Search is not available for this dataset
url
stringlengths 42
388
| state
stringclasses 51
values | path
stringlengths 83
10.4k
| title
stringlengths 34
2.24k
| content
stringlengths 0
2.39M
|
|---|---|---|---|---|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 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.
|
2023 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 9-9-4
Who may sign petitions.
All petitions provided for under this article may be signed by women, whether married or single, provided they own land in the proposed district; guardians may sign for their wards, and trustees, executors and administrators may sign for the estates represented by them; and, if the signature of any corporation is attested by its corporate seal, the same shall be sufficient evidence of the assent of the corporation.
(Acts 1965, No. 685, p. 1246, §50.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-5 - Establishment of District - Jurisdiction Generally; Purposes.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-5 - Establishment of District - Jurisdiction Generally; Purposes.
|
Section 9-9-5
Establishment of district - Jurisdiction generally; purposes.
(a) The court of probate of any county of the State of Alabama shall have jurisdiction, power and authority to establish water management districts, as provided in this article for the following purposes:
(1) To locate and establish levees, drains or canals and to cause to be constructed, straightened, widened or deepened any ditch, drain or watercourse;
(2) To construct for the purposes of flood prevention or the conservation, development, utilization or disposal of water works of improvement, including levees, embankments, floodwater retarding structures, water storage structures, outlets and tide gates, flood gates and pumping plants for preventing floods, providing drainage, reducing sediment and reclaiming wet, swamp or overflowed lands and other related works of improvement that will carry out the purposes of this article; and
(3) To provide maintenance for such installations.
(b) It is hereby declared that the drainage of surface water and the reclamation of wetlands, swamplands, overflowed lands and tidal marshes and flood prevention and the conservation, development, utilization and disposal of water shall be considered a public benefit and conducive to the public health, safety, convenience, utility and welfare.
(Acts 1965, No. 685, p. 1246, §3.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-6 - Establishment of District - Maintenance of Record of Proceedings in Probate Court; D...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-6 - Establishment of District - Maintenance of Record of Proceedings in Probate Court; District Record Book.
|
Section 9-9-6
Establishment of district - Maintenance of record of proceedings in probate court; district record book.
The court of probate shall keep a complete record of all its proceedings under this article in a book to be used for the purpose only. The book shall be designated as the "Water Management District Record of _____ County, Alabama" and shall also have recorded therein all bond orders, papers, proofs of publications and auditors' and water management commissioner's (hereinafter referred to as water management commissioners) reports, bonds and plats filed in any district proceedings in the probate court of that county, except the district tax record and the district tax books.
(Acts 1965, No. 685, p. 1246, §4.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-7/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-7 - Establishment of District - Filing of Petition for Organization of District; Appoint...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-7 - Establishment of District - Filing of Petition for Organization of District; Appointment, etc., of Engineer; Report of Engineer.
|
Section 9-9-7
Establishment of district - Filing of petition for organization of district; appointment, etc., of engineer; report of engineer.
(a) Whenever a petition praying for the organization of a water management district and signed by a majority of the landowners owning more than one third of the land in acreage in a proposed district or by at least one third of the persons owning more than one half of the land in the proposed district shall be filed with the court of probate of such county in which such lands are located or, if such lands are composed of tracts or parcels situated in two or more counties, then in the office of the court of probate of the county in which there is situated more of said lands than in any other county, said petition setting forth the specific body or district of land in the county or county and adjoining counties described in such a way as to convey an intelligent idea as to location of such land and stating that the public benefit or utility or the public health, convenience or welfare will be promoted by drainage, ditching or leveeing, or by changing or improving the natural watercourses, or by the installation of tile systems, pumping plants, tide gates or any other method of drainage or flood prevention or the conservation, development, utilization and disposal of water, it shall be the duty of the court of probate forthwith to appoint a competent civil or agricultural engineer experienced in water management engineering; provided, that whenever the owners of a majority in acres of the land comprising the district petition the court for the appointment of any person qualified under this article to act as engineer, it shall be the duty of the court to appoint such engineer. The court shall determine the rate of compensation to be paid the engineer for preliminary surveys and report and shall provide funds for payment of engineering and other expenses incidental to the proceedings as provided in this article.
(b) The engineer so appointed shall, after making the necessary examination and survey, report to the court:
(1) The boundaries of the proposed district, which shall be that part of the watershed area but in no event less than the floodplain area, which will be benefited by the proposed works of improvement if such works of improvement include works other than or in addition to drainage works, or the area benefited by the drainage improvements if the contemplated works of improvement are for drainage purposes only;
(2) A description of the area that in the opinion of the engineer will be benefited, according to legal or recognized subdivisions;
(3) Whether such work will be conducive to the public health, safety, convenience or welfare;
(4) A general outline of the plan to accomplish the desired water management;
(5) A map showing the territory that should be included in said district and, in a general way, the location and nature of the tentative improvements proposed; and
(6) A tentative estimate of the cost of the proposed improvements.
(c) No landowner having signed the petition for the installation of works of improvement under this article shall have his name stricken from such petition without the written consent of the owners of a majority of the acreage owned by those signing said petition.
(Acts 1965, No. 685, p. 1246, §5; Acts 1969, No. 442, p. 883, §1.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-8/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-8 - Establishment of District - Jurisdiction of Probate Court in Which Petition Filed.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-8 - Establishment of District - Jurisdiction of Probate Court in Which Petition Filed.
|
Section 9-9-8
Establishment of district - Jurisdiction of probate court in which petition filed.
The court of probate of the county in which said petition is filed shall thereafter maintain and have original and exclusive jurisdiction coextensive with the boundaries and limits of said district without regard to county lines for all purposes of this article; subject, however, to the right of appeal to the circuit court of the county in which the petition is filed.
(Acts 1965, No. 685, p. 1246, §7.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-9/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-9 - Establishment of District - Notice of Filing of Petition and of Hearing.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-9 - Establishment of District - Notice of Filing of Petition and of Hearing.
|
Section 9-9-9
Establishment of district - Notice of filing of petition and of hearing.
Immediately upon the filing of the report of the engineer or other plans submitted by petitioner, it shall be the duty of the court of probate to forthwith give notice thereof by personal service or by causing publication to be made as hereinafter defined; and, in the event notice is given by publication, the following form shall suffice:
"Notice of Petition for the Organization of a Water Management District. Notice is hereby given to all persons interested in the following described lands in _____ County, State of Alabama (here describe the lands as set out in the preliminary survey or other plans on file with this court) that a petition has been filed with this court signed by a majority of the persons owning at least one third of the land or by at least one third of the persons owning more than one half of the aforementioned land, asking that the aforementioned and described lands be organized into a water management district under the provisions of the Alabama Water Management Law and that some of the lands above described will be affected by the formation of said district and may be rendered liable to taxation for the purpose of procuring land rights constructing, operating and maintaining the works of improvements that may be found necessary in said district, and you and each of you are hereby notified to appear at a term of the court of probate to be held on the _____ day of _____, 2__, at __ o'clock in _____ County, and to show cause, if any there be, why the aforementioned and described lands should not be organized as a water management district _____ Probate Judge of _____ County."
A copy of such notice shall be mailed to the commissioners by the probate judge.
(Acts 1965, No. 685, p. 1246, §6.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-10/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-10 - Establishment of District - Presentation of Opinion by Representative of State Comm...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-10 - Establishment of District - Presentation of Opinion by Representative of State Committee.
|
Section 9-9-10
Establishment of district - Presentation of opinion by representative of state committee.
On the day appointed for the hearing, a representative of the State Soil and Water Conservation Committee may appear and by verbal or written statement advise the court of his opinion of the need of establishing the proposed water management district.
(Acts 1965, No. 685, p. 1246, §8.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-11/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-11 - Establishment of District - Filing of Objections to Organization of District; Heari...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-11 - Establishment of District - Filing of Objections to Organization of District; Hearing and Proceedings Upon Petition and Objections; Issuance of Order Declaring Organization of District; Dismissal of Petition and Issuance of Itemized Bill of Costs and Expenses.
|
Section 9-9-11
Establishment of district - Filing of objections to organization of district; hearing and proceedings upon petition and objections; issuance of order declaring organization of district; dismissal of petition and issuance of itemized bill of costs and expenses.
(a) Any owner of real property affected by said proposed district who wishes to object to the organization and incorporation of said district shall, on or before 12:00 noon of the day set for the causes to be heard, file his objection in writing stating why such district should not be organized and incorporated. On the day appointed for the hearing, the court shall hear and determine in a summary manner any objection that may be offered to the sufficiency of the petition or to the report of the engineer or plan submitted by petitioners. If it appears that there is any land within the proposed district that is not in the watershed, if the proposed plan includes purposes other than drainage or is not in the benefited area if the proposed plan includes only the drainage purpose, such lands shall be excluded. If it shall be shown that there is any land without the proposed district that is in the floodplain or elsewhere in the watershed and will be benefited by the proposed works of improvement if the proposed plan includes purposes other than drainage, or is in the benefited area if the proposed plan includes only the drainage purpose, the boundaries of the district may be so changed as to include such lands, and such owners of additional lands shall be made parties to the proceedings; and such notice to the owners of such additional lands shall be given by publication as provided in this article, or by personal service, and the hearing shall be continued to a date to be fixed by the court, upon which date the objections, if any, that are filed to the inclusion of additional lands shall be adjudicated, and such additional lands as may be adjudged in the benefited area shall thereupon be included within the proposed district.
(b) If it further appears that the purpose of this article would be subserved by the creation of the proposed water management district, the court shall, after disposing of objections as justice and equity require, by its findings duly entered of record, adjudicate all questions of jurisdiction and declare the district organized as a body corporate, giving it a corporate name by which in all proceedings it shall thereafter be known with all the powers of a public corporation, with the powers to sue and to be sued, to incur debts, liabilities and obligations, to exercise the powers of eminent domain for the purpose of securing adequate outlets, floodwater-retarding structure sites and such other rights-of-way as may be necessary within and without the district to carry out the intentions of this article and the right of assessment as provided in this article, to issue bonds and to do and perform all acts expressly authorized and all acts necessary and proper for the carrying out of the purpose for which the district was created and for executing the powers with which it is invested.
(c) If the court at the final hearing shall find against the sufficiency of the petition or the improvement, it shall dismiss the petition and proceedings at the cost of the petitioners and shall issue an itemized bill of all costs and expenses, which itemized statements of costs and expenses shall have the full force and effect of a judgment and constitute a lien upon the lands of the petitioners within said proposed district, which liens shall be of equal dignity with the lien for general state, county, city, village, school and road taxes, and the court shall forthwith order the levying and collection of a uniform acreage tax on all of the lands included in the petition owned by the petitioners for organization to meet the expenses incurred, and such tax shall be due and payable as soon as levied; and, if not paid by December 31 of the year in which it is levied, the same shall become delinquent and shall be turned over to the tax collector of the county in which the lands are located for collection, and the collection of such taxes shall be proceeded with in the same manner as delinquent general state and county taxes.
(Acts 1965, No. 685, p. 1246, §9; Acts 1969, No. 442, p. 883, §9.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-12/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-12 - Establishment of District - Appeal as to Inclusion in or Exclusion From District of...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-12 - Establishment of District - Appeal as to Inclusion in or Exclusion From District of Property.
|
Section 9-9-12
Establishment of district - Appeal as to inclusion in or exclusion from district of property.
If the court finds that any property set out in the report of the engineer or other plans submitted by petitioners should not be incorporated in the district, the board of commissioners or any owner of realty in the district may, within 20 days after the refusal of the court of probate to include said property in the district, appeal from the order of the court to the circuit court upon giving bond in a sum to be fixed by the court, conditioned for the payment of costs if the appeal should be decided against said appellant. Any person owning lands within the district that, in his opinion, should not be included in the district may, within 20 days, appeal from the decision of the court to the circuit court by filing an appeal accompanied by a bond approved by the court, conditioned for the payment of the cost if the appeal should be decided against him.
(Acts 1965, No. 685, p. 1246, §13.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-13/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-13 - Establishment of District - Effect of Order Establishing District.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-13 - Establishment of District - Effect of Order Establishing District.
|
Section 9-9-13
Establishment of district - Effect of order establishing district.
The order of the court of probate establishing said district shall have all the force of a judgment, and the court shall forthwith levy a uniform tax of not more than $1.00 per acre upon each acre of land owned by the landowners within such district to be used for the purpose of defraying the expenses incurred in establishing said district or to be incurred in organizing said district, making surveys of the same and assessing benefits and damages and to pay other expenses necessary to be incurred before the board of commissioners provided for in this article shall be empowered by the subsequent provisions of this article to provide funds to pay the total cost in connection with the works of improvement of the district. In case the boundaries of the district shall be extended under subsequent sections of this article so as to include land and other property not contained within the district as organized by order of the court of probate in the first instance, the same uniform tax shall be made on such lands as soon as the same shall have been annexed and included in the district. Such tax shall be due and payable as soon as levied and, if not paid by December 31 of the year in which it is levied shall become delinquent and shall be turned over to the tax collector of the county in which the lands are located for collection, and the collection of such taxes shall be proceeded with in the same manner as delinquent general state and county taxes. This tax shall be a lien, equal in dignity with the lien for general state and county taxes on the land against which it is levied from the time the levy is made. In case the sum raised from such levy exceeds the total cost of items for which the same has been levied, the surplus shall be placed in the general funds of the district and used to pay the cost of construction, rights-of-way and operations and maintenance of works of improvements.
(Acts 1965, No. 685, p. 1246, §10; Acts 1969, No. 442, p. 883, §10.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-14/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-14 - Board of Water Management Commissioners - Composition; Qualifications, Appointment,...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-14 - Board of Water Management Commissioners - Composition; Qualifications, Appointment, Terms of Office, Oath and Bond of Commissioners; Seal; Officers and Employees Generally; Meetings; Vacancies; Quorum.
|
Section 9-9-14
Board of water management commissioners - Composition; qualifications, appointment, terms of office, oath and bond of commissioners; seal; officers and employees generally; meetings; vacancies; quorum.
Upon the organization of the district, the court of probate shall appoint three water management commissioners to be designated "Board of Water Management Commissioners," who shall have control of the affairs of the district, and each commissioner shall be an owner of real property within the district and shall be over 19 years of age, and at least one of them shall be a resident of the county in which the proceedings are held. Whenever the owners of a majority in acres of the land comprising a district petition the court for appointment of a person qualified under this article to act as a water management commissioner, it shall be the duty of the court to appoint such person or persons, but in the absence of such petition it shall be the duty of the court to appoint such competent person or persons. Each of these water management commissioners shall take the oath of office as declared by the constitution of the state and shall also swear that he will not directly or indirectly be interested in any contract made by the board of water management commissioners, save and except so far as he may be benefited as a landowner in common with other landowners by the works constructed. Any water management commissioner failing to take the oath within 30 days after his appointment or failing to give bond in the sum of not less than $1,000.00, to be fixed by the court, shall be deemed to have declined to act as water management commissioner, and his place shall be filled by the court. The said board of water management commissioners shall adopt a seal for the district, and they may from time to time make such bylaws, rules, regulations and orders and change the same as they may deem proper and not inconsistent with this article and the laws of the state for the purpose of carrying into effect the object of their incorporation. They shall elect from their own number a president and secretary and appoint and employ such other officers, engineers, attorneys and agents and employ such persons as they may deem necessary for the efficient management of their business and may remove them at pleasure. The water management commissioners appointed as aforesaid shall hold their offices, one for two years, one for four years and one for six years, from the date of their appointments and until their successors are appointed and qualified. The court shall indicate the term of office of each water management commissioner; and, on the expiration of their terms of office, their successors shall be appointed in like manner for the term of six years thereafter. Said board of water management commissioners shall hold their meetings at any time and place in the county or counties in which any part of the district is situated upon the call of the president, or the president shall call a meeting when petitioned by a majority of the members of said board; provided, that an annual meeting of said board of water management commissioners shall be held at the office of the judge of probate having jurisdiction over the district on the second Monday of September each year to consider any business which may come before them in behalf of the district or any questions which any landowner may desire to present. All vacancies on the board of water management commissioners shall be filled by the court, but if the owners of a majority in acres of the land comprising the district shall petition for the appointment of a particular person for water management commissioner, it shall be the duty of the court to appoint the person so designated. A majority of the board of water management commissioners shall constitute a quorum, and the concurrence of a majority of the members at any regular or legally called meeting shall be conclusive as to any matters within the jurisdiction of said board.
