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 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities. › Section 11-88-104 - Consolidation of Outstanding Bond Issues for Refunding; Disposition of Assessments Collected for Improvements Financed by Said Outstanding Issues Generally.

Section 11-88-104
Consolidation of outstanding bond issues for refunding; disposition of assessments collected for improvements financed by said outstanding issues generally.
In exercising the powers conferred by Sections 11-88-102 and 11-88-103, it shall not be necessary to make a separate issue of refunding bonds with respect to each outstanding issue, but two or more of such outstanding issues or portions thereof may be grouped together in a single refunding issue, in which event all assessments thereafter collected with respect to any of the improvements financed by the separate issues or the proper proportionate part thereof shall be applicable to the payment of such refunding bonds.
(Acts 1973, No. 826, p. 1293, §64.)
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 11-88-105 - Separate Sinking Fund Accounts to Be Maintained for Refunding Bond Issues; Disposition of Same.

Section 11-88-105
Separate sinking fund accounts to be maintained for refunding bond issues; disposition of same.
A separate sinking fund account shall be provided and kept for each refunding bond issue authorized under the provisions of Sections 11-88-102, 11-88-103, and 11-88-104 to which shall be credited all collections made on assessments levied with respect to the improvements financed by the original issues of bonds or the proper proportionate part thereof, and such sinking fund shall be used only for the purpose of paying interest and principal on such bonds in that particular group or series as they mature.
(Acts 1973, No. 826, p. 1293, §65.)
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 11-88-106 - Maintenance of Sinking Fund Accounts by Official Charged With Duty of Collecting Assessments; Institution of Mandamus Proceedings Against Officer Failing to Maintain Separate Sinking Fund Accounts, Pay Bonds or Interest Thereon, Etc.

Section 11-88-106
Maintenance of sinking fund accounts by official charged with duty of collecting assessments; institution of mandamus proceedings against officer failing to maintain separate sinking fund accounts, pay bonds or interest thereon, etc.
The official charged with the duty of collecting assessments shall keep all sinking funds in some bank or banks paying interest on time deposits to be designated by the board, and shall provide and keep a separate sinking fund account for each bond issued.
If the said officer shall fail to provide and keep the said separate sinking fund account for each such bond issue in the said bank or banks or shall divert any of such funds to other uses or shall fail to pay any bond or bonds or the interest thereon properly payable from the said funds when available, any user of the improvements financed thereby or any holder of bonds of the series affected by such diversion or failure shall have the right to apply to any court of competent jurisdiction for a writ of mandamus requiring the said official to take such action and the said court shall on proof issue and enforce the said writ.
(Acts 1973, No. 826, p. 1293, §67.)
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 11-88-107 - Bond of Official Charged With Duty of Collecting Assessments; Liability of Said Official and Board Members for Diversion or Misappropriation of Funds for Payment of Bonds and Coupons.

Section 11-88-107
Bond of official charged with duty of collecting assessments; liability of said official and board members for diversion or misappropriation of funds for payment of bonds and coupons.
The official charged with the duty of collecting assessments shall be required to give bond, including the amount of any official bond which may have been required of him by law, equal to not less than five percent of the total amount in the said sinking funds provided for in Section 11-88-106 and the said bond shall be increased and may be diminished from time to time in order to comply with this provision. The cost of the said increased bond shall be paid by the authority.
The said official shall be liable on his official bond to any holder of the bonds authorized to be issued under this article for any loss or injury to such holder caused by the diversion by the said officer of any fund or part thereof to the payment of any indebtedness of the authority other than the bonds and interest coupons issued under this article and indebtedness authorized by this article to be paid out of the said fund or caused by the use or misappropriation by the said officer of any part of the funds out of which the said bonds and coupons are to be paid for any other purpose than as provided for in this article or for the benefit of the authority or others. All members of the board 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 purposes than those authorized and required in this article, 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.
Any failure by any of the above officials to keep all funds collected from assessments in sinking funds in the bank or banks as provided in this article or to retire bonds when due out of such funds when available shall be construed as a diversion or misappropriation and any bond holder of a bond in the series affected may at any time institute a civil action against the said official or officials in any court of competent jurisdiction for the satisfaction of such loss and injury.
(Acts 1973, No. 826, p. 1293, §68.)
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 11-88-108 - Redemption of Bonds.

