Section 45-47-250 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. The Marion County Public Water Authority, a public corporation organized pursuant to this article. (2) BOARD. The Board of Directors of the Marion County Public Water Authority. (3) […]
Section 45-47-250.01 Legislative intent. This article 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 Marion County Public Water […]
Section 45-47-250.02 Marion County Public Water Authority – Incorporation. (a) Within 45 days after May 4, 1989, three applicants shall be appointed to proceed to incorporate the Marion County Public Water Authority by filing for record in the office of the judge of probate of the county a certificate of incorporation which shall comply in […]
Section 45-47-250.03 Amendment to certificate of incorporation. (a) The certificate of incorporation of the authority incorporated under this article 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 45-47-250.04 Board of directors. (a) The Marion County Public Water 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 three citizens appointed to incorporate the authority and six other […]
Section 45-47-250.05 Powers of authority. (a) The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate name for the duration of time specified in its certificate of incorporation. (2) To sue and be sued in its […]
Section 45-47-250.06 Additional powers and rights. (a) The authority organized or operating pursuant to this article, 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 45-47-250.07 Contracts of the authority. (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 […]
Section 45-47-250.08 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: (1) Pay the […]
Section 45-47-250.09 Planning, development, operation, etc., of services and facilitates. 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, […]
Section 45-47-250.10 Rights-of-way. 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 by Section 220 […]
Section 45-47-250.11 Governmental functions; liability of authority. (a) The furnishing of fire protection facilities in conjunction with the water services by the authority as well as the furnishing of water services are hereby declared to be a governmental function. (b) The authority shall not be liable for any tort, whether negligent or wilful, committed by […]
Section 45-47-250.12 Exemption from taxes, fees, etc. (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 […]
Section 45-47-250.13 Exemption from usury statutes. The authority now or hereafter organized under this article 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 89-465, p. 950, § 14.)
Section 45-47-250.14 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 45-47-250.15 Validity of incorporation. In all cases where there is an attempt to incorporate a public corporation under this article, 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 incorporated, but […]
Section 45-47-250.16 Proceedings, notice, and approval of authority actions. Except as expressly otherwise provided in this article, 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 any […]
Section 45-47-250.17 Auditing. The Marion County Public Water Authority shall be audited similar to and in accordance with any audit required to be performed upon the Marion County Commission and the operations of the County of Marion. (Act 89-465, p. 950, § 18.)
