reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 1 - General Provisions. › Section 11-88-13 - Loans, Sales, Grants, etc., of Money, Property, etc., to Authority by Counties, Municipalities, Public Corporations, Etc.

Section 11-88-13
Loans, sales, grants, etc., of money, property, etc., to authority by counties, municipalities, public corporations, etc.
For the purpose of securing water service, sewer service, or fire protection service or aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, operation, or protection of water systems, sewer systems, and fire protection facilities, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of this state may, upon such terms and with or without consideration, as it may determine:
(1) Lend or donate money to or perform services for the benefit of the authority;
(2) Donate, sell, convey, transfer, lease or grant to the authority, without the necessity of authorization at any election of qualified voters, any property of any kind, including, but without limitation, any water system, sewer system, or fire protection facility, any interest in any thereof and any franchise; and
(3) Do any and all things, whether or not specifically authorized in this section, not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction, or operation of water systems, sewer systems, and fire protection facilities.
(Acts 1965, 1st Ex. Sess., No. 107, p. 132, §13; Acts 1966, Ex. Sess., No. 436, p. 581; Acts 1967, No. 410, p. 1049, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 1 - General Provisions. › Section 11-88-14 - Use by Authority of Public Roads Rights-of-Way.

Section 11-88-14
Use by authority of public roads rights-of-way.
Each authority is authorized to use the rights-of-way of all public roads in the state subject only to the necessity of obtaining the municipal consent required by Section 220 of the Constitution of Alabama of 1901, or the consent from the county governing body subject to uniform regulations applying to both counties and authorities authorized under this chapter established by resolution of the county governing body and delivered to each authority operating within the county or an adjoining county by registered mail within 10 days of adoption by the county governing body; provided, that nothing in this section shall be construed to exempt any authority from the requirements of Section 23-1-4 or Sections 37-15-1 to 37-15-11, inclusive; provided further, that the said authority shall have the duty to restore to pre-use condition and at its expense all roads, highways, and public rights-of-way in which it may have made excavations or done other work in laying pipes or performing any of its other corporate functions and post a bond in the amount required to restore to said condition as determined by the county engineer. This section shall only apply to water, sewer, and fire protection authorities governed by this article.
(Acts 1965, 1st Ex. Sess., No. 107, p. 132, §17; Act 2000-152, p. 215, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 1 - General Provisions. › Section 11-88-15 - Furnishing of Fire Protection Service by Authority Declared Governmental Function; Immunity From Tort Liability of Authority.

Section 11-88-15
Furnishing of fire protection service by authority declared governmental function; immunity from tort liability of authority.
The furnishing of fire protection service by an authority is hereby declared to be a governmental function.
The authority shall not be liable for any tort, whether negligent or wilful, committed by any director, agent, servant, or employee of the authority in the furnishing of fire protection service or in the construction, maintenance, or operation of any fire protection facility.
(Acts 1965, 1st Ex. Sess., No. 107, p. 132, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 1 - General Provisions. › Section 11-88-15.1 - Soliciting Contributions for Local Volunteer Fire Departments; Monthly Usage Estimates.

Section 11-88-15.1
Soliciting contributions for local volunteer fire departments; monthly usage estimates.
(a) County water systems incorporated pursuant to this chapter or other portions of this title and municipal water systems incorporated pursuant to Chapter 50 or other portions of this title are expressly authorized to solicit their customers, through monthly or other periodic billings for water services, for voluntary contributions for local volunteer fire departments, provided the board of directors of the system has first adopted a resolution approving the participation in the solicitation authorized by this section, and have established a minimum amount for the checkoff. County and municipal water systems that are granted permission to participate may provide for one or more customer checkoffs on their billings as a method for soliciting such voluntary contributions. Participating county and municipal water systems shall distribute such contributions to the volunteer fire departments as indicated by the customers within 30 days of receipt of such contributions.
(b) Each volunteer fire department receiving water from a water system for firefighting and training purposes shall provide monthly estimates of the amount of water used during the previous month to the system that provides the water.
(Act 2006-203, p. 301, §§1, 2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 1 - General Provisions. › Section 11-88-16 - Exemption From Taxation of Authority and Property, Leases, Bonds, etc., Thereof; Payment of Fees, Taxes, or Costs to Probate Judge for Incorporation, etc.; Imposition of License or Excise Tax Upon Authority.