Section 11-88-108
Redemption of bonds.
At a time when the amount of any particular fund shall, with its accumulations, equal the amount of any one of the outstanding bonds and accrued interest entitled to payment out of such fund, the board shall have authority to redeem any and all such bonds that may be presented for redemption at such times thereafter as the holders thereof may desire to present the same for redemption.
(Acts 1973, No. 826, p. 1293, §69.)
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 11-88-109 - Refunding of Excess Amounts Collected From Assessments Upon Demand Therefor; Limitation Period for Claims for Refunds; Disposition of Unclaimed Amounts.

Section 11-88-109
Refunding of excess amounts collected from assessments upon demand therefor; limitation period for claims for refunds; disposition of unclaimed amounts.
In the event the amounts collected from the assessments under any improvement resolution shall exceed the total cost and expense of the improvement, there shall be refunded to each of the parties affected by the said assessments a proportionate amount of the excess, upon demand made therefor by the said parties within 12 months after maturity or payment of the bonds authorized with respect to that improvement.
If such claims be not presented within 12 months from the date of the maturity or payment of the said bonds, they shall be forever barred, and such amount shall be converted to the general fund of the authority.
(Acts 1973, No. 826, p. 1293, §70.)
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 11-88-110 - Acquisition of Lands by Authority.

Section 11-88-110
Acquisition of lands by authority.
Whenever in the judgment of the board it may be necessary or expedient for the carrying out and full exercise of the powers granted by this article, an authority may acquire by purchase or condemnation the necessary lands or rights or easements or interests therein, thereunder, and thereover, and may proceed to condemn the same in the manner provided in Subtitle 1 of this title or by the general laws of this state governing the taking of lands or the acquiring of an interest therein for the uses for which private property may be taken, in which case such proceedings shall be governed in every respect by the general laws of the state pertaining thereto.
(Acts 1973, No. 826, p. 1293, §71.)
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 11-88-111 - Effect of Annexation or Incorporation of Area in Which Assessments for Improvement Made Upon Assessments, Liens, Bonds, Etc.

Section 11-88-111
Effect of annexation or incorporation of area in which assessments for improvement made upon assessments, liens, bonds, etc.
The subsequent annexation to a municipality or incorporation as a new municipality of any area with respect to which assessments have been made for an improvement pursuant to this article shall not change, alter, or invalidate in any manner any of the proceedings taken, assessments made, liens established, or notes or bonds issued under this article.
(Acts 1973, No. 826, p. 1293, §72.)
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 3 - City Takeover of Authority's Water System. › Section 11-88-130 - City Prohibited From Charging Excessive Rates to County Customers; Treatment of County Customers.

Section 11-88-130
City prohibited from charging excessive rates to county customers; treatment of county customers.
With respect to all customers located within the geographic area in which a water and fire protection authority ("authority") is authorized by its certificate of incorporation to render water and fire protection service (said customers hereinafter called "county customers"), the board of water and sewer commissioners of a city ("commissioners") is hereby prohibited from charging said county customers for water service or sanitary sewer service or both, and for the connection fee or fees for such service or services, at a rate or rates or by manner of calculation which exceeds the rate or rates or manner of calculation for the same service or services or connection fees charged by the commissioners to customers located within the city limits, and in all respects in addition to the aforesaid the commissioners shall treat said county customers as if they lived within the city limits.
(Acts 1989, No. 89-790, p. 1578, §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 3 - City Takeover of Authority's Water System. › Section 11-88-131 - Acquisition, etc., of Water System of Water and Fire Protection Authority by City Board of Water and Sewer Commissioners - Inclusion of Governing Board of the Authority in Governing Board of Commissioners.

Section 11-88-131
Acquisition, etc., of water system of water and fire protection authority by city board of water and sewer commissioners - Inclusion of governing board of the authority in governing board of commissioners.
In the event that the board of water and sewer commissioners of any city ("commissioners") should acquire, operate, or control by virtue of assignment, conveyance, court order, operation of law, or otherwise the water system of a water and fire protection authority ("authority"), then the membership of the governing board of the commissioners shall thereupon be increased to include the members of the governing board of the authority notwithstanding any limitation or condition previously imposed by Section 11-50-342.
(Acts 1989, No. 89-790, p. 1578, §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 3 - City Takeover of Authority's Water System. › Section 11-88-134 - Acquisition, etc., of Water System of Water and Fire Protection Authority by City Board of Water and Sewer Commissioners - Sanitary Sewer Service System Plan; Time Frame.

