The official charged with the duty of collecting assessments shall be required to give bond, including the amount of any official bond which may have been required of him by law, equal to not less than five percent of the total amount in the said sinking funds provided for in Section 11-88-106 and the said bond shall be increased and may be diminished from time to time in order to comply with this provision. The cost of the said increased bond shall be paid by the authority.
The said official shall be liable on his official bond to any holder of the bonds authorized to be issued under this article for any loss or injury to such holder caused by the diversion by the said officer of any fund or part thereof to the payment of any indebtedness of the authority other than the bonds and interest coupons issued under this article and indebtedness authorized by this article to be paid out of the said fund or caused by the use or misappropriation by the said officer of any part of the funds out of which the said bonds and coupons are to be paid for any other purpose than as provided for in this article or for the benefit of the authority or others. All members of the board who shall, by their vote or in any other manner, cause, aid, or encourage any such diversion, use, or misappropriation of the funds out of which the bondholders are entitled to be paid for any other purposes than those authorized and required in this article, whereby loss or injury to the bondholders or any of them is caused, shall be jointly and severally liable to such bondholders injured to the extent of such loss or injury.
Any failure by any of the above officials to keep all funds collected from assessments in sinking funds in the bank or banks as provided in this article or to retire bonds when due out of such funds when available shall be construed as a diversion or misappropriation and any bond holder of a bond in the series affected may at any time institute a civil action against the said official or officials in any court of competent jurisdiction for the satisfaction of such loss and injury.
Structure 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.
Section 11-88-40 - Definitions.
Section 11-88-42 - Powers of Authorities Generally.
Section 11-88-48 - Supervision of Work.
Section 11-88-49 - Acceptance or Rejection of Work.
Section 11-88-50 - Payment of Cost of Improvement by Board; Specification of Cost of Improvement.
Section 11-88-52 - Manner of Assessment Generally; Limitation as to Amount of Assessment.
Section 11-88-53 - Preparation of List of Property Owners Proposed to Be Assessed for Improvement.
Section 11-88-54 - Entry of List in Assessment Book of Improvements; Contents and Status Thereof.
Section 11-88-55 - Publication of Notice as to Assessment Book.
Section 11-88-57 - Hearing of Objections and Defenses to Proposed Assessments by Board Generally.
Section 11-88-58 - Subpoena, etc., of Witnesses by Board.
Section 11-88-59 - Board to Hear and Pass Upon Objections to Proposed Assessments.
Section 11-88-62 - Reduction or Abatement of Assessments by Board.
Section 11-88-63 - Transfer and Assignment of Liens by Authorities.
Section 11-88-67 - Appeal From Assessments to Circuit Court - Authorization and Procedure Generally.
Section 11-88-69 - Appeal From Assessments to Circuit Court - Entry of Appeal on Trial Docket.
Section 11-88-77 - Appeal From Judgment of Circuit Court to Supreme Court - by Authority.
Section 11-88-79 - Manner of Payment of Assessments Generally.
Section 11-88-81 - Defaulting Property Owner May Pay Assessment, etc., Prior to Sale.
Section 11-88-82 - Cost of Advertisement and Sale to Constitute Charge Against Property to Be Sold.
Section 11-88-85 - Redemption of Property After Sale - Authorization and Procedure Generally.
Section 11-88-86 - Redemption of Property After Sale - Extension of Redemption Period.
Section 11-88-90 - Redemption of Property After Sale - Redemption During Extended Redemption Period.
Section 11-88-92 - Issuance of Bonds by Authority After Completion of Work on Improvement.
Section 11-88-93 - Consolidation of Improvements for Issuance of Bonds.
Section 11-88-95 - Notice of and Sale or Exchange of Bonds.
Section 11-88-96 - Determination of Highest Bidder for Bonds.
Section 11-88-97 - Disposition of Proceeds From Sale of Bonds.
Section 11-88-100 - Exemption From Taxation of Bonds, Notes, Etc.
Section 11-88-101 - Replacement of Lost, Mutilated, or Destroyed Bonds.
Section 11-88-108 - Redemption of Bonds.