(Acts 1965, No. 685, p. 1246, §11.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-15/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-15 - Board of Water Management Commissioners - Powers and Duties Generally.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-15 - Board of Water Management Commissioners - Powers and Duties Generally.
|
Section 9-9-15
Board of water management commissioners - Powers and duties generally.
The board of water management commissioners shall have the right and authority to enter into contracts or other agreements with the United States government or any department thereof, with persons, with railroads or other corporations, with public corporations, with the state government of this or other states and with drainage, conservation or other improvement districts in this or other states for cooperating or assisting in constructing, maintaining, using or operating the works of the district or for making surveys and investigations or reports thereon and may purchase, lease or acquire land or other property in adjoining states in order to secure outlets or for other purposes of this article, and may let contracts for securing such outlets or other works in adjoining states as may be necessary to carry out the provisions of this article.
The board shall have the authority to borrow funds from governmental agencies or other lending institutions in lieu of or as a supplement to issuing bonds. Such loan shall not exceed 40 years.
(Acts 1965, No. 685, p. 1246, §48.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-16/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-16 - Board of Water Management Commissioners - Election of District Treasurer.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-16 - Board of Water Management Commissioners - Election of District Treasurer.
|
Section 9-9-16
Board of water management commissioners - Election of district treasurer.
The board of water management commissioners shall elect some competent person, corporation or partnership as district treasurer, whose duty it shall be to receive all moneys derived from tax collections, the sale of bonds or from any other source and to disburse the same in accordance with the provisions of this article. The secretary shall also be eligible for the office of treasurer. The said treasurer shall be required before entering upon the discharge of his duties to give bond in such manner as shall be fixed by the board of water management commissioners, payable to the water management district conditioned that he will well and truly account for and pay out as provided by law all moneys received by him from whatever source, which bond shall be signed by at least two sureties approved and accepted by said board of water management commissioners. Said treasurer shall keep all funds received by him from any source whatever deposited at all times in some banking institution to be designated by the board of water management commissioners; provided, that if it shall be deemed more expedient to the board of water management commissioners as to money derived from the sale of bonds issued, said board may by resolution select some suitable bank or banks or other depository as temporary treasurer or treasurers to hold and disburse said moneys on the orders of the board of water management commissioners as the work progresses until such fund is exhausted or transferred to the district treasurer by order of the said board of water management commissioners.
(Acts 1965, No. 685, p. 1246, §54.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-17/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-17 - Board of Water Management Commissioners - Appointment, etc., of Fiscal Agent.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-17 - Board of Water Management Commissioners - Appointment, etc., of Fiscal Agent.
|
Section 9-9-17
Board of water management commissioners - Appointment, etc., of fiscal agent.
For the purpose of carrying out the provisions of this article, to assist in the keeping of the tax books, the collection of taxes, the remitting of funds to pay maturing bonds and coupons and to be of such other service in the general management of the affairs of the district as may be determined, the board of water management commissioners shall have authority to appoint a fiscal agent and to define the duties and fix the compensation of said fiscal agent.
(Acts 1965, No. 685, p. 1246, §55.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-18/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-18 - Board of Water Management Commissioners - Auditing of District Accounts; Annual Rep...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-18 - Board of Water Management Commissioners - Auditing of District Accounts; Annual Report; Notice of Reports and Annual Meeting.
|
Section 9-9-18
Board of water management commissioners - Auditing of district accounts; annual report; notice of reports and annual meeting.
On or before August 1 of each year, the board of water management commissioners of any district organized under this article shall have the accounts of the district audited, and it shall file with the court of probate having jurisdiction thereof the auditor's report showing the receipts and disbursements of the district for the preceding calendar year ending June 30 as well as its statement of the character of the work accomplished during such year and a general statement of the plans and purposes of the board of water management commissioners for the succeeding year. The commissioners shall give notice by publication as provided in this article that the auditor's report and the annual report of the board of water management commissioners is on file with the court and that the board of water management commissioners will hold its annual meeting in the office of the court of probate on the second Monday in September to consider any business which may come before the board in behalf of the district or any questions which any landowner may desire to present to the board of water management commissioners.
(Acts 1965, No. 685, p. 1246, §49.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-19/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-19 - Compensation of District Officers and Employees.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-19 - Compensation of District Officers and Employees.
|
Section 9-9-19
Compensation of district officers and employees.
Each member of the board of viewers shall receive as compensation for his services $25.00 per diem when actually employed. The secretary of the board of water management commissioners shall be entitled to such compensation for his secretarial work as may be agreed upon by the board of water management commissioners. Any attorney, engineer or assistant engineer or assistants employed under the provisions of this article shall receive such compensation for his or their services as shall be fixed and determined upon by the court of probate, together with reimbursement for all necessary expenses, until the board of water management commissioners is appointed, which shall then assume jurisdiction of these matters. The compensation of the treasurer of the district and of all other assistants and employees shall be determined by the board of water management commissioners. Such expenses shall be paid by order of the board of water management commissioners out of the fund provided for that purpose, and the board of water management commissioners shall issue warrants therefor in payment thereof.
(Acts 1965, No. 685, p. 1246, §52.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-20/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-20 - Removal of Commissioners, Viewers or Other District Officers.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-20 - Removal of Commissioners, Viewers or Other District Officers.
|
Section 9-9-20
Removal of commissioners, viewers or other district officers.
Any commissioner, viewer or other officer of any district organized under this article may, after due hearing, be removed for cause upon a motion filed in the court of probate where said district was organized.
(Acts 1965, No. 685, p. 1246, §12.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-21/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-21 - Right of Condemnation.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-21 - Right of Condemnation.
|
Section 9-9-21
Right of condemnation.
The power of eminent domain is hereby conferred, and such land, easements or rights-of-way within or outside the district which are necessary to carry out the purposes of the district may be condemned. Nothing in this article shall be construed to authorize the acquisition by eminent domain of any real property or rights owned or controlled by railroads or utilities, both public and private. The right of condemnation hereby conferred shall be exercised by application to the court of probate of the county in which the lands over which such right-of-way or outlet is desired or a material portion thereof are situated, and the same proceedings shall be had as in cases of condemnation of lands under the right of eminent domain, and such damages as may be awarded as compensation shall be paid by the board of water management commissioners out of the first funds which shall be available from the proceeds of the sale of bonds or otherwise.
(Acts 1965, No. 685, p. 1246, §14.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-22/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-22 - Right of Commissioners, etc., to Enter Lands to Make Surveys, etc.; Liability for D...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-22 - Right of Commissioners, etc., to Enter Lands to Make Surveys, etc.; Liability for Damages; Obstruction of Entrance.
|
Section 9-9-22
Right of commissioners, etc., to enter lands to make surveys, etc.; liability for damages; obstruction of entrance.
The board of water management commissioners of any district organized under this article or its employees or agents or cooperating state and federal agencies, including contractors and their employees, and the engineer and members of the board of viewers and their assistants may enter upon the lands within or without the district in order to make surveys and examinations to accomplish the necessary preliminary purposes of the district or to have access to the work, being liable, however, for actual damage done. Any person or corporation preventing such entrance shall be guilty of a misdemeanor.
(Acts 1965, No. 685, p. 1246, §15.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-23/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-23 - Appointment of District Engineer, etc.; Preparation, Adoption, etc., of Report and...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-23 - Appointment of District Engineer, etc.; Preparation, Adoption, etc., of Report and Water Management Plan for Improvements in District.
|
Section 9-9-23
Appointment of district engineer, etc.; preparation, adoption, etc., of report and water management plan for improvements in district.
(a) Within 60 days after the district is established, it shall be the duty of the board of water management commissioners to appoint as district engineer a competent civil or agricultural engineer of good standing in his profession who is familiar with the type of project involved if said engineer is needed or required by the district. Such services of an engineer may not be required if engineering services are furnished by a federal, state or local agency.
(b) In case an engineer is needed or required, it shall be the duty of the court of probate to refer the report of the preliminary survey or other plans to the district engineer, who shall make a survey of the district and shall prepare a report with plans for improvements for the district. Such report shall include maps, profiles, specifications, estimates of cost and other data and descriptions which are necessary to show location and character of the proposed work; provided, that the map or maps shall show the boundary, as closely as may be determined by the records of the tax assessor, of the land owned by each individual landowner within the district, the location of any railroads, public highways, gas lines, power lines and other public utilities and the boundary of any incorporated town or village. Such report shall also contain an accurate description of all lands and other property which may be needed for a right-of-way or for the uses and purposes of the district. In case it is found that the data of any former surveys or other proceedings may be useful for the purposes of the district, the board of water management commissioners may take over and use such data and may pay therefor the amount of its value to the district. The board of water management commissioners and the engineer or the agency furnishing engineering services, in the preparation and adoption of plans, shall consider the best interests of the district and are not bound to follow or adopt the plans that may be outlined in the preliminary report or plans. In case an engineer is employed, he may, at the expense of the district and with the approval of the board of water management commissioners, employ the necessary assistants in making surveys, maps and profiles and may secure the services of a consulting engineer or expert advisor. In case engineering services are being furnished by some organization or agency cooperating with the district, the court shall refer the preliminary report or plans to said organization or agency, which shall prepare plans for the works of improvement for the district.
(c) Upon receipt of the final report of the district engineer or final plan from other competent authority concerning the surveys made of the lands and other property in the district organized and plans for treating the same, the board of water management commissioners shall adopt such report or plans with any modification thereof approved by the district engineer or other consultants after consultation. Thereafter such adopted report or plan shall be the plan for draining, leveeing, reclaiming or protecting such lands and other property from overflow or damage by water or for flood prevention or for the conservation, development, utilization and disposal of water, and it shall, after such adoption, be known and designated as the "plan of water management," which plan shall be filed with the judge of court of probate and incorporated into the records of the district. The committee may file with the board of water management commissioners a statement of any fact or suggestion it deems will be beneficial.
(Acts 1965, No. 685, p. 1246, §16.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-24/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-24 - Procedure as to Proposed Improvement Crossing Railroad Right-of-Way.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-24 - Procedure as to Proposed Improvement Crossing Railroad Right-of-Way.
|
Section 9-9-24
Procedure as to proposed improvement crossing railroad right-of-way.
Whenever the proposed improvement crosses the right-of-way of any railroad company, it shall be the duty of the board of water management commissioners, before adopting the plan of water management, to promptly notify such railroad company by serving written notice on any agent of such company or its lessee or receiver, such notice fixing the time of such meeting, which shall be not less than 10 days after the service of the same, that the board of water management commissioners will meet the company at the place where the proposed works of improvement will cross the right-of-way of such company for the purpose of conferring with said railroad company with relation to the place and the manner in which said improvement shall cross such right-of-way. It shall be the duty of the board of water management commissioners and the railroad company to agree, if possible, upon the place where and the manner and method in which such improvement shall cross such right-of-way. If the board of water management commissioners and the railroad company cannot agree or if the railroad company shall fail, neglect or refuse to confer with the board of water management commissioners, said board of water management commissioners shall determine the place and manner of crossing the right-of-way of said railroad company and shall specify the number and sizes of openings required and so specify in the plan of water management, and it shall further specify that it could not agree with the railroad company or that the latter failed, neglected or refused to confer with said board.
(Acts 1965, No. 685, p. 1246, §17.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-25/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-25 - Correction of Errors in or Amendments to Water Management Plan.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-25 - Correction of Errors in or Amendments to Water Management Plan.
|
Section 9-9-25
Correction of errors in or amendments to water management plan.
The board of water management commissioners may correct errors in or amend the plan of water management at any time upon the recommendation or concurrence of competent technicians when it appears that the purpose for which the district is organized may thereby be more effectively and economically accomplished; provided, that after assessments of benefits have been confirmed by the court, no such amendment to plans shall be effective until approved by the court having jurisdiction of the district after a hearing, for which notice shall be given as in the case of the assessments of benefits, at which hearing all parties whose property has been assessed for benefits or may be damaged or taken by reason of such amendment shall have opportunity to be heard. When any amendment to the plan is approved by the court, the benefits and damages resulting from such amendment shall be determined at the same hearing.
(Acts 1965, No. 685, p. 1246, §18.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-26/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-26 - Transmittal of Certified Copy of Water Management Plan to Probate Court; Petition f...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-26 - Transmittal of Certified Copy of Water Management Plan to Probate Court; Petition for Appointment of Viewers; Composition, etc., of Board of Viewers; Qualifications and Appointment of Members.
|
Section 9-9-26
Transmittal of certified copy of water management plan to probate court; petition for appointment of viewers; composition, etc., of board of viewers; qualifications and appointment of members.
Within 90 days after the adoption of the plan of water management, the secretary of the board of water management commissioners shall prepare and transmit a certified copy thereof to the court of probate of the county in which the district is organized, and at the same time the board of water management commissioners shall file with said court of probate a petition to appoint viewers to appraise the lands within and without said district to be acquired for rights-of-way on the works of improvement of the district and to assess benefits and damages according to all lands in the district and other property by reason of the execution of the plan of water management. Within 30 days after the filing of such petition, the court of probate shall by an order appoint a board of viewers consisting of three viewers who shall be disinterested owners of realty in the county or counties involved. A majority of said viewers shall constitute a quorum and shall control the actions of the board of viewers on all questions.
(Acts 1965, No. 685, p. 1246, §19.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-27/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-27 - Viewing and Assessment of Lands by Board of Viewers; Report of Findings.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-27 - Viewing and Assessment of Lands by Board of Viewers; Report of Findings.
|
Section 9-9-27
Viewing and assessment of lands by board of viewers; report of findings.
(a) Within 30 days after qualifying, the board of viewers shall begin its duties, and it may at any time call upon the attorney of the district for legal advice and information relative to its duties. Said viewers shall proceed to view the premises and determine the value of all land and other property within or without the district to be acquired and used for rights-of-way or other works of drainage, leveeing, reclamation, flood prevention or for the conservation, development, utilization and disposal of water as set out in the water management plan. They shall assess the amount of benefits and the amount of damages, if any, that will accrue to each tract of 40 acres or less, according to the legal or recognized subdivisions of land according to ownership, to public highways, railroad and other rights-of-way, railroads, roadways and other property from carrying out and putting into effect the plan of water management. The engineer assisting the district or his representative shall accompany the board of viewers while it is viewing the lands of the district. The viewers, in assessing the benefits of lands, public highways, railroad and other rights-of-way, railroads, roadways and other property not traversed by such works and improvements as provided for in the plan of water management, shall not consider what benefits will be derived by such property after improvements or plans other than those incorporated in the plan of water management shall have been constructed, but they shall assess only such benefits as will be derived from the construction of the works of improvement specifically set out in the plan of water management or as the same may afford an outlet for drainage or protection from overflow of such property. The public highways, railroads and other rights-of-way, roadways, railroads and other property shall be assessed according to the increased physical efficiency and decreased maintenance cost of such roadways by reason of the protection to be derived from the proposed works of improvement. The board of viewers shall have no power to alter the plan of water management heretofore provided.
(b) The board of viewers shall prepare a report of its findings, which shall be arranged in tabular form, the columns of which shall be headed as follows: Column 1, "owner of property assessed"; column 2, "description of property assessed"; column 3, "number of acres assessed"; column 4, "amount of benefits assessed"; column 5, "number of acres taken for right-of-way"; column 6, "value of property taken for right-of-way"; and column 7, "damages awarded"; provided, that a mistake in the name of the owner of any lands assessed shall not invalidate the assessment. There shall be set out a description of the land and other property to be required for the right-of-way and for the uses and purposes of the district and the value of each tract or parcel thereof. Said report shall be signed by at least a majority of the board of viewers and filed with the court of probate of the county organizing said water management district.
(Acts 1965, No. 685, p. 1246, §20.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-28/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-28 - Notice of Hearing on Report of Board of Viewers.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-28 - Notice of Hearing on Report of Board of Viewers.
|
Section 9-9-28
Notice of hearing on report of board of viewers.
When the report of the board of viewers is fully completed in accordance with the provisions of this article and filed, the court of probate shall forthwith set a date for hearing said report, not less than 30 days thereafter, and shall give notice thereof by causing publication to be made as hereinafter defined, and the following form shall suffice:
"Notice of Filing of Viewers' Report and Hearing Thereon for _______ Water Management District. Notice is hereby given to all persons interested in the following described land and property in _____ County (or Counties), Alabama; (here describe land and property) included within and without _____ water management district, that the board of viewers heretofore appointed to assess benefits and damages to the property and lands situated within and without said water management districts and to appraise the cash value of the land necessary to be taken for rights-of-way for the works of improvement of said district within or without the limits of said district filed its report in this office on the _____ day of _____, 2__ and is hereby notified that you may examine said report and on or before the said day of hearing file exceptions to all or any part thereof as provided by law.
