Title 11 — Title 11
0 chapters · 2,499 sections in this title.
Ala. Code § 11-50-316 Execution, Sale, Etc., of Bonds and Refunding Bonds of Corporation;
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Terms, Denominations, Etc., Thereof; Charge, Application, Etc., of Revenues from Systems for Payment of Bonds, Etc., Generally; Vesting of Title to Systems in Municipality and Dissolution of Corporation Upon Payment of Bonds in Full, Etc. (a) All bonds issued by any such corporat…
Ala. Code § 11-50-317 Pledge of Revenues from and Mortgaging of Systems for Payment of
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Bonds. Any bonds issued by a corporation organized under this article for any purpose for which it is authorized by law to borrow money and issue its bonds, without regard to the system for the benefit of or with respect to which such bonds may be issued, may be made payable out …
Ala. Code § 11-50-318 Disposition of Proceeds from Sale of Bonds
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All moneys derived from the sale of any bonds issued by any corporation organized under this article or the articles of incorporation of which are amended under this article shall be used solely for the purpose or purposes for which the same are authorized, including any engineer…
Ala. Code § 11-50-319 Exemption from Usury and Interest Statutes
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Each waterworks board now or hereafter organized under the provisions of this article is hereby exempted from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of Chapter 8 of Title 8 of this …
Ala. Code § 11-50-32 Rights and Powers of Foreign Municipal Corporations to Contract with
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Persons, Municipal Corporations, Etc., Within State for Water Supply. Such foreign municipal corporations, in connection with the development of a public water supply from this state, shall have the right, power, and authority to contract with any person or persons, municipal cor…
Ala. Code § 11-50-320 Acquisition, Operation, Etc., of Systems Located in Another
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Municipality; Execution of Contract for Conveyance of System in Other Municipality Thereto Upon Payment in Full of Indebtedness of Corporation as to Such Systems. (a) Each corporation organized under this article or the articles of incorporation of which are amended under this ar…
Ala. Code § 11-50-321 Consolidation of Systems
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Each corporation organized under this article or the articles of incorporation of which are amended under this article may, if it so elects, combine and consolidate any of its systems (whether water, sewer, gas, or electric) with any one or more of its other systems (whether wate…
Ala. Code § 11-50-322 Exemption from Taxation of Bonds, Property, and Income of
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Corporation; Other Exemptions. The property and income of each corporation formed or the certificate of incorporation of which is amended under this article and all bonds issued by each such corporation and the income from such bonds and conveyances by or to each such corporation…
Ala. Code § 11-50-323 Construction of Article; Jurisdiction, Etc., of State Board of Health and
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State Public Service Commission. Neither this article nor any provision contained in this article shall be construed as a restriction or limitation upon any power, right, or remedy which any corporation organized under Sections 11-50-230 through 11-50-241, as amended, or organize…
Ala. Code § 11-50-324 Applicability of Provisions of Sections 11-50-230 through 11-50-273 and
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Sections 37-4-60 through 37-4-65. No corporation provided for in this article shall hereafter be organized or incorporated under the provisions of Sections 11-50-230 through 11-50-241, as amended; but corporations already in existence and organized or incorporated under said sect…
Ala. Code § 11-50-33 Consent of Counties and Municipalities Required
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Before the power and authority conferred by this article may be exercised, the consent of the county commission of the county in which the property lies and, if the said property lies within the limits of any incorporated municipality, then the consent of the governing authority …
Ala. Code § 11-50-34 Exercise of Jurisdiction Over Territory Acquired by Foreign
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Municipalities Generally. Nothing in this article contained shall authorize any foreign municipality to exercise any jurisdiction over any territory acquired by it under this article, but the jurisdiction of the State of Alabama shall be in all things retained over such territory…
Ala. Code § 11-50-340 Definitions
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As used in this article, the following words and terms shall have the following meanings unless the context shall indicate another meaning or intent: (1) CITY. Any incorporated city in the State of Alabama. (2) COUNCIL. The city council, city commission, or other board or body in…
Ala. Code § 11-50-341 Creation
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(a) The council of any city may, by ordinance, create a board of water and sewer commissioners for such city. Such ordinance shall set forth: (1) The determination by the council to create such board under the provisions of this article. (2) The name of such board, which shall be…
Ala. Code § 11-50-342 Qualifications, Appointment, Terms of Office, Compensation, and
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Removal of Members of Board; Oath and Bond Thereof; Vacancies; Election of Officers; Quorum. (a) Each board of water and sewer commissioners shall consist of three members appointed by the council. The members first appointed shall serve for terms of two, four, and six years, res…
Ala. Code § 11-50-343 Powers Generally; Publication, Recordation, and Authentication of
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Resolutions of Board. (a) Each board created under the provisions of this article shall be deemed to be a public agency or instrumentality exercising public and governmental functions to provide for the public health and welfare, and each such board is hereby authorized and empow…