Section 11-88-16
Exemption from taxation of authority and property, leases, bonds, etc., thereof; payment of fees, taxes, or costs to probate judge for incorporation, etc.; imposition of license or excise tax upon authority.
The authority, the property and income of the authority, all bonds issued by the authority, the income from such bonds, conveyances by or to the authority and leases, mortgages, and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama.
The authority shall not be obligated to pay or allow any fees, taxes, or costs to the judge of probate of any county in respect of its incorporation, the amendment of its certificate of incorporation, or the recording of any document.
No license or excise tax may be imposed on any authority in respect of the privilege of engaging in any of the activities authorized by this chapter.
(Acts 1965, 1st Ex. Sess., No. 107, p. 132, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 1 - General Provisions. › Section 11-88-17 - Exemption of Authority From Usury Laws, Etc.

Section 11-88-17
Exemption of authority from usury laws, etc.
Each authority now or hereafter organized under the provisions of this article is hereby exempted from the laws of the State of Alabama governing usury and prescribing or limiting interest rates, including, without limitation, the provisions of Chapter 8 of Title 8.
(Acts 1971, 3rd Ex. Sess., No. 169, p. 4419.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 1 - General Provisions. › Section 11-88-18 - Authorization and Procedure for Dissolution of Authority; Vesting of Title to Properties of Authority and Apportionment Thereof Upon Dissolution of Authority.

Section 11-88-18
Authorization and procedure for dissolution of authority; vesting of title to properties of authority and apportionment thereof upon dissolution of authority.
At any time when no bonds theretofore issued by the authority or obligations theretofore assumed by the authority are outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of the said resolution in the office of the judge of probate of the determining county, the authority shall thereupon stand dissolved and, in the event it owned any property at the time of its dissolution, the title to all its properties shall thereupon pass to and be divided and apportioned among the determining county and any other county or counties in which any part of the service area may be located, all in such manner and to such extent as may be provided in the authority's certificate of incorporation, as amended; provided, however, that in the absence of a contrary provision in the said certificate of incorporation, as amended, title to real estate and tangible personal property, other than cash, shall vest in the county in which the said real estate or tangible personal property is located and the title to cash on hand and in banks, accounts receivable, choses in action, and other intangible property, other than intangible interest in land, shall vest in all of the counties in which any part of the service area lies. Each such county shall have title to said cash and intangible items as a tenant in common thereof, the fractional interest of each such tenant in common in said items being represented by a fraction the numerator of which is an amount equal to the gross revenues derived by the authority during its then next preceding complete fiscal year from service rendered in that part of its service area within that county and the denominator of which is an amount equal to the gross revenues derived by the authority during the same period from services rendered in its entire service area.
(Acts 1965, 1st Ex. Sess., No. 107, p. 132, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 1 - General Provisions. › Section 11-88-19 - Existence of Authority Not to Prevent Subsequent Incorporation, etc., of Another Authority.

Section 11-88-19
Existence of authority not to prevent subsequent incorporation, etc., of another authority.
The existence of one or more authorities incorporated under the provisions of this article shall not prevent the subsequent incorporation under this article of another authority or the amendment of the certificate of incorporation of another authority pursuant to determinations made by the same county or counties, even though the service area described in the certificate of incorporation, as originally filed or as amended, of any existing authority may include territory that lies within the proposed service area of an authority that is proposed to be incorporated under this article or that proposes to amend its certificate of incorporation under this article; provided, however, that the provisions of this section shall not be deemed to eliminate the requirements that the statements of fact referred to in subdivision (3) of subsection (a) of Section 11-88-3 and in subdivisions (1) and (2) of subsection (c) of Section 11-88-5 be determined to be true.
(Acts 1965, 1st Ex. Sess., No. 107, p. 132, §19; Acts 1967, No. 410, p. 1049, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 1 - General Provisions. › Section 11-88-20 - Validation of Prior Defective Incorporations Under Provisions of Article.

