Code of Alabama - Title 11: Counties and Municipal Corporations - Title 2 - Provisions Applicable to Municipal Corporations Only
- Chapter 40 GENERAL PROVISIONS.
- Article 1 In General.
- Section 11-40-1 Municipalities declared bodies politic and corporate; seal generally; name; powers, duties, and authority generally
All municipal organizations now existing in the State of Alabama, whether incorporated under the general laws of the state or by special act of the...
- Section 11-40-2 Seal
All cities and towns shall have a seal, in the center of which shall be the words, "city seal" or "town seal," as the case...
- Section 11-40-3 Acquisition of rights, power, and authority granted
Affirmative action shall not be necessary for cities and towns to acquire the rights, power, and authority granted in this title. Municipalities shall, however, hold...
- Section 11-40-3.1 Incorporation and actions of certain municipalities ratified, validated, and confirmed
Notwithstanding any provision of law, any municipal corporation that was organized pursuant to the Code of Alabama of 1896, Chapter 94, Article 1, commencing with...
- Section 11-40-4 Property rights, rights of action, etc., preserved and enforced notwithstanding change of name or organization
Rights of action and rights of property arising before or existing at the time of a change of corporate organization, as directed in this title,...
- Section 11-40-5 Corporate limits not altered or affected by adoption of Code
The corporate limits of any city or town shall not be altered or affected by the adoption of this Code.
- Section 11-40-6 Municipal corporations classified as cities or towns; holding of election after change in government of municipality
Municipal corporations now existing or hereafter organized under this title containing 2,000 or more inhabitants shall be called cities. All incorporated municipalities containing less than...
- Section 11-40-7 Change of name
Any city or town may change its corporate name by passing an ordinance stating the new name proposed and submitting the question of change to...
- Section 11-40-8 Division of municipalities into wards
The several councils of cities or towns shall divide such cities or towns into wards having as nearly as may be the same number of...
- Section 11-40-9 Continuation of present organization
The organization of cities and towns existing at the adoption of this Code shall continue until changed in accordance with the provisions of this Code...
- Section 11-40-10 Police jurisdiction; force and effect of ordinances; jurisdiction on islands and offshore water adjacent to Florida; annexations
(a)(1) The police jurisdiction in municipalities having 6,000 or more inhabitants shall cover all adjoining territory within three miles of the corporate limits, and in...
- Section 11-40-10.1 Contracts for certain law enforcement services of Class 6 municipality
(a) The governing body of a Class 6 municipality may enter into contracts which provide for the police department of the municipality to provide law...
- Section 11-40-10.2 Rehiring of certain law enforcement officers retired from state or local law enforcement agency
(a) Notwithstanding any provision of law to the contrary, a Class 5, Class 6, Class 7, or Class 8 municipality may rehire a retired law...
- Section 11-40-11 When change in form of government takes effect
No change from the mayor-council form of municipal government to the commission form of municipal government hereafter directed by vote of the electors of any...
- Section 11-40-12 Classification of municipalities
(a) There are hereby established eight classes of municipalities based on the population as certified by the 1970 federal decennial census, as authorized by Amendment...
- Section 11-40-13 Notice required for enactment of general law applying to single municipality
No general law which at the time of its enactment applies to only one municipality of the state shall be enacted unless notice of the...
- Section 11-40-14 Expense allowances for members of governing body of Class 1 municipalities; reimbursement for expenses incurred beyond corporate limits
(a) The council or other governing body of Class 1 municipalities in Alabama and all municipalities in Alabama having a population of 250,000 or more...
- Section 11-40-15 Exemption of incorporated municipalities and municipal boards from Uniform Disposition of Unclaimed Property Act
The incorporated municipalities and incorporated municipal boards of this state shall be exempt from the Uniform Disposition of Unclaimed Property Act, which is codified in...
- Section 11-40-16 Creation of enterprise zones within Class 1 cities; purpose
(a) The Legislature of Alabama hereby finds and declares that the health, safety, and welfare of the people of Class 1 cities are enhanced by...
