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 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 11-50-91 - Payment of Assessments Generally.

Section 11-50-91
Payment of assessments generally.
The council, in purchasing any sewers or sewer system the cost of which or any part thereof is to be assessed against the area drained by such sewer, sewers or sewer system, may provide that the same shall be paid in cash within 30 days after the final assessment, provided the cost of such sewers or sewer system does not exceed $1,000.00, but if the total cost of such purchase is greater than such sum, any property owner may, at his election, to be expressed by notifying the city or town official charged with the duty of collecting such assessments in writing within 30 days after the assessment is made final, pay such assessment in not less than 10 nor more than 15 equal annual installments, as determined by the council, which installments shall bear interest at a rate not exceeding six percent per annum payable annually. And the council may further provide that any person may further elect to pay each annual installment in four equal quarterly installments.
Any person may pay the whole assessment against any lot or parcel of land with 30 days from the time the assessment is made and may at any installment period, either annual or quarterly, pay the assessment in full by paying the full amount of the installments, together with all accrued interest thereon and an additional sum equal to six months' interest at six percent per annum on the amount of said assessment so paid before maturity as a penalty. Should the property owner desire to pay off the deferred installments between the dates on which they are due, he shall pay interest on the same until the succeeding installment period, together with the penalty above described. The first installment shall be payable within 30 days after the assessment is made final, and all assessments or installments thereof shall be payable at the office of the clerk, tax collector, or treasurer of the city or town as the council may prescribe, and all assessments or installments thereof shall bear interest at a rate not exceeding six percent per annum after the expiration of 30 days from the date on which the same were made final, which interest shall be due and payable at the time and place the assessment or installment is due and payable. In all cases where the property owner does not elect to pay in installments or, having elected to pay in installments, fails to pay the first installment within 30 days from the date of the assessment, he shall be held to have waived the right to pay in installments, and the entire assessment shall at the expiration of said 30 days become due and payable.
(Acts 1923, No. 165, p. 134; Code 1923, §2104; Code 1940, T. 37, §629.)
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 11-50-92 - Proceedings for Sale of Land Upon Failure of Property Owner to Pay Assessment, Installment or Interest - Notice of Sale; Payment of Assessment Prior to Sale; Cost of Notice and Sale Charged Against Land, Etc.

Section 11-50-92
Proceedings for sale of land upon failure of property owner to pay assessment, installment or interest - Notice of sale; payment of assessment prior to sale; cost of notice and sale charged against land, etc.
(a) If the property owner who has not elected to pay in installments fails to pay his assessment within 30 days or, having elected to pay in installments, fails to pay the first installment within 30 days from the date of the assessment or makes default in the payment of any annual or quarterly installment or the interest thereon, the whole of such assessment shall immediately become due and payable, and the officer designated by the council to collect such assessment shall proceed to sell the property against which the assessment is made to the highest bidder for cash, but he shall first give notice by publication once a week for three consecutive weeks in some newspaper published in the city or town or of general circulation therein advertising the day of such sale and the purpose for which the same is made, together with a description of the property to be sold.
(b) Any property owner, notwithstanding his default, may pay the assessment with interest and all costs if tendered before the sale of the property.
(c) The cost of such notice and sale shall constitute a charge against the property to be sold and shall be retained out of the proceeds of the sale.
(Acts 1923, No. 165, p. 134; Code 1923, §2105; Code 1940, T. 37, §630.)
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 11-50-93 - Proceedings for Sale of Land Upon Failure of Property Owner to Pay Assessment, Installment, or Interest - Execution, etc., of Deed to Purchaser at Sale; Disposition of Surplus From Sale; Purchase of Property by Municipality.