Section 11-88-134
Acquisition, etc., of water system of water and fire protection authority by city board of water and sewer commissioners - Sanitary sewer service system plan; time frame.
In the event that the board of water and sewer commissioners of any city ("commissioners") should acquire, operate or control by virtue of assignment, conveyance, court order, operation of law or otherwise the water system of a water and fire protection authority ("authority"), then the commissioners shall conduct a study and adopt a plan within one year from the date that the commissioners shall first acquire, operate or control the authority's water system providing for the construction of a sanitary sewer service system throughout the authority's territory. The said plan shall be implemented and the improvements contemplated thereby constructed by the commissioners within five years from the date that the commissioners receive all necessary approvals (whether regulatory or judicial) and permits for the implementation and construction of an outfall line or any alternative sewer treatment or discharge facility capable of servicing the authority's territory.
(Acts 1989, No. 89-790, p. 1578, §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 3 - City Takeover of Authority's Water System. › Section 11-88-135 - Applicability of Article; Vote of Consent; Notice and Hearing.

Section 11-88-135
Applicability of article; vote of consent; notice and hearing.
The provisions of this article shall not apply in the event the water system that is to be acquired, operated, or controlled consents to said acquisition, operation, or control by a unanimous vote of the governing board of the water and fire protection authority.
Said vote shall not be taken until notification of such a vote has been published by the governing board of the water and fire protection authority in a newspaper of general circulation in the area served by the water system for four weeks and a public hearing regarding said vote is held at the end of said publication period.
(Acts 1989, No. 89-790, p. 1578, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-2 - Purpose of Chapter.

Section 11-89-2
Purpose of chapter.
This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate powers to fulfill their functions.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-9 - Bonds of District - Contracts to Secure Payment of Principal and Interest.

Section 11-89-9
Bonds of district - Contracts to secure payment of principal and interest.
As security for payment of the principal of and the interest on bonds issued or obligations assumed by it, the district may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and maintenance of any water system, sewer system, or fire protection facility owned by it or any part or parts thereof, for the imposition and collection of reasonable rates for and the promulgation of reasonable regulations respecting any service furnished from such system or facility, for the disposition and application of its gross revenues or any part thereof and for any other act or series of acts not inconsistent with the provisions of this chapter for the protection of the bonds and other obligations being secured and the assurance that the revenues from such system or facility will be sufficient to operate such system or facility, maintain the same in good repair and in good operating condition, pay the principal of and the interest on any bonds payable from such revenues and maintain such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such system or facility and the making of replacements thereof and capital improvements thereto.
Any contract pursuant to the provisions of this section may be set forth in any resolution of the board authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust or trust indenture made by the district under this chapter.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-10 - Bonds of District - Statutory Mortgage Lien to Secure Payment of Principal and Interest.

Section 11-89-10
Bonds of district - Statutory mortgage lien to secure payment of principal and interest.
Any resolution of the board or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien, in favor of the holders of such bonds and of the interest coupons applicable thereto, on the water systems, sewer systems, and fire protection facilities or any thereof (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the board or the said trust indenture may provide for the filing for record in the office of the judge of probate of each county in which any part of such water systems, sewer systems, and fire protection facilities or any thereof may be located of a notice containing a brief description of such systems and facilities or either, a brief description of such bonds and a declaration that said statutory mortgage lien has been created for the benefit of the holders of such bonds and the interest coupons applicable thereto upon such systems and facilities or either, including any additions thereto and extensions thereof. Each judge of probate shall receive, record, and index any such notice filed for record in his office. The recording of such notice, as provided in this section, shall operate as constructive notice of the contents thereof.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-11 - Bonds of District - Disposition of Proceeds From Sale of Bonds.

Section 11-89-11
Bonds of district - Disposition of proceeds from sale of bonds.
All moneys derived from the sale of any bonds issued by the district shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to:
(1) The fiscal, engineering, legal, and other expenses incurred in connection with the issuance of the bonds;
(2) Interest on the bonds in the case of bonds issued to pay costs of construction or, if a part only of any series of bonds is issued for construction purposes, interest on that portion of the bonds of that series that is issued to pay construction costs prior to and during such construction and for not exceeding one year after completion of such construction; and
(3) Any premium that it may be necessary to pay in order to redeem or retire the bonds or other obligations to be refunded in the case of bonds issued for the purpose of refunding principal and interest, or either, with respect to bonds issued or obligations assumed by the district.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-12 - Establishment and Revision of Rates, Fees, and Charges for Services Rendered by District.

