reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 8 - Waterworks and Sewer Boards. › Division 3 - Management and Operation of Sanitary Sewer Systems as Agents of Municipalities. › Section 11-50-290 - Contracts Between Municipalities and Waterworks Board for Operation and Management of Sanitary Sewer Systems.

Section 11-50-290
Contracts between municipalities and waterworks board for operation 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 11-50-241 may be operating is hereby authorized, in behalf of such municipality, to enter into contracts with such board, and such board is authorized to enter into contracts with such municipality, whereunder such board shall act as agent of such municipality for the operation and management of any one or more sanitary sewer systems located in such municipality.
(b) Such contracts may contain such provisions and terms as may be mutually agreed on by the parties thereto respecting the operation and management of the sanitary sewer systems covered thereby, including provisions respecting the furnishing by such board of water for such sanitary sewer systems, provisions respecting the collection and remittance by such board of service charges collected by it for services rendered by or from any such sanitary sewer system after deduction of the charges of such board in connection therewith, and also including provisions for the discontinuance of the furnishing of water by such board to any of its water customers if such customer fails to pay, within a reasonable time as shall be designated by such board, any service charge established by ordinance of such municipality for service rendered to such customer by or from such sanitary sewer system. As an aid to the efficient operation by such board of the sanitary sewer systems covered by any such contract, such board is authorized to establish regulations providing for such discontinuance of water service and to put such regulations into effect.
(Acts 1943, No. 570, p. 574, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 8 - Waterworks and Sewer Boards. › Division 3 - Management and Operation of Sanitary Sewer Systems as Agents of Municipalities. › Section 11-50-291 - Rights and Powers of Municipalities and State Board of Health as to Sanitary Sewers Not Impaired by Division.

Section 11-50-291
Rights and powers of municipalities and State Board of Health as to 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 thereover. Nothing contained in this division shall be construed to impair any power of the State Board of Health granted by law with respect to any such sanitary sewer system.
(Acts 1943, No. 570, p. 574, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 8 - Waterworks and Sewer Boards. › Division 4 - Water Works Board Serving Counties Other Than Where Organized. › Section 11-50-300 - Applicability.

Section 11-50-300
Applicability.
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 where the authorizing municipality is principally located, or after January 1, 2015, either serves water customers or has assets in four or more counties other than the county where the authorizing municipality is located, and the organization and operation of the board, shall be subject to this division.
(Act 2015-164, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 8 - Waterworks and Sewer Boards. › Division 4 - Water Works Board Serving Counties Other Than Where Organized. › Section 11-50-301 - Reorganization and Composition.

Section 11-50-301
Reorganization and composition.
(a) Effective January 1, 2017, the water works board shall be reorganized and composed of the following members:
(1) Two of the members shall be appointed by the mayor of the authorizing municipality and four of the members shall be appointed by the municipal governing body of the authorizing municipality. All of these members shall be residents of the authorizing municipality and water customers of the board.
(2) One additional board member shall be appointed by the association of mayors in the county where the authorizing municipality is located if there is an organized incorporated countywide association of mayors or by the mayors of the county acting jointly if not. This member shall hereafter be referred to as the board member appointed by the association of mayors. The board member shall reside outside of the corporate limits of the authorizing municipality and shall be a resident of the county where the authorizing municipality is principally located and be a water customer of the board. Notwithstanding any other provision of this division, the person appointed as a board member by the association of mayors may only serve one full term on the board.
(3) One additional board member shall be appointed by the county commission of each county other than the county where the authorizing municipality is principally located where more than 5,000 water customers are served by the board or where the board owns a major reservoir located entirely within the county. Each board member shall be a resident of the county making the appointment.
(Act 2015-164, §2; Act 2016-276, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 8 - Waterworks and Sewer Boards. › Division 4 - Water Works Board Serving Counties Other Than Where Organized. › Section 11-50-302 - Terms of Board Members.

Section 11-50-302
Terms of board members.
(1) Except as otherwise provided in this division, after May 14, 2015, the term of members of the board shall be four years.
(2) A person appointed to fill a vacancy on the board shall serve the remainder of the term of the vacant seat.
(3) Except as provided herein, a member of the board may not be appointed to more than two full terms, including, as provided herein, any board member serving when this division becomes applicable to the board. A board member who has been appointed to two full terms on the board prior to this division becoming applicable to the board may not be appointed to an additional term and a board member who has been appointed to one full term prior to this division becoming applicable to the board may be appointed to one additional term on the board. All board members shall continue to serve until a successor is appointed and qualified.
(Act 2015-164, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 8 - Waterworks and Sewer Boards. › Division 4 - Water Works Board Serving Counties Other Than Where Organized. › Section 11-50-303 - Compensation; Ethics Requirements; Rate Increases; Open Meetings.

