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 1 - General Provisions. › Section 11-50-14 - Agreements With Boards; Conditions, etc., in Instruments of Transfer as to Control, Operation, etc., of Plants, etc., by Boards; Powers of Boards as to Conveyance, etc., of Title to Plants.

Section 11-50-14
Agreements with boards; conditions, etc., in instruments of transfer as to control, operation, etc., of plants, etc., by boards; powers of boards as to conveyance, etc., of title to plants.
(a) The governing body of such municipality is hereby authorized to enter into any agreements with such board which may be necessary or appropriate in order to effectuate such transfer and, in the instrument of transfer, may impose any conditions or stipulations deemed advisable by its governing body and not inconsistent with the provisions of this section and Section 11-50-13 respecting the subsequent control, management, operation, extension, and improvement by such board of the plant or plants and system or systems so transferred to it.
(b) Nothing contained in this section and Section 11-50-13 shall be construed to authorize any such board to convey any plant or system which may be transferred to it by a municipality so as to vest title thereto in private ownership and control; provided, however, that title to such plant and system may be subjected to a mortgage, deed of trust, or pledge agreement as security for repayment of money borrowed by such board.
(Acts 1951, No. 190, p. 453, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 1 - General Provisions. › Section 11-50-15 - Fees of Directors.

Section 11-50-15
Fees of directors.
In any instance where a public corporation heretofore or hereafter organized pursuant to the provisions of Sections 11-50-231 through 11-50-238, 11-50-240 and 11-50-241, or under the provisions of Sections 11-50-310 through 11-50-318 and 11-50-320 through 11-50-324 owns and operates one or more utility systems, the board of directors of such corporation may at its election authorize the payment by such corporation of the following directors' fees to the members of the board of directors in lieu of the directors' fees authorized in the statute under which such corporation was organized. No fee shall be paid to any director for services rendered with respect to a sanitary sewer system. In any instance when the system or systems owned and operated by the corporation are any one or more of a water system, a gas system, and an electric system, the chair of the board of directors may be paid a director's fee in an amount not exceeding six hundred dollars ($600) per meeting attended, not to exceed seven thousand two hundred dollars ($7,200) per year, for one system and twenty-five dollars ($25) each meeting for each additional system, and each member of the board of directors other than the chair may be paid a director's fee in an amount not exceeding four hundred dollars ($400) per meeting attended, not to exceed four thousand eight hundred dollars ($4,800) per year, for each system and twenty dollars ($20) each meeting attended, not to exceed four thousand eight hundred dollars ($4,800) per year, for each additional system.
Upon the adoption of a resolution by the board of directors of such corporation electing to come within the provisions of this section and fixing the amount of the directors' fees to be paid within the limitations set forth in this section, the corporation shall thereafter be authorized to pay the fees so fixed.
Nothing in Act 2007-458 and nothing in Act 2010-580 shall apply to the City of Montgomery, the City of Prichard Water and Sewer Board, the City of Cullman, or the City of Mobile.
The amendatory provisions of this section as provided in Act 2010-580 and in Act 2007-458 shall not affect the current board director and member fees in the City of Birmingham.
(Acts 1953, No. 850, p. 1141; Acts 1981, No. 81-688, p. 1159; Act 2007-458, p. 946, §§1-3; Act 2010-580, p. 1291, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 1 - General Provisions. › Section 11-50-17 - Payment of Interest by Waterworks Boards in Class 1 Municipalities on Customer Security Deposits.

Section 11-50-17
Payment of interest by waterworks boards in Class 1 municipalities on customer security deposits.
Any public water works board in a Class 1 municipality in the state shall pay interest per annum on all customer security deposits required for utility service. The amount of interest paid for each calendar year shall be at the federal funds rate in effect on December 31 of the preceding calendar year.
(Acts 1980, No. 80-327, p. 448; Act 2011-336, p. 609, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 2 - Acquisition of Water Supply by Foreign Municipal Corporations. › Section 11-50-30 - Acquisition, etc., by Foreign Municipalities of Property Necessary to Afford Adequate Water Supply Authorized.

