0 chapters · 2,499 sections in this title.
Ala. Code § 11-50-233 Certificate of Incorporation - Acknowledgment, Filing, and Recordation
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The certificate of incorporation shall be acknowledged before an officer authorized by the laws of this state to take acknowledgment of deeds. When so acknowledged, the certificate may be filed with the judge of probate of the county in which such city or town is located, who sha…
Ala. Code § 11-50-234 Board of Directors
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(a) Each corporation formed under this division shall have a board of directors which shall constitute the governing body of the corporation, which board shall consist of at least three members. All members of the board of directors shall be reimbursed for actual expenses incurre…
Ala. Code § 11-50-234.1 Meeting Expense Allowance for Board Members
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The board of directors of any waterworks or sewer board heretofore or hereafter organized pursuant to the statute now codified as Sections 11-50-230 through 11- 50-241, may by resolution adopted by such board of directors, authorize the payment by such board of a reasonable meeti…
Ala. Code § 11-50-235 Powers of Corporation Generally; Provisions in Mortgages, Deeds of
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Trust, or Pledge Agreements Executed by Corporation as to Rights of Parties Thereto, Etc.; Exemption from Taxation of Property and Income of Corporation. (a) Each corporation formed under this division shall have the following powers together with all powers incidental thereto or…
Ala. Code § 11-50-236 Execution, Etc., of Contracts as Security for Repayment of Moneys
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Borrowed. To further secure the repayment of any money borrowed by it, such corporation may enter into a contract or contracts binding itself for the proper application of the money borrowed, for the continued operation and maintenance of any system or systems owned by it, or any…
Ala. Code § 11-50-237 Execution, Sale, Etc., of Bonds and Refunding Bonds of Corporation
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Generally; Terms, Denominations, Etc., Thereof; Charge, Application, Etc., of Revenues from Systems to Payment of Bonds, Etc., Generally; Vesting of Title to Systems in Municipality and Dissolution of Corporation Upon Payment of Bonds in Full. (a) All bonds issued by any corporat…
Ala. Code § 11-50-238 Transfer of Systems to Corporation; Powers of Corporation as to
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Conveyance, Etc., of Title to Systems. Each municipality which may now or hereafter own a system or systems and which shall have authorized a corporation to be incorporated under the provisions of this division, is hereby authorized to transfer and convey any such system or syste…
Ala. Code § 11-50-239 Acquisition, Operation, Etc., of Waterworks System 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. (a) Each waterworks board now or hereafter organized under this division, in addition to all other powers conferred on it by law, is her…
Ala. Code § 11-50-240 Issuance of Revenue Bonds for Improvement and Extension of
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Waterworks Plants and Pledge of Revenues from Gas Systems for Payment Thereof. Any waterworks board organized under the provisions of this division which has acquired or may hereafter acquire a gas plant or system pursuant to the provisions of Division 2 of this article may, in a…
Ala. Code § 11-50-241 Construction of Division; Jurisdiction, Etc., of State Board of Health and
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State Public Service Commission. (a) Neither this division nor anything contained in this division shall be construed as a restriction or limitation upon any power, right, or remedy which any corporation now in existence or hereafter formed may have in the absence thereof, but sh…
Ala. Code § 11-50-260 Authorization Generally
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Any waterworks board now existing, in the process of organization or incorporation or hereafter created or incorporated, under the provisions of Division 1 of this article shall, in addition to the powers, functions, and duties, rights and privileges now granted to or conferred u…
Ala. Code § 11-50-261 Additional Powers of Boards as to Gas Plants and Systems
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Without limiting the powers provided for in Section 11-50-260, such waterworks board shall have the power to acquire by purchase, construction, condemnation, or any combination thereof a plant and system for the manufacture and distribution of gas and/or a system for the purchase…
Ala. Code § 11-50-262 Borrowing of Money and Issuance of Revenue Bonds Therefor;
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Execution of Mortgages, Pledges, Etc., as Security for Indebtedness; Provisions in Same as to Rights of Parties Thereto, Etc.; Sale of Gas to Municipalities Authorized. (a) Any waterworks board shall also have the power to borrow money and to issue revenue bonds as evidence of an…
Ala. Code § 11-50-263 Execution, Etc., of Contracts as Security for Repayment of Moneys
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Borrowed. In addition and for the further security of the lender, any waterworks board which has borrowed money under the authority of this division may enter into a contract or contracts with the lender binding itself for the proper application of money borrowed from such lender…
