Code of Alabama - Title 11: Counties and Municipal Corporations - Title 3 - Provisions Applicable to Counties and Municipal Corporations
- Chapter 80 GENERAL PROVISIONS.
- Section 11-80-1 Condemnation of lands for public building sites, roads, streets, construction materials, etc
(a) Counties and municipal corporations may condemn lands for public building sites or additions thereto, or for enlargements of sites already owned, or for public...
- Section 11-80-2 Relocation assistance for persons displaced by acquisition of real property under local land acquisition programs
(a) The incorporated municipalities and counties of this state are hereby empowered to provide relocation assistance to persons displaced by the acquisition of real property...
- Section 11-80-3 Contracts between counties and municipalities as to use and occupation, etc., of public buildings located in municipalities
Municipalities and counties may contract with each other for the ownership or use and occupation of parts of city halls, city jails, county courthouses, and...
- Section 11-80-4 Appropriations for municipal bands, etc
The counties, cities, and towns in the State of Alabama may appropriate moneys out of their general funds for the maintenance and support of municipal...
- Section 11-80-4.1 Appropriations and contributions to community action agencies
(a) County and municipal governments in Alabama are hereby authorized to appropriate from the general fund of the county or municipality, or from federal revenue...
- Section 11-80-5 Planning, establishment, administration, etc., of recreational, social and cultural facilities, services, etc., for senior citizens
The counties and municipalities of this state are hereby authorized to plan, establish, and furnish recreational, social and cultural facilities, services and programs, including transportation...
- Section 11-80-7 Authority of municipalities, counties, public corporations, boards of education, etc., with respect to letters of credit as security for bonds, notes, etc
Any municipality, county, public corporation, city or county board of education, the State Board of Education, or any other entity organized pursuant to authorization, determination...
- Section 11-80-8.1 Enactment of ordinances, resolutions, etc., controlling rent charged for leasing private property prohibited
(a) As used in this section, "local governmental unit" means any political subdivision of this state including, but not limited to, a county, city, town,...
- Section 11-80-9 Assistance to governing body of municipality or county when municipality or county declared disaster area; procedure; mutual aid agreements
(a) The governing body of each incorporated municipality and the county commission of each county of the state is hereby authorized to provide assistance, by...
- Section 11-80-10 Licensing of junkyards located within and outside police jurisdictions by municipalities and counties
(a) As used in this section, the following words and phrases shall have the following meanings unless the context clearly indicates otherwise: (1) JUNKYARD. An...
- Section 11-80-11 Authority reserved to Attorney General to bring or settle certain lawsuits concerning firearms, ammunition, etc
The authority to bring or settle any lawsuit in which the state has an exclusive interest or right to recover against any firearm or ammunition...
- Section 11-80-12 Retention of judicially prescribed method of election and number of serving members for boards of education, county commissions, or municipal governing bodies
Notwithstanding any other provision of law to the contrary, any board of education, county commission, or municipal governing body whose currently serving members have been...
- Section 11-80-13 Cemetery rehabilitation authorities
(a)(1) County commissions may establish a county cemetery rehabilitation authority, hereinafter authority, to designate, register, and maintain neglected cemeteries lying outside any municipal area within...
- Section 11-80-14 Deaf or blind child area signs
(a) Upon request, a city or county may install a deaf or blind child area sign to warn drivers in the area that a deaf...
- Section 11-80-15 Regulation of fertilizer
(a) A county commission or municipal governing body may not adopt or continue in effect any ordinance, rule, or resolution regulating the registration, packaging, labeling,...
- Section 11-80-16 Prohibition against requiring employers to grant or compensate for vacation or leave not required by state or federal law
(a) For purposes of this section, the following words have the following meanings: (1) EMPLOYEE. An individual employed in this state by an employer. (2)...
- Chapter 81 MUNICIPAL AND COUNTY BONDS.
- Article 1 General Provisions.
- Section 11-81-1 Execution of mortgages to secure bonds and indebtedness incurred in purchase, construction, extension, etc., of school buildings or waterworks, gas, light, etc., plants
Any city or town of the State of Alabama that may hereafter construct or purchase school buildings, a waterworks plant, gas plant, electric light plant,...
- Section 11-81-2 Execution of mortgages or deeds of trust upon property acquired, etc., with proceeds of bond issues; recordation of same
Any municipal corporation in this state shall have power and authority to execute a mortgage or deed of trust upon the property acquired or to...
- Section 11-81-3 Issuance of refunding or funding bonds as to adjustment, etc., of indebtedness
The governing body of any county, city or town, or municipal authority organized under Article 9, Chapter 47 of this title which shall authorize the...
- Section 11-81-4 Issuance of refunding interest-bearing certificates of indebtedness, warrants or notes by municipalities; pledge of tax, revenues, etc., for payment of principal and interest on same
The governing body of any municipality in this state is hereby authorized to issue, without an election, refunding interest-bearing certificates of indebtedness or refunding interest-bearing...
- Section 11-81-5 Places of payment
All bonds may be made payable at such place or places within or without the State of Alabama as the proper governing body may designate.
- Section 11-81-6 Maturity and payment - Generally
The principal of all bonds issued under this chapter, except bonds issued under Division 1 of Article 4 of this chapter, shall be payable as...
- Section 11-81-7 Maturity and payment - Bonds issued and sold in series
In any case where general obligation bonds of a county or a municipality have heretofore been or may hereafter be authorized at an election held...
- Section 11-81-8 Estimate as to period of usefulness of improvement or property for which bonds issued
The governing body shall estimate the period of usefulness of the improvement or property for which the bonds are issued, and such estimate of the...
- Section 11-81-9 Form; appointment of registrar and provision for registration and transfer
Bonds issued under this chapter may be issued either in registered or coupon form. If they are coupon bonds, they may be made registerable either...
- Section 11-81-10 Sale price
All bonds, except revenue bonds, issued under this chapter shall be sold by the governing body at not less than 95 percent of their par...
- Section 11-81-11 Sale
All bonds issued under the authority of this chapter shall be sold at public or private sale as the governing body of the municipality or...
- Section 11-81-12 Determination of highest bidder
In determining the highest bidder for bonds offered for sale at any public sale held pursuant to this chapter, the lowest net interest cost to...
- Section 11-81-13 Disposition of proceeds from sale
The principal proceeds received in the sale of any bonds hereafter issued under the authority of this chapter shall be used for the purposes for...
- Section 11-81-14 Presumption as to validity of issuance, sale, etc.; limitation period for actions to contest validity thereof
Any bonds reciting that they are issued pursuant to this chapter shall in any action or proceeding involving their validity be conclusively deemed to be...
- Section 11-81-15 Levy, collection and disposition of special tax for payment of principal and interest on bonds and sinking fund payments
In every county and municipality the officers charged by law with the duty of levying taxes shall annually, without further authority, levy a tax, insofar...
- Section 11-81-16 Pledge of revenues from certain taxes, utilities, etc., for payment of principal and interest on bonds
In any case in which a county or municipality may hereafter issue any bonds which are general obligations of such county or municipality, there may...
- Section 11-81-17 Pledge of revenues from waterworks system to secure payment of bonds
Any municipality or county may pledge the net revenues of any waterworks system maintained and operated by such municipality for the purpose of supplying such...
- Section 11-81-18 Pledge of revenues from license, privilege, or excise taxes for payment of principal and interest on bonds
In any case in which a municipality or county may hereafter issue any securities, including bonds, warrants, notes and certificates of indebtedness, whether such securities...
- Section 11-81-19 Investment of sinking funds generally; reports as to investment or deposit of sinking funds; contracts for purchase of savings certificates
All sinking funds provided for the retirement of bonds shall be invested in bonds of such subdivision or in bonds of the United States or...
- Section 11-81-20 Investment of funds received to credit of sinking fund
Any funds of any municipality or county which may come into the hands of such county or municipality to the credit of any sinking fund...
- Section 11-81-21 Investment of funds obligation in which sinking funds may be invested
Any municipal funds or county funds not presently needed for other purposes may be invested in any obligations in which sinking funds are now authorized...
- Section 11-81-22 Sinking fund bonds - Issuance, etc
Any city which has power to issue bonds to refund the principal of its unmatured bonds under this chapter, may, in the discretion of the...
- Section 11-81-23 Sinking fund bonds - Designation; maturity and interest; disposition
Bonds issued to and placed in such a sinking fund pursuant to Sections 11-81-22 through 11-81-25 shall be designated "sinking fund bonds." Notwithstanding anything contained...
- Section 11-81-24 Sinking fund bonds - Creation of sinking fund; employment and duties of trustee of sinking fund
Any city which desires to issue bonds as provided by Sections 11-81-22 through 11-81-24 to refund the principal of any of its unmatured bonds may...
- Section 11-81-25 Sinking fund bonds - Powers of trustee of sinking fund
Any trustee of a sinking fund established under Sections 11-81-22 through 11-81-24 shall have power to invest in such manner and subject to such restrictions...
- Section 11-81-26 Mandamus proceedings
Any court having jurisdiction shall issue mandamus for the levy and collection and proper application of the tax required by Section 11-81-15 or for the...
- Section 11-81-27 Mortgages of public property for payment of debts
Any county or municipality of this state may mortgage any public property for the payment of any debt contracted in connection with such mortgaged property...
- Section 11-81-28 Issuance, sale, etc., of negotiable notes in anticipation of sale of bonds
Whenever bonds of any county or municipality shall have been authorized under this chapter at any election or by the governing body thereof in cases...
- Section 11-81-29 Bonds and interest coupons exempt from taxation
All bonds and interest coupons attached to the same issued under the authority of this chapter shall be exempt from state, county and municipal taxation.
- Section 11-81-30 Irregularities in proceedings for issuance, etc., not to affect validity of bonds; properties, etc., of bonds
No irregularity in the proceedings to authorize the issue of bonds under this chapter nor the omission or neglect of any officer charged with the...
- Section 11-81-31 Ratification of certain irregular elections for issuance of bonds
Every election heretofore held in any municipality or in any county for the purpose of voting upon and deciding the question of whether bonds of...
- Section 11-81-32 Issuance of duplicates for lost, mutilated or destroyed bonds
Whenever it shall be made to appear to the governing body of any municipality or county by clear and satisfactory evidence that any bond of...
- Section 11-81-33 Execution of bonds, etc., with engraved or otherwise reproduced facsimile of signature, seal or other means of authentication, etc
Any bonds, notes or other obligations for the payment of money heretofore or hereafter authorized to be issued and delivered by any city or town...
- Article 2 Municipal Bonds Generally.
- Section 11-81-50 Municipality defined
In this article "municipality" means and includes any city or town now or hereafter created, except where clearly restricted.
- Section 11-81-51 Purposes for which bonds may be issued
All municipalities shall have full and continuing power and authority within the limits of the Constitution now in effect or that may be hereafter provided...
- Section 11-81-52 Ordering of election for determination as to issuance of bonds
The governing body of any municipality in this state may order elections to be held in such municipality for the purpose of voting upon and...
- Section 11-81-53 Notice of election
Notice of any election held under the provisions of this article shall be given by publication in a newspaper published in the municipality in which...
- Section 11-81-54 Ballots
The ballot used at such election shall be prepared under the direction of the mayor or other chief executive officer and shall be in such...
- Section 11-81-55 Conduct of election generally
The governing body of any municipality in which an election is held under this article shall designate the number and location of voting places and...
- Section 11-81-56 Expenses of election; compensation of managers, clerks, and returning officers
All expenses for holding such election shall be paid out of the treasury of the municipality in which the same is held, and the managers,...
- Section 11-81-57 Board of canvassers
The governing body of such municipality in which an election has been held under this article shall constitute a board to canvass the returns and...
- Section 11-81-58 Recordation of election results
The record of the result of the election as ascertained and declared by the board of canvassers shall be recorded in the minutes of the...
- Section 11-81-59 Election contest - Authorized; bond required
Any election held under the provisions of this article can be contested by any qualified elector of the municipality by executing a bond with sufficient...
- Section 11-81-60 Election contest - Notice and hearing
Notice of contest shall be served on the mayor or chief executive officer of the municipality in which such election was held when the bond...
- Section 11-81-61 Election contest - Limitation of action
No civil action shall be commenced to test the validity of any election held by any municipality of this state for the purpose of issuing...
- Section 11-81-62 Issuance of bonds
If at any election held under and according to the provisions of this article a majority of the qualified electors voting upon such proposition vote...
- Section 11-81-63 Execution and delivery of bonds
Bonds of a municipality shall be signed by two or more officers of the municipality holding office at the time of such signing, one of...
- Section 11-81-64 Bonds for refunding or funding of bonds outstanding - Authority for issuance; sale or exchange; rights, etc., of holders thereof
The governing body of any municipality may, without any election, issue bonds of the municipality for the purpose of refunding a like or greater face...
- Section 11-81-65 Bonds for refunding or funding of bonds outstanding - Security
Where the indebtedness to be funded or refunded is secured in whole or in part by a lien, mortgage, or deed of trust upon any...
- Section 11-81-66 Bonds and coupons receivable for payment of taxes and dues
Such bonds and coupons shall, after the maturity thereof, be receivable in payment of all taxes and dues to the municipality issuing the same.
- Section 11-81-67 Applicability of provisions of general election laws; mandatory and directory provisions of article
Where no provisions are otherwise made in this article, the general election laws of the state then in existence with regard to all notices, qualifications...
- Section 11-81-68 Audits
There shall be an annual audit by a certified public accountant or other disinterested public accountant of every municipality having according to the most recent...
- Article 3 County Bonds Generally.
- Section 11-81-80 Purposes for which bonds may be issued
All counties shall have full and continuing power and authority within the limits of the Constitution now in effect or that may be hereafter provided...
- Section 11-81-81 Ordering of election for determination as to issuance of bonds
The county commission may order an election to be held in its county for deciding whether or not the bonds of the county shall be...
- Section 11-81-82 Notice of election
Notice of such election shall be given by publication in a newspaper published in the county in which the election is to be held once...
- Section 11-81-83 Ballots
The ballot used at such election shall be prepared under the direction of the probate judge and shall be in such form as may not...
- Section 11-81-84 Conduct of election generally
The probate judge, the circuit clerk, and the sheriff of the county in which an election is being held under this article, within 10 days...
- Section 11-81-85 Expenses of election; compensation of managers, clerks, and returning officers
All expenses for holding such election shall be paid out of the treasury of the county in which the same is held, and the managers,...
- Section 11-81-86 Board of canvassers
The clerk of the circuit court, the probate judge and the sheriff of the county in which an election is being held under this article...
- Section 11-81-87 Recordation of election results
The record of the result of the election held under this article as returned by the board of canvassers shall be recorded in the minutes...
- Section 11-81-88 Election contest - Authorized; bond required
A contest of the election held under this article in any county may be made by any qualified elector of the county by executing a...
- Section 11-81-89 Election contest - Notice and hearing; representation of county
Notice of the contest shall be served on the district attorney of the county in which the contest is instituted and said district attorney shall...
- Section 11-81-90 Election contest - Limitation of action
No civil action shall be commenced to test the validity of any election held by any county of this state for the purpose of issuing...
- Section 11-81-91 Issuance of bonds
If at an election held under and according to the provisions of this article, a majority of the qualified electors of the county voting upon...
- Section 11-81-92 Execution and delivery of bonds
Bonds of a county shall be signed by the manually subscribed or facsimile signature of any two or more officers of the county holding office...
- Section 11-81-93 Bonds for refunding of bonds outstanding or installments on serial bonds outstanding - Authority for issuance
(a) The county commission of any county having bonds outstanding, without an election, may issue bonds of the county for the purpose of refunding the...
- Section 11-81-94 Bonds for refunding of bonds outstanding or installments on serial bonds outstanding - Security
All bonds issued under the authority of Section 11-81-93 shall have all the security and protection to which the original bonds were entitled.
- Section 11-81-95 Bonds for refunding of bonds outstanding or installments on serial bonds outstanding - Special tax levy for payment of principal and interest
Where the levy of a special tax was or is authorized to be made to provide for the payment of the principal and interest of...
- Section 11-81-96 Applicability of provisions of general election laws; mandatory and directory provisions of article
Where no provisions are otherwise made in this article, the general election laws of the state then in existence with regard to all notices, qualifications...
- Section 11-81-97 Applicability of provisions pertaining to municipal bonds
The provisions of Sections 11-81-5 through 11-81-20 and 11-81-22 through 11-81-33 shall be applicable to bonds issued under this article.
- Article 4 Public Improvement Bonds.
- Division 1 Bonds for Street and Sidewalk Improvements, Sewer Systems or Other Improvements Generally.
