Title 11 — Title 11
0 chapters · 2,499 sections in this title.
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THIS SECTION WAS REPEALED BY ACT 2025-297, EFFECTIVE MAY 7, 2025.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THIS SECTION WAS REPEALED BY ACT 2025-297, EFFECTIVE MAY 7, 2025.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THIS SECTION WAS REPEALED BY ACT 2025-297, EFFECTIVE MAY 7, 2025.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THIS SECTION WAS REPEALED BY ACT 2025-297, EFFECTIVE MAY 7, 2025.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…
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…