Ala. Code § 11-50-264 Issuance, Sale, Etc., of Bonds and Refunding Bonds of Board; Terms,
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Denominations, Taxation, Etc., Thereof; Charge, Application, Etc., of Revenues from System to Payment of Indebtedness; Vesting of Title to System in Municipality Upon Payment of All Indebtedness. (a) Any waterworks board which borrows money under the authority of this division ma…
Ala. Code § 11-50-265 Transfer of Gas Plant or System to Waterworks Board; Sale or Transfer
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of Plant or System by Board to Utility Regulated by State Public Service Commission. (a) Every city or town now or hereafter owning and operating a municipal gas plant or distribution system and in which municipality a waterworks board is now or hereafter incorporated under the p…
Ala. Code § 11-50-266 Notice to Owner of Existing Gas Plant or System in Territory of Intention
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of Waterworks Board to Operate Gas Plant or System Therein, Etc. Whenever any such waterworks board proposes to engage in the business of operating a plant or system for the manufacture of gas and the distribution thereof or the purchase and distribution of manufactured or natura…
Ala. Code § 11-50-267 Voluntary Sale of Existing Plant or System to Board by Owner
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If within 30 days after receipt of such notice the owner shall propose voluntarily to sell and transfer such property to the waterworks board upon terms and conditions to be mutually agreed upon between the owner and the waterworks board and approved by the Alabama Public Service…
Ala. Code § 11-50-268 Application to Public Service Commission for Determination as to Terms
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of Acquisition; Hearing; Issuance of Order by Commission as to Terms, Conditions, Etc., of Acquisition. If acquisition of the property sought to be acquired by the waterworks board is not consummated under the provisions of Sections 11-50-266 and 11-50-267, the waterworks board b…
Ala. Code § 11-50-269 Appeal from Order of Commission
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Any party shall have the right to appeal from the order of the Public Service Commission, such appeal to be governed by existing provisions of law relating to appeals from final orders of the commission; except, that such appeal shall be taken to the circuit court of the judicial…
Ala. Code § 11-50-270 Completion of Sale Pursuant to Final Determination of Commission or
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Court; Effect of Failure of Seller to Tender Deed, Etc., or of Board to Accept Deed, Pay Purchase Price, Etc. The owner shall have 30 days after a final determination by the Public Service Commission or the courts to notify the waterworks board of its acceptance of such determina…
Ala. Code § 11-50-271 Consolidation of Gas and Waterworks Plants and Systems
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Any such waterworks board may, if it so elects, combine any waterworks plant and system owned by it with any gas plant and system owned by it and provide for the operation, maintenance, and repair thereof as one combined and consolidated plant and system, the keeping of books and…
Ala. Code § 11-50-272 Change of Name of Board Upon Acquisition of Gas Plant or System
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In the event any such waterworks board shall hereafter acquire any gas plant or system pursuant to the provisions of this division, the name of such waterworks board may thereupon or thereafter be changed to “The Waterworks and Gas Board of the _____ of _____” (the name of the ap…
Ala. Code § 11-50-273 Construction of Division; Exemption from Jurisdiction and Regulation of
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State Public Service Commission. (a) Except as otherwise provided in this division, neither this division nor anything contained in this division shall be construed as a restriction or limitation upon any power, right, or remedy which any waterworks board now in existence or here…
Ala. Code § 11-50-290 Contracts Between Municipalities and Waterworks Board for Operation
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and Management of Sanitary Sewer Systems. (a) The city or town council, city commission, or other governing body of any incorporated municipality in the State of Alabama in which a waterworks board organized pursuant to Sections 11-50-230 through 11-50-237, 11-50-240 and 11- 50-2…
Ala. Code § 11-50-291 Rights and Powers of Municipalities and State Board of Health as to
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Sanitary Sewers Not Impaired by Division. Nothing contained in this division shall be construed to deprive any such municipality of its right to fix the charges for sanitary sewer service rendered by any such sanitary sewerage system or its title thereto or its police power there…
Ala. Code § 11-50-3 Sale of Water and Power to Other Municipalities
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Any city or town in this state owning or operating a municipal water or light plant or both may contract with and sell to other municipalities and to residents thereof water and power. History: (Acts 1933, Ex. Sess., No. 105, p. 99; Code 1940, T. 37, §362.)
