Alabama Codes

Title 11 - Counties And Municipal Corporations

Title 1 - 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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, ...
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, ...
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. ...
Section 11-80-11 Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General
(a) No county or municipal corporation, instrumentality, or political subdivision thereof, by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, ...
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 ...
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 ...

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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...

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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
Section 11-81-93 Bonds for refunding of bonds outstanding or installments on serial bonds outstanding - Authority for issuance
The county commission of any county having bonds outstanding may, without an election, issue bonds of the county for the purpose of refunding such ...
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 ...
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, ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

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. ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...

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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

Article 7 Validation of Bonds Prior to Issuance.

Section 11-81-220 Definitions
As used in this article, the following words and phrases shall have the following meanings respectively, unless the context clearly indicates otherwise: (1) UNIT. ...
Section 11-81-221 Filing of complaint for determination as to legality of proposed issuance of obligations
When any unit desiring to issue any obligations shall, by its governing body, adopt any resolution or take any other action required by law ...
Section 11-81-222 Contents of complaint; order and notice of hearing to show cause why obligations not valid
(a) The complaint by appropriate allegations, references or exhibits shall briefly state the following: the authority for issuing such obligations; the resolution or resolutions ...
Section 11-81-223 Hearing and entry of judgment; appeals from judgment of circuit court
At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of ...
Section 11-81-224 When judgment of circuit court final and conclusive as to validity of obligations, etc
If the circuit court shall enter a judgment validating and confirming the issuance of the obligations and no appeal shall be taken within the ...
Section 11-81-225 Legend to appear on validated obligations
Obligations validated under the provisions of this article shall have stamped or written thereon by the proper officers of such unit the words: "Validated ...
Section 11-81-226 Costs of proceedings
The costs in any proceeding under this article shall be paid by the unit issuing such obligations. ...
Section 11-81-227 Article not applicable where validity of obligations in controversy in pending actions or proceedings
No action shall be taken under this article for the validation of obligations of a unit in any case where the validity of such ...

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 ...
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 ...
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 ...
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, ...
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 ...
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 ...

Chapter 82 REDEMPTION OF SECURITIES.

Section 11-82-1 Definitions
As used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) SECURITIES. ...
Section 11-82-2 Retention of option to redeem - Generally
Any county or municipality in this state which may hereafter issue securities may, if such action shall be deemed advisable by the governing body ...
Section 11-82-3 Retention of option to redeem - Securities maturing more than 10 years after date
Any county or municipality in this state which may hereafter issue securities having a stated maturity more than 10 years after the date thereof ...
Section 11-82-4 Limitation on redemption prices
The price or prices at which any redemption whatsoever shall be made shall not exceed the par value of the securities with respect to ...
Section 11-82-5 Option to redeem to be provided in proceedings for issuance of securities
Nothing contained in this chapter shall be construed to confer on any county or municipality any right or option to redeem any securities heretofore ...
Section 11-82-6 Applicability of provisions of chapter
The provisions of Sections 11-82-3 and 11-82-4 shall not apply, however, to any securities which have been authorized to be issued by any county ...
Section 11-82-7 Validation of certain proceedings
All proceedings heretofore taken or adopted pursuant to which securities have heretofore been issued or are authorized to be issued hereafter by any county ...

Chapter 83 APPORTIONMENT OF ROAD AND BRIDGE TAXES BETWEEN COUNTIES AND MUNICIPALITIES.

Section 11-83-1 Maintenance of municipal streets declared county matter
The maintenance of streets of municipalities in the State of Alabama is declared to be a county matter. ...
Section 11-83-2 One half of road tax, etc., collected in county to be paid to municipalities therein
The county commission, where there is levied a road tax, general or special, or where by the tax levy a portion of the tax ...
Section 11-83-3 Taxes paid over to municipalities to be used exclusively for maintenance of streets
Such sums when paid over to the municipalities shall be used exclusively for maintaining the streets in the corporate limits of such municipality, but ...