Section 11-50-93
Proceedings for sale of land upon failure of property owner to pay assessment, installment, or interest - Execution, etc., of deed to purchaser at sale; disposition of surplus from sale; purchase of property by municipality.
The officer making such sale shall execute a deed to the purchaser, which shall convey all the right, title, and interest which the party against whose property the assessment was made had or held in said property at the date of making such assessment or on the date of making such sale. Any surplus arising from such sale shall be paid into the city or town treasury, to be kept as a separate fund by the treasurer for the owner upon the responsibility of his official bond. The council may, by its agent, purchase real estate sold as provided under this division, and, in the event of such purchase, the deed for the same shall be made to the city or town.
(Acts 1923, No. 165, p. 134; Code 1923, §2106; Code 1940, T. 37, §631.)
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 11-50-94 - Proceedings for Sale of Land Upon Failure of Property Owner to Pay Assessment, Installment, or Interest - Effect of Error or Defect in Notice or Sale.

Section 11-50-94
Proceedings for sale of land upon failure of property owner to pay assessment, installment, or interest - Effect of error or defect in notice or sale.
No mistake in the notice of sale in the description of the property or in the name of the owner shall vitiate the assessment or the lien; and, if for any reason, the sale made by the city or town is ineffectual to pass title, it shall operate as an assignment of the lien. Upon the request of the purchaser, supplementary proceedings of the same general character as required in this article may be had to correct the errors in said proceedings for his benefit, or the lien so assigned to him may be enforced by civil action.
(Acts 1923, No. 165, p. 134; Code 1923, §2108; Code 1940, T. 37, §633.)
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 11-50-95 - Redemption of Property After Sale.

Section 11-50-95
Redemption of property after sale.
Such property may be redeemed by the owner or his assigns or other person authorized to redeem property sold for taxes by the state within two years from the date of the sale by paying to the purchaser or the city or town treasurer for him the amount for which the property was sold with interest thereon at the rate of eight percent per annum from the date of sale, together with a fee of $2.00 for the expense of the conveyance.
(Acts 1923, No. 165, p. 134; Code 1923, §2107; Acts 1932, Ex. Sess., No. 21, p. 19; Code 1940, T. 37, §632.)
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 11-50-96 - Issuance of Bonds to Pay for Sewers or Sewer System Authorized Generally.

Section 11-50-96
Issuance of bonds to pay for sewers or sewer system authorized generally.
For the purpose of providing funds to pay the cost of said sewer or sewer system authorized to be purchased under the provisions of this division, the council of any city or town may issue bonds, within the limitations prescribed by the Constitution, in such amount as may be necessary, not to exceed the total cost of said sewer or sewers or sewer system.
(Acts 1923, No. 165, p. 134; Code 1923, §2109; Code 1940, T. 37, §634.)
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 11-50-97 - Making of Loans and Issuance of Bonds to Pay for Sewers or Sewer System.

Section 11-50-97
Making of loans and issuance of bonds to pay for sewers or sewer system.
The council may borrow money on the faith and credit of the city or town, executing the note of the city or town therefor and pledging as security for such loan the proceeds of the proposed assessments thereafter to be made as provided in this division, and such sum or sums so borrowed the council may advance in payment or part payment of the cost of such sewer or sewers or sewer system; and, upon the expiration of 30 days after the assessment for the cost of the same shall have been made final, the council may then issue and sell bonds for such amount as may be necessary, after deducting the amount paid by property owners, to pay the cost of such sewers or sewer system, including such amounts as may have been borrowed for the purpose, and all interest and other expenses incurred in and about the purchase of the same. The council may provide in its contract with the owner or owners of the sewer, sewers or sewer system that such bonds are to be received in payment of the purchase price of such sewers or sewer system and, in such case, upon the expiration of 30 days after the assessment of the cost of the same, the council may, by resolution or ordinance, authorize the delivery of the bonds to said owner or owners in accordance with said contract.
(Acts 1923, No. 165, p. 134; Code 1923, §2110; Code 1940, T. 37, §635.)
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 11-50-98 - Form, Terms, Denominations, etc., of Bonds; Execution, Sale, etc., Thereof.

