reglab/housing_qa huggingface dataset:
AL Code § 9-9-74 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 2 - Drainage Subdistricts.|Section 9-9-74 - Establishment of Subdistricts - Jurisdiction, Authority, etc.; Purposes.

Section 9-9-74Establishment of subdistricts - Jurisdiction, authority, etc.; purposes. The county commission of any county, as a drainage district, shall have jurisdiction, power and authority to establish drainage subdistricts as provided in this article, to promote, aid and assist the purposes of drainage districts organized under Title 2, Sections 208 through 262 of the 1940 Alabama Code or water management districts organized under Sections 9-9-1 through 9-9-72 of this code by the development of systems for the prevention of soil erosion and surface waters control upon lands in and contiguous to and affecting the drainage of said district and to aid and assist land owners in providing for the prevention, elimination or control of overflow waters and wet, swamp and overflow lands by the proper distribution of surface waters or holding such waters upon the land from which it flows to or upon wet, swamp and overflow lands and to prevent and deter the filling of natural or artificial drains by soil erosion from the watersheds of such drains, with or without the organization of a drainage district under Title 2, Sections 208 through 262 of the 1940 Alabama Code or the organization of a water management district under Sections 9-9-1 through 9-9-74. In the exercise of such powers and authority it may locate, change, construct, maintain or cause to be located, changed, constructed or maintained any ditch, drain, terrace, embankment or outlet; provided, that the powers contained in this article shall not authorize said commission to act in conflict with the powers, authorities and purposes of Title 2, Sections 208 through 262 of the 1940 Alabama Code or Sections 9-9-1 through 9-9-72 as to any drainage district or water management district organized or to be organized thereunder. (Acts 1936, Ex. Sess., No. 127, p. 83, §6; Code 1940, T. 2, §267.)
AL Code § 9-9-75 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 2 - Drainage Subdistricts.|Section 9-9-75 - Establishment of Subdistricts - Procedure.

Section 9-9-75Establishment of subdistricts - Procedure. (a) The establishment of a subdistrict shall be undertaken only upon the initiative of one or more of the land owners concerned. Such land owners shall file with the chairman, for which a fee of $1.00 shall be charged, a petition signed by three fourths of the land owners who own, control or operate all of the land involved. Said petition shall state the approximate boundaries of the proposed subdistrict, that the purpose of this article will be served by the drainage of such land or by the control of such surface waters and the name and last known address of each owner of land within the proposed subdistrict. (b) When said petition has been filed, the chairman shall set a date for a hearing before him on said petition, not less than 10 nor more than 30 days after the date on which the petition is filed, and all owners of land within the proposed subdistrict shall be notified by personal service or by letter, postage prepaid and addressed to such owner at last known address not less than five days previous to the dates set for the hearing, stating the time, place and the nature of the hearing; provided, that nonresident land owners may be given such notice by registered or certified letter mailed to their last known address or by publication of such notice one time in some newspaper published in the county. (c) If, upon such hearing, the chairman deems the proposed improvements feasible and desirable, he shall request the agricultural engineer of the Alabama Extension Service to make or cause to be made a survey of the proposed subdistrict and to file with the chairman a map, a description of the work to be done, a recommended plan, an estimate of the cost of the work and an estimate of the benefits to accrue by reason of the improvements to the land of each owner of land within the proposed subdistrict. (d) When the engineer's report has been filed, the chairman shall set a date for a hearing before the county commission and notify each owner of land within the proposed subdistrict as provided in this section. At this hearing a full report of the engineer's survey shall be made by the engineer or some one designated by him. If, upon said hearing, the county commission or a majority thereof are of the opinion that the proposed subdistrict is feasible and desirable, it shall order the same duly established; otherwise, it shall dismiss the petition. The order of the county commission in establishing a subdistrict or in approving assessments as provided in Section 9-9-76 shall have all the force and effect of a judgment. (Acts 1936, Ex. Sess., No. 127, p. 83, §7; Code 1940, T. 2, §268.)
AL Code § 9-9-76 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 2 - Drainage Subdistricts.|Section 9-9-76 - Entry, Approval, etc., of Assessments Against Lands for Improvements; Proceedings as to Delinquencies.

