§ 11-88-41 — Legislative Findings and Declarations; Powers Granted Authorities by Article to Be Exercised Only in Resort Areas and with the Consent of County Governing Bodies

Alabama § 11-88-41

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 88: Water, Sewer and Fire Protection Authorities
• Art. 2: Construction of Sewage Treatment or Disposal Plants, Etc., in Resort Areas by Authorities

Text

(a) The Legislature hereby finds, determines, and declares that it is necessary and desirable that authorities whose service area includes a resort area be authorized to exercise the powers granted by this article, after proper action by a governing body or bodies, since the predominant use of improvements in such resort areas is seasonal and service use charges may not provide an adequate and feasible basis for financing such improvements.
(b) No authority shall exercise any of the powers granted in this article except in that part of its service area that is a resort area and then only if the governing body of each county in which any part of its service area is located has consented to the exercise of such powers, evidenced by the adoption of a resolution, spread upon its minutes, naming the authority, finding that its service area includes or constitutes a resort area (which shall be described in such resolution by a concise legal description), finding that no part of the resort area so described lies within the corporate limits of any municipality, and finding that it is necessary or desirable that the authority have and exercise such powers, and giving such consent. The findings so made by the governing body shall be conclusive for all purposes.

Legislative History

(Acts 1973, No. 826, p. 1293, §2.)