Section 11-50-30
Acquisition, etc., by foreign municipalities of property necessary to afford adequate water supply authorized.
Any city or town located in any state adjoining the State of Alabama which is duly incorporated by the laws of the state wherein such town or city is located may acquire, own, take, and dispose of any property, real or personal, in this state, that may be necessary or appropriate for affording such town or city and the inhabitants thereof an adequate water supply to be drawn from a source located in this state.
(Code 1907, §1443; Code 1923, §2299; Code 1940, T. 37, §387.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 2 - Acquisition of Water Supply by Foreign Municipal Corporations. › Section 11-50-31 - Rights and Powers of Domestic Municipal Corporations as to Acquisition, Maintenance, etc., of Waterworks Systems Conferred Upon Foreign Municipal Corporations.

Section 11-50-31
Rights and powers of domestic municipal corporations as to 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 property needful for the location, maintenance, security, and operation of a complete system of waterworks, including the ownership of such watersheds, rights-of-way, and easements in property and the construction of such dams, canals, raceways, and reservoirs and the laying of such pipes, conduits, and mains as is necessary and proper to render a public water supply available for use are hereby conferred upon such foreign municipal corporations as may wish to procure a public water supply from this state in accordance with the provisions of this article.
(Code 1907, §1444; Code 1923, §2300; Code 1940, T. 37, §388.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 2 - Acquisition of Water Supply by Foreign Municipal Corporations. › Section 11-50-32 - Rights and Powers of Foreign Municipal Corporations to Contract With Persons, Municipal Corporations, etc., Within State for Water Supply.

Section 11-50-32
Rights and powers of foreign municipal corporations to contract with 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 corporation, or private corporation located in this state for a supply of water, upon such terms as may be mutually satisfactory and not repugnant to the Constitution and laws of this state, in the same manner and to the same extent as an individual or private corporation may contract for such water supply.
(Code 1907, §1445; Code 1923, §2301; Code 1940, T. 37, §389.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 2 - Acquisition of Water Supply by Foreign Municipal Corporations. › Section 11-50-33 - Consent of Counties and Municipalities Required.

Section 11-50-33
Consent of counties and municipalities required.
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 of said incorporated municipality shall be first obtained.
(Code 1907, §1449; Code 1923, §2305; Code 1940, T. 37, §393.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 2 - Acquisition of Water Supply by Foreign Municipal Corporations. › Section 11-50-34 - Exercise of Jurisdiction Over Territory Acquired by Foreign Municipalities Generally.

Section 11-50-34
Exercise of jurisdiction over territory acquired by foreign 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.
(Code 1907, §1447; Code 1923, §2303; Code 1940, T. 37, §391.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 2 - Acquisition of Water Supply by Foreign Municipal Corporations. › Section 11-50-35 - Exemption From Levy, Attachment, etc., of Property of Foreign Municipal Corporations.

Section 11-50-35
Exemption from levy, attachment, etc., of property of foreign municipal 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 corporations located in and existing under the laws of this state are exempt.
(Code 1907, §1446; Code 1923, §2302; Code 1940, T. 37, §390.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 2 - Acquisition of Water Supply by Foreign Municipal Corporations. › Section 11-50-36 - Taxation of Property Acquired by Foreign Municipalities.

Section 11-50-36
Taxation of property acquired by foreign municipalities.
The property so acquired by any foreign municipality shall be subject to taxation in this state as the property of individuals and private corporations.
(Code 1907, §1448; Code 1923, §2304; Code 1940, T. 37, §392.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 1 - General Provisions. › Section 11-50-50 - Construction and Maintenance of Sewers, Drains, etc., by Municipalities Authorized.

Section 11-50-50
Construction and maintenance of sewers, drains, etc., by municipalities authorized.
All cities and towns may make all needful provisions for the drainage of such city or town, may construct and maintain efficient sanitary and stormwater sewers or sewer systems, either within or without the corporate limits of the city or town, may construct and maintain ditches, surface drains, aqueducts, and canals and may build and construct underground sewers through private or public property, either within or without the corporate limits of such city or town, but just compensation must first be made for the private property taken, injured, or destroyed.
(Code 1907, §1302; Code 1923, §2076; Code 1940, T. 37, §601.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 1 - General Provisions. › Section 11-50-51 - Condemnation of Easements, Etc.