Section 11-50-98
Form, terms, denominations, etc., of bonds; execution, sale, etc., thereof.
The bonds authorized to be issued by this division shall be negotiable and payable to the bearer and may be payable in lawful money of the United States as the council may prescribe. By the ordinance providing for the issue of such bonds, full provision shall be made for their form and character. Said bonds shall have coupons attached to represent the interest thereon, and the council may provide that such bonds may be changed from coupon to registered bonds or vice versa. Such bonds shall be of such denomination or denominations as the council may direct, not to exceed $1,000.00 each, and not to be less than $50.00 each. They shall bear interest at a rate not to exceed six percent per annum, payable annually or semiannually, at such place or places as may be designated therein. They shall be issued under the corporate seal of the city or town and shall be signed by the mayor and the treasurer thereof and shall be disposed of at not less than par.
The council may, as provided in Section 11-50-97, by contract with the owner or owners of the sewers or sewer system purchased, provide that the bonds thereafter to be issued to pay for the same may, upon the consummation of said purchase contract, be issued to said owner or owners at not less than par in payment of the purchase price of such work.
(Acts 1923, No. 165, p. 134; Code 1923, §2111; Code 1940, T. 37, §636.)
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 11-50-99 - Disposition of Proceeds From Sale of Bonds.

Section 11-50-99
Disposition of proceeds from sale of bonds.
The proceeds from the sale of bonds authorized to be issued by this division shall be applied only to the payment of the cost of the sewer or sewers or sewer system designated in the ordinance providing for their issue.
(Acts 1923, No. 165, p. 134; Code 1923, §2114; Code 1940, T. 37, §639.)
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 11-50-100 - Payment and Redemption of Bonds Generally.

Section 11-50-100
Payment and redemption of bonds generally.
The bonds issued under this division shall be payable in from 10 years to 15 years from their date as determined by the council, but any bond or bonds so issued and sold shall, at the option of the city or town, be payable at any interest period.
In the event the city or town should elect to pay off any such bond or bonds before maturity, it shall pay as a bonus to the holder thereof a sum equal to one-fourth the annual interest thereon, and the city or town shall give public notice of its intention to redeem said bond or bonds, describing the same by number and series, by publication once a week for three successive weeks in a newspaper published in said city or town or of general circulation therein; and, if said bonds are registered, such notice shall also be sent by registered or certified mail to the address of the registered owner thereof where such address is shown on the book of registration.
(Acts 1923, No. 165, p. 134; Code 1923, §2112; Code 1940, T. 37, §637.)
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 11-50-101 - Issuance, etc., of Bonds by Municipalities Having Less Than Six Thousand Inhabitants.

Section 11-50-101
Issuance, etc., of bonds by municipalities having less than six thousand inhabitants.
Any city or town having a population of less than 6,000 inhabitants may, notwithstanding the amount or character of any bonded or other indebtedness, issue such bonds, but the same shall be a lien or charge only against the property improved and drained and against the fund collected from the assessments levied against the property improved and drained and shall not be the general obligation of the city or town, nor shall such city or town be in any way liable to the holders of such bonds in case of failure to collect the same, but such bonds may be secured by mortgage on or deed of trust to said sewers or sewer system.
Such last described bonds, when issued, shall convey and transfer to the owners thereof all right, title, and interest in and to the assessment and the lien upon the respective lots or parcels of ground provided for in this division, which liens and assessments shall stand as security for such bonds and coupons until they are paid, with full power in the holder of said bonds or coupons to enforce the collection thereof by foreclosure action in any court of competent jurisdiction. The first bond or coupon holder who institutes a foreclosure action in any court against any property assessed shall only be entitled to have the proceeds of said suit applied pro rata to the payment of his own bonds and the bonds held by others so that no more than one foreclosure action shall be brought against any one lot or parcel of land.
(Acts 1923, No. 165, p. 134; Code 1923, §2113; Code 1940, T. 37, §638.)
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 11-50-102 - Liability of Municipal Officials to Bondholders for Diversion, Misappropriation, etc., of Funds for Payment of Bonds.