Chapter 84 ACQUISITION AND ADMINISTRATION OF FOREST LANDS.

Section 11-84-1 Authorized
Each of the several counties, cities and towns in the State of Alabama, acting through its county commission, council or other governing body, is ...
Section 11-84-2 Provision of seedlings, transplants, technical assistance, etc
The State Forestry Commission is hereby authorized and it shall have the power to supply from its forest tree nursery or nurseries such forest ...

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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

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 ...
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 ...
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 ...
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 ...
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 ...

Article 3 Comprehensive Advisory Planning and Research by Municipal, County, Regional, etc., Planning Commissions, etc.

Section 11-85-40 Powers of Alabama Development Office and local, regional and joint planning commissions as to comprehensive advisory planning and research; comprehensive advisory planning defined
(a) To facilitate the solution of urban and regional planning problems and to provide for comprehensive advisory planning, including transportation planning, for the state ...

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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...

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, ...
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 ...
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 ...
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 ...

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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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. ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

Chapter 87 AMBULANCE SERVICE.

Section 11-87-1 Creation, establishment, etc., authorized; promulgation of rules and regulations; joint operation
The governing body of any county or the governing body of any municipality within such county is hereby authorized to create and establish, maintain ...
Section 11-87-2 Appropriations
The governing body of any county or the governing body of any municipality may appropriate public funds to aid in or to pay for ...
Section 11-87-3 Contracts for services
The governing body of any county or the governing body of any municipality may enter into contracts to provide such ambulance service and may ...
Section 11-87-4 Fees
The governing body of any county and the governing body of any municipality may fix and establish fees for such ambulance service; provided, that ...
Section 11-87-5 Chapter cumulative
The provisions of this chapter are cumulative and in addition to any authority heretofore granted or authorized to any county or any municipality or ...

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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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) ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

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 ...
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, ...
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 ...
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, ...
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, ...
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 ...

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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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) ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 property and income of the district, all bonds issued by the district, the income from such bonds, conveyances by or to the district ...
Section 11-89-17 Authorization and procedure for dissolution of district; vesting of title to properties of district and apportionment thereof upon dissolution of district
At any time when the district has no bonds or other obligations outstanding, the board may adopt a resolution, which shall be duly entered ...
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 ...
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 ...

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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...

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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...

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 ...
Section 11-89C-2 Definitions
As used in this chapter, the following words and phrases shall have the following meanings: (1) GOVERNING BODY. The governing bodies of all Class ...
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 ...
Section 11-89C-4 Powers of public corporation; requirements for development or adoption of rules, procedures, ordinances, etc
(a) Any public corporation created pursuant to this chapter shall have the following powers: (1) To establish, maintain, and operate an organizational structure pursuant ...
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 ...
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 ...
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, ...
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 ...
Section 11-89C-9 Powers of governing bodies
(a) A governing body may proceed under this chapter as a participant in the public corporation or individually, to adopt upon reasonable public notice ...
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 ...
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 ...
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 ...
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 ...

Chapter 90 FREE PUBLIC LIBRARIES.

Section 11-90-1 Powers of counties and municipalities as to establishment and maintenance of free public libraries generally
The county commissions of the counties of this state and municipalities, through their governing bodies, may establish and maintain or aid in establishing and ...
Section 11-90-2 Library boards - Composition; appointment and terms of members; vacancies in office
The government and supervision of such libraries shall be vested in a library board consisting of five members who shall be appointed by the ...
Section 11-90-3 Library boards - Powers and duties
(a) The library board shall have full power and authority to: (1) Control the expenditure of all funds received or appropriated for such libraries; ...
Section 11-90-4 Establishment and maintenance of joint library service
In lieu of establishing or maintaining free public libraries exclusively for a single county or municipality in the manner provided

Resources

Alabama Codes

Title 11 - Counties And Municipal Corporations

Title 1 - Provisions Applicable To Counties And Municipal Corporations