Section 11-50-51
Condemnation of easements, etc.
Cities and towns may acquire, whenever necessary, the requisite rights and easements by condemnation in the manner prescribed by the Constitution and laws of Alabama for the condemnation of lands for the public use.
(Code 1907, §1303; Code 1923, §2077; Code 1940, T. 37, §602.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 1 - General Provisions. › Section 11-50-52 - Extension or Alteration of Sewer System, Etc.

Section 11-50-52
Extension or alteration of sewer system, etc.
Any city or town may extend or alter its sewer system and extend the mains whenever in the opinion of the city or town it may be necessary or expedient to do so, and such city or town may extend the mains to any point in the county in which it is situated, and for these purposes, the said city or town shall have and exercise the full rights of eminent domain and may acquire such lands or easements therein and the uses of such waterways as may be necessary by the proceedings provided by law for acquiring private property for public uses.
(Code 1907, §1292; Code 1923, §2050; Code 1940, T. 37, §603.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 1 - General Provisions. › Section 11-50-53 - Regulation, Installation, etc., of Drainage and Sewer Connections Generally.

Section 11-50-53
Regulation, installation, etc., of drainage and sewer connections generally.
All cities and towns of this state shall have the power to establish or build drains and may require private or public premises to be connected with the sewer system for proper drainage or sanitation and shall have the power to regulate the manner of connection therewith. They shall also have the power to adopt and enforce all such laws, ordinances, and resolutions necessary to compel the owners of real property to ditch and drain the same at such owner's expense and to punish any neglect of such owner or person in charge of said lots or property, and on failure of the owner after 10 days' notice to do so, the city or town may ditch and drain such premises at the expense of such owner, the same to be a lien on such property to be collected as other debts are collected or liens enforced. The notice required by this section shall be by personal service or by posting a notice on the premises.
(Code 1907, §1283; Code 1923, §2040; Code 1940, T. 37, §604.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 1 - General Provisions. › Section 11-50-54 - Regulation, Installation, etc., of Drainage, Plumbing, Sewer Connections, Etc.

Section 11-50-54
Regulation, installation, etc., of drainage, plumbing, sewer connections, etc.
All cities and towns of this state shall have the power to prescribe the location and manner in which drainage from private premises may be disposed of and to prescribe the manner in which plumbing shall be constructed and to forbid the use of the same while out of order or defective and may discontinue or forbid the use of sinks, pits, cesspools, dry wells, and surface closets and may regulate and compel the connection of private or public premises with the sewer system of the town or city, and the council or other governing body shall have the power to punish the owner of any property who shall fail to make such connection, after 10 days' notice to do so, and shall also have the power to prevent the lease, rental, or use of any property after notice that such connections have been required until the same shall have been made. If such owner fails or refuses, after 10 days' notice, to make the connection, the town or city may cause the same to be made at such owner's expense, and the cost thereof shall be a lien on such property, prior to all other liens, except for taxes, and the same may be collected as other debts are collected or liens enforced. The notice to make the connection provided for in this section must be given in writing to the owner, agent or occupant of the premises.
(Code 1907, §1286; Code 1923, §2043; Code 1940, T. 37, §605.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 1 - General Provisions. › Section 11-50-55 - Regulation, Installation, etc., of Privies, Water Closets, Septic Tanks, etc.; Preparation and Filing of Statement as to Installation, etc., of Privies, Water Closets, Etc.

Section 11-50-55
Regulation, installation, etc., of privies, water closets, septic tanks, etc.; preparation and filing of statement as to installation, etc., of privies, water closets, etc.
All cities and towns of this state shall have the power to regulate privies, water closets, and septic tanks and the construction thereof and to compel the installation of same and to regulate the connection of such water closets with such septic tanks or with the sewerage system of the city or town; and, in case of failure to install or connect after reasonable notice, then the city or town may install proper privies, water closets, or septic tanks as it deems advisable and connect such water closets with such septic tanks or with the sewerage system of the city or town, the expense of same to be assessed against the property and the cost thereof to be a lien upon the property in favor of the city or town, superior to all other liens, to be collected as other debts are collected or liens enforced.
When privies, water closets, or septic tanks are installed and connections made by the city or town under the provisions of this section, the mayor or other chief executive officer of such city or town shall prepare a statement in writing setting forth the name of the owner and a description of the property upon which the improvements have been made, together with the cost of the installation of such privies, water closets, or septic tanks and sanitary connections, and the statement must be signed by the mayor or other chief executive officer in his official capacity and filed with the probate judge in the county in which such property is situated for record in the mortgage records of the county. The filing of such statement shall operate as notice of such lien from the date of its filing.
(Code 1907, §1293; Acts 1909, No. 162, p. 175; Code 1923, §2051; Acts 1927, No. 44, p. 41; Acts 1935, No. 443, p. 918; Code 1940, T. 37, §606.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 1 - General Provisions. › Section 11-50-56 - Giving of Notice Under Provisions of Division.