Section 11-88-20
Validation of prior defective incorporations under provisions of article.
In all cases where there has heretofore been an attempt to incorporate a public corporation under the provisions of this article, and a certificate of incorporation with respect to such corporation has been filed in the office of the judge of probate of the county in which such corporation was sought to be incorporated, but the attempted incorporation is invalid because of some irregularity in the procedure followed, the attempted incorporation of such public corporation with respect to which such a certificate of incorporation has been filed shall be and hereby is validated ab initio, notwithstanding any irregularity in the procedure for incorporation of such corporation, including, without limiting the generality of the foregoing:
(1) The failure of the judge of probate in whose office such certificate of incorporation was filed to examine such certificate of incorporation or to enter an appropriate order with respect thereto;
(2) The failure of the governing body of the county to whom application was made for the incorporation of such corporation to adopt the resolution required by Section 11-88-3, as amended, or to include in such resolution the appropriate findings;
(3) The failure of the persons making such application to the county governing body to sign the certificate of incorporation so filed in the office of the judge of probate;
(4) The fact that the certificate of incorporation so filed was not signed by not less than three of the persons making such application to the county governing body;
(5) The failure to file the certificate of incorporation within the time specified by statute after adoption by the county governing body of the appropriate resolution;
(6) The failure to attach to the certificate of incorporation any one or more of the documents required to be attached thereto at the time of such incorporation; or
(7) The inclusion in the certificate of incorporation of any matter not authorized to be included therein or contrary to the statutory requirements with respect to such corporation.
(Acts 1971, No. 610, p. 1326.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 1 - General Provisions. › Section 11-88-21 - When Proceedings, Notice, etc., for Incorporation of Authority, Acquisition of Property, Issuance of Bonds, etc., Required; Exemption of Authority, etc., From Jurisdiction and Regulation of Public Service Commission, Etc.

Section 11-88-21
When proceedings, notice, etc., for incorporation of authority, acquisition of property, issuance of bonds, etc., required; exemption of authority, etc., from jurisdiction and regulation of Public Service Commission, etc.
Except as expressly otherwise provided in this article or Article 2 of this chapter no proceeding, notice, or approval shall be required for the incorporation of any authority or the amendment of its certificate of incorporation, the acquisition of any property, water system, sewer system, or fire protection facility or the issuance of any bonds, mortgage, and deed of trust or trust indenture.
The authority, every water system, sewer system, or fire protection facility owned by the authority or leased or subleased to a determining county and the rates and charges thereof shall be exempt from all jurisdiction of and all regulation and supervision by the Alabama Public Service Commission and neither a public hearing nor the consent of the State Department of Finance shall be prerequisite to the issuance of bonds by the authority or any transaction between the authority and the determining county or between the determining county and any vendor, vendee, lessor, or lessee to or from the authority.
(Acts 1965, 1st Ex. Sess., No. 107, p. 132, §16; Acts 1965, No. 805, p. 1507; Acts 1967, No. 410, p. 1049, §11; Acts 1982, 2nd Ex. Sess., No. 82-761, p. 232, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-40 - Definitions.

Section 11-88-40
Definitions.
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) AUTHORITY. A public corporation organized pursuant to the provisions of Article 1 of this chapter, as amended.
(2) BOARD. The board of directors of an authority.
(3) GOVERNING BODY. The county commission of a county.
(4) IMPROVEMENT. Any sanitary sewage treatment or sewage disposal plant or any sanitary sewer, including mains, laterals, trunk lines, collector lines, outfall lines, force mains, and appurtenant facilities.
(5) RESORT AREA. An area located outside the corporate limits of any municipality in which the primary use of the majority of the real property is for recreational pursuits or those associated with relaxation, avocation, or pleasure, including vacation homes and facilities and commercial amusement or recreational establishments providing such facilities or goods or services with respect thereto.
(6) PROPERTY. Only land which has been subdivided and platted.
(Acts 1973, No. 826, p. 1293, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-41 - Legislative Findings and Declarations; Powers Granted Authorities by Article to Be Exercised Only in Resort Areas and With the Consent of County Governing Bodies.

