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Alabama Code (Last Updated: November 28, 2014) |
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Title11 COUNTIES AND MUNICIPAL CORPORATIONS. |
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Title2 PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY. |
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Chapter50. PUBLIC UTILITIES. |
| Article 1. General Provisions. |
| § 11-50-1.1. Acquisition of certain waterworks systems only with consent of governing board of corporation or association operating same. |
| § 11-50-2. Acquisition of power lines and rights-of-way, etc., incident thereto. |
| § 11-50-3. Sale of water and power to other municipalities. |
| § 11-50-4. Condemnation of sources of water, watersheds, rights-of-way, etc., to secure water supply. |
| § 11-50-5. Construction, purchase, operation, etc., of waterworks and water supply plants and systems and expenditure of municipal funds therefor. |
| § 11-50-6. Issuance of bonds for payment for waterworks plants, etc., purchased; security for bonds; provision in purchase agreement as to disposition of revenues from plants, etc. |
| § 11-50-6.1. Referendum on issuing obligations to construct hydroelectric generating facility in Class 5 municipality. |
| § 11-50-7. Provision in purchase agreement as to franchise right of purchaser at foreclosure sale. |
| § 11-50-8. Execution of mortgages or deeds of trust as security for debts, etc., incurred in construction, acquisition, etc., of waterworks, electric lighting, or power plants, etc. |
| § 11-50-9. Terms, covenants, etc., in mortgages or deeds of trust generally. |
| § 11-50-10. Provision in mortgages or deeds of trust as to franchise right, etc., of purchaser at foreclosure sale. |
| § 11-50-11. Provision in mortgages or deeds of trust as to disposition of revenues, etc., from plants, rates, and charges, etc. |
| § 11-50-12. Combination of electric light and power plants, etc., and waterworks plants, etc.; use of electric light and power plants, etc., and disposition of revenues therefrom. |
| § 11-50-13. Transfer of waterworks, sewer, electric, and gas plants, etc., to boards organized and incorporated to own and operate same. |
| § 11-50-15. Fees of directors. |
| § 11-50-17. Payment of interest by waterworks boards in Class 1 municipalities on customer security deposits. |
| Article 2. Acquisition of Water Supply by Foreign Municipal Corporations. |
| § 11-50-30. Acquisition, etc., by foreign municipalities of property necessary to afford adequate water supply authorized. |
| § 11-50-31. Rights and powers of domestic municipal corporations as to acquisition, maintenance, etc., of waterworks systems conferred upon foreign municipal corporations. |
| § 11-50-32. Rights and powers of foreign municipal corporations to contract with persons, municipal corporations, etc., within state for water supply. |
| § 11-50-33. Consent of counties and municipalities required. |
| § 11-50-34. Exercise of jurisdiction over territory acquired by foreign municipalities generally. |
| § 11-50-35. Exemption from levy, attachment, etc., of property of foreign municipal corporations. |
| § 11-50-36. Taxation of property acquired by foreign municipalities. |
| Article 3. Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally. |
| Division 1. General Provisions. |
| § 11-50-50. Construction and maintenance of sewers, drains, etc., by municipalities authorized. |
| § 11-50-51. Condemnation of easements, etc. |
| § 11-50-52. Extension or alteration of sewer system, etc. |
| § 11-50-53. Regulation, installation, etc., of drainage and sewer connections generally. |
| § 11-50-54. Regulation, installation, etc., of drainage, plumbing, sewer connections, etc. |
| § 11-50-55. Regulation, installation, etc., of privies, water closets, septic tanks, etc.; preparation and filing of statement as to installation, etc., of privies, water closets, etc. |
| § 11-50-56. Giving of notice under provisions of division. |
| Division 2. Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor. |
| § 11-50-70. "Council" defined. |
| § 11-50-71. Authorized. |
| § 11-50-72. Adoption of ordinance or resolution describing sewer system to be purchased, ordering preparation of maps, profiles, etc., thereof, etc. |