Section 11-50-56
Giving of notice under provisions of division.
Whenever in the exercise of any power granted under this division notice is required to be given, the mayor and aldermen or other governing body may designate a person or persons to give such notice, who shall be a bonded officer of the municipality, and to make returns upon the same, and such return shall be prima facie evidence of such notice.
Personal notice to nonresidents shall not be necessary, and the mayor and aldermen or other governing body may provide and fix the character of the publication of notice to nonresidents, which shall be given by publication once a week for three weeks or by posting for the same time in three public places in said city or town where no newspaper is published therein.
Whenever any notice to a resident property owner is returned not found, the mayor and aldermen or other governing body may prescribe and issue alias notices to be served as in the case of the original notice. Two returns of "not found" as to a resident property owner shall authorize the mayor and aldermen or other governing body to proceed to give notice to such resident property owner by publication as herein required to be given to nonresidents.
(Code 1907, §1308; Code 1923, §2082; Code 1940, T. 37, §607.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-70 - "Council" Defined.

Section 11-50-70
"Council" defined.
The term "council," as used in this division, shall mean the council, mayor and aldermen, or other governing body.
(Acts 1923, No. 165, p. 134; Code 1923, §2084; Code 1940, T. 37, §609.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-71 - Authorized.

Section 11-50-71
Authorized.
All cities and towns in this state shall have authority to purchase sanitary sewers or sanitary sewer systems already constructed and draining territory within their corporate limits, although the trunk sewers and disposal plants thereof may be located outside their corporate limits, and to cause the purchase price of said sewers or sewer systems with the disposal plants, together with the cost of improvements made thereon, to be assessed against the property abutting on the streets, avenues, alleys, highways, or other public places so improved or drained by said sewers or sewer systems to the extent of the increase of the value of such property by reason of the special benefits derived from such sewers or sewer systems and from the purchase of the same by the municipality.
(Acts 1923, No. 165, p. 134; Code 1923, §2083; Code 1940, T. 37, §608.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-72 - Adoption of Ordinance or Resolution Describing Sewer System to Be Purchased, Ordering Preparation of Maps, Profiles, etc., Thereof, Etc.

Section 11-50-72
Adoption of ordinance or resolution describing sewer system to be purchased, ordering preparation of maps, profiles, etc., thereof, etc.
When the council of any city or town shall determine to purchase any sewers or sewer system under the provisions of this division, the cost of which or any part thereof is proposed to be assessed against the property abutting on or drained by said sewers or sewer system, it shall adopt an ordinance or resolution to that effect, describing the sewers or sewer system proposed to be purchased, giving the name or names of the owner or owners of said sewers or sewer system and establishing or describing the territory or area abutting on or drained or that may be drained by such sewers or sewer system and defining the same by naming the streets, avenues, alleys, or other lines by which the same is bounded.
In said ordinance the council shall direct that the city or town engineer or such other person as may be designated in such ordinance or resolution survey said sewers or sewer system and prepare maps and profiles showing the location of such sewers or sewer system and appurtenances thereto, their sizes, grades, and the materials of which they are constructed, or they may adopt any such survey, maps and profiles, and report heretofore made by any engineer under the authority of the council.
(Acts 1923, No. 165, p. 134; Code 1923, §2085; Code 1940, T. 37, §610.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-73 - Filing of Maps, Profiles, etc., in Office of Engineer for Public Inspection.

Section 11-50-73
Filing of maps, profiles, etc., in office of engineer for public inspection.
Such maps, profiles, and information shall be placed on file in the office of the city or town engineer or other officer designated in such ordinance or resolution, where property owners who may be affected by such purchase may see and examine the same.
(Acts 1923, No. 165, p. 134; Code 1923, §2086; Code 1940, T. 37, §611.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-74 - Execution of Contract for Purchase of Sewers or Sewer System by Council; Contents and Terms Thereof.