- Section 11-81-110 Issuance generally; pledge of proceeds of assessments, etc., as security for payment
(a) For the purpose of providing funds to pay the cost of street and sidewalk improvements, sanitary or storm water sewers or sewer systems, including...
- Section 11-81-111 Maturity and payment; sale or delivery in payment for work
Such bonds shall be subject to the provisions of Sections 11-81-5 through 11-81-20 and 11-81-22 through 11-81-33 except that they shall be payable in annual...
- Section 11-81-112 Disposition of proceeds from sale
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...
- Section 11-81-113 Grouping of improvements for issuance of bonds
Any municipality desiring to issue bonds under this division shall have power to group improvements under two or more improvement ordinances and make one issue...
- Section 11-81-114 Maintenance and disposition of sinking fund account for bond issues; enforcement of maintenance of accounts, payment of bonds, etc.; disposition of assessments securing bonds in certain cities
(a) The official charged with the duty of collecting assessments shall keep all sinking funds in some bank or banks paying interest on time deposits...
- Section 11-81-115 Bond of officer charged with collection of assessments; liability of officer and members of governing body for diversion, misappropriation, etc., of funds
(a) The official charged with the duty of collecting assessments shall be required to give bond, including the amount of any official bond which may...
- Section 11-81-116 Redemption of bonds
At any time when the amount of any particular fund shall, with its accumulations, equal the amount of any one of the outstanding bonds and...
- Section 11-81-117 Refunding of excess assessments - Authority and procedure generally
In the event the amount collected from the assessment under any improvement ordinance shall exceed the total cost and expense of the improvement, there shall...
- Section 11-81-118 Refunding of excess assessments - Limitation period for presentation of claims; disposition of amounts not refunded
If such claims are not presented within 12 months from the date of the maturity or payment of the bonds, they shall be forever barred,...
- Section 11-81-119 Settlement, adjustment or refunding of bonds
The governing body of any municipality shall have the power to settle, adjust and refund any bonds of such city heretofore or hereafter issued to...
- Section 11-81-120 Sale or issuance to custodian of special fund, etc., of refunding bonds
Where the municipality has used any part of its waterworks fund or other special fund of like character for the purpose of taking up at...
- Section 11-81-121 Consolidation of separate outstanding issues for issuance of refunding bonds
In exercising the powers conferred by Sections 11-81-119 and 11-81-120, it shall not be necessary to make a separate issue of refunding bonds with respect...
- Section 11-81-122 Maintenance and disposition of sinking fund accounts for refunding bond issues
A separate sinking fund account shall be provided and kept for each refunding bond issue authorized under the provisions of Sections 11-81-119 through 11-81-121 to...
- Section 11-81-123 Liability, etc., upon bonds, etc., when municipalities consolidated
When any two or more municipalities are consolidated by special act or under the general law, all assessment bonds upon property for improvements or obligations...
- Division 2 Bonds for Certain Revenue-Producing Undertakings.
- Section 11-81-140 Definitions
When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) UNDERTAKING. Such...
- Section 11-81-141 Powers of municipalities or counties generally; provisions in instruments or deeds of trust creating pledges, mortgages, liens, etc., for payment of bonds; determination of costs of acquisition, construction, etc., of undertakings
(a) In addition to the powers which it may now have, any municipality or county shall have power under this division: (1) To acquire by...
- Section 11-81-142 Authorization of acquisition, construction, etc., of undertaking taking and issuance of bonds in anticipation of revenues
The acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking may be authorized under this division; and, in anticipation of the revenues to be...
- Section 11-81-143 Covenants in bond authorization resolutions; enforcement of provisions of division and bond resolutions
(a) Any resolution or resolutions authorizing the issuance of revenue anticipation bonds under this division may contain covenants as to the purpose or purposes to...
- Section 11-81-144 Form, terms, denominations, etc., of bonds; maturity and sale; execution and delivery; issuance of revenue refunding bonds
(a) Revenue anticipation bonds may be issued under this division in one or more series, may bear such date or dates, may be payable in...
- Section 11-81-145 Evidence of validity of bonds
Any resolution or resolutions authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this division, which...
- Section 11-81-146 Lien of bonds
All revenue anticipation bonds of the same series issued under this division shall, subject to prior and superior rights, have a prior and paramount lien...
- Section 11-81-147 Liability of municipalities or counties on bonds
Revenue anticipation bonds issued under this division shall not be a debt of the municipality or county within the meaning of the Constitution, and the...
- Section 11-81-148 Exercise of municipal or county taxing power, etc., for payment of bonds
No holder or holders of any bonds issued under this division shall ever have the right to compel any exercise of the taxing power of...
- Section 11-81-149 Exemption from taxation of undertakings, bonds, etc
So long as the municipality or county shall own or possess any undertaking the property and revenue of such undertaking shall be exempt from all...
- Section 11-81-150 Establishment, collection, etc., of rates, fees, tolls, etc., for services, facilities, etc., of undertakings
The governing body shall prescribe and collect reasonable rates, fees, tolls, rents or charges for the services, facilities and commodities of any undertaking for the...
- Article 5 Revenue Bonds for Waterworks, Gas, Sewer or Electric Systems.
- Section 11-81-160 Definitions
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) BORROWER. A...
- Section 11-81-161 Acquisition, extension, repair, consolidation, etc., of waterworks, sewer, gas or electric systems by counties or municipalities authorized
(a) Any county or incorporated municipality in the State of Alabama is authorized to acquire by any lawful means any one or more of the...
- Section 11-81-162 Estimate of cost of acquisition, extension, repair, consolidation, etc
Whenever the governing body of any borrower shall determine to acquire, improve, enlarge, extend or repair a system or systems under the provisions of this...
- Section 11-81-163 Adoption, amendment, recordation, etc., of ordinances or resolutions for issuance of bonds, segregation of revenues, etc
For the purpose of this article, any borrower is authorized to adopt ordinances providing for the issuance of revenue bonds as provided in this article...
- Section 11-81-164 Notice of adoption of authorization proceedings for issuance of bonds; limitation period for actions to set aside authorization proceedings, restrain issuance of bonds, etc
(a) After the adoption of authorizing proceedings providing for the issuance of bonds under this article, the borrower shall cause to be published once a...
- Section 11-81-165 Borrowing in anticipation of sale and issuance of bonds authorized; procedure therefor
(a) Any municipality or county in the state may at any time and from time to time, in anticipation of the sale and issuance of...
- Section 11-81-166 Revenue bonds - Authority for issuance; authorization proceedings generally; form, terms, denominations, etc.; execution and delivery generally; maturity and sale; payment generally; trust indentures
(a) Any borrower may issue its revenue bonds for the purpose of: (1) Financing the acquisition, improvement, enlargement, extension and repair, or any of them,...
- Section 11-81-167 Revenue bonds - Execution and delivery
In case any of the officers whose signature or countersignature appears on the bonds or coupons shall cease to be such officers before delivery of...
- Section 11-81-168 Revenue bonds - Negotiability
Such bonds shall have all of the qualities and incidents of negotiable instruments under the law merchant and the applicable provisions of Title 7 and...
- Section 11-81-169 Revenue bonds - Disposition of proceeds from sale - Generally
The governing body, where practicable, shall require that the proceeds of the sale of bonds issued under the provisions of this article be deposited in...
- Section 11-81-170 Revenue bonds - Disposition of proceeds from sale - Proceeds to be used only for purposes for which bonds authorized; excess proceeds
All moneys derived from the sale of any revenue bonds issued under the provision of this article shall be used solely for the purpose or...
- Section 11-81-171 Revenue bonds - Redemption
The governing body of the borrower authorizing bonds under the provisions of this article may make provision for any of such bonds to be called...
- Section 11-81-172 Revenue bonds - Exemption from taxation
The bonds and interest coupons issued under this article are hereby exempted from any and all state, county, municipal and other taxation whatsoever under the...
- Section 11-81-172.1 Revenue bonds - Issuance of bonds for refunding of principal of general or limited obligation warrants, etc
Any county or incorporated municipality in the State of Alabama may issue revenue bonds under the provisions of this article not only for the purposes...
- Section 11-81-173 Issuance of additional bonds; payment of same
(a) Any borrower acquiring, improving, enlarging, extending or repairing any such system or combined system pursuant to the provisions of this article, may, in the...
- Section 11-81-174 Refunding bonds
Any bonds issued under this article solely for refunding purposes shall, unless it shall be otherwise provided in the authorizing proceedings providing for the issuance...
- Section 11-81-175 Applicability of limitations, etc., in certain other provisions of chapter as to bonds generally
The bonds authorized under this article shall not be subject to any limitations or provisions contained in Articles 3 and 6 and Division 2 of...
- Section 11-81-176 Elections and publication of ordinances, resolutions, etc., not required for issuance and sale of bonds
This article shall be construed as authorizing the issuance and sale of such bonds provided for herein without submitting the proposition for the approval of...
- Section 11-81-177 Investment in bonds by executors, trustees, savings banks, etc
Bonds issued under the provisions of this article are legal investments for executors, administrators, trustees and other fiduciaries and for savings banks and insurance companies...
- Section 11-81-178 Statutory mortgage lien of bondholders - Creation generally; filing, recordation, etc., of notice thereof
(a) In the authorizing proceedings or in the trust indenture, if any, under which bonds may be issued pursuant to the provisions of this article,...
- Section 11-81-179 Statutory mortgage lien of bondholders - Duration; enforcement
(a) Any system or systems that shall be made subject to a statutory mortgage lien as provided for in Section 11-81-178 shall remain subject to...
- Section 11-81-180 Appointment of receiver upon default in payment of principal and interest on bonds; powers of receiver
If there shall be any default in the payment of the principal of or interest upon any bonds issued under this article, any court having...
- Section 11-81-181 Pledge of revenues from systems for payment of principal and interest on bonds; disposition of gross revenues from operation of system generally
(a) In the authorizing proceedings the borrower shall pledge for payment of the principal and interest on bonds issued under this article the revenues derived...
- Section 11-81-182 Payment of expenses of operation or maintenance of system out of general funds
Nothing in this article shall be construed to prohibit the borrower from appropriating and using any part of its available income or revenues derived from...
- Section 11-81-183 Designation of depository; disposition and disbursement of gross revenue account and special funds by depository
The governing body of the borrower shall designate as depository for the "gross revenue account" and each of the special funds provided for in Section...
- Section 11-81-184 Establishment, etc., of rates for services furnished by system
Rates for services furnished by any such system or combined system shall be fixed precedent to the issuance of the bonds. Such rates shall be...
- Section 11-81-185 Rates not subject to state supervision or regulation; supervision, etc., of operation, etc., of sewer systems by State Board of Health
Rates charged for services furnished by any system or combined system purchased, constructed, improved, enlarged, extended or repaired under the provisions of this article shall...
- Section 11-81-186 Payment by counties, municipalities, etc., for services furnished by system
The governing body may provide in the ordinance authorizing the issuance of bonds under the authority of this article that no free service shall be...
- Section 11-81-187 Determination as to operation of system upon calendar, operating or fiscal year basis, etc
The ordinance authorizing the issuance of such bonds shall definitely determine whether such system or combined system shall be operated upon a calendar, operating or...
- Section 11-81-188 Maintenance of books of record and accounts, balance sheets, etc., as to properties, financial condition, etc., of system; inspection and examination of same
(a) Any borrower issuing revenue bonds under the provisions of this article shall install and maintain proper books of record and account, separate entirely from...
- Section 11-81-189 Impairment, etc., of valid liens or contracts not authorized by article
Nothing in this article shall be construed as authorizing any borrower to impair or commit a breach of the obligation of any valid lien or...
- Section 11-81-190 Construction of article
This article, being necessary for and to secure the public health, safety, convenience and welfare of the counties, cities and incorporated towns of the State...
- Article 6 Alternate Borrowing for Electric Systems.
- Section 11-81-200 Acquisition, extension, operation, etc., of power plants, power lines, electric systems, etc., by counties or municipalities authorized; acquisition of rights-of-way
(a) Any county or municipal corporation within this state is hereby authorized and empowered to acquire by purchase, construction, condemnation or otherwise and to maintain,...
- Section 11-81-201 Election as to proposed undertaking
Whenever any county or municipal corporation through its governing body shall vote to take advantage of the authority granted in this article, as a condition...
- Section 11-81-202 Borrowing of money for acquisition, extension, etc., of plants, etc., by counties or municipalities authorized; limitations
For the purpose of defraying the cost of acquiring such plants, or any one or more of them, or any part or parts thereof and...
- Section 11-81-203 Pledges, etc., of plants, etc., as security for repayment of money borrowed with interest
Any such county or municipal corporation which borrows money under the authority of this article may pledge, create a lien upon and mortgage any such...
- Section 11-81-204 Contracts for security of lender; limitation as to charges for electric energy and service by counties or municipalities
(a) In addition and for the further security of the lender, any such county or municipal corporation which has borrowed money under the authority of...
- Section 11-81-205 Form, terms, etc., of instrument evidencing loan
Any such county or municipal corporation which borrows money under the authority of this article may evidence the loan by an instrument or instruments in...
- Section 11-81-206 Construction of article
Neither this article nor anything contained in this article shall be construed as a restriction or limitation upon any power or right which any such...
- Article 7 Validation of Bonds Prior to Issuance.
- Article 8 Property Insurance and Energy Reduction Act of Alabama.
- Section 11-81-240 Short title
This article shall be known and may be cited as the Property Insurance and Energy Reduction Act of Alabama.
- Section 11-81-241 Definitions
For the purposes of this article, the following words shall have the following meanings: (1) COSTS OF A QUALIFIED PROJECT. All costs including, but not...
- Section 11-81-242 Designation of regions for qualified projects; issuance of bonds, notes, etc
(a)(1) The governing body of a local government may designate an area of the local government as a region within which the local government may...
- Section 11-81-243 Establishment and amendment of programs
(a) To establish a program under this article, the governing body of a local government must take the following actions in the following order: (1)...
- Section 11-81-244 Application for funding; administration of program; powers and duties of local governments; installation of improvements; assessments
(a) A real property owner in a designated region may apply to a local government under a program for funding to finance a qualified project...
- Section 11-81-245 Consent requirements; disclosure statement
(a)(1) Before entering into a written contract with a local government, the real property owner shall provide, or the local government shall obtain, a verified...
- Section 11-81-246 Assessment lien; enforcement
(a) An assessment under this article and any interest or penalties on the assessment: (1) Is a lien against the real property on which the...
- Section 11-81-247 Loss reserve fund
A local government, combination of local governments, the State or designee, may establish a loss reserve fund. The loss reserve fund may be established for...
- Section 11-81-248 Regulatory jurisidiction
The Governor may appoint an existing state agency to exercise regulatory jurisdiction over programs and activities under this article. The state agency shall have the...
- Section 11-81-249 Imposition of assessment
The imposition of an assessment pursuant to this article is to be made solely at the request of the owner of record of real property...
- Section 11-81-250 Construction of article
Nothing in this article, nor any program adopted in accordance with the procedures established hereunder, shall alter, amend, or affect the rights, duties, and obligations...
- Chapter 81A ISSUANCE OF SECURITIES IN ANTICIPATION OF RECEIPT OF GRANTS.
- Section 11-81A-1 Definitions
As used in this chapter, the following words and terms shall have the following respective meanings: (1) CONDITIONS OF A GRANT. The terms and conditions...
- Section 11-81A-2 Power and authority of grantees
Each grantee shall have the power, and, when approved by its governing body, the authority, to do or perform any one or more of the...
- Section 11-81A-3 Power and authority of municipalities, counties, and public corporations
Each municipality or county and each public corporation shall have the power and, when approved by its governing body, the authority, to do or perform...
- Section 11-81A-4 Limitations and amplification of securities authorization
Securities issued under the authority of this chapter shall mature at such time or times as the governing body of the issuer shall determine, not...
- Section 11-81A-5 Exemption of securities from taxation
All securities issued by authority of this chapter and the interest thereon shall be exempt from all taxation in the state.
- Section 11-81A-6 Legal investment status of securities
Securities issued under the authority of this chapter shall be securities in which the state, the grantee, all counties, and political subdivisions of this state,...
- Section 11-81A-7 Effect of chapter
This chapter is intended to grant additional authority to grantees, municipalities, counties, and public corporations and shall not be considered to repeal, restrict, or modify...
- Chapter 82 REDEMPTION OF SECURITIES.
- Chapter 83 APPORTIONMENT OF ROAD AND BRIDGE TAXES BETWEEN COUNTIES AND MUNICIPALITIES.
- Chapter 84 ACQUISITION AND ADMINISTRATION OF FOREST LANDS.
- Chapter 85 REGIONAL PLANNING AND DEVELOPMENT.
- Article 1 Regional Planning Commissions Generally.