________________
Probate Judge,
of _________ County, Alabama."
(Acts 1965, No. 685, p. 1246, §21.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-29/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-29 - Filing of Exceptions to Report; Hearing Upon Exceptions and Report; Approval and Co...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-29 - Filing of Exceptions to Report; Hearing Upon Exceptions and Report; Approval and Confirmation of Report; Dismissal of Proceedings and Dissolution of District; Transmittance of Copies of Court Decree and Report of Viewers; Filing Fee.
|
Section 9-9-29
Filing of exceptions to report; hearing upon exceptions and report; approval and confirmation of report; dismissal of proceedings and dissolution of district; transmittance of copies of court decree and report of viewers; filing fee.
On or before the day set for the hearing of the final report of the board of viewers, the water management district or any owner of land or other property in said district or any person having an interest in any lands or other property within said district may file exceptions to said report or to any assessment for either benefits or damages. All exceptions shall be heard by the court and determined in a summary manner so as to carry out liberally the purposes and needs of the district. If it appears to the satisfaction of the court, after having heard and determined all of said exceptions, that the estimated cost of constructing the improvements contemplated in the plan of water management or, in the case of a Public Law 566 watershed project, that portion of the costs that must be borne by the "local organization," together with the damages assessed, is not greater than 90 percent of the benefits assessed against the land and other property in said district, then the court shall approve and confirm the report of the board of viewers as so modified and amended. If, however, the court finds that the local cost of construction, together with the damages assessed, exceeds 90 percent of the benefits assessed, the court shall dismiss the proceedings at the cost of the landowners in said district and render its decree, decreeing the incorporation of the district to be dissolved as soon as all costs incurred, which shall include court costs and all obligations and expenses incurred in behalf of the district by the board of water management commissioners, shall have been paid; and, if the uniform tax levy under the provision of Section 9-9-11 shall be found insufficient to pay all such costs, the board of water management commissioners shall make such additional uniform tax levies as will be necessary to pay such deficiency; provided, that any fund remaining after such costs and expenses have been paid shall be prorated among the landowners in the same ratio as it was collected. The court of probate of the county in which the water management district is organized shall transmit a certified copy of the court decree and copy of the board of viewers' report, as confirmed or amended by the court, to the board of water management commissioners of the district, and if the district embraces lands in more than one county then the secretary of the board of water management commissioners shall thereupon make and transmit a certified copy of the said decree and that part of the said report affecting land in each county to the court of probate of each county, except the county in which the district is organized, having lands in the district assessed with benefits where the same shall become a permanent record, and each such court of probate shall receive a fee of $1.00 for receiving, filing and preserving the same.
(Acts 1965, No. 685, p. 1246, §22.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-30/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-30 - Appeal From Confirmation of Board of Viewers' Report.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-30 - Appeal From Confirmation of Board of Viewers' Report.
|
Section 9-9-30
Appeal from confirmation of board of viewers' report.
Any person aggrieved may within 10 days after the confirmation of the board of viewers' report appeal from the judgment of the court of probate to the circuit court, and upon such an appeal there may be determined either or both of the following: first, whether just compensation has been allowed for property appropriated and second, whether proper damages have been allowed for property prejudicially affected by the improvements. Such appeal shall be taken and prosecuted as now provided by law, which appeal shall be based and heard only upon the exceptions heretofore filed by the complaining party, either as to issue of law or fact, and no additional exceptions shall be considered by the court upon the hearing of the appeal; provided, that nothing in this section shall be construed to authorize any appellant to stay the proceedings of the district or to prevent progress in the work of construction of any work or improvement; but said district may proceed with said work, and any subsequent proceedings in the circuit court shall affect only the rights and interests of the appellant in property located in such district.
(Acts 1965, No. 685, p. 1246, §23.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-31/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-31 - Tax Levy to Defray Expenses of Proposed Works and Improvements Generally; Water Man...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-31 - Tax Levy to Defray Expenses of Proposed Works and Improvements Generally; Water Management Tax Record; Additional Taxes.
|
Section 9-9-31
Tax levy to defray expenses of proposed works and improvements generally; water management tax record; additional taxes.
(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:
"State of Alabama)
)ss.
County of _______ )
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__.
___________
President,
___________
Secretary."
(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.
(Acts 1965, No. 685, p. 1246, §24.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-32/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-32 - Levy of Annual Installment of Tax; Form of Certificate and Order Directing Collecti...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-32 - Levy of Annual Installment of Tax; Form of Certificate and Order Directing Collection of Tax; Preparation of Tax Record; Proceedings as to Delinquencies.
|
Section 9-9-32
Levy of annual installment of tax; form of certificate and order directing collection of tax; preparation of tax record; proceedings as to delinquencies.
(a) The said board of water management commissioners shall each year thereafter determine, order and levy the amount of the annual installment of the total taxes under Section 9-9-31, which shall become due and be collected during said year at the same time that state and county taxes are due and collected and which shall be evidenced and certified by the said board as provided in this section. Prior to the first Monday in October of each year, one copy of the water management tax book shall be delivered to the tax collector of each county in which benefited lands and other benefited property of said district are situated after the judge of the court of probate of the county in which the district was organized has affixed his signature to the certificate and order directing the collection of said tax, and said tax shall thereupon have the force and effect of a judgment as in the case of state and county taxes.
(b) The certificate and order directing the collection of said installment tax shall be in substantially the following form:
"State of Alabama
County of _____
To _____ Tax Collector of _____ County:
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, _____ County (or Counties), of Alabama, have and do hereby levy the sum of $___ as the annual installment of tax for the year 2__, of the total tax levied under the provisions of said article, which said total tax has heretofore been certified to the Court of Probate of _____ County, and said board of water management commissioners by and under the authority of the same law have levied also the sum of $___ as a maintenance tax for said year; said annual installment of tax and maintenance tax on the real estate and other property situated in your county are set out in the following table, in which are: first, the names of the supposed owners of said lands and other property; second, the description of said lands and other property opposite the names of said owners; third, the amount of said installment of tax levied on each tract of real estate or other property; and fourth, the amount of maintenance tax levied against the same (here insert the schedule after which the balance of the certificate shall appear). The said taxes shall be collectible and payable the present year at the same time that state and county taxes are due and collected, and you are directed and ordered to demand and collect the said taxes at the same time you demand and collect the state and county taxes due on the same lands and other property, and this water management tax book shall be your warrant and authority for making such demand and collection. Witness the signature of the judge of the court of probate of the county in which the district was organized and the President of the said board of water management commissioners, attested by the seal of said district and the signature of the secretary of said board, this the ____ day of _____, A.D., 2____
_________________
Judge of the Court of Probate
ATTEST:
________
County, Alabama
____________
_____________
Secretary of the District
President of the District."
(c) In preparing the water management tax record provided for by this section, the board of water management commissioners shall show in properly ruled columns:
(1) The names of the owners of said land and other property as they appeared in the report of the board of viewers;
(2) The description of the said lands and other property opposite the names of said owners;
(3) The amount of said annual installment tax levied for each tract or piece of property;
(4) The amount of maintenance tax;
(5) A blank column in which the collector shall record the several amounts as collected by him;
(6) A blank column in which the collector shall record the date of payment of the different sums; and
(7) A blank column in which the collector shall record the names of the person or persons paying the several amounts; provided, that mistakes in the names of the owners appearing in the water management tax book shall not invalidate the assessment.
The columns in which the annual installment tax appears shall be correctly totaled. The said certificate and table shall be prepared in the form of a well-bound book, which shall be endorsed and named "Water Management Tax Book, _____ Water Management District, _____ County (or Counties), Alabama, for the year 2__," which endorsement shall also be printed at the top of each page of said book.
(d) All taxes provided for in this article shall constitute a lien equal in dignity with the lien for general state and county taxes upon the lands assessed; and, except as provided in this article, they shall be collected in the same manner and by the same officials as state and county taxes are collected. The said taxes shall be due and payable on the first Monday in October of each year; and, if the same shall not be paid in full by December 31 following, they shall become delinquent and, when so delinquent, shall bear a penalty of two percent per month until paid, each fractional month being counted as a full month. It shall be the duty of the tax collector to sell the land or lands so delinquent, the sale of lands for failure to pay such taxes and penalty to be made at the courthouse door of the county in which the lands are situated between the hours of 11:00 A.M. and 4:00 P.M. the first Monday in February of each year; and, if for any reasonable cause the same cannot be made on that date, the sale may be continued from day to day for not exceeding four days or the lands may be readvertised and sold on the first Monday in March succeeding, during the same hours, without any order therefor, and the sale of such lands for water management taxes and penalties or any installment thereof shall be made subject to the lien of any unpaid state, county or city taxes due thereon, and the sale of lands for any state, county or city taxes due thereon shall be subject to the lien of any taxes or installments thereof levied under this article. In all other respects, except as to the time of sale of lands and the two percent penalty for each month's delinquency or part thereof, the existing law as to the collection of state and county taxes shall have application to the collection of water management assessments under this article. It shall be the duty of the sheriff or tax collector to pay over to the district treasurer promptly the money so collected by him upon said tax assessments to the end that the said treasurer may have funds in his hand to meet the payment of interest and principal due upon any outstanding bonds as they mature. If at such sale or sales no bidder is found who will bid the amount of water management tax, interest, penalty and costs due thereon, the land shall not be sold but shall be reoffered the next year.
(Acts 1965, No. 685, p. 1246, §25.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-33/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-33 - Collection of Taxes on Property Divided, Sold or Transferred.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-33 - Collection of Taxes on Property Divided, Sold or Transferred.
|
Section 9-9-33
Collection of taxes on property divided, sold or transferred.
When any property in a water management district has been divided, sold or transferred, the tax collector may receive taxes levied under this article on a part of any tract, piece or parcel of land or other property and give his receipt accordingly only when the deed or transfer of said property shows the agreed division of said taxes and the approval of the board of water management commissioners of the district.
(Acts 1965, No. 685, p. 1246, §26.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-34/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-34 - Compensation of Tax Collector; Failure of Collector to Make Prompt Payment of Tax t...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-34 - Compensation of Tax Collector; Failure of Collector to Make Prompt Payment of Tax to Treasurer.
|
Section 9-9-34
Compensation of tax collector; failure of collector to make prompt payment of tax to treasurer.
The tax collector of each county shall retain for his services as collector of taxes for the water management district one half of one percent of the amount he collects of delinquent taxes, penalties and costs. If any tax collector or sheriff shall refuse, fail or neglect to promptly make full payment of the tax, or any part thereof, collected under this article, he shall pay to the treasurer of the district a penalty of 10 percent on account of his delinquency. Said penalty shall at once become due and payable, and both he and his surety shall be liable to the district therefor.
(Acts 1965, No. 685, p. 1246, §27.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-35/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-35 - Payment of Tax to District Treasurer - Required; Records.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-35 - Payment of Tax to District Treasurer - Required; Records.
|
Section 9-9-35
Payment of tax to district treasurer - Required; records.
Any person owning lands and other property assessed for the construction of any works of improvement under the provisions of this article shall have the privilege of paying such tax assessment to the district treasurer on or before a date to be fixed by the board of water management commissioners, notice of which date shall be given by publication in a newspaper published in each county in which lie lands in the district at least 10 days before such fixed date, and the amount to be paid shall be the full amount of the tax levied less any amount added thereto to meet interest. When such tax assessment has been paid, the secretary of the board of water management commissioners shall enter upon the water management tax record opposite each tract for which payment is made the words, "paid in full," and such tax assessment shall be deemed satisfied, and the secretary of the board of water management commissioners shall also make or cause to be made the same entry opposite each tract for which payment is made upon the water management tax record filed with the court of probate of the county in which the property is located; provided, that such payment shall not operate as a release of the lands or other property on which the full amount of taxes has been paid from liability to pay additional taxes upon said lands and other property as provided in this article.
(Acts 1965, No. 685, p. 1246, §28.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-36/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-36 - Payment of Tax to District Treasurer - Failure Deemed Consent to Issuance of Bonds...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-36 - Payment of Tax to District Treasurer - Failure Deemed Consent to Issuance of Bonds and Waiver of Defenses.
|
Section 9-9-36
Payment of tax to district treasurer - Failure deemed consent to issuance of bonds and waiver of defenses.
Each and every person owning land in the district who shall fail to pay to the district treasurer the full amount for which his land is liable, as aforesaid, within the time above specified shall be deemed as consenting to the issuance of water management bonds; and, in consideration of the right to pay his proportion in installments, he thereby waives his right of defense to the payment of any tax which may be levied for the payment of bonds because of any irregularity, illegality or defect in the prior proceedings except in case of an appeal as provided in this article, which is not affected by this waiver.
(Acts 1965, No. 685, p. 1246, §29.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-37/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-37 - Bonds - Issuance.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-37 - Bonds - Issuance.
|
Section 9-9-37
Bonds - Issuance.
The board of water management commissioners may issue bonds of the water management district from time to time for an amount equal in the aggregate to the total cost of the improvement including all preliminary organization and administration expenses not heretofore provided for, less such amounts as shall have been paid in cash to the district treasurer. In no case, however, shall the par value of the bonds issued plus such amounts as shall have been paid in cash to the district treasurer exceed 90 percent of the aggregate of benefits assessed against the land or other property. The bonds shall be numbered serially and shall bear interest not to exceed six percent per annum, payable semiannually, and shall mature at annual intervals within 40 years commencing after a period of years not later than five years to be determined by the board of water management commissioners, and said bonds shall be signed by the president of the board of water management commissioners, attested with the seal of said district and by the signature of the secretary thereof, and the interest coupons attached to said bonds may be executed with the facsimile signature of the secretary of said district. It shall, however, be unnecessary to affix the seal of the district to the interest coupons. Bonds issued under this section shall have all the qualities of negotiable paper within the meaning of the law merchant. Said bonds may be prepared at the expense of the district and executed from time to time or at one time and when delivered for value shall be held to the obligations of the district, although executed by officials other than those in office at the time of the delivery for value, provided the officials signing them were in office at the time they signed the bonds. The secretary of the board of water management commissioners shall file in the court of probate in which the water management district was organized a certified copy of the order of the board of water management commissioners authorizing and describing any bonds issued under this section, and the said order shall be recorded in the water management record of said county. This order shall set forth the amount, date, denomination, maturing and number of the bonds to be issued as well as the bond form including the place of payment. Before any of said bonds are delivered for value, the judge of the court of probate shall certify on each bond that a copy of the order authorizing same has been duly recorded in the water management record of said county. It shall be sufficient to say: "This is to certify that a copy of the order of the Board of Water Management Commissioners of _____ Water Management District of _____ County, Alabama, authorizing this bond has been duly recorded in the Water Management Record of _____ County, Alabama _____ Judge of the Court of Probate, _____ County, Alabama."
(Acts 1965, No. 685, p. 1246, §30.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-38/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-38 - Bonds - Sale; Disposition of Proceeds, Etc.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-38 - Bonds - Sale; Disposition of Proceeds, Etc.
|
Section 9-9-38
Bonds - Sale; disposition of proceeds, etc.
The board of water management commissioners may sell the bonds for cash at not less than 95 percent of the par value plus accrued interest and devote the proceeds to the payment of the work as it progresses and to the payment of other expenses of the district provided for in this article and for no other purpose or purposes. The funds of the district derived from the sale of bonds, collection of taxes or any other source shall be placed in any such depositories as may be designated by the board of water management commissioners, and the depositories shall pay into the treasury of the district such rate of interest as may be mutually agreed upon between the depository and the board of water management commissioners; provided, that the rate of interest shall not be less than two percent per annum and that the funds shall be subject to withdrawal at any time by the commissioners for the payment of the obligations of the district.
(Acts 1965, No. 685, p. 1246, §31.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-39/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-39 - Bonds - Payment of Principal and Interest.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-39 - Bonds - Payment of Principal and Interest.
|
Section 9-9-39
Bonds - Payment of principal and interest.