Section 11-50-102
Liability of municipal officials to bondholders for diversion, misappropriation, etc., of funds for payment of bonds.
The official charged with the duty of collecting assessments shall be liable on his official bond to any holder of the bonds authorized to be issued under this division for any loss or injury to such bondholder caused by the diversion by said officer of any funds or part thereof to the payment of any bonds or coupons or indebtedness of the city or town other than the bonds and interest coupons entitled and indebtedness authorized by this division to be paid out of said fund or by the use or misappropriation by said officer of any part of the funds out of which said bonds are required and contemplated in this division to be paid for any other purpose than provided for in this division or for the benefit of the city or town or others. All members of the governing body or bodies of the city or town who shall, by their vote or in any other manner, cause, aid, or encourage any such diversion, use or misappropriation of the funds out of which the bondholders are entitled to be paid for any other purpose than that authorized and required in this division whereby loss or injury to the bondholders or any of them is caused shall be jointly and severally liable to such bondholders injured to the extent of such loss or injury.
(Acts 1923, No. 165, p. 134; Code 1923, §2116; Code 1940, T. 37, §641.)
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 11-50-103 - Maintenance of Account and Disbursement of Proceeds From Assessments Generally.

Section 11-50-103
Maintenance of account and disbursement of proceeds from assessments generally.
The city or town officials charged with the duty of collecting assessments shall keep a correct account of all funds arising from such assessments and shall carefully and correctly keep a separate account of the fund arising from the collecting of assessments under each particular purchase or improvement ordinance, and no proceeds arising from assessments levied for one improvement or improvements shall be directed to the payment of the bonds or coupons issued for any other purchase or improvement or to the payment of any other indebtedness of the city or town or for any other purpose whatsoever, except as expressly provided in this division.
(Acts 1923, No. 165, p. 134; Code 1923, §2115; Code 1940, T. 37, §640.)
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 11-50-104 - Deposit of Assessment Proceeds in Bank; Manner of Withdrawal Thereof.

Section 11-50-104
Deposit of assessment proceeds in bank; manner of withdrawal thereof.
All proceeds arising from the collection of assessments levied under the provisions of this division shall, as soon as collected, be deposited and shall be kept by the city or town official charged with the duty of collecting assessments in some bank or banks paying interest on time deposits to be designated by the council. Said collections shall not be deposited with the general funds of the city or town but shall constitute a separate deposit to the account of "public bond sewerage fund" and shall be drawn out on check or order, and the council may pass the proper ordinances and regulations requiring countersignature of said check or order.
(Acts 1923, No. 165, p. 134; Code 1923, §2117; Code 1940, T. 37, §642.)
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 11-50-105 - Use of Proceeds to Redeem Bonds and Coupons; Disposition of Excess.

Section 11-50-105
Use of proceeds to redeem bonds and coupons; disposition of excess.
At any time when the amount of any particular fund shall, with its accumulations, equal the amount of outstanding bonds and accrued interest entitled to payment out of such fund, the council shall have authority to redeem any and all such bonds that may be presented for redemption at such time thereafter as the holders thereof may desire to present the same for redemption.
The excess, if any, when all bonds and coupons are redeemed and the interest thereon paid, and not in excess of the total cost and expense of the purchase of such sewer or sewers or sewer system, shall be converted into the general revenue fund of the city or town.
(Acts 1923, No. 165, p. 134; Code 1923, §2118; Code 1940, T. 37, §643.)
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 11-50-106 - Refunding of Excess Assessments - Authority and Procedure Generally.