Section 11-88-41
Legislative findings and declarations; powers granted authorities by article to be exercised only in resort areas and with the consent of county governing bodies.
(a) The Legislature hereby finds, determines, and declares that it is necessary and desirable that authorities whose service area includes a resort area be authorized to exercise the powers granted by this article, after proper action by a governing body or bodies, since the predominant use of improvements in such resort areas is seasonal and service use charges may not provide an adequate and feasible basis for financing such improvements.
(b) No authority shall exercise any of the powers granted in this article except in that part of its service area that is a resort area and then only if the governing body of each county in which any part of its service area is located has consented to the exercise of such powers, evidenced by the adoption of a resolution, spread upon its minutes, naming the authority, finding that its service area includes or constitutes a resort area (which shall be described in such resolution by a concise legal description), finding that no part of the resort area so described lies within the corporate limits of any municipality, and finding that it is necessary or desirable that the authority have and exercise such powers, and giving such consent. The findings so made by the governing body shall be conclusive for all purposes.
(Acts 1973, No. 826, p. 1293, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-42 - Powers of Authorities Generally.

Section 11-88-42
Powers of authorities generally.
Any authority authorized pursuant to this article may design or cause to be designed, contract for and execute or cause to be executed the construction or reconstruction of any improvement in its service area, and may cause the cost and expense of all or any part of any such improvement to be assessed against the property abutting on or drained, served, or benefited by such improvement to the extent of the increased value of the said property by reason of the special benefits derived from the said improvement.
(Acts 1973, No. 826, p. 1293, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-43 - Adoption of Resolution by Board Describing Improvement, Property Benefited, etc., and Directing Drawing, etc., of Details, Drawings, Plans, Etc.

Section 11-88-43
Adoption of resolution by board describing improvement, property benefited, etc., and directing drawing, etc., of details, drawings, plans, etc.
When the board shall determine to make an improvement, the cost of which or any part thereof it is proposed to assess against the property abutting on or drained, served, or otherwise specially benefited or increased in value by the said improvement, it shall adopt a resolution to that effect, describing the property to be drained, served, or benefited by such improvement and define the same by naming the streets, avenues, alleys, or other lines by which the same is bounded or shall describe the frontage of the property abutting on, or drained, served, or benefited by such improvement. The said resolution shall also describe the nature and extent of the work and the general character of the materials to be used and shall direct that full details, drawings, plans, specifications, and surveys of the said work and estimates be prepared by a registered engineer, or the board may in such resolution adopt plans for such work already prepared. Such resolution may set out and describe certain alternative types of materials and the board may require advertisements for proposals on the various types enumerated and the final selection by the board of the type or types of the said materials from among the alternatives so enumerated shall, in that event, be postponed until the bids shall have been received.
(Acts 1973, No. 826, p. 1293, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-44 - Filing of Details, Drawings, Plans, etc., for Examination by Property Owners; Appointment of Date for Hearing of Objections as to Improvement, Etc.

Section 11-88-44
Filing of details, drawings, plans, etc., for examination by property owners; appointment of date for hearing of objections as to improvement, etc.
Such details, drawings, plans, specifications, surveys, and estimates shall, when completed, be placed on file not later than two weeks prior to the date of the meeting provided for in this article in the office of the board or some other place designated in such resolution where property owners who may be affected by such improvement may see and examine the same, and the said resolution shall appoint a time when the board will meet, which shall be not less than two weeks after the date of the first publication of the said resolution, to hear any objections or remonstrances that may be made to the said improvement, the manner of making the same or the character of the material or materials to be used.
(Acts 1973, No. 826, p. 1293, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-45 - Publication of Resolution and Mailing of Copies Thereof to Persons Last Assessed for Taxation on Property Which May Be Assessed for Improvement.

Section 11-88-45
Publication of resolution and mailing of copies thereof to persons last assessed for taxation on property which may be assessed for improvement.
The said resolution must be published once a week for two consecutive weeks in some newspaper published in each county in which any part of the improvements will be constructed and having general circulation therein. A copy of the said resolution shall also be sent by registered or certified mail, postage prepaid, to the persons last assessed for county taxation on the property which may be assessed for the said improvement at their last known addresses, the said notices to be so mailed not less than 10 days before the meeting of the board provided for in Section 11-88-46. The failure of any official charged with the duty of sending such notice or the failure of any owners of property to receive such notice, if sent by registered or certified mail as provided in this section, shall not invalidate or in anywise affect any assessment made under the provisions of this article.
(Acts 1973, No. 826, p. 1293, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-46 - Hearing Upon Objections to Improvement, etc.; Confirmation, Amendment, Rescission, etc., of Resolution by Board; When Unanimous Vote of Board Required to Approve Resolution.

