Title 11 — Title 11

Municipalities Generally; Contracts for Furnishing of Water, Gas, or Electricity; Regulation of Gas, Electricity, and Water Rates and Quality. Cities and towns shall have the right to establish, purchase, maintain, and operate waterworks or contract for a supply of wholesome wate…

Governing Board of Corporation or Association Operating Same. Municipalities are hereby prohibited from acquiring, or duplicating any services of, any waterworks system or any part thereof, operated by a corporation or association which has been organized under Sections 10-4-190 …

Purchaser at Foreclosure Sale. Such mortgages or deeds of trust may provide that in the event of the foreclosure of such mortgage or deed of trust the purchaser at such foreclosure sale may acquire the right, privilege, and franchise of operating such plants or systems as may be …

The bonds issued under this division shall be payable in from 10 years to 15 years from their date as determined by the council, but any bond or bonds so issued and sold shall, at the option of the city or town, be payable at any interest period. In the event the city or town sho…

Thousand Inhabitants. Any city or town having a population of less than 6,000 inhabitants may, notwithstanding the amount or character of any bonded or other indebtedness, issue such bonds, but the same shall be a lien or charge only against the property improved and drained and …

Misappropriation, Etc., of Funds for Payment of Bonds. The official charged with the duty of collecting assessments shall be liable on his official bond to any holder of the bonds authorized to be issued under this division for any loss or injury to such bondholder caused by the …

Assessments Generally. The city or town officials charged with the duty of collecting assessments shall keep a correct account of all funds arising from such assessments and shall carefully and correctly keep a separate account of the fund arising from the collecting of assessmen…

Thereof. All proceeds arising from the collection of assessments levied under the provisions of this division shall, as soon as collected, be deposited and shall be kept by the city or town official charged with the duty of collecting assessments in some bank or banks paying inte…

Excess. At any time when the amount of any particular fund shall, with its accumulations, equal the amount of outstanding bonds and accrued interest entitled to payment out of such fund, the council shall have authority to redeem any and all such bonds that may be presented for r…

In the event the amount collected from the assessment under any ordinance authorizing the purchase of a sewer, sewers, or sewer system shall exceed the total cost and expense of the same, there shall be refunded to each of the parties affected by said assessment a proportionate a…

of Claims; Disposition of Amounts Not Refunded. If such claims be not presented within 12 months from the date of the maturity or payment of the bonds, they shall be forever barred, and such amounts shall be converted into the general revenue fund of the city or town. History: (A…

Sewers or Sewer System Purchased; Charges for Use of Sewers or Sewer System. The council of any city or town purchasing any sewer or sewers or sewer system may make reasonable rules and regulations for the operation and maintenance of the same and may provide penalties for the vi…

Revenues, Etc., from Plants, Rates, and Charges, Etc. Such mortgages or deeds of trust hereby authorized may provide that during the ownership of the plant or system by the municipality, its control of the service of the system or systems shall not be diminished or interfered wit…

Plants, Etc.; Use of Electric Light and Power Plants, Etc., and Disposition of Revenues Therefrom. All cities and towns which own and operate an electric light plant or system or any power plant of any kind may combine such electric light and power plants and system with the wate…

When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) MUNICIPALITY. A municipal corporation organized under the laws of this state. (2) SEWER SYSTEM. Any or all of the follo…

Sewer System and Water Distribution System and Establishment, Etc., of Single Schedule of Charges, Etc., Therefor. (a) Each municipality owning a sewer system shall have the power to establish and collect and from time to time alter charges for service furnished by or from said s…

Any municipality shall have the power to enforce collection of any such sanitary sewer service charges by discontinuance of sanitary sewer service to any premises with respect to which payment of such charges is delinquent and disconnection of such premises from the municipality’…

Boards Organized and Incorporated to Own and Operate Same. (a) Each municipality in Alabama which now or hereafter owns a waterworks plant and system, a sewer plant and system, an electric plant and system, and a gas plant and system, or any one or more thereof, is hereby authori…

to Control, Operation, Etc., of Plants, Etc., by Boards; Powers of Boards as to Conveyance, Etc., of Title to Plants. (a) The governing body of such municipality is hereby authorized to enter into any agreements with such board which may be necessary or appropriate in order to ef…

When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ELECTRIC LIGHT PLANT. A plant and system for the generation, manufacture, and distribution of electricity or a system fo…

When any city or town in this state is or may be the owner of any electric light plant, gas plant, or waterworks plant and the board of aldermen or other governing body of such city or town deems it to be to the best interest of such city or town and the inhabitants thereof to se…

Etc. Before any sale, lease, or disposition of an electric light plant, gas plant, or waterworks plant of any city or town shall be made, the board of aldermen or other governing body shall pass a resolution declaring it to be, in the judgment of said board of aldermen or other g…

After the passage of said resolution, the said board of aldermen or other governing body shall order a special election to be held at which all the voters in said city or town, who are qualified voters under the laws of this state may vote on the proposition of whether such sale,…

Such election, if ordered by the resolution of the board of aldermen or other governing body of the city or town, shall be called by the mayor or other chief executive officer of such city or town to be held on the day fixed by the said resolution of the board of aldermen or othe…

Notice of said election shall be given by advertisement published at least once a week for three consecutive weeks in one or more newspapers published in the city or town owning the plant proposed to be sold or disposed of and, if there is no paper so published, notices shall be …

Voting Places. The managers, clerks, and returning officers of the election shall be appointed, and the voting places shall be designated by said board of aldermen or other governing body. History: (Acts 1909, No. 212, p. 253; Code 1923, §2065; Code 1940, T. 37, §382.)