Ala. Code § 11-50-344 Transfer of Existing Water or Sewer Systems to Board; Powers of Board
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as to Conveyance, Etc., of Title to Systems. The council of any city which shall have theretofore created a board of water and sewer commissioners and the waterworks board of any such city which shall have theretofore been formed under the provisions of Sections 11-50-230 through…
Ala. Code § 11-50-345 Issuance of Revenue Bonds Authorized; Form, Terms, Denominations,
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Etc.; Execution, Sale, Etc.; Disposition of Proceeds from Sale of Bonds; Issuance of Interim Receipts or Temporary Bonds. (a) Any board of water and sewer commissioners created under the provisions of this article is hereby authorized by resolution, at one time or from time to ti…
Ala. Code § 11-50-346 Execution of Trust Agreement as Security for Payment of Revenue
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Bonds Authorized; Provisions in Trust Agreements or Resolutions for Issuance of Bonds Generally. In the discretion of the board, any revenue bonds issued under the provisions of this article may be secured by a trust agreement by and between the board and a corporate trustee, whi…
Ala. Code § 11-50-347 Provisions in Resolutions for Issuance of Revenue Bonds or Trust
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Agreements Securing Same as Payment of Rates, Fees, or Charges for Services. Any resolution providing for the issuance of revenue bonds under the provisions of this article or trust agreement securing such bonds may include any or all of the following provisions and may require t…
Ala. Code § 11-50-348 Liability Upon Revenue Bonds, Etc.; Payment of Bonds and Expenses
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Revenue bonds issued under the provisions of this article shall not be deemed to constitute a debt of the city or a pledge of the faith and credit of the city, but such bonds shall be payable solely from the funds provided therefor from revenues. All such revenue bonds shall cont…
Ala. Code § 11-50-349 Remedies of Bondholders and Trustees
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Any holder of revenue bonds issued under the provisions of this article or of any of the coupons appertaining thereto and the trustee under any trust agreement, except to the extent the rights given by this section may be restricted by the resolution authorizing the issuance of s…
Ala. Code § 11-50-35 Exemption from Levy, Attachment, Etc., of Property of Foreign Municipal
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Corporations. The property of any and all foreign municipal corporations located in this state in pursuance of the provisions of this article shall be exempt from levy or seizure by attachment or other legal process or proceedings in like manner as the property of municipal corpo…
Ala. Code § 11-50-350 Revenue Refunding Bonds
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(a) The board is hereby authorized to provide by resolution for the issuance of revenue refunding bonds of the board for the purpose of refunding any bonds then outstanding which shall have been assumed by the board or shall have been issued under the provisions of this article, …
Ala. Code § 11-50-351 Establishment, Collection, Etc., of Rates, Fees, and Charges for
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Services Furnished. (a) The board is hereby authorized to fix and revise from time to time rates, fees, and other charges for the use of and for the services furnished or to be furnished by any water system, sewer system, or sewage disposal system or parts thereof owned, operated…
Ala. Code § 11-50-352 Adoption, Etc., of Rules and Regulations as to Connection of Buildings
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to Sewers. In case the board shall finance the construction of a sewage disposal system under the provisions of this article, the owner, tenant, or occupant of each lot or parcel of land within the city which abuts upon a street or other public way containing a sewer which is con…
Ala. Code § 11-50-353 Moneys Received Under Article Deemed Trust Funds; Provisions in
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Trust Agreements or Resolutions for Issuance of Bonds as to Trustees. All moneys received pursuant to the authority of this article, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this arti…
Ala. Code § 11-50-354 Exemption from Taxation of Systems, Revenue Bonds, Etc
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As proper water and sewer facilities are essential for the health of the inhabitants of the city, and as the exercise of the powers conferred by this article to effect these purposes constitute the performance of essential governmental functions, and as these water systems and se…
Ala. Code § 11-50-355 Annual Reports and Audits; Conflicts of Interest of Members, Agents, or
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Employees of Board; Vesting of Title to Systems in City and Dissolution of Board Upon Payment, Etc., of Bonds, Etc., in Full. (a) Within 60 days after the expiration of each fiscal year the board shall make an annual report of its activities for the preceding fiscal year to the c…
Ala. Code § 11-50-356 Provisions of Article Cumulative; Issuance of Revenue Bonds and
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Revenue Refunding Bonds. The provisions of this article shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded …
Ala. Code § 11-50-357 Article to Be Liberally Construed
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This article, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof. History: (Acts 1951, No. 775, p. 1359, §18.)
Ala. Code § 11-50-358 Conflicting Laws
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All other general or special laws or parts thereof inconsistent herewith are hereby declared to be inapplicable to the provisions of this article. History: (Acts 1951, No. 775, p. 1359, §20.)
Ala. Code § 11-50-36 Taxation of Property Acquired by Foreign Municipalities
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The property so acquired by any foreign municipality shall be subject to taxation in this state as the property of individuals and private corporations. History: (Code 1907, §1448; Code 1923, §2304; Code 1940, T. 37, §392.)