Section 11-88-46
Hearing upon objections to improvement, etc.; confirmation, amendment, rescission, etc., of resolution by board; when unanimous vote of board required to approve resolution.
At the said meeting or at a place and time to which the same may be adjourned, all persons whose property may be affected by the proposed improvement may appear in person or by attorney or by petition and object or protest against the said improvement, the materials to be used or the alternative types of materials or any of them from which selection is later to be made, if any, and the manner of making the same, and the board shall consider such objections and protests and may confirm, amend, modify, or rescind the original resolution.
If objections to the proposed improvement are made by a majority in frontage of the property owners to be affected thereby when the proposed improvement is to be assessed against the property fronting or abutting any street, avenue, or alley or by a majority in area of the property owners when the proposed improvement is to be assessed against the property within a defined area, the improvement shall not take place, unless ordered by a unanimous vote of those elected to the board.
(Acts 1973, No. 826, p. 1293, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-47 - Publication of Notice for Bids; Letting of Contract; Requirement of Bonds, etc., From Bidders, etc.; Construction of Improvement, Furnishing of Labor, etc., by Authority.

Section 11-88-47
Publication of notice for bids; letting of contract; requirement of bonds, etc., from bidders, etc.; construction of improvement, furnishing of labor, etc., by authority.
(a) If the board shall finally order the making of the proposed improvement, notice shall be given asking for bids for such work, which notice shall describe in a general way the character and approximate quantities of such work and the types of materials, including alternates, if any, to be employed and shall be published once a week for two consecutive weeks in a newspaper published in each county in which any part of the improvements will be constructed and having general circulation therein. The date for receiving bids as set out in the said notice shall be not earlier than two weeks after the date of first publication thereof.
(b) The board must let the contract to the lowest responsible bidder; provided, that if the lowest responsible bidder has not bid a satisfactory price, the board may reject all bids and readvertise for bids in the same manner as provided in this section.
(c) The board may, by order, impose further conditions upon bidders with regard to bonds and surety for the faithful completion of such work according to contract or for any other purpose mentioned in the specifications. Surety bond for the faithful completion of the said work shall be required where same or any part thereof is let out by contract in an amount not less than 50 percent of the estimated total of each contract.
(d) The authority may elect to construct the improvement or furnish labor or material or both for the same without asking for bids for that part of the improvement. In the event that the authority makes any such election, then the provisions of this section requiring the authority to ask for bids from contractors and to publish a notice with respect thereto shall not be applicable to any work of construction to be performed by the authority or to any labor and material, or either to be furnished by the authority.
(Acts 1973, No. 826, p. 1293, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-48 - Supervision of Work.

Section 11-88-48
Supervision of work.
All work done or improvements made under the provisions of this article shall be done under the supervision of the engineer or other superintendent appointed for that purpose by the board; provided, that the engineer or other superintendent so appointed shall not be related by blood or by marriage to any contractor to whom work is awarded under the terms of Section 11-88-47, or, if the said contractor is a corporation, to any stockholder thereof and the said engineer or other superintendent so appointed shall not be interested in or have any share in the proceeds of any construction contract or any contract for the sale of materials to be employed in the said work, nor be a stockholder in the company selling the said materials, nor shall the said engineer or other superintendent so appointed be employed, directly or indirectly, by any parties having an interest in the proceeds of any such construction or sales contract.
(Acts 1973, No. 826, p. 1293, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-49 - Acceptance or Rejection of Work.

Section 11-88-49
Acceptance or rejection of work.
In case of any controversy of dispute, the board shall be invested with sole and exclusive power to determine whether any improvement has been completed in accordance with the terms of the contract therefor and to accept or reject such work on the part of the authority.
(Acts 1973, No. 826, p. 1293, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-50 - Payment of Cost of Improvement by Board; Specification of Cost of Improvement.

