Code of Alabama - Title 39: Public Works - Chapter 7 - Improvement Authorities

• Section 39-7-1 Definitions
  When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) AUTHORITY. A corporation created...
• Section 39-7-2 Authorization for incorporation generally
  The citizens of any city or town in the State of Alabama or the citizens of any area in the State of Alabama containing as...
• Section 39-7-3 Filing of petition for election as to incorporation
  A petition, in the form and executed as provided in Sections 39-7-4 and 39-7-5 may be presented by filing the same with the clerk of...
• Section 39-7-4 Form and verification of petition
  (a) The petition shall be in substantially the following form: "To the (herein insert the name of governing body) of the City (or Town) or...
• Section 39-7-5 Summary proceedings for review, etc., of sufficiency of petition
  The probate or circuit court or any judge thereof within the county shall have summary jurisdiction upon complaint of an elector to determine the sufficiency...
• Section 39-7-6 Publication of notice of filing of petition and of question to be submitted to voters at election
  The clerk or probate judge shall give notice of the submission of the question by causing notice of the filing of the petition and the...
• Section 39-7-7 Submission of question proposed by petition to voters at general election
  If the petition shall have been filed with the clerk or probate judge or, in case a summary proceeding has been instituted, a final order...
• Section 39-7-8 Holding of special election for submission of question to voters; provisions of law governing conduct of such elections; payment of expenses of elections
  If a petition shall not have been filed or, in case a summary proceeding has been instituted, a final order thereon has not been made...
• Section 39-7-9 Contents and form of election ballot
  The question set forth in the petition shall be printed on the ballot. At the left of the question there shall be printed two voting...
• Section 39-7-10 Adoption of resolution setting forth question submitted and votes cast; declaration of incorporation of improvement authority
  At the regular meeting of the governing body of the municipality next succeeding the completion of the canvass and the statement and proclamation of result,...
• Section 39-7-11 When authority deemed incorporated; transmission of certified copy of resolution, etc., to Secretary of State; Secretary of State to furnish statement of names, etc., of authorities incorporated to Department of Finance; publication of statement and effect thereof
  The citizens of the State of Alabama who are inhabitants of such territory shall become and be an incorporated authority under this chapter from and...
• Section 39-7-12 Authority to be public corporation; exercise of powers of authority
  (a) Each authority incorporated under this chapter shall be a public corporation in perpetuity under its corporate name and the same shall in that name...
• Section 39-7-13 Purpose and powers of authority generally; sale, transfer and conveyance of entire water system to public corporation authorized to conduct business of water distribution system
  (a) An authority shall be incorporated for the purpose of conducting and developing the enterprise in which it may engage in such manner that the...
• Section 39-7-14 Board of trustees of authority - Composition; appointment, removal and terms of office of members; vacancies
  (a) Each improvement authority shall have a board of trustees consisting of not more than five members that are qualified electors residing in the area...
• Section 39-7-15 Board of trustees of authority - Members not to hold public office under municipality
  The members of the board shall not hold any public office under the municipality.
• Section 39-7-16 Board of trustees of authority - Organization meeting; selection of officers
  Promptly after their appointment the members of the board shall meet to organize. At such meeting and at the first meeting in each year thereafter,...
• Section 39-7-17 Board of trustees of authority - Compensation; delegation of powers and duties to employees, etc
  Each member of the board shall receive for his or her services compensation in an amount to be fixed by the board. The compensation to...
• Section 39-7-18 Board of trustees of authority - Powers generally
  The board of trustees shall have power to do all things necessary or convenient in conducting and developing the enterprise, including but not limited to...
• Section 39-7-19 Transfer of supervision, possession, control, etc., of property, rights, books, papers, etc., of plant or system owned by municipality to authority generally; continuation in effect of provisions of law as to powers and duties of municipal officers and employees
  Jurisdiction, supervision, possession and control of all property, real and personal, tangible and intangible, together with all easements, water rights and other rights therein and...
• Section 39-7-20 Transfer of municipal officers and employees to authority
  Officers and employees of any board, commission or department in or of the municipality may be transferred to the authority and shall be eligible for...
• Section 39-7-21 Obligations of contracts of municipality not to be impaired; payment of notes, bonds or other obligations issued by municipality; assumption of municipal contracts as to plant or system by authority
  The obligations of contracts of the municipality shall not be impaired by this chapter. Moneys to provide for the payment of notes, bonds or other...
• Section 39-7-22 Powers generally; consent of Department of Finance required for issuance or sale of bonds or other evidence of indebtedness by authority
  (a) Subject only to the Constitution of the State of Alabama, each authority incorporated under this chapter shall have power: (1) To sue and be...
• Section 39-7-23 Authorization for issuance of bonds by authority; terms, denominations, sale, redemption, etc., of bonds; issuance of interim receipts, certificates, etc
  Bonds of an authority shall be authorized by resolution of the board of trustees of such authority and may be issued in one or more...
• Section 39-7-24 Liability on bonds and other obligations of authority
  The bonds and other obligations of an authority incorporated under this chapter shall not be a debt of the State of Alabama nor a debt...
• Section 39-7-25 Rights and remedies of bondholders
  In addition to all other rights and all other remedies any holder or holders of any bond or bonds of any authority incorporated under this...
• Section 39-7-26 Pledge as to alteration, impairment, etc., of certain rights and powers of authorities and rights and remedies of bondholders by state
  The State of Alabama does hereby pledge to and agree with the holders of bonds issued by an authority pursuant to this chapter that the...
• Section 39-7-27 Disposition of moneys of authority
  All moneys of an authority incorporated under this chapter from whatever source derived shall be paid to the treasurer of such authority and deposited by...
• Section 39-7-28 Examinations of accounts and books of authority; copy of examination to be furnished to board of trustees; publication of statement and analysis of financial standing of authority; special audit and examination of books and accounts of authority
  The municipality or, in case of an unincorporated area in one county, the county governing body or, in an unincorporated area in two or more...
• Section 39-7-29 Authorization and procedure for enlarging of services furnished by authority
  The authority shall not include in an enterprise in which it is engaged the furnishing of any services not named in the petition provided for...
• Section 39-7-30 Authorization and procedure for diminishing of services furnished by authority
  The services of the authority shall not be diminished so as to exclude from an enterprise in which the authority is engaged the furnishing of...
• Section 39-7-31 Limitation as to number of special elections for incorporating authority or enlarging or diminishing services furnished by authority
  Not more than one special election shall be held in any territory upon the question of enlarging or diminishing services and not more than two...
• Section 39-7-32 Furnishing of services outside boundaries of municipality by authority
  No improvement authority incorporated under this chapter shall furnish any service to the inhabitants of a city or town other than the municipality, except with...
• Section 39-7-33 Purpose of chapter; chapter exclusive as to franchises, licenses, permits, etc., for authorities
  (a) This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with...
• Section 39-7-34 Provisions of chapter exclusive as to matters covered by chapter
  Any authority incorporated under this chapter insofar as the subject matter of this chapter is concerned shall be governed exclusively by the provisions of this

Last modified: May 3, 2021