- Section 11-85-1 Establishment of region and creation of regional planning commission
The planning commission of any municipality or the county commission of any county or any 100 citizens by signed petition may apply to the Governor...
- Section 11-85-2 Composition; qualifications, appointment, terms of office, compensation, and removal of members; vacancies
The regional planning commission shall consist of nine persons. Members shall be appointed for six years; except, that the respective terms of seven of the...
- Section 11-85-3 Organization, staff, procedure, etc.; appropriation and expenditure of funds
(a) Except as otherwise provided in this article, the provisions of Sections 11-52-4, 11-52-5, and 11-52-6 relative to organization, rules, staff, finances, procedure, and miscellaneous...
- Section 11-85-4 Adoption, etc., of master plan for physical development of region by commission; contents and purpose of plan
Any regional planning commission is hereby authorized and empowered to make, adopt, amend, extend, and add to a master regional plan for the physical development...
- Section 11-85-5 Certification of plan to Governor and to municipalities, counties, etc., within region
The regional planning commission, after adopting the regional plan, shall certify a copy thereof to the Governor, to the planning commission of each municipality within...
- Section 11-85-6 Adoption of plan by municipal planning commission; certification of proposed amendments to adopted plan to regional planning commission for approval, etc
(a) Such plan may be adopted by the municipal planning commission of any municipality within the region to which it is certified by the regional...
- Section 11-85-7 Proposed construction of streets, public buildings, utilities, etc., to be submitted for approval of commission after adoption of master plan; overruling of commission
After the adoption of the regional plan by the regional planning commission, no street, park, or other public way, ground or open space, public building...
- Article 2 Regional Planning Commissions for Comprehensive Advisory Planning and Research.
- Section 11-85-20 Definitions
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) GOVERNMENTAL UNIT....
- Section 11-85-21 Establishment of region for advisory planning and creation of regional planning commission
The governing bodies of any two or more governmental units are hereby authorized and empowered to create and establish a region for advisory planning purposes...
- Section 11-85-22 Composition; qualifications, appointments, terms of office, and compensation of members; vacancies
(a) The membership of any regional planning commission created and established under this article shall be composed of not less than three representatives of each...
- Section 11-85-23 Powers and duties
Any regional planning commission established and created under this article shall have the following powers and duties: (1) To perform comprehensive advisory planning and research...
- Section 11-85-24 Article not to impair right of eminent domain or rights under franchises, leases, etc., of utilities
Nothing contained in this article shall be construed to impair the right of eminent domain conferred on utilities, both public or private, or their right...
- Article 3 Comprehensive Advisory Planning and Research by Municipal, County, Regional, etc., Planning Commissions, etc.
- Article 4 Regional Planning and Development Commissions.
- Section 11-85-50 Definitions
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) GOVERNMENTAL UNIT....
- Section 11-85-51 Designation of state planning and development districts by Governor generally; designation of single county state planning and development districts
(a) The Governor may, from time to time as he deems appropriate and necessary, define and designate a state planning and development district by executive...
- Section 11-85-52 Formation of regional planning and development commissions
(a) Generally. At any time subsequent to the designation of a state planning and development district pursuant to Section 11-85-51, governmental units within the district...
- Section 11-85-53 Composition; selection, terms and replacement of representatives; financing; procedure for addition or withdrawal of governmental units, dissolution, etc
(a) All governmental units within the boundaries of a region which are parties to the agreement for the establishment of a regional planning and development...
- Section 11-85-54 Officers; appointment of advisory committees
The commission shall elect a chairman and may elect an executive committee and other officers as necessary from among its membership. A commission may appoint...
- Section 11-85-55 Receipt of state financial support
Regional planning commissions certified pursuant to this article may receive state financial support if they meet requirements for state financial assistance, for financial controls, and...
- Section 11-85-56 Powers and duties generally
A regional planning and development commission established pursuant to this article may perform the following: (1) Carry on continuous, comprehensive planning for the region, assessing...
- Section 11-85-57 Joint planning agreements, etc., with adjoining counties, municipalities, etc., authorized; changes of boundaries of regional planning and development districts to include adjacent counties
(a) Commissions formed pursuant to this article shall have the authority to enter into joint planning agreements, contracts, or programs with adjacent counties, municipalities situated...
- Section 11-85-58 Use of planning and development districts and regional planning and development districts for other purposes and programs
State planning and development districts designated under this article and regional planning commissions established pursuant to this article shall, to the extent possible, be used...
- Section 11-85-59 Effect of population changes upon establishment and operation of state planning and development districts or regional planning and development commissions
The establishment and operation of any state planning and development district or regional planning commission designated or formed pursuant to this article shall not be...
- Article 5 Confirmation of Operating Regional Planning and Development Commissions.
- Section 11-85-70 Existing regional planning and development commissions ratified and confirmed
Those 12 bodies, organizations, or persons respectively acting and operating as regional planning and development commissions within their respective districts on May 29, 1985, and...
- Section 11-85-71 Procedure for additional governmental units to become members of regional planning and development commissions
The respective regional planning and development commissions ratified and confirmed by Section 11-85-70 shall henceforth continue to act and operate as regional planning and development...
- Section 11-85-72 General powers, rights, obligations, etc., of regional planning and development commissions
The regional planning and development commissions ratified and confirmed by this article as such commissions shall have such powers, rights, obligations, and privileges as heretofore...
- Section 11-85-73 Commissions authorized to enter into contracts with other agencies
Regional planning commissions, business corporations, nonprofit corporations, and local entities as defined in Section 23-1-21.1, or as might be hereafter defined by amendment of such...
- Article 6 Alabama Revolving Loan Fund Authority.
- Section 11-85-100 Definitions
As used in this article, the following words and phrases shall have the following meanings: (1) AUTHORITY. The public corporation organized pursuant to this article....
- Section 11-85-101 Incorporation of authority
The Governor, or his or her designee, the Finance Director, the Lieutenant Governor, or his or her designee, the Speaker of the House of Representatives,...
- Section 11-85-102 Application for incorporation
(a) To become the public corporation authorized by this article, the Governor, the Finance Director, and the President of the Alabama Association of Regional Councils...
- Section 11-85-103 Certificate of incorporation; fees
(a) When the application has been made, filed, and recorded as provided in this article, the applicants shall constitute a corporation under the name proposed...
- Section 11-85-104 Members; officers; quorum; vacancies; salaries; record of proceedings
(a) The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor, or his or...
- Section 11-85-105 Powers of the authority
The authority shall have the following powers: (1) To have succession by its corporate name until dissolved as provided in this article. (2) To institute...
- Section 11-85-106 Bonds - Issuance and sale
The authority is authorized to sell and issue its bonds in the aggregate principal amount of twenty-four million dollars ($24,000,000) for the purpose of making...
- Section 11-85-107 Bonds - Authentication; redemption; sale; refunding; use of proceeds; security; investment of funds
The bonds of the authority shall be signed by its president and attested by its secretary and the seal of the authority shall be affixed...
- Section 11-85-108 Appropriation and pledge of funds for authority obligations
For the purpose of providing funds to enable the authority to pay at their respective maturities the principal of and interest on any bonds issued...
- Section 11-85-109 Administrative and recordkeeping functions of authority
(a) The Alabama Department of Economic and Community Affairs (ADECA) Planning and Economic Development Division shall perform the centralized administrative and recordkeeping functions for the...
- Section 11-85-110 Duties of State Treasurer
Out of the revenues appropriated and pledged in Section 11-85-108, the State Treasurer is hereby authorized and directed to pay the principal of and the...
- Section 11-85-111 Dissolution of authority
At any time when no authority bonds or refunding bonds are outstanding, the authority may be dissolved upon the filing with the Secretary of State...
- Chapter 86 RECREATION BOARDS.
- Section 11-86-1 Creation
The county commission of any county or the governing body of any municipality with a population of not more than 100,000 according to the most...
- Section 11-86-2 Composition; qualifications, appointment, terms of office, and compensation of members; officers; adoption of rules and regulations
Each recreation board shall consist of not less than five nor more than nine members selected by the county commission or municipal governing body from...
- Section 11-86-3 Powers and duties generally
The recreation board shall be responsible for the direction, supervision and promotion of such recreation programs as will contribute to the general welfare of the...
- Section 11-86-4 Director of recreation and staff
The recreation board may employ a county or municipal director of recreation to be its executive officer. The director, with the approval of the board,...
- Section 11-86-5 Appropriations; designation, acquisition, improvement, etc., of lands or buildings for recreational purposes; joint actions by counties and municipalities
The county commission of a county or governing body of a municipality may make appropriations from county or municipal general funds to the recreation board...
- Section 11-86-6 Construction of chapter
This chapter shall be construed liberally.
- Chapter 86A Public Park and Recreation Authorities.
- Section 11-86A-1 Definitions
When used in this chapter, the following terms shall have the following meanings: (1) ARTICLES. The articles of incorporation or articles of reincorporation of an...
- Section 11-86A-2 Legislative findings of fact and declaration of intent; construction of chapter
(a) The Legislature hereby makes the following findings of fact and declares its intent to be as follows: The Legislature acknowledges the key role of...
- Section 11-86A-3 Authorization and procedure for incorporation generally
Any number of natural persons, not less than three, residing in the county of incorporation may incorporate an authority as provided in this chapter. The...
- Section 11-86A-4 Filing of application for incorporation with probate judge; contents thereof; recordation of application by probate judge; approval or disapproval by governing body of county of incorporation and each participating municipality
(a) The written application of the incorporators shall be filed with the probate judge, which application shall: (1) Contain a statement that the incorporators propose...
- Section 11-86A-5 Contents, signing, and filing of articles
(a) The articles of an authority shall state all of the following: (1) The names of the incorporators and that each is a resident of...
- Section 11-86A-6 Authorization and procedure for reincorporation of existing park and recreation authorities and boards; continuation in office of directors; effect of reincorporation
(a) In all cases where there has been an attempt to create or incorporate a park and recreation authority or park and recreation board, but...
- Section 11-86A-7 Further authorization and procedure for reincorporation of existing park and recreation authorities and boards
A park and recreation authority or park and recreation board incorporated or created prior to or after March 9, 2000, may seek authority to reincorporate...
- Section 11-86A-8 Recordation of articles by probate judge; probate judge to receive no fees in connection with incorporation, reincorporation, dissolution, etc., of authority
(a) The articles shall be filed with the probate judge. The proposed authority shall constitute a de jure corporation upon acceptance of filing. The acceptance...
- Section 11-86A-9 Powers of authority vested in board of directors; officers and directors of authority; proceedings of board of directors to be reduced to writing and signed by two directors; admissibility of evidence of proceedings of board of directors; adoption of bylaws; notice of meetings; attendance at meetings; qualifications
(a) All powers of an authority shall be vested in its board of directors. (b) The initial board of directors of an authority shall be...
- Section 11-86A-10 Members of the board of directors; terms; meetings; removal from office
(a) Except as provided in Section 11-86A-6, the board of directors shall be composed of the number of directors provided for in the articles, appointed...
- Section 11-86A-11 Amendment of articles
(a) The articles of an authority may be amended in the manner provided in this section. The board of directors shall adopt a resolution proposing...
- Section 11-86A-12 Powers of authority generally
An authority shall have the following powers: (1) To have succession by its corporate name until dissolved as provided in this chapter. (2) To institute...
- Section 11-86A-13 Issuance and sale of bonds
An authority may sell at public or private sale and issue bonds for the purposes authorized in Section 11-86A-12.
- Section 11-86A-14 Execution of bonds and interest coupons; form, terms, denominations, etc., of bonds; validation of bonds; sale; refunding bonds
(a) Bonds of an authority shall be signed by the chair and attested by the secretary, the seal of the authority shall be affixed thereto,...
- Section 11-86A-15 Security for bonds
(a) In the discretion of the board of directors of an authority, any bonds may be secured by an indenture between an authority and a...
- Section 11-86A-16 Application of proceeds from the sale of bonds; source of payment; pledge of county's or municipality's credit; negotiability; exemption from taxation; pledge as security for funds belonging to a public person; investment in bonds by fiduciaries; no public hearing required; investment in bonds by Teachers' Retirement System of Alabama, the Employees' Retirement System of Alabama, and the State Insurance Fund; investment in bonds by public persons
(a) The proceeds from the sale of any bonds shall be applied as provided in the proceedings in which the bonds are authorized to be...
- Section 11-86A-17 Exemption from usury and interest laws
An authority shall be exempt from all laws of the state now or hereafter governing usury or prescribing or limiting interest rates, including without limitation...
- Section 11-86A-18 Exemptions from taxation
All properties of an authority, whether real, personal, or mixed, and the income therefrom, all bonds and other securities issued by an authority and the...
- Section 11-86A-19 Limited liability
The recovery of damages under any judgment against an authority or an officer, agent, or employee acting within the line and scope of his or...
- Section 11-86A-20 Transfer of funds and assets to authority
Any public person may transfer and convey to an authority, with or without consideration any properties, real, personal, or mixed, and all funds and assets,...
- Section 11-86A-21 Dissolution of authority; title to property of authority to vest in county of incorporation upon dissolution of authority unless otherwise provided
(a) At any time when no bonds of an authority are outstanding, the authority may be dissolved by the adoption of a resolution by the...
- Chapter 87 AMBULANCE SERVICE.
- Chapter 88 WATER, SEWER AND FIRE PROTECTION AUTHORITIES.
- Article 1 General Provisions.
- Section 11-88-1 Definitions
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT. A...
- Section 11-88-2 Purpose of article
This article is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full...
- Section 11-88-3 Filing of application for incorporation of authority; adoption of resolution approving or denying application by county governing body
(a) In order to incorporate an authority under this chapter, any number of natural persons, not less than three, shall first file a written application...
- Section 11-88-4 Filing of certificate of incorporation, copy of resolution of county governing body, etc., with probate judge; contents and execution of certificate of incorporation; entry of order by probate judge requiring recordation of certificate of incorporation, etc.; notification of Secretary of State of recordation of certificate of incorporation
(a) Within 40 days following the adoption of a resolution in accordance with Section 11-88-3, the applicants, or not less than three of the applicants,...
- Section 11-88-5 Authorization and procedure for amendment of certificate of incorporation
(a) The certificate of incorporation of any authority incorporated under the provisions of this article may at any time and from time to time be...
- Section 11-88-5.1 Ratification of amendment
Any action heretofore taken and approved by a majority vote of the board of directors of any water, sewer, or fire protection authority, and found...
- Section 11-88-6 Board of directors
(a) Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to...
- Section 11-88-7 Powers of authority generally; power of authority to acquire, operate, etc., systems, etc., outside service area; provisions in schedules of rates and charges generally; powers of authority organized to construct and operate sewer system
(a) The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To...
- Section 11-88-7.1 Additional powers
(a) Any authority organized or operating pursuant to Chapter 88 of Title 11 shall, in addition to all other powers now or hereafter granted by...
- Section 11-88-8 Bonds of authority - Form, terms, denominations, etc.; sale; execution and delivery; refunding; liability thereon; security for payment of principal and interest and payment thereof generally; provisions in mortgages, deeds of trust or trust indentures executed as security for payment of bonds generally
All bonds issued by the authority shall be signed by the chairman of its board or other chief executive officer and attested by its secretary...
- Section 11-88-9 Bonds of authority - Contracts to secure payment of principal and interest
As security for payment of the principal of and interest on bonds issued or obligations assumed by it, the authority may enter into a contract...
- Section 11-88-10 Bonds of authority - 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 article may contain provisions creating...
- Section 11-88-11 Bonds of authority - Disposition of proceeds from sale of bonds
All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the...
- Section 11-88-12 Establishment and revision of rates, fees, and charges for services rendered by authority; applicability of provisions of section to authority organized to construct and operate sewer system
(a) Rates, fees, and charges for water service, sewer service, and fire protection service rendered by the authority from any of its water systems, sewer...
- Section 11-88-13 Loans, sales, grants, etc., of money, property, etc., to authority by counties, municipalities, public corporations, etc
For the purpose of securing water service, sewer service, or fire protection service or aiding or cooperating with the authority in the planning, development, undertaking,...
- Section 11-88-14 Use by authority of public roads rights-of-way
Each authority is authorized to use the rights-of-way of all public roads in the state subject only to the necessity of obtaining the municipal consent...
- Section 11-88-15 Furnishing of fire protection service by authority declared governmental function; immunity from tort liability of authority
The furnishing of fire protection service by an authority is hereby declared to be a governmental function. The authority shall not be liable for any...
- Section 11-88-15.1 Soliciting contributions for local volunteer fire departments; monthly usage estimates
(a) County water systems incorporated pursuant to this chapter or other portions of this title and municipal water systems incorporated pursuant to Chapter 50 or...