Section 11-89-12
Establishment and revision of rates, fees, and charges for services rendered by district.
Rates, fees, and charges for water service, sewer service, and fire protection service rendered by the district from any of its water systems, sewer systems or fire protection facilities shall be so fixed and from time to time revised as at all times to provide funds at least sufficient to:
(1) Pay the cost of operating, maintaining, repairing, replacing, extending, and improving the systems and facilities or either from which such services are rendered;
(2) Pay the principal of and the interest on all bonds issued and obligations assumed by the district that are payable out of the revenues derived from operation of those systems and facilities as the said principal and interest become due and payable;
(3) Create and maintain such reserve for the foregoing purposes or any of them as may be provided in any mortgage and deed of trust or trust indenture executed by the district under this chapter or in any resolutions of the board authorizing the issuance of bonds, the assumption of any obligation or the acquisition of any such system or facility; and
(4) Make such annual payments, if any, to the United States of America or any agency or instrumentality thereof, the state, municipalities, counties, departments, authorities, agencies. and political subdivisions of the state and any public corporations organized under the laws of the state as the district may have contracted to make.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-13 - Loans, Sales, Grants, etc., of Money, Property, etc., to District by Counties, Municipalities, Public Corporations, Etc.

Section 11-89-13
Loans, sales, grants, etc., of money, property, etc., to district 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 district 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, guarantee all or any part of the indebtedness of, or perform services for the benefit of the district;
(2) Donate, sell, convey, transfer, lease, or grant to the district, 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;
(3) Contract with the district under such terms as may be mutually agreeable, including a contract obligating it to purchase a certain quantity of water from the district in a stipulated period of time, or to pay for such quantity of water whether or not it receives it; and
(4) 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 district in the planning, undertaking, construction, or operation of water systems, sewer systems, and fire protection facilities.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §13; Acts 1989, No. 89-745, p. 1494, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-14 - Use of Rights-of-Way of Public Roads by District.

Section 11-89-14
Use of rights-of-way of public roads by district.
Each district is hereby authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or of its agencies or departments or the governing body of any county and subject only to the necessity of obtaining the municipal consent required by Section 220 of the Constitution of Alabama; provided, however, that nothing in this section shall be construed to exempt any district from the requirements of Section 23-1-4; provided further, that the said district shall have the duty to restore 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.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-15 - Furnishing of Fire Protection Service by District Declared Governmental Function; Immunity From Tort Liability of District.

Section 11-89-15
Furnishing of fire protection service by district declared governmental function; immunity from tort liability of district.
The furnishing of fire protection service by a district is hereby declared to be a governmental function.
The district shall not be liable for any tort, whether negligent or willful, committed by any director, agent, servant, or employee of the district in the furnishing of fire protection service or in the construction, maintenance, or operation of any fire protection facility.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-16 - Exemption From Taxation of District and Property, Leases, Bonds, etc., Thereof; Payment of Fees, Taxes, or Costs to Probate Judge for Incorporation, Etc.

Section 11-89-16
Exemption from taxation of district and property, leases, bonds, etc., thereof; payment of fees, taxes, or costs to probate judge for incorporation, etc.
The district, the property and income of the district, all bonds issued by the district, the income from such bonds, conveyances by or to the district, and leases, mortgages, and deeds of trust by or to the district shall be exempt from all taxation in the State of Alabama. The district shall be exempt from all taxes levied by any county, municipality, or other political subdivision of the state, including, but without limitation to, license and excise taxes imposed in respect of the privilege of engaging in any of the activities that a district may engage in.
The district 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.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §15; Act 2017-423, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-17 - Authorization and Procedure for Dissolution of District; Vesting of Title to Properties of District and Apportionment Thereof Upon Dissolution of District.