Section 11-50-303
Compensation; ethics requirements; rate increases; open meetings.
(a) Notwithstanding any other provision of law, including Section 11-50-234.1, no member of the board may receive any compensation that exceeds one thousand dollars ($1,000) per month. In addition, the members shall be entitled to any additional personal expenses for the member only or expense allowance for personal travel or other personal expenses for the member related to the duties of their office upon approval by a roll call vote of a majority of the board members in an open meeting of the board. No member of the board may be reimbursed for any expenditure for alcoholic beverages or entertainment. Records relating to each expense voucher shall be itemized as to any expense and shall be a public record and placed on the website of the board.
(b)(1) All members of the board and employees of the board shall be subject to the State Ethics Law, Chapter 25 of Title 36. No consultant or party contracting with or doing business with the board may expend any funds on entertainment of a board member.
(2) No member of the board shall be an elected official.
(c) No increase in rates for water may be adopted by the board unless notice of the meeting at which the rate increase is to be considered is given at least 30 days prior to the meeting in the same manner as provided in the Alabama Open Meeting Act and a public hearing is held at the meeting prior to any vote on the rate increase. Notice of the meeting shall also be given by posting a notice of the meeting on the website of the board at least 30 days in advance of the board meeting.
(d) The board shall otherwise be subject to Chapter 25A of Title 36, the Alabama Open Meetings Act.
(Act 2015-164, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 8 - Waterworks and Sewer Boards. › Division 4 - Water Works Board Serving Counties Other Than Where Organized. › Section 11-50-304 - Exceptions.

Section 11-50-304
Exceptions.
This division shall not apply to a municipal utilities board which operates a water works system and an electric distribution system and does not apply to an entity which only serves wholesale water customers.
(Act 2015-164, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-310 - Definitions.

Section 11-50-310
Definitions.
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 domestic or industrial use or both or a plant or system for the purchase, transportation, and/or distribution of water for domestic or industrial use or both, together with all appurtenances thereto and all property used or useful in connection therewith, including franchises.
(2) SEWER SYSTEM. A sanitary sewer system, including mains, laterals, sewage disposal plants, or sewage treatment plants and all appurtenances to such system and all property used or useful in connection therewith, including franchises.
(3) GAS SYSTEM. A plant and system for the manufacture and distribution of gas or a system for the purchase, transportation, and/or distribution of manufactured or natural gas, together with all appurtenances thereto and all property used or useful in connection therewith, including franchises.
(4) ELECTRIC SYSTEM. A plant and system for the generation, manufacture, and distribution of electricity or a system for the purchase, transportation, and/or distribution of electricity, together with all appurtenances thereto and all property used or useful in connection therewith, including franchises.
(5) SYSTEM. A water system or a sewer system, or a gas system or an electric system.
(6) SYSTEMS. More than one system.
(Acts 1951, No. 175, p. 416, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-311 - Application for Authority to Incorporate; Adoption of Resolution by Municipal Governing Body Authorizing Incorporation.

Section 11-50-311
Application for authority to incorporate; 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 of this state an application in writing for authority to incorporate a public corporation for the purpose of operating a water system, a sewer system, a gas system, and an electric system or any one or more of such systems, and if it shall be made to appear to such governing body that each of said persons is a duly qualified elector of and owner of property in said municipality and if the governing body of said municipality shall adopt a resolution, which shall be duly entered upon the minutes of such governing body, wherein it shall be declared that it is wise, expedient, and necessary that such a corporation be formed and that the persons filing said application shall be authorized to proceed to form such corporation, then said persons shall proceed to organize such a corporation by executing and filing for record in the office of the judge of probate of the county or one or more of the counties in which such municipality is located a certificate of incorporation as provided in Section 11-50-312. No corporation shall be formed hereunder unless the application provided for in this section shall be made and unless the resolution provided for in this section shall be adopted.
(Acts 1951, No. 175, p. 416, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-315 - Execution, etc., of Contracts as Security for Repayment of Moneys Borrowed.