Section 9-9-76Entry, approval, etc., of assessments against lands for improvements; proceedings as to delinquencies. (a) When a subdistrict shall have been established by order of the county commission, the owners of land within the subdistrict shall, through their officers or directors and in keeping with the provisions of the constitution and bylaws of the subdistrict, fairly, justly and equitably, insofar as possible, prorate the costs of the improvements to be made and other necessary expenses and enter same as an assessment or assessments against the benefited land of each owner of land within the subdistrict. When such assessments shall have been approved by the county commission, they shall be filed with the chairman, and each assessment shall constitute a prior lien, subject only to state and county taxes, against the benefited land so assessed. Said assessments shall be due and payable as the work progresses. (b) If any owner of land within such subdistrict shall fail to pay said assessment or assessments when due, the chairman may issue a certificate or certificates of indebtedness in the aggregate amount of said assessment or assessments against such benefited land, which certificate or certificates shall constitute a prior lien, subject only to state and county taxes, against such land. Said certificates may be prorated over a number of years not to exceed 10 years, may bear interest at a rate not to exceed five percent per annum and may be sold to any owner or owners of land in said subdistrict or to the investing public. Failure to pay any one of said certificates when due shall immediately render all outstanding certificates of indebtedness due and payable, and the county commission may order said benefited land sold to satisfy said prior lien. Ten days notice of the time and place of said sale shall be given by posting notices thereof at three public places, one of which shall be at the courthouse door, or by publication thereof once a week for two successive weeks in some newspaper published in said county. The proceeds of such sale shall be applied to the payment of costs and expenses of said sale, to the satisfaction of any prior liens provided for in this section, and any balance shall be paid to the owner of said land. In no case shall the total assessments against any tract of land within said district be more than 90 percent of the estimated benefits to accrue to said land by reason of the improvements as shown by the engineer's report, nor shall any tract of land be held liable for any assessment against any other tract of land within said subdistrict. (Acts 1936, Ex. Sess., No. 127, p. 83, §8; Code 1940, T. 2, §269.)
AL Code § 9-9-77 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 2 - Drainage Subdistricts.|Section 9-9-77 - Objections to Establishment of Subdistrict or to Assessments Against Lands; Appeals From Orders of Commission.

Section 9-9-77Objections to establishment of subdistrict or to assessments against lands; appeals from orders of commission. Any owner of land within a proposed subdistrict may file with the chairman objections in writing to the establishment of a subdistrict on or before the day set for hearing the engineer's report on the same. If such subdistrict is established by order of the county commission, said owner of land may within 10 days after the establishment of the subdistrict appeal from the order of the county commission to the circuit court, upon giving bond in a sum to be fixed by the county commission conditioned for the payment of costs if the appeal should be decided against the appellant. Any owner of land within a subdistrict may likewise file objections in writing to any assessment or assessments before the same shall have been approved by the county commission. If the county commission approves said assessment or assessments, said owner of land may appeal from the order of the county commission to the circuit court within the time and manner provided in this section for appeal from the order establishing the subdistrict. Such appeal in either case shall be taken and prosecution had as now provided by law. Such appeal shall be based and heard only upon the objections in writing filed by the complaining party, either as to issue of law or fact, as provided in this section and determined in a summary manner by the county commission, and no additional objections shall be considered by the court upon hearing of the appeal; provided, that nothing in this section shall be construed to authorize any appellant to stay the proceedings of a subdistrict or to prevent progress in the work of the subdistrict. (Acts 1936, Ex. Sess., No. 127, p. 83, §9; Code 1940, T. 2, §270.)
AL Code § 9-9-78 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 2 - Drainage Subdistricts.|Section 9-9-78 - Right of Condemnation.

Section 9-9-78Right of condemnation. If it shall be necessary to acquire a right-of-way or an outlet over and through land affected by the improvements, then and in such event the power of eminent domain is hereby conferred, and such land may be condemned. The right of condemnation hereby conferred shall be invoked by application to the court of probate of the county in which the lands over which said right-of-way or outlet is desired are situated, and the same proceedings shall be had as in other cases of condemnation of lands for public uses as provided in this code, and such damages as may be awarded shall be paid by the other landowners in proportion to the assessments approved by the county commission against the benefits accruing to their lands by virtue of the improvements established in said subdistrict. (Acts 1936, Ex. Sess., No. 127, p. 83, §10; Code 1940, T. 2, §271.)
AL Code § 9-9-79 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 2 - Drainage Subdistricts.|Section 9-9-79 - Costs and Expenses of Organization, Operation, etc., of Subdistricts.