- Section 11-40-17 Minimum monthly retirement and survivor's benefits in Class 1 municipalities
In all Class 1 municipalities, notwithstanding any provision to the contrary in any section of Article VI of Act No. 929, S. 676, Regular Session...
- Section 11-40-17.1 Class 1 municipalities authorized to grant pension benefit increases to participants in former municipal pension plans
The city council of any Class 1 municipality may grant pension plan benefit increases to retired employee participants, and their beneficiaries, in terminated or inactive...
- Section 11-40-17.2 Inclusion of longevity component in monthly salary used to calculate extraordinary disability benefits in Class 1 municipalities
(a) The Legislature finds that in all Class 1 municipalities some recipients of extraordinary disability benefits awarded prior to May 23, 1977, did not have...
- Section 11-40-17.3 Retroactive Deferred Retirement Option Plan
(a) This section shall apply to Class 1 municipalities only. (b) There is established a Retroactive Deferred Retirement Option ("Back Drop") Plan for any retirement...
- Section 11-40-18 Minimum benefits under certain policemen's and firemen's pension and relief plans
In all Class 1 municipalities, notwithstanding any provision of law to the contrary, any benefit payable on a monthly basis to a participant or retiree...
- Section 11-40-18.1 Minimum benefits under certain policemen's and firemen's pension and relief plans
Notwithstanding any other laws, in Class 1 municipalities, any benefit payable on a monthly basis to a participant or retiree under the Policemen's Pension and...
- Section 11-40-18.2 Liability and indemnification under firemen's and policemen's supplemental pension system
In the absence of wantonness or willful misconduct, in any Class 1 municipality, the board of firemen and policemen for the Class 1 municipality, the...
- Section 11-40-19 Operation of hotel and related facilities by Class 1 municipalities and certain public corporations - Requirements
In addition to all other powers heretofore granted by law, any Class 1 municipality that owns a civic center, or any public corporation that owns...
- Section 11-40-20 Operation of hotel and related facilities by Class 1 municipalities and certain public corporations - Hotel management contracts
Any municipality or separate public corporation authorized to own and operate a hotel pursuant to the provisions of Section 11-40-19 and this section may operate...
- Section 11-40-21 Number of members on municipal boards, committees, etc., in Class 3 municipalities
In any Class 3 municipality, any law to the contrary notwithstanding, the number of members who shall serve on any existing or future municipal board,...
- Section 11-40-22 Mayor authorized to award municipal employees for exemplary performance, etc
(a) Notwithstanding any limitations of law pertaining to the municipality, the mayor of any municipality in Alabama is hereby authorized, subject to budget restraints approved...
- Section 11-40-23 License tax for collecting, etc., waste grease and animal by-products
Each person engaged in the business of purchasing and receiving or collecting waste grease and animal by-products for rendering or recycling, from businesses, schools, and...
- Section 11-40-24 Employees of separately incorporated public corporation not deemed employees of municipality
Notwithstanding any other provision of law, employees of any separately incorporated public corporation authorized to be created by a municipality pursuant to state law are...
- Section 11-40-25 Municipal officers removed by operation of law
(a) For purposes of this section, the term elected municipal official means any mayor, council member, or commission member elected or appointed to municipal office...
- Article 2 Demolition of Buildings and Structures.
- Section 11-40-30 Demolition of unsafe structures
Any incorporated municipality of the state may, after notice as provided herein, move or demolish buildings and structures, or parts of buildings and structures, party...
- Section 11-40-31 Notice from appropriate municipal officer of unsafe condition
The term "appropriate municipal official" as used in this article shall mean any municipal building official or deputy and any other municipal official or municipal...
- Section 11-40-32 Hearing; appeal
(a) Within the time specified in the notice, but not more than 30 days from the date the notice is given, any person, firm, or...
- Section 11-40-33 Costs of demolition
Upon demolition of the building or structure, the appropriate municipal official shall make a report to the governing body of the cost thereof, and the...
- Section 11-40-34 Assessment of costs
The municipality may assess the costs authorized herein against any lot or lots, parcel or parcels of land purchased by the State of Alabama at...