- Section 11-88-16 Exemption from taxation of authority and property, leases, bonds, etc., thereof; payment of fees, taxes, or costs to probate judge for incorporation, etc.; imposition of license or excise tax upon authority
The authority, the property and income of the authority, all bonds issued by the authority, the income from such bonds, conveyances by or to the...
- Section 11-88-17 Exemption of authority from usury laws, etc
Each authority now or hereafter organized under the provisions of this article is hereby exempted from the laws of the State of Alabama governing usury...
- Section 11-88-18 Authorization and procedure for dissolution of authority; vesting of title to properties of authority and apportionment thereof upon dissolution of authority
At any time when no bonds theretofore issued by the authority or obligations theretofore assumed by the authority are outstanding, the board may adopt a...
- Section 11-88-19 Existence of authority not to prevent subsequent incorporation, etc., of another authority
The existence of one or more authorities incorporated under the provisions of this article shall not prevent the subsequent incorporation under this article of another...
- Section 11-88-20 Validation of prior defective incorporations under provisions of article
In all cases where there has heretofore been an attempt to incorporate a public corporation under the provisions of this article, and a certificate of...
- Section 11-88-21 When proceedings, notice, etc., for incorporation of authority, acquisition of property, issuance of bonds, etc., required; exemption of authority, etc., from jurisdiction and regulation of Public Service Commission, etc
Except as expressly otherwise provided in this article or Article 2 of this chapter no proceeding, notice, or approval shall be required for the incorporation...
- Article 2 Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities.
- Section 11-88-40 Definitions
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) AUTHORITY. A...
- Section 11-88-41 Legislative findings and declarations; powers granted authorities by article to be exercised only in resort areas and with the consent of county governing bodies
(a) The Legislature hereby finds, determines, and declares that it is necessary and desirable that authorities whose service area includes a resort area be authorized...
- Section 11-88-42 Powers of authorities generally
Any authority authorized pursuant to this article may design or cause to be designed, contract for and execute or cause to be executed the construction...
- Section 11-88-43 Adoption of resolution by board describing improvement, property benefited, etc., and directing drawing, etc., of details, drawings, plans, etc
When the board shall determine to make an improvement, the cost of which or any part thereof it is proposed to assess against the property...
- Section 11-88-44 Filing of details, drawings, plans, etc., for examination by property owners; appointment of date for hearing of objections as to improvement, etc
Such details, drawings, plans, specifications, surveys, and estimates shall, when completed, be placed on file not later than two weeks prior to the date of...
- Section 11-88-45 Publication of resolution and mailing of copies thereof to persons last assessed for taxation on property which may be assessed for improvement
The said resolution must be published once a week for two consecutive weeks in some newspaper published in each county in which any part of...
- Section 11-88-46 Hearing upon objections to improvement, etc.; confirmation, amendment, rescission, etc., of resolution by board; when unanimous vote of board required to approve resolution
At the said meeting or at a place and time to which the same may be adjourned, all persons whose property may be affected by...
- Section 11-88-47 Publication of notice for bids; letting of contract; requirement of bonds, etc., from bidders, etc.; construction of improvement, furnishing of labor, etc., by authority
(a) If the board shall finally order the making of the proposed improvement, notice shall be given asking for bids for such work, which notice...
- Section 11-88-48 Supervision of work
All work done or improvements made under the provisions of this article shall be done under the supervision of the engineer or other superintendent appointed...
- Section 11-88-49 Acceptance or rejection of work
In case of any controversy of dispute, the board shall be invested with sole and exclusive power to determine whether any improvement has been completed...
- Section 11-88-50 Payment of cost of improvement by board; specification of cost of improvement
(a) The board may pay out of the general funds of the authority or any special fund that may be provided for the purpose such...
- Section 11-88-51 Levy of assessments for cost of improvement on abutting or benefited property authorized
If any such improvement be finally ordered and constructed, the board shall have power, after the completion and acceptance thereof, to assess the cost of...
- Section 11-88-52 Manner of assessment generally; limitation as to amount of assessment
The cost of any part of such improvement may be assessed in fair proportion against the frontage of the property drained by the said improvement...
- Section 11-88-53 Preparation of list of property owners proposed to be assessed for improvement
When any improvement is completed, the chairman or other chief executive officer of the board shall cause to be prepared a roll or list showing...
- Section 11-88-54 Entry of list in assessment book of improvements; contents and status thereof
Such list shall be entered in a well bound book or loose leaf book firmly bound, prepared for that purpose, and shall contain appropriate columns...
- Section 11-88-55 Publication of notice as to assessment book
After the completion of the proper entries of each improvement, the said book shall be delivered to the secretary of the authority, who shall thereupon...
- Section 11-88-56 Filing of written objections or defenses to proposed assessments; effect of failure to file same
The owner or owners of any real estate or any interest therein which it is proposed to assess for the cost or any part thereof...
- Section 11-88-57 Hearing of objections and defenses to proposed assessments by board generally
At a time and place mentioned in the said published notice, not less than 20 days from the date of publication, the board shall meet...
- Section 11-88-58 Subpoena, etc., of witnesses by board
The board, by the secretary or its executive officer, may issue subpoenas for witnesses to appear before the governing body or any committee thereof and...
- Section 11-88-59 Board to hear and pass upon objections to proposed assessments
The board shall hear and pass upon all such objections to and protests against the proposed assessments under such reasonable rules and regulations as it...
- Section 11-88-60 Fixing of amount of assessment by board; assessment to constitute lien on property against which levied; reduction or abatement of final assessment by board generally
At such meeting or any adjournment thereof, the board shall proceed by resolution to fix the amount of the assessment against each lot or tract...
- Section 11-88-61 Effect of defects in notice or proceedings; supplementary proceedings for correction of defects
If there be any defect in the said notice or proceedings before or subsequent to the said notice with respect to one or more interested...
- Section 11-88-62 Reduction or abatement of assessments by board
The board shall have the power to reduce or abate any assessment made for improvements in cases where such assessment has been levied or attempted...
- Section 11-88-63 Transfer and assignment of liens by authorities
An authority may transfer and assign such liens to the contractor or contractors who made the said improvement or improvements or to any other person.
- Section 11-88-64 Enforcement of liens by circuit courts; amounts recovered in civil actions to enforce liens
In addition to the method provided in this article for the collection of such assessments, the circuit court may enforce the said liens and, in...
- Section 11-88-65 Enforcement of lien on property for state, county, etc., taxes not to discharge or affect lien of authority for assessment; duration of liens
The enforcement by the state, county, city, or town of its lien for taxes on any lot upon which has been levied an assessment for...
- Section 11-88-66 Effect of enforcement of assessment lien upon other improvement assessment liens on property
The enforcement by an authority of its lien for an assessment levied for one improvement by the sale of property shall not operate to discharge...
- Section 11-88-67 Appeal from assessments to circuit court - Authorization and procedure generally
Any person aggrieved by the decision in making any assessment may, within 20 days thereafter, appeal to the circuit court, upon executing a bond in...
- Section 11-88-68 Appeal from assessments to circuit court - Establishment of amount of appeal bond and approval of sureties thereon; conditions of bond
The amount of such bond shall be fixed and the sureties thereon shall be approved by the chief executive officer of the board, and the...
- Section 11-88-69 Appeal from assessments to circuit court - Entry of appeal on trial docket
The appeal shall be entered on the trial docket in the circuit court and shall be a preferred case therein.
- Section 11-88-70 Appeal from assessments to circuit court - Transmittal to circuit court of transcript of proceedings of authority as to assessment; contents thereof
Upon the filing and the approval of the appeal bond, the secretary of the authority, upon notice thereof, shall immediately send to the clerk of...
- Section 11-88-71 Appeal from assessments to circuit court - Transcript deemed prima facie evidence of correctness of assessment, etc
Upon the hearing of such appeal, the introduction of such transcript and papers shall be prima facie evidence of the correctness of such assessment and...
- Section 11-88-72 Appeal from assessments to circuit court - Conduct of trial generally; when costs of appeal and trial adjudged against authority
The said appeal may be tried on the record without other pleadings and the court shall hear all objections of the property owners to the...
- Section 11-88-73 Appeal from assessments to circuit court - Entry of judgment for amount properly chargeable against land where assessment defective; payment of costs
If, on the hearing of such appeal, it shall appear that, by reason of any technical irregularity or defect in the proceedings, the assessment has...
- Section 11-88-74 Appeal from judgment of circuit court to Supreme Court - By property owner - Authorization and procedure generally
An appeal may be taken to the Supreme Court of Alabama by any person interested in the said property from the judgment entered by the...
- Section 11-88-75 Appeal from judgment of circuit court to Supreme Court - By property owner - Appeal to be heard on record
Such appeal shall be heard upon the record, which shall set out such of the evidence as may be necessary to a fair presentation of...
- Section 11-88-76 Appeal from judgment of circuit court to Supreme Court - By property owner - Addition by Supreme Court of interest and damages to judgment of circuit court upon affirmance
In the event a supersedeas bond has been given and the said case is affirmed by the Supreme Court, it shall add to the judgment...
- Section 11-88-77 Appeal from judgment of circuit court to Supreme Court - By authority
The authority may also appeal from any judgment of the said circuit court, without giving bond. All appeals taken pursuant to this article shall be...
- Section 11-88-78 Issuance of execution on appeal bond and sale of property assessed when final judgment entered in favor of authority
In the event the final judgment is entered in favor of the authority, execution may be issued thereon against the principal and sureties on the...
- Section 11-88-79 Manner of payment of assessments generally
The authority, in ordering any improvement the cost of which or any part thereof is to be assessed against any property in accordance with the...
- Section 11-88-80 Entire assessment due and payable upon default in payment of assessment or installments thereof; advertisement and sale of property assessed for improvement generally
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...
- Section 11-88-81 Defaulting property owner may pay assessment, etc., prior to sale
Any property owner, notwithstanding his default, may pay the assessment with interest and all costs, if tendered before a sale of the property.
- Section 11-88-82 Cost of advertisement and sale to constitute charge against property to be sold
The cost of such advertisement and sale shall constitute a charge against the property to be sold and shall be retained out of the proceeds...
- Section 11-88-83 Officer making sale to execute deed to purchaser; rights, title, etc., conveyed to purchaser by deed; disposition of surplus proceeds from sale; purchase of property by board
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...
- Section 11-88-84 Effect of mistakes in advertisement or sale; supplementary proceedings for correction of errors; enforcement of lien by purchaser
No mistake in the publication provided for in Section 11-88-80 in the description of the property or in the name of the owner shall vitiate...
- Section 11-88-85 Redemption of property after sale - Authorization and procedure generally
Any real property sold for the satisfaction of an assessment lien imposed thereon by the board may be redeemed by the former owner or his...
- Section 11-88-86 Redemption of property after sale - Extension of redemption period
The fixed two-year period of redemption allowed by Section 11-88-85 for the redemption of any property sold for the satisfaction of any such lien shall...
- Section 11-88-87 Redemption of property after sale - Application for entry in record of deeds of certificate of warning to redeem; form of certificate
At any time after an improvement assessment sale deed has been recorded in the office of the probate judge and after expiration of the fixed...
- Section 11-88-88 Redemption of property after sale - Applicant to deliver copies of improvement assessment sale deed to probate judge; examination, etc., of deeds, etc., by probate judge; mailing of copies of deed and warning to redeem to persons last assessed for ad valorem taxation on property; entry in record of deeds of certificate of warning by probate judge; termination of redemption rights
At the time of application for entry of such certificate of warning to redeem, the applicant shall deliver to the probate judge three correct copies...
- Section 11-88-89 Redemption of property after sale - Performance of duties of probate judge; liability of probate judge for errors or mistakes in performance of duties
The duties imposed in this article upon the probate judge may be performed in his name and stead by any person or persons thereunto authorized...
- Section 11-88-90 Redemption of property after sale - Redemption during extended redemption period
Redemption may be effected after expiration of the fixed two-year period of redemption allowed or provided by Section 11-88-85 and before the extended period of...
- Section 11-88-91 Execution of short term notes or issuance of bonds by authority prior to letting of contract or during progress of work on improvement generally
For the purpose of providing funds to pay the cost of any improvement made under the provisions of this article, the cost of which, in...
- Section 11-88-92 Issuance of bonds by authority after completion of work on improvement
If bonds have not been issued during the progress of the work as authorized by Section 11-88-91, the authority may, after the completion of the...
- Section 11-88-93 Consolidation of improvements for issuance of bonds
Any authority desiring to issue bonds under this article shall have power to group improvements under two or more resolutions and make one issue of...
- Section 11-88-94 Form, terms, denominations, etc., of notes issued under article; sale, exchange, etc., generally; sale price; applicability of certain other provisions of law
Any notes or bonds issued under this article may be secured by a pledge of the assessments made with respect to the improvement being financed....
- Section 11-88-95 Notice of and sale or exchange of bonds
All bonds issued under this article, except bonds issued to the contractor and except funding and refunding bonds issued by exchange as provided in this...
- Section 11-88-96 Determination of highest bidder for bonds
In determining the highest bidder for bonds offered for public sale the lowest net interest cost to the authority as determined by the board shall...
- Section 11-88-97 Disposition of proceeds from sale of bonds
The principal proceeds received in the sale of any bonds issued under the authority of this article shall be used for the purposes for which...
- Section 11-88-98 Bonds containing recital as to issuance under article deemed to have been issued, sold, etc., in conformity with same; limitation period for actions or proceedings as to issuance of bonds
Any bonds reciting that they are issued pursuant to this article shall in any action or proceeding involving their validity be conclusively deemed to be...
- Section 11-88-99 Irregularities in proceedings authorizing issuance of bonds or neglect, etc., of duties by officers not to affect validity of bonds; bonds to have properties and protection of commercial paper
No irregularity in the proceedings to authorize the issue of bonds under this article nor the omission or neglect of any officer charged with the...
- Section 11-88-100 Exemption from taxation of bonds, notes, etc
All notes, interest thereon, bonds and interest coupons attached to the same issued under the authority of this article, shall be exempt from state, county,...
- Section 11-88-101 Replacement of lost, mutilated, or destroyed bonds
Whenever it shall be made to appear to the board by clear and satisfactory evidence that any bond issued under this article has been lost,...
- Section 11-88-102 Authorization and procedure generally for settlement, adjustment, or refunding of bonds
The board shall have the power to settle, adjust, and refund any bonds issued under this article, whether such bonds have already become due and...
- Section 11-88-103 Procedure where special fund used by authority in taking up bonds or coupons representing principal at maturity
Where the authority has used any part of any other special fund for the purpose of taking up at maturity bonds or coupons representing a...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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
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...
- 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,...
- Section 11-88-132 Acquisition, etc., of water system of water and fire protection authority by city board of water and sewer commissioners - Conveyance of funds in trust for authority's fire protection system; governing board of authority as trustees; trustees' powers and liabilities
(a) In the event that the board of water and sewer commissioners of any city ("commissioners") should acquire, operate, or control by virtue of assignment,...
- Section 11-88-133 Acquisition, etc., of water system of water and fire protection authority by city board of water and sewer commissioners - Deposit of funds in escrow account for construction of water service improvements; escrow agent; funding and utilization of account; time frame; written plan
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,...
- 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,...
- 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...
- Chapter 89 WATER, SEWER, SOLID WASTE DISPOSAL AND FIRE PROTECTION DISTRICTS.
- Article 1 General Provisions.
- Section 11-89-1 Definitions
When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT. A...
- 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...
- Section 11-89-3 Filing of application for incorporation of district; adoption of resolutions approving or denying application, etc., by governing bodies
(a) In order to incorporate a district under this chapter, any number of natural persons, not less than three, shall first file an identical written...
- Section 11-89-4 Filing of certificate of incorporation, copies of resolutions of governing bodies, etc., with probate judge; contents and execution of certificate of incorporation; notification of Secretary of State of recordation of certificate of incorporation by probate judge
(a) Within 40 days following the adoption of an authorizing resolution or, in the event an application was filed with more than one governing body...
- Section 11-89-5 Authorization and procedure for amendment of certificate of incorporation
(a) The certificate of incorporation of any district incorporated under the provisions of this chapter may at any time and from time to time be...
- Section 11-89-6 Board of directors
Each district shall be governed by a board of directors. All powers of the district shall be exercised by the board or pursuant to its...
- Section 11-89-7 Powers of district generally; power of district to acquire, operate, etc., systems, etc., outside service area; provisions in schedules of rates and charges generally
(a) The district shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To...
- Section 11-89-8 Bonds of district - Form, terms, denominations, etc.; sale; execution and delivery; refunding; liability thereon; security for payment of principal and interest and payment thereof generally; provisions in mortgages, deeds of trust or trust indentures executed as security for payment of bonds generally
All bonds issued by the district shall be signed by the chairman of its board or other chief executive officer and attested by its secretary...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- Article 2 Special Corporations.