Ala. Code § 11-50-370 Definitions
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When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PUBLIC CORPORATION. Any of the following: A municipality incorporated under the laws of this state; a board organized un…
Ala. Code § 11-50-371 Contracts Between Public Water Corporations and Public Sewer
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Corporations for Operation and Management of Sanitary Sewer Systems. (a) Any public water corporation and any public sewer corporation are hereby authorized to enter into a contract with each other whereunder such public water corporation shall act as agent for such public sewer …
Ala. Code § 11-50-372 Rights and Powers of Public Water Corporations and State Board of
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Health as to Sanitary Sewers Not Impaired by Article. Nothing contained in this article shall be construed to deprive any such public water corporation of its right to fix the charges for sanitary sewer service rendered by any sanitary sewer system owned by it, or its title there…
Ala. Code § 11-50-390 Definitions
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When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) MUNICIPALITY. Any incorporated city or town in the State of Alabama. (2) GOVERNING BODY. The council, commission, or oth…
Ala. Code § 11-50-391 Creation
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Any two or more municipalities are hereby empowered and authorized to cause to be organized and incorporated a gas district as a public corporation with all the power and authority provided in this article for the purpose of securing for such municipalities a supply of natural or…
Ala. Code § 11-50-392 Contents, Acknowledgment, Filing, and Recordation of Certificate of
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Incorporation; Procedure for Amendment Thereof; Dissolution of District and Disposition of Systems, Etc., Upon Payment of Indebtedness of District in Full. (a) The certificate of incorporation of any gas district incorporated under this article shall state: (1) The name of the co…
Ala. Code § 11-50-393 Board of Directors - Composition; Compensation; Removal Actions
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(a) Each district incorporated under this article shall have a board of directors of not less than three members, and the members shall elect a chair of the board. Unless otherwise provided in the certificate of incorporation, the board of directors shall consist of at least one …
Ala. Code § 11-50-394 Board of Directors - Organization; Officers
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Promptly after their appointment, the members of the board of directors shall meet to organize. At such meeting and at the first meeting in each year thereafter, the members of the board shall choose from their number a president. They shall also choose a secretary and a treasure…
Ala. Code § 11-50-395 Board of Directors - Powers Generally; Resolutions
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(a) The board of directors shall constitute the governing body of the district. The board shall do all things necessary or convenient in acquiring, owning, operating, developing, and improving the gas system or systems owned or to be owned by the district and shall exercise all t…
Ala. Code § 11-50-396 Powers Generally
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Each district incorporated under this article shall have each and all of the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession in its corporate name for the duration of time (which may be …
Ala. Code § 11-50-397 Exercise of Powers of Eminent Domain Generally
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The powers of eminent domain granted and conferred upon districts incorporated under this article shall be exercised in the same manner and subject to the same limitations as in the case of municipal corporations; provided that the power of eminent domain shall not be exercised b…
Ala. Code § 11-50-398 Acquisition, Construction, Operation, Etc., of Gas Distribution Systems
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Outside Territory of Municipalities by Which Incorporated. Any such gas district may, if its certificate of incorporation shall so provide, acquire, construct, own, and operate gas distribution systems and any other facilities suitable to provide for the distribution and sale of …
Ala. Code § 11-50-399 Acquisition of Competing Gas Systems, Etc
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All districts incorporated under the provisions of this article shall have all powers and be subject to all limitations with respect to the acquisition of competing gas systems and the duplication of existing privately owned gas systems to the same extent as boards under the prov…
Ala. Code § 11-50-4 Condemnation of Sources of Water, Watersheds, Rights-of-Way, Etc., to
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Secure Water Supply. For the purpose of securing and maintaining a water supply sufficient for its inhabitants and users within contiguous areas, any municipal corporation is vested with full authority to have condemned for its use sources of water and water supplies or necessary…
Ala. Code § 11-50-400 Use of Public Highway Rights-of-Way
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Each such district is hereby authorized to use the right-of-way of public highways for construction of gas lines along the margin of said right-of-way subject to the district’s obtaining written permission from the appropriate county commission or the State Department of Transpor…
Ala. Code § 11-50-401 Promulgation of Rules and Regulations as to Installation, Maintenance,
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Etc., of Gas Fixtures, Pipes, Etc., Served by District - Authorized. Any gas district now or hereafter organized in this state under the provisions of this article is hereby authorized and empowered to promulgate rules and regulations governing and relating to the installation, c…
Ala. Code § 11-50-402 Promulgation of Rules and Regulations as to Installation, Maintenance,
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Etc., of Gas Fixtures, Pipes, Etc., Served by District - Procedure. Any such rules or regulations promulgated by a gas district under the authority conferred by this article shall be incorporated in a resolution of its board of directors, which resolution shall be deemed a resolu…