The principal and interest of bonds issued under this article shall be payable at such place or places as the board of commissioners may designate. At least two weeks before the principal and interest of any bonds are due and payable, it shall be the duty of the treasurer of the water management district to forward to the place of payment named in such bonds an amount sufficient to meet the principal and interest thereon coming due together with the customary fee of such paying back, not to exceed one fourth of one percent. It shall be the duty of the board of water management commissioners in making the annual tax levy as provided in this article to take into account the maturing bonds and interest on all bonds and to make ample provisions in advance for the payment thereof. In case the proceeds of the original tax levy made under the provisions of this article are not sufficient to pay the principal and interest of all the bonds issued thereunder, then the board of water management commissioners shall make such additional levy or levies upon the benefits assessed as are necessary for this purpose and may issue additional bonds in like manner as in the first instance; provided, that the total tax levies, exclusive of maintenance taxes or taxes levied to pay the interest on bonds, shall not exceed 90 percent of the benefits assessed.
(Acts 1965, No. 685, p. 1246, §32.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-40/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-40 - Bonds - Remedies and Proceedings Upon Default.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-40 - Bonds - Remedies and Proceedings Upon Default.
|
Section 9-9-40
Bonds - Remedies and proceedings upon default.
(a) If any installment of principal and interest evidenced by any bonds issued under the provisions of this article shall not be paid at the time and in the manner when the same shall become due and payable, the same shall bear interest at the rate of eight percent per annum until paid, and if such default shall continue for a period of 60 days, the holder or holders of such bond or bonds upon which default has been made may have a right of action against said water management district wherein the court may issue a writ of mandamus against the officers of said district, including the tax collector, directing the levying of a sufficient tax as provided in this article and the collection of same in such sum as may be necessary to meet any unpaid installments of principal and interest and costs of suit and such other remedies are hereby vested in the holder or holders of such bond or bonds in default as may be authorized by law. As an additional remedy in case of default in the payment of the principal and interest of any bonds heretofore or hereafter issued by any water management district within the State of Alabama, which default has existed for 60 days and payment has been demanded by the holder of any such bond or interest coupon at the place designated for payment in such instruments and also to the president of the board of water management commissioners of any such water management district, the holder or holders of such bonds or interest coupons shall have the right to make application to any court of competent jurisdiction for the appointment of a receiver for such defaulting water management district, and it shall be the duty of said court upon presentation of a complaint properly verified to appoint a receiver in such case to collect any taxes due such district. Such receiver shall have power to institute civil actions for the collection of delinquent taxes and to do all things necessary to collect delinquent taxes or other debts due the district, and the said receiver may be directed by civil action to foreclose the lien of said taxes on said lands, and out of the proceeds of any collections so made the receiver shall first pay all costs and shall prorate the remainder of such collections to the payment of bonds and coupons then due, and said receiver shall be under the jurisdiction and control of the court appointing him and he shall have power to proceed in any court of competent jurisdiction where it is necessary to enforce any lien against any land within the district; and said court shall have the power to discharge said receiver at any time and appoint another in his stead, and when all bonds and interest coupons past due shall have been paid the receiver shall be discharged.
(b) Civil actions for the foreclosure of taxes by any receiver appointed under this section shall be conducted in the following manner: Such actions shall be brought in the circuit court of the county in which the lands are situated, and the said court shall give judgment against all of such lands or other property in said district for the amount of such taxes together with all interest and penalties accrued thereon and costs. Such judgment shall provide for the sale of such delinquent lands for cash in the same manner as other judicial sales of land. Said proceedings and judgment shall be in the nature of proceedings in rem, and it shall be immaterial that the ownership of such lands be incorrectly alleged in said proceedings, and such judgment shall be enforced wholly against such lands and not against any other property or estate of the defendants. All or any part of said delinquent lands for each of said counties may be included in one civil action for each county, instituted for the collection of said delinquent taxes, etc., as aforesaid, and notice of the pendency of such civil action shall be given by publication weekly for four weeks (four insertions) before judgment is entered for the sale of said lands in some newspaper published in the county where such suits may be pending if there is one and, if there is no such newspaper, then in some newspaper in an adjoining county, which public notice may be in the following terms:
"Receiver for _____ Water Management District vs. Delinquent Lands. All persons having or claiming any interest in any of the following described lands are hereby notified that a civil action is pending in the Circuit Court of _____ County, Alabama, to enforce the collection of certain water management taxes on the subjoined list of lands, the name of each supposed owner having been set opposite his or her or its lands together with the amounts severally due from each:" (Then shall follow a list of supposed owners, with a descriptive list of said delinquent lands and amounts due thereon respectively, as aforesaid, and said public notice may conclude in the following form:) "All persons and corporations interested in said lands are hereby notified that they are required by law to appear within four weeks and make defense of said action or the same will be taken as confessed, and final judgment will be entered directing the sale of said lands for the purpose of collecting said taxes together with interest, penalty and costs allowed by law."
Such civil actions shall stand for trial at the first term of court after the complaint shall have been filed, if said four weeks shall expire either before the first day of the term or during the term of court to which said actions are brought respectively, unless a continuance shall be granted for good cause shown, within the discretion of the court, and such continuance for good cause shown may be granted as to a part of said lands of defendants without effecting the duty of the court to dispose finally of the others as to whom no continuance may be granted; and in all cases where notice has been properly given as aforesaid and where no answer has been filed or if filed and the cause decided for the plaintiff, the court by its judgment shall grant the relief as prayed for in the complaint and shall direct the sale of such lands described in the complaint at the courthouse door of the county wherein the judgment is entered at public outcry to the highest and best bidder for cash in hand, after having first advertised such sales (such advertisement may include all the land included in the judgment) weekly for two weeks consecutively, (two insertions) in some newspaper published in the county if there is one and, if there is no such newspaper, then such advertisement shall be published in some newspaper in an adjoining county, and if all the lands are not sold on the day as advertised, such sale shall continue from day to day until completed. The register shall by proper deeds convey to the purchaser the lands so sold, and the title to said lands shall thereupon become vested in such purchaser as against all others whomsoever, subject only to the right of the owner of said land to redeem same within two years from the date of said sale, on payment of the amount paid by the purchaser of said land with legal interest thereon to the date of redemption and also the further sum equal to 10 percent of the amount so paid by the purchaser of said land. The purchaser of any land at such sale shall be entitled to the possession of such land immediately upon the delivery to him of the deed thereof; provided, that if such land, being agricultural land, shall have been leased by the owner and the tenant shall have planted a crop thereon prior to such sale, such tenant shall have the right to till and gather his crop.
(c) The receiver may proceed by civil action as aforesaid against any such delinquent lands before the sale thereof by the collector or after such sale but for which no purchaser was found; and it shall be the duty of such receiver to deliver to the collector a copy of the complaint against such delinquent lands, and such lands shall thereafter not be offered for sale by the collector until such delinquent lands shall have been sold under the foreclosure provided for in this section or the judgment against the same otherwise satisfied or the foreclosure action against such lands otherwise finally disposed of. It shall be the duty of such receiver, as such land is sold or judgment against the same otherwise satisfied, to furnish the collector with a list of such lands, and the collector shall then record the satisfaction of such tax in the water management tax book for the proper year; provided, that it shall be the duty of the collector thereafter to sell any such lands at the time and in the manner provided by this article for delinquent water management taxes for any year subsequent to the taxes for which judgment was rendered against such lands; provided further, that the sale of any lands for water management taxes under this article shall only discharge such lands from the lien of the taxes for which judgment was rendered or the sale made.
(Acts 1965, No. 685, p. 1246, §33.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-41/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-41 - Bonds of District Employees, Etc.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-41 - Bonds of District Employees, Etc.
|
Section 9-9-41
Bonds of district employees, etc.
Bonds in behalf of the district for the safekeeping of funds and faithful performance of their respective duties and obligations shall be given by each of the commissioners, the engineer, if any, the attorney, the secretary, the treasurer and all other persons who may handle funds of the district and by such persons, firms or corporations having contracts with the district as the commissioners may require. The amount of the bonds and the sureties of the commissioners shall be subject to the approval of the court of probate. The amount of bonds and the sureties of the treasurer, the attorney, the secretary, the engineer, if any, and the contractors shall be subject to the approval of the board of water management commissioners. All bonds of district officials shall be placed with the court of probate and the bonds of contractors with the secretary of the district. The amount of the bonds of any person who handles district funds or of a collector of district taxes shall be determined by the board of water management commissioners. Sureties on such bonds may be individuals or corporations, and the fees for all bonds required of officers and of other persons handling funds of the district shall be paid by the district as part of administration expenses.
(Acts 1965, No. 685, p. 1246, §34.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-42/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-42 - Construction of Improvements Under Water Management Plan - Authority and Procedure...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-42 - Construction of Improvements Under Water Management Plan - Authority and Procedure for Letting Contracts.
|
Section 9-9-42
Construction of improvements under water management plan - Authority and procedure for letting contracts.
The board of water management commissioners may secure and use men, equipment and materials under the supervision of the water management engineer to construct, excavate and complete all or any of the works of improvements which may be needed to carry out the plan of water management, or it may, in its discretion, let contracts therefor, either as a whole or in part. The board of commissioners shall fix the time and place of letting contracts for the construction of the improvements and cause notice thereof, containing a description of the work to be let, to be made by publication in three consecutive issues of some weekly newspaper (if such there be) of general circulation published in the county in which the district is organized and by at least one insertion in some contractor's or trade journal and by such additional publication elsewhere as the board of water management commissioners may deem expedient, the last insertion to be at least 10 days before the day of the letting. On the date appointed for the letting, the board of water management commissioners together with the water management engineer shall convene and let the proposed work either in whole or in sections as they may deem most advantageous for the district. They shall have the right to reject any and all bids and to readvertise the work if in their judgment the interests of the district will be served by so doing. The successful bidder shall be required to enter into contract with the board of commissioners and to execute a bond for the faithful performance of such contract with sufficient sureties in favor of the water management district in an amount not less than 25 percent of the estimated cost of the work awarded to him. The contract shall be based on the plans and specifications submitted by the engineer or other competent authority in the final report as adopted by the board of water management commissioners, the original of which shall remain on file in the office of the court of probate and shall be open to inspection by all prospective bidders. All bids shall be submitted sealed and shall not be opened except under the authority of the board of water management commissioners and on the date and at the hour therefor appointed for opening the bids. In case the water management commissioners are installing the works of improvement with the assistance of some organization or agency, engineering and other assistance necessary in connection with letting contracts or otherwise installing the works of improvement may be furnished by the cooperating organization or agency. In such case, the letting of contracts will be handled in a manner agreeable to both the water management commissioners and the organization or agency involved.
(Acts 1965, No. 685, p. 1246, §35.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-43/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-43 - Construction of Improvements Under Water Management Plan - Duties of Water Manageme...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-43 - Construction of Improvements Under Water Management Plan - Duties of Water Management Engineer; Payment of Contractor.
|
Section 9-9-43
Construction of improvements under water management plan - Duties of water management engineer; payment of contractor.
The water management engineer shall have charge of the construction of the plan of water management. He shall make monthly estimates of the amount of work done and shall furnish one copy to the contractor and file the other with the secretary of the board of commissioners, and the commissioners shall within five days after the filing of such estimates meet and direct the secretary to draw a warrant in favor of such contractor for not more than 90 percent of the work done according to the specifications and contract; and, upon the presentation of such warrant, properly signed by the president and secretary, to the treasurer of the district, he shall pay the amount due thereon. When the work is fully completed and accepted by the water management engineer, he shall make an estimate for the whole amount due, including the amounts withheld on previous monthly estimates, which shall be paid from the water management fund as provided in this section. In case the water management district installs the works of improvement with the assistance of some organization or agency, engineering services may be furnished by the cooperating organization or agency as set out above, with any additional duties being performed as required due to the two groups working together.
(Acts 1965, No. 685, p. 1246, §36.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-44/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-44 - Construction of Improvements Under Water Management Plan - Default of Contractor.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-44 - Construction of Improvements Under Water Management Plan - Default of Contractor.
|
Section 9-9-44
Construction of improvements under water management plan - Default of contractor.
If any contractor to whom said work shall have been let shall fail to perform the same according to the terms specified in his contract, the board of water management commissioners may declare the contract forfeited and shall have a right of action against the contractor and the sureties on his bond for the amount of damage sustained by it.
(Acts 1965, No. 685, p. 1246, §37.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-45/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-45 - Construction of Improvements Under Water Management Plan - Contractor's Right of En...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-45 - Construction of Improvements Under Water Management Plan - Contractor's Right of Entry Upon Lands, Etc.
|
Section 9-9-45
Construction of improvements under water management plan - Contractor's right of entry upon lands, etc.
In the construction of the works of improvement, the contractor shall have the right to enter upon the lands necessary for this purpose and the right to remove private or public bridges or fences and to cross private lands in going to or from the work. In case the right-of-way of the improvement is through timber, the owner thereof shall have the right to remove it if he so desires before the work of construction begins.
(Acts 1965, No. 685, p. 1246, §36.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-46/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-46 - Cost of Construction, etc., of Bridges and Culverts When Public Ditch, Drain or Wat...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-46 - Cost of Construction, etc., of Bridges and Culverts When Public Ditch, Drain or Watercourse Crosses Public Highway.
|
Section 9-9-46
Cost of construction, etc., of bridges and culverts when public ditch, drain or watercourse crosses public highway.
Where any public ditch, drain or watercourse established under the provisions of this article crosses a public highway at the intersection of such highway with a natural watercourse or swale through which water flows during a period of high water, the cost of bridges or of repairing or enlarging existing bridges and culverts or of constructing new ones shall be borne by the county in which such bridges are located or by such other authority as is required by law to maintain such highway so intersected, and such bridges or culverts shall thereafter be maintained by such county or other authorities. Where any public ditch, drain or watercourse established under the provisions of this article crosses a public highway at a point where such highway does not intersect a natural watercourse or swale, the cost of constructing the new bridge required shall be borne by the water management district, and such bridge or culvert shall thereafter be maintained by and at the expense of the county or such other authority required by law to maintain such highway so intersected.
(Acts 1965, No. 685, p. 1246, §39.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-47/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-47 - Construction of Improvements Crossing Railroad Right-of-Way.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-47 - Construction of Improvements Crossing Railroad Right-of-Way.
|
Section 9-9-47
Construction of improvements crossing railroad right-of-way.
After a district has let a contract for work which crosses or traverses a railway right-of-way and the actual construction is commenced, the engineer in charge of construction shall notify the railroad company of the probable time at which the contractor will be ready to enter upon the right-of-way of said road and construct the work thereon. It shall be the duty of the said railroad to send a representative to view the ground with the engineer and arrange the exact time at which such work can be most conveniently done. At the time agreed upon, the said railroad company shall remove its rails, ties, stringers and such other obstructions as may be necessary to permit the excavation or construction of the channel or other work of improvement across its right-of-way. The work shall be so planned and conducted as to interfere in the least possible manner with the business of the said railroad. In case the railroad company refuses and fails to remove its track or tracks so as to permit the construction of the work on its right-of-way and the passage of the necessary equipment of the contractor, it shall be held as delaying the construction of the improvement, and such company shall be liable to a penalty of $100.00 per day for each day of delay to be collected by the board of water management commissioners for the benefit of the water management district as in case of other penalties. Such penalty may be recovered in any court of competent jurisdiction and shall inure to the benefit of the water management district. Within 30 days after work is completed, an itemized bill for the actual expenses incurred by the railroad company for opening its tracks shall be made and presented to the engineer of the water management district. Such bills, however, shall not include the cost of constructing a new bridge or of strengthening or enlarging an old one except as provided in this article. The engineer shall audit this bill and, if found correct, approve the same and file it with the secretary of the board of water management commissioners who shall reimburse the said railroad company for such expense.
(Acts 1965, No. 685, p. 1246, §40.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-48/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-48 - Control and Supervision of Completed Improvements; Annual Tax for Repairs and Maint...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-48 - Control and Supervision of Completed Improvements; Annual Tax for Repairs and Maintenance; Payment of Costs of Repairs and Maintenance; Injury, Damage or Obstruction of Improvements.
|
Section 9-9-48
Control and supervision of completed improvements; annual tax for repairs and maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction of improvements.
