(a) After the list of lands and other property with the assessed benefits and the decree and judgment of the court have been filed as provided in Section 9-9-29, the board of water management commissioners shall without unnecessary delay levy a tax of such portion of said benefit on all lands and other property in the district to which benefits have been assessed as may be found necessary by the board of water management commissioners to defray the costs and expenses of the proposed works and improvements as incorporated in the plan of water management, plus 10 percent of said total amount for emergencies. The said tax shall be apportioned to and levied on each tract of land or other property in said district in proportion to the benefits assessed and not in excess of 90 percent thereof; and, in case bonds are issued as provided in this article, then the amount of the interest (as estimated by said board of water management commissioners) which will accrue on said bonds shall be included and added to the said tax, but the interest to accrue on account of the issuing of said bonds shall not be construed as a part of the costs of construction in determining whether or not the expenses and costs of making said improvements are or are not in excess of 90 percent of the benefits assessed.
(b) The board of water management commissioners as soon as said total tax is levied shall, at the expense of the district, prepare a list of all taxes levied in the form of a well-bound book, which book shall be endorsed and named "Water Management Record of _____ Water Management District ______ County (or Counties), Alabama," which endorsement shall also be printed or written at the top of each page in said book, and said tax record shall be signed and certified by the president and secretary of the board of water management commissioners, attested by the seal of the district, and the same shall thereafter become a permanent record in the office of the secretary of the board of water management commissioners, and a copy thereof shall be filed in the court of probate of each of the counties having lands in said district, as the same may affect the land or other property in that county, where the same shall become a permanent record of the court, and for receiving and filing the water management tax record the court of probate shall be allowed a fee of $1.00. The following form shall be sufficient for such a water management tax record:
To the court of probate of ________ County, Alabama
This is to certify that by virtue and authority of the Alabama Water Management Law, the Board of Water Management Commissioners of _____ Water Management District, in which are situated the lands and other property in the County (or Counties) of _____ and State of Alabama, does hereby certify that the tax authorized by said law and the land and other property against which the same is levied are described in the following table, in which table are: 1. The names of the supposed owners of said land and other property. 2. The descriptions of said land and other property opposite the names of the said owners. 3. The amount of such tax levied against each tract of land or piece of property. (Here insert schedule as above including description of land and amount of tax and then complete record with the following). The said tax shall be payable in not to exceed 20 annual installments, the amount of each installment as well as the amount of maintenance tax to be determined and certified to the tax collector of the county, not later than the first Monday in October each year. The aforesaid tax and such maintenance tax as may be levied from time to time shall be a first lien equal in dignity with the lien for state and county taxes upon the land and other property herein and therefore described. Witnessed by the signature of the president of the board of water management commissioners of the said water management district, attested by the seal of said district and by the signature of the secretary of said board of water management commissioners, this _____ day of _____, 2__.
(c) In case the proceeds of the taxes levied as provided in subsection (a) of this section are not sufficient to construct the improvements as described in the plan of water management, then the board of water management commissioners shall make, certify and provide for the collection of such additional taxes as are necessary to complete the improvements; provided, however, that the aggregate of all such levies, exclusive of maintenance taxes and taxes levied for interest on bonds, shall not exceed 90 percent of the total benefits assessed and confirmed.
Structure Code of Alabama
Title 9 - Conservation and Natural Resources.
Chapter 9 - Water Management and Drainage.
Article 1 - Water Management Districts.
Section 9-9-4 - Who May Sign Petitions.
Section 9-9-5 - Establishment of District - Jurisdiction Generally; Purposes.
Section 9-9-8 - Establishment of District - Jurisdiction of Probate Court in Which Petition Filed.
Section 9-9-9 - Establishment of District - Notice of Filing of Petition and of Hearing.
Section 9-9-13 - Establishment of District - Effect of Order Establishing District.
Section 9-9-15 - Board of Water Management Commissioners - Powers and Duties Generally.
Section 9-9-16 - Board of Water Management Commissioners - Election of District Treasurer.
Section 9-9-17 - Board of Water Management Commissioners - Appointment, etc., of Fiscal Agent.
Section 9-9-19 - Compensation of District Officers and Employees.
Section 9-9-20 - Removal of Commissioners, Viewers or Other District Officers.
Section 9-9-21 - Right of Condemnation.
Section 9-9-24 - Procedure as to Proposed Improvement Crossing Railroad Right-of-Way.
Section 9-9-25 - Correction of Errors in or Amendments to Water Management Plan.
Section 9-9-27 - Viewing and Assessment of Lands by Board of Viewers; Report of Findings.
Section 9-9-28 - Notice of Hearing on Report of Board of Viewers.
Section 9-9-30 - Appeal From Confirmation of Board of Viewers' Report.
Section 9-9-33 - Collection of Taxes on Property Divided, Sold or Transferred.
Section 9-9-35 - Payment of Tax to District Treasurer - Required; Records.
Section 9-9-37 - Bonds - Issuance.
Section 9-9-38 - Bonds - Sale; Disposition of Proceeds, Etc.
Section 9-9-39 - Bonds - Payment of Principal and Interest.
Section 9-9-40 - Bonds - Remedies and Proceedings Upon Default.
Section 9-9-41 - Bonds of District Employees, Etc.
Section 9-9-44 - Construction of Improvements Under Water Management Plan - Default of Contractor.
Section 9-9-47 - Construction of Improvements Crossing Railroad Right-of-Way.
Section 9-9-50 - Annexation of Land to District.
Section 9-9-51 - Organization of District Over Lands of Watershed Conservancy District.
Section 9-9-53 - Joint Works of Improvement With Adjoining States.
Section 9-9-54 - Procedure as to Warrants Not Paid Because of Lack of Funds.
Section 9-9-55 - Correction of Errors in Court Proceedings, Etc.