| § 11-50-73. Filing of maps, profiles, etc., in office of engineer for public inspection. |
| § 11-50-74. Execution of contract for purchase of sewers or sewer system by council; contents and terms thereof. |
| § 11-50-76. Publication of ordinance or resolution. |
| § 11-50-77. Hearing upon objections as to proposed purchase; amendment, modification, rescission, etc., of ordinance or resolution and contract by council. |
| § 11-50-78. Payment of portion of costs of purchase by council; costs of purchase specified. |
| § 11-50-79. Assessment of cost of sewers or sewer system against abutting lands authorized. |
| § 11-50-80. Preparation, etc., of list of property owners to be assessed for purchase; entry of list in assessment book for local improvements. |
| § 11-50-81. Delivery of assessment book to city or town clerk; publication of notice as to delivery and inspection of book, hearing upon objections to assessments, etc. |
| § 11-50-82. Effect and correction of defects or errors in notice. |
| § 11-50-83. Filing of written objections, etc., to proposed assessments by property owners. |
| § 11-50-84. Hearing upon objections, etc., to assessments. |
| § 11-50-85. Fixing of amount of assessments by council and effect thereof. |
| § 11-50-86. Assignment and transfer of assessment liens. |
| § 11-50-87. Enforcement of assessment liens in circuit court. |
| § 11-50-88. Effect of enforcement of tax liens upon property upon assessment liens. |
| § 11-50-89. Effect of sale of property for enforcement of assessment lien upon other assessment liens upon same property. |
| § 11-50-90. Appeals from assessments. |
| § 11-50-91. Payment of assessments generally. |
| § 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. |
| § 11-50-95. Redemption of property after sale. |
| § 11-50-96. Issuance of bonds to pay for sewers or sewer system authorized generally. |
| § 11-50-97. Making of loans and issuance of bonds to pay for sewers or sewer system. |
| § 11-50-98. Form, terms, denominations, etc., of bonds; execution, sale, etc., thereof. |
| § 11-50-99. Disposition of proceeds from sale of bonds. |
| § 11-50-100. Payment and redemption of bonds generally. |
| § 11-50-101. Issuance, etc., of bonds by municipalities having less than six thousand inhabitants. |
| § 11-50-102. Liability of municipal officials to bondholders for diversion, misappropriation, etc., of funds for payment of bonds. |
| § 11-50-103. Maintenance of account and disbursement of proceeds from assessments generally. |
| § 11-50-104. Deposit of assessment proceeds in bank; manner of withdrawal thereof. |
| § 11-50-105. Use of proceeds to redeem bonds and coupons; disposition of excess. |
| § 11-50-106. Refunding of excess assessments - Authority and procedure generally. |
| § 11-50-107. Refunding of excess assessments - Limitation period for presentation of claims; disposition of amounts not refunded. |
| § 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. |
| Division 3. Charges for Services of Sewer Systems. |
| § 11-50-120. Definitions. |
| § 11-50-121. Establishment, etc., of charges for sewer services; combination of sewer system and water distribution system and establishment, etc., of single schedule of charges, etc., therefor. |
| § 11-50-122. Enforcement of charges. |
| Article 4. Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities. |
| § 11-50-140. Definitions. |
| § 11-50-141. Authorized. |
| § 11-50-142. Passage of resolution by governing body providing for sale, lease, etc. |
| § 11-50-143. Ordering of special election for authorization of sale, lease, etc. |
| § 11-50-144. Calling of election. |
| § 11-50-145. Notice of election. |
| § 11-50-146. Appointment of clerks, returning officers, etc., and designation of voting places. |
| § 11-50-147. Qualifications for voting; provision of ballots; conduct of election generally. |
| § 11-50-148. Form and marking of ballots. |
| § 11-50-149. Disposition of ballots at conclusion of election; canvassing of returns and declaration of election results. |
| § 11-50-150. Execution of sale, lease, etc., by governing body and terms thereof. |
| § 11-50-151. Purchaser to assume payment of existing bonded indebtedness upon plant. |
| Article 5. Transfer of Water Systems Without Elections. |
| § 11-50-170. Authorized; terms; adoption of resolutions authorizing transfer. |