Whenever any improvement constructed under this article is completed, it shall be under the control and supervision of the board of water management commissioners. It shall be the duty of said board to maintain the levees, ditches, drains, watercourses, floodwater retarding structures and any other improvements in good repair, and for this purpose the board of water management commissioners may annually levy a tax on the lands benefited by the construction of such improvement in the same manner as other water management taxes are levied, not to exceed 10 percent of the assessed benefits in any one year, and the fund that is collected shall be used for repairing and maintaining the ditches, drains, watercourses, floodwater retarding structures and other improvements in perfect order; provided, however, that if any repairs are made necessary by the act of negligence of the owner of any land through which such improvement is constructed or by the act of negligence of his agent, tenant or employee or if the same is caused by the cattle, hogs or other livestock of said owner, tenant, employee or agent, then the cost thereof shall be assessed and levied against the lands of the owner alone to be collected by proper civil action instituted by the water management commissioners; provided further, that when it shall become necessary to repair any railroad bridge or construct a new railroad bridge by reason of enlarging any watercourse or of excavating any canal intersection or by reason of wear and tear and natural deterioration of such bridge or structure, such repairs, maintenance and improvement shall be made at the expense of the said railroad. It shall be unlawful for any person to injure or damage or obstruct any improvements constructed under the provisions of this article without securing the prior written consent of the board of water management commissioners, and any person causing any injury, damage or obstruction or building any bridge, fence or floodgate without the consent of the board of water management commissioners shall be deemed guilty of a misdemeanor.
(Acts 1965, No. 685, p. 1246, §41.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-49/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-49 - Rights of Landowners as to Use of Drains, Watercourses, etc., as Outlets for Latera...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-49 - Rights of Landowners as to Use of Drains, Watercourses, etc., as Outlets for Lateral Drains From Lands.
|
Section 9-9-49
Rights of landowners as to use of drains, watercourses, etc., as outlets for lateral drains from lands.
The owner of any land that has been assessed for the cost of the construction of any ditch, drain, watercourse or other improvement as provided in this article shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from said land; and, if said land is separated from the ditch, drain, watercourse or other drainage improvement by the land of another or others and the owner thereof shall be unable to agree with said other or others as to the terms and conditions on which he may enter their lands and construct said drain or ditch, he may petition to condemn the same and the same proceeding shall be had as in cases of condemnation under the right of eminent domain. When the drain is constructed it shall become a part of the drainage system and shall be under the control of the board of water management commissioners and be kept in repair by the board as provided in this article.
(Acts 1965, No. 685, p. 1246, §42.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-50/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-50 - Annexation of Land to District.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-50 - Annexation of Land to District.
|
Section 9-9-50
Annexation of land to district.
Any body of land, however large, contiguous or adjacent to a water management district organized under this article may be annexed thereto and made a part thereof, the same as if originally included therein, upon petition of one third or more of the landowners owning 50 percent or more in acreage of the real property to be annexed or upon the petition of one half or more of the owners of the real property to be annexed owning more than one third of the area to be annexed. Such petition and all the proceedings relative thereto shall conform as nearly as may be with the provisions of this article for the filing of the petition for the organization of a water management district and shall be filed with the court of probate having jurisdiction over the district to which annexation is sought. Upon filing of such petition, the court shall direct the board of water management commissioners of said district to cause surveys and a report to be made by the district engineer or other competent authority as to whether or not the purposes of the petition for annexation can be accomplished and in what manner the works and property of the existing district would be affected and to file the report together with the recommendations of the board of water management commissioners thereon with the court of probate. Upon the filing of the report by the board of water management commissioners, notice shall be given by the court of probate as for a hearing of a petition for the organization of a district. Upon such hearing, if the court shall find that it will be for the public health, convenience or welfare to annex said lands and to carry out the purposes of the petition, it shall so order, and thereafter the land so annexed shall be considered and made a part of said district, and the board of water management commissioners shall provide for the treatment of the annexed lands by the improvement contemplated in the plan of water management or amendments thereto; provided, that if at this hearing objections to the proposed annexation shall be made by the owners of the land, either within the original boundaries of the district or within the tract proposed to be annexed, representing, respectively, one third of the landowners owning a majority of the acres or a majority of the landowners owning one third of the acres, it shall be the duty of the court to dismiss the petition for annexation and to levy an acre tax upon the lands described in the petition for annexation to reimburse the board of water management commissioners of said district for all expenses incurred in connection with the proceedings therefor. Such taxes when collected shall be delivered to the board of water management commissioners of said district.
(Acts 1965, No. 685, p. 1246, §44.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-51/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-51 - Organization of District Over Lands of Watershed Conservancy District.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-51 - Organization of District Over Lands of Watershed Conservancy District.
|
Section 9-9-51
Organization of district over lands of watershed conservancy district.
A water management district may be organized over the whole or any part of the lands covered by an existing watershed conservancy district organized under Sections 9-8-50 through 9-8-67; provided that:
(1) The soil and water conservation district supervisors and the directors of the watershed conservancy district concerned file no objection to the organization; and
(2) The water management district assumes any outstanding obligations and responsibilities of the watershed conservancy district.
When such water management district is established, it will supersede the watershed conservancy district, and the watershed conservancy district or that portion of the watershed conservancy district involved shall be dissolved and shall no longer be in effect over the area covered by the water management district.
(Acts 1965, No. 685, p. 1246, §46.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-52/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-52 - Organization of District Not to Preclude Inclusion of Lands in Another District, Et...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-52 - Organization of District Not to Preclude Inclusion of Lands in Another District, Etc.
|
Section 9-9-52
Organization of district not to preclude inclusion of lands in another district, etc.
The organization of any district or subdistrict under the provisions of this article shall not be construed to prevent inclusion of a whole or any part of the lands of any such district in another district and the taxing of such land to whatever extent the plan of water management may benefit such lands; provided, that due credit shall be given in the adjustment of benefits and damages for the benefits received from any existing works which may form a part of the plan of water management of such other district.
(Acts 1965, No. 685, p. 1246, §45.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-53/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-53 - Joint Works of Improvement With Adjoining States.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-53 - Joint Works of Improvement With Adjoining States.
|
Section 9-9-53
Joint works of improvement with adjoining states.
Whenever it may be desirable to construct, widen, deepen, straighten or otherwise change any ditch, drain, watercourse, floodwater retarding structure, levee or other works of improvement lying on or along, across or near the boundary line between the State of Alabama and an adjoining state or whenever it may be desirable to construct, repair or improve any works of improvement as provided for in this article, which ditch, drain, watercourse, floodwater retarding structure or other works of improvement cannot be constructed, repaired or improved in the best manner without affecting lands in such adjoining state, the board of water management commissioners of the district in which such work is located shall have authority to join with the proper officers of such adjacent county or counties or districts of other states in the construction, widening, deepening, straightening, repairing or improving of any such drain, ditch, watercourse, floodwater retarding structure or other works of improvement. Such water management commissioners of any district of this state are hereby given power jointly to enter into contracts with the proper officers of such county or counties or districts in adjoining states to construct, repair or improve any such works of improvement, each to pay such proportion of costs and expenses of the work as the contracting officials shall deem just. Such works of improvement shall be made on petition, as provided for in this article, and the provisions of this article, as far as applicable, shall govern the water management commissioners and other officers of this state in relation to such joint works of improvement.
(Acts 1965, No. 685, p. 1246, §47.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-54/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-54 - Procedure as to Warrants Not Paid Because of Lack of Funds.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-54 - Procedure as to Warrants Not Paid Because of Lack of Funds.
|
Section 9-9-54
Procedure as to warrants not paid because of lack of funds.
Any warrant issued under this article that is not paid when presented to the treasurer of the district because of lack of funds in the treasury shall be endorsed on the back of said warrant "not paid for lack of funds." Such warrant shall draw interest thereafter at the rate of six percent per annum until such time as there is money in hand to pay the amount of such warrant and the interest then accumulated. The treasurer shall list such warrants in the order in which they are presented and reserve the funds that may be collected for the payment thereof to be applied to the retirement of the warrants in such order. No such warrant shall draw interest after the time when sufficient funds are in the hands of the treasurer to pay such endorsed warrant and interest.
(Acts 1965, No. 685, p. 1246, §53.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-55/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-55 - Correction of Errors in Court Proceedings, Etc.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-55 - Correction of Errors in Court Proceedings, Etc.
|
Section 9-9-55
Correction of errors in court proceedings, etc.
The board of water management commissioners may petition the court; and, upon a proper showing, the court shall correct errors or omissions that may have occurred in any proceedings or decrees in relation to any district organized under this article; provided, that notice by publication as provided in this article shall be given to any person whose lands are affected by such proposed correction and that no other person or property shall be affected by such proceeding.
(Acts 1965, No. 685, p. 1246, §43.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-56/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-56 - Drainage Districts to Continue and Be Known as Water Management Districts; Petition...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-56 - Drainage Districts to Continue and Be Known as Water Management Districts; Petition Requesting Additional Powers; Notice to Landowners and Proceedings.
|
Section 9-9-56
Drainage districts to continue and be known as water management districts; petition requesting additional powers; notice to landowners and proceedings.
All drainage districts created under Title 2, Sections 208 through 262 of the 1940 Alabama Code, shall be known as water management districts and shall continue to carry out their drainage purposes under this article. In order for such existing districts to exercise the additional powers granted by this article, the commissioners of the districts must file a petition in the probate court requesting such additional powers. Proper notice must be given to landowners in the same manner as in the first instance of the creation of the district, and all other proceedings must be conducted insofar as possible in accordance with the procedures set forth for determining whether or not the district will be created in the first instance.
(Acts 1965, No. 685, p. 1246, §57.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-57/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-57 - Dissolution.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-57 - Dissolution.
|
Section 9-9-57
Dissolution.
Any district organized under this article may be dissolved by the court of probate having jurisdiction thereof whenever it shall appear to said court that the works thereof need no further care or maintenance to preserve their efficiency and usefulness, that the maintenance of the works are not further conducive to the public health, convenience or welfare and that all obligations of such district have been liquidated and fulfilled; provided, that the court shall not consider the dissolution of any district except upon the petition of two thirds of the owners of real property owning not less than two thirds of the area taxed. Upon the filing of such petition, the same notice shall be served and the same opportunity shall be given for objections to the dissolution of the district as provided in this article upon the filing of a petition for the organization of a district.
(Acts 1965, No. 685, p. 1246, §58.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-1/section-9-9-58/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 1 - Water Management Districts.›Section 9-9-58 - Construction of Article; Effect of Defect in Proceedings Upon Collection of Assessm...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 1 - Water Management Districts. › Section 9-9-58 - Construction of Article; Effect of Defect in Proceedings Upon Collection of Assessment; Remedies Provided in Article Exclusive.
|
Section 9-9-58
Construction of article; effect of defect in proceedings upon collection of assessment; remedies provided in article exclusive.
The provisions of this article shall be liberally construed to promote the storing of beneficial water, leveeing, ditching, draining and otherwise to provide protection from flooding of wet and overflowed lands, and for flood prevention or the conservation, development, utilization and disposal of water. The collection of the assessment shall not be defeated, when the proper notices have been given, by reason of any defect in the proceedings occurring prior to the order of the court confirming the final report of the viewers, but such order or orders shall be conclusive and final evidence that all prior proceedings were regular and according to law, unless they were appealed from. If on appeal the court shall deem it just and proper to release any person or to modify his assessment or liability, it shall in no manner affect the rights and legality of any person other than the appellant, and the failure to appeal from the order of the court within the time specified shall be a waiver of any illegality in the proceedings, and the remedies provided for in this article shall exclude all other remedies.
(Acts 1965, No. 685, p. 1246, §56.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-70/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-70 - Definitions.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-70 - Definitions.
|
Section 9-9-70
Definitions.
Whenever used in this article, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) COMMISSION. The county commission with the judge of probate as chairman.
(2) CHAIRMAN. The judge of probate acting as chairman of the county commission.
(3) SUBDISTRICT. A drainage subdistrict.
(4) ENGINEER. The agricultural engineer of the Alabama Extension Service.
(Acts 1936, Ex. Sess., No. 127, p. 83, §2; Code 1940, T. 2, §263.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-71/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-71 - Declaration of Benefits of Drainage, etc.; Declaration of Public Policy.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-71 - Declaration of Benefits of Drainage, etc.; Declaration of Public Policy.
|
Section 9-9-71
Declaration of benefits of drainage, etc.; declaration of public policy.
The establishing of proper control of surface waters upon the agricultural lands of the state through proper distribution and holding of said waters upon said land, the prevention of increased areas of wet, swamp or overflow lands through control of soil erosion and the filling of natural and artificial drains and the establishing of systems for the proper distribution and control of waters which, when uncontrolled, become overflow waters and the elimination of overflow lands are declared to be in promotion of the public health, in aid of agriculture and in interest of the general welfare and public convenience. Such work is also declared to be a necessary and publicly convenient part of or aid to the execution of the powers of the state contained in Amendments 15 and 22 to the constitution. It is further declared to be the adopted public policy of the state to cooperate with persons desiring to develop systems for such purposes and to aid and advise in such development and to provide for the economical and orderly organization of subdistricts for such purposes.
(1936, Ex. Sess., No. 127, p. 83, §3; Code 1940, T. 2, §264.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-72/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-72 - Counties Declared Drainage Districts; County Commission to Act as and Exercise Powe...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-72 - Counties Declared Drainage Districts; County Commission to Act as and Exercise Powers of Drainage or Water Management Commissioners.
|
Section 9-9-72
Counties declared drainage districts; county commission to act as and exercise powers of drainage or water management commissioners.
For the purpose heretofore expressed and the execution of the powers provided in this article, each county of the state is hereby declared to be and is hereby created a drainage district. The county commission with the judge of probate as chairman shall act as and exercise the powers of a board of drainage commissioners, or board of water management commissioners, and shall have control of the affairs of the district. This shall in no way affect drainage districts or water management districts organized under Title 2, Sections 208 through 262 of the 1940 Alabama Code or water management districts organized under Sections 9-9-1 through 9-9-58.
(Acts 1936, Ex. Sess., No. 127, p. 83, §4; Code 1940, T. 2, §265.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-73/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-73 - Powers and Duties of Commission and Officers or Directors of Subdistricts Generally...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-73 - Powers and Duties of Commission and Officers or Directors of Subdistricts Generally.
|
Section 9-9-73
Powers and duties of commission and officers or directors of subdistricts generally.
The county commission shall have control of the affairs of the county as such drainage district. No commissioner shall directly or indirectly be interested in any contract made by the county commission, save and except insofar as other land owners are benefited by the work constructed. They shall appoint and employ such agents and persons as they may deem necessary for the execution of the purposes expressed in this article, particularly operators of county controlled machinery and equipment, save and except they shall not become directly or indirectly employed by the county commission or by a subdistrict established by authority of this article. They shall have the right and authority to enter into contracts or other agreements with the United States government or any department thereof, with persons, firms or corporations, with the state government of any department thereof or with drainage, conservation or other improvement districts for cooperating or assisting in planning, constructing, maintaining, using and operating the work necessary to the execution of the policy adopted in this article and the purposes of this article. They may, upon written petition of the land owners, engage in or assist such owners in the location, construction or maintenance of any ditch, drain, terrace, embankment or outlet which may, in their discretion, be necessary to the accomplishment of the declaration of purposes expressed in this article. In the execution of the powers contained in this article, the county commission is authorized and empowered to use such machinery, equipment and materials as may be owned by the county or to provide by purchase, lease or rental such machinery, equipment and materials as may be necessary to accomplish the work to be done. By majority vote of the county commission, the county may lease or rent to an individual, a group of individuals or to any subdistrict the necessary machinery, equipment or materials for the necessary work; provided, that such lease or rental charges shall be on a fixed hourly basis and shall not be less than an amount sufficient to cover interest, average maintenance and amortization of the costs of such equipment as estimated by the county commission. The officers or directors of the subdistrict, as provided by the constitution and bylaws, shall collect from the individual owner or owners of the lands benefited an amount sufficient to pay the said lease or rental charges and all operating costs and expenses. Such amounts shall be collected in cash, in advance or as the work progresses, as agreed upon by the county commission and the officers or directors of the subdistrict. The constitution and bylaws of each subdistrict shall provide for a treasurer who shall be bonded at the expense of the subdistrict. He shall receive all funds collected by the subdistrict, pay all bills for operating costs and expenses, pay to the county treasury all lease or rental charges for machinery and equipment and make a proper accounting for all money received and disbursed. In case the county leases or rents such equipment to an individual or group of individuals not organized as a subdistrict, the lease or rental charges shall be paid as required by the county commission.
(Acts 1936, Ex. Sess., No. 127, p. 83, §5; Code 1940, T. 2, §266.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-74/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-74 - Establishment of Subdistricts - Jurisdiction, Authority, etc.; Purposes.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-74 - Establishment of Subdistricts - Jurisdiction, Authority, etc.; Purposes.
|
Section 9-9-74
Establishment of subdistricts - Jurisdiction, authority, etc.; purposes.
