Code of Alabama
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. A natural person who files a written application with the governing body of any county in accordance with the provisions of Section 11-88-3.
(2) AUTHORITY. A public corporation organized pursuant to the provisions of this article.
(3) BOARD. The board of directors of an authority.
(4) BONDS. Bonds, notes, and certificates representing an obligation to pay money.
(5) CONCISE LEGAL DESCRIPTION. A reasonably concise description of a particular geographic area which may be by metes and bounds or by reference to government surveys, recorded maps and plats, municipal, county, or state boundary lines, well-defined landmarks and other monuments, or any combination of the foregoing.
(6) COUNTY. Any county in the state.
(7) DETERMINING COUNTY. Any county the governing body of which shall have made findings and determinations of fact in accordance with the provisions of Section 11-88-3.
(8) DIRECTOR. A member of the board of directors of the authority.
(9) FIRE PROTECTION FACILITY. Land, plants, systems, facilities, buildings, fire engines, fire hydrants, ladders, equipment, hoses, alarm apparatus, chemicals, uniforms, supplies, or any combination of any thereof used or useful or capable of future use in furnishing fire protection service and all other property deemed necessary or desirable by the authority for use in furnishing fire protection service.
(10) FIRE PROTECTION SERVICE. All services involved in protecting property and life from fires, including but not limited to discovering, ascertaining, extinguishing, preventing the spread of or fighting fires, or inspecting property for fire hazards, or any part or combination thereof. The supplying of water for use in the rendition of fire protection service shall be deemed to constitute fire protection service. The searching for, testing for, or drilling for water, the installation of necessary access ways, electric, gas, sewer, telephone, and water lines to, from, and for, the construction of buildings and accessory structures used for, and the operation and maintenance of, and pumping water from a well, a spring, a creek, a river or tributary thereof, a reservoir, or a tank by a public corporation organized under the provisions of this chapter which has as one of its stated purposes, within its certificate of incorporation or a duly adopted amendment thereto, the rendering of fire protection services shall be deemed to constitute fire protection service. Anything herein to the contrary notwithstanding, no provision of this definition shall apply to any public corporation organized under this chapter which does not specifically have as one of its stated purposes, within its certificate of incorporation or a duly adopted amendment thereto, the rendering of fire protection services.
(11) GOVERNING BODY. The county commission of a county.
(12) INCORPORATORS. The persons forming a public corporation organized pursuant to the provisions of this article.
(13) MUNICIPALITY. An incorporated city or town of the state.
(14) NEW TERRITORY. Any territory added, by amendment to the certificate of incorporation of an authority, to the area or areas in which that authority is authorized to render water service, fire protection service, sewer service or any thereof.
(15) PERSON. Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state or of a county or municipality.
(16) PROPERTY. Real and personal property and interests therein.
(17) PUBLIC FIRE PROTECTION FACILITY. A fire protection facility which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest.
(18) PUBLIC SEWER SYSTEM. A sewer system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest.
(19) PUBLIC WATER SYSTEM. A water system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest.
(20) SERVICE AREA. The geographic area or areas in which an authority is authorized by its certificate of incorporation or any amendment thereto to render water service, fire protection service, sewer service or any thereof, which area may include not only territory located outside the boundaries of any municipality but also territory located within the boundaries of one or more municipalities.
(21) SEWER SERVICE. All services involved in collecting, transporting, treating, and disposing of sanitary sewage and the performing of all functions and activities reasonably incident to the operation of a sewer system.
(22) SEWER SYSTEM. A sanitary sewer system, including mains, laterals, sewage disposal plants, and sewage treatment plants and all appurtenances to such a system and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering sewer services.
(23) STATE. The State of Alabama.
(24) WATER SERVICE. The providing, furnishing, supplying, or distributing of water and the performing of all of the functions and activities reasonably incident to the operation of a water system, including the provision of water to a fire protection authority to be used in the rendition of fire protection service. The searching for, testing for, drilling for, installation of necessary access ways, electric, gas, sewer, telephone, and water lines to, from, and for the construction, operation, and maintenance of buildings and accessory structures used for pumping from a well, a spring, a creek, a river or tributary thereof, a reservoir, or a tank by a public corporation organized under the provisions of this chapter shall be deemed to be an authorized function of water service, but shall not exclusively constitute water service.
(25) WATER SYSTEM. Land, plants, systems, facilities, buildings, and other property, or any combination of any thereof, which are used or useful or capable of future use in providing, furnishing, supplying, or distributing water, including but not limited to water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, meters, valves, and all necessary appurtenances and equipment, and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering water service.

Structure Code of Alabama

Code of Alabama

Title 11 - Counties and Municipal Corporations.

Title 3 - Provisions Applicable to Counties and Municipal Corporations.

Chapter 88 - Water, Sewer and Fire Protection Authorities.

Article 1 - General Provisions.

Section 11-88-1 - Definitions.

Section 11-88-2 - Purpose of Article.

Section 11-88-3 - Filing of Application for Incorporation of Authority; Adoption of Resolution Approving or Denying Application by County Governing Body.

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...

Section 11-88-5 - Authorization and Procedure for Amendment of Certificate of Incorporation.

Section 11-88-5.1 - Ratification of Amendment.

Section 11-88-6 - Board of Directors.

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...

Section 11-88-7.1 - Additional Powers.

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...

Section 11-88-9 - Bonds of Authority - Contracts to Secure Payment of Principal and Interest.

Section 11-88-10 - Bonds of Authority - Statutory Mortgage Lien to Secure Payment of Principal and Interest.

Section 11-88-11 - Bonds of Authority - Disposition of Proceeds From Sale of Bonds.

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.

Section 11-88-13 - Loans, Sales, Grants, etc., of Money, Property, etc., to Authority by Counties, Municipalities, Public Corporations, Etc.

Section 11-88-14 - Use by Authority of Public Roads Rights-of-Way.

Section 11-88-15 - Furnishing of Fire Protection Service by Authority Declared Governmental Function; Immunity From Tort Liability of Authority.

Section 11-88-15.1 - Soliciting Contributions for Local Volunteer Fire Departments; Monthly Usage Estimates.

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.

Section 11-88-17 - Exemption of Authority From Usury Laws, Etc.

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.

Section 11-88-19 - Existence of Authority Not to Prevent Subsequent Incorporation, etc., of Another Authority.

Section 11-88-20 - Validation of Prior Defective Incorporations Under Provisions of Article.

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.