Section 11-50-315
Execution, etc., of contracts as security for repayment of moneys 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 part or parts thereof, for the imposition and collection of reasonable rates for and the promulgation of reasonable regulations respecting any service furnished from its system or systems, for the disposition and application of its gross revenues or any part thereof, and for any other act or series of acts not inconsistent with the provisions of this article for the protection of the loan and the assurance that the revenues from its system or systems will be sufficient to operate such system or systems, maintain the same in good repair and in good operating condition, pay the principal of and interest on any bonds payable from such revenues, and maintain such reserves as may be deemed appropriate for the protection of the loan and the efficient operation of such system or systems.
(Acts 1951, No. 175, p. 416, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-317 - Pledge of Revenues From and Mortgaging of Systems for Payment of Bonds.

Section 11-50-317
Pledge of revenues from and mortgaging of systems for payment of 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 of the revenues from all systems owned by the corporation or out of the revenues from any one or more systems owned by the corporation, and any such corporation may pledge for the payment of any of its bonds the revenues from which such bonds are payable and may mortgage, pledge, or otherwise convey as security for such bonds the system or systems the revenues from which are so pledged.
(Acts 1951, No. 175, p. 416, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-318 - Disposition of Proceeds From Sale of Bonds.

Section 11-50-318
Disposition of proceeds from sale of bonds.
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 engineering, legal, and other expenses incidental thereto and, in the case of bonds issued in whole or in part for construction of a system or any part thereof, interest on such bonds or, if a part only of the bonds are issued for the purpose of such construction, on the part of such bonds issued for that purpose, prior to and during such construction and for not exceeding one year after completion of such construction and, in the case of bonds issued by such corporation for the purpose of refunding outstanding bonds of such corporation, any premium which it may be necessary to pay in order to redeem or retire the bonds to be refunded.
(Acts 1951, No. 175, p. 416, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-319 - Exemption From Usury and Interest Statutes.

Section 11-50-319
Exemption from usury and interest statutes.
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 Code.
(Acts 1975, No. 1151, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-320 - Acquisition, Operation, etc., of Systems Located in Another Municipality; Execution of Contract for Conveyance of System in Other Municipality Thereto Upon Payment in Full of Indebtedness of Corporation as to Such Systems.

Section 11-50-320
Acquisition, operation, etc., of systems located in another 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 article, in addition to all other powers conferred on it by this article and by law, is hereby further authorized and empowered to acquire, by purchase from the owner or owners thereof, or to construct, or to acquire and construct all or any part of a system or systems, and any rights incidental thereto, located within the limits of any incorporated municipality in this state other than the municipality within which such corporation was organized to operate, and thereafter to manage, operate, extend, enlarge, lease, mortgage, convey, and otherwise control the same as a part of its system or systems in the municipality within which such corporation was organized to operate, in all respects as if the properties so purchased were located in the municipality within which such corporation was organized to operate.
(b) Any such corporation may and is hereby further authorized and empowered to enter into a contract with such other municipality providing that when such corporation shall have paid all indebtedness incurred by it for the system or systems acquired by it and located in such other municipality (other than for operating expenses), then it shall thereupon convey to such other municipality the entire system or systems and all rights incidental thereto which may be owned by it and which may be located within the limits of such other municipality and also any property located outside of such other municipality which may be owned by it and which may be necessary for the operation therein of such system, all as may be provided in such contract. If any such contract shall be so made, then upon payment in full by such corporation of all such indebtedness, such corporation shall thereupon convey to such other municipality the properties and rights so agreed to be conveyed under the provisions of such contract.
(Acts 1951, No. 175, p. 416, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-321 - Consolidation of Systems.

Section 11-50-321
Consolidation of systems.
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 water, sewer, gas, or electric) and provide for the operation, maintenance, and repair of the systems so consolidated as one combined and consolidated system, the keeping of books and records for one combined system and the borrowing of money for any purpose authorized by law and the issuance of revenue bonds payable from the revenues of the combined system, or such corporation may keep and operate any one or all of its systems separate from its other systems. One combination and consolidation of systems shall not prevent other combinations and consolidations of other systems or the combination and consolidation of another system or systems with said consolidated system.
(Acts 1951, No. 175, p. 416, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-322 - Exemption From Taxation of Bonds, Property, and Income of Corporation; Other Exemptions.