- 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...
- 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...
- Section 11-89-32 Procedure to form special corporation
(a) In order to provide for operation and financing of one or more, but not all, of its authorized services under Chapter 89, Title 11,...
- 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...
- 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 11-89-35 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...
- 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...
- Section 11-89-37 Acceptances
Each special corporation may accept loans, grants, gifts, and any contributions from any public or private entity.
- 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...
- Chapter 89A SOLID WASTE DISPOSAL AUTHORITIES.
- 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...
- Section 11-89A-2 Definitions
The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, in the absence of a clear implication...
- Section 11-89A-3 Filing of application for incorporation of authority; denial or authorization of incorporation by governing body of county or municipality
A public corporation may be organized pursuant to the provisions of this chapter in any county or municipality. In order to incorporate such a public...
- Section 11-89A-4 Incorporation procedure; contents, execution, and filing of certificate of incorporation; notice to Secretary of State
(a) Within 40 days following the adoption of an authorizing resolution (or, if there is more than one, the last adopted thereof), the applicants shall...
- Section 11-89A-5 Amendments to certificate of incorporation
The certificate of incorporation of any authority incorporated under the provisions of this chapter may at any time and from time to time be amended...
- Section 11-89A-6 Board of directors of authority; election; terms of office; vacancies; qualifications; expenses; meetings; notice and waiver; resolutions; impeachment
(a) Each authority shall have a board of directors composed of the number of directors provided in the certificate of incorporation, as most recently amended;...
- Section 11-89A-7 Officers of authority
The officers of an authority shall consist of a chairman, a vice-chairman, a secretary, a treasurer, and such other officers as its board shall deem...
- Section 11-89A-8 Powers of authority; location of facilities of authority
(a) Every authority shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including...
- Section 11-89A-9 Bonds of authority, generally
(a) Any authority shall have the power to issue, sell, and deliver at any time and from time to time its bonds in such principal...
- Section 11-89A-10 Security for payment of bonds; contracts and agreements to secure
(a) Any bonds issued by the authority shall be revenue bonds and shall be payable solely out of such revenues of the authority as may...
- Section 11-89A-11 Proceeds from sale of bonds
All moneys derived from the sale of any bonds issued by an authority shall be used solely for the purpose or purposes for which the...
- Section 11-89A-12 Refunding bonds
Any bonds issued or assumed by an authority may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds...
- Section 11-89A-13 Freedom of authority from supervision and control of state; applicability of Article 1 of Chapter 27 of Title 22
(a) This chapter is intended to aid the state through the furtherance of the purposes of the chapter by providing appropriate and independent instrumentalities with...
- Section 11-89A-14 Power of eminent domain
Each authority organized under the provisions of this chapter is hereby granted the power of eminent domain and may exercise such power in the manner...
- Section 11-89A-15 Cooperation, aid, and agreements from and with other bodies
(a) For the purpose of attaining the objectives of this chapter, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of the...
- Section 11-89A-16 Exemption from taxation, etc
The property and income of any authority, all bonds issued by an authority, the income from such bonds, conveyances by or to an authority, and...
- Section 11-89A-17 Exemption from usury and interest laws
Each authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation...
- Section 11-89A-18 Exemption from competitive bid laws
Any authority and all contracts made by it shall be exempt from the laws of the State of Alabama requiring competitive bids for any contract...
- Section 11-89A-19 Disposition of net earnings of authority
An authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit...
- Section 11-89A-20 Bonds of authority as legal investments
The bonds of any authority shall be legal investments in which the state and its agencies and instrumentalities, all counties, municipalities and other political subdivisions...
- Section 11-89A-21 Dissolution of authority; vesting of title to authority's property
At any time when an authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon...
- Section 11-89A-22 Incorporation of another authority by same determining subdivision
The existence of an authority incorporated under the provisions of this chapter shall not prevent the subsequent incorporation under this chapter of another authority pursuant...
- Section 11-89A-23 Notice of bond resolution; contest to validity of bonds, etc
Upon the adoption by the board of any authority of any resolution providing for the issuance of bonds, such authority may, in the discretion of...
- Section 11-89A-24 Cumulative effect of chapter
The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent...
- Section 11-89A-25 Liberal construction of chapter
This chapter being remedial in nature, the provisions of this chapter shall be liberally construed to effect its purpose.
- Chapter 89B SALE AND ISSUANCE OF BONDS BY PUBLIC CORPORATIONS OPERATING WATER SYSTEMS.
- Section 11-89B-1 Public corporation given power to sell and issue bonds, to pledge for payment proceeds, revenues, etc., and to issue bonds or notes for temporary borrowing
In addition to all other powers now or hereafter granted by law, each public corporation organized under the laws of the State of Alabama which...
- Section 11-89B-2 Form, terms, denominations, etc. of bonds; execution and delivery; interest; sale; issuance of refunding bonds; liability on bonds; source of payment; use of proceeds; mortgage, deed of trust, etc., containing certain agreements
All bonds issued pursuant to the provisions of this chapter shall be signed by the chairman of the board of directors or other governing body...
- Section 11-89B-3 Contracts as security for payment of principal and interest on bonds
As security for payment of the principal of and interest on bonds issued or obligations assumed by it, such public corporation may enter into a...
- Section 11-89B-4 Resolution of board of directors, etc., or trust indenture containing provisions creating statutory mortgage lien
Any resolution of the board of directors or other governing body of such public corporation or trust indenture under which bonds may be issued pursuant...
- Section 11-89B-5 Use of moneys derived from sale of bonds
All moneys derived from the sale of any such bonds issued by such public corporation shall be used solely for the purpose or purposes for...
- Section 11-89B-6 Investment of bond proceeds
The proceeds of any such bonds issued by such public corporation and moneys held in any special fund established by such public corporation in connection...
- Section 11-89B-7 Law not to repeal existing law; construction
This law shall not repeal or supersede any existing law which authorizes the issuance and sale of bonds by a public corporation but no such...
- Chapter 89C STORM WATER DISCHARGES INTO SEPARATE STORM SEWERS.
- Section 11-89C-1 Legislative findings and intent
(a) The Legislature finds and declares that it is in the public interest and the health, safety, and welfare of the citizens of this state...
- Section 11-89C-2 Definitions
As used in this chapter, the following words and phrases shall have the following meanings: (1) AGRICULTURAL LAND. Any real property classified or assessed as...
- Section 11-89C-3 Public corporation - Procedure for incorporation
(a) Three or more natural persons who are either the mayor of a municipality or the chair of a county governing body of a county...
- Section 11-89C-4 Powers of public corporation; requirements for development or adoption of rules, procedures, ordinances, etc
(a) When expressly required to comply with storm water laws, any public corporation created pursuant to this chapter shall have the following powers: (1) To...
- Section 11-89C-5 Exemption of public corporation from fees and taxes
The property and income of any public corporation, and any conveyance, lease, mortgage, deed of trust, or trust indentures by or to the public corporation...
- Section 11-89C-6 Member governing bodies granted power of eminent domain
Member governing bodies are granted the power of eminent domain and may exercise the power in the manner provided by law for the purpose of...
- Section 11-89C-7 Public corporation to be nonprofit; dissolution
Any public corporation shall be a nonprofit corporation, and no part of its net earnings shall inure to the benefit of any individual, firm, or...
- Section 11-89C-8 Immunity of corporation, board members, and employees
(a) Any public corporation shall be immune from civil suit for damages to the same extent as a department of state government. (b) No board...
- Section 11-89C-9 Powers of governing bodies
(a) A governing body shall proceed under this chapter as a participant in the public corporation or individually, to adopt upon reasonable public notice and...
- Section 11-89C-10 Assessment, collection, etc., of fees, charges, or assessments
(a) The tax assessor and the tax collector, or other public official performing the functions of the tax assessor and tax collector, of every county...
- Section 11-89C-11 Compliance with conditions and limitations in NPDES permit deemed to be compliance with chapter
Notwithstanding any provision to the contrary set forth in this chapter or in any local ordinance or resolution, compliance with the conditions, limitations, and restrictions...
- Section 11-89C-12 No enforcement action by governing body where ADEM has taken certain actions
(a) In no event shall any enforcement action be taken by any governing body against any person for an alleged violation of a local ordinance...
- Section 11-89C-13 Liberal construction
The purpose of this chapter being remedial in nature, it shall be liberally construed to effect its purpose.
- Section 11-89C-14 Effect of chapter on state entities
Nothing in this chapter shall be interpreted as negating, destroying, impairing, preempting, superseding, or conflicting with any statutory or common law, or other legal right,...
- Section 11-89C-15 Revision of regulations and permits; compliance with 2014 amendments
(a) No later than April 10, 2015, ADEM shall initiate all actions necessary to revise its applicable regulations to comply with or adhere to the...
- Chapter 90 FREE PUBLIC LIBRARIES.
- Chapter 91 GROUP LIFE, HEALTH, ACCIDENT, ETC., INSURANCE, ETC., FOR OFFICERS AND EMPLOYEES OF MUNICIPALITIES AND COUNTIES.
- Section 11-91-1 Provision by governing bodies of counties and municipalities for group life, health, accident, etc., insurance, etc., for officers and employees authorized
(a) The council, commission, or similar governing body of each municipal corporation, the board of directors of each incorporated municipal board, the county commission of...
- Section 11-91-2 Contracting for and purchase of insurance policies generally; requirements as to amounts of insurance under policies and coverage of policies
(a) All such governing bodies shall have authority to contract for and purchase any or all such policies of insurance from any insurer or insurers...
- Section 11-91-3 Determination of persons to be insured, amount, nature, and kind of insurance and manner of paying premiums
It is hereby declared to be the intent of the Legislature that any such governing bodies shall have the power and authority to determine in...
- Section 11-91-4 Payment of premiums
Such governing bodies shall have authority to pay all or such part of the premium for such insurance as such governing bodies shall determine out...
- Section 11-91-5 Return of premiums
In the event there is a return of premium by any insurance company under any such insurance contract, such return shall be made to the...
- Section 11-91-6 Appropriation of funds for implementation of provisions of chapter
Any such governing bodies may appropriate sufficient funds to carry out the provisions of this chapter.
- Section 11-91-7 Validation, etc., of policies issued prior to August 16, 1947, and acts done and premiums paid in accordance therewith
All contracts and policies of group life, health, accident, and hospitalization insurance or any one or more of them which have been issued prior to...
- Section 11-91-8 Health insurance, etc., programs for retired employees
The governing body of any county, municipality, or a public agency which is an employer participating in the Employees' Retirement System pursuant to Section 36-27-6,...
- Chapter 91A LOCAL GOVERNMENT HEALTH INSURANCE PROGRAM.
- Section 11-91A-1 Definitions
For the purpose of this chapter, the following words have the following meanings: (1) BOARD. The Local Government Health Insurance Board established in this chapter....
- Section 11-91A-2 Local Government Health Insurance Board; governance and administration of program
(a) The Local Government Health Insurance Board shall govern and administer the Local Government Health Insurance Program currently governed and administered by the State Employees'...
- Section 11-91A-3 Employee, retiree, and dependent coverage; premiums; summary documents
(a) All full-time employees, elected officials, and retirees of employer participants who are eligible for health care benefits for themselves or their dependents under the...
- Section 11-91A-4 Transfer of responsibility and control of program; membership of board
(a) Notwithstanding the provisions of Section 36-29-14, the board shall have exclusive responsibility and control over the program as of 12:01 a.m. on January 1,...
- Section 11-91A-5 Meetings; quorum; reimbursement of expenses; board as body corporate
(a) The organizational meeting of the board shall be set no later than October 1, 2014, by the Chief Executive Officer of the SEIB. The...
- Section 11-91A-6 Property rights and contractual obligations of board; costs of software and property; assignment of contracts
(a) Except as otherwise provided in this chapter, the SEIB shall provide for the administration of the program as provided in Chapter 29 of Title...
- Section 11-91A-7 Jurisdiction of board; funding; powers of board
The board shall have full, complete, and exclusive jurisdiction over the program and shall allocate funds from its treasury for the fulfillment and accomplishment of...
- Section 11-91A-8 Awarding of contracts
(a) Before entering into any contract or contracts for a carrier or third party administrator, the board shall solicit competitive proposals from companies or agencies...
- Section 11-91A-9 Discretion of board; review of claims; appeals
The board shall have complete discretion and final authority to interpret the terms and conditions of the program. The program shall require adequate notice in...
- Section 11-91A-10 Recordkeeping; audits
The board shall maintain books of account covering revenues derived by it from all sources, together with accounts of all expenses incurred in connection with...
- Chapter 92 INDUSTRIAL PARKS.
- Section 11-92-1 Definitions
(a) The following definitions shall be applicable to this chapter, unless a different meaning clearly appears from the context: (1) COUNTY. Each county in the...
- Section 11-92-2 Legislative intent; construction of chapter generally
(a) It is the intention of the Legislature by the passage of this chapter to authorize each county and each municipality in the state, acting...
- Section 11-92-3 Powers of counties and municipalities as to acquisition, development, etc., of parks generally
(a) In addition to all existing powers, a county or municipality shall have the power, by itself or together with other participants, to acquire, by...
- Section 11-92-4 Requirements as to acquisition and development of parks
The following procedure shall be followed in acquiring and developing an industrial park: (1) The governing body of any county or municipality shall determine by...
- Section 11-92-5 Sale, etc., by municipalities or counties of property or interests in property; ownership of parks by municipalities or counties
(a) Any municipality or county shall have the power to sell and grant options to acquire any property or interest in property acquired under the...
- Section 11-92-6 Warrants - Form, terms, denominations, etc.; liability of counties or municipalities upon warrants; disposition of proceeds from sale
(a) Each participant shall have the power to sell and issue interest-bearing warrants for the purpose of paying the cost or its share of the...
- Section 11-92-7 Warrants - Security for payment of principal and interest
(a) The governing body of any participant may assign and specially pledge any tax or any part thereof for the payment of the principal of...
- Section 11-92-8 Refunding warrants
Each participant may issue refunding warrants, either by sale or by exchange, for the purpose of refunding a like or greater principal amount of warrants...
- Section 11-92-9 Investment in warrants by trustees, executors, etc
A trustee, executor, administrator, guardian, or other fiduciary may invest trust funds in warrants issued under the provisions of this chapter unless otherwise directed by...
- Section 11-92-10 Issuance of warrants and interest coupons deemed audit and allowance of claims by counties; effect thereof
The issuance by a county of warrants and the interest coupons applicable thereto pursuant to the provisions of this chapter shall be deemed to constitute...
- Section 11-92-11 Applicability and effect of other provisions of law
Insofar as the provisions of this chapter may be inconsistent with the provisions of any other law, the provisions of this chapter shall control, it...
- Chapter 92A COUNTY INDUSTRIAL DEVELOPMENT AUTHORITIES.
- Section 11-92A-1 Definitions
When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ARTICLES. The articles of...
- Section 11-92A-2 Legislative findings of fact and declaration of intent; construction of article
(a) The Legislature hereby makes the following findings of fact and declares its intent to be as follows: In recent years changes have taken place...
- Section 11-92A-3 Incorporation of authority
(a) Any number of natural persons, not less than three, residing in any county or counties within the proposed authority's authorized operational area may incorporate...
- Section 11-92A-4 Application for incorporation
(a) The written application of the incorporators shall be filed with the probate judge, which application shall: (1) Contain a statement that the incorporators propose...
- Section 11-92A-5 Articles of incorporation
(a) The articles of incorporation of an authority shall state all of the following: (1) A designation of the authorized operational area of the authority,...
- Section 11-92A-6 Reincorporation
(a) In all cases where there has heretofore been an attempt to create or incorporate an industrial development authority or industrial development board, but the...
- Section 11-92A-7 Further authorization and procedure for reincorporation of existing industrial development authorities and boards
In all cases where an industrial development authority or industrial development board has been incorporated or created prior to or after the enactment of this...
- Section 11-92A-8 Recordation of articles by probate judge; probate judge to receive no fees in connection with incorporation, reincorporation, dissolution, etc., of authority
(a) The articles shall be filed with the probate judge. Upon acceptance of such articles for filing, the proposed authority shall constitute a de jure...
- Section 11-92A-9 Board of directors
(a) The board of directors of an authority shall be as specified in the articles, or as provided in Sections 11-92A-5 and 11-92A-6, provided that...
- Section 11-92A-10 Directors
(a) Except as provided in Section 11-92A-5, the board of directors shall be composed of the number of directors provided for in the articles, appointed...
- Section 11-92A-11 Amendment of articles
(a) The articles of any authority may at any time and from time to time be amended in the manner provided in this section. The...
