Code of Alabama - Title 11: Counties and Municipal Corporations - Title 1 - Provisions Applicable to Counties Only
- Chapter 1 GENERAL PROVISIONS.
- Section 11-1-1 Number and names of counties
The state is divided into 67 counties, named: Autauga, Baldwin, Barbour, Bibb, Blount, Bullock, Butler, Calhoun, Chambers, Cherokee, Chilton, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert,...
- Section 11-1-2 County declared a body corporate
Every county is a body corporate, with power to sue or be sued in any court of record.
- Section 11-1-3 Jurisdiction over navigable streams not within limits of any county; execution of process on said streams
The jurisdiction over navigable streams not included within the limits of any county belongs to the county or counties whose jurisdiction extends to the margin...
- Section 11-1-5 Uniform designation for county governing bodies
(a) In order to eliminate confusion and to provide clarity and uniformity of designation, each county governing body in this state shall, after October 1,...
- Section 11-1-6 Transfer of money erroneously paid into county treasury, etc., to State Treasury
Whenever any money to which the state is entitled and which should be paid into the State Treasury is erroneously or wrongfully paid into the...
- Section 11-1-7 Appointment and use of public depositories; liability
(a) Upon the application of the county tax collectors, revenue commissioners, license commissioners, county treasurers, judges of probate, circuit court clerks, or registers of the...
- Section 11-1-8 Closing of county offices on legal holidays and for special circumstances; deadlines extended for filing documents
The county commission of any county in the State of Alabama may by resolution close the offices in the county courthouse or other county buildings...
- Section 11-1-9 Payment of costs of defense of lawsuits against county officials; validation of prior payments
(a) Any law to the contrary notwithstanding, the county commission of any county of the state of Alabama may, in its discretion, defray the costs...
- Section 11-1-10 Contracts with federal, state, and other county governments
(a) The county commission in addition to all other powers and authority is hereby authorized and empowered to enter into contracts, leases, compacts, or any...
- Section 11-1-11 Payment of membership fees in state organizations, etc., for sheriffs, tax assessors, tax collectors, circuit clerks and registers, license commissioners, etc
(a) The county commissions of the several counties of the state are hereby authorized to pay all dues, fees, and expenses of the sheriffs, tax...
- Section 11-1-12 Preparation, etc., of county assessment maps or plats
The county commissions shall have prepared county assessment maps or plats showing the county boundary lines, main creeks, rivers, railroads, exempt lands, public roads, schoolhouses,...
- Section 11-1-13 Alteration, etc., of precinct or beat lines or creation of new precincts or beats
The county commissions of the several counties of the State of Alabama may alter or rearrange the boundary of beat or precinct lines of their...
- Section 11-1-14 Provision of voting places where precinct or beat lines altered, etc., or new precincts or beats created
The county commissions of the several counties of the State of Alabama may provide voting places in all precincts or beats which have been established...
- Section 11-1-15 Authority to join national and state association of county commissions
(a) The county commission of each of the several counties of the state shall be authorized to join and to participate in a national and...
- Section 11-1-16 Warrants for borrowing purposes - Execution
All warrants issued under the provisions of this title for borrowing purposes shall be signed by the presiding officer of the county commission and by...
- Section 11-1-17 Warrants for borrowing purposes - Form of warrants, refunding warrants, coupons, etc
(a) Warrants. The warrants issued under this title for borrowing purposes may be substantially in the following form, which is declared to be sufficient: The...
- Chapter 2 BONDS OF COUNTY OFFICERS, EMPLOYEES, ETC., GENERALLY.
- Article 1 General Provisions.
- Article 2 Requirement of New or Additional Bonds.
- Section 11-2-20 Requirement of additional bonds of county officials, etc. - Authority
(a) Except where otherwise specifically provided by law for county taxing officials and judges of probate, the bond for each county official shall be one-half...
- Section 11-2-21 Requirement of additional bonds of county officials, etc. - Procedures
Whenever any county commission or county board of education, pursuant to this article, requires any additional bond from any county official, county employee, or employee...
- Section 11-2-22 Requirement of additional bonds for county officers whose terms extended - Authority; amount, conditions, effect, etc., of bonds generally
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-2-23 Requirement of additional bonds for county officers whose terms extended - Form and contents of requisition for county officer's bond; service of same
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-2-24 Requirement of additional bonds for county officers whose terms extended - When bond to be given; effect of failure to give bond and proceedings thereupon
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-2-25 Requirement of additional bonds for county officers whose terms extended - Failure of officer to file bond within prescribed time after approval
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-2-26 Requirement of additional bonds for county officers whose terms extended - Penalty, conditions, etc., of bond
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-2-27 Requirement of additional bonds for county officers whose terms extended - Effect of additional bond generally; remedies on additional bond
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-2-28 Requirement of additional bonds for county officers whose terms extended - Effect of execution of additional bond upon official bonds previously executed
In no case provided for under section 11-2-22 shall any of the official bonds previously executed be discharged; but each remains of the same force...
- Section 11-2-29 Requirement of additional bonds for county officers whose terms extended - Rights and remedies of sureties on bonds among themselves
In any case when an additional bond has been required, the sureties in either bond, who may have been compelled to make any payment thereon...
- Section 11-2-30 Proceedings as to sufficiency of bonds of certain county officers - Application by county freeholders for order requiring new bond
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-2-31 Proceedings as to sufficiency of bonds of certain county officers - Oath and bond of applicants
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-2-32 Proceedings as to sufficiency of bonds of certain county officers - Appointment of date for hearing of application; hearing; entry of order requiring officer to execute new bond
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-2-33 Proceedings as to sufficiency of bonds of certain county officers - Filing of application, order, and minutes of proceedings
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-2-34 Proceedings as to sufficiency of bonds of certain county officers - Proceedings upon failure of officer to execute new bond within prescribed time
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Chapter 2A COMPENSATION OF COUNTY OFFICIALS.
- Section 11-2A-1 Categorization of counties
(a) For purposes of determining the amount of annual compensation which a county shall pay to a county commissioner, a judge of probate, a sheriff,...
- Section 11-2A-2 Annual compensation of certain local officials
Effective October 1, 2000, the annual compensation which a county shall pay to a county commissioner, a judge of probate, a sheriff, a tax assessor,...
- Section 11-2A-3 Additional compensation
In addition to the salary provisions set out in Section 11-2A-2, the following shall apply: (1) Any full-time county commission chairperson in Category 4, 5,...
- Section 11-2A-4 Compensation increases
(a) After August 1, 2016, the local officials covered by this chapter shall be entitled to receive the same uniform increases in compensation, whether the...
- Section 11-2A-5 Relation to Section 40-6A-2
This chapter shall be read in pari materia with Section 40-6A-2. All compensation paid under the provisions of this chapter to tax assessors, tax collectors,...
- Section 11-2A-6 Increase to compensation exceeding minimums
Except for officials affected by subdivision (3) of Section 11-2A-2, no local official receiving compensation in excess of the minimums prescribed by general law on...
- Section 11-2A-7 Applicability of article
(a) This chapter shall not be applicable to local officials whose salaries, prior to March 8, 2000, are tied to the salaries of any state...
- Section 11-2A-8 Judge of probate - Income cap inapplicable
Any judge of probate on the fee system shall not be subject to any cap on income after October 1, 2000.
- Chapter 3 COUNTY COMMISSION.
- Article 1 General Provisions.
- Section 11-3-1 Qualifications of candidates for county commissioner; vacancies; composition of commission; meetings
(a) Any person who is a qualified elector of the county and has resided in the county for at least one year prior to the...
- Section 11-3-1.1 Authority of single-member district commissioners to alter district boundaries
(a) Following the release of any federal decennial census, any county commission of this state which is at that time electing its members from single-member...
- Section 11-3-1.2 Contesting county commission redistricting or reapportionment actions
Any legal action which contests or challenges the validity or any county commission redistricting or reapportionment action by a county commission pursuant to its authority...
- Section 11-3-3 Bond of commissioners
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-3-2 Eligibility of commissioners to serve on public boards, etc
(a) Subject to the restrictions of Section 280 of the Constitution of Alabama of 1901, and the laws of this state, any member of a...
- Section 11-3-4 Reimbursement of travel expenses of commissioners
Each member of the county commission, including the judge of probate when he or she serves as chair of the county commission shall be entitled...
- Section 11-3-4.1 Compensation of commissioners
(a) For the purposes of this section, Section 11-3-4, and Chapter 2A of this title, the following terms shall have the following meanings: (1) COUNTY...
- Section 11-3-5 Awarding of contracts, etc., with related family and business interests; employment of family members
(a) Except where a contract for goods or services is competitively bid regardless of whether bidding is required under Alabama's competitive bid law, no member...
- Section 11-3-6 Vacancies
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
- Section 11-3-7 Quorum
A majority of members serving on a county commission shall constitute a quorum. A judge of probate or chair elected countywide shall be considered a...
- Section 11-3-8 Scheduling of regular and special meetings
(a) At the first county commission meeting held pursuant to Section 11-3-1 following each election of county commissioners, the county commission shall establish the day...
- Section 11-3-8.1 Meetings when regular meeting day falls on holiday
Repealed by Act 2004-384, p. 639, §2, effective May 3, 2004.
- Section 11-3-9 Special meetings
Repealed by Act 2004-384, p. 639, §2, effective May 3, 2004.
- Section 11-3-10 Authority as to establishment, etc., of roads, bridges, ferries, etc
The county commission shall possess authority in relation to the establishment, change, or discontinuance of roads, bridges, causeways, and ferries within the county, except where...
- Section 11-3-11 Powers and duties generally
(a) The county commission shall have authority: (1) To direct, control, and maintain the property of the county as it may deem expedient according to...
- Section 11-3-11.1 Authorization, adoption, levy, assessment, collection, or enforcement of excise, privilege, or license taxes ratified
The action of the governing body of any county in levying, authorizing, adopting, assessing, collecting, and enforcing any excise, privilege, or license tax levied, assessed,...
- Section 11-3-11.2 Collection of local taxes - County commission
(a) The county commission may, by ordinance or resolution, administer and collect, or contract for the collection of, any local sales and use taxes or...
- Section 11-3-11.3 Collection of local taxes - Department of Revenue
(a) Counties may, upon request of the county commission, engage the Department of Revenue to collect and administer any county sales, use, rental, lodgings, tobacco,...
- Section 11-3-12 Designation of courthouse offices for installation of telephones
The county commission may designate which offices in the courthouse may have telephones installed therein.
- Section 11-3-13 Adoption of budget system for county; appropriation of funds for payment of actual expenses
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
- Section 11-3-14 Disposition of funds from special tax levy
The county commission may deposit any funds arising from any special tax levied to pay bonds issued by said county which are in excess of...