The county commission of any county, as a drainage district, shall have jurisdiction, power and authority to establish drainage subdistricts as provided in this article, to promote, aid and assist the purposes of drainage districts organized under Title 2, Sections 208 through 262 of the 1940 Alabama Code or water management districts organized under Sections 9-9-1 through 9-9-72 of this code by the development of systems for the prevention of soil erosion and surface waters control upon lands in and contiguous to and affecting the drainage of said district and to aid and assist land owners in providing for the prevention, elimination or control of overflow waters and wet, swamp and overflow lands by the proper distribution of surface waters or holding such waters upon the land from which it flows to or upon wet, swamp and overflow lands and to prevent and deter the filling of natural or artificial drains by soil erosion from the watersheds of such drains, with or without the organization of a drainage district under Title 2, Sections 208 through 262 of the 1940 Alabama Code or the organization of a water management district under Sections 9-9-1 through 9-9-74. In the exercise of such powers and authority it may locate, change, construct, maintain or cause to be located, changed, constructed or maintained any ditch, drain, terrace, embankment or outlet; provided, that the powers contained in this article shall not authorize said commission to act in conflict with the powers, authorities and purposes of Title 2, Sections 208 through 262 of the 1940 Alabama Code or Sections 9-9-1 through 9-9-72 as to any drainage district or water management district organized or to be organized thereunder.
(Acts 1936, Ex. Sess., No. 127, p. 83, §6; Code 1940, T. 2, §267.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-75/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-75 - Establishment of Subdistricts - Procedure.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-75 - Establishment of Subdistricts - Procedure.
|
Section 9-9-75
Establishment of subdistricts - Procedure.
(a) The establishment of a subdistrict shall be undertaken only upon the initiative of one or more of the land owners concerned. Such land owners shall file with the chairman, for which a fee of $1.00 shall be charged, a petition signed by three fourths of the land owners who own, control or operate all of the land involved. Said petition shall state the approximate boundaries of the proposed subdistrict, that the purpose of this article will be served by the drainage of such land or by the control of such surface waters and the name and last known address of each owner of land within the proposed subdistrict.
(b) When said petition has been filed, the chairman shall set a date for a hearing before him on said petition, not less than 10 nor more than 30 days after the date on which the petition is filed, and all owners of land within the proposed subdistrict shall be notified by personal service or by letter, postage prepaid and addressed to such owner at last known address not less than five days previous to the dates set for the hearing, stating the time, place and the nature of the hearing; provided, that nonresident land owners may be given such notice by registered or certified letter mailed to their last known address or by publication of such notice one time in some newspaper published in the county.
(c) If, upon such hearing, the chairman deems the proposed improvements feasible and desirable, he shall request the agricultural engineer of the Alabama Extension Service to make or cause to be made a survey of the proposed subdistrict and to file with the chairman a map, a description of the work to be done, a recommended plan, an estimate of the cost of the work and an estimate of the benefits to accrue by reason of the improvements to the land of each owner of land within the proposed subdistrict.
(d) When the engineer's report has been filed, the chairman shall set a date for a hearing before the county commission and notify each owner of land within the proposed subdistrict as provided in this section. At this hearing a full report of the engineer's survey shall be made by the engineer or some one designated by him. If, upon said hearing, the county commission or a majority thereof are of the opinion that the proposed subdistrict is feasible and desirable, it shall order the same duly established; otherwise, it shall dismiss the petition. The order of the county commission in establishing a subdistrict or in approving assessments as provided in Section 9-9-76 shall have all the force and effect of a judgment.
(Acts 1936, Ex. Sess., No. 127, p. 83, §7; Code 1940, T. 2, §268.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-76/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-76 - Entry, Approval, etc., of Assessments Against Lands for Improvements; Proceedings a...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-76 - Entry, Approval, etc., of Assessments Against Lands for Improvements; Proceedings as to Delinquencies.
|
Section 9-9-76
Entry, approval, etc., of assessments against lands for improvements; proceedings as to delinquencies.
(a) When a subdistrict shall have been established by order of the county commission, the owners of land within the subdistrict shall, through their officers or directors and in keeping with the provisions of the constitution and bylaws of the subdistrict, fairly, justly and equitably, insofar as possible, prorate the costs of the improvements to be made and other necessary expenses and enter same as an assessment or assessments against the benefited land of each owner of land within the subdistrict. When such assessments shall have been approved by the county commission, they shall be filed with the chairman, and each assessment shall constitute a prior lien, subject only to state and county taxes, against the benefited land so assessed. Said assessments shall be due and payable as the work progresses.
(b) If any owner of land within such subdistrict shall fail to pay said assessment or assessments when due, the chairman may issue a certificate or certificates of indebtedness in the aggregate amount of said assessment or assessments against such benefited land, which certificate or certificates shall constitute a prior lien, subject only to state and county taxes, against such land. Said certificates may be prorated over a number of years not to exceed 10 years, may bear interest at a rate not to exceed five percent per annum and may be sold to any owner or owners of land in said subdistrict or to the investing public. Failure to pay any one of said certificates when due shall immediately render all outstanding certificates of indebtedness due and payable, and the county commission may order said benefited land sold to satisfy said prior lien. Ten days notice of the time and place of said sale shall be given by posting notices thereof at three public places, one of which shall be at the courthouse door, or by publication thereof once a week for two successive weeks in some newspaper published in said county. The proceeds of such sale shall be applied to the payment of costs and expenses of said sale, to the satisfaction of any prior liens provided for in this section, and any balance shall be paid to the owner of said land. In no case shall the total assessments against any tract of land within said district be more than 90 percent of the estimated benefits to accrue to said land by reason of the improvements as shown by the engineer's report, nor shall any tract of land be held liable for any assessment against any other tract of land within said subdistrict.
(Acts 1936, Ex. Sess., No. 127, p. 83, §8; Code 1940, T. 2, §269.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-77/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-77 - Objections to Establishment of Subdistrict or to Assessments Against Lands; Appeals...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-77 - Objections to Establishment of Subdistrict or to Assessments Against Lands; Appeals From Orders of Commission.
|
Section 9-9-77
Objections to establishment of subdistrict or to assessments against lands; appeals from orders of commission.
Any owner of land within a proposed subdistrict may file with the chairman objections in writing to the establishment of a subdistrict on or before the day set for hearing the engineer's report on the same. If such subdistrict is established by order of the county commission, said owner of land may within 10 days after the establishment of the subdistrict appeal from the order of the county commission to the circuit court, upon giving bond in a sum to be fixed by the county commission conditioned for the payment of costs if the appeal should be decided against the appellant. Any owner of land within a subdistrict may likewise file objections in writing to any assessment or assessments before the same shall have been approved by the county commission. If the county commission approves said assessment or assessments, said owner of land may appeal from the order of the county commission to the circuit court within the time and manner provided in this section for appeal from the order establishing the subdistrict. Such appeal in either case shall be taken and prosecution had as now provided by law. Such appeal shall be based and heard only upon the objections in writing filed by the complaining party, either as to issue of law or fact, as provided in this section and determined in a summary manner by the county commission, and no additional objections shall be considered by the court upon hearing of the appeal; provided, that nothing in this section shall be construed to authorize any appellant to stay the proceedings of a subdistrict or to prevent progress in the work of the subdistrict.
(Acts 1936, Ex. Sess., No. 127, p. 83, §9; Code 1940, T. 2, §270.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-78/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-78 - Right of Condemnation.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-78 - Right of Condemnation.
|
Section 9-9-78
Right of condemnation.
If it shall be necessary to acquire a right-of-way or an outlet over and through land affected by the improvements, then and in such event the power of eminent domain is hereby conferred, and such land may be condemned. The right of condemnation hereby conferred shall be invoked by application to the court of probate of the county in which the lands over which said right-of-way or outlet is desired are situated, and the same proceedings shall be had as in other cases of condemnation of lands for public uses as provided in this code, and such damages as may be awarded shall be paid by the other landowners in proportion to the assessments approved by the county commission against the benefits accruing to their lands by virtue of the improvements established in said subdistrict.
(Acts 1936, Ex. Sess., No. 127, p. 83, §10; Code 1940, T. 2, §271.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-79/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-79 - Costs and Expenses of Organization, Operation, etc., of Subdistricts.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-79 - Costs and Expenses of Organization, Operation, etc., of Subdistricts.
|
Section 9-9-79
Costs and expenses of organization, operation, etc., of subdistricts.
The terms "costs" and "expenses" as used in this article shall include all expenses incident to or necessary to organize, defend, promote, improve, operate, maintain or dissolve a subdistrict. Any funds advanced to set up and establish a subdistrict or proposed subdistrict shall become a charge against the lands involved and constitute a prior lien, subject only to state and county taxes, against said lands. Funds so advanced shall be accounted for in the total costs and proration of the same among the owners of land within a subdistrict. In case a petition for the establishment of a subdistrict is dismissed by the county commission, the same shall be due and collectible immediately on dismissal of a petition by the county commission.
(Acts 1936, Ex Sess., No. 127, p. 83, §11; Code 1940, T. 2, §272.)
|
https://law.justia.com/codes/alabama/title-9/chapter-9/article-2/section-9-9-80/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 9 - Water Management and Drainage.›Article 2 - Drainage Subdistricts.›Section 9-9-80 - Construction of Article; Effect of Defect in Proceedings Upon Collection of Assessm...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 9 - Water Management and Drainage. › Article 2 - Drainage Subdistricts. › Section 9-9-80 - Construction of Article; Effect of Defect in Proceedings Upon Collection of Assessments or Functioning of Subdistrict; Remedies Provided in Article Exclusive.
|
Section 9-9-80
Construction of article; effect of defect in proceedings upon collection of assessments or functioning of subdistrict; remedies provided in article exclusive.
The provisions of this article shall be liberally construed to promote the declared purposes thereof. The collection of any assessment or assessments or the desirable functioning of a subdistrict shall not be defeated when the notices authorized by this article have been given by reason of any defect in the proceedings accruing prior to the order of the county commission establishing the subdistrict or approving the assessments; but such order or orders shall be conclusive and final that all prior proceedings were regular and according to law, unless they were appealed from and finally held to be unlawful. Failure to appeal from the order or orders of the county commission within the time specified shall be a waiver of any illegality in the proceedings, and the remedies provided for in this article shall exclude all other remedies.
(Acts 1936, Ex. Sess., No. 127, p. 83, §12; Code 1940, T. 2, §273.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-1 - Establishment of State Agency Authorized and Directed.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-1 - Establishment of State Agency Authorized and Directed.
|
Section 9-10-1
Establishment of state agency authorized and directed.
In the interest of water conservation and land irrigation in that portion of Alabama known as the State of Alabama and for purposes of cooperation with any water authority or agency or any river area development authority or agency heretofore or hereafter created, there is hereby authorized and shall be established as provided in this article a state development agency constituting an irrigation district or districts for the State of Alabama. The agency, when incorporated in accordance with this article, shall be an instrumentality of the State of Alabama.
(Acts 1965, No. 827, p. 1549, §1.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-2 - County Resolutions Declaring Need for Incorporation of State Water Conservation and...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-2 - County Resolutions Declaring Need for Incorporation of State Water Conservation and Irrigation Agency, etc.; Membership of Corporation; Composition of Board of Directors; Qualifications, Election and Terms of Office of Board Members.
|
Section 9-10-2
County resolutions declaring need for incorporation of State Water Conservation and Irrigation Agency, etc.; membership of corporation; composition of board of directors; qualifications, election and terms of office of board members.
The organization and establishment of the agency shall be as follows:
(1) The county commission of any county or counties lying within the State of Alabama which may elect to come within the provisions of this article shall indicate its desire to participate therein by the adoption of an appropriate resolution declaring the need for the incorporation of a water conservation and irrigation agency, stating its intention to give financial assistance to projects of such agency and stating its desire to become a part thereof.
(2) Membership of the corporation shall consist of title holders to the land irrigated or proposed to be irrigated within the boundaries of the irrigation district or districts to be established, and such member water users shall elect by majority vote a board of directors to be composed of nine members. Members of the board of directors shall be selected from persons residing in and holding title to lands located within the irrigation district or districts or areas proposed for irrigation and who are persons active in municipal, industrial, agricultural, commercial or citizen organizations engaged in promoting comprehensive and unified development of the resources of the State of Alabama as a basis for its general economic growth. Three such members shall be elected for terms of two years, three for terms of four years and three for terms of six years. Thereafter all members shall be elected for terms of six years, but in all events such members shall continue in office until their successors are elected and qualified. Vacancies occurring on the board shall be filled in the same manner as the original appointments. Board members shall be eligible to succeed themselves.
(Acts 1965, No. 827, p. 1549, §2.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-3/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-3 - Procedure for Incorporation.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-3 - Procedure for Incorporation.
|
Section 9-10-3
Procedure for incorporation.
To become a corporation, members of the board of directors of the agency shall present to the Secretary of State an application signed by them which shall state:
(1) The name, official designation and official residence of each of the applicants together with a certified copy of the resolution, order or commission evidencing his right to office;
(2) The term of office of each of the applicants;
(3) The name of the proposed corporation;
(4) The location of the principal office of the proposed corporation; and
(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama.
The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds. If the Secretary of State, upon examination of the application presented to him, finds that it substantially complies with the requirements of this section, he shall receive and file said application and record it in an appropriate book of records in his office. When the application has been made, filed and recorded as provided in this section, the applicants shall constitute a corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article and shall record the certificate with the application. There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation provided for in this section.
(Acts 1965, No. 827, p. 1549, §3.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-4/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-4 - Election of Officers; Board Meetings; Records and Copies of Board Proceedings; Exer...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-4 - Election of Officers; Board Meetings; Records and Copies of Board Proceedings; Exercise of Corporate Powers; Compensation of Board Members.
|
Section 9-10-4
Election of officers; board meetings; records and copies of board proceedings; exercise of corporate powers; compensation of board members.
Upon completion of the membership of the board of directors and incorporation as provided in this article, the board members shall meet in an organizational session at the place of its main office and elect a chairman, vice-chairman, a secretary and a treasurer, but the office of secretary and treasurer may be held by the same person. The board shall set a regular time and place for its meetings, and a majority of its members shall constitute a quorum for the transaction of its business. All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well-bound book. Copies of such proceedings, when certified by the secretary of the corporation, shall be received in all courts as evidence of the matters and things therein certified. All powers of the corporation shall be exercised by the board of directors or pursuant to its authority, and no county commission shall have any power or authority over the board of directors.
Members of the board shall serve without compensation except reimbursement for actual traveling expenses and other necessary expenses incurred in their official duties, such expenses to be reimbursed from such funds as may be made available to the agency.
(Acts 1965, No. 827, p. 1549, §4.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-5/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-5 - Powers and Duties Generally.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-5 - Powers and Duties Generally.
|
Section 9-10-5
Powers and duties generally.
The corporation organized and established under this article shall have the following powers, subject only to the limitations described hereinafter:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) To adopt, use and alter a corporate seal which shall be judicially noticed;
(3) To maintain a principal office at a place named in its papers of incorporation and a suboffice or suboffices at such places as it may deem necessary;
(4) To enter into such contracts and cooperative agreements with federal, state and local governments, with agencies of such governments, with private individuals, corporations and associations and other organizations to do any act necessary or incidental to the performance of its duties and execution of its powers under this article;
(5) To sue and be sued in its own name;
(6) To enter into agreements with the United States government or its agencies or political subdivisions thereof, with municipalities and with public corporations concerning the sale and use of the water impounded by the United States government, management of the project, collection of charges for water issued to users and repayment costs of the project construction costs;
(7) To acquire, hold and dispose of real and personal property or any interests therein;
(8) To provide a water supply by impounding a stream or by development and use of wells by either construction, lease or purchase;
(9) To develop and operate an irrigation project, including the facilities necessary thereto, either by construction, lease or purchase;
(10) To provide for the control of floods by impounding surplus water or by other means to the extent that such work is economically feasible and desirable and not opposed to the need of water for irrigation;
(11) To provide for multiple purpose developments where such are feasible and not in conflict with need of water for irrigation use, including developments for water power and water for municipal and industrial uses;
(12) To establish rates for water sold to irrigators, municipalities, industries and other customers and authorize collections therefor, such rates to be determined on the basis of the revenue required to operate and maintain the development and for amortization of bonded indebtedness or for repayment to the United States government of the costs of the project when built and constructed with federal funds.