Section 11-50-106
Refunding of excess assessments - Authority and procedure generally.
In the event the amount collected from the assessment under any ordinance authorizing the purchase of a sewer, sewers, or sewer system shall exceed the total cost and expense of the same, there shall be refunded to each of the parties affected by said assessment a proportionate amount of the excess upon demand made thereafter by said parties within 12 months after maturity or payment of the bonds authorized by this division.
(Acts 1923, No. 165, p. 134; Code 1923, §2119; Code 1940, T. 37, §644.)
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 11-50-107 - Refunding of Excess Assessments - Limitation Period for Presentation of Claims; Disposition of Amounts Not Refunded.

Section 11-50-107
Refunding of excess assessments - Limitation period for presentation of claims; disposition of amounts not refunded.
If such claims be not presented within 12 months from the date of the maturity or payment of the bonds, they shall be forever barred, and such amounts shall be converted into the general revenue fund of the city or town.
(Acts 1923, No. 165, p. 134; Code 1923, §2120; Code 1940, T. 37, §645.)
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 11-50-108 - Adoption of Rules and Regulations for Operation and Maintenance of Sewers or Sewer System Purchased; Charges for Use of Sewers or Sewer System.

Section 11-50-108
Adoption of rules and regulations for operation and maintenance of sewers or sewer system purchased; charges for use of sewers or sewer system.
The council of any city or town purchasing any sewer or sewers or sewer system may make reasonable rules and regulations for the operation and maintenance of the same and may provide penalties for the violation thereof. No charge shall be made for the use of said sewers or sewer system against any property assessed under the provisions of this article for the cost of the sewer or against the owners or tenants thereof, but the council may prescribe a maximum volume of drainage for commercial or manufacturing business or plants and make charges for such excess or otherwise regulate the same.
(Acts 1923, No. 165, p. 134; Code 1923, §2121; Code 1940, T. 37, §646.)
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 3 - Charges for Services of Sewer Systems. › Section 11-50-120 - Definitions.

Section 11-50-120
Definitions.
When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) MUNICIPALITY. A municipal corporation organized under the laws of this state.
(2) SEWER SYSTEM. Any or all of the following: sanitary sewer mains, sanitary sewer laterals and branches, sanitary sewer service lines, sanitary outfall lines, a sewage disposal plant or plants, a sewage treatment plant or plants, and appurtenances to any thereof.
(Acts 1953, No. 847, p. 1138, §1.)
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 3 - Charges for Services of Sewer Systems. › Section 11-50-122 - Enforcement of Charges.

Section 11-50-122
Enforcement of charges.
Any municipality shall have the power to enforce collection of any such sanitary sewer service charges by discontinuance of sanitary sewer service to any premises with respect to which payment of such charges is delinquent and disconnection of such premises from the municipality's sewer system and shall further have the power to enforce collection of such sanitary sewer service charges by discontinuance of water service to such premises and disconnection of such premises from any water distribution system owned by the municipality, regardless of whether such water distribution system shall have been combined with the sewer system and regardless of whether payment of any charge for water may be delinquent.
(Acts 1953, No. 847, p. 1138, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-140 - Definitions.

Section 11-50-140
Definitions.
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ELECTRIC LIGHT PLANT. A plant and system for the generation, manufacture, and distribution of electricity or a system for the purchase, transportation, and/or distribution of electricity, together with all appurtenances thereto and all property used or useful in connection therewith, including franchises.
(2) GAS PLANT. A plant and system for the manufacture and distribution of gas or a system for the purchase, transportation, and/or distribution of manufactured or natural gas, together with all appurtenances thereto and all property used or useful in connection therewith, including franchises.
(3) WATERWORKS PLANT. A plant and system for the gathering, collecting, or impounding of water and the distribution thereof for domestic or industrial use or both or a plant or system for the purchase, transportation, and/or distribution of water for domestic or industrial use or both, together with all appurtenances thereto and all property used or useful in connection therewith, including franchises.
(Acts 1909, No. 212, p. 253; Code 1923, §2059; Code 1940, T. 37, §376; Acts 1969, No. 635, p. 1164.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-141 - Authorized.

