SB272INTRODUCED
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SB272
V7FW3PV-1
By Senators Williams, Sessions
RFD: Agriculture, Conservation, and Forestry
First Read: 01-Apr-25
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5 V7FW3PV-1 03/31/2025 ZAK (L)ZAK 2025-1438
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First Read: 01-Apr-25
SYNOPSIS:
Under existing law, a city council may establish
a board of water and sewer commissioners to administer
water and sewer systems for the city.
This bill would prohibit these boards from
restricting public recreation uses of a water body
owned or controlled by the board.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to boards of water and sewer commissioners; to
amend Section 11-50-343, Code of Alabama 1975; to prohibit the
boards from restricting public recreation uses of owned or
controlled water bodies; and to make nonsubstantive, technical
revisions to update the existing code language to current
style.
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style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-50-343, Code of Alabama 1975, is
amended to read as follows:
"ยง11-50-343
(a) Each board created under the provisions of this
article shall be deemed to be a public agency or
instrumentality exercising public and governmental functions
to provide for the public health and welfare, and each such
board is hereby authorized and empowered may do any of the
following:
(1) To adopt Adopt bylaws for the regulation of its
affairs and the conduct of its business ;.
(2) To adopt Adopt an official seal and alter the same
at its pleasure;.
(3) To maintain Maintain an office at such a place or
places within the city as it may designate ;.
(4) To sue Sue and be sued in its own name ;.
(5) To acquire Acquire, purchase, lease as lessee,
construct, reconstruct, improve, extend, operate, and maintain
any water system or part thereof or any sewer system or part
thereof or any combination thereof within or without or partly
within and partly without the corporate limits of the city,
and to acquire by gift, purchase, or the exercise of the right
power of eminent domain lands or rights in land or water
rights in connection therewith and to acquire such personal
property as it may deem necessary in connection with the
construction, improvement, extension, enlargement, or
operation of any water system or sewer system and to hold and
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operation of any water system or sewer system and to hold and
dispose of all real and personal property under its control;
provided, that any proceedings to acquire property by the
exercise of the power of eminent domain shall be conducted and
the compensation to be paid shall be ascertained and paid in
the manner provided by the laws of the state then applicable
which relate to condemnation or the exercise of the power of
eminent domain by such the city;.
(6) To issue Issue revenue bonds of the board for any
of its corporate purposes, such the bonds to be payable solely
from revenues, and to refund its bonds, all as provided in
this article;.
(7) To combine Combine the water system and the sewer
system as a single system for the purpose of operation and
financing;.
(8) To fix Fix and revise from time to time and charge
and collect rates, fees, and charges for the use of or for the
services and facilities furnished by any system operated by
the board;.
(9) To exercise Exercise jurisdiction, control, and
supervision over any water system or sewer system owned,
operated, or maintained by the board and to make adopt and
enforce such rules and regulations for the maintenance and
operation of any such system as may, in the judgment of the
board, may be necessary or desirable for the efficient
operation of such the system and for accomplishing the
purposes of this article ;.
(10) To make Make and enter into all contracts and
agreements as the board may determine which that are necessary
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agreements as the board may determine which that are necessary
or incidental to the performance of its duties and to the
execution of its powers under this article, and to employ such
consulting and other engineers, superintendents, managers,
construction and financial experts, accountants, and
attorneys, and such other employees and agents as it the board
may determine necessary in its judgment and to fix their
compensation; provided, however, that all such expenses shall
be payable solely from funds made available under the
provisions of this article;.
(11) To enter Enter upon, use, occupy, and dig up, with
the consent of the city, any street, alley, road, highway, or
other public places necessary to be entered upon, used, or
occupied in connection with the acquisition, construction,
improvement, maintenance, or operation of any water system or
sewer system;.
(12) To receive Receive and accept from any federal
agency grants for or in aid of the construction of any water
system or sewer system or part thereof and to receive and
accept aid or contributions from any source of either money,
property, labor, or other things of value to be held, used,
and applied only for the purposes for which such the grants or
contributions may be are made; and.
(13) To do Do all acts and things necessary or
convenient to carry out the powers expressly granted in this
article.
(b) All resolutions adopted or promulgated by the board
shall, as soon as practicable after their passage, shall be
recorded in a book kept for that purpose and be authenticated
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recorded in a book kept for that purpose and be authenticated
by the signature of the secretary or other administrative
officer authorized to authenticate such resolutions; and all
resolutions of a general or permanent nature shall be
published in some newspaper of general circulation in the
city, but if no such newspaper is published within the limits
of the city, suchthe resolutions may be published by posting
three copies thereof in three public places within the limits
of the city.
(c) A board may not in any way restrict the public's
recreational use of a water body, or portion thereof, owned or
controlled by the board, including for fishing and boating. "
Section 2. This act shall become effective on October
1, 2025.
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