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Article 1 - General Provisions.
Section 11-88-1 - Definitions. - When used in this article, the following words and phrases...
Section 11-88-2 - Purpose of Article. - This article is intended to aid the state in the...
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,...
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 Certific... - (a) Within 40 days following the adoption of a resolution...
Section 11-88-5 - Authorization and Procedure for Amendment of Certificate of Incorporation. - (a) The certificate of incorporation of any authority incorporated under...
Section 11-88-5.1 - Ratification of Amendment. - Any action heretofore taken and approved by a majority vote...
Section 11-88-6 - Board of Directors. - (a) Each authority shall be governed by a board of...
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 S... - (a) The authority shall have the following powers, together with...
Section 11-88-7.1 - Additional Powers. - (a) Any authority organized or operating pursuant to Chapter 88...
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... - All bonds issued by the authority shall be signed by...
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...
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...
Section 11-88-11 - Bonds of Authority - Disposition of Proceeds From Sale of Bonds. - All moneys derived from the sale of any bonds issued...
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,...
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...
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...
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...
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...
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...
Section 11-88-17 - Exemption of Authority From Usury Laws, Etc. - Each authority now or hereafter organized under the provisions of...
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...
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...
Section 11-88-20 - Validation of Prior Defective Incorporations Under Provisions of Article. - In all cases where there has heretofore been an attempt...
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...
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...
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...
Section 11-88-42 - Powers of Authorities Generally. - Any authority authorized pursuant to this article may design or...
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...
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...
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...
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...
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...
Section 11-88-48 - Supervision of Work. - All work done or improvements made under the provisions of...
Section 11-88-49 - Acceptance or Rejection of Work. - In case of any controversy of dispute, the board shall...
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...
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...
Section 11-88-52 - Manner of Assessment Generally; Limitation as to Amount of Assessment. - The cost of any part of such improvement may be...
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...
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...
Section 11-88-55 - Publication of Notice as to Assessment Book. - After the completion of the proper entries of each improvement,...
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...
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...
Section 11-88-58 - Subpoena, etc., of Witnesses by Board. - The board, by the secretary or its executive officer, may...
Section 11-88-59 - Board to Hear and Pass Upon Objections to Proposed Assessments. - The board shall hear and pass upon all such objections...
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...
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...
Section 11-88-62 - Reduction or Abatement of Assessments by Board. - The board shall have the power to reduce or abate...
Section 11-88-63 - Transfer and Assignment of Liens by Authorities. - An authority may transfer and assign such liens to the...
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...
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...
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...
Section 11-88-67 - Appeal From Assessments to Circuit Court - Authorization and Procedure Generally. - Any person aggrieved by the decision in making any assessment...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
Section 11-88-79 - Manner of Payment of Assessments Generally. - The authority, in ordering any improvement the cost of which...
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...
Section 11-88-81 - Defaulting Property Owner May Pay Assessment, etc., Prior to Sale. - Any property owner, notwithstanding his default, may pay the assessment...
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...
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...
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...
Section 11-88-85 - Redemption of Property After Sale - Authorization and Procedure Generally. - Any real property sold for the satisfaction of an assessment...
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...
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...
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 L... - At the time of application for entry of such certificate...
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...
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...
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...
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...
Section 11-88-93 - Consolidation of Improvements for Issuance of Bonds. - Any authority desiring to issue bonds under this article shall...
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...
Section 11-88-95 - Notice of and Sale or Exchange of Bonds. - All bonds issued under this article, except bonds issued to...
Section 11-88-96 - Determination of Highest Bidder for Bonds. - In determining the highest bidder for bonds offered for public...
Section 11-88-97 - Disposition of Proceeds From Sale of Bonds. - The principal proceeds received in the sale of any bonds...
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...
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...
Section 11-88-100 - Exemption From Taxation of Bonds, Notes, Etc. - All notes, interest thereon, bonds and interest coupons attached to...
Section 11-88-101 - Replacement of Lost, Mutilated, or Destroyed Bonds. - Whenever it shall be made to appear to the board...
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...
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...
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,...
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...
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, E... - The official charged with the duty of collecting assessments shall...
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...
Section 11-88-108 - Redemption of Bonds. - At a time when the amount of any particular fund...
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...
Section 11-88-110 - Acquisition of Lands by Authority. - Whenever in the judgment of the board it may be...
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...
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...
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...
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 Truste... - (a) In the event that the board of water and...
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 an... - In the event that the board of water and sewer...
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...
Section 11-88-135 - Applicability of Article; Vote of Consent; Notice and Hearing. - The provisions of this article shall not apply in the...
Article 4
Section 11-88-150 - Use of Public Funds to Repair or Replace Private Sewer Laterals. - (a) The Legislature finds and declares all of the following:...