Ala. Code § 11-50-30 Acquisition, Etc., by Foreign Municipalities of Property Necessary to
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Afford Adequate Water Supply Authorized. Any city or town located in any state adjoining the State of Alabama which is duly incorporated by the laws of the state wherein such town or city is located may acquire, own, take, and dispose of any property, real or personal, in this st…
Ala. Code § 11-50-300 Construction and Application
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(a) Notwithstanding any other provisions of law, this division shall apply to any municipal water works board authorized to be incorporated by a municipality which, on January 1, 2015, either served water customers or has assets in four or more counties other than the county wher…
Ala. Code § 11-50-300.01 Defintions
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For the purposes of this division, the following terms have the following meanings: (1) AUTHORIZING MUNICIPALITY. A municipality that authorized the organization of a board that is converted to a regional board pursuant to this division. (2) BOARD. A board organized pursuant to t…
Ala. Code § 11-50-300.02 Conversion of Certain Municipal Boards to Regional Boards
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(a) On May 7, 2025, a board that meets the requirements of Section 11-50-300(a) as of April 17, 2025, shall be converted to a regional board. (b) A board that meets the requirements of Section 11-50-300(a) after April 17, 2025, shall be converted to a regional board 30 days after…
Ala. Code § 11-50-300.03 Board of Directors
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(a) The term of the existing directors of the board of directors shall terminate on the conversion date, notwithstanding the term or terms for which the existing directors were appointed or elected. The term of office for directors appointed pursuant to this division shall begin …
Ala. Code § 11-50-300.04 Certificate of Incorporation
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(a) A regional board shall amend its certificate of incorporation after the conversion date to do all of the following: (1) Acknowledge that the regional board has met the requirements of Section 11- 50-300(a). (2) Change its name to reflect the regional nature of the board. The …
Ala. Code § 11-50-300.05 Ethics and Training Requirements
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(a) Directors and employees of a regional board shall be subject to the Ethics Act. (b) Each year all directors shall participate in 10 hours of training on the duties and best practices of directors of organizations engaged in the operation of water or sewer systems, the obligat…
Ala. Code § 11-50-300.06 Duties of Board; Enforcement
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(a) A regional board shall assure that the rates for water and other services are reasonable and that industry best practices are followed. A regional board shall assure that the regional board operates its system or systems efficiently, in compliance with applicable laws and reg…
Ala. Code § 11-50-300.07 Financial Statements and Reports
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(a) A regional board shall follow best practices in preparing or causing to be prepared financial statements and other reports, including all of the following: (1) An annual budget in monthly form. (2) Monthly financial statements with comparison to the budget. (3) Annual financi…
Ala. Code § 11-50-300.08 Consulting Engineer
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(a) A regional board shall retain a consulting engineer with a national reputation for providing high quality engineering services to water systems. The consulting engineer shall provide the services specified in a professional services agreement which shall include all of the fo…
Ala. Code § 11-50-300.09 Employment Restrictions on Former Directors
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For a period of 24 months after an individual ceases to be a director of a regional board, that individual may not be employed by the regional board or by any firm that performs work for the regional board. History: (Act 2025-297, §3.)
Ala. Code § 11-50-300.10 Chief Executive Officer
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(a) A regional board shall employ a chief executive officer with full authority to manage the operations of the regional board, subject to policy directives and other governance decisions adopted by the board of directors. Employees of a regional board shall report directly or th…
Ala. Code § 11-50-301 Reorganization and Composition
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THIS SECTION WAS REPEALED BY ACT 2025-297, EFFECTIVE MAY 7, 2025. History: (Act 2015-164, §2; Act 2016-276, §1; Act 2025-297, §4.)
Ala. Code § 11-50-302 Terms of Board Members
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THIS SECTION WAS REPEALED BY ACT 2025-297, EFFECTIVE MAY 7, 2025. History: (Act 2015-164, §3; Act 2025-298, §4.)
Ala. Code § 11-50-303 Compensation; Ethics Requirements; Rate Increases; Open Meetings
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THIS SECTION WAS REPEALED BY ACT 2025-297, EFFECTIVE MAY 7, 2025. History: (Act 2015-164, §4; Act 2025-298, §4.)
Ala. Code § 11-50-304 Exceptions
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THIS SECTION WAS REPEALED BY ACT 2025-297, EFFECTIVE MAY 7, 2025. History: (Act 2015-164, §5; Act 2025-297, §4.)
Ala. Code § 11-50-31 Rights and Powers of Domestic Municipal Corporations as to
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Acquisition, Maintenance, Etc., of Waterworks Systems Conferred Upon Foreign Municipal Corporations. All the rights and powers that are incident to and conferred by law upon municipal corporations of this state to purchase, hold, take, and condemn property or easements in propert…
Ala. Code § 11-50-310 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) WATER SYSTEM. A plant and system for the gathering, collecting, or impounding of water and the distribution thereof for …
Ala. Code § 11-50-311 Application for Authority to Incorporate; Adoption of Resolution by
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Municipal Governing Body Authorizing Incorporation. Whenever any number of natural persons, not less than three, shall file with the governing body of any municipality of this state an application in writing for authority to incorporate a public corporation for the purpose of ope…
Ala. Code § 11-50-312 Acknowledgment, Filing and Recordation of Certificate of Incorporation;
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Amendment of Certificate of Corporation Formed Under This Article or Under Division 1 of Article 8 of This Chapter. (a) The certificate of incorporation of any corporation organized under this article shall state: (1) The name of the corporation, which shall be a name indicating …
Ala. Code § 11-50-313 Board of Directors
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(a)(1) Each corporation that is formed or that has amended its certificate of incorporation pursuant to this article shall have a board of directors that shall be the governing body of the corporation. Except as otherwise provided by law, the board shall consist of three members.…
Ala. Code § 11-50-314 Powers of Corporation Generally; Provisions in Mortgages, Deeds of
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Trust, or Pledge Agreements Executed by Corporation as to Rights of Parties Thereto, Etc. (a) Each corporation formed or the certificate of incorporation of which is amended under this article shall have the following powers together with all powers incidental thereto or necessar…
Ala. Code § 11-50-315 Execution, Etc., of Contracts as Security for Repayment of Moneys
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Borrowed. To further secure the repayment of any money borrowed by it such corporation may enter into a contract or contracts binding itself for the proper application of the money borrowed, for the continued operation and maintenance of any system or systems owned by it or any p…