Section 11-50-74
Execution of contract for purchase of sewers or sewer system by council; contents and terms thereof.
Thereafter the council may enter into a contract with the owner or owners of said sewers or sewer system, subject to final confirmation by the council under the provisions of this division, for the purchase of the same at a purchase price and under such terms as may be agreed upon between the parties thereto, the purchase price to be paid in whole or in part as the council may see proper by assessment against the abutting and drained property.
Such contract may prescribe when and under what conditions the title to said sewers or sewer systems shall be conveyed to the city or town; and that any bonds issued or to be issued as prescribed in this division for the cost thereof may be secured by mortgage on or deed of trust to said sewer or sewer system, in addition to the security of the assignment of the lien on the abutting or drained property provided for in this division.
(Acts 1923, No. 165, p. 134; Code 1923, §2087; Code 1940, T. 37, §612.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-75 - Passage of Ordinance or Resolution Providing for Purchase of Sewers or Sewer System, Assessment of Cost Thereof Against Abutting Lands, Date for Conduct of Hearing Upon Objections, etc., to Purchase, Etc.

Section 11-50-75
Passage of ordinance or resolution providing for purchase of sewers or sewer system, assessment of cost thereof against abutting lands, date for conduct of hearing upon objections, etc., to purchase, etc.
Thereupon, the council shall pass an ordinance or resolution providing for the purchase of said sewers or sewer systems, describing the boundaries of the area abutting on or drained by them, fixing the cost of the same to the city or town, including engineer's fees and cost of publication and providing that the cost of said sewers or sewer system or any specified portion thereof shall be assessed against all lots or parcels of land lying within the area abutting on or drained by said sewers or sewer system to the extent of the increased value of such property by reason of the special benefits derived from such sewer or sewer system and from the purchase of the same by the municipality, and in said ordinance the council shall appoint a time when the council will meet, which will be not less than two weeks after the date of the first publication of said ordinance or resolution, to hear any objections or remonstrances that may be made to the purchase of said sewers or sewer system.
(Acts 1923, No. 165, p. 134; Code 1923, §2088; Code 1940, T. 37, §613.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-76 - Publication of Ordinance or Resolution.

Section 11-50-76
Publication of ordinance or resolution.
The ordinance or resolution provided for in Section 11-50-75 must be published once a week for two consecutive weeks in some newspaper published in said city or town. If no newspaper is published therein it may be published either in a newspaper of general circulation or by posting for two weeks in three public places in such city or town.
(Acts 1923, No. 165, p. 134; Code 1923, §2089; Code 1940, T. 37, §614.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-77 - Hearing Upon Objections as to Proposed Purchase; Amendment, Modification, Rescission, etc., of Ordinance or Resolution and Contract by Council.

Section 11-50-77
Hearing upon objections as to proposed purchase; amendment, modification, rescission, etc., of ordinance or resolution and contract by council.
At the meeting to be held as provided for as specified in Section 11-50-75 or at a place and time to which the same may be adjourned, all persons whose property may be affected by said sewers or sewer system or by the proposed purchase of the same may appear in person or by attorney or by petition and object or protest against the purchase of the same, and the council shall consider each objection and protest, if any, and may confirm, amend, modify, or rescind the original ordinance or resolution and the contract of purchase made with the owner or owners of the sewers or sewer system proposed to be purchased, but if objections to the proposed purchase are made by a majority in area of the property owners against whose property the cost and expense of the proposed purchase is to be assessed, the purchase shall not take place, unless ordered by a two-thirds vote of the council. Any amendment or modification of the contract of purchase shall not be binding upon the owner or owners of the sewers or sewer system until they assent thereto in writing.
(Acts 1923, No. 165, p. 134; Code 1923, §2090; Code 1940, T. 37, §615.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-78 - Payment of Portion of Costs of Purchase by Council; Costs of Purchase Specified.