Section 11-50-141
Authorized.
When any city or town in this state is or may be the owner of any electric light plant, gas plant, or waterworks plant and the board of aldermen or other governing body of such city or town deems it to be to the best interest of such city or town and the inhabitants thereof to sell, lease or dispose of such electric light plant, gas plant, or waterworks plant, such sale or disposition may be made as provided in this article.
(Acts 1909, No. 212, p. 253; Code 1923, §2059; Code 1940, T. 37, §376; Acts 1969, No. 635, p. 1164.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-142 - Passage of Resolution by Governing Body Providing for Sale, Lease, Etc.

Section 11-50-142
Passage of resolution by governing body providing for sale, lease, etc.
Before any sale, lease, or disposition of an electric light plant, gas plant, or waterworks plant of any city or town shall be made, the board of aldermen or other governing body shall pass a resolution declaring it to be, in the judgment of said board of aldermen or other governing body, to the best interests of the city or town that the electric plant, gas plant, or waterworks plant of such city or town shall be sold, leased, or disposed of and shall fix in said resolution the minimum price at which the sale, lease, or disposition should be had.
(Acts 1909, No. 212, p. 253; Code 1923, §2060; Code 1940, T. 37, §377.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-143 - Ordering of Special Election for Authorization of Sale, Lease, Etc.

Section 11-50-143
Ordering of special election for authorization of sale, lease, etc.
After the passage of said resolution, the said board of aldermen or other governing body shall order a special election to be held at which all the voters in said city or town, who are qualified voters under the laws of this state may vote on the proposition of whether such sale, lease or other disposition of such electric plant, gas plant, or waterworks plant shall be authorized.
(Acts 1909, No. 212, p. 253; Code 1923, §2061; Code 1940, T. 37, §378.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-144 - Calling of Election.

Section 11-50-144
Calling of election.
Such election, if ordered by the resolution of the board of aldermen or other governing body of the city or town, shall be called by the mayor or other chief executive officer of such city or town to be held on the day fixed by the said resolution of the board of aldermen or other governing body of the city or town, which day shall not be less than 30 days from the day of the passage of the said resolution ordering the election.
(Acts 1909, No. 212, p. 253; Code 1923, §2062; Code 1940, T. 37, §379.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-145 - Notice of Election.

Section 11-50-145
Notice of election.
Notice of said election shall be given by advertisement published at least once a week for three consecutive weeks in one or more newspapers published in the city or town owning the plant proposed to be sold or disposed of and, if there is no paper so published, notices shall be posted at five or more public places in such city or town and shall be published in a newspaper published in the county in which the city or town is located.
(Acts 1909, No. 212, p. 253; Code 1923, §2063; Code 1940, T. 37, §380.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-146 - Appointment of Clerks, Returning Officers, etc., and Designation of Voting Places.

Section 11-50-146
Appointment of clerks, returning officers, etc., and designation of voting places.
The managers, clerks, and returning officers of the election shall be appointed, and the voting places shall be designated by said board of aldermen or other governing body.
(Acts 1909, No. 212, p. 253; Code 1923, §2065; Code 1940, T. 37, §382.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-147 - Qualifications for Voting; Provision of Ballots; Conduct of Election Generally.

Section 11-50-147
Qualifications for voting; provision of ballots; conduct of election generally.
At the election so ordered all qualified voters under the laws of this state who are resident citizens of such city or town may vote, and the ballot shall be provided or furnished by the board of aldermen or other governing body, and the election shall be conducted in conformity to the laws of this state, except as otherwise provided in this article.
(Acts 1909, No. 212, p. 253; Code 1923, §2064; Code 1940, T. 37, §381.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-148 - Form and Marking of Ballots.