| § 11-50-171. Publication of notice of adoption of resolution authorizing transfer, certain terms thereof, etc.; limitation period for action to restrain proposed transfer, etc. |
| § 11-50-172. Provision by transferor for payment of outstanding bonds, mortgages, indentures, etc. |
| § 11-50-173. Execution of necessary agreements and instruments authorized. |
| § 11-50-174. Construction of article; exemption from jurisdiction and regulation of state Public Service Commission, etc. |
| Article 6. Transfer of Water and Sewer Systems by Municipalities Without Elections. |
| § 11-50-190. Definitions. |
| § 11-50-191. Conveyance authorized; terms; ordinance or resolution. |
| § 11-50-192. Agreements. |
| Article 7. Transfer of Gas System Without Elections. |
| § 11-50-210. Definitions. |
| § 11-50-211. Conveyance authorized; terms and conditions; ordinances and resolutions. |
| § 11-50-212. Implementation of article. |
| § 11-50-213. Article supplemental. |
| Article 8. Waterworks and Sewer Boards. |
| Division 1. General Provisions. |
| § 11-50-230. Definitions. |
| § 11-50-231. Application for authority to form corporation for operation of waterworks and sanitary sewer systems; adoption of resolution by municipal governing body authorizing incorporation. |
| § 11-50-232. Certificate of incorporation - Contents; amendment. |
| § 11-50-233. Certificate of incorporation - Acknowledgment, filing, and recordation. |
| § 11-50-234. Board of directors. |
| § 11-50-234.1. Meeting expense allowance for board members. |
| § 11-50-236. Execution, etc., of contracts as security for repayment of moneys borrowed. |
| § 11-50-238. Transfer of systems to corporation; powers of corporation as to conveyance, etc., of title to systems. |
| § 11-50-240. Issuance of revenue bonds for improvement and extension of waterworks plants and pledge of revenues from gas systems for payment thereof. |
| § 11-50-241. Construction of division; jurisdiction, etc., of State Board of Health and state Public Service Commission. |
| Division 2. Acquisition, Operation, etc., of Gas Plants and Systems. |
| § 11-50-260. Authorization generally. |
| § 11-50-261. Additional powers of boards as to gas plants and systems. |
| § 11-50-263. Execution, etc., of contracts as security for repayment of moneys borrowed. |
| § 11-50-265. Transfer of gas plant or system to waterworks board; sale or transfer of plant or system by board to utility regulated by state Public Service Commission. |
| § 11-50-266. Notice to owner of existing gas plant or system in territory of intention of waterworks board to operate gas plant or system therein, etc. |
| § 11-50-267. Voluntary sale of existing plant or system to board by owner. |
| § 11-50-268. Application to Public Service Commission for determination as to terms of acquisition; hearing; issuance of order by commission as to terms, conditions, etc., of acquisition. |
| § 11-50-269. Appeal from order of commission. |
| § 11-50-270. Completion of sale pursuant to final determination of commission or court; effect of failure of seller to tender deed, etc., or of board to accept deed, pay purchase price, etc. |
| § 11-50-271. Consolidation of gas and waterworks plants and systems. |
| § 11-50-272. Change of name of board upon acquisition of gas plant or system. |
| § 11-50-273. Construction of division; exemption from jurisdiction and regulation of state Public Service Commission. |
| Division 3. Management and Operation of Sanitary Sewer Systems as Agents of Municipalities. |
| § 11-50-290. Contracts between municipalities and waterworks board for operation and management of sanitary sewer systems. |
| § 11-50-291. Rights and powers of municipalities and State Board of Health as to sanitary sewers not impaired by division. |
| Article 9. Boards for Operation of Water, Sewer, Gas and Electric Systems. |
| § 11-50-310. Definitions. |
| § 11-50-311. Application for authority to incorporate; adoption of resolution by municipal governing body authorizing incorporation. |
| § 11-50-313. Board of directors. |
| § 11-50-314. Powers of corporation generally; provisions in mortgages, deeds of trust, or pledge agreements executed by corporation as to rights of parties thereto, etc. |
| § 11-50-315. Execution, etc., of contracts as security for repayment of moneys borrowed. |