- Section 11-3-15 Operation, etc., of bridges over navigable, etc., streams - Authorized generally; expenditure of county funds therefor
The county commissions of the several counties of the State of Alabama are vested with the following authority in connection with and in addition to...
- Section 11-3-16 Operation, etc., of bridges over navigable, etc., streams - Joint operation, etc., by several counties
The several counties of the state through their respective county commissions shall have the authority to contract with each other on such terms or basis...
- Section 11-3-17 Operation, etc., of bridges over navigable, etc., streams - Authority where bridges in incorporated cities, towns, or municipalities
The several counties of the state, through their respective county commissions, shall be vested with the authority set out in sections 11-3-15 and 11-3-16 with...
- Section 11-3-18 Chief administrative officer
A county commission may employ a chief administrative officer, who shall carry out the administrative duties of the county and shall perform all of the...
- Section 11-3-19 Proceedings at meetings of county commission - Appointment of special clerk
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
- Section 11-3-20 Proceedings at meetings of county commission - Presiding officer
(a) The chair of the county commission shall preside over county commission meetings, provided however, the county commission may elect or authorize the chair to...
- Section 11-3-21 Statement of financial status - Required
As soon as practical after closing the fiscal year, but no later than December 31 of each year, the county commission shall have published in...
- Section 11-3-22 Statement of financial status - Compliance with publication requirement
If the county commission fails to make the publication required by Section 11-3-21, the district attorney may bring a civil action to compel compliance, and...
- Section 11-3-23 Semiannual publication of county receipts and expenditures - Penalty for failure to publish
Repealed by Act 2007-488, §2, effective September 1, 2007.
- Section 11-3-24 Replacement of destroyed record books
Repealed by Act 2007-488, §2, effective September 1, 2007.
- Section 11-3-25 Acquisition, etc., of copies of field notes of original government survey of county lands
The county commission is authorized to contract with the Secretary of State at an amount not greater than six and one-half cents per 100 words...
- Section 11-3-26 Supernumerary county commissioners
Repealed by Act 2007-488, §2, effective September 1, 2007.
- Section 11-3-27 Certain county commissions authorized to prohibit topless, bottomless, or nude dancing
(a) The county commission of any county in which a Class III municipality is located may pass an ordinance prohibiting topless, bottomless, or nude dancing...
- Article 2 Alabama Local Government Training Act.
- Article 3 Purchases of Approved Tangible Personal Property or Services.
- Chapter 3A ALABAMA LIMITED SELF-GOVERNANCE ACT.
- Section 11-3A-1 Short title
This chapter shall be known as "The Alabama Limited Self-Governance Act."
- Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope
(a) Except where otherwise specifically prohibited or provided for either heretofore or hereafter by general law or the constitution of this state and subject to...
- Section 11-3A-3 Adoption procedures for ordinances; administrative fees; penalties
(a) Following the notice requirements set out in subsection (b), the county commission, by majority vote, may adopt ordinances for the implementation and enforcement of...
- Section 11-3A-4 Alcoholic beverage licenses in Class 3 municipalities with elected county commission chair
(a) This section shall apply to any county with a Class 3 municipality that has an elected county commission chair. (b) All other provisions of...
- Section 11-3A-5 Referendum election to approve application of powers
The powers authorized under this chapter shall be effective in a county only after an affirmative vote of a majority of the qualified electors of...
- Section 11-3A-6 Referendum election to repeal application of powers
Except as provided in subsection (h) of Section 11-3A-2, the county commission of a county shall call for a referendum election on the repeal of...
- Section 11-3A-7 Savings provision
Act 562, 1953 Regular Session (Acts 1953, p. 799); Act 463, 1957 Regular Session (Acts 1957, p. 630); Act 716, 1957 Regular Session (Acts 1957,...
- Chapter 4 TREASURER OR DEPOSITORY.
- Article 1 General Provisions.
- Article 2 Treasurer.
- Section 11-4-20 Election; term of office
A county treasurer for each county having a population of more than 56,000 according to the 1930 federal census and not otherwise having a county...
- Section 11-4-21 Vacancies
Vacancies in the office of county treasurer shall be filled by appointment by the county commission, and the person appointed shall hold office for the...
- Section 11-4-22 Bonds
Before entering on the duties of his office, the county treasurer must give bond as provided by law, which bond shall be in a sum...
- Section 11-4-23 Duties generally
It shall be the duty of the county treasurer: (1) To receive and keep the money of the county and disburse the same as below...
- Section 11-4-24 Compensation
The county treasurer shall receive such compensation as may be allowed by the county commission, in no case exceeding two and one-half percent on the...
- Section 11-4-25 Transfer of balance of fine and forfeiture fund to general fund, etc
The county treasurer of any county in this state may transfer any balance on hand at the end of the fiscal year of the fine...
- Section 11-4-26 When claim to be paid though prior claims outstanding
The county treasurer must not refuse the payment of any lawful and valid claim for the reason that claims of prior registration have not been...
- Section 11-4-27 Books
The books of the county treasurer are to be provided at the expense of the county.
- Section 11-4-28 Recordation and posting of copy of annual account
The annual account of the county treasurer, when examined and approved by the county commission, must be recorded and a copy of the same posted...
- Section 11-4-29 Proceedings upon resignation, removal, death, etc., of treasurer
In case of the resignation, expiration of his term, or removal from office, the county treasurer, or if he dies his personal representatives, must state...
- Section 11-4-30 Settlement with county commission prior to leaving office
The treasurer of each county before going out of office shall make a settlement with the county commission of the county and shall pay over...
- Article 3 Depository.
- Section 11-4-40 Established
In all counties having a population of not more than 56,000 according to the 1930 federal census there shall be established a county depository in...
- Section 11-4-41 Selection
The county commission shall select as the county depository for the placing therein of county funds a qualified public depository under Chapter 14A of Title...
- Section 11-4-42 Bond or security
Repealed by Act 2000-748, p. 1669, §2, effective January 1, 2001.
- Section 11-4-43 Duties and liabilities generally
The county depositories shall be charged with all the duties and subject to the same liabilities insofar as the receipt, disbursement, and safekeeping of funds...
- Section 11-4-44 Compensation
The qualified public depository or depositories acting as county depositories pursuant to Section 11-4-41 shall not receive any compensation or commission or other allowance for...
- Section 11-4-45 Payment of moneys into depository; settlements and reports
All moneys heretofore required by law to be paid to the county treasurer shall be put into such bank or savings association, which is a...
- Section 11-4-46 Opening of accounts, disbursement of funds, etc.; statement of receipts and disbursements
Accounts shall be opened and kept in said bank in such manner and funds as such county commission may direct, disbursements to be made upon...
- Section 11-4-47 Civil actions and proceedings by and against depositories
County depositories may maintain all civil actions and proceedings of every kind which county treasurers may maintain and all civil actions and proceedings may be...
- Section 11-4-48 Execution of and liability upon warrants
All warrants drawn upon the depository must be signed by the probate judge of said county or the president of the county commission at the...
- Section 11-4-49 Treasurer appointed when no depository designated
If the county commission is unable to designate any depository for the county funds in its county by reason of its inability to secure from...
- Section 11-4-50 Performance of duties other than receipt and disbursement of funds
All acts required by law to be performed with respect to county funds other than the receipt and disbursement of county funds by the county...
- Chapter 5 CORONER.
- Article 1 General Provisions.
- Section 11-5-1 Election; term of office
A coroner for each county shall be elected by the qualified voters thereof and shall hold office for four years from the first Monday after...
- Section 11-5-2 Vacancies
Vacancies in the office of coroner shall be filled by appointment of the Governor and the person appointed shall hold office for the unexpired term...
- Section 11-5-3 Bond
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
- Section 11-5-4 Duty to hold inquests, etc
It is the general duty of the coroner to hold inquests and perform other duties as required by law.
- Section 11-5-5 When to discharge duties of sheriff generally
The coroner must discharge the duties of the sheriff: (1) When the office of sheriff is vacant and until his successor is qualified; (2) When...
- Section 11-5-6 When to act as keeper of jail
The coroner shall be keeper of the jail when the sheriff is imprisoned.
- Section 11-5-7 When to execute summons, writs, etc
When the sheriff is interested in any cause or proceeding, such interest not appearing on the face thereof, the judge of probate may on a...
- Section 11-5-8 Official acts valid through process directed to sheriff, etc
The validity of the coroner's official acts cannot be questioned upon the ground that the process is directed to any sheriff or that it does...
- Section 11-5-9 When additional bond required; effect of failure to give bond
When the coroner is required to discharge the duties of sheriff, the judge of probate may in his discretion require him to give an additional...
- Section 11-5-10 Special coroner - Appointment
The judge of probate has authority to appoint a special coroner: (1) When the coroner has not qualified or the office is vacant and the...
- Section 11-5-11 Special coroner - Duties
A special coroner must discharge the duties of the sheriff in such cases as the coroner is required and also when the sheriff and coroner...
- Section 11-5-12 Liability of coroner or special coroner for wrongful acts, etc., while discharging duties of sheriff
For the failure to perform any duty or the improper or neglectful performance of such duty or for any wrongful act committed under color of...
- Section 11-5-13 Applicability of provisions of article
The provisions of this article shall not apply to any county in which the coroner or other person performing the duties of coroner is governed...
- Article 2 Coroner's Training Commission; Standards and Qualifications.
- Section 11-5-30 Legislative findings; construction
(a) The Legislature hereby finds, determines, and declares all of the following: (1) An unattended and sudden death is one of society's most tragic events...
- Section 11-5-31 Alabama Coroner's Training Commission
(a) There is created the Alabama Coroner's Training Commission to be appointed as herein provided. Appointments to the commission shall be made as follows: (1)...
- Section 11-5-32 Conflicts of interest
(a) A coroner who owns, operates, is employed by, or otherwise has an interest in a funeral establishment is deemed to have a conflict of...
- Section 11-5-33 Coroner qualifications
(a) No person shall be eligible to hold the office of coroner unless he or she meets the following qualifications: (1) Is a citizen of...
- Section 11-5-34 Deputy coroners
The coroner of each county is authorized to appoint such deputy coroners as are needed, with the prior approval of the county commission. Any appointment...
- Section 11-5-35 Certification of death
Any coroner or deputy coroner shall have the authority to certify any death occurring within the boundaries of the State of Alabama providing that the...
- Section 11-5-36 Exceptions
(a) The following provisions of this article shall not apply to a doctor of medicine or a doctor of osteopathy licensed to practice medicine in...
- Article 3 Storage and Transportation of Bodies.
- Chapter 6 ENGINEER.
- Article 1 General Provisions.
- Article 2 Engineer Trainees.
- Section 11-6-20 Appointment; full-time office
The county commission or like governing body of each of the several counties shall be authorized to appoint an engineer trainee as assistant to the...