Section 11-50-322
Exemption from taxation of bonds, property, and income of 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 and mortgages and indentures of trust by or to each such corporation shall be exempt from all taxation in the State of Alabama. Each such corporation shall also be exempt from all sales and use taxes and gross receipts taxes levied by the state and any political subdivision thereof with respect to the purchase, sale, use, or consumption of property; provided, however, that the provisions of this section shall not be construed to exempt any such corporation from the privilege or license tax levied by Section 40-21-82 or the excise tax levied by Section 40-21-102; and provided, further, that any such sales, use, or gross receipts taxes that may have been paid to the state or any political subdivision thereof by a corporation that was formed or the certificate of incorporation of which is amended under this article shall not be subject to refund.
(Acts 1951, No. 175, p. 416, §12; Acts 1994, No. 94-711, p. 1380, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-323 - Construction of Article; Jurisdiction, etc., of State Board of Health and State Public Service Commission.

Section 11-50-323
Construction of article; jurisdiction, etc., of State Board of Health and 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 organized or the certificate of incorporation of which is amended under the provisions of this article may have in the absence thereof, but shall be construed as cumulative and independent of any such power, right, or remedy. No proceedings, notice, or approval shall be required for the incorporation of such corporation or the amendment of its articles of incorporation, the acquisition of any property or systems or the making of any loans or the issuance of bonds or instruments in evidence thereof or as security therefor, except as prescribed in this article, any other law to the contrary notwithstanding; provided, however, that nothing in this article shall be construed to suspend the jurisdiction of the State Board of Health as may be otherwise provided by law. Every corporation organized under Sections 11-50-230 through 11-50-241, as amended, or organized or the certificate of incorporation of which is amended under the provisions of this article shall be exempt from all jurisdiction of and regulation by the Alabama Public Service Commission.
(Acts 1951, No. 175, p. 416, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 9 - Boards for Operation of Water, Sewer, Gas and Electric Systems. › Section 11-50-324 - Applicability of Provisions of Sections 11-50-230 Through 11-50-273 and Sections 37-4-60 Through 37-4-65.

Section 11-50-324
Applicability of provisions of Sections 11-50-230 through 11-50-273 and 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 sections or under said sections and Sections 11-50-260 through 11-50-273, as amended, shall continue in existence and shall continue to have and exercise all powers, authorities, rights, privileges, franchises, functions, and duties, subject to the restrictions and limitations provided for in said sections, as amended, except that such corporations by amending their certificates of incorporation as provided in this article may come under and be governed and controlled by all provisions of this article as fully as if originally incorporated under this article.
Nothing in this article shall be construed as repealing any section or provision of Sections 37-4-60 through 37-4-65 or Sections 11-50-266 through 11-50-270; but said sections shall apply to the acquisition of competing electric systems and gas systems by any corporations organized or the certificate of incorporation of which is amended under the provisions of this article as fully as to municipalities and other governmental agencies and to boards incorporated under the provisions of Sections 11-50-230 through 11-50-241, as amended, and Sections 11-50-260 through 11-50-273.
(Acts 1951, No. 175, p. 416, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-341 - Creation.

Section 11-50-341
Creation.
(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 "Board of Water and Sewer Commissioners of the City of _____" (inserting the name of the city) and the temporary address of its principal office.
(3) The names of the persons appointed by the council as members of such board and the expiration of their respective terms of office.
(4) The determination by the council whether the water system of the city or the sewer system of the city or both such systems shall be transferred to the board and the consideration to be received for such transfer.
(b) A copy of such ordinance shall be published once in a newspaper published and having a general circulation in such city, accompanied by a notice signed by the city clerk stating the time and place at which the council will hold a public hearing on the final adoption of such ordinance, such time to be fixed by the council and to be not earlier than 10 days after the publication of such ordinance. After such hearing, which may be adjourned from time to time by the council, the council may finally adopt such ordinance with such amendments, if any, as it may deem advisable.
(c) Upon the final adoption of such ordinance by the council, a copy thereof, certified by the city clerk, and an affidavit showing the publication of such ordinance and accompanying notice as required in subsection (b) of this section shall be filed in the office of the judge of probate of the county or counties where such city is located, who shall issue a certificate reciting that such board has been created and established under the provisions of this article, and thereupon such board shall be conclusively deemed to be lawfully and properly created and established and authorized to execute its powers under this article. The judge of probate shall file a notice of the organization of such board with the Secretary of State.
(Acts 1951, No. 775, p. 1359, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-344 - Transfer of Existing Water or Sewer Systems to Board; Powers of Board as to Conveyance, etc., of Title to Systems.