| § 11-50-317. Pledge of revenues from and mortgaging of systems for payment of bonds. |
| § 11-50-318. Disposition of proceeds from sale of bonds. |
| § 11-50-319. Exemption from usury and interest statutes. |
| § 11-50-321. Consolidation of systems. |
| § 11-50-322. Exemption from taxation of bonds, property, and income of corporation; other exemptions. |
| § 11-50-323. Construction of article; jurisdiction, etc., of State Board of Health and state Public Service Commission. |
| § 11-50-324. Applicability of provisions of Sections 11-50-230 through 11-50-273 and Sections 37-4-60 through 37-4-65. |
| Article 10. Boards of Water and Sewer Commissioners. |
| § 11-50-340. Definitions. |
| § 11-50-341. Creation. |
| § 11-50-342. Qualifications, appointment, terms of office, compensation, and removal of members of board; oath and bond thereof; vacancies; election of officers; quorum. |
| § 11-50-343. Powers generally; publication, recordation, and authentication of resolutions of board. |
| § 11-50-344. Transfer of existing water or sewer systems to board; powers of board as to conveyance, etc., of title to systems. |
| § 11-50-346. Execution of trust agreement as security for payment of revenue bonds authorized; provisions in trust agreements or resolutions for issuance of bonds generally. |
| § 11-50-347. Provisions in resolutions for issuance of revenue bonds or trust agreements securing same as payment of rates, fees, or charges for services. |
| § 11-50-348. Liability upon revenue bonds, etc.; payment of bonds and expenses. |
| § 11-50-349. Remedies of bondholders and trustees. |
| § 11-50-350. Revenue refunding bonds. |
| § 11-50-351. Establishment, collection, etc., of rates, fees, and charges for services furnished. |
| § 11-50-352. Adoption, etc., of rules and regulations as to connection of buildings to sewers. |
| § 11-50-353. Moneys received under article deemed trust funds; provisions in trust agreements or resolutions for issuance of bonds as to trustees. |
| § 11-50-354. Exemption from taxation of systems, revenue bonds, etc. |
| § 11-50-356. Provisions of article cumulative; issuance of revenue bonds and revenue refunding bonds. |
| § 11-50-357. Article to be liberally construed. |
| § 11-50-358. Conflicting laws. |
| Article 11. Operation of Sanitary Sewer Systems by Public Water Corporations. |
| § 11-50-370. Definitions. |
| § 11-50-371. Contracts between public water corporations and public sewer corporations for operation and management of sanitary sewer systems. |
| § 11-50-372. Rights and powers of public water corporations and State Board of Health as to sanitary sewers not impaired by article. |
| Article 12. Gas Districts. |
| § 11-50-390. Definitions. |
| § 11-50-391. Creation. |
| § 11-50-393. Board of directors - Composition; compensation; removal actions. |
| § 11-50-394. Board of directors - Organization; officers. |
| § 11-50-395. Board of directors - Powers generally; resolutions. |
| § 11-50-396. Powers generally. |
| § 11-50-397. Exercise of powers of eminent domain generally. |
| § 11-50-398. Acquisition, construction, operation, etc., of gas distribution systems outside territory of municipalities by which incorporated. |
| § 11-50-399. Acquisition of competing gas systems, etc. |
| § 11-50-400. Use of public highway rights-of-way. |
| § 11-50-401. Promulgation of rules and regulations as to installation, maintenance, etc., of gas fixtures, pipes, etc., served by district - Authorized. |
| § 11-50-402. Promulgation of rules and regulations as to installation, maintenance, etc., of gas fixtures, pipes, etc., served by district - Procedure. |
| § 11-50-403. Rules and regulations not to supersede rules, regulations, etc., of municipalities in territory served by district; municipal rules, regulations, etc., to govern in event of conflict. |
| § 11-50-404. Transfer of systems to district by municipalities. |
| § 11-50-405. Bonds - Authorization for issuance; form, terms, denominations, etc.; execution and delivery; sale; refunding and exchange; issuance of interim receipts or temporary bonds. |
| § 11-50-406. Bonds - Disposition of proceeds from sale. |
| § 11-50-408. When mortgages or pledges of property or revenues and liens thereof effective; properties, persons, etc., subject thereto. |