Section 11-88-50
Payment of cost of improvement by board; specification of cost of improvement.
(a) The board may pay out of the general funds of the authority or any special fund that may be provided for the purpose such portion of the cost of the proposed improvement as it may deem proper.
(b) The cost of any improvement shall include the expense of the preliminary and other surveys, the inspection and superintendence of the work, the preparation, publication and mailing of the notices and resolutions required by this article, the cost of construction, the printing of bonds, the interest on money borrowed during construction or on bonds when bonds have been issued in anticipation of the collection of assessments, the preparation of proceedings authorizing the issuance of bonds under the provisions of this article and the rendition of the approving opinions with respect thereto and any other expenses necessary for the completion of such improvement.
(Acts 1973, No. 826, p. 1293, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-51 - Levy of Assessments for Cost of Improvement on Abutting or Benefited Property Authorized.

Section 11-88-51
Levy of assessments for cost of improvement on abutting or benefited property authorized.
If any such improvement be finally ordered and constructed, the board shall have power, after the completion and acceptance thereof, to assess the cost of constructing the said improvement or any part thereof upon or against the property abutting on any street, avenue, alley, highway, or other public place so served or drained or against the property drained, served, or benefited by such improvement to the extent of the increased value of such property by reason of the special benefits derived from such improvement.
An authority shall have the power to assess for the cost of improvements any lot or lots, parcel or parcels of land purchased by the State of Alabama at any sale for the nonpayment of taxes and where any such assessment is made against such lot or lots, parcel or parcels of land, a subsequent redemption thereof by any person authorized to redeem or sale thereof by the state shall not operate to discharge or in any manner affect the lien of such authority for such assessment, but any redemptioner or purchaser at any sale by the state of any lot or lots, parcel or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale to the state for the nonpayment of taxes, shall take the same subject to such assessment.
(Acts 1973, No. 826, p. 1293, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-52 - Manner of Assessment Generally; Limitation as to Amount of Assessment.

Section 11-88-52
Manner of assessment generally; limitation as to amount of assessment.
The cost of any part of such improvement may be assessed in fair proportion against the frontage of the property drained by the said improvement or against all the lots or parcels of land lying within the area drained, served, or benefited, but the assessment shall not exceed the increased value of such property by reason of the special benefits derived from the improvement.
(Acts 1973, No. 826, p. 1293, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-53 - Preparation of List of Property Owners Proposed to Be Assessed for Improvement.

Section 11-88-53
Preparation of list of property owners proposed to be assessed for improvement.
When any improvement is completed, the chairman or other chief executive officer of the board 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 improvement belonging to such owner or owners and the amount proposed to be assessed against each lot or parcel of land.
(Acts 1973, No. 826, p. 1293, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-54 - Entry of List in Assessment Book of Improvements; Contents and Status Thereof.

Section 11-88-54
Entry of list in assessment book of improvements; contents and status thereof.
Such list shall be entered in a well bound book or loose leaf book firmly bound, 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 officers of the authority. The said book shall be known as the "Assessment Book of Improvements" and shall be a public record and no error or mistake in regard to the name of the owner shall be held to invalidate any assessment. It shall be sufficient if the name of the person in whose name such property was last assessed for taxes for state taxation is shown in the said book.
(Acts 1973, No. 826, p. 1293, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-55 - Publication of Notice as to Assessment Book.

Section 11-88-55
Publication of notice as to assessment book.
After the completion of the proper entries of each improvement, the said book shall be delivered to the secretary of the authority, who shall thereupon give notice by publication one time in some newspaper published in each county in which any part of the improvements have been constructed and of general circulation therein that the 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 the said assessments, whose title and address shall be listed. The notice shall also state the general character of the improvement, the terminal points thereof, and the streets, avenues, alleys, or other highways, or portions thereof, along which the improvement has been constructed and shall also describe the frontage of the property drained by the said improvement or the territory or area drained, served, or benefited by the said improvement by naming the streets, avenues, alleys, or other highways or other lines by which said area is bounded.
(Acts 1973, No. 826, p. 1293, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-56 - Filing of Written Objections or Defenses to Proposed Assessments; Effect of Failure to File Same.

