9-9-72
Section 9-9-72 Counties declared drainage districts; county commission to act as and exercise
powers of drainage or water management commissioners. For the purpose heretofore expressed
and the execution of the powers provided in this article, each county of the state is hereby
declared to be and is hereby created a drainage district. The county commission with the judge
of probate as chairman shall act as and exercise the powers of a board of drainage commissioners,
or board of water management commissioners, and shall have control of the affairs of the district.
This shall in no way affect drainage districts or water management districts organized under
Title 2, Sections 208 through 262 of the 1940 Alabama Code or water management districts organized
under Sections 9-9-1 through 9-9-58. (Acts 1936, Ex. Sess., No. 127, p. 83, §4; Code 1940,
T. 2, §265.)...
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9-9-12
Section 9-9-12 Establishment of district - Appeal as to inclusion in or exclusion from district
of property. If the court finds that any property set out in the report of the engineer or
other plans submitted by petitioners should not be incorporated in the district, the board
of commissioners or any owner of realty in the district may, within 20 days after the refusal
of the court of probate to include said property in the district, appeal from the order of
the court to the circuit court upon giving bond in a sum to be fixed by the court, conditioned
for the payment of costs if the appeal should be decided against said appellant. Any person
owning lands within the district that, in his opinion, should not be included in the district
may, within 20 days, appeal from the decision of the court to the circuit court by filing
an appeal accompanied by a bond approved by the court, conditioned for the payment of the
cost if the appeal should be decided against him. (Acts 1965, No. 685, p....
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9-9-55
Section 9-9-55 Correction of errors in court proceedings, etc. The board of water management
commissioners may petition the court; and, upon a proper showing, the court shall correct
errors or omissions that may have occurred in any proceedings or decrees in relation to any
district organized under this article; provided, that notice by publication as provided in
this article shall be given to any person whose lands are affected by such proposed correction
and that no other person or property shall be affected by such proceeding. (Acts 1965, No.
685, p. 1246, §43.)...
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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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9-9-28
Section 9-9-28 Notice of hearing on report of board of viewers. When the report of the board
of viewers is fully completed in accordance with the provisions of this article and filed,
the court of probate shall forthwith set a date for hearing said report, not less than 30
days thereafter, and shall give notice thereof by causing publication to be made as hereinafter
defined, and the following form shall suffice: "Notice of Filing of Viewers' Report and
Hearing Thereon for ___ Water Management District. Notice is hereby given to all persons interested
in the following described land and property in _____ County (or Counties), Alabama; (here
describe land and property) included within and without _____ water management district, that
the board of viewers heretofore appointed to assess benefits and damages to the property and
lands situated within and without said water management districts and to appraise the cash
value of the land necessary to be taken for rights-of-way for the...
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9-9-33
Section 9-9-33 Collection of taxes on property divided, sold or transferred. When any property
in a water management district has been divided, sold or transferred, the tax collector may
receive taxes levied under this article on a part of any tract, piece or parcel of land or
other property and give his receipt accordingly only when the deed or transfer of said property
shows the agreed division of said taxes and the approval of the board of water management
commissioners of the district. (Acts 1965, No. 685, p. 1246, §26.)...
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9-9-39
Section 9-9-39 Bonds - Payment of principal and interest. The principal and interest of bonds
issued under this article shall be payable at such place or places as the board of commissioners
may designate. At least two weeks before the principal and interest of any bonds are due and
payable, it shall be the duty of the treasurer of the water management district to forward
to the place of payment named in such bonds an amount sufficient to meet the principal and
interest thereon coming due together with the customary fee of such paying back, not to exceed
one fourth of one percent. It shall be the duty of the board of water management commissioners
in making the annual tax levy as provided in this article to take into account the maturing
bonds and interest on all bonds and to make ample provisions in advance for the payment thereof.
In case the proceeds of the original tax levy made under the provisions of this article are
not sufficient to pay the principal and interest of all the...
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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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9-9-53
Section 9-9-53 Joint works of improvement with adjoining states. Whenever it may be desirable
to construct, widen, deepen, straighten or otherwise change any ditch, drain, watercourse,
floodwater retarding structure, levee or other works of improvement lying on or along, across
or near the boundary line between the State of Alabama and an adjoining state or whenever
it may be desirable to construct, repair or improve any works of improvement as provided for
in this article, which ditch, drain, watercourse, floodwater retarding structure or other
works of improvement cannot be constructed, repaired or improved in the best manner without
affecting lands in such adjoining state, the board of water management commissioners of the
district in which such work is located shall have authority to join with the proper officers
of such adjacent county or counties or districts of other states in the construction, widening,
deepening, straightening, repairing or improving of any such drain, ditch,...
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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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