Generally. At the election so ordered all qualified voters under the laws of this state who are resident citizens of such city or town may vote, and the ballot shall be provided or furnished by the board of aldermen or other governing body, and the election shall be conducted in …

The ballots shall have plainly printed on them the words: “Shall the electric plant, or gas plant or waterworks plant (as the case may be) be sold, leased or disposed of?” and following said words shall be “Yes” and below that “No” with convenient space for the voter to place a c…

and Declaration of Election Results. The ballots shall be kept in a sealed box; and, at the conclusion of the election, the box shall be turned over forthwith by the managers to the officers designated as the returning officers and shall by them be safely and at once delivered to…

In any instance where a public corporation heretofore or hereafter organized pursuant to the provisions of Sections 11-50-231 through 11-50-238, 11-50-240 and 11-50-241, or under the provisions of Sections 11-50-310 through 11-50-318 and 11-50-320 through 11-50-324 owns and opera…

If the result of such election shall be in favor of a sale, lease, or disposition of the plant, the board of aldermen or other governing body of the city or town may proceed to sell, lease, or dispose of the electric light plant, gas plant, or waterworks plant owned by such city …

Plant. If there is any bonded indebtedness existing which was incurred in the purchase or construction of such electric plant, gas plant or waterworks plant and which is a lien upon the plant, the purchaser shall assume the payment of such bonded indebtedness. History: (Acts 1909…

Certain Municipalities as Superintendent of Light, Water, Sewer or Gas Systems, Etc.; Duties and Compensation; Validation of Prior Employment, Etc. (a) In all incorporated municipalities organized and operating under the provisions of Articles 1, 2, and 3 of Chapter 44, of this t…

Customer Security Deposits. Any public water works board in a Class 1 municipality in the state shall pay interest per annum on all customer security deposits required for utility service. The amount of interest paid for each calendar year shall be at the federal funds rate in ef…

(a) Every public corporation heretofore or hereafter organized or created in this state pursuant to authorization or determination by a municipality or its governing body, which public corporation now or hereafter owns a water system or systems, and any municipality in this state…

Certain Terms Thereof, Etc.; Limitation Period for Action to Restrain Proposed Transfer, Etc. (a) After the adoption of proceedings providing for the transfer and conveyance of any water system or systems, the public corporation and municipality or municipalities proposing to mak…

Indentures, Etc. If there are outstanding any bonds, mortgages, indentures, resolutions, or other obligations, including revenue bonds or other securities, payable from or secured by a pledge of the revenues or earnings of or constituting a lien upon the water system or systems p…

Each public corporation and municipality referred to in this article is hereby further authorized to enter into any agreements and to execute any instruments which their respective governing bodies may deem necessary or appropriate in order to effectuate the provisions of this ar…

State Public Service Commission, Etc. (a) Nothing contained in this article shall be construed to authorize any public corporation or municipality to convey any water system in such manner that title thereto may vest in private ownership; provided, that title to such system may b…

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section: (1) MUNICIPALITY. A municipal corporation organized and existing under the laws of Alabama. (2) WATER SYSTEM. Facilities for the gathering, collecting, imp…

Each municipality which now or hereafter owns a system or part of a system is hereby authorized to transfer and convey one or more systems, or any part or parts of a system or systems, or any rights incidental thereto, without the necessity of authorization at an election of the …

The municipality making any such conveyance and the municipality to which such conveyance is to be made are hereby authorized to enter into any agreements which they may deem necessary or appropriate in order to effectuate such transfer and may include in the instrument of transf…

(a) Cities and towns in this state are authorized to construct, lease, purchase, or otherwise acquire power lines for the transmission of electricity from any point in this state or any other state to said city or town for the purpose of serving the needs of its citizens. (b) For…

For the purposes of this article, the following terms shall be deemed to have the meanings respectively ascribed to them in this section: (1) MUNICIPALITY. A municipal corporation in the State of Alabama. (2) PUBLIC GAS CORPORATION. A public corporation having corporate power to …

Resolutions. Every municipality shall have the power, without the necessity of an election of the qualified voters of such municipality, to transfer and convey to any regulated utility any gas system, or part thereof, owned by the said municipality; and any public gas corporation…

Each municipality and public gas corporation is hereby further authorized to enter into any agreements and to execute any instruments which their respective governing bodies may deem necessary or appropriate in order to effectuate the transfer and conveyance of a gas system pursu…

Nothing contained in this article shall be construed as a restriction or limitation upon any authority which any municipality or public gas corporation now existing or hereafter formed may have under the provisions of any other law, but this article shall be construed to be suppl…

When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) WATER SYSTEM. A waterworks plant and distribution system, together with all appurtenances thereto and all property used…

Waterworks and Sanitary Sewer Systems; Adoption of Resolution by Municipal Governing Body Authorizing Incorporation. Whenever any number of natural persons, not less than three, shall file with the governing body of any municipality in this state an application in writing for aut…

(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 the system or systems for operation of which the corporation is organized (e.g., “The Waterworks and Sewer Board of …