Section 45-38-141 Definitions. When used in this part, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) AUTHORITY. The Lamar County Water Coordinating and Fire Prevention Authority, a public corporation organized pursuant to this part. (2) BOARD. The Board of Directors of the Lamar County Water […]
Section 45-38-141.01 Legislative intent. This part is intended to aid the state and county in the execution of its duties by providing an appropriate and independent instrumentality of the state and of the county with full and adequate powers to fulfill its functions. It is the further legislative intent that the Lamar County Water Coordinating […]
Section 45-38-141.02 Incorporation of authority. (a) Within 45 days after May 4, 1989, or the passage and approval of a constitutional amendment authorizing the creation of the authority, three applicants shall be appointed to proceed to incorporate the Lamar County Water Coordinating and Fire Prevention Authority by filing for record in the office of the […]
Section 45-38-141.03 Amendment of certificate of incorporation. (a) The certificate of incorporation of the authority incorporated under this part may at any time and from time to time be amended in the manner provided in this section. (b)(1) The board of directors of the authority shall first adopt a resolution proposing an amendment to the […]
Section 45-38-141.04 Board of directors. (a) The Lamar County Water Coordinating and Fire Prevention Authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization. (b) The initial board of directors shall consist of the three citizens appointed to incorporate the […]
Section 45-38-141.05 Powers of authority; rates and charges. (a) The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate name for the duration of time specified in its certificate of incorporation. (2) To sue and be […]
Section 45-38-141.06 Financial powers and rights. (a) The authority organized or operating pursuant to this part, in addition to all other powers now or hereafter granted by law, shall have the following powers and rights: (1) To borrow money for use for any of its corporate purposes. (2) To sell, transfer, convey, grant options to […]
Section 45-38-141.07 Power to contract. (a) As security for payment of the principal of and interest on bonds or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and maintenance of any water […]
Section 45-38-141.08 Rates, fees, and charges. Rates, fees, and charges for water service and fire protection service rendered by the authority from any of its water systems or fire protection facilities shall be so fixed and from time to time revised as at all times to provide funds at least sufficient to do all of […]
Section 45-38-141.09 Assistance from state bodies. For the purpose of securing water service and fire protection facilities or aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, operation, or protection of water systems and fire protection facilities, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of […]
Section 45-38-141.10 Use of public roads. The authority is hereby authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or of its agencies or departments or the county commission of any county and subject only to the necessity of obtaining the municipal consent required […]
Section 45-38-141.12 Exemption from taxation. (a) The authority, the property and income of the authority, the income from bonds, conveyances by or to the authority, and leases, mortgages, and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. (b) The authority shall not be obligated […]
Section 45-38-141.13 Exemption from usury statutes. The authority now or hereafter organized under this part is hereby exempted from the laws of the State of Alabama governing usury and prescribing or limiting interest rates, including, without limitation, Chapter 8 of Title 8. (Act 89-472, p. 975, §14.)
Section 45-38-141.14 Dissolution of authority. At any time when no bonds or obligations theretofore assumed by the authority are outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of the resolution in the […]
Section 45-38-141.15 Validity of certificate of incorporation. In all cases where there is an attempt to incorporate a public corporation under this part, and a certificate of incorporation with respect to such corporation has been filed in the office of the judge of probate of the county in which such corporation was sought to be […]
Section 45-38-141.16 Notice requirements, etc.; regulatory control and supervision. (a) Except as expressly otherwise provided in this part, no proceeding, notice, or approval shall be required for the incorporation of the authority or the amendment of its certificate of incorporation, the acquisition of any property, water system, or fire protection facility, or the issuance of […]
Section 45-38-141.17 Auditing. The Lamar County Water Coordinating and Fire Prevention Authority shall be audited similar to and in accordance with any audit required to be performed upon the Lamar County Commission and the operations of the County of Lamar. (Act 89-472, p. 975, §18.)