- Section 11-92A-12 Powers of authority
An authority shall have the following powers, which it may exercise in any county within such authority's authorized operational area: (1) To have succession by...
- Section 11-92A-13 Issuance and sale of bonds
An authority is hereby authorized from time to time to sell and issue its bonds for the purposes authorized in Section 11-92A-12.
- Section 11-92A-14 Bonds of authority
(a) Bonds of an authority shall be signed by its chairman and attested by its secretary, the seal of the authority shall be affixed thereto,...
- Section 11-92A-15 Security for bonds
(a) In the discretion of the board of directors of an authority, any bonds may be secured by an indenture between an authority and a...
- Section 11-92A-16 Use of bonds, proceeds, etc
(a) The proceeds from the sale of any bonds shall be applied as provided in the proceedings in which the bonds are authorized to be...
- Section 11-92A-17 Exemption from usury and interest laws
An authority shall be exempt from all laws of the state now or hereafter governing usury or prescribing or limiting interest rates, including without limitation...
- Section 11-92A-18 Exemptions from taxation
All properties of an authority, whether real, personal, or mixed, and the income therefrom, all bonds and other securities issued by an authority and the...
- Section 11-92A-19 Nonapplicability of competitive bid laws
The provisions of Articles 2 and 3 of Chapter 16 of Title 41 or other similar laws shall not apply to an authority, its directors,...
- Section 11-92A-20 Limited liability
The recovery of damages under any judgment or judgments against an authority shall be limited to $100,000 for bodily injury or death for one person...
- Section 11-92A-21 Transfer of funds and assets to authority
Any public person is hereby authorized to transfer and convey to an authority, with or without consideration, (a) any properties, real, personal, or mixed, and...
- Section 11-92A-22 Dissolution of authority
(a) At any time when no bonds of an authority are outstanding, an authority may be dissolved by the adoption by its board of directors...
- Section 11-92A-22.1 Dissolution requirements
In addition to the requirements for dissolution under Section 11-92A-22, prior to the dissolution of an authority organized under Chapter 92A of this title, the...
- Section 11-92A-23 Special reserve funds and applications for appropriations
(a) In addition to all other powers at any time conferred upon an authority by law, an authority may, in connection with the issuance of...
- Chapter 92B Developmnet of Former Federal Military Installations.
- Section 11-92B-1 Definitions
When used in this chapter, the following words and terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ARTICLES. The...
- Section 11-92B-2 Legislative findings
The Legislature makes the following findings: (1) That the economic development of property comprising a former military installation is of vital importance to the life,...
- Section 11-92B-3 Incorporation of an authority
Any number of natural persons, not less than three, each residing in the county of incorporation or a municipality whose corporate limits lie in whole...
- Section 11-92B-4 Application of incorporation
(a) The written application of the incorporators shall be filed with the judge of probate, which application shall do all of the following: (1) Contain...
- Section 11-92B-5 Articles of incorporation
(a) The articles of incorporation of an authority shall state all of the following: (1) The names of the incorporators of the authority and that...
- Section 11-92B-6 Filing of articles
(a) The articles shall be filed with the judge of probate. The acceptance of such articles for filing by the judge of probate shall be...
- Section 11-92B-7 Board of directors
(a) The authority shall operate under the direction of a board of directors which shall consist of voting members selected as follows: (1) One member...
- Section 11-92B-8 Amendment of articles
(a) The articles of an authority may at any time and from time to time be amended in the manner provided in this section. The...
- Section 11-92B-9 Ethical standards
All board members, officers, and employees of an authority shall be subject to and comply with the ethics laws of the state. The board may...
- Section 11-92B-10 Powers and duties of authority
An authority shall have the following powers and duties together with all powers and duties incidental thereto or necessary to the discharge thereof: (1) To...
- Section 11-92B-11 Accounting
An authority shall hire an independent certified public accounting firm to examine its books and records and render a written audit report annually.
- Section 11-92B-12 Bonds of the authority
(a) Bonds of an authority shall be signed by the chair or vice chair and attested to by the secretary or assistant secretary. The seal...
- Section 11-92B-13 Liability for indebtedness
Neither the county of incorporation nor any municipality whose corporate limits lie in whole or in part within the operational area of the authority, nor...
- Section 11-92B-14 Liability for injuries
An authority shall not be liable for damages for injury done to any person or corporation, unless the injury was done due to the negligence...
- Section 11-92B-15 Liability of board members
Members of the board shall not be subject to civil liability arising from the conduct of the affairs of an authority except when the act...
- Section 11-92B-16 Disposition of funds
No part of the net earnings of an authority remaining after payment of its expenses shall inure to the benefit of any private entity or
- Section 11-92B-17 Participation in Employees' Retirement System
An authority, by resolution legally adopted to conform to rules prescribed by the Board of Control of the Employees' Retirement System, may elect to have...
- Section 11-92B-18 Oversight committee
The affairs and operations of an authority shall be supervised and monitored by an oversight committee. The committee shall be composed of all the members...
- Section 11-92B-19 Conveyances to and from predecessor entities
All conveyances to and from any predecessor entity of an authority, which entity has been or is ruled invalid by any Alabama court, before April...
- Section 11-92B-20 Dissolution of authority
(a) If it is determined that it is not possible for an authority to achieve all of the purposes for which the authority was formed,...
- Section 11-92B-21 Exemption from taxation
An authority, including, without limitation, its property, its income, the bonds and other securities issued by the authority, the interest applicable thereto, and the income...
- Section 11-92B-22 Conveyance of property by county or municipality
Subject to acceptance by an authority, the county of incorporation and any municipality therein may convey to an authority, with or without consideration, any real,...
- Section 11-92B-23 Exemption from usury laws
An authority shall be exempt from all general laws of the state governing usury or prescribing or limiting interest rates, including, without limitation, Chapter 8...
- Section 11-92B-24 Exemptions from competitive bidding
An authority and all contracts made by it shall be exempt from the provisions and requirements of Sections 41-16-50 to 41-16-63, inclusive, as amended or...
- Section 11-92B-25 Sale or lease of certain real property by state
Notwithstanding any provision of law to the contrary, an authority shall not be subject to Article 3, commencing with Section 9-15-70, of Chapter 15 of...
- Section 11-92B-26 Awarding authority
An authority shall be considered an awarding authority within the meaning of Title 39, as amended or replaced, and shall comply with all public works...
- Section 11-92B-27 Open meetings
An authority shall be subject to the Open Meetings Act, Chapter 25A of Title 36, as amended or replaced, and all public records requirements of...
- Section 11-92B-28 Diversity requirements
Notwithstanding any other provisions of this chapter, the members of the board, all employees, and any contracts entered into by an authority and any personnel...
- Chapter 92C
- Section 11-92C-1 Legislative intent
The redevelopment, revitalization, and redevelopment of land contiguous with a U.S. Air Force military installation operating within any municipality or county in this state, whether...
- Section 11-92C-2 Definitions
For the purposes of this chapter, the following words have the following meanings: (1) APPLICANT. A natural person who files a written application with the...
- Section 11-92C-3 Filing of application; authorization of incorporation by governing body of an authorizing subdivision
(a) An authority may be organized pursuant to this chapter. In order to incorporate a public corporation, any number of natural persons, not less than...
- Section 11-92C-4 Procedure to incorporate; contents and execution of certificate of incorporation
(a) Within 40 days following the adoption of the authorizing resolution, the applicants shall proceed to incorporate the authority by filing for record in the...
- Section 11-92C-5 Amendments to certificate of incorporation
(a) The certificate of incorporation of an authority incorporated under this chapter may at any time and from time to time be amended in the...
- Section 11-92C-6 Board of directors to govern each authority
(a) All powers of an authority shall be exercised by the board or pursuant to its authorization. The board shall consist of three or more...
- Section 11-92C-7 Officers of authority
The officers of an authority shall consist of a chair, vice chair, secretary, treasurer, and other officers as its board shall deem necessary or appropriate....
- Section 11-92C-8 Powers of authority
(a) The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To...
- Section 11-92C-9 Bonds of authority
(a) Source of payment. All bonds issued by an authority shall be payable solely out of the revenues and receipts derived from the leasing or...
- Section 11-92C-10 Proceeds from the sale of bonds
All moneys derived from the sale of any bonds issued by an authority shall be used solely for the purpose or purposes for which the...
- Section 11-92C-11 Refunding bonds
Any bonds issued by an authority may from time to time be refunded by the issuance, sale, or exchange of refunding bonds payable from the...
- Section 11-92C-12 Notice of bond resolution
(a) Upon the adoption by the board of an authority of any resolution providing for the issuance of bonds, the authority may publish once a...
- Section 11-92C-13 Exemption from taxation
(a) Any authority formed under this chapter, a cooperative district of which the authority is a constituent member, the sales, property, and income of the...
- Section 11-92C-14 Liability of authorizing subdivision
An authorizing subdivision shall not in any event be liable for the payment of the principal of, or interest on, any bonds of the authority...
- Section 11-92C-15 Failure to pay past due assessments
If any user, lessee, or owner of the project fails to pay when due, with time being of the essence, any assessments or fees due...
- Section 11-92C-16 Exemption from usury laws
An authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation...
- Section 11-92C-17 Exemption from competitive bid laws
An authority, a cooperative district of which the authority is a member, and any private user, and all contracts made by them are exempt from...
- Section 11-92C-18 Freedom of authority from state supervision and control
This chapter is intended to aid the state through the furtherance of the purposes of this chapter by providing an appropriate and independent instrumentality of...
- Section 11-92C-19 Earnings of authority
An authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit...
- Section 11-92C-20 Dissolution of authority and vesting of title to property
At any time when an authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon...
- Section 11-92C-21 Existence of authority not to prevent subsequent incorporation of another authority
The existence of one or more authorities incorporated under this chapter shall not prevent the subsequent incorporation under this chapter of another authority or the...
- Section 11-92C-22 Establishment and revision of rentals, licenses, rates, fees, and charges for services or facilities rendered by authority
Rates, fees, charges, rentals, and licenses for services rendered by an authority, a cooperative district of which the authority is a member, or a private...
- Section 11-92C-23 Loans, sales, grants, guarantees, and contractual or lease obligations of money or property
(a) For the purpose of securing services of or the right to use or the use by its citizens or customers of one or more...
- Chapter 93 TORT CLAIMS AND JUDGMENTS AGAINST LOCAL GOVERNMENTAL ENTITIES.
- Chapter 94 PORT AUTHORITIES.
- Section 11-94-1 Definitions
Whenever used in this chapter, unless the context plainly indicates otherwise, the present term shall include the future term, the singular shall include the plural,...
- Section 11-94-2 Legislative intent; liberal construction of chapter
(a) It is the intention of the Legislature by the passage of this chapter to authorize the incorporation of authorities as nonprofit public corporations to...
- Section 11-94-3 Application for incorporation of authority; approval by local governing bodies and State Docks Department
Whenever any number of natural persons not less than three shall file with the governing body of a county and with the governing body of...
- Section 11-94-4 Certificate of incorporation - Contents; execution and acknowledgment
(a) The certificate of incorporation shall set forth: (1) The names and resident addresses of the applicants together with a recital that each of them...
- Section 11-94-5 Certificate of incorporation - Filing with probate judge; examination, approval, and recordation by probate judge; recordation as conclusive evidence
When executed and acknowledged in conformity with Section 11-94-4, the certificate of incorporation shall be filed with the judge of probate of the county which...
- Section 11-94-6 Certificate of incorporation - Amendment procedure; recordation of amendment as conclusive evidence
The certificate of incorporation may at any time and from time to time be amended so as to make any changes therein and add any...
- Section 11-94-7 Board of directors of authority; election; terms of office; qualifications; vacancies; quorum; proceedings and record thereof; certified copies as evidence; expenses; impeachment; annual report
(a) An authority shall have a board of directors in which all of the powers of the authority shall be vested, and which shall consist...
- Section 11-94-8 Officers of authority
The officers of an authority shall consist of a president, a vice president, a secretary, a treasurer, and such other officers as the board may...
- Section 11-94-9 Powers of authority; location of projects
(a) An authority organized and existing under this chapter shall have the following powers, together with all powers incident thereto or necessary for the performance...
- Section 11-94-10 Bonds of authority - From what source payable; form; denominations; terms; redemption; sale; subsequent issues; negotiability
(a) All bonds and securities issued by an authority shall be payable solely out of the revenues derived by the authority from the leasing, sale...
- Section 11-94-11 Bonds of authority - Execution
All bonds shall be signed by the president or vice president and the secretary or treasurer of the authority and the seal of the authority...
- Section 11-94-12 Bonds of authority - Indenture; lien; remedies of bondholders
In the discretion of its board, any bonds issued by an authority may be secured by an indenture between an authority and a trustee, which...
- Section 11-94-13 Bonds of authority - Application of proceeds
The proceeds derived from the sale of any bonds shall be applied as provided in the proceedings in which the bonds are authorized to be...
- Section 11-94-14 Refunding bonds
An authority may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and the interest...
- Section 11-94-15 Liability of authorizing subdivisions upon bonds, obligations and agreements of authority; other actions by authorizing subdivisions to attain objectives of chapter
(a) Neither of the authorizing subdivisions of an authority shall in any event be liable for the payment of the principal of, interest and premium,...
- Section 11-94-16 Disposition of net earnings
Each authority organized hereunder shall be a nonprofit public corporation and no part of its net earnings remaining after payment of its expenses shall inure...
- Section 11-94-17 Bonds of authority as legal investments
Bonds issued under this chapter are hereby made legal investments for executors, administrators, trustees and other fiduciaries and for savings banks and insurance companies organized...
- Section 11-94-18 Dissolution of authority; vesting of title to funds and property of authority
Whenever the board of any authority shall by resolution determine that the purposes for which the authority was formed have been substantially complied with and...
- Section 11-94-19 Exemption from taxation and fees
Each authority incorporated under this chapter and all properties at any time owned by it and the income therefrom and all bonds issued by it...
- Section 11-94-20 Exemption from usury and interest laws
Each authority incorporated under this chapter shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates,...
- Section 11-94-21 Construction of chapter
(a) Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers which an authority may...
- Section 11-94-22 Applicability of Article 5 of Chapter 6 of Title 8
An authority proposing to issue any bonds under the authority of this chapter shall comply with and be entitled to the benefits of the preissuance...
- Section 11-94-23 Correction of errors or omissions in incorporation
If an authority formed under this chapter has failed to comply with the requirements of this chapter in its organization, such omission or defect may...
- Section 11-94-24 Validation of incorporation of certain port authorities
In all cases where there has heretofore been an attempt to incorporate a port authority under the provisions of this chapter, and the incorporation of...
- Section 11-94-25 Revenues to be used for paying bonds of authorities
Any provision of Chapter 94 of Title 11, to the contrary notwithstanding, any bonds issued by an authority in connection with any project described in...
- Chapter 95 PUBLIC HOSPITALS.
- Section 11-95-1 Legislative intent; liberal construction of chapter
It is the intent of the Legislature by the passage of this chapter to promote the public health of the people of the State of...
- Section 11-95-2 Definitions
The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication herein...
- Section 11-95-3 Application for incorporation of public corporation; approval by local governing bodies
A public corporation may be organized pursuant to the provisions of this chapter in any county. In order to incorporate such a public corporation, any...
- Section 11-95-4 Certificate of incorporation - Contents; execution, acknowledgment, attachments, recordation by probate judge
(a) Within 80 days following the adoption of the first adopted of the two authorizing resolutions required by the provisions of Section 11-95-3 and within...
- Section 11-95-5 Certificate of incorporation - Amendment procedure
The certificate of incorporation of any corporation incorporated under the provisions of this chapter may at any time and from time to time be amended...
- Section 11-95-6 Board of directors of corporation; election; terms of office; qualifications; vacancies; expenses; impeachment
Each corporation shall be governed by a board of directors. All powers of the corporation shall be exercised by the board or pursuant to its...
- Section 11-95-7 Powers of corporation
In addition to all other powers granted elsewhere in this chapter, a corporation shall have the following powers, together with all powers incidental thereto or...
- Section 11-95-8 Bonds of corporation - From what source payable; pledge of revenues; execution; form, interest rate, maturity, sale, and negotiability; nature of obligation and source of payment; investment eligibility
(a) All bonds issued by a corporation shall be payable solely from one or more of the following sources as may be designated in the...
- Section 11-95-9 Bonds of corporation - Proceeds from sale
All moneys derived from the sale of any bonds issued by a corporation shall be used solely for the purpose or purposes for which the...
- Section 11-95-10 Refunding bonds
Any bonds issued by a corporation may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds payable from...