Section 9-9-79Costs and expenses of organization, operation, etc., of subdistricts. The terms "costs" and "expenses" as used in this article shall include all expenses incident to or necessary to organize, defend, promote, improve, operate, maintain or dissolve a subdistrict. Any funds advanced to set up and establish a subdistrict or proposed subdistrict shall become a charge against the lands involved and constitute a prior lien, subject only to state and county taxes, against said lands. Funds so advanced shall be accounted for in the total costs and proration of the same among the owners of land within a subdistrict. In case a petition for the establishment of a subdistrict is dismissed by the county commission, the same shall be due and collectible immediately on dismissal of a petition by the county commission. (Acts 1936, Ex Sess., No. 127, p. 83, §11; Code 1940, T. 2, §272.)
AL Code § 9-9-80 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 9 - Water Management and Drainage.|Article 2 - Drainage Subdistricts.|Section 9-9-80 - Construction of Article; Effect of Defect in Proceedings Upon Collection of Assessments or Functioning of Subdistrict; Remedies Provided in Article Exclusive.

Section 9-9-80Construction of article; effect of defect in proceedings upon collection of assessments or functioning of subdistrict; remedies provided in article exclusive. The provisions of this article shall be liberally construed to promote the declared purposes thereof. The collection of any assessment or assessments or the desirable functioning of a subdistrict shall not be defeated when the notices authorized by this article have been given by reason of any defect in the proceedings accruing prior to the order of the county commission establishing the subdistrict or approving the assessments; but such order or orders shall be conclusive and final that all prior proceedings were regular and according to law, unless they were appealed from and finally held to be unlawful. Failure to appeal from the order or orders of the county commission within the time specified shall be a waiver of any illegality in the proceedings, and the remedies provided for in this article shall exclude all other remedies. (Acts 1936, Ex. Sess., No. 127, p. 83, §12; Code 1940, T. 2, §273.)
AL Code § 9-10-1 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 10 - Water Conservation and Irrigation.|Article 1 - Water Conservation and Irrigation Agency.|Section 9-10-1 - Establishment of State Agency Authorized and Directed.

Section 9-10-1Establishment of state agency authorized and directed. In the interest of water conservation and land irrigation in that portion of Alabama known as the State of Alabama and for purposes of cooperation with any water authority or agency or any river area development authority or agency heretofore or hereafter created, there is hereby authorized and shall be established as provided in this article a state development agency constituting an irrigation district or districts for the State of Alabama. The agency, when incorporated in accordance with this article, shall be an instrumentality of the State of Alabama. (Acts 1965, No. 827, p. 1549, §1.)
AL Code § 9-10-2 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 10 - Water Conservation and Irrigation.|Article 1 - Water Conservation and Irrigation Agency.|Section 9-10-2 - County Resolutions Declaring Need for Incorporation of State Water Conservation and Irrigation Agency, etc.; Membership of Corporation; Composition of Board of Directors; Qualifications, Election and Terms of Office of Board Members.

Section 9-10-2County resolutions declaring need for incorporation of State Water Conservation and Irrigation Agency, etc.; membership of corporation; composition of board of directors; qualifications, election and terms of office of board members. The organization and establishment of the agency shall be as follows: (1) The county commission of any county or counties lying within the State of Alabama which may elect to come within the provisions of this article shall indicate its desire to participate therein by the adoption of an appropriate resolution declaring the need for the incorporation of a water conservation and irrigation agency, stating its intention to give financial assistance to projects of such agency and stating its desire to become a part thereof. (2) Membership of the corporation shall consist of title holders to the land irrigated or proposed to be irrigated within the boundaries of the irrigation district or districts to be established, and such member water users shall elect by majority vote a board of directors to be composed of nine members. Members of the board of directors shall be selected from persons residing in and holding title to lands located within the irrigation district or districts or areas proposed for irrigation and who are persons active in municipal, industrial, agricultural, commercial or citizen organizations engaged in promoting comprehensive and unified development of the resources of the State of Alabama as a basis for its general economic growth. Three such members shall be elected for terms of two years, three for terms of four years and three for terms of six years. Thereafter all members shall be elected for terms of six years, but in all events such members shall continue in office until their successors are elected and qualified. Vacancies occurring on the board shall be filled in the same manner as the original appointments. Board members shall be eligible to succeed themselves. (Acts 1965, No. 827, p. 1549, §2.)
AL Code § 9-10-3 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 10 - Water Conservation and Irrigation.|Article 1 - Water Conservation and Irrigation Agency.|Section 9-10-3 - Procedure for Incorporation.