- Section 11-6-21 Qualifications
Any person appointed to the position of engineer trainee under the provisions of this article shall be a graduate engineer and a certified engineer intern...
- Section 11-6-22 Duties
It shall be the duty of the engineer trainee, appointed under provisions of this article, subject to approval and direction of the county commission or...
- Section 11-6-23 State participation in salary
(a) Upon application of the county commission or like governing body of the several counties of the state, the Department of Transportation shall participate in...
- Section 11-6-24 Considered county employee
Engineer trainees appointed under provisions of this article shall in all respects be considered as employees of the counties by which employed.
- Section 11-6-25 Provisions of article cumulative
The provisions of this article are cumulative and in addition to all other statutes providing for assistance to the several counties for the maintenance and...
- Chapter 7 SURVEYORS.
- Section 11-7-1 Number; qualifications, appointment, and term of office
The county commission is authorized to appoint two surveyors for the county, who shall hold office for the term of three years and until their...
- Section 11-7-2 Bond
The official bonds of county surveyors shall be $1,000.00, the premiums on said bonds to be paid by the persons making such bonds without expense...
- Section 11-7-3 Removal
The county commission has power to remove either or both such surveyors if satisfied the public good requires removal and, in the event of removal,...
- Section 11-7-4 Duties generally
It is the duty of the surveyor faithfully to execute and return all orders of survey directed to him from any court of record in...
- Section 11-7-5 Right of entry upon lands for execution of court ordered survey; penalty for obstruction of surveyor, etc
In the execution of an order of survey directed to him by any court, the surveyor and his assistants may, without the consent of the...
- Section 11-7-6 Fees for court ordered survey taxed as costs
When a survey is directed by any court of record, the fees of the surveyor are to be taxed in the bill of costs.
- Section 11-7-7 Oath of chain bearers; preparation and contents of plat of lands or lots surveyed
The surveyor must swear his chain bearers to perform their duties without favor or affection, and must make a plat of all lands or lots...
- Section 11-7-8 When survey or plat evidence of facts stated
A survey or plat of land made by a county surveyor, signed by him officially and stating the contents, courses, distances, and designation at the...
- Section 11-7-9 Liability for damages
A county surveyor is liable on his official bond, for any damages done by a wrongful survey or plat.
- Section 11-7-10 Rights as to fences or buildings not lost by straightening or location of section, etc., lines
When a survey of land is made by a county surveyor for the purposes of straightening or locating section or other lines, the owners of...
- Section 11-7-11 Right of entry upon lands for execution of surveys requested by interested persons
In making any survey of lands at the request of any person interested therein, the surveyor and his assistants may without the consent of the...
- Section 11-7-12 Compensation of surveyor, chain bearers, and markers
The county commission must fix the rates of compensation of the surveyor as well as that of his chain bearers and markers.
- Chapter 8 FINANCIAL AFFAIRS GENERALLY.
- Section 11-8-1 Fiscal year defined
For the purposes of this chapter the fiscal year shall begin October 1 and shall end September 30 following.
- Section 11-8-2 Purpose of chapter
It is the purpose of this chapter to vest in the county commission more efficient power and control over all public funds that may now...
- Section 11-8-3 Annual budget
(a) It shall be the duty of the county commission, at some meeting in September of each calendar year, but not later than October 1,...
- Section 11-8-4 Principal and interest on refunding warrants to constitute part of annual county operating budget; payment of same
Where counties issue or have heretofore issued refunding warrants in lieu of obligations outstanding, the interest of such outstanding warrants together with the principal thereof...
- Section 11-8-5 Temporary loans to constitute part of annual county operating revenue and expenses in budget; payment of same
In making up the budget provided for under this chapter the amount borrowed on temporary loans in anticipation of the collection of taxes to be...
- Section 11-8-6 Disposition of unexpended balances at end of fiscal year
At the end of every fiscal year any unexpended balances remaining in the several funds set up under the provisions of this chapter shall go...
- Section 11-8-7 Record of financial status - Required; contents; public examination
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
- Section 11-8-8 Record of financial status - Maintenance, etc
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
- Section 11-8-9 Authority to issue orders for warrants or checks
No warrant shall be issued or check drawn on the county treasury or county depository by any person except as authorized by the chair of...
- Section 11-8-10 Warrants or orders for payment of money not to be issued until funds available
No warrant or order for the payment of money shall be issued under authority of the county commission until funds are available for its payment...
- Section 11-8-11 Investment of surplus funds in United States securities
The county commission is hereby authorized to invest the remaining surplus in any fund, after the adoption of the budget or after provision has been...
- Section 11-8-12 Appropriations by counties to Lurleen B. Wallace Memorial Cancer Hospital Fund
Any county commission is hereby authorized to make appropriations to the Lurleen B. Wallace Memorial Cancer Hospital Fund, Inc., incorporated May 28, 1968.
- Section 11-8-13 Office supplies and ex officio fees of county officials
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
- Section 11-8-14 Appointment of officers and employees
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
- Section 11-8-15 Emergencies
In the event any situation resulting from an act of God or the public enemy over which the county commission has no control results in...
- Section 11-8-16 Applicability of provisions of chapter - County bonds
The provisions of this chapter shall not apply to county bonds now outstanding or that may be hereafter issued under authority of law.
- Section 11-8-17 Applicability of provisions of chapter - Public school funds
The provisions of this chapter shall not apply to public school funds administered by county boards of education by whatever name they may bear.
- Chapter 8A COUNTY BOND FINANCING REVIEW.
- Chapter 9 WARRANTS FOR UTILITY PURPOSES.
- Article 1 Warrants or Certificates of Indebtedness for Sanitary Sewer Systems.
- Section 11-9-1 "Special sanitary tax" defined; applicability of provisions of article
The term "special sanitary tax" wherever used in this article means any special annual ad valorem tax upon all taxable property in a county, the...
- Section 11-9-2 Authority for issuance; form, terms, denominations, etc.; sale and disposition of proceeds; pledge for payment of principal and interest generally
Each county which is now levying or may hereafter levy a special sanitary tax shall have the power from time to time to sell and...
- Section 11-9-3 Pledges of special sanitary tax for payment of principal and interest
The county commission of the county issuing any such warrants or certificates of indebtedness shall have the power to pledge and to use or cause...
- Section 11-9-4 Investment of trust funds in warrants or certificates of indebtedness
Unless otherwise directed by the court having jurisdiction thereof or by the document that is the source of authority, a trustee, executor, administrator, guardian or...
- Section 11-9-5 Issuance of refunding warrants and certificates of indebtedness
Each such county may in like manner from time to time issue refunding warrants and refunding certificates of indebtedness, either by sale or by exchange,...
- Article 2 Waterworks Systems Warrants.
- Section 11-9-20 Definitions
Wherever used in this article, unless a different meaning clearly appears in the context, the following terms shall be given the respective interpretations specified in...
- Section 11-9-21 Legislative intent; construction of article
It is the intention of the Legislature by the passage of this article to authorize each county in the state to finance the acquisition by...
- Section 11-9-22 Authority for issuance; form, terms, denominations, etc.; sale and disposition of proceeds; pledge for payment of principal and interest generally
Each county shall have the power from time to time to sell and issue interest-bearing warrants of such county for the purpose of paying costs...
- Section 11-9-23 Special pledges for payment of principal and interest
The county commission of the county issuing any such warrants may, in its discretion, assign and specially pledge for the payment of the principal of...
- Section 11-9-24 Issuance of refunding warrants
Each such county may in like manner from time to time issue refunding warrants, either by sale or by exchange, for the purpose of refunding...
- Section 11-9-25 Investment of trust funds in warrants
Unless otherwise directed by the court having jurisdiction thereof or by the document that is the source of authority, a trustee, executor, administrator, guardian or...
- Section 11-9-26 Issuance of warrants deemed to constitute audit and allowance of claim
The issuance of warrants and any interest coupons applicable thereto pursuant to the provisions of this article and in accordance with the authorization of the...
- Section 11-9-27 Exemptions from usury or interest rate statutes
Any warrants issued by a county under the provisions of this article for the purpose of paying costs of acquiring and providing waterworks systems are...
- Section 11-9-28 Provisions of article controlling; applicability of provisions of section 11-8-10
Insofar as the provisions of this article may be inconsistent with the provisions of any other law, the provisions of this article shall control, it...
- Chapter 10 MAKING OF LOANS IN ANTICIPATION OF TAXES.
- Chapter 10A LOANS IN ANTICIPATION OF TAXES WHEN NO ASSESSMENT.EXPIRED.
- Chapter 11 ISSUING OF WARRANTS IN ANTICIPATION OF GASOLINE TAXES.
- Section 11-11-1 Definitions
Where used in this chapter, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings: (1) COUNTY. Each...
- Section 11-11-2 Counties to which chapter applicable
The provisions of this chapter shall apply only to each county in this state during each fiscal year of the county next succeeding a fiscal...
- Section 11-11-3 Authority for issuance; form, terms, denominations, retirement, etc.; security for payment of principal and interest on warrants generally
The county commission of each such county, in addition to all other powers which it may now have, is hereby empowered from time to time...
- Section 11-11-4 Assignment and pledge of proceeds of share of highway gasoline tax for payment of principal and interest
As security for the payment of the principal of and interest on warrants issued under the provisions of this chapter, the issuing county is authorized...
- Section 11-11-5 Disposition of proceeds from sale of warrants
The proceeds derived from the sale of warrants issued under the provisions of this chapter, other than refunding warrants, shall be used for the construction,...
- Section 11-11-6 Issuance of refunding warrants
Any such county may from time to time sell and issue refunding warrants for the purpose of refunding the principal of outstanding warrants of that...
- Section 11-11-7 Warrants to be issued under chapter only by counties subject thereto; issuance of warrants by counties not subject to chapter
No county shall, in any fiscal year during which it is within the classification of counties specified in Section 11-11-2, issue any warrants in anticipation...
- Section 11-11-8 Exemption from usury and interest statutes
Any warrants issued by a county under the provisions of this chapter in anticipation of and payable solely out of that portion of the highway...
- Chapter 11A WARRANTS ISSUED IN ANTICIPATION OF AD VALOREM TAXES.
- Section 11-11A-1 Authorized; denominations, maturity, interest, price, etc.; anticipation of longer-term warrants
Any county in the state of Alabama, in addition to all other powers which it may now have, is hereby authorized and empowered from time...
- Section 11-11A-2 Assignment and pledge of tax proceeds for payment of principal and interest
As security for payment of the principal of and the interest on any warrants issued under the provisions of this chapter, the issuing county is...
- Section 11-11A-3 Issuance of refunding warrants
Any county in the state of Alabama may from time to time authorize, sell and issue refunding warrants for the purpose of refunding any outstanding...