Section 11-50-78
Payment of portion of costs of purchase by council; costs of purchase specified.
The council may pay out of the general funds of the city or town or any special funds that may be provided for the purpose such portion of the cost of the proposed purchase of said sewers or sewer system as they see proper.
The cost of any sewers or sewer system purchased as contemplated by this division shall include the expenses of the preliminary and other surveys and estimates, printing and publishing of notices, resolutions and ordinances required, including notices of assessment, the purchase price of sewers or sewer systems, the cost of preparing bonds, interest on bonds when bonds have been issued in anticipation of the collection of the assessments, and any other expenses necessary for the completion of such purchase.
(Acts 1923, No. 165, p. 134; Code 1923, §2091; Code 1940, T. 37, §616.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-79 - Assessment of Cost of Sewers or Sewer System Against Abutting Lands Authorized.

Section 11-50-79
Assessment of cost of sewers or sewer system against abutting lands authorized.
If the purchase of said sewers or sewer system is finally ordered, the council may assess the cost of said sewers or sewer system or any part thereof upon and against all the lots or parcels of land within the territory or area abutting on or drained or that may be drained by such sewers, or sewer system to the extent of the increased value of such property by reason of the special benefits derived from such sewers or sewer system and from the purchase of the same by the municipality.
(Acts 1923, No. 165, p. 134; Code 1923, §2092; Code 1940, T. 37, §617.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-80 - Preparation, etc., of List of Property Owners to Be Assessed for Purchase; Entry of List in Assessment Book for Local Improvements.

Section 11-50-80
Preparation, etc., of list of property owners to be assessed for purchase; entry of list in assessment book for local improvements.
(a) When any purchase of sewers, or sewer system made under the provisions of this division is contemplated, the mayor or other chief executive officer shall cause to be prepared a roll or list showing the names of the property owners and opposite each name a description of each lot or parcel of land proposed to be assessed for such purchase belonging to such owner or owners and the amount proposed to be assessed against each lot or parcel of land.
(b) Such a list shall be entered in a well-bound book prepared for that purpose and shall contain appropriate columns in which payments may be credited and the lien of the assessment satisfied by the proper officer of the municipality. Said book shall be known as the "assessment book for local improvements" and shall be a public record, and no error or mistake in regard to the name of the owner or in the description of the property, provided the property assessed may be identified from the description used, shall be held to invalidate any assessment, and it shall be sufficient if the name of the last owner as shown by the records in the office of the judge of probate of the county is shown in said book. Said list may be kept in any book already provided by the municipality and known as the "assessment book for local improvements."
(Acts 1923, No. 165, p. 134; Code 1923, §2093; Code 1940, T. 37, §618.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-81 - Delivery of Assessment Book to City or Town Clerk; Publication of Notice as to Delivery and Inspection of Book, Hearing Upon Objections to Assessments, Etc.

Section 11-50-81
Delivery of assessment book to city or town clerk; publication of notice as to delivery and inspection of book, hearing upon objections to assessments, etc.
After the completion of the proper entries in said book, said book shall be delivered to the city or town clerk, who shall thereupon give notice by publication one time in some newspaper published in said municipality or of general circulation therein that said assessment roll or list has been delivered to him and is open for inspection in the office of the person authorized to make collection of said assessments. The notice shall state that, at the time and place therein mentioned, not less than 20 days from the date of publication, the council will meet to hear and determine any objections or defenses that may be filed to such assessment or the amount thereof. Such notice shall also state the general character of the sewers or sewer system purchased or proposed to be purchased and the territory or area abutting on, or drained, or that may be drained by said sewers or sewer system by naming the streets, avenues, alleys, or other highways or other lines by which said district is bounded.
(Acts 1923, No. 165, p. 134, Code 1923, §2094; Code 1940, T. 37, §619.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-82 - Effect and Correction of Defects or Errors in Notice.

Section 11-50-82
Effect and correction of defects or errors in notice.
If there is any defect in said notice or proceedings before or subsequent to said notice with respect to one or more interested persons, the same shall not affect such notice or proceedings except insofar as it may touch the interest or property of such person or persons and shall not avail any other person concerned therein. In case of such defect, supplementary proceedings of the same general character as those prescribed in this division may be had in order to supply such defects.
(Acts 1923, No. 165, p. 134; Code 1923, §2095; Code 1940, T. 37, §620.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-83 - Filing of Written Objections, etc., to Proposed Assessments by Property Owners.