- Section 11-95-11 Exemption from taxation and fees
The property and income of a corporation, all bonds issued by a corporation, the income from such bonds, conveyances by or to a corporation, and...
- Section 11-95-12 Liability of authorizing subdivisions
Neither of the authorizing subdivisions shall be liable in any manner for the payment of the principal of or interest on any bonds of a...
- Section 11-95-13 Exemption from usury and interest laws
A corporation shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation...
- Section 11-95-14 Power of eminent domain
A corporation shall have the same power of eminent domain as is vested by law in its authorizing county, which power shall be exercised in...
- Section 11-95-15 Applicability of Division 2 of Article 4 of Chapter 21 of Title 22
A corporation shall constitute a hospital corporation as that term is used in Sections 22-21-101, 22-21-102, and 22-21-106 as now or hereafter amended. Without limiting...
- Section 11-95-16 Applicability of Section 11-93-2
A corporation shall constitute a governmental entity as that term is used in Section 11-93-2, as now or hereafter amended, and any damages recoverable against,...
- Section 11-95-17 Transfer of funds, assets, etc. to corporation
The authorizing county, any municipality located, in whole or in part, within such county, whether or not the authorizing municipality, and any public corporation in...
- Section 11-95-18 Earnings of corporation
A corporation shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit...
- Section 11-95-19 Dissolution of corporation; passage of title to property of corporation
At any time when a corporation has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon...
- Section 11-95-20 Multiple corporations permitted
The existence of a corporation incorporated under the provisions of this chapter shall not prevent the subsequent incorporation hereunder of another corporation pursuant to authority...
- Section 11-95-21 Cumulative effect of chapter
The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent...
- Chapter 96 COMMUNITY ACTION AGENCIES.
- Chapter 96A SHELTERS, HALFWAY HOUSES, ETC., AND AFFORDABLE SINGLE AND MULTI-FAMILY DWELLINGS.
- Section 11-96A-1 Legislative declarations
It is hereby declared that a lack of sanitary, safe, and affordable dwelling accommodations for persons of moderate and low income and shelters, halfway houses...
- Section 11-96A-2 Definition of "low or moderate income person or family."
For purposes of this chapter, a low or moderate income person or family shall mean those persons or families with incomes that do not exceed...
- Section 11-96A-3 Municipalities or counties empowered to take certain actions to carry out purpose of chapter
The council or other governing body of any municipality, or governing body of a county in furtherance of the legislative purpose stated above, is empowered...
- Section 11-96A-4 Cooperation with other municipalities, counties, etc., in exercise of powers
Any two or more municipalities or counties may join or cooperate with one another or with an unincorporated area in the exercise, either jointly or...
- Section 11-96A-5 Powers conferred cumulative and supplemental
Except as may be otherwise expressly provided, all powers and authorities conferred shall be cumulative and supplemental and not in derogation of any powers and...
- Section 11-96A-6 Construction required to be performed by licensed contractor; construction subject to state competitive bid laws
All construction authorized pursuant to the provisions of this chapter shall be performed by a licensed contractor as provided in Chapter 8 of Title 34....
- Chapter 97 CONSTRUCTION AND IMPROVEMENT OF UTILITY SERVICES FACILITIES.
- Section 11-97-1 Legislative declarations and findings
It is hereby found and declared as follows: (1) That the health, safety, and welfare of the people of this state require the provision of...
- Section 11-97-2 Definitions
The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, in the absence of a clear implication...
- Section 11-97-3 Filing of application for incorporation of corporation; authorization of incorporation by governing body of county or municipality
A public corporation may be organized pursuant to the provisions of this chapter in any county or municipality. In order to incorporate such a public...
- Section 11-97-4 Incorporation procedure; contents, execution, and filing of certificate of incorporation
(a) Within 40 days following the adoption of an authorizing resolution the applicants shall proceed to incorporate a corporation by filing for record in the...
- Section 11-97-5 Amendments to certificate of incorporation
The certificate of incorporation of any corporation incorporated under the provisions of this chapter may at any time and from time to time be amended...
- Section 11-97-6 Board of directors of corporation; election; terms of office; vacancies; qualifications; expenses; impeachment
(a) Each corporation shall be governed by a board of directors. All powers of the corporation shall be exercised by the board or pursuant to...
- Section 11-97-7 Officers of corporation
The officers of a corporation shall consist of a chairman, a vice-chairman, a secretary, a treasurer, and such other officers as its board shall deem...
- Section 11-97-8 Powers of corporation; location of facilities of corporation
(a) Every corporation shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including...
- Section 11-97-9 Bonds of corporation generally
(a) Any corporation shall have the power to issue, sell and deliver at any time and from time to time its bonds in such principal...
- Section 11-97-10 Security for payment of bonds; contracts and agreements to secure
(a) Bonds issued by any corporation may, as its board may deem advisable, be either general obligations of such corporation or limited obligations payable only...
- Section 11-97-11 Proceeds from sale of bonds
All moneys derived from the sale of any bonds issued by a corporation shall be used solely for the purpose or purposes for which the...
- Section 11-97-12 Refunding bonds
(a) Any bonds issued or assumed by a corporation may from time to time be refunded by the issuance, by sale or exchange, of refunding...
- Section 11-97-13 Freedom of corporation from supervision and control of state; applicability of certain laws regarding operation of facilities
(a) This chapter is intended to aid the state through the furtherance of the purposes of the chapter by providing appropriate and independent instrumentalities with...
- Section 11-97-14 Power of eminent domain
Each corporation organized under the provisions of this chapter is hereby granted the power of eminent domain and may exercise such power in the manner...
- Section 11-97-15 Contacts; cooperation; aid and agreements from other bodies
(a) For the purpose of attaining the objectives of this chapter, any county, municipality, or other political subdivision, public corporation, agency or instrumentality of the...
- Section 11-97-16 Utility services agreements; incurring indebtedness by governmental users; enforceability of utility services agreements
(a) Any county or municipality, or any instrumentality of either thereof, if authorized by resolution or ordinance of its governing body, may enter into one...
- Section 11-97-17 Prior approval of utility services agreements and related agreements with governmental users; notice and public hearing
(a) No utility services agreement or related agreements in connection with the acquisition, construction, equipment, or operation of any facilities may be entered into by...
- Section 11-97-18 Exemption from taxation
(a) Every corporation shall exercise its powers in all respects for the benefit of the people of the state, for their well being, and for...
- Section 11-97-19 Exemption from usury and interest laws
Any corporation and all contracts made by it shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting...
- Section 11-97-20 Exemption from competitive bid laws
Any corporation and all contracts made by it shall be exempt from the laws of the state requiring competitive bids for any contract to be...
- Section 11-97-21 Disposition of net earnings of corporation
Every corporation shall be a nonprofit public corporation and no part of its net earnings remaining after payment of its expenses shall inure to the...
- Section 11-97-22 Bonds of corporation as legal investments
The bonds of any corporation shall be legal investments in which the state and its agencies and instrumentalities, all counties, municipalities, and other political subdivisions...
- Section 11-97-23 Dissolution of corporation; vesting of title to corporation's property in determining subdivision
At any time when any corporation has no bonds or other obligations outstanding and when there shall be no other obligations assumed by such corporation...
- Section 11-97-24 Incorporation of another corporation by same determining subdivision
The formation or dissolution of one or more corporations incorporated under the provisions of this chapter shall not prevent the subsequent incorporation hereunder of other...
- Section 11-97-25 Notice of bond resolution; contest to validity of bonds, etc
(a) Upon the adoption by the board of any corporation of any resolution providing for the issuance of bonds, such corporation may, in the discretion...
- Section 11-97-26 Provisions cumulative
The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent...
- Section 11-97-27 Liberal construction
This chapter shall be construed liberally to effect its purposes and neither this chapter nor anything herein contained is or shall be construed as a...
- Chapter 98 EMERGENCY TELEPHONE SERVICE.
- Section 11-98-1 Definitions
(a) As used in this chapter, the following words and terms have the following meanings, unless the context clearly indicates otherwise: (1) AUTOMATIC NUMBER IDENTIFICATION....
- Section 11-98-2 Districts; creation; composition; powers and duties
The creating authority may by ordinance or resolution, as may be appropriate, create within its respective jurisdiction districts composed of the territory lying wholly within...
- Section 11-98-3 The digits 911 established as primary emergency telephone number
It has been shown to be in the public interest to shorten the time required for a citizen to request and receive emergency aid. The...
- Section 11-98-4 Board of commissioners
(a) When any district is created, the creating authority may appoint a board of commissioners composed of seven members to govern its affairs, and shall...
- Section 11-98-4.1 Board created; composition; powers and duties
(a) There is created a statewide 911 Board comprised of 13 members that shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the...
- Section 11-98-4.2 Annual report
The Executive Director of the statewide 911 Board shall prepare an annual report detailing the training provided and administered by the 911 Board for 911...
- Section 11-98-5 Monthly statewide 911 charge
(a) A single, monthly statewide 911 charge shall be imposed on each active voice communications service connection in Alabama that is technically capable of accessing...
- Section 11-98-5.1 (Repealed effective October 1, 2013) Maximum tariff rates
Repealed by Act 2012-293, §3, effective October 1, 2012.
- Section 11-98-5.2 911 Fund
(a) Effective October 1, 2013, the 911 Fund shall be created as an insured interest-bearing account into which the 911 Board shall deposit all revenues...
- Section 11-98-5.3 Prepaid wireless telephone service
(a) As used in this section, the following words and terms shall have the following meanings unless the context clearly indicates otherwise: (1) DEPARTMENT. The...
- Section 11-98-6 Disposition of funds
(a) Funds received by a district pursuant to Section 11-98-5.2 shall be used to establish, operate, maintain, and replace an emergency communication system that, without...
- Section 11-98-7 Reimbursement of CMRS providers from 911 Fund
(a) CMRS providers are eligible for reimbursement from the 911 Fund as set forth in subsections (b) and (c) of Section 11-98-5.2. To obtain reimbursement,...
- Section 11-98-7.1 (Repealed effective October 1, 2013) Phase II Enhanced 911 Implementation Fund; reimbursement of costs; disposition of funds
Repealed by Act 2012-293, §3, effective October 1, 2012.
- Section 11-98-7.2 Alabama Emergency Communication District Long-Range Study Commission
Repealed by Act 2007-459, §3(g) effective June 1, 2008.
- Section 11-98-8 (Repealed effective October 1, 2013) Commercial Mobile Radio Service - Duties of providers; service charges
Repealed by Act 2012-293, §3, effective October 1, 2012.
- Section 11-98-9 Technical proprietary information
All technical proprietary information submitted to the board or to the independent third-party auditor as provided by Section 11-98-13 shall be retained by the board...
- Section 11-98-10 Restrictions on 911 use; secondary backup emergency number authorized; certain automatic alerting devices connected to network prohibited; possible penalties for misuse
(a) The telephone number 911 is restricted to emergency calls that may result in dispatch of the appropriate response for: fire suppression and rescue, emergency...
- Section 11-98-11 Methods of response to emergency calls
(a) The emergency telephone system shall be designed to have the capability of utilizing at least one of the following four methods in response to...
- Section 11-98-12 Release of audio recording; public records; transcript
(a) After April 21, 2010, an emergency communications district may not release the audio recording of a 911 telephone call except pursuant to a court...
- Section 11-98-13 Biennial audit
On a biennial basis, if not more frequently, the 911 Board shall retain an independent, third-party auditor for the purposes of receiving, maintaining, and verifying...
- Section 11-98-13.1 Permanent Oversight Commission on 911
(a) The Permanent Oversight Commission on 911 is established. The commission shall do the following: (1) Study the operational and financial condition of the current...
- Section 11-98-14 Sunset provision
The 911 Board shall be subject to the Alabama Sunset Law, Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and...
- Section 11-98-15 Reimbursement for unused funds retained for 911 Board administrative expenses; annual costs
The 911 Board shall reimburse the Department of Examiners of Public Accounts to the extent of any unused funds retained for administrative expenses under this...
- Chapter 99 TAX INCREMENT DISTRICTS.
- Section 11-99-1 Legislative findings and declarations
(a) Act 2013-51 shall be known and may be cited as the Major 21st Century Manufacturing Zone Act. (b)(1) It is hereby found and declared...
- Section 11-99-2 Definitions
As used in this chapter: (1) BLIGHTED OR ECONOMICALLY DISTRESSED AREA: a. An area in which the structures, buildings, or improvements, by reason of dilapidation,...
- Section 11-99-3 Powers of municipalities and counties
In addition to any other powers conferred by law, each municipality and county in the state shall have and may exercise any powers necessary and...
- Section 11-99-4 Creation of tax increment districts and approval of project plans
In order to exercise its powers under this chapter, a public entity shall take the following steps: (1) The local governing body shall hold a...
- Section 11-99-5 Determination of tax increment base; aggregate valuation of taxable property; acquisition or lease of property by public entity; identification of property; notice
(a) Upon the creation of a tax increment district or adoption of any amendment pursuant to subsection (c) of this section, the tax increment base...
- Section 11-99-6 Allocation of positive tax increments; payment to local finance officer; tax increment fund
(a) Positive tax increments of a tax increment district shall be allocated and paid over to the public entity which created the district for each...
- Section 11-99-7 Termination of tax increment districts
The existence of a tax increment district shall terminate when: (1) Positive tax increments are no longer allocable to a district under Section 11-99-6(a) hereof;...
- Section 11-99-8 Financing of project costs
(a) Payment of project costs may be made by any of the following methods or any combination thereof: (1) Payment from the tax increment fund...
- Section 11-99-9 Overlapping tax increment districts
(a) Subject to any agreement with security holders, a tax increment district may be created, the boundaries of which overlap one or more existing tax...
- Section 11-99-10 Equalized valuation for apportionment of property taxes
(a) With respect to any taxing authority other than the public entity which created the tax increment district, the calculation of the equalized valuation of...
- Section 11-99-11 Construction
Nothing herein shall be construed to authorize any municipality or county to lend its credit or to grant public money or things of value in...
- Chapter 99A Alabama Improvement Districts.
- Section 11-99A-1 Name
This chapter shall be known and may be referred to as the "Alabama Improvement District Act."
- Section 11-99A-2 Definitions
In this chapter the following words shall have the following meanings: (1) APPOINTING GOVERNMENT. The municipality or county that approves the creation of a district...
- Section 11-99A-3 Conduct of hearings
A hearing described in this chapter may be held only after giving public notice. However, public notice of regularly scheduled meetings of a council is...
- Section 11-99A-4 Establishment of districts
(a) One or more owners of land wishing to form a district in a municipality or a county may petition the municipality or county to...
- Section 11-99A-5 Validity of petition to form or amend district
No petition for the formation of a district with the requisite signatures shall be declared void on account of defects. The council of the appointing...
- Section 11-99A-6 Powers of a district
Any district shall have the following powers, in addition to those stated elsewhere in this chapter: (1) To have perpetual existence, subject to termination as...
- Section 11-99A-7 Immunity
Districts, the members of the board, its officers, and agents shall have the same immunity from liability as a municipality and its officers. No civil...
- Section 11-99A-8 Internal operations of a district
(a) Each board shall have a chair, a secretary, and a treasurer or a secretary-treasurer, and may have a vice-chair and other officers as the...
- Section 11-99A-9 Appointment of board members
(a) The district shall have a board of directors in which all powers of the district shall be vested and which shall consist of the...
- Section 11-99A-10 Annexation incidental to formation of district
The petition for the formation of a district by a municipality may include land that is not within the corporate limits of the municipality provided...
- Section 11-99A-11 Assessment of district land
For the payment of all or any part of the costs of improvements and the costs referenced in Sections 11-99A-2(6)(v) and (w) and 11-99A-15(c), a...
- Section 11-99A-12 Contracting for improvements
Upon the making of the preliminary assessment, the board shall prepare contracts and bid specifications, and shall bid or otherwise contract for the acquisition, construction,...
- Section 11-99A-13 Final assessment
As soon as possible after receipt by the appointing government of the petition and all required approvals, variances, or exceptions, the council shall conduct a...
- Section 11-99A-14 Payment of assessments
(a) Each assessment shall constitute a lien on the property assessed in the amount of the assessment with respect to that parcel of land, as...
- Section 11-99A-15 Issuance of bonds by districts; terms and assessments
(a) A district may borrow money by the issuance of bonds, which bonds shall be revenue obligations, payable exclusively out of assessments levied on land...
- Section 11-99A-16 Exemptions of district - Usury and interest laws
The rate of interest borne by the assessments shall be exempt from all usury laws or laws prescribing or restricting the rate of interest. Each...
- Section 11-99A-17 Pledge of assessments
If bonds are issued with respect to all or part of an assessment, all proceeds of the assessment allocable to the payment of such bonds...