- Section 11-11A-4 Exemption from usury or interest provisions
Any warrants issued by a county under the provisions of this chapter are hereby exempted from the laws of the state of Alabama governing usury...
- Section 11-11A-5 Provisions of chapter to control
Insofar as the provisions of this chapter may be inconsistent with the provisions of any other law, the provisions of this chapter shall control, it...
- Chapter 11B SECURITIES ISSUED IN ANTICIPATION OF GRANTS.
- Section 11-11B-1 Definitions
As used in this chapter, the following words and terms shall have the following respective meanings: (1) CONDITIONS OF A GRANT. The terms and conditions...
- Section 11-11B-2 Power and authority of grantees
Each grantee shall have the power, and, when approved by its governing body, the authority, to do or perform any one or more of the...
- Section 11-11B-3 Power and authority of counties and public corporations
Each county and each public corporation shall have the power and, when approved by its governing body, the authority, to do or perform any one...
- Section 11-11B-4 Securities; maturity, total principal amount, denomination and tenor, execution, etc.; coupons for interest
Securities issued under the authority of this chapter shall mature at such time or times as the governing body of the issuer shall determine, not...
- Section 11-11B-5 Exemption of securities from taxation
All securities issued by authority of this chapter and the interest thereon shall be exempt from all taxation in the state.
- Section 11-11B-6 Legal investment status of securities
Securities issued under the authority of this chapter shall be securities in which the state, the grantee, all counties and political subdivisions of the state,...
- Section 11-11B-7 Issuance of securities exempt from supervision and control
No proceeding, notice or approval shall be required for the issuance of any securities under this chapter. Neither a public hearing nor the consent of...
- Section 11-11B-8 Grant of additional authority; chapter not to repeal, restrict or modify any law
This chapter is intended to grant additional authority to grantees, counties and public corporations and shall not be considered to repeal, restrict or modify any...
- Chapter 12 CLAIMS AND DEMANDS AGAINST COUNTY.
- Section 11-12-1 Indemnification of owners for injuries, etc., caused by dipping of cattle - Authorized
The county commission may, in its discretion, indemnify from the funds of such county the owners of cattle for injuries, damages, or deaths caused by...
- Section 11-12-2 Indemnification of owners for injuries, etc., caused by dipping of cattle - Limitations of liability - Carelessness, etc., of owners or agents
No county shall be liable under the provisions of Section 11-12-1 for any injury, damage, or death which may be caused by the actual handling...
- Section 11-12-3 Indemnification of owners for injuries, etc., caused by dipping of cattle - Limitations of liability - Absence of inspector
No county shall be liable for injuries, damages, or deaths caused during the absence of the regularly qualified inspector commissioned by the State Board of...
- Section 11-12-4 Auditing, registration, and payment of claims generally; requirements as to bonds and interest coupons
The county commission must audit all claims against the county, and every claim or such part thereof as is allowed must be registered in a...
- Section 11-12-5 Claims to be itemized, registered and filed
No claim against the county shall be passed upon or allowed by the county commission unless it is itemized by the claimant or some person...
- Section 11-12-6 Verification of claims by executors, trustees, etc
When a claim is filed by an executor, administrator, guardian, or trustee, it may be verified by the affidavit of such executor, administrator, guardian, or...
- Section 11-12-7 Withdrawal of claims
If a claim is rejected or not allowed in full, the claimant may withdraw the same.
- Section 11-12-8 Limitation period for presentation of claims
All claims against counties must be presented for allowance within 12 months after the time they accrue or become payable or the same are barred,...
- Section 11-12-9 Claims to be registered when county records destroyed by fire
Claims against a county in which the records have been destroyed by fire are barred if not registered in the proper office of the county...
- Section 11-12-10 Review and determination as to authority for expenditure of public funds for payment of claims presented by chairman of commission, etc
It shall be the duty of the chairman of the county commission or such other officer as is authorized by law to draw county warrants...
- Section 11-12-11 Determination as to legal liability upon claims; rejection of claims
In making such determination with reference to the authorized expenditure of public funds of the county in payment of the claims so presented and filed...
- Section 11-12-12 Liability for approval of claims not legally chargeable to or payable from public funds
Should such officer draw a warrant upon the county treasurer or county depository in payment of a claim or claims not legally chargeable to or...
- Section 11-12-13 Utilities for courthouse offices
It is the duty of the county commission to provide proper utilities to all offices in the courthouse as may otherwise be authorized by law.
- Section 11-12-14 Books, stationery, telephones, etc., for probate judge, tax assessor, sheriff, etc
The judge of probate, the tax assessor, the tax collector, the sheriff, and the county treasurer or custodian must be allowed reasonable expenses for suitable...
- Section 11-12-15 Preferred claims and order of their priority; payment of same
(a) The following claims are declared to be preferred claims against the county, and they shall be given priority in the order named: (1) Costs...
- Section 11-12-16 Payment of equitable or moral claims against county
The county commission may appropriate from the general or special funds of the county such sums of money as such county commission shall determine from...
- Chapter 13 CODIFICATION AND PUBLICATION OF LAWS.
- Chapter 14 ACQUISITION, ERECTION, MAINTENANCE, ETC., OF BUILDINGS, PROPERTY, ROADS, ETC., GENERALLY.
- Section 11-14-1 Effect of deeds, grants, etc., to officers, etc., for use of county
All deeds, grants, or conveyances made to any officer or person for the use and benefit of the county vest in such county the title...
- Section 11-14-2 Custody of county property; conveyances of county property generally
The county commission shall have control of all property belonging to the county and may, by an order to be entered on its minutes, direct...
- Section 11-14-3 Conveyance of waterworks plants and distribution systems to municipal corporations
Any county in the state of Alabama now owning a waterworks plant and distribution system or portion thereof is hereby authorized to transfer or convey...
- Section 11-14-4 Erection and maintenance of county buildings generally
The county buildings are to be erected and kept in order and repair at the expense of the county under the direction of the county...
- Section 11-14-5 Payment to municipalities in which courthouses located of costs of improvements which benefit property of county
The county commission is hereby authorized, out of any road funds, to pay to the municipality in which the county courthouse is located, the reasonable...
- Section 11-14-6 Payment to cities or towns for improvements to sidewalks and streets around, etc., county buildings - Authorized
The county commission is hereby authorized and empowered to appropriate county funds not otherwise appropriated or set apart by law toward a partial payment of...
- Section 11-14-7 Payment to cities or towns for improvements to sidewalks and streets around, etc., county buildings - Appropriations for payment of cost of improvements - Generally
No appropriation made under the authority of Section 11-14-6 for improvements hereafter constructed shall exceed the cost of such improvement; provided, that where the county...
- Section 11-14-8 Payment to cities or towns for improvements to sidewalks and streets around, etc., county buildings - Ratification of and discharge from liability for prior payments
The county treasurer or other person exercising the functions of county treasurer of every county who has heretofore paid county money to any city or...
- Section 11-14-9 Custody of courthouse; prevention of trespasses
The county commission has charge of the courthouse and the sheriff, at the direction of the county commission, must prevent trespasses, and keep out intruders.
- Section 11-14-10 Duty to erect courthouses, jails, hospitals, and other county buildings
The county commission shall erect courthouses, jails, and hospitals and other necessary county buildings, and such county commission shall have authority to levy a special...
- Section 11-14-11 Special tax for erection, furnishing, maintenance, etc., of public buildings, bridges, or roads authorized; disposition of excess proceeds
The county commission may levy and collect such special taxes as it may deem necessary, not to exceed one fourth of one percent per annum,...
- Section 11-14-12 Location of courts and offices when courthouse damaged, destroyed, or undergoing repair
When the courthouse of any county is damaged or destroyed or is undergoing repair so as to interfere with the sittings of the courts or...
- Section 11-14-13 Construction and arrangement of county jail
The county jail must be of sufficient size and strength to contain and keep securely the prisoners which may be confined therein and must contain...
- Section 11-14-14 Levy of tax and issuance of proposals for erection or repair of county jail
It is the duty of the county commission, if there is not a sufficient jail in its county, to levy a county tax for the...
- Section 11-14-15 Failure to levy tax for erection or repair of county jail when necessary
If any county commission fails to levy a tax to erect or repair a county jail when necessary, the persons composing such county commission are...
- Section 11-14-16 Special tax for courthouse or jail; disposition of surplus
Whenever it shall be deemed necessary by the county commission of any county in this state to pay any debt or liability now existing against...
- Section 11-14-17 Levy of special taxes
In all cases in which the county commission is directed or empowered to levy a special tax for county purposes, such levy shall be made...
- Section 11-14-18 Exemption of securities from usury and interest statutes
Any securities issued by any county payable from or secured by a pledge of any part of the tax proceeds of the special tax authorized...
- Section 11-14-19 Special meeting of county commission to make special appropriations for jail - Notice and designation of meeting date
If there is a necessity, and delay until the regular meeting of the county commission may be of injury to the health of the prisoners...
- Section 11-14-20 Special meeting of county commission to make special appropriations for jail - Appropriation of funds and issuance of warrant to sheriff
Upon assembling, it is the duty of the county commission to make an appropriation of such an amount as is necessary for the purposes expressed...
- Section 11-14-21 Expenditure of funds by sheriff
The appropriation having been made and the sheriff having received payment thereof, it is his duty, so far as such appropriation will enable him, to...
- Section 11-14-22 Examination of jail
The chairman of the county commission and the probate judge are hereby authorized and empowered, once each week, without informing the sheriff or jailer of...
- Section 11-14-23 Acquisition of lands for drainage ditches, lime and stone quarries, etc
Counties may acquire by purchase or by condemnation land necessary for drainage ditches and borrow pits, lime and stone quarries, clay and clay pits, sand...
- Section 11-14-24 Conduct of condemnation proceedings
The condemnation proceedings for such land and materials shall be as is now provided by law for condemnation of land for public use.
- Chapter 15 PUBLIC BUILDING AUTHORITIES.
- Section 11-15-1 Definitions
The following words and phrases, including the plural of any thereof, wherever used in this chapter, shall in the absence of clear implication herein otherwise...
- Section 11-15-2 Legislative intent; construction of chapter
It is the intention of the Legislature by the passage of this chapter to authorize the incorporation in each county in which proceedings shall be...
- Section 11-15-3 Authority and procedure for incorporation
Whenever any number of natural persons, not less than three, shall file with the governing body an application in writing for authority to incorporate a...
- Section 11-15-4 Certificate of incorporation - Contents; approval
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...
- Section 11-15-5 Certificate of incorporation - Recordation
The certificate of incorporation with the documents attached shall be filed with the judge of probate of the county who shall forthwith receive and record...
- Section 11-15-6 Directors and officers; records of proceedings
The corporation shall have a board of directors which shall be composed of the number of directors provided in the certificate of incorporation. All powers...
- Section 11-15-7 Powers generally
The corporation shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have...