Section 11-89-17
Authorization and procedure for dissolution of district; vesting of title to properties of district and apportionment thereof upon dissolution of district.
At any time when the district has no bonds or other obligations outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the district 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 county in which the district's certificate of incorporation was filed the district shall thereupon stand dissolved and, in the event it owned any property at the time of its dissolution, the title to all its property shall thereupon pass to and be divided and apportioned among the counties and municipalities in which any part of the service area may be located, or, if it is a supply district, among its authorizing subdivisions, all in such manner and to such extent as may be provided in the district'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 or municipality, as the case may be, 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 and municipalities in which any part of the service area lies. Each such county and municipality 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 district during its then next preceding complete fiscal year from service rendered in that part of its service area within that county or municipality, as the case may be, and the denominator of which is an amount equal to the gross revenues derived by the district during the same period from services rendered in its entire service area. For the purposes of this section only, real and tangible personal property, other than cash, located and service rendered wholly within a municipality shall not be deemed to be located or rendered, as the case may be, in a county.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §18; Acts 1989, No. 89-745, p. 1494, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-18 - Existence of District Not to Prevent Subsequent Incorporation, etc., of Another District.

Section 11-89-18
Existence of district not to prevent subsequent incorporation, etc., of another district.
The existence of one or more districts incorporated under the provisions of this chapter shall not prevent the subsequent incorporation under this chapter of another district or the amendment of the certificate of incorporation of another district pursuant to authority granted by the same county, counties, municipality or municipalities, public corporation or public corporations, or by the same combination thereof, even though the service area described in the certificate of incorporation, as originally filed or amended, of any existing district may include territory that lies within the proposed service area of a district that is proposed to be incorporated under this chapter or that proposes to amend its certificate of incorporation under this chapter.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §19; Acts 1989, No. 89-745, p. 1494, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 1 - General Provisions. › Section 11-89-19 - Provisions of Chapter as to Incorporation of District, Acquisition of Property, Issuance of Bonds, etc., Exclusive; Jurisdiction Over and Regulation of District, etc., by State Board of Health, Public Service Commission, Etc.

Section 11-89-19
Provisions of chapter as to incorporation of district, acquisition of property, issuance of bonds, etc., exclusive; jurisdiction over and regulation of district, etc., by State Board of Health, Public Service Commission, etc.
Except as expressly otherwise provided in this chapter, no proceeding, notice, or approval shall be required for the incorporation of any district 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; provided, however, that nothing contained in this section shall be construed to exempt any district from the jurisdiction of the State Board of Health.
The district, every water system, sewer system, or fire protection facility of the district and the rates and charges thereof shall be exempt from all jurisdiction of and all regulation and supervision by the 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 district.
(Acts 1970, Ex. Sess., No. 29, p. 2630, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 2 - Special Corporations. › Section 11-89-30 - Legislative Findings.

Section 11-89-30
Legislative findings.
The Legislature finds and determines that it is necessary and desirable to enable districts in existence to exercise their powers in a more efficient manner which does not interfere with their existing operations or confuse their management functions, accounting, and other records. The Legislature deems that special corporations may be necessary in certain areas for services to be expanded by districts to the fullest extent possible.
(Acts 1994, No. 94-707, p. 1370, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 2 - Special Corporations. › Section 11-89-31 - Definitions.

Section 11-89-31
Definitions.
All definitions in Section 11-89-1 are incorporated in this article by reference, except that "district" shall also mean in this article any district which is operating under this article. Moreover, where used in this article, the words "special corporation" shall mean any corporation organized pursuant to this article.
(Acts 1994, No. 94-707, p. 1370, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 2 - Special Corporations. › Section 11-89-33 - Clarification of Powers.

Section 11-89-33
Clarification of powers.
(a) In addition to the powers granted to the special corporation, it is provided that if the special corporation is to operate a sewer system to provide for the collection, transportation, treatment, storage, or disposal of solid wastes, such a system may include, in addition to the facilities set out in the definition of "sewer system" in Section 11-89-1, barges, boats, towboats, transfer facilities, and such licenses, grants, agreements, contracts, and franchises as may be necessary or desirable for the conduct of the system. Also, the special corporation may contract with any municipality located in whole or in part in any county in which any part of the service area of the special corporation lies, for the collection, transfer, transportation, treatment, storage, or disposal by the special corporation of solid wastes within the municipality.
(b) The certificate of incorporation may incorporate by reference and grant to the special corporation, with the necessary changes in detail, all powers of the district which are provided in Section 11-89-7, by reference to that code section without specific enumeration of the powers, and the district may delegate to the special corporation any or all of the powers of the district contained in the code section with respect to the service or services to be rendered by the special corporation, including, without limitation, the power of eminent domain.
(Acts 1994, No. 94-707, p. 1370, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 2 - Special Corporations. › Section 11-89-34 - Directors.