- Section 11-99A-18 Refundings
Any bonds issued by a district may be refunded by the district, and upon refunding, by current or advance refunding, the term for payment of...
- Section 11-99A-19 Excess funds
Following the completion of the acquisition, construction, or installation of the improvements, if there are excess funds, either from bond proceeds or from assessments, after...
- Section 11-99A-20 Exemption from taxation
(a) Each district, and the bonds and interest and income on the bonds of the district, shall be exempt from all taxation by the state...
- Section 11-99A-21 Failure to pay assessments
If the owner of any land within the district fails to pay an assessment when due, time being of the essence, the board may commence...
- Section 11-99A-22 Amendments of district
A board may submit to the appointing government a petition for amendment of the district, to alter its boundary lines, to add additional property contiguous...
- Section 11-99A-23 Conduct of elections
(a) In any instance where this chapter requires or authorizes the conduct of an election or a vote of owners of land within or electors...
- Section 11-99A-24 Dispute as to ownership
If there is a dispute as to the true owner of any property within a district, the board shall resolve a dispute in accordance with...
- Section 11-99A-25 Failure to provide notice
In any case where notice is provided for in this chapter, if the board or appointing government finds for any reason that due notice was...
- Section 11-99A-26 Multiple assessments
A board, by the proceedings described in this chapter, may request the appointing government to levy one or more than one assessments, on some or...
- Section 11-99A-27 Dissolution and liquidation
If at any time a district has no assessments outstanding, and has paid all its indebtedness, the board may adopt a resolution recommending to the...
- Section 11-99A-28 Reimbursement of appointing government costs
If the council of an appointing government considers it expedient, the council may require the district to reimburse it for its reasonable costs in reviewing...
- Section 11-99A-29 Resolutions not permanent
All resolutions to be adopted by an appointing government under this chapter shall be deemed not to be permanent or of a continuing nature and...
- Section 11-99A-30 Methods of allocating assessments
Subject to Section 223 of the Constitution of Alabama of 1901, if considered appropriate by a council, the cost of an assessment may be levied...
- Section 11-99A-31 Recordation of notice of lien
(a) All preliminary and final assessments shall constitute liens upon the property assessed. The council shall provide a copy of the preliminary and final assessment...
- Section 11-99A-32 Apportionment of liens
Upon the subdivision of any assessed tract of land, the board may, but shall not be required to, apportion the lien and the assessment among...
- Section 11-99A-33 Non-effect of errors
No delays, mistakes, errors, or irregularities in any act or proceeding authorized or required by this chapter shall prejudice or invalidate any preliminary or final...
- Section 11-99A-34 Irregularly shaped lots
In assessing lots based on front footage, special assessments may be made for irregularly shaped lots having unusually high or low front footage in proportion...
- Section 11-99A-35 Enjoining of assessments
No suit may be brought or maintained to enjoin the collection of assessments levied under this chapter except upon the ground that public notice of...
- Section 11-99A-36 Pledge of assessments to bonds
Assessments may be pledged to an issue of bonds, and if pledged, the pledge shall be deemed a perfected, first claim by the bondholders, or...
- Section 11-99A-37 Appropriations by public persons
A public person may contribute funds or property of any kind to a district by appropriation, grant, donation of services of municipal employees or contractors,...
- Section 11-99A-38 Merger of improvement districts
Two or more districts having a single appointing government may, by joint petition filed with the appointing government, request that the districts be merged. If...
- Section 11-99A-39 Feasibility as a condition
The appointing government, as a condition to approving the establishment of a district or the levying of a preliminary or final assessment, may require that...
- Section 11-99A-40 Land owned by public persons
Land owned by a public person shall be exempt from assessments regardless of whether the public person consented to the formation of the district.
- Section 11-99A-41 Use of improvements by persons not assessed
(a) For use of improvements constructed, acquired, or installed by the district with proceeds of assessments, the board may require the payment of a connection,...
- Section 11-99A-42 Reassessments
The council may make a reassessment or new assessment of a parcel if: (1) A court of competent jurisdiction sets aside an assessment against the...
- Section 11-99A-43 Assessment revenue anticipation bonds, notes etc
The district at any time may obtain loans, in the amounts, on the terms and conditions, and payable from and secured by a pledge of...
- Section 11-99A-44 Bonds in series
Bonds of a district may be issued in series, and, for example, one series may be issued as tax-exempt under the United States Internal Revenue...
- Section 11-99A-45 Parity bonds
A district may make provisions for the subsequent issue of additional parity bonds or subordinate lien bonds on terms and conditions specified in the proceedings...
- Section 11-99A-46 Assumption of municipal or county actions
Where an appointing government has taken official action with respect to the construction, acquisition, or installation of improvements, whether before or after June 12, 1999,...
- Section 11-99A-47 Limited exception from regulations
The appointing government and any other public person may determine that improvements may be built by the district, paid for with proceeds of bonds, and...
- Section 11-99A-48 Additional security for bonds
(a) A board may pledge out of bond proceeds or other sources reserve funds for the repayment of bonds. In addition, the district, any other...
- Section 11-99A-49 Investments in bonds
Bonds issued under this chapter are legal and authorized investments for banks, trust companies, savings and loan associations, savings banks, insurance companies, fiduciaries, trustees, guardians,...
- Section 11-99A-50 Provisions cumulative
The provisions of this chapter shall be cumulative with any other act of the Legislature permitting municipalities or other public persons to assess property for...
- Section 11-99A-51 Disposition of net earnings
The district shall be a nonprofit, public corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the...
- Section 11-99A-52 Formation and incorporation of districts validated and confirmed; validity of certain districts
(a) The formation and incorporation of each district heretofore formed and incorporated pursuant to this chapter by any county or municipality is hereby validated and...
- Chapter 99B Capital Improvement Cooperative Districts.
- Section 11-99B-1 Definitions
When used in this chapter the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT. A...
- Section 11-99B-2 Intent
This chapter is intended to encourage and facilitate cooperative efforts by public entities to provide projects for their own use and for the use and...
- Section 11-99B-3 Filing of application for incorporation of district; adoption of resolutions approving or denying application by governing bodies
(a) In order to incorporate a district under this chapter, any number of natural persons, not less than three, shall first file an identical written...
- Section 11-99B-4 Filing of certificate of incorporation and copies of resolutions of governing bodies with judge of probate; contents and execution of certificate of incorporation; notification of Secretary of State of recordation of certificate of incorporation by judge of probate
(a) Following the adoption of an authorizing resolution by that governing body that was the last to adopt an authorizing resolution, but if and only...
- Section 11-99B-5 Authorization and procedure for amendment of certificate of incorporation
(a) The certificate of incorporation of any district may at any time and from time to time be amended in the manner provided in this...
- Section 11-99B-6 Board of directors
(a) Each district shall be governed by a board of directors. All powers of the district shall be exercised by the board or pursuant to...
- Section 11-99B-7 Powers of district generally; power of district to acquire and operate projects; provisions in schedules of rates and charges generally
Each district shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have...
- Section 11-99B-8 Bonds of district - Form, terms, denominations; sale; execution and delivery; refunding; liability thereon; security for payment of principal and interest and payment thereof generally; provisions in trust indentures executed as security for payment of bonds generally
All bonds issued by the district shall be signed by the chairman of its board or other chief executive officer and attested by its secretary...
- Section 11-99B-9 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...
- Section 11-99B-10 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...
- Section 11-99B-11 Establishment and revision of rentals, licenses, rates, fees, and charges for services or facilities rendered by district
Rates, fees, charges, rentals, and licenses for services rendered by the district or facilities provided by the district from any of its projects shall be...
- Section 11-99B-12 Loans, sales, grants, guarantees, contractual or lease obligations of money or property, to district by counties, municipalities, and public corporations
(a) For the purpose of securing services of or the right to use or the use by its citizens or customers of one or more...
- Section 11-99B-13 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...
- Section 11-99B-14 Exemption from taxation of district and the property, leases, and bonds thereof; payment of fees, taxes, or costs to judge of probate for incorporation
The property and income of the district, all bonds issued by the district, the income, and profits from such bonds, conveyances by or to the...
- Section 11-99B-15 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...
- Section 11-99B-16 Existence of district not to prevent subsequent incorporation 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...
- Section 11-99B-17 Provisions of chapter as to incorporation of district, acquisition of property, issuance of bonds, exclusive; jurisdiction over and regulation of district, by State Board of Health, Public Service Commission
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...
- Section 11-99B-18 This chapter is cumulative
This chapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall...
- Chapter 100 ALABAMA CONVENTION FACILITIES ACT.
- Chapter 101 ACQUISITION OF REAL AND PERSONAL PROPERTY FOR LEASE TO UNITED STATES.(FOR TERMINATION DATE - SEE NOTE.)
- Section 11-101-1 Purpose
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-2 Definitions
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-3 Application to incorporate authority
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-4 Incorporation of authority
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-5 Amendment to certificate of incorporation
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-6 Board of directors
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-7 Officers
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-8 Powers of authority
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-9 Eminent domain
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-10 Powers of authorizing subdivision
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-11 Sale of securities
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-12 Refunding securities; limitations
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-13 Signature and seal
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-14 Securities payable out of revenues from projects, properties, etc.; indenture may contain agreements; liens
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-15 Use of proceeds
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-16 Obligations rest with authority
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-17 Securities are legal investments
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-18 Exemption from usury laws
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-19 Authorization of securities
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-20 Investments
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-21 Exemption from taxation
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-22 Exemption from provisions of Articles 2 and 3 of Chapter 16, Title 41
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-23 Public corporation
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-24 Dissolution
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-25 Effect of formation or dissolution on incorporation of another authority
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-26 Authorities governed exclusively by chapter
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Section 11-101-27 Construction of chapter
Repealed by Act 2001-642, p. 1317, § 2, effective May 20, 2001.
- Chapter 101A ACQUISITION OF REAL AND PERSONAL PROPERTY FOR LEASE TO UNITED STATES.
- Section 11-101A-1 Legislative intent
It is the intent of the Legislature to authorize the several counties and municipalities in the state effectively to form public corporations whose corporate purpose...
- Section 11-101A-2 Definitions
As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT. A natural person...
- Section 11-101A-3 Application to incorporate authority
(a) In order to incorporate an authority pursuant to this chapter, any number of natural persons, not less than three, each of whom is a...
- Section 11-101A-4 Incorporation of authority
(a) Within 60 days following the adoption of the authorizing resolution, or, if there is more than one, the last adopted thereof, the applicants shall...
- Section 11-101A-5 Amendment to certificate of incorporation
(a) The certificate of incorporation of any authority incorporated under this chapter may at any time, and from time to time, be amended, but only...
- Section 11-101A-6 Board of directors
(a) Each corporation shall be governed by a board of directors composed of the number of directors provided in the certificate of incorporation as most...
- Section 11-101A-7 Officers
The officers of an authority shall consist of a chair of the board, a vice-chair of the board, a secretary, a treasurer, and such other...
- Section 11-101A-8 Powers of authority
(a) In addition to all other powers granted elsewhere in this chapter, and subject to the express provisions of its certificate of incorporation, an authority...
- Section 11-101A-9 Eminent domain
An authority shall have, in addition to all other powers granted elsewhere in this chapter, the same power of eminent domain as is vested by...
- Section 11-101A-10 Powers of authorizing subdivision
(a) In addition to all other powers that an authorizing subdivision may have with respect to an authority, any authorizing subdivision may, with or without...
- Section 11-101A-11 Sale of securities
Securities of an authority may be executed and delivered by it at any time and from time to time, shall be in such form and...
- Section 11-101A-12 Refunding securities; limitations
(a) An authority may at any time, and from time to time, sell and issue its refunding securities for the purpose of refunding the principal...
- Section 11-101A-13 Signature and seal
All securities of an authority shall be signed in the name and on behalf of the authority by the chair or vice-chair of the board,...
- Section 11-101A-14 Securities payable out of revenues from projects, properties, etc., indenture may contain agreements; liens
(a) Securities issued by an authority shall not be general obligations of the authority but shall be payable solely out of the revenues from any...
- Section 11-101A-15 Use of proceeds
(a) The principal proceeds derived from any borrowing made by an authority shall be used solely for the purpose or purposes for which the borrowing...
- Section 11-101A-16 Obligations rest with authority
All agreements and obligations undertaken, and all securities issued, by an authority shall be solely and exclusively an obligation of the authority and shall not...
- Section 11-101A-17 Securities are legal investments
Securities issued under this chapter are hereby made legal investments for savings banks and insurance companies organized under the laws of the state. Unless otherwise...
- Section 11-101A-18 Exemption from usury laws
An authority shall be exempt from all laws of the state governing usury or prescribing or limiting interest rates, including, but without limitation to, Chapter...
- Section 11-101A-19 Authorization of securities
(a) Any resolution authorizing any securities under this chapter may contain a recital that they are issued pursuant to this chapter, which recital shall be...
- Section 11-101A-20 Investments
(a) To the extent permitted by the contracts of the authority with the holders of its securities and if not otherwise specifically prohibited by any...
- Section 11-101A-21 Exemption from taxation
All properties of an authority, whether real, personal, or mixed, and the income therefrom, all securities issued by an authority and the income therefrom, and...
- Section 11-101A-22 Applicability of certain competitive bidding provisions
Articles 2 (commencing with Section 41-16-20) and 3 (commencing with Section 41-16-50), Chapter 16, Title 41, shall not apply to any authority, the members of...
- Section 11-101A-23 Public corporation
An authority shall be a public corporation or authority and no part of its net earnings remaining after payment of its expenses shall inure to...
- Section 11-101A-24 Dissolution
At any time when the authority does not have any securities outstanding, and when there shall be no other obligations assumed by the authority that...
- Section 11-101A-25 Effect of formation or dissolution on incorporation of another authority
The formation or dissolution of one authority shall not prevent the subsequent incorporation of another authority pursuant to the authority granted by one or more...
- Section 11-101A-26 Authorities governed exclusively by chapter
Any authority organized under this chapter shall, insofar as the subject matter of this chapter is concerned, be governed exclusively by this chapter, which shall...
- Section 11-101A-27 Construction of chapter
This chapter shall not be construed as a restriction or limitation upon any power, right, or remedy which any county, municipality, or public corporation now...
- Chapter 102 COMMON SERVICE CONTRACTS BY COUNTIES AND MUNICIPALTIES.
- Chapter 103 CREDIT CARD PAYMENTS FOR COUNTY AND MUNICIPAL SERVICES.
- Section 11-103-1 Authorization of payment by credit cards
(a) The use of credit cards for any payments made to a county or municipal office, department, agency, board, or commission may be authorized by...
- Section 11-103-2 Agreements with credit card issuers, etc
The county commission or municipal governing body may enter into appropriate agreements with one or more credit card issuers or other appropriate parties as needed...
- Section 11-103-3 Liability for final payment
(a) When a party elects to make a payment to a county or municipal agency, office, department, board, or commission by credit card and a...
- Section 11-103-4 Acceptance of credit cards by individual offices, agencies, etc
If a county governing body has authorized the use of credit cards and has entered into an agreement with one or more credit card issuers...
- Section 11-103-5 Applicability
Except where otherwise provided by local law, this chapter shall apply in any county or municipality where credit cards are accepted for any payments made...
- Chapter 104 POST-EMPLOYMENT BENEFITS ACT OF 2008.
- Section 11-104-1 Short title
The name of this chapter is the Post-Employment Benefits Act of 2008.
- Section 11-104-2 Definitions
As used in this chapter, the following terms shall have the following meanings: (1) DEPENDENTS. The spouse, children, or other dependents of the retired employee,...
- Section 11-104-3 Establishment of trust or participation in multiple-employer trust; management and control; taxation; validity; termination
(a) A governmental entity may adopt an ordinance, bylaw, or resolution allowing for the establishment of a trust, or for the establishment of participation in...
- Section 11-104-4 Trustees
(a) A governmental entity or entities may retain as a trustee any financial institution, committee, association, person, or persons which it deems capable, competent, experienced,...
- Section 11-104-5 Funding; trust investments
(a) Subject to any limitations necessary to ensure the tax-exempt status of a trust, the sources of funding to a trust may be any of...
- Section 11-104-6 Applicability of chapter
Nothing in this chapter shall be construed to define or otherwise grant any right or privilege to post-employment benefits or any other benefits to any...
- Section 11-104-7 Construction with other laws
It is the intent of the Legislature that, to the extent a governmental entity or entities establishes a trust, that it be operated in compliance...
- Chapter 105 TOURISM PROMOTION AND DEVELOPMENT AUTHORITIES.
- Chapter 106 MILITARY LAND USE PLANNING.
Last modified: May 3, 2021