- Section 11-15-8 Leasing of projects to counties
The corporation and the county are hereby respectively authorized to enter into with each other one or more lease agreements whereunder a project shall be...
- Section 11-15-9 Warrants - Authority for issuance; form, terms, denominations, redemption, etc.; sale
The corporation is authorized to issue its interest-bearing revenue warrants for the purpose of acquiring, constructing, improving, enlarging, completing and equipping one or more projects....
- Section 11-15-10 Warrants - Notice of warrant resolution; actions to question proceedings for issuance; invalidate warrants, etc
Upon the adoption by the board of any resolution providing for the issuance of warrants, the corporation may, in its discretion, cause to be published...
- Section 11-15-11 Warrants - Execution and delivery
All warrants shall be signed by the president or vice-president of the corporation, and the seal of the corporation shall be affixed thereto and attested...
- Section 11-15-12 Warrants - Security for payment of principal and interest
The principal of and interest on the warrants shall be secured by a pledge of the revenues out of which the warrants shall be made...
- Section 11-15-13 Warrants - Disposition of proceeds from sale
The proceeds derived from the sale of any warrants (other than refunding warrants) may be used only to pay the cost of acquiring, constructing, improving,...
- Section 11-15-14 Refunding warrants
All or any warrants issued by the corporation may from time to time thereafter be refunded by the issuance of refunding revenue warrants of the...
- Section 11-15-15 Investment of county funds in warrants
The governing body is authorized in its discretion to invest in warrants of the corporation any idle or surplus money held in the county treasury...
- Section 11-15-16 Conveyance of property to corporation by county
The county is hereby authorized to convey to the corporation, with or without the payment of monetary consideration therefor, any property that may be owned...
- Section 11-15-17 Projects, income from leases, warrants, etc., exempt from taxation
Each project and the income from all leases made with respect thereto, the warrants issued by the corporation and the income therefrom and all lease...
- Section 11-15-18 Dissolution
At any time when the corporation does not have any warrants outstanding, the governing body may adopt a resolution, which shall be duly entered upon...
- Section 11-15-19 Construction of chapter
This chapter shall not be construed as a restriction or limitation upon any power, right or remedy which any county or any corporation now in...
- Chapter 16 RELOCATION OF COUNTY SEATS AND ERECTION OF NEW COURTHOUSES.
- Section 11-16-1 Petition of qualified electors for election to change county seat
A majority of the qualified electors of any county, except those counties that have built new courthouses in the past 20 years, may petition the...
- Section 11-16-2 Commissioners - Qualifications and appointment; notice of appointment
The Governor shall, within 30 days after the filing of the petition with him, appoint three commissioners for such election who shall be qualified electors...
- Section 11-16-3 Commissioners - Designation; chairman
The persons so appointed shall be known as the board of commissioners of county seat election, and the Governor shall designate one of them as...
- Section 11-16-4 Commissioners - Oath
Each of the persons appointed must, within 15 days after his appointment, take and file in the office of the Secretary of State an oath...
- Section 11-16-5 Commissioners - Commission
A commission shall issue in the usual form, accompanied by a copy of said petition certified to by the Secretary of State, on the payment...
- Section 11-16-6 Commissioners - Vacancies
If any person appointed commissioner shall fail or refuse to qualify or if any vacancy shall occur in the membership of said board at any...
- Section 11-16-7 Commissioners - Removal
If at any time it shall be made to appear to the governor that any commissioner has willfully neglected to discharge in good faith any...
- Section 11-16-8 Order establishing date for election - Issuance
Within 30 days after their appointment and qualification, said board of commissioners shall, in writing, order and fix the time for the holding of an...
- Section 11-16-9 Order establishing date for election - Form
The order may be substantially as follows: Order for county seat election. The State of Alabama, _____ County. A majority of the qualified electors of...
- Section 11-16-10 Notice of election
Said commissioners shall give notice of the date established for holding the election by publishing a copy of said order for four consecutive weeks in...
- Section 11-16-11 Inspectors, clerks, and returning officers - Appointment
Between 10 and 30 days prior to the day appointed for such election the said board of commissioners shall appoint three inspectors, two clerks, and...
- Section 11-16-12 Inspectors, clerks, and returning officers - Notice of appointment
Said board of commissioners shall notify or cause to be notified the persons so appointed as inspectors, clerks, and returning officers for each voting place...
- Section 11-16-13 Inspectors, clerks, and returning officers - Oath
Before entering upon their duties, the inspectors, clerks, and returning officers must take an oath to perform their duties pertaining to said election honestly, faithfully,...
- Section 11-16-14 Powers and duties of returning officers generally
The returning officer for each precinct or ward is clothed with all the power and charged with all the duties of a peace officer under...
- Section 11-16-15 Compensation of returning officers, inspectors, etc
Each returning officer, manager, or inspector shall receive as compensation for his services the same pay as is paid like officers of general elections, which...
- Section 11-16-16 Attendance at and opening of polls by inspectors, clerks, and returning officers
The inspectors, clerks, and returning officers thus appointed must meet at the place of holding elections in the several precincts or wards for which they...
- Section 11-16-17 Appointment of clerks, inspectors, etc., upon failure of others to attend
On the failure of any inspector or clerk to attend at the hour of 9:00 A.M., the inspector or inspectors present shall complete the number...
- Section 11-16-18 Opening of polls to be proclaimed prior to receipt of ballots
The inspectors, before they commence receiving ballots, must cause it to be proclaimed aloud at the place of voting that the election is opened.
- Section 11-16-19 Form of ballot
Each qualified elector shall be entitled to cast one ballot and no more, which ballot must be a paper ticket on which must be written...
- Section 11-16-20 Preparation of poll lists; numbering of ballots
The name of each elector whose ballot has been received must immediately be taken down by each clerk on separate lists, which shall be known...
- Section 11-16-21 Provision of certified lists of registered voters for inspectors; qualifications for voting
The judge of probate must furnish to the board of commissioners provided for in this chapter a duly certified list of the registered voters in...
- Section 11-16-22 Preparation and disposition of certified statements of votes and poll lists
Immediately on the closing of the polls, the inspectors must count the ballots and certify the number of votes cast "For removal to _____" and...
- Section 11-16-23 Receipt of returns, counting of votes, and declaration of election result
The board of commissioners shall meet at the courthouse of the county on the next day after the day on which such election is held...
- Section 11-16-24 Proceedings when returns destroyed, withheld, or delayed
If it shall be made to appear to said board that the returns from any precinct or ward are destroyed or withheld or the delivery...
- Section 11-16-25 Preparation, recordation, filing, and publication of certified copy of election result
The board of commissioners upon the conclusion of canvassing said returns shall certify in writing the result of said election, a copy of which shall...
- Section 11-16-26 Majority of commissioners or inspectors may act
Any duty required by this chapter to be performed by the said board of commissioners of county seat election may be performed by a majority...
- Section 11-16-27 Declaration of new county seat
If upon canvass of the returns of said election a majority of all the legal votes cast were in favor of the removal of the...
- Section 11-16-28 Acquisition of lands for new county seat; erection of courthouse and jail
The county commission shall then procure by donation or by purchase at the expense of the county suitable lots or parcels of land in such...
- Section 11-16-29 Removal of county offices, records, and prisoners to new courthouse and jail
When said courthouse shall be completed and ready for occupancy, the said county officers shall remove their offices and the records thereof to such offices...
- Section 11-16-30 Holding of court of record
Prior to the removal referred to in Section 11-16-29, all courts of record for the county shall be held at the original courthouse thereof. But...
- Section 11-16-31 County offices and courts to remain at old county seat until buildings provided at new site
All county officials who are required to hold their offices at the county seats shall have their offices and all courts held for such county...
- Section 11-16-32 Discretion of Governor as to petitions for removal of county seat; proceedings as to two or more petitions
The Governor shall not entertain any petition under Section 11-16-1 which he may have reason to believe is not made in good faith by persons...
- Section 11-16-33 Resolution of county commission for erection of courthouse on new site
Whenever the county commission of any county shall determine that it is advisable to erect a new courthouse for such county on a site in...
- Section 11-16-34 Ordering of election for determination as to erection of courthouse on new site
The county commission, after the passage of such resolution, shall order an election to be held in said county to determine whether or not the...
- Section 11-16-35 Notice of election
Notice of such election shall be given for 30 days by publication in a newspaper published in said county once a week for three successive...
- Section 11-16-36 Preparation, form, and marking of ballots
The ballot used at such election must be prepared by the probate judge and shall contain the words "For erection of courthouse on site _____"...
- Section 11-16-37 Qualifications and appointment of election managers and returning officers; laws governing elections
The probate judge, the circuit clerk, and the sheriff of said county, within 10 days after notice in writing to them of the calling of...
- Section 11-16-38 Erection of courthouse on new site
If at such election a majority of the qualified electors of the county voting at the election shall vote for the erection of a courthouse...
- Section 11-16-39 Subsequent elections not to be held within four years of preceding election
When one election has been held under this chapter, a subsequent election as to the same county shall not be held within four years thereafter.
- Section 11-16-40 Penalties for failure to perform duties required by chapter, etc
Any officer or person who shall willfully or corruptly fail to perform any duty required of him under any of the provisions of this chapter;...
- Chapter 17 BURIAL PLACES, GRAVEYARDS AND CEMETERIES.
- Section 11-17-1 Petition for appointment of commission to locate or enlarge, mark boundaries, etc., of burial places, graveyards or cemeteries
Five or more citizens may petition the judge of probate of any county in which any burial place, graveyard, or cemetery is located, requesting him...
- Section 11-17-2 Commission - Appointment; notice of appointment and issuance of commission to members
Upon the filing of such petition, the judge shall appoint a commission, not to exceed five nor less than three, to locate the boundaries, survey,...
- Section 11-17-3 Commission - Establishment and marking of boundaries; preparation and filing of reports
Within 60 days after their appointment, the commission shall meet at the proposed burial place, fix the boundaries and mark with posts, brick, stone, or...
- Section 11-17-4 Commission - Assessment and report of damages from taking of property, etc
The commission shall also assess the damages suffered by any person by reason of the taking of his property or injury thereto in locating and...
- Section 11-17-5 Recordation of proceedings upon payment of damages and costs
Upon the payment to the probate judge by the petitioners of the amount of damages assessed, together with the costs of the proceedings, the judge...
- Section 11-17-6 Dedication to public and use of burial place
After such proceedings are recorded, the burial place so located, bounded or enlarged as shown by such proceedings shall be thereafter dedicated to the public...
- Section 11-17-7 Appeals from assessment of damages - Authorized
Any party interested in such proceeding to locate and fix boundaries of burial places, as provided for in this chapter, may appeal to the probate...
- Section 11-17-8 Appeals from assessment of damages - Bond
Any person desiring to appeal as provided for in this chapter shall execute a bond in an amount to be fixed by the probate judge...
