of such petition
it shall be the duty of the court to appoint such...
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9-9-26
Section 9-9-26 Transmittal of certified copy of water management plan to probate court; petition
for appointment of viewers; composition, etc., of board of viewers; qualifications and appointment
of members. Within 90 days after the adoption of the plan of water management, the secretary
of the board of water management commissioners shall prepare and transmit a certified copy
thereof to the court of probate of the county in which the district is organized, and at the
same time the board of water management commissioners shall file with said court of probate
a petition to appoint viewers to appraise the lands within and without said district to be
acquired for rights-of-way on the works of improvement of the district and to assess benefits
and damages according to all lands in the district and other property by reason of the execution
of the plan of water management. Within 30 days after the filing of such petition, the court
of probate shall by an order appoint a board of viewers...
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9-9-40
Section 9-9-40 Bonds - Remedies and proceedings upon default. (a) If any installment of principal
and interest evidenced by any bonds issued under the provisions of this article shall not
be paid at the time and in the manner when the same shall become due and payable, the same
shall bear interest at the rate of eight percent per annum until paid, and if such default
shall continue for a period of 60 days, the holder or holders of such bond or bonds upon which
default has been made may have a right of action against said water management district wherein
the court may issue a writ of mandamus against the officers of said district, including the
tax collector, directing the levying of a sufficient tax as provided in this article and the
collection of same in such sum as may be necessary to meet any unpaid installments of principal
and interest and costs of suit and such other remedies are hereby vested in the holder or
holders of such bond or bonds in default as may be authorized by...
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9-9-9
Section 9-9-9 Establishment of district - Notice of filing of petition and of hearing. Immediately
upon the filing of the report of the engineer or other plans submitted by petitioner, it shall
be the duty of the court of probate to forthwith give notice thereof by personal service or
by causing publication to be made as hereinafter defined; and, in the event notice is given
by publication, the following form shall suffice: "Notice of Petition for the Organization
of a Water Management District. Notice is hereby given to all persons interested in the following
described lands in _____ County, State of Alabama (here describe the lands as set out in the
preliminary survey or other plans on file with this court) that a petition has been filed
with this court signed by a majority of the persons owning at least one third of the land
or by at least one third of the persons owning more than one half of the aforementioned land,
asking that the aforementioned and described lands be organized...
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9-9-2
Section 9-9-2 Definitions. Whenever used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) NOTICE BY PUBLICATION. Unless otherwise specified, such notice shall consist of publication
once in each of three consecutive weeks (three insertions) in some newspaper having general
circulation in the county or counties wherein the land in the water management district is
located, the last insertion to be made at least 15 days prior to the date fixed for the hearing
of said notice, and it shall not be necessary that the publication shall be made on the same
day in each of the three weeks, but not less than 14 days, excluding the day of the first
publication, shall intervene between the first publication and the last publication. When
a district includes lands in two or more counties, such notice shall be published in each
county, and it will be sufficient to set out only the lands in the county...
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9-9-25
Section 9-9-25 Correction of errors in or amendments to water management plan. The board of
water management commissioners may correct errors in or amend the plan of water management
at any time upon the recommendation or concurrence of competent technicians when it appears
that the purpose for which the district is organized may thereby be more effectively and economically
accomplished; provided, that after assessments of benefits have been confirmed by the court,
no such amendment to plans shall be effective until approved by the court having jurisdiction
of the district after a hearing, for which notice shall be given as in the case of the assessments
of benefits, at which hearing all parties whose property has been assessed for benefits or
may be damaged or taken by reason of such amendment shall have opportunity to be heard. When
any amendment to the plan is approved by the court, the benefits and damages resulting from
such amendment shall be determined at the same hearing. (Acts...
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9-9-13
Section 9-9-13 Establishment of district - Effect of order establishing district. The order
of the court of probate establishing said district shall have all the force of a judgment,
and the court shall forthwith levy a uniform tax of not more than $1.00 per acre upon each
acre of land owned by the landowners within such district to be used for the purpose of defraying
the expenses incurred in establishing said district or to be incurred in organizing said district,
making surveys of the same and assessing benefits and damages and to pay other expenses necessary
to be incurred before the board of commissioners provided for in this article shall be empowered
by the subsequent provisions of this article to provide funds to pay the total cost in connection
with the works of improvement of the district. In case the boundaries of the district shall
be extended under subsequent sections of this article so as to include land and other property
not contained within the district as organized by...
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9-9-47
Section 9-9-47 Construction of improvements crossing railroad right-of-way. After a district
has let a contract for work which crosses or traverses a railway right-of-way and the actual
construction is commenced, the engineer in charge of construction shall notify the railroad
company of the probable time at which the contractor will be ready to enter upon the right-of-way
of said road and construct the work thereon. It shall be the duty of the said railroad to
send a representative to view the ground with the engineer and arrange the exact time at which
such work can be most conveniently done. At the time agreed upon, the said railroad company
shall remove its rails, ties, stringers and such other obstructions as may be necessary to
permit the excavation or construction of the channel or other work of improvement across its
right-of-way. The work shall be so planned and conducted as to interfere in the least possible
manner with the business of the said railroad. In case the railroad...
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9-9-48
Section 9-9-48 Control and supervision of completed improvements; annual tax for repairs and
maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction of
improvements. Whenever any improvement constructed under this article is completed, it shall
be under the control and supervision of the board of water management commissioners. It shall
be the duty of said board to maintain the levees, ditches, drains, watercourses, floodwater
retarding structures and any other improvements in good repair, and for this purpose the board
of water management commissioners may annually levy a tax on the lands benefited by the construction
of such improvement in the same manner as other water management taxes are levied, not to
exceed 10 percent of the assessed benefits in any one year, and the fund that is collected
shall be used for repairing and maintaining the ditches, drains, watercourses, floodwater
retarding structures and other improvements in perfect order;...
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