Section 11-50-344
Transfer of existing water or sewer systems to board; powers of board 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 11-50-241 are each hereby authorized and empowered, without the necessity of authorization of an election by the qualified voters of said city, to transfer and convey to such board of water and sewer commissioners all or any part of any water system or sewer system or both such systems then owned and operated by such city or by such waterworks board for such considerations and upon such terms and conditions as may be mutually agreed upon; provided, however, that any such transfer or conveyance shall be subject to all bonds, mortgages, and other obligations, including revenue bonds, then outstanding which shall have theretofore been issued by such city or by such waterworks board and to all obligations under contracts which shall have theretofore been entered into by such city or such waterworks board in connection with the water system or sewer system or part thereof so transferred and conveyed, and such board of water and sewer commissioners as successors in interest of the city or of such waterworks board in and to the properties so transferred and conveyed shall assume the payment of all such bonds and obligations and the performance of the terms of all such contracts, and the employees of such city or of such waterworks board whose work is directly related to the properties so transferred and conveyed shall, insofar as practicable, continue to perform the same duties as theretofore without reduction in compensation and without impairment of the civil service, seniority, or retirement rights of such employees. The instrument effectuating any such transfer and conveyance may impose any conditions deemed advisable in connection with the management, operation, maintenance, and repair of the properties so transferred and conveyed.
Nothing contained in this section shall be construed as permitting such board of water and sewer commissioners to transfer title to such properties or to encumber the same in such manner that title may become vested in private ownership.
(Acts 1951, No. 775, p. 1359, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-347 - Provisions in Resolutions for Issuance of Revenue Bonds or Trust Agreements Securing Same as Payment of Rates, Fees, or Charges for Services.

Section 11-50-347
Provisions in resolutions for issuance of revenue bonds or trust 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 the board to adopt such resolutions or to take such other lawful action as shall be necessary to effectuate such provisions, and the board is hereby authorized to adopt such resolutions and to take such other action:
(1) That the board may require the owner, tenant, or occupant of each lot or parcel of land who is obligated to pay rates, fees, or charges for the use of or for the services furnished by any water system or sewer system acquired or constructed by the board under the provisions of this article to make a reasonable deposit with the board in advance to insure the payment of such rates, fees, or charges and to be subject to the application to the payment thereof if and when delinquent.
(2) That if the rates, fees, or charges for the use of or for the services furnished by any water system or sewer system acquired or constructed by the board under the provisions of this article shall not be paid within 30 days after the same shall become due and payable, the board may at the expiration of such 30-day period disconnect the premises from the water system or otherwise suspend services, and the board may proceed to recover the amount of any such delinquency with interest in a civil action.
(Acts 1951, No. 775, p. 1359, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-348 - Liability Upon Revenue Bonds, etc.; Payment of Bonds and Expenses.

Section 11-50-348
Liability upon revenue bonds, etc.; payment of bonds and expenses.
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 contain on the face thereof a statement to the effect that neither the city nor the board shall be obligated to pay the same or the interest thereon except from revenues of the water system or sewer system in connection with which they are issued and that neither the faith and credit nor the taxing power of the city is pledged to the payment of the principal of or the interest on such bonds.
All expenses incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article, and no liability or obligation shall be incurred by the board under this article beyond the extent to which moneys shall have provided under the provisions of this article.
(Acts 1951, No. 775, p. 1359, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-349 - Remedies of Bondholders and Trustees.

Section 11-50-349
Remedies of bondholders and trustees.
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 such bonds or such trust agreement, may, either by civil action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the state or granted under this section or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this article or by such resolution or trust agreement to be performed by the board or by any officer thereof including the fixing, charging, and collecting of rates, fees, and charges for the use of or for the services and facilities furnished by the water system or sewer system.
(Acts 1951, No. 775, p. 1359, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-350 - Revenue Refunding Bonds.