- Section 11-17-9 Appeals from assessment of damages - Establishment of date for hearing; summoning and empaneling of jurors; notice of hearing
On the approval of such appeal bond by the probate judge, he shall set a day for hearing the same, not less than 10 nor...
- Section 11-17-10 Appeals from assessment of damages - Conduct of hearing generally; establishment of damages by jury
On the hearing of such trial, the court shall cause an issue to be made between the parties interested to ascertain the amount of damages...
- Section 11-17-11 Appeals from assessment of damages - Entry of judgment for damages and costs
The court shall enter an appropriate order of judgment of the court based upon the verdict of the jury fixing the amount of damages and...
- Section 11-17-12 Property not deemed dedicated until damages and costs paid
The property set apart for burial places as provided in this chapter shall not be deemed as dedicated as provided in this chapter until all...
- Section 11-17-13 Preservation, repair, etc., of public or private burial places, etc., declared charitable purposes; conveyances, devises, etc., of burial places for such purposes deemed to create charitable trusts
The preservation, repair, and maintenance of public or private burial places or burial lots and the preservation, repair, maintenance, embellishment, improvement, and replacement of monuments...
- Section 11-17-14 Burial societies, cemeteries, etc., empowered to accept conveyances, devises, etc., and to act as trustees
Every burial society or burial association organized under the laws of this state and every corporation having power to act as trustee or engage in...
- Section 11-17-15 Trusts created by conveyances, devises, etc., may be perpetual; terms and conditions of same
Any trust created by any such conveyance, transfer, devise, or bequest may be perpetual or for any other length of time and may be made...
- Section 11-17-16 Validation, etc., of prior conveyances, bequests, etc
All conveyances, transfers, devises, and bequests for any purpose set out in section 11-17-13 made prior to July 2, 1931, are hereby validated, ratified, and
- Chapter 18 ACQUISITION, ETC., OF LANDS FOR PUBLIC PURPOSES, ETC.
- Article 1 General Provisions.
- Section 11-18-1 Authorized
The several counties of the state and the county commissions thereof, jointly, separately, and severally, are authorized with the approval of the governor but not...
- Section 11-18-2 Uses of lands
Such lands may be used, among other things, for the following public purposes: (1) For the recreation, health, and betterment of the people within the...
- Section 11-18-3 Board of trustees; trust fund; contributions by county, state, etc
The county commission is authorized, with the approval of the Governor, to appoint a board of three trustees for the acquisition and maintenance of said...
- Article 2 Acquisition of Lands for Public Parks or Recreational Purposes.
- Chapter 19 COMPREHENSIVE LAND-USE MANAGEMENT IN FLOOD-PRONE AREAS.
- Section 11-19-1 Definitions
For the purposes of this chapter, the following words and phrases unless otherwise clearly indicated shall have the following meanings: (1) COUNTY GOVERNING BODY. The...
- Section 11-19-2 Purpose of chapter
Because of the great financial and economic loss, as well as human suffering, caused by floods and flooding in this state and despite plans and...
- Section 11-19-3 Adoption of zoning ordinances and building codes for flood-prone areas outside municipalities
The county commission in each county of this state is hereby authorized and may adopt zoning ordinances and building codes for flood-prone areas which lie...
- Section 11-19-4 Land-use and control measures
Land-use and control measures shall provide land-use restrictions based on probable exposure to flooding. Measures specified in this section shall: (1) Prohibit inappropriate new construction...
- Section 11-19-5 Subdivision regulations generally
In addition to land-use restrictions commensurate with the degree of the flood hazards in various parts of the area, there shall be such subdivision regulations...
- Section 11-19-6 Building codes and health regulations
Building codes and health regulations shall include all applicable state and local provisions and shall cover all public and private construction and development in flood-prone...
- Section 11-19-7 Submission of plans and specifications for construction and development in flood-prone areas; issuance of permits and fees therefor; disposition of fees
The county commission desiring to participate in this program shall require every person, firm, corporation, or agency to submit plans and specifications for all proposed...
- Section 11-19-8 County planning commission - Creation; composition; qualifications, appointment, terms of office, removal and compensation of members; vacancies
The county commission may, by resolution or ordinance, create a county planning commission for the purpose of enforcing this chapter. The county commission shall appoint...
- Section 11-19-9 County planning commission - Adoption of bylaws; maintenance of record of transactions, etc.; officers; meetings; appointment of employees and staff; acceptance and expenditure of funds
The county planning commission shall adopt bylaws for the transaction of business and shall keep a record of its transactions, resolutions, findings, and determinations, which...
- Section 11-19-10 Powers and duties of planning commission generally; special surveys or studies; right of entry upon lands for preparation of examinations and surveys
(a) It shall be the function and duty of the county planning commission to make and maintain comprehensive surveys and studies of existing conditions and...
- Section 11-19-11 Subdivision regulations - Procedure for adoption; certification of adopted regulations to probate judge
The county commission is hereby authorized to enact an ordinance regulating the platting and recording of any subdivision of land as defined by this chapter...
- Section 11-19-12 Subdivision regulations - Scope and contents
In exercising the powers granted to it by this chapter, the county planning commission shall prepare and recommend to the county commission for adoption regulations...
- Section 11-19-13 Approval of plats of subdivision before recordation - When required
Whenever subdivision regulations have been adopted by the county commission as provided in Section 11-19-11, then no plat of a subdivision that lies within the...
- Section 11-19-14 Approval of plats of subdivision before recordation - Procedure for approval, etc
The county planning commission shall act to approve or disapprove a subdivision plat within 30 days after its submission; otherwise, such plat shall be deemed...
- Section 11-19-15 Transferring, sale, etc., of lands in subdivision prior to approval of plat
Whoever, being the owner or agent of the owner of any land located within a subdivision within the flood-prone areas transfers or sells or agrees...
- Section 11-19-16 Grant of zoning powers; scope of powers
For the purpose of promoting the health, safety, morals, convenience, order, prosperity, and general welfare of the state and counties, any county commission is hereby...
- Section 11-19-17 Manner in which territory zoned
For the purpose of providing for the division of the territory into districts, consonant with the conditions provided in this section, the county planning commission...
- Section 11-19-18 Procedure for preparation, adoption, amendment, etc., of zoning ordinance and map
(a) The planning commission shall have the duty of preparing a zoning plan, including both the written provisions of the ordinance and a map or...
- Section 11-19-19 County board of adjustment
In availing itself of the powers conferred by this chapter, the county commission shall provide for the appointment of a board of adjustment and may...
- Section 11-19-20 Appeals from final judgment of board of adjustment
Any party aggrieved by any final judgment or decision of a board of adjustment established pursuant to the provisions of this chapter may within 15...
- Section 11-19-21 Institution of actions to prevent, correct, etc., unauthorized construction of buildings, subdivision or use of lands, etc
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any subdivision is established or land used in violation...
- Section 11-19-22 Penalties for violations of provisions of chapter, ordinances, etc
Any person, firm, corporation or agency who, in violation of this chapter, fails to obtain the permit required herein or who violates any provision of...
- Section 11-19-23 Conflict of certain regulations under chapter with other local ordinances, regulations, etc
Wherever the regulations made under authority of this chapter require a greater width or size of yards or open spaces, or require a lower height...
- Section 11-19-24 Construction of chapter not to impair right of eminent domain, etc., granted to utilities
This chapter shall not be construed to impair the right of eminent domain granted heretofore or hereafter by the laws of this state to utilities,...
- Chapter 20 PROMOTION OF INDUSTRY AND TRADE.
- Article 1 Acquisition, Ownership, and Lease of Projects by Counties.
- Section 11-20-1 Definitions
Wherever used in this article, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, here...
- Section 11-20-2 Legislative intent; construction of article generally
(a) It is the intent of the Legislature by the passage of this article to authorize counties to acquire, own and lease projects for the...
- Section 11-20-3 Powers of counties as to acquisition, leasing, etc., of projects generally
(a) In addition to any other powers which it may now have, each county shall have the following powers: (1) To acquire, whether by construction,...
- Section 11-20-4 Requirements as to leasing of projects
Prior to the issuance of any bonds, the county shall lease the project to a lessee under an agreement providing for payment to the county...
- Section 11-20-5 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption, etc.; applicability of usury, etc., laws
All bonds issued by a county under authority of this article shall be limited obligations of the county, the principal of and interest on which...
- Section 11-20-6 Bonds - Security for payment of principal and interest; remedies upon default
The principal of and interest on any bonds issued under the authority of this article shall be secured by a pledge of the revenues out...
- Section 11-20-7 Bonds - Disposition of proceeds from sale
The proceeds from the sale of any bonds issued under authority of this article shall be applied only for the purpose for which the bonds...
- Section 11-20-8 Refunding bonds
Any bonds issued under this article and at any time outstanding may at any time and from time to time be refunded by a county...
- Section 11-20-9 Notice, consent, or approval of governmental body, etc., not to be required for issuance or sale of bonds or execution of mortgages
No notice to or consent or approval by any governmental body or public officer shall be required as a prerequisite to the sale or issuance...
- Section 11-20-10 Investment in bonds by savings banks and insurance companies
Bonds issued under the provisions of this article shall be legal investments for savings banks and insurance companies organized under the laws of this state.
- Section 11-20-11 Counties not to contribute costs of acquisition of projects or county lands therefor
No county shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a project...
- Section 11-20-12 Exemption from taxation of projects, bonds, etc
The bonds authorized by this article and the income therefrom, all mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof...
- Section 11-20-13 Construction of article
Neither this article nor anything herein contained shall be construed as a restriction or limitation upon any powers which a county might otherwise have under...
- Article 2 Industrial Development Boards.
- Section 11-20-30 Definitions
Whenever used in this article, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall...
- Section 11-20-31 Legislative intent; construction of article generally
(a) It is the intent of the Legislature by the passage of this article to authorize the incorporation in the several counties in this state...
- Section 11-20-32 Application for authority to incorporate; adoption, etc., of resolution by governing body authorizing incorporation; incorporation of more than one corporation
Whenever any number of natural persons, not less than three, shall file with the governing body of any county of this state an application in...
- Section 11-20-33 Certificate of incorporation - Contents; execution and acknowledgment
(a) The certificate of incorporation of any corporation organized under this article shall set forth: (1) The names and residences of the applicants together with...
- Section 11-20-34 Certificate of incorporation - Filing with probate judge; examination, approval, and recordation by probate judge
When executed and acknowledged in conformity with Section 11-20-33, the certificate of incorporation shall be filed with the judge of probate of the county. The...
- Section 11-20-35 Certificate of incorporation - Amendment
If any corporation formed under this article has accidentally or inadvertently failed to comply with the requirements of this article in its organization, such omission...