Section 11-50-148
Form and marking of ballots.
The ballots shall have plainly printed on them the words: "Shall the electric plant, or gas plant or waterworks plant (as the case may be) be sold, leased or disposed of?" and following said words shall be "Yes" and below that "No" with convenient space for the voter to place a cross mark before the word expressive of his wish.
(Acts 1909, No. 212, p. 253; Code 1923, §2066; Code 1940, T. 37, §383.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-149 - Disposition of Ballots at Conclusion of Election; Canvassing of Returns and Declaration of Election Results.

Section 11-50-149
Disposition of ballots at conclusion of election; canvassing of returns and declaration of election results.
The ballots shall be kept in a sealed box; and, at the conclusion of the election, the box shall be turned over forthwith by the managers to the officers designated as the returning officers and shall by them be safely and at once delivered to the mayor or other chief executive officer of such city or town. Within three days after such election the votes shall be canvassed and counted by the board of aldermen or other governing body of such city or town, and it shall declare the result.
(Acts 1909, No. 212, p. 253; Code 1923, §2067; Code 1940, T. 37, §384.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-150 - Execution of Sale, Lease, etc., by Governing Body and Terms Thereof.

Section 11-50-150
Execution of sale, lease, etc., by governing body and terms thereof.
If the result of such election shall be in favor of a sale, lease, or disposition of the plant, the board of aldermen or other governing body of the city or town may proceed to sell, lease, or dispose of the electric light plant, gas plant, or waterworks plant owned by such city or town at a price not less than the minimum price fixed as provided in Section 11-50-142, and upon such terms and time of payment as to the said board of aldermen or governing body may seem best, but if there are deferred payments, the same must be secured by a lien on the plant sold or disposed of.
(Acts 1909, No. 212, p. 253; Code 1923, §2068; Code 1940, T. 37, §385.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 4 - Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. › Section 11-50-151 - Purchaser to Assume Payment of Existing Bonded Indebtedness Upon Plant.

Section 11-50-151
Purchaser to assume payment of existing bonded indebtedness upon plant.
If there is any bonded indebtedness existing which was incurred in the purchase or construction of such electric plant, gas plant or waterworks plant and which is a lien upon the plant, the purchaser shall assume the payment of such bonded indebtedness.
(Acts 1909, No. 212, p. 253; Code 1923, §2069; Code 1940, T. 37, §386.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 5 - Transfer of Water Systems Without Elections. › Section 11-50-170 - Authorized; Terms; Adoption of Resolutions Authorizing Transfer.

Section 11-50-170
Authorized; terms; adoption of resolutions authorizing transfer.
(a) Every public corporation heretofore or hereafter organized or created in this state pursuant to authorization or determination by a municipality or its governing body, which public corporation now or hereafter owns a water system or systems, and any municipality in this state in which any part of such water system or systems is situated are each hereby authorized, without the necessity of an election of qualified voters of any such municipality or of any other approval or proceeding other than those specifically prescribed in this article, to transfer and convey such system or systems and all right, title, and interest therein, including, without limitation, all reversionary, residuary, or remainder rights provided by law to any other public corporation, the certificate of incorporation of which was filed in the office of the probate judge of the same county in which was filed the certificate of incorporation of the public corporation proposing to make such transfer and conveyance or in the office of the probate judge of an adjacent county.
(b) Any such transfer and conveyance may be made with or without pecuniary consideration and on such terms and conditions as the governing body of such municipality and the board of directors or other governing body of the public corporation making the transfer and conveyance may determine.
(c) Any such transfer and conveyance shall be made only upon the adoption by the governing body of each municipality in which is situated any part of the water system or systems proposed to be transferred and conveyed and by the board of directors or other governing body of the public corporation proposing to make such transfer and conveyance of appropriate resolutions authorizing such transfer and conveyance. Such resolution of the board of directors or other governing body of the public corporation shall set forth its finding and determination that the public corporation to which the transfer is to be made is one to which a transfer and conveyance can properly be made under the provisions of this article.
(Acts 1969, No. 773, p. 1379, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 5 - Transfer of Water Systems Without Elections. › Section 11-50-172 - Provision by Transferor for Payment of Outstanding Bonds, Mortgages, Indentures, Etc.