Section 11-50-350
Revenue refunding bonds.
(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, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds and, if deemed advisable by the board, for the additional purpose of constructing improvements, extensions, or enlargements of the water system or sewer system in connection with which the bonds to be refunded shall have been issued.
(b) The board is further authorized to provide by resolution for the issuance of its revenue bonds for the combined purpose of:
(1) Refunding any bonds then outstanding which shall have been assumed by the board or shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and
(2) Paying all or any part of the cost of acquiring or constructing any additional water system or sewer system or part thereof or any improvements, extensions, or enlargements of any water system or sewer system.
(c) The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the board in respect of the same shall be governed by the provisions of this article insofar as the same may be applicable.
(Acts 1951, No. 775, p. 1359, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-352 - Adoption, etc., of Rules and Regulations as to Connection of Buildings to Sewers.

Section 11-50-352
Adoption, etc., of rules and regulations as to connection of buildings 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 connected with such sewage disposal system and upon which lot or parcel a building shall have been constructed for residential, commercial, or industrial use shall, if so required by the rules and regulations of the board or by the council, connect such building with such sewer and shall cease to use any other method for the disposal of sewage, sewage waste, or other polluting matter.
All such connections shall be made in accordance with rules and regulations which shall be adopted from time to time by the board, which rules and regulations may provide for a charge for making any such connection in such reasonable amount as the board may fix and establish.
(Acts 1951, No. 775, p. 1359, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-353 - Moneys Received Under Article Deemed Trust Funds; Provisions in Trust Agreements or Resolutions for Issuance of Bonds as to Trustees.

Section 11-50-353
Moneys received under article deemed trust funds; provisions in 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 article.
The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer with whom or any bank, trust company, or other fiscal agent with which such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this article and such resolution or trust agreement may provide.
(Acts 1951, No. 775, p. 1359, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-354 - Exemption From Taxation of Systems, Revenue Bonds, Etc.

Section 11-50-354
Exemption from taxation of systems, revenue bonds, etc.
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 sewer systems constitute public property and are used for public purposes, the board shall not be required to pay any taxes or assessments upon any system or any part thereof, whether located within or without the corporate limits of the city. Each water system shall also be exempt from all sales and use taxes and gross receipts taxes levied by the state and any political subdivision thereof with respect to the purchase, sale, use, or consumption of property provided, nothing contained herein shall be construed to exempt each corporation from collecting and remitting the utility gross receipts tax levied in Section 40-21-80. Any revenue bonds issued under this article and their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state.
(Acts 1951, No. 775, p. 1359, §14; Acts 1995, No. 95-688, p. 1498, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-355 - Annual Reports and Audits; Conflicts of Interest of Members, Agents, or Employees of Board; Vesting of Title to Systems in City and Dissolution of Board Upon Payment, etc., of Bonds, etc., in Full.

Section 11-50-355
Annual reports and audits; conflicts of interest of members, agents, or 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 city. Each such report shall set forth a complete operating and financial statement covering its operation during such fiscal year. The board shall cause an audit of its books and accounts to be made at least once in each year by a certified public accountant or an auditor who is regularly employed by the State Examiner of Public Accounts, and the cost thereof may be treated as a part of the cost of operation.
(b) Any member, agent, or employee of the board who contracts with the board or is interested, either directly or indirectly, in any contract with the board or in the sale of any property, either real or personal, to the board shall be guilty of a misdemeanor.
(c) When all of the bonds and other obligations assumed by the board and all the revenue bonds issued by it shall have been fully paid or provisions for such payment shall have been made, then all properties, whether tangible or intangible, then owned and operated by the board shall become the property of the city, and all rights of the board in and to the same shall thereupon immediately vest in the city, and the board shall be automatically dissolved.
(Acts 1951, No. 775, p. 1359, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-356 - Provisions of Article Cumulative; Issuance of Revenue Bonds and Revenue Refunding Bonds.

Section 11-50-356
Provisions of article cumulative; issuance of revenue bonds and 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 as in derogation of any powers now existing; provided, however, that the issuance of revenue bonds or revenue refunding bonds under the provisions of this article need not comply with the requirements of any other law applicable to the issuance of bonds.
(Acts 1951, No. 775, p. 1359, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-357 - Article to Be Liberally Construed.

Section 11-50-357
Article to be liberally construed.
This article, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.
(Acts 1951, No. 775, p. 1359, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 10 - Boards of Water and Sewer Commissioners. › Section 11-50-358 - Conflicting Laws.

Section 11-50-358
Conflicting laws.
All other general or special laws or parts thereof inconsistent herewith are hereby declared to be inapplicable to the provisions of this article.
(Acts 1951, No. 775, p. 1359, §20.)