- Section 11-20-36 Board of directors
The corporation shall have a board of directors in which all powers of the corporation shall be vested and which shall consist of any number...
- Section 11-20-37 Powers generally; location and operation of projects
(a) The corporation shall have the following powers, together with all powers incidental thereto or necessary for the performance of those stated in this subsection:...
- Section 11-20-38 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption, etc.; refunding of bonds
All bonds issued by the corporation shall be payable solely out of the revenues and receipts derived from the leasing or sale by the corporation...
- Section 11-20-39 Bonds - Security for payment of principal and interest; remedies upon default
The principal of and interest on any bonds issued by the corporation shall be secured by a pledge of the revenues and receipts out of...
- Section 11-20-40 Bonds - Notice of resolution authorizing issuance of bonds; limitation period for actions, etc., as to validity of proceedings for issuance of bonds, etc
Upon the adoption by the board of directors of any resolution providing for the issuance of bonds, the corporation may, in its discretion, cause to...
- Section 11-20-41 Borrowing of money for temporary use and issuance of temporary revenue bonds or notes as evidence thereof
The corporation may, in addition to the other powers granted in this article, borrow money for temporary use for any of its corporate purposes and...
- Section 11-20-42 Liability of county upon bonds, obligations, agreements, etc., of corporations
The county shall not in any event be liable for the payment of the principal of or interest on any bonds of the corporation or...
- Section 11-20-43 Disposition of net earnings
The corporation shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit...
- Section 11-20-44 Conveyances, etc., of assets to corporations by other public corporations; assumption of obligations or indebtedness of corporations making conveyances, etc
Any public corporation organized pursuant to the provisions of any other law of this state may, either with or without the payment of pecuniary consideration,...
- Section 11-20-45 Authority and procedure for dissolution of corporations; disposition of funds and properties thereof upon dissolution
Whenever the board of directors of the corporation shall by resolution determine that the purposes for which the corporation was formed have been substantially complied...
- Section 11-20-46 Documents of corporations may be filed for record without payment of taxes or certain fees
The certificate of incorporation of the corporation or any amendment thereof, any deeds or other documents whereby properties are conveyed over to the corporation, any...
- Section 11-20-47 Exemptions of corporations - Taxation
The corporation, all properties at any time owned by it and income therefrom of the corporation, all bonds issued by the corporation and the income...
- Section 11-20-48 Exemptions of corporations - Usury and interest laws
Each corporation organized under the provisions of this article is hereby exempted from the laws of the State of Alabama governing usury or prescribing or...
- Section 11-20-49 Exemptions of corporations - Competitive bid laws
Each corporation organized under the provisions of this article, and all contracts made by such corporations, shall be exempt from the provisions and requirements of...
- Section 11-20-50 Construction of article
Neither this article nor anything contained in this article shall be construed as a restriction or limitation upon any powers which the corporation might otherwise...
- Article 3 Agricultural Authorities for Advancement of Humanities
- Section 11-20-70 Establishment of agriculture authority; application; articles of incorporation
(a) An agriculture authority may be established in any county to construct and operate facilities to promote agricultural businesses, operations, and commodities, workforce development, and...
- Section 11-20-71 Board of directors; officers; proceedings; qualifications of directors
(a) The board of directors of an agriculture authority shall be as specified in the articles and in accordance with Section 11-20-70. (b) Each agriculture...
- Section 11-20-72 Amending articles of authority
(a) The articles of an agriculture authority may at any time be amended in the manner provided in this section. The board of directors shall...
- Section 11-20-73 Powers of authority; execution of contracts; disposition of funds
(a) An agriculture authority shall have the following powers, which it may exercise in the agriculture authority's authorized operational area: (1) To have succession by...
- Section 11-20-74 Borrowing of money; security
(a) Subject to the conditions, qualifications, and restrictions set forth in subsection (b), an agriculture authority may borrow money from any person or governmental entity....
- Section 11-20-75 Advisory council
The board of directors of an authority may appoint an advisory council consisting of up to 10 members to advise the board. The advisory council...
- Section 11-20-76 Lease, sale, conveyance, etc., of property
The county of incorporation and each municipality in the county may lease, sell, donate, or otherwise convey to an agriculture authority real or personal property,...
- Section 11-20-77 Construction of article
This article shall not be construed to limit the right, power, or authority of any municipality to operate facilities similar to the facilities provided for...
- Section 11-20-78 Dissolution of authority
(a) An agriculture authority may be dissolved by the adoption by its board of directors of a resolution recommending its dissolution and the approval of...
- Section 11-20-79 Consumption of alcoholic beverages within agriculture center
An agriculture authority may permit the consumption of alcoholic beverages any day of the week, purchased from licensees of the Alcoholic Beverage Control Board, to...
- Section 11-20-80 Exemption from certain municipal ordinances and requirements
An agriculture authority is exempt from all municipal planning boards and municipal planning board requirements and all municipal zoning ordinances.
- Section 11-20-81 Exemption from certain taxes
(a) An agriculture authority is exempt from the payment of all state, county, and municipal sales and use taxes. (b) Any county or municipal sales...
- Chapter 21 ACQUISITION OF WATERWORKS PLANTS OR DISTRIBUTION SYSTEMS.
- Section 11-21-1 Power of counties to purchase
Any county in the state shall have the power and authority to purchase or acquire, and to operate, and to assume any indebtedness connected with,...
- Section 11-21-2 Power of municipalities to sell
Any municipality in the state shall have the power and authority to sell, convey, and transfer any waterworks plant or water distribution system, or both,...
- Section 11-21-3 Publication of notice
At least 30 days prior to the consummation of any such sale, conveyance, or transfer, the municipality shall cause to be published at least once...
- Section 11-21-4 No election required
No election of any nature shall be required for the exercise or implementation of any power or authority granted by this chapter.
- Chapter 22 PUBLIC PARK AND RECREATION BOARDS.
- Section 11-22-1 Definitions
For the purposes of this chapter, the following terms shall have the respective meanings ascribed by this section: (1) CORPORATION. Any corporation organized pursuant to...
- Section 11-22-2 Intent of Legislature
It is the intention of the Legislature by the passage of this chapter to promote the public health and general welfare by authorizing the incorporation...
- Section 11-22-3 Application for authority to incorporate; resolution of approval; incorporation of more than one corporation
Whenever any number of natural persons, not less than three, shall file with the governing body of any county of this state an application in...
- Section 11-22-4 Certificate of incorporation - Contents; execution
(a) The certificate of incorporation of any corporation organized under this chapter shall set forth: (1) The names of the applicants, together with a recital...
- Section 11-22-5 Certificate of incorporation - Filing and recording
When executed and acknowledged in conformity with Section 11-22-4, the certificate of incorporation shall be filed with the judge of probate of the county. The...
- Section 11-22-6 Certificate of incorporation - Amendments
If any corporation formed under this chapter has accidentally or inadvertently failed to comply with the requirements hereof in its organization, such omission or defect...
- Section 11-22-7 Board of directors
The corporation shall have a board of directors in which all powers of the corporation shall be vested and which shall consist of any number...
- Section 11-22-8 Powers generally; projects partially within county
(a) The corporation shall have the following powers together with all powers incidental thereto or necessary for the performance of those hereinafter stated: (1) To...
- Section 11-22-9 Bond issues - Funds for payment; execution; form; redemption; sale; refunding; negotiable instruments
(a) All bonds issued by the corporation shall be payable solely out of the revenues and receipts derived from the operation, leasing or sale by...
- Section 11-22-10 Bond issues - Securing of principal and interest; mortgages and deeds of trust; default
The principal of and interest on any bonds issued by the corporation shall be secured by a pledge of the revenues and receipts out of...
- Section 11-22-11 Bond issues - Notice of authorization of issuance; contesting of validity
Upon the adoption by the board of directors of any resolution providing for the issuance of bonds, the corporation may, in its discretion, cause to...
- Section 11-22-12 Temporary borrowing
The corporation may, in addition to the other powers granted in this chapter, borrow money for temporary use for any of its corporate purposes and...
- Section 11-22-13 Tax exemptions
The corporation, the property and income of the corporation, all bonds issued by the corporation, the income from such bonds, conveyances by or to the...
- Section 11-22-14 Liability of county
The county shall not in any event be liable for the payment of the principal of or interest on any bonds of the corporation, or...
- Section 11-22-15 Nonprofit status; disposition of surplus revenue
The corporation shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit...
- Section 11-22-16 Dissolution
Whenever the board of directors of the corporation shall by resolution determine that the purposes for which the corporation was formed have been substantially complied...
- Section 11-22-17 Recordation of instruments
The certificate of incorporation of the corporation or any amendment thereof, any deeds or other documents whereby properties are conveyed over to the corporation, any...
- Section 11-22-18 Construction of chapter
Neither this chapter nor anything herein contained shall be construed as a restriction or limitation upon any powers which the corporation might otherwise have under...
- Section 11-22-19 Transfer of assets from other public corporations
Any public corporation organized pursuant to the provisions of any other law of this state may, either with or without the payment of pecuniary consideration,...
- Chapter 23 INDUSTRIAL PARKS.
- Chapter 24 REGULATION OF SUBDIVISIONS.
- Section 11-24-1 Definitions; regulation of lots, streets, drainage, utilities, etc.; developer to reimburse utility for uneconomical placement
(a) When used in this chapter, the following words shall have the following meanings: (1) COUNTY. A political subdivision of the state created by statute...
- Section 11-24-2 Submission, review, and approval of plats; permit
(a) It shall be the duty of the owner and developer of each subdivision to have all construction completed in conformity with this chapter and,...
- Section 11-24-2.1 Developer authorized to secure pre-sale agreements for proposed subdivision development
(a) Notwithstanding the provisions of Section 11-24-2, the developer may obtain authorization from the county engineer to secure pre-sale agreements from prospective buyers of property...
- Section 11-24-3 Fines; injunctions; inspections; enforcement of chapter
(a) Any owner or developer failing to comply with the permitting requirement or otherwise violating this chapter or any rule or regulation made pursuant to...
- Section 11-24-4 Chapter not to impair utilities right of eminent domain, etc
This chapter shall not be construed to impair the right of eminent domain granted heretofore or hereafter by the laws of this state to utilities,...
- Section 11-24-5 No jurisdiction within that of organized municipal planning commission
Repealed by Act 2012-297, §4, effective October 1, 2012.
- Section 11-24-6 County and municipality agreement as to exercise of jurisdiction
It is the intent of the Legislature that all proposed subdivisions be subject to regulation, and counties and municipalities affected by provisions of this chapter...
- Section 11-24-7 Chapter cumulative; not to repeal any local laws
The provisions of this chapter are cumulative and shall not repeal any local law or general law of local application granting similar or additional duties...
- Chapter 25 COUNTY LAW LIBRARIES.