Section 11-50-172
Provision by transferor for payment of outstanding bonds, mortgages, indentures, etc.
If there are outstanding any bonds, mortgages, indentures, resolutions, or other obligations, including revenue bonds or other securities, payable from or secured by a pledge of the revenues or earnings of or constituting a lien upon the water system or systems proposed to be transferred and conveyed under the provisions of this article, the public corporation proposing to make such transfer and conveyance:
(1) Shall make provision for the assumption by the transferee public corporation of the due and prompt payment of the principal of and interest on such bonds or other obligations and the due and prompt performance of all other agreements and conditions in the manner authorized by such outstanding bonds, mortgages, indentures, resolutions, or other obligations, or
(2) In the absence of any such authorization or, at the election of the transferor and transferee public corporations, shall make provision for the payment thereof satisfactory to any one or more banks or trust companies named as trustee or serving as such trustee under such mortgage, indenture, or resolution or, if there is no such trustee, to the bank or trust company serving as paying agent of such bonds or other securities, by establishing with such bank or trust company, as trustee, an irrevocable trust fund consisting of cash or interest-bearing general obligations of the United States of America or both to provide for the payment and retirement of all such bonds and other securities and the interest thereon.
(Acts 1969, No. 773, p. 1379, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 5 - Transfer of Water Systems Without Elections. › Section 11-50-173 - Execution of Necessary Agreements and Instruments Authorized.

Section 11-50-173
Execution of necessary agreements and instruments authorized.
Each public corporation and municipality referred to in this article is hereby further authorized to enter into any agreements and to execute any instruments which their respective governing bodies may deem necessary or appropriate in order to effectuate the provisions of this article.
(Acts 1969, No. 773, p. 1379, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 5 - Transfer of Water Systems Without Elections. › Section 11-50-174 - Construction of Article; Exemption From Jurisdiction and Regulation of State Public Service Commission, Etc.

Section 11-50-174
Construction of article; exemption from jurisdiction and regulation of state Public Service Commission, etc.
(a) Nothing contained in this article shall be construed to authorize any public corporation or municipality to convey any water system in such manner that title thereto may vest in private ownership; provided, that title to such system may be subjected to a mortgage, deed of trust, or pledge agreement as security for repayment of money borrowed by the public corporation to which the same is transferred.
Nothing contained in this article shall be construed as a restriction or limitation upon any authority which any public corporation or municipality now existing or hereafter formed may have in the absence thereof, but this article shall be construed to be supplemental and additional to authority conferred by other laws. No proceedings, notices, or approval shall be required, except as expressly prescribed in this article, any other law to the contrary notwithstanding.
(b) All matters authorized in this article shall be exempt from all jurisdiction of and regulation by the Alabama Public Service Commission and by any other regulatory body.
(Acts 1969, No. 773, p. 1379, §§5, 6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 50 - Public Utilities. › Article 6 - Transfer of Water and Sewer Systems by Municipalities Without Elections. › Section 11-50-190 - Definitions.

Section 11-50-190
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section:
(1) MUNICIPALITY. A municipal corporation organized and existing under the laws of Alabama.
(2) WATER SYSTEM. Facilities for the gathering, collecting, impounding, treatment, transmission, and distribution, or any of them, of water for domestic use or for industrial use, or both, together with all appurtenances to any such facilities.
(3) SANITARY SEWER SYSTEM. Facilities for the collection, transmission, treatment, and disposal of sewage, together with all appurtenances to any such facilities.
(4) COMBINED SYSTEM. A consolidated system resulting from the combination of any water system and sanitary system.
(5) SYSTEM. A water system, a sanitary system, or a combined system.
(Acts 1975, No. 831, §1.)