Section 9-10-3Procedure for incorporation. To become a corporation, members of the board of directors of the agency shall present to the Secretary of State an application signed by them which shall state:  (1) The name, official designation and official residence of each of the applicants together with a certified copy of the resolution, order or commission evidencing his right to office; (2) The term of office of each of the applicants; (3) The name of the proposed corporation; (4) The location of the principal office of the proposed corporation; and (5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama.  The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds. If the Secretary of State, upon examination of the application presented to him, finds that it substantially complies with the requirements of this section, he shall receive and file said application and record it in an appropriate book of records in his office. When the application has been made, filed and recorded as provided in this section, the applicants shall constitute a corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article and shall record the certificate with the application. There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation provided for in this section. (Acts 1965, No. 827, p. 1549, §3.)
AL Code § 9-10-4 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 10 - Water Conservation and Irrigation.|Article 1 - Water Conservation and Irrigation Agency.|Section 9-10-4 - Election of Officers; Board Meetings; Records and Copies of Board Proceedings; Exercise of Corporate Powers; Compensation of Board Members.

Section 9-10-4Election of officers; board meetings; records and copies of board proceedings; exercise of corporate powers; compensation of board members. Upon completion of the membership of the board of directors and incorporation as provided in this article, the board members shall meet in an organizational session at the place of its main office and elect a chairman, vice-chairman, a secretary and a treasurer, but the office of secretary and treasurer may be held by the same person. The board shall set a regular time and place for its meetings, and a majority of its members shall constitute a quorum for the transaction of its business. All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well-bound book. Copies of such proceedings, when certified by the secretary of the corporation, shall be received in all courts as evidence of the matters and things therein certified. All powers of the corporation shall be exercised by the board of directors or pursuant to its authority, and no county commission shall have any power or authority over the board of directors. Members of the board shall serve without compensation except reimbursement for actual traveling expenses and other necessary expenses incurred in their official duties, such expenses to be reimbursed from such funds as may be made available to the agency. (Acts 1965, No. 827, p. 1549, §4.)
AL Code § 9-10-7 (2021)
2021 Code of Alabama|Title 9 - Conservation and Natural Resources.|Chapter 10 - Water Conservation and Irrigation.|Article 1 - Water Conservation and Irrigation Agency.|Section 9-10-7 - Contracts for Construction Work and Purchases of Materials.

Section 9-10-7Contracts for construction work and purchases of materials. All contracts for construction work and purchases of materials shall be awarded on the basis of competitive bids. Before construction is started on any project, the corporation shall advertise for sealed bids once each week for three consecutive weeks in a newspaper of general circulation in the county in which the project or undertaking is to be located and in such other publications as it may deem advisable. Such notices shall state that plans and specifications for the project are on file in the office of the corporation and the time and place for receiving and opening bids. All bids shall be opened publicly at the advertised time and place. The contract shall be awarded to the lowest responsible bidder complying with the conditions of the invitations for bids unless the bid is found by the corporation to be unreasonable or it is found not to the best interests of the corporation to accept it. The bidder to whom the award is made shall be notified by telegram or letter at the earliest possible date. Should the successful bidder fail or refuse to sign the contract or make bond, the corporation may award the contract to the second lowest responsible bidder; and, upon the failure or refusal of the second lowest bidder to sign the contract or make bond, the corporation may award the contract to the third lowest responsible bidder. If no bids are received at the time stated in the advertisement for bids or if the corporation finds that bids received are unreasonable and not to its best interest, the corporation may advertise for and seek other competitive bids, or it may direct that the work shall be done by negotiated contract under its direction and control. On any construction project done by negotiated contract, the corporation shall file plans and specifications and an itemized estimate of cost with the Department of Examiners of Public Accounts. Upon completion of the project by the corporation, the final total cost together with an itemized list of cost of any and all changes made in the original plans shall be submitted to the Department of Examiners of Public Accounts for its permanent record. This section shall not apply to routine maintenance or repair jobs done by maintenance men in the regular employ of the corporation. (Acts 1965, No. 827, p. 1549, §8.)