| § 11-50-409. Liability upon bonds, etc.; payment of bonds. |
| § 11-50-410. Rights and remedies of bondholders and trustees. |
| § 11-50-411. Disposition of net profits of district; "net income" defined; distribution of less than net income for fiscal year; availability for payment in future fiscal years. |
| § 11-50-412. Taxation - Exemption of property, income, bonds, etc., of district generally. |
| § 11-50-413. Taxation - Levy and collection of privilege license tax by certain municipalities. |
| § 11-50-414. Validation of proceedings to incorporate gas districts. |
| § 11-50-415. Exemption from usury and interest statutes. |
| § 11-50-417. Provisions of article exclusive. |
| Article 13. Waterworks Utility Boards. |
| § 11-50-430. Creation; composition. |
| § 11-50-431. Members of board - Qualifications. |
| § 11-50-432. Members of board — Election and terms of office; vacancies. |
| § 11-50-433. Members of board - Oath of office. |
| § 11-50-434. Members of board - Impeachment and removal. |
| § 11-50-435. Members of board - Compensation. |
| § 11-50-436. Officers. |
| § 11-50-437. Meetings. |
| § 11-50-438. Official bonds of certain officers and employees. |
| § 11-50-439. Powers and duties of board generally. |
| § 11-50-440. Appointment of accountant, etc., to make annual examination and report of books and accounts. |
| § 11-50-441. Annual report to municipal governing body. |
| § 11-50-442. Expenditures for new construction, additions, etc., to waterworks plant and system, etc. |
| § 11-50-443. Maintenance and disbursement of funds of board generally. |
| § 11-50-444. Disposition of moneys received from operation of waterworks plant and system. |
| § 11-50-445. Fixing of bonds required from depositories. |
| Article 14. Gas Utility Boards. |
| § 11-50-460. Creation; composition. |
| § 11-50-461. Members of board - Qualifications. |
| § 11-50-462. Members of board - Election and terms of office; vacancies. |
| § 11-50-463. Members of board - Oath of office. |
| § 11-50-464. Members of board — Impeachment and removal. |
| § 11-50-465. Members of board - Compensation. |
| § 11-50-466. Officers. |
| § 11-50-467. Meetings. |
| § 11-50-468. Official bonds of certain officers and employees. |
| § 11-50-469. Powers and duties of board generally. |
| § 11-50-470. Appointment of accountant, etc., to make annual examination and report of books and accounts. |
| § 11-50-471. Annual report to municipal governing body. |
| § 11-50-472. Expenditures for new construction, additions, etc., to gas distribution system, etc. |
| § 11-50-473. Maintenance and disbursement of funds of board generally. |
| § 11-50-474. Disposition of moneys received from operation of gas distribution system. |
| § 11-50-475. Fixing of bonds required from depositories. |
| Article 15. Electric Utility Boards. |
| § 11-50-490. Creation. |
| § 11-50-491. Qualifications of members. |
| § 11-50-492. Election of members; filling of vacancies. |
| § 11-50-493. Oath. |
| § 11-50-494. Chairman; secretary. |
| § 11-50-495. Compensation. |
| § 11-50-496. Meetings; record of proceedings. |
| § 11-50-497. Powers and duties generally. |
| § 11-50-498. Impeachment and removal. |
| § 11-50-499. Bonds of officers and employees. |
| § 11-50-500. Examination of books and accounts. |
| § 11-50-501. Annual report. |
| § 11-50-502. Expenditures for new construction, additions, or replacements. |
| § 11-50-503. Segregation and withdrawal of funds. |
| § 11-50-504. Deposit and distribution of money received from use of electric system. |
| § 11-50-505. Bond or securities of depository. |
| § 11-50-506. Effect of chapter on existing laws, etc. |
| Article 16. District Electric Corporations. |
| § 11-50-520. Definitions. |
| § 11-50-521. Authority to incorporate. |
| § 11-50-522. Procedure for incorporation. |
| § 11-50-523. Amendment of certificate of incorporation. |
| § 11-50-524. Corporate powers. |
| § 11-50-525. Board of directors. |
| § 11-50-526. Bonds - Sale or issuance generally. |
| § 11-50-527. Bonds - Consent of Department of Finance. |
| § 11-50-528. Bonds - Nature of obligations. |
| § 11-50-529. Bonds - Rights and remedies of bondholders. |
| § 11-50-530. Rates and charges for services rendered. |
| § 11-50-531. Exemption from taxation. |
| § 11-50-532. Dissolution. |
| § 11-50-533. Municipal aid. |