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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9-9-25
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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9-9-31
Section 9-9-31 Tax levy to defray expenses of proposed works and improvements generally; water
management tax record; additional taxes. (a) After the list of lands and other property with
the assessed benefits and the decree and judgment of the court have been filed as provided
in Section 9-9-29, the board of water management commissioners shall without unnecessary delay
levy a tax of such portion of said benefit on all lands and other property in the district
to which benefits have been assessed as may be found necessary by the board of water management
commissioners to defray the costs and expenses of the proposed works and improvements as incorporated
in the plan of water management, plus 10 percent of said total amount for emergencies. The
said tax shall be apportioned to and levied on each tract of land or other property in said
district in proportion to the benefits assessed and not in excess of 90 percent thereof; and,
in case bonds are issued as provided in this article, then...
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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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9-9-22
Section 9-9-22 Right of commissioners, etc., to enter lands to make surveys, etc.; liability
for damages; obstruction of entrance. The board of water management commissioners of any district
organized under this article or its employees or agents or cooperating state and federal agencies,
including contractors and their employees, and the engineer and members of the board of viewers
and their assistants may enter upon the lands within or without the district in order to make
surveys and examinations to accomplish the necessary preliminary purposes of the district
or to have access to the work, being liable, however, for actual damage done. Any person or
corporation preventing such entrance shall be guilty of a misdemeanor. (Acts 1965, No. 685,
p. 1246, §15.)...
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9-9-32
Section 9-9-32 Levy of annual installment of tax; form of certificate and order directing collection
of tax; preparation of tax record; proceedings as to delinquencies. (a) The said board of
water management commissioners shall each year thereafter determine, order and levy the amount
of the annual installment of the total taxes under Section 9-9-31, which shall become due
and be collected during said year at the same time that state and county taxes are due and
collected and which shall be evidenced and certified by the said board as provided in this
section. Prior to the first Monday in October of each year, one copy of the water management
tax book shall be delivered to the tax collector of each county in which benefited lands and
other benefited property of said district are situated after the judge of the court of probate
of the county in which the district was organized has affixed his signature to the certificate
and order directing the collection of said tax, and said tax shall...
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9-9-41
Section 9-9-41 Bonds of district employees, etc. Bonds in behalf of the district for the safekeeping
of funds and faithful performance of their respective duties and obligations shall be given
by each of the commissioners, the engineer, if any, the attorney, the secretary, the treasurer
and all other persons who may handle funds of the district and by such persons, firms or corporations
having contracts with the district as the commissioners may require. The amount of the bonds
and the sureties of the commissioners shall be subject to the approval of the court of probate.
The amount of bonds and the sureties of the treasurer, the attorney, the secretary, the engineer,
if any, and the contractors shall be subject to the approval of the board of water management
commissioners. All bonds of district officials shall be placed with the court of probate and
the bonds of contractors with the secretary of the district. The amount of the bonds of any
person who handles district funds or of a...
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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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9-9-47
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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9-9-11
Section 9-9-11 Establishment of district - Filing of objections to organization of district;
hearing and proceedings upon petition and objections; issuance of order declaring organization
of district; dismissal of petition and issuance of itemized bill of costs and expenses. (a)
Any owner of real property affected by said proposed district who wishes to object to the
organization and incorporation of said district shall, on or before 12:00 noon of the day
set for the causes to be heard, file his objection in writing stating why such district should
not be organized and incorporated. On the day appointed for the hearing, the court shall hear
and determine in a summary manner any objection that may be offered to the sufficiency of
the petition or to the report of the engineer or plan submitted by petitioners. If it appears
that there is any land within the proposed district that is not in the watershed, if the proposed
plan includes purposes other than drainage or is not in the benefited...
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