Title 39 — Title 39

When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) AUTHORITY. A corporation created pursuant to this chapter. (2) MUNICIPALITY. Any city or town incorporated under the laws of the Sta…

Cast; Declaration of Incorporation of Improvement Authority. At the regular meeting of the governing body of the municipality next succeeding the completion of the canvass and the statement and proclamation of result, such governing body shall adopt a resolution setting forth the…

of Resolution, Etc., to Secretary of State; Secretary of State to Furnish Statement of Names, Etc., of Authorities Incorporated to Department of Finance; Publication of Statement and Effect Thereof. The citizens of the State of Alabama who are inhabitants of such territory shall …

(a) Each authority incorporated under this chapter shall be a public corporation in perpetuity under its corporate name and the same shall in that name be a body politic and corporate, with power of perpetual succession. (b) The power of each authority shall be vested in and exer…

Conveyance of Entire Water System to Public Corporation Authorized to Conduct Business of Water Distribution System. (a) An authority shall be incorporated for the purpose of conducting and developing the enterprise in which it may engage in such manner that the services afforded…

and Terms of Office of Members; Vacancies. (a) Each improvement authority shall have a board of trustees consisting of not more than five members that are qualified electors residing in the area serviced by the authority. (b) When the authority is composed of an incorporated city…

Under Municipality. The members of the board shall not hold any public office under the municipality. History: (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §33.)

Officers. Promptly after their appointment the members of the board 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 and a secretary. History: (Acts 1935, No. 40, p. 72; C…

and Duties to Employees, Etc. Each member of the board shall receive for his or her services compensation in an amount to be fixed by the board. The compensation to the members of the board shall be paid monthly from money received by the authority from its operations. The member…

The board of trustees shall have power to do all things necessary or convenient in conducting and developing the enterprise, including but not limited to the following powers: (1) To adopt and amend bylaws for the management and regulation of its affairs and the enterprise in whi…

Books, Papers, Etc., of Plant or System Owned by Municipality to Authority Generally; Continuation in Effect of Provisions of Law as to Powers and Duties of Municipal Officers and Employees. Jurisdiction, supervision, possession and control of all property, real and personal, tan…

The citizens of any city or town in the State of Alabama or the citizens of any area in the State of Alabama containing as many as 250 qualified electors may be incorporated as an authority under this chapter. History: (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §18.)

Officers and employees of any board, commission or department in or of the municipality may be transferred to the authority and shall be eligible for such transfer and appointment without examination to offices and positions under such authority. The transfer and appointment of s…

Notes, Bonds or Other Obligations Issued by Municipality; Assumption of Municipal Contracts as to Plant or System by Authority. The obligations of contracts of the municipality shall not be impaired by this chapter. Moneys to provide for the payment of notes, bonds or other oblig…

Issuance or Sale of Bonds or Other Evidence of Indebtedness by Authority. (a) Subject only to the Constitution of the State of Alabama, each authority incorporated under this chapter shall have power: (1) To sue and be sued; (2) To have a seal and alter the same at pleasure; (3) …

Denominations, Sale, Redemption, Etc., of Bonds; Issuance of Interim Receipts, Certificates, Etc. Bonds of an authority shall be authorized by resolution of the board of trustees of such authority and may be issued in one or more series, may bear such date or dates, mature at suc…

The bonds and other obligations of an authority incorporated under this chapter shall not be a debt of the State of Alabama nor a debt of the municipality and neither the state nor the municipality shall be liable in any way whatsoever thereon nor may the holder of any such bonds…

In addition to all other rights and all other remedies any holder or holders of any bond or bonds of any authority incorporated under this chapter, including a trustee for bondholders, shall have, subject to any contractual limitations binding upon such bondholder or holders or t…

of Authorities and Rights and Remedies of Bondholders by State. The State of Alabama does hereby pledge to and agree with the holders of bonds issued by an authority pursuant to this chapter that the state will not limit or alter the rights and powers hereby vested in an authorit…

All moneys of an authority incorporated under this chapter from whatever source derived shall be paid to the treasurer of such authority and deposited by said treasurer in a depository designated by the board of trustees of such authority. The treasurer shall not commingle said m…

to Be Furnished to Board of Trustees; Publication of Statement and Analysis of Financial Standing of Authority; Special Audit and Examination of Books and Accounts of Authority. The municipality or, in case of an unincorporated area in one county, the county governing body or, in…

Authority. The authority shall not include in an enterprise in which it is engaged the furnishing of any services not named in the petition provided for by this chapter unless the furnishing of such additional services shall be submitted to and approved by the electors of the ter…

A petition, in the form and executed as provided in Sections 39-7-4 and 39-7-5 may be presented by filing the same with the clerk of the city or town, and when the petition is signed by inhabitants of an area with 250 qualified electors it may be presented to the probate judge of…

Authority. The services of the authority shall not be diminished so as to exclude from an enterprise in which the authority is engaged the furnishing of any services unless and until all bonds of the authority and interest thereon issued by the authority pursuant to this chapter …

or Enlarging or Diminishing Services Furnished by Authority. Not more than one special election shall be held in any territory upon the question of enlarging or diminishing services and not more than two special elections upon the question of incorporating an authority in any cal…

No improvement authority incorporated under this chapter shall furnish any service to the inhabitants of a city or town other than the municipality, except with the consent of the governing body of such city or town. Except as provided in this section, the authority may furnish s…

Permits, Etc., for Authorities. (a) This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate power to fulfill their functions. (b) Except as otherwise expressly provided…

Any authority incorporated under this chapter insofar as the subject matter of this chapter is concerned shall be governed exclusively by the provisions of this chapter. History: (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §50.)

(a) The petition shall be in substantially the following form: “To the (herein insert the name of governing body) of the City (or Town) or to the Probate Judge of _____ County. We, the undersigned, qualified electors of the area embraced within the city or town or of the followin…

The probate or circuit court or any judge thereof within the county shall have summary jurisdiction upon complaint of an elector to determine the sufficiency of the petition and shall make such order as justice may require as to such sufficiency. Such summary proceeding shall be …

Submitted to Voters at Election. The clerk or probate judge shall give notice of the submission of the question by causing notice of the filing of the petition and the question to be submitted to be published at least once on the same day of each week for three consecutive weeks …

Election. If the petition shall have been filed with the clerk or probate judge or, in case a summary proceeding has been instituted, a final order thereon has been made in favor of the sufficiency of the petition not more than 60 days and not less than 30 days prior to a general…

Provisions of Law Governing Conduct of Such Elections; Payment of Expenses of Elections. If a petition shall not have been filed or, in case a summary proceeding has been instituted, a final order thereon has not been made in favor of the sufficiency of the petition so as to perm…

The question set forth in the petition shall be printed on the ballot. At the left of the question there shall be printed two voting squares, with the word “Yes” for voting for the question at the right of one square and the word “No” for voting against the question at the right …