- Section 11-25-1 Authorized; power to appropriate space and funds; filing of resolutions
The governing body of each county by resolution thereof shall have the power to establish and maintain a county law library for each courthouse in...
- Section 11-25-2 Existing libraries; alternative method of establishing libraries; successors to property, funds, etc
The governing body of each county having county law libraries under existing laws on August 8, 1979, may come under the provisions of this chapter...
- Section 11-25-3 County to furnish space and utilities for libraries; supplement budget
In return for the county law libraries serving the legal materials needs of the county and court officials and of the citizens of the county,...
- Section 11-25-4 Municipalities authorized to appropriate funds or property
Municipal governing bodies may appropriate funds or property to the county law libraries in consideration of said libraries making their facilities and holdings available to...
- Section 11-25-5 Judge authorized to appoint law librarian or custodian
Upon the establishment of a county law library, or the continuance of a present county law library under the provisions of this chapter, the presiding...
- Section 11-25-6 Administration of library; appointment of advisory committee
The presiding circuit judge for the county or county law librarian if one exists, shall administer the county law library and shall disburse the library...
- Section 11-25-7 County Law Library Fund; audit, use, etc.; purchases exempt from taxes
Upon the establishment of a county law library under the provisions of this chapter each county shall have and maintain a separate fund known as...
- Section 11-25-8 Power to receive gifts, exchange books, etc.; furnish services to county and court officials without cost
County law libraries shall have the power to receive gifts, grants, and to exchange books and materials with other libraries and may furnish the legal...
- Section 11-25-9 Library fee as court cost; disposition
For the support and maintenance of county law libraries established under the provisions of this chapter a library fee of two dollars shall be paid...
- Section 11-25-10 Libraries to receive state acts and Code
County law libraries shall be on the distribution list of the Secretary of State to receive one set each of the Acts of Alabama and...
- Section 11-25-11 Network of law libraries
The county law libraries are a part of a network of law libraries with the state-supported law libraries, and the non-state-supported law libraries on a...
- Section 11-25-12 Authority to transfer, lend, etc., books, materials, etc
The state, counties, and state agencies have the authority to transfer, sell, give, or lend books, property, and materials to the county law libraries; and...
- Section 11-25-13 Disposition of funds
(a) In any county that has established a county law library fund pursuant to this chapter or pursuant to local act, and in any county...
- Chapter 26 SELF-INSURANCE FOR COMPENSATION, HOSPITALIZATION, ETC.; BENEFITS.
- Section 11-26-1 Workers' compensation group authorized; counties as qualified self-insurers
Any county or group of counties, either individually or collectively, may establish a workers' compensation self-insurance group for the purpose of providing workers' compensation benefits...
- Section 11-26-2 Health and accident group authorized; appropriation and collection of funds
Any county or group of counties, either individually or collectively, may establish a health and accident self-insurance group for the purpose of providing health care...
- Section 11-26-3 Compensation group to establish trustees, bylaws, schedules, etc.; powers generally
Each workers' compensation self-insurance group established under the provisions of this chapter shall have the power and authority to establish a governing body of trustees;...
- Section 11-26-4 Health and accident group to establish trustees, bylaws, schedules, etc.; powers generally
Each health and accident self-insurance group established under provisions of this chapter shall have the power and authority to establish a governing body of trustees;...
- Section 11-26-5 Health and accident group to file bylaws and schedules with Insurance Commissioner; group exempt from regulation and tax
Each health and accident self-insurance group established under the provisions of this chapter shall file with the State Insurance Commissioner, a copy of its bylaws...
- Section 11-26-6 Construction of provisions
Sections 11-26-1 and 11-26-3 are supplemental and shall insofar as possible be construed in pari materia with Sections 25-5-1 through 25-5-231, as amended; however, all...
- Chapter 27 COMMUNITY ANTENNA TELEVISION FACILITIES.
- Chapter 28 WARRANTS FOR PUBLIC CONSTRUCTION.
- Section 11-28-1 Legislative intent
It is the intention of the Legislature by the passage of this chapter to authorize each county in the State of Alabama: (i) to sell...
- Section 11-28-1.1 Definitions
As used in this chapter, the following words and phrases shall have the following respective meanings, unless the context clearly indicates otherwise: (1) COSTS. When...
- Section 11-28-2 Authorization of issuance of warrants
In addition to all other warrants which any county shall have the power to issue pursuant to laws other than this chapter, the county shall...
- Section 11-28-3 Special pledges
If the county commission of any county determines to issue warrants under this chapter that are general obligations of such county, or if such county...
- Section 11-28-4 Authorization of refunding warrants
Each county may at any time and from time to time issue refunding warrants for the purpose of refunding refundable debt then outstanding, whether such...
- Section 11-28-5 Warrants to be legal investments for trust funds
Unless otherwise directed by the court having jurisdiction thereof, or by the document that is the source of authority, a trustee, executor, administrator, guardian, or...
- Section 11-28-6 Issuance of warrants constitutes audit and allowance of claim
The issuance of warrants and any interest coupons applicable thereto, pursuant to the provisions of this chapter and in accordance with the authorization of the...
- Section 11-28-7 Provisions of this chapter control
Insofar as the provisions of this chapter may be inconsistent with the provisions of any other law concerning actions authorized by this chapter, the provisions...
- Chapter 29 COUNTY GOVERNMENT CAPITAL IMPROVEMENT.
- Chapter 30 LIABILITY SELF-INSURANCE FUNDS.
- Chapter 31 RADIO/ALERT NOTIFICATION COMMUNICATIONS DISTRICTS.
- Chapter 32 PUBLIC TRANSPORTATION IN COUNTIES HAVING POPULATION OF 600,000 OR MORE.
- Section 11-32-1 Legislative findings
(a) The Legislature finds, determines, and hereby declares that, in counties having a population of not less than 600,000, there are conditions present that are...
- Section 11-32-2 Definitions
As used in this chapter, the following words and phrases shall mean the following unless the context clearly indicates otherwise: (1) AD VALOREM TAX. Those...
- Section 11-32-3 Incorporation as a public corporation; applications
(a) One or more public corporations may be organized pursuant to this chapter in a county having a population of not less than 600,000 according...
- Section 11-32-4 Certificate of incorporation - Filing; contents; execution
(a) Within 40 days following the adoption of an authorizing resolution by that governing body that was the last to adopt an authorizing resolution, but...
- Section 11-32-5 Certificate of incorporation - Amendment
(a) The certificate of incorporation of any authority incorporated under or governed by this chapter may be amended in the manner provided in this section....
- Section 11-32-6 Board of directors
(a) Each authority shall be governed by a board. All powers of the authority shall be exercised by or under the authority of, and the...
- Section 11-32-7 Powers of authority
(a) The authority shall exercise powers and duties necessary to the discharge of its powers and duties in corporate form as follows: (1) Have succession...
- Section 11-32-8 Rates and charges
(a) Rates, fees, and charges for public transportation service rendered by the authority from any of its transit systems shall be so fixed and from...
- Section 11-32-9 Bonds - Form and execution; sale; obligations; notice
(a) All bonds issued by the authority shall be signed by the chair, vice chair, or executive director and attested by its secretary or assistant...
- Section 11-32-10 Bonds - Contracts as security for payment
(a) As security for payment of the principal of and the interest on bonds issued or obligations assumed by it, the authority may enter into...
- Section 11-32-11 Statutory mortgage lien
A resolution of the board or trust indenture under which bonds may be issued pursuant to this chapter may contain provisions creating a statutory mortgage...
- Section 11-32-12 Use of bond proceeds
All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purposes for which the moneys are...
- Section 11-32-13 Powers of localities, agencies, etc
For the purpose of securing public transportation or aiding or cooperating with the authority in the planning, development, undertaking, construction, acquisition, extension, improvement, operation, or...
- Section 11-32-14 Exemption from taxes, fees, and costs
The property and income of the authority, all bonds issued by the authority, the income from the bonds, conveyances by or to the authority, and...
- Section 11-32-15 Incorporation of subsequent authority
Repealed by Act 2014-264, §2, effective July 1, 2014.
- Section 11-32-16 Exemption from other state supervision and control
This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full...
- Section 11-32-17 Use of public roads
Any authority may use the rights-of-way of all public roads in the authorizing county without securing the prior approval of the state or of its...
- Section 11-32-18 Annual audit
Within 30 days following the close of each fiscal year the authority shall cause an audit of its books and records to be made for...
- Section 11-32-19 Labor unions
Each employee of the authority may join or participate in a labor union. No employee of the authority shall be subject to the provisions of...
- Section 11-32-20 Dissolution of transit authority
The authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit...
- Section 11-32-21 Employee protective provisions
(a) The rights, benefits, and other employee protective conditions and remedies of Section 13(c) of the Urban Mass Transportation Act of 1964, as amended, 49...
- Section 11-32-22 Applicability to Birmingham-Jefferson County Transit Authority
(a) The provisions of this chapter shall apply to the Birmingham-Jefferson County Transit Authority and to any other authority organized pursuant to Act 993 of...
- Section 11-32-23 Funding - Annual payments
The governing body of the authorizing county, principal municipality, and each participating municipality shall pay to the authority during each fiscal year a sum to...
- Section 11-32-24 Funding - Amount paid by authorizing county
The annual amount to be paid to the authority by the authorizing county is to be ascertained by first determining the amount of ad valorem...
- Section 11-32-25 Funding - Amount paid by principal municipality
The amount to be paid to the authority by the principal municipality during each fiscal year shall be ascertained by determining the amount of ad...
- Section 11-32-26 Request for service
On or prior to the beginning of the seventh month before the start of each fiscal year, the principal municipality and each municipality located in...
- Section 11-32-27 Budget requirements
On or prior to the beginning of the fifth month before the start of each fiscal year, the authority shall prepare and submit to the...
- Section 11-32-28 Certification of routes
On or prior to the beginning of the fourth month before the start of each fiscal year, the principal municipality and each municipality in the...
- Section 11-32-29 Costs of operation
All of the municipalities served by any route operated by the authority may by written agreement filed with the authority agree to allocate the costs...
- Section 11-32-30 Certification of amounts to be paid to authority
Subject to any agreement filed with the authority pursuant to Section 11-32-29, the annual amount to be paid to the authority by the principal municipality...
- Section 11-32-31 Payment schedule; sufficiency of funds
(a) The amounts required to be paid to the authority under this chapter shall be paid by the authorizing county tax collector for the authorizing...
- Section 11-32-32 Payments made according to schedule
(a) The payments required hereby for the authorizing county, principal municipality, and each participating municipality shall be made on a monthly basis or upon other...
- Section 11-32-33 Examination and audits of books and records
The authorizing county, principal municipality, and each participating municipality shall have the right to examine and audit, at their expense, the books and records of...
Last modified: May 3, 2021