Section 11-89-34
Directors.
Upon filing the certificate of incorporation and the certificate of the Secretary of State in the office of the judge of probate as provided in Section 11-89-32, the special corporation shall come into existence. The corporation shall have three directors. The directors shall be elected by the board for staggered terms so that one director shall serve an initial term of two years, one director shall serve an initial term of four years, and one director shall serve an initial term of six years. Thereafter, all directors shall serve six-year terms. Any director of the special corporation shall serve until his or her successor is elected and qualified. No director of the special corporation may be an officer of any municipality, county, or the State of Alabama, nor may any director of the special corporation be a director of the district. Each director shall reside in the service area of the special corporation as set forth in its certificate of incorporation. No director may be removed from office, except by virtue of ceasing to reside in the service area or by impeachment as provided in Section 11-89-6.
(Acts 1994, No. 94-707, p. 1370, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 2 - Special Corporations. › Section 11-89-35 - Duration.

Section 11-89-35
Duration.
No special corporation shall have a duration longer than the duration of the district which brought it into existence and authorized its incorporation. The special corporation shall stand dissolved when the district is dissolved pursuant to Chapter 89 of Title 11.
(Acts 1994, No. 94-707, p. 1370, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 2 - Special Corporations. › Section 11-89-36 - Dissolution.

Section 11-89-36
Dissolution.
Upon dissolution of a special corporation, all assets of the corporation shall be vested in the district. The dissolution may occur by expiration of the corporate life of the special corporation by the terms of its certificate of incorporation, or by adoption of a resolution to dissolve by the board of directors of the special corporation, if it has no bonds outstanding.
(Acts 1994, No. 94-707, p. 1370, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 2 - Special Corporations. › Section 11-89-37 - Acceptances.

Section 11-89-37
Acceptances.
Each special corporation may accept loans, grants, gifts, and any contributions from any public or private entity.
(Acts 1994, No. 94-707, p. 1370, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts. › Article 2 - Special Corporations. › Section 11-89-38 - Incorporation of Other Powers.

Section 11-89-38
Incorporation of other powers.
Sections 11-89-8 to 11-89-19, inclusive, which are applicable to a district shall be applicable, with the necessary changes in detail, to a special corporation, except that no special corporation created by this article shall create another special corporation under this article.
(Acts 1994, No. 94-707, p. 1370, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 89A - Solid Waste Disposal Authorities. › Section 11-89A-1 - Legislative Findings.

Section 11-89A-1
Legislative findings.
It is hereby found and declared as follows: That the collection, disposal, and utilization of solid waste is a matter of grave concern to all citizens and is an activity thoroughly affected with the public interest; that the health, safety, and welfare of the people of this state require efficient solid waste collection and disposal service and efficient utilization of such waste; that the need exists to develop alternative energy sources for public and private consumption in order to reduce our dependence on such sources as petroleum products, natural gas, nuclear and hydroelectric generation; that solid waste represents a potential source of solid fuel, oil or gas that can be converted into energy; that technology exists to produce usable energy from solid waste; that there is a need for planning, research, development, and innovation in the design, management, and operation of facilities for solid waste management, in order to encourage continuing improvement and provide adequate incentives and processes for reducing operation and other costs in the management of solid waste; that a need exists for the demonstration of systems and techniques for materials recovery and reuse of solid waste; that long-term negotiated contracts with users of energy should be utilized as an incentive for the development of facilities for the recovery of energy from solid waste; that there is a shortage of funds available for the provision of solid waste disposal and resource recovery facilities; in order to provide for the collection and disposal of solid waste and to encourage planning of solid waste collection and disposal service and resource recovery through the development of systems for the recovery of material or energy from solid waste, it is necessary and desirable to authorize the creation by counties and municipalities (or any two or more thereof) in the state of authorities which will have the power to issue and sell bonds and notes and using the proceeds of such bonds and notes to acquire and construct such facilities.
(Acts 1980, No. 80-278, p. 368, §1; Acts 1989, No. 89-744, p. 1476, §1.)