Section 11-88-56
Filing of written objections or defenses to proposed assessments; effect of failure to file same.
The owner or owners of any real estate or any interest therein which it is proposed to assess for the cost or any part thereof of the said improvement may appear at any time on or before the date named in the said notice or at the said meeting and file in writing with the secretary or in the office of the authority any objections or defenses to the proposed assessment against the said property or to the amount thereof and persons who do not file objections or protests in writing against such assessment shall be held to have consented to the same.
(Acts 1973, No. 826, p. 1293, §19.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-57 - Hearing of Objections and Defenses to Proposed Assessments by Board Generally.

Section 11-88-57
Hearing of objections and defenses to proposed assessments by board generally.
At a time and place mentioned in the said published notice, not less than 20 days from the date of publication, the board shall meet to hear and determine any objections or defenses that may be filed to such assessments or the amount thereof.
(Acts 1973, No. 826, p. 1293, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-58 - Subpoena, etc., of Witnesses by Board.

Section 11-88-58
Subpoena, etc., of witnesses by board.
The board, by the secretary or its executive officer, may issue subpoenas for witnesses to appear before the governing body or any committee thereof and may administer oaths to any witness to be examined.
(Acts 1973, No. 826, p. 1293, §21.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-59 - Board to Hear and Pass Upon Objections to Proposed Assessments.

Section 11-88-59
Board to hear and pass upon objections to proposed assessments.
The board shall hear and pass upon all such objections to and protests against the proposed assessments under such reasonable rules and regulations as it may adopt.
(Acts 1973, No. 826, p. 1293, §20.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-60 - Fixing of Amount of Assessment by Board; Assessment to Constitute Lien on Property Against Which Levied; Reduction or Abatement of Final Assessment by Board Generally.

Section 11-88-60
Fixing of amount of assessment by board; assessment to constitute lien on property against which levied; reduction or abatement of final assessment by board generally.
At such meeting or any adjournment thereof, the board shall proceed by resolution to fix the amount of the assessment against each lot or tract of land described and included in the 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.
The board shall have no power to reduce or abate an assessment made for an improvement after such assessment shall have been made final, unless an appeal shall have been taken from such assessment within the time prescribed by law, except as provided in Section 11-88-62, but this provision shall not affect the power of the board to split an assessment between two or more parties as provided by law.
(Acts 1973, No. 826, p. 1293, §22.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-61 - Effect of Defects in Notice or Proceedings; Supplementary Proceedings for Correction of Defects.

Section 11-88-61
Effect of defects in notice or proceedings; supplementary proceedings for correction of defects.
If there be any defect in the said notice or proceedings before or subsequent to the 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 article may be had in order to supply such defect.
(Acts 1973, No. 826, p. 1293, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-62 - Reduction or Abatement of Assessments by Board.

Section 11-88-62
Reduction or abatement of assessments by board.
The board shall have the power to reduce or abate any assessment made for improvements in cases where such assessment has been levied or attempted to be levied against property owned by the State of Alabama or by a county or owned by any church, hospital, or other charitable organization or in any case where the chief executive officer of the board, after due inquiry, has determined that such assessment has been made erroneously or in excess of the benefits derived by such property or is so great as to constitute an undue burden on such property having in view the value thereof, whether or not such assessment shall have been made final and the time to appeal therefrom expired.
(Acts 1973, No. 826, p. 1293, §23.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-63 - Transfer and Assignment of Liens by Authorities.

Section 11-88-63
Transfer and assignment of liens by authorities.
An authority may transfer and assign such liens to the contractor or contractors who made the said improvement or improvements or to any other person.
(Acts 1973, No. 826, p. 1293, §24.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 88 - Water, Sewer and Fire Protection Authorities. › Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-64 - Enforcement of Liens by Circuit Courts; Amounts Recovered in Civil Actions to Enforce Liens.

Section 11-88-64
Enforcement of liens by circuit courts; amounts recovered in civil actions to enforce liens.
In addition to the method provided in this article for the collection of such assessments, the circuit court may enforce the said liens and, in all civil actions which may be brought to enforce the said liens, either by the authority or by its assigns, the complainant shall recover the amount of such assessment with interest thereon, together with the cost of such proceedings.
(Acts 1973, No. 826, p. 1293, §25.)