Section 11-50-83
Filing of written objections, etc., to proposed assessments by property owners.
The owners of any real estate or any interest therein which it is proposed to assess for the cost or any part thereof of said sewer or sewers or sewer system, may appear at any time on or before the date named in the notice provided for in Section 11-50-81 or at the meeting mentioned therein and file in writing with the clerk or in his office any objections or defense to the proposed assessment against said property or to the amount thereof. Persons who do not file objections in writing or protests against such assessment on or before the date named in said notice shall be held to have consented to the same.
(Acts 1923, No. 165, p. 134; Code 1923, §2096; Code 1940, T. 37, §621.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-84 - Hearing Upon Objections, etc., to Assessments.

Section 11-50-84
Hearing upon objections, etc., to assessments.
The council shall hear and pass upon all objections and protests against the proposed assessment under such reasonable rules and regulations as they may adopt and, by the mayor or clerk or other executive officer, may issue subpoenas for witnesses to appear before the council or any committee thereof and may administer oaths to the witnesses to be examined.
(Acts 1923, No. 165, p. 134; Code 1923, §2097; Code 1940, T. 37, §622.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-85 - Fixing of Amount of Assessments by Council and Effect Thereof.

Section 11-50-85
Fixing of amount of assessments by council and effect thereof.
At such meeting or any adjourned meeting, the council shall proceed by order or resolution to fix the amount of the assessment against each lot or tract of land described and included in said assessment roll, and all such assessments from the date of such order or resolution shall be and constitute a lien on the respective lots or parcels of land upon which they are levied, superior to all other liens, except those of the state and county for taxes.
(Acts 1923, No. 165, p. 134; Code 1923, §2098; Code 1940, T. 37, §623.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-86 - Assignment and Transfer of Assessment Liens.

Section 11-50-86
Assignment and transfer of assessment liens.
The council of each city or town may transfer and assign such assessment liens to the owner or owners of the sewer or sewers or sewer system from whom purchased or to any other person.
(Acts 1923, No. 165, p. 134; Code 1923, §2099; Code 1940, T. 37, §624.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-87 - Enforcement of Assessment Liens in Circuit Court.

Section 11-50-87
Enforcement of assessment liens in circuit court.
In addition to the method hereinafter provided in this division for the collection of such assessments, the circuit court may enforce said liens, and in all civil actions which may be brought to enforce said liens either by the council or by its assigns, the complainant shall recover the amount of such assessment, with interest thereon, and the costs of such proceedings.
(Acts 1923, No. 165, p. 134; Code 1923, §2100; Code 1940, T. 37, §625.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-88 - Effect of Enforcement of Tax Liens Upon Property Upon Assessment Liens.

Section 11-50-88
Effect of enforcement of tax liens upon property upon assessment liens.
The enforcement by the state, county, city, or town of its lien for taxes on any lot or parcel of land upon which has been levied an assessment under the provisions of this division shall not operate to discharge or in any manner affect the lien of the municipality for said assessment, but the purchaser at a tax sale by the state, county, city, or town of any lots or parcels of land upon which an assessment has been levied shall take the same subject to such assessment.
(Acts 1923, No. 165, p. 134; Code 1923, §2101; Code 1940, T. 37, §626.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-89 - Effect of Sale of Property for Enforcement of Assessment Lien Upon Other Assessment Liens Upon Same Property.

Section 11-50-89
Effect of sale of property for enforcement of assessment lien upon other assessment liens upon same property.
The enforcement by the municipality of its lien for an assessment levied for one improvement by the sale of the property shall not operate to discharge or in any way affect the lien of any other assessment for a different improvement on the same property, but the purchaser at such sale shall take subject to the lien of all other assessments and the right of the municipality to enforce the same.
(Acts 1923, No. 165, p. 134; Code 1923, §2102; Code 1940, T. 37, §627.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 3 - Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. › Division 2 - Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. › Section 11-50-90 - Appeals From Assessments.

Section 11-50-90
Appeals from assessments.
Any person aggrieved by the decision of the council in making any assessment may appeal to the circuit court under the provisions of this Code or the Alabama Rules of Appellate Procedure providing for appeals from decisions of city or town councils in making local assessments, and such appeals shall be tried as provided therein and appeal taken to the Supreme Court or Court of Civil Appeals as therein provided.
(Acts 1923, No. 165, p. 134; Code 1923, §2103; Code 1940, T. 37, §628.)