(13) To tax or assess the water user members' land for water charges, which include operation and maintenance annual costs and annual construction costs, which tax or assessment shall be equally prorated on the amount of water used and acreage irrigated or scheduled for irrigation within the irrigation district;
(14) To use such means as are necessary to control soil erosion and silt wherever a project facility or repayment of construction costs is endangered;
(15) To refuse to deliver water to any water user member who is delinquent in his project account or who refuses or fails to comply with rules and regulations of the irrigation project;
(16) To issue revenue bonds and refunding bonds;
(17) To exercise the right of eminent domain in the manner provided in Title 18; provided, that nothing in this article shall be construed to authorize the acquisition by eminent domain of any real property or rights owned or controlled by railroads or utilities, both public and private; and
(18) To accept gifts from any source whatsoever.
(Acts 1965, No. 827, p. 1549, §5.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-6/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-6 - Applications for Construction Permits; Duties of Commissioner of Conservation and N...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-6 - Applications for Construction Permits; Duties of Commissioner of Conservation and Natural Resources as to Granting of Permits, etc.; Enforcement of Compliance With Terms and Conditions of Permits.
|
Section 9-10-6
Applications for construction permits; duties of Commissioner of Conservation and Natural Resources as to granting of permits, etc.; enforcement of compliance with terms and conditions of permits.
(a) Before any construction work on any project may be undertaken by any corporation created under the terms of this article, said corporation shall apply to the Commissioner of Conservation and Natural Resources for a permit authorizing the proposed development. The corporation shall furnish with the application for permit the following information: preliminary plans consisting of maps, plats, plans and drawings showing the general features of the development or developments it proposes to make, with amount of water which will be required as related to the naturally available supply, the land areas and, if a multiple purpose project, the other clients which will benefit from the development and such other details as may be needed to make clear the extent and scope of the project.
(b) The Director of Irrigation in the Department of Conservation and Natural Resources shall assist in the preparation of the preliminary plans required to be submitted by subsection (a) of this section.
(c) The said Commissioner of Conservation and Natural Resources shall make or have made a study of the water needs of the project as compared to the available supply and as related to the existing or anticipated needs of other water users in the basin who may be affected by the proposed development, making use of such studies or open public hearings as may, in his judgment, be required. Based on his findings, authority to develop as proposed or as modified for the purpose of protecting and conserving water supplies for others shall be granted. It shall further be the duty of the said Commissioner of Conservation and Natural Resources to systematically check into the construction and operation of projects for which permits have been granted to ascertain if the corporation is complying with the terms and conditions of the permit.
(d) In the event the corporation is found not to be complying with the terms and conditions of the permit issued by the Commissioner of Conservation and Natural Resources, said Commissioner of Conservation and Natural Resources forthwith shall notify the corporation in writing in what manner the terms are being violated, and said corporation shall have 30 days after receipt of said notice to rectify or correct whatever violations are being committed. In the event corrections are not made at the end of the 30-day period or any extension of time which the Commissioner of Conservation and Natural Resources shall have the authority to give, the Commissioner of Conservation and Natural Resources shall file a complaint in proper form in the circuit court in the county or counties in which such violation is located for a court order making mandatory the correction which he deems necessary.
(Acts 1965, No. 827, p. 1549, §6.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-7/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-7 - Contracts for Construction Work and Purchases of Materials.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-7 - Contracts for Construction Work and Purchases of Materials.
|
Section 9-10-7
Contracts for construction work and purchases of materials.
All contracts for construction work and purchases of materials shall be awarded on the basis of competitive bids. Before construction is started on any project, the corporation shall advertise for sealed bids once each week for three consecutive weeks in a newspaper of general circulation in the county in which the project or undertaking is to be located and in such other publications as it may deem advisable. Such notices shall state that plans and specifications for the project are on file in the office of the corporation and the time and place for receiving and opening bids. All bids shall be opened publicly at the advertised time and place.
The contract shall be awarded to the lowest responsible bidder complying with the conditions of the invitations for bids unless the bid is found by the corporation to be unreasonable or it is found not to the best interests of the corporation to accept it. The bidder to whom the award is made shall be notified by telegram or letter at the earliest possible date. Should the successful bidder fail or refuse to sign the contract or make bond, the corporation may award the contract to the second lowest responsible bidder; and, upon the failure or refusal of the second lowest bidder to sign the contract or make bond, the corporation may award the contract to the third lowest responsible bidder.
If no bids are received at the time stated in the advertisement for bids or if the corporation finds that bids received are unreasonable and not to its best interest, the corporation may advertise for and seek other competitive bids, or it may direct that the work shall be done by negotiated contract under its direction and control. On any construction project done by negotiated contract, the corporation shall file plans and specifications and an itemized estimate of cost with the Department of Examiners of Public Accounts. Upon completion of the project by the corporation, the final total cost together with an itemized list of cost of any and all changes made in the original plans shall be submitted to the Department of Examiners of Public Accounts for its permanent record. This section shall not apply to routine maintenance or repair jobs done by maintenance men in the regular employ of the corporation.
(Acts 1965, No. 827, p. 1549, §8.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-8/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-8 - Bonds.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-8 - Bonds.
|
Section 9-10-8
Bonds.
The corporation is hereby authorized to provide by resolution for issuance of its bonds from time to time in an amount not to exceed $____ for any of its corporate purposes, including the refunding of its bonds. Such bonds may be used for paying in whole or in part the cost of the acquisition of necessary land or interests therein and the development of the resources of the area for purposes of irrigation and water conservation and expenses incidental thereto. It may secure such bonds by a pledge of all or any of the revenues which may now or hereafter come to the agency from any source, by a mortgage or deed of trust of the agency's land or any part thereof or by a combination of the two, and it may make such contracts in the issuance of its bonds as may seem necessary or desirable to assure their marketability.
No bond or other obligation of the corporation shall be deemed to be the obligation of or claim against the state or any county or municipality therein.
(Acts 1965, No. 827, p. 1549, §9.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-9/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-9 - Counties and Municipalities Empowered to Contribute Money to Work of Agency and to...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-9 - Counties and Municipalities Empowered to Contribute Money to Work of Agency and to Levy and Collect Ad Valorem Taxes for Such Purposes.
|
Section 9-10-9
Counties and municipalities empowered to contribute money to work of agency and to levy and collect ad valorem taxes for such purposes.
The counties and municipalities located within the boundaries of the irrigation district or districts to be established by the provisions of this article are hereby authorized and empowered to contribute to the work of the agency any amount or amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective counties or municipalities. Governing bodies of such counties or municipalities are hereby empowered to levy and collect ad valorem taxes within constitutional limits for such purposes, which are hereby declared to be for municipal and county public purposes.
(Acts 1965, No. 827, p. 1549, §10.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-10/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-10 - Annual Reports.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-10 - Annual Reports.
|
Section 9-10-10
Annual reports.
The board of directors of the agency shall report annually to the Governor of the State of Alabama and shall likewise report annually to the Examiner of Public Accounts, to the Commissioner of Conservation and Natural Resources and to the governing bodies of the counties and of the incorporated municipalities located within the established boundaries of the irrigation district or districts coming within the provisions of this article.
(Acts 1965, No. 827, p. 1549, §11.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-11/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-11 - Cooperation and Assistance of Other State Agencies.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-11 - Cooperation and Assistance of Other State Agencies.
|
Section 9-10-11
Cooperation and assistance of other state agencies.
All agencies of the State of Alabama are hereby authorized and directed to extend their cooperation and to lend assistance to the agency in the formulation and implementation of a development program for irrigation and water conservation.
(Acts 1965, No. 827, p. 1549, §12.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-12/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-12 - Officers of Corporation Not to Be Interested in Contracts, etc.; Penalty.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-12 - Officers of Corporation Not to Be Interested in Contracts, etc.; Penalty.
|
Section 9-10-12
Officers of corporation not to be interested in contracts, etc.; penalty.
No officer of the corporation shall have any interest, directly or indirectly, in any contract awarded or to be awarded or in the profit to be derived therefrom. Any violation of this section shall constitute a misdemeanor and, upon conviction, shall work a forfeiture of office and shall be punishable by a fine not exceeding $500.00 or by imprisonment in the county jail not exceeding six months or by both fine and imprisonment.
(Acts 1965, No. 827, p. 1549, §13.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-13/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-13 - Construction of Terms Where Another State Agency Charged With Responsibility of De...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-13 - Construction of Terms Where Another State Agency Charged With Responsibility of Department of Conservation and Natural Resources.
|
Section 9-10-13
Construction of terms where another state agency charged with responsibility of Department of Conservation and Natural Resources.
In the event that a state agency other than the state Department of Conservation and Natural Resources may hereafter be charged with such responsibility as is in this article charged to the state Department of Conservation and Natural Resources, the term "Commissioner of Conservation and Natural Resources" wherever used in this article shall be construed to mean the executive head of the state agency so charged.
(Acts 1965, No. 827, p. 1549, §7.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-1/section-9-10-14/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 1 - Water Conservation and Irrigation Agency.›Section 9-10-14 - Provisions of Article Supplementary; Construction of Article.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 1 - Water Conservation and Irrigation Agency. › Section 9-10-14 - Provisions of Article Supplementary; Construction of Article.
|
Section 9-10-14
Provisions of article supplementary; construction of article.
This article shall be considered supplemental and additional to Sections 9-10-30 through 9-10-47 and to any and all other laws and confers sufficient authority in and of itself for the purposes set forth herein. It shall be liberally construed to effectuate its purposes of providing for and facilitating the development of an irrigation district or districts within this state.
(Acts 1965, No. 827, p. 1549, §14.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-30/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-30 - Resolution Declaring Need for Formation of Corporation; Appointment of Incorporato...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-30 - Resolution Declaring Need for Formation of Corporation; Appointment of Incorporators, Etc.
|
Section 9-10-30
Resolution declaring need for formation of corporation; appointment of incorporators, etc.
The county commission of any county of this state is hereby authorized to declare by the adoption of an appropriate resolution the need for the formation of a county water conservation and irrigation corporation or other such corporation as provided for in this article. Upon the adoption of such resolution the county commission shall appoint five persons, each of whom must be a duly qualified elector and property owner in the county, who shall form the board of directors of such corporation and shall proceed to organize such corporation.
(Acts 1955, No. 539, p. 1186, §1.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-31/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-31 - Certificate of Incorporation - Contents; Execution.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-31 - Certificate of Incorporation - Contents; Execution.
|
Section 9-10-31
Certificate of incorporation - Contents; execution.
(a) The certificate of incorporation of the corporation shall state:
(1) The names of the persons forming the corporation together with the residence of each thereof and a statement that each of them is a duly qualified elector of and property owner in the county;
(2) The name of the corporation;
(3) The location of its principal office, which shall be in the county seat of the county; and
(4) Any other matters relating to the corporation which the incorporators may choose to insert and which shall not be inconsistent with this article or with the laws of the state.
The name designated for the corporation in the certificate of incorporation shall be one indicating the purpose thereof, such as "_____ County Water Conservation and Irrigation Corporation" or some other name of similar import.
(b) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments of deeds, and the certificate of incorporation shall have attached thereto a certified copy of the resolution provided for in Section 9-10-30 and a certificate by the Secretary of State that the name proposed for the corporation is not identical with that of any other corporation in the state or so nearly similar thereto as to lead to confusion and uncertainty.
(Acts 1955, No. 539, p. 1186, §2.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-32/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-32 - Certificate of Incorporation - Filing.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-32 - Certificate of Incorporation - Filing.
|
Section 9-10-32
Certificate of incorporation - Filing.
The certificate of incorporation with the documents attached shall be filed with the judge of probate of the county and the Secretary of State, who shall forthwith receive and record the same. When such certificate is so filed the corporation referred to therein shall come into existence and shall constitute a body corporate and politic, vested with the rights and powers granted in this article.
(Acts 1955, No. 539, p. 1186, §3.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-33/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-33 - Board of Directors and Officers.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-33 - Board of Directors and Officers.
|
Section 9-10-33
Board of directors and officers.
All powers of the corporation shall be exercised by the board of directors or pursuant to its authority. The directors shall be elected by the county commission for staggered terms of office as follows: two years, three years, four years, five years and six years. Thereafter the term of office of each director shall be six years. If any director resigns or dies or becomes incapable of acting as a director or ceases to reside in the county, the governing body shall elect a successor to serve for the unexpired term. Directors shall be eligible for reelection by the county commission to succeed themselves in office. A majority of the members of the board shall constitute a quorum for the transaction of business. The corporation shall have a president, a vice-president, a secretary and a treasurer, but the office of secretary and treasurer may be held by the same person. All officers shall be elected by the board. The members of the board and the officers shall serve without compensation, except that they may be reimbursed for actual expenses incurred in the performance of their duties. All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well-bound book. Copies of such proceedings, when certified by the secretary of the corporation under its seal, shall be received in all courts as evidence of the matters and things therein certified.
(Acts 1955, No. 539, p. 1186, §4.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-34/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-34 - Powers and Duties Generally.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-34 - Powers and Duties Generally.
|
Section 9-10-34
Powers and duties generally.
A corporation organized and established under the provisions of this article shall have the following powers, subject only to the limitations described in Section 9-10-35 following:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal and alter the same at pleasure;
(3) To maintain a principal office at the county seat and suboffices at such place or places within the county as it may designate;
(4) To sue and be sued in its own name;
(5) To enter into contracts and agreements or do any act necessary or incidental to the performance of its duties and execution of its powers under this article;
(6) To acquire, hold and dispose of real and personal property or any interests therein;
(7) To provide a water supply by impounding a stream or by development and use of wells by either construction, lease or purchase;
(8) To develop and operate an irrigation project, including the facilities necessary thereto, either by construction, lease or purchase;
(9) To provide for the control of floods by impounding surplus water or by other means to the extent that such work is economically feasible and desirable and not opposed to the need of water for irrigation;
(10) To provide for multiple purpose developments where such are feasible and not in conflict with need of water for irrigation use, including developments for water power and water for municipal and industrial uses;
(11) To establish rates for water and power sold to irrigators, municipalities, industries and other customers and authorize collection therefor, such rates to be determined on the basis of the revenue required to operate and maintain the development and for amortization of bonded indebtedness;
(12) To issue revenue bonds and refunding bonds in accordance with the provisions of this article;
(13) To promulgate such rules and regulations as may be required for the reasonable and efficient conduct of its business;
(14) To enter into agreements and contracts with agencies of the federal government in relation to any project or work undertaken or proposed by the corporation;
(15) To enter into agreements or contracts relating to irrigation with other similar corporations for the development of a common watershed where development for water power is not included; provided, that any such agreements must receive the prior approval of the Commissioner of Conservation and Natural Resources;
(16) To accept gifts from any source whatever; and
(17) To have and exercise the right of eminent domain in the manner provided in Title 18 of this code for the condemnation of private properties for public use.
(Acts 1955, No. 539, p. 1186, §5.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-35/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-35 - Applications for Construction Permits; Duties of Commissioner of Conservation and...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-35 - Applications for Construction Permits; Duties of Commissioner of Conservation and Natural Resources as to Granting of Permits, etc.; Enforcement of Compliance With Terms and Conditions of Permits.
|
Section 9-10-35
Applications for construction permits; duties of Commissioner of Conservation and Natural Resources as to granting of permits, etc.; enforcement of compliance with terms and conditions of permits.
(a) Before any construction work on any project may be undertaken by any corporation created under the terms of this article, said corporation shall apply to the Commissioner of Conservation and Natural Resources for a permit authorizing the proposed development. The corporation shall furnish with the application for permit the following information: Preliminary plans consisting of maps, plats, plans and drawings showing the general features of the development or developments it proposes to make, with the amount of water which will be required as related to the naturally available supply, the land areas and, if a multiple purpose project, the other clients which will benefit from the development and such other details as may be needed to make clear the extent and scope of the project.
(b) The said Commissioner of Conservation and Natural Resources shall make or have made a study of the water needs of the project as compared to the available supply and as related to the existing or anticipated needs of other water users in the basin who may be affected by the proposed development, making use of such studies or open public hearings as may, in his judgment, be required. Based on his findings, authority to develop as proposed or as modified for the purpose of protecting and conserving water supplies for others shall be granted. It shall further be the duty of the Commissioner of Conservation and Natural Resources to systematically check into the construction and operation of projects for which permits have been granted to ascertain if a corporation is complying with the terms and conditions of the permit.
(c) In the event any corporation is found not to be complying with the terms and conditions of the permit issued by said Commissioner of Conservation and Natural Resources, said Commissioner of Conservation and Natural Resources forthwith shall notify the corporation in writing in what manner the terms and conditions of the permit are being violated, and said corporation shall have 30 days after receipt of said notice to rectify or correct whatever violations are being committed. In the event corrections are not made at the end of the 30-day period or any extension of time which the said Commissioner of Conservation and Natural Resources shall have the authority to give, the Commissioner of Conservation and Natural Resources shall file a complaint in proper form in the circuit court in the county or counties in which such violation is located for a court order making mandatory the correction which he deems necessary.
(Acts 1955, No. 539, p. 1186, §6.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-36/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-36 - Issuance of Bonds; Issuance of Notes and Renewal Notes; Redemption of Notes or Bon...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-36 - Issuance of Bonds; Issuance of Notes and Renewal Notes; Redemption of Notes or Bonds; Liability on Notes or Bonds; Disposition of Proceeds From Sale of Bonds; Issuance of Interim Receipts, Etc.
|
Section 9-10-36
Issuance of bonds; issuance of notes and renewal notes; redemption of notes or bonds; liability on notes or bonds; disposition of proceeds from sale of bonds; issuance of interim receipts, etc.
(a) Any such corporation is hereby authorized to provide by resolution for the issuance of bonds of the corporation for any of its corporate purposes, including the refunding of its bonds. The principal of and the interest on any issue of such bonds shall be payable solely from, and may be secured by a pledge of, tolls, rentals, sales receipts and other revenues of all or any part of the project or projects financed in whole or in part with the proceeds of such bond issue or with the proceeds of bonds refunded or to be refunded by such issue. The proceeds of any such bonds may be used or pledged for the payment or security of the principal or of the interest on bonds and for the establishment of any or all reserves for such payment or security or for other corporate purposes as the corporation may authorize in the resolution authorizing the issuance of bonds or in the trust agreement securing the same. The bonds of each issue shall be dated, shall bear interest not in excess of six percent per annum, shall mature at such time or times, not exceeding 40 years from their date or dates as may be determined by the corporation and may be made redeemable before maturity, at the option of the corporation, at such price or prices and under such terms and conditions as may be fixed by the corporation prior to the issuance of the bonds. The amount of premium on any bond shall not cause the yield to be more than six percent per annum from the date of such bonds to the date of their redemption. The corporation shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the president of the corporation or shall bear his facsimile signature, and the official seal of the corporation or a facsimile thereof shall be impressed, imprinted, engraved or otherwise reproduced thereon. The official seal or a facsimile thereof shall be attested by the secretary of the corporation or shall bear his facsimile signature, and any coupons attached thereto shall bear the facsimile signature of the president of the corporation. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All bonds issued under the provisions of this article shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the corporation may determine; and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The corporation may sell such bonds in such manner and for such price as it may determine to be for the best interest of the corporation.
(b) The corporation shall have power from time to time, in anticipation of the issuance of bonds, to issue notes and from time to time to issue renewal notes maturing not later than three years from their respective dates in an amount not exceeding the amount of bonds issued under the provisions of this article. The authorization and issuance of such notes, the interest thereon, the rights of the holders thereof and the rights, duties and obligations of the corporation in respect thereto shall be governed by the provisions of this article with respect to the issuance of bonds, insofar as the same may be applicable.
(c) The corporation may, out of any funds available therefor, purchase notes or bonds, which shall thereupon be cancelled, at not more than the redemption price then applicable or, if not then redeemable, at a premium of not more than one percent of their face amount, plus accrued interest to the date of purchase.
(d) Neither the members of the corporation nor any person executing the notes or bonds shall be personally liable on the notes or bonds or be accountable by reason of the issuance thereof in accordance with the provisions of this article.
(e) The proceeds of the bonds of each issue shall be disbursed in such manner and under such restrictions as the corporation may provide in the resolution authorizing the issuance of the bonds or in the trust agreement, mentioned in this article, securing the bonds.
(f) Prior to the preparation of definitive bonds, the corporation may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The corporation may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds may be issued under the provisions of this article without obtaining the consent of any department, division, commission, board, bureau or agency of the state and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this article.
(Acts 1955, No. 539, p. 1186, §8.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-37/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-37 - Refunding Bonds.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-37 - Refunding Bonds.
|
Section 9-10-37
Refunding bonds.
(a) The corporation may provide by resolution for the issuance of refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds and, if deemed advisable by the corporation, for the additional purpose of constructing improvements, extensions or enlargements of the project or projects in connection with which the bonds to be refunded shall have been issued.
(b) The corporation is further authorized to provide by resolution for the issuance of its bonds for the combined purpose of:
(1) Refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereof and any interest accrued or to accrue to the date of redemption of such bonds and
(2) Paying all or any part of the cost of any additional project or projects.
(c) The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the corporation in respect to the same shall be governed by the provisions of this article insofar as the same may be applicable.
(Acts 1955, No. 539, p. 1186, §9.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-38/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-38 - Security for Bonds.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-38 - Security for Bonds.
|
Section 9-10-38
Security for bonds.
(a) At the discretion of the corporation, any bonds issued under the provisions of this article may be secured by a trust agreement by and between the corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement or the resolution providing for the issuance of such bonds, subject to the provisions of Section 9-10-35, may pledge or assign tolls, rentals, sales receipts or other revenues to which the corporation's right then exists or which may thereafter come into existence and the moneys derived therefrom and the proceeds of such bonds; provided, however, that the trust agreement or resolution shall not convey or mortgage any project or any part thereof.
(b) Such trust agreement or resolution providing for the issuance of bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the corporation in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation and insurance of the project or projects, the rates of tolls, rentals, sales receipts and other revenues to be charged, the payment, security or redemption of bonds and the custody, safeguarding and application of all moneys and provisions for the employment of consulting engineers in connection with the construction or operation of such project or projects. It shall be lawful for any bank or trust company incorporated under the laws of this state which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the corporation. Any trust agreement or resolution may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual rights of action by bondholders. In addition to the foregoing, any trust agreement or resolution may contain such other provisions as the corporation may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of any trust agreement may be treated as a part of the cost of the operation of the project or projects.
(c) Any pledge of tolls, rentals, sales receipts, other revenues or moneys made by the corporation shall be valid and binding from the time the pledge is made. The tolls, rentals, sales receipts, other revenues or moneys so pledged and thereafter received by the corporation, except that part of the tolls, rentals, sales receipts, other revenues or moneys which are necessary to maintain the project or projects in good operating condition or to pay the reasonable operating expenses of the corporation or any judgment rendered against it, shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the corporation, irrespective of whether such parties have notice thereof.
(d) Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the corporation. If such trust agreement should be offered for record it shall be filed and recorded without the payment of the mortgage tax required by Chapter 22, Title 40.
(e) The corporation may, at its discretion, enter into any supplement to such trust agreement, which supplement shall be governed, so far as may be, by the same provisions of this article as are applicable to the trust agreement.
(Acts 1955, No. 539, p. 1186, §10.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-39/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-39 - Investment in Bonds by State, Banks, Insurance Companies, etc.; Deposit of Bonds,...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-39 - Investment in Bonds by State, Banks, Insurance Companies, etc.; Deposit of Bonds, etc., With State or Municipal Officers or Agencies.
|
Section 9-10-39
Investment in bonds by state, banks, insurance companies, etc.; deposit of bonds, etc., with state or municipal officers or agencies.
Bonds issued by the corporation under the provisions of this article are hereby made securities in which the state and all political subdivisions of this state, their officers, boards, commissions, departments or other agencies, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest any funds including capital belonging to them or within their control.
The bonds or other securities or obligations are hereby made securities which properly and legally may be deposited with and received by any state or municipal officer or agency of the state for any purpose for which the deposit of bonds or other obligations of the state is now or hereafter may be authorized by law.
(Acts 1955, No. 539, p. 1186, §11.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-40/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-40 - Bonds, etc., Not Obligations of State or Counties.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-40 - Bonds, etc., Not Obligations of State or Counties.
|
Section 9-10-40
Bonds, etc., not obligations of state or counties.
No bond or other obligation of such a corporation shall be deemed to be the obligation of or a claim against the state or a county thereof.
(Acts 1955, No. 539, p. 1186, §12.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-41/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-41 - Bonds, etc., Exempt From Taxation.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-41 - Bonds, etc., Exempt From Taxation.
|
Section 9-10-41
Bonds, etc., exempt from taxation.
The exercise of the powers granted by this article will be in all respects for the benefit of the people of the state for the purpose of conserving natural resources, for the increase of commerce and prosperity and for the improvement of health and living conditions. Since the operation and maintenance of projects authorized by this article will constitute the performance of essential functions, the bonds authorized by this chapter and the income therefrom and all mortgages executed as security therefor shall be exempt from all taxation in the State of Alabama.
(Acts 1955, No. 539, p. 1186, §18.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-42/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-42 - Leases, Conveyances, etc., of Real Property by Counties, Cities, Public Department...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-42 - Leases, Conveyances, etc., of Real Property by Counties, Cities, Public Departments, Etc.
|
Section 9-10-42
Leases, conveyances, etc., of real property by counties, cities, public departments, etc.
All counties, cities, towns and other political subdivisions and all public departments, agencies and commissions of the State of Alabama, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the corporation at its request, upon such terms and conditions as the proper authorities of such counties, cities, towns, political subdivisions and departments, agencies or commissions of the state may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the corporation, which real property may include public roads and other real property already devoted to public use.
(Acts 1955, No. 539, p. 1186, §13.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-43/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-43 - Contracts for Construction Work.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-43 - Contracts for Construction Work.
|
Section 9-10-43
Contracts for construction work.
Before construction is started on any project, the corporation shall advertise for sealed bids once each week for three consecutive weeks in a newspaper of general circulation in the county in which the project or undertaking is to be located. The corporation may also advertise in such other publications as it may deem advisable. Such notices shall state that plans and specifications for the project are on file in the office of the corporation and the time and place in which bids will be received and opened. All bids shall be opened publicly at the advertised time and place.
The contract shall be awarded to the lowest responsible bidder complying with the conditions of the invitations for bids, unless the corporation finds that his bid is unreasonable or that it is not to the interest of the corporation to accept it. The bidder to whom the award is made shall be notified by telegram or letter at the earliest possible date. Should the successful bidder fail or refuse to sign the contract or make bond, the corporation may award the contract to the second lowest responsible bidder. Should the second lowest bidder fail or refuse to sign the contract or make bond, the authority may award the contract to the third lowest responsible bidder.
Should no bids be received at the time stated in the advertisement for bids, the corporation may advertise for and seek other competitive bids or the corporation may direct that the work shall be done by negotiated contracts under its direction and control. If the corporation finds that all bids received are unreasonable and that it is not to the interest of the corporation to accept any of the bids, the corporation may direct that the work shall be done by negotiated contracts under its direction and control. On any construction project which the corporation has determined to do by negotiated contract, the corporation shall file plans and specifications and an itemized estimate of cost with the Department of Examiners of Public Accounts; and, upon completion of the project by the corporation, the final total cost together with an itemized list of cost of any and all changes made in the original plans and specifications shall be submitted to the Department of Examiners of Public Accounts for its permanent record. Upon approval of the corporation, its duly authorized officer or officers may, when proceeding on the basis of negotiated contracts, let any subdivision or unit of work by contract on receiving sealed bids in accordance with this section. This section shall not apply to routine maintenance or repair jobs done by maintenance men who are regular employees of the corporation.
(Acts 1955, No. 539, p. 1186, §14.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-44/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-44 - Projects to Be Maintained in Good Condition.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-44 - Projects to Be Maintained in Good Condition.
|
Section 9-10-44
Projects to be maintained in good condition.
Each project constructed or operated by such corporation shall be maintained and kept in good condition and repair.
(Acts 1955, No. 539, p. 1186, §15.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-45/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-45 - Officers of Corporations Not to Be Interested in Contracts, etc.; Penalty.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-45 - Officers of Corporations Not to Be Interested in Contracts, etc.; Penalty.
|
Section 9-10-45
Officers of corporations not to be interested in contracts, etc.; penalty.
No officer of the corporation shall have any interest, directly or indirectly, in any contract awarded or to be awarded or in the profit to be derived therefrom. The violation of this section shall constitute a misdemeanor and, upon conviction, shall work a forfeiture of office and shall be punishable by a fine not exceeding $500.00 or by imprisonment in the county jail not exceeding six months or both.
(Acts 1955, No. 539, p. 1186, §16.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-46/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-46 - Agents and Employees May Enter Lands, etc., to Make Surveys, Soundings, etc.; Reim...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-46 - Agents and Employees May Enter Lands, etc., to Make Surveys, Soundings, etc.; Reimbursement for Actual Damages.
|
Section 9-10-46
Agents and employees may enter lands, etc., to make surveys, soundings, etc.; reimbursement for actual damages.
The authorized agents and employees of the corporation may enter upon any lands, waters and premises in this state for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of this article, and such entry shall not be deemed a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may be then pending. The corporation shall make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities.
(Acts 1955, No. 539, p. 1186, §17.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10/article-2/section-9-10-47/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10 - Water Conservation and Irrigation.›Article 2 - Water Conservation and Irrigation Corporations.›Section 9-10-47 - Construction of Terms Where Another State Agency Charged With Responsibility of De...
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10 - Water Conservation and Irrigation. › Article 2 - Water Conservation and Irrigation Corporations. › Section 9-10-47 - Construction of Terms Where Another State Agency Charged With Responsibility of Department of Conservation and Natural Resources.
|
Section 9-10-47
Construction of terms where another state agency charged with responsibility of Department of Conservation and Natural Resources.
In the event that a state agency other than the state Department of Conservation and Natural Resources may hereafter be charged with such responsibility as is in this article charged to the state Department of Conservation and Natural Resources, the term "said Commissioner of Conservation and Natural Resources" wherever used in this article shall be construed to mean the executive head of the state agency so charged.
(Acts 1955, No. 539, p. 1186, §7.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-1/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-1 - Legislative Intent.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-1 - Legislative Intent.
|
Section 9-10A-1
Legislative intent.
Proper management of the watersheds of the state is necessary to insure the health, safety and welfare of our citizens. Improper land use and water use practices upon our watersheds have caused or contributed to and will continue to cause and contribute to critical flooding, erosion and pollution problems. Proper management of watersheds is necessary to provide an adequate supply of water for residential, agricultural and industrial uses, flood prevention and control, soil erosion prevention and control, agricultural and timber land protection, and wildlife habitat protection. The legislative intent of this chapter is to provide for the establishment of watershed management authorities, and to authorize said entities to protect and manage the watersheds of this state.
(Acts 1991, No. 91-602, p. 1119, §1.)
|
https://law.justia.com/codes/alabama/title-9/chapter-10a/section-9-10a-2/
|
AL
|
Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 10A - Watershed Management Authorities.›Section 9-10A-2 - Definitions.
|
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 10A - Watershed Management Authorities. › Section 9-10A-2 - Definitions.
|
Section 9-10A-2
Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning:
(1) WATERSHED MANAGEMENT AUTHORITY. A governmental subdivision of this state and a public body, corporate and politic, organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions set forth in this chapter.
(2) DIRECTOR. One of the members of the governing body of a watershed management authority.
(3) AT LARGE DIRECTOR. A director of a watershed management authority who may reside within any county that lies within the boundaries of the watershed management authority.
(4) RESIDENT DIRECTOR. A director of a watershed management authority who, pursuant to the requirements of this chapter, must reside in a particular county.
(5) BOARD OF DIRECTORS. The governing body of a watershed management authority.
(6) BOARD OF SUPERVISORS. The governing body of the soil and water conservation district in which a watershed management authority is situated or, if the watershed management authority is situated in more than one soil and water conservation district, the joint governing bodies of such districts.
(7) DUE NOTICE. Notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area or, if no such publication of general circulation is available, by posting notice in at least three public places in each county lying in whole or in part within the designated area. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.
(8) SOIL AND WATER CONSERVATION DISTRICT. A governmental subdivision of this state and a public body corporate and politic organized in accordance with the provisions of Article 2 of Title 9, for the purposes, with the powers and subject to the restrictions, set forth in said article.
(9) STATE. The State of Alabama.
(Acts 1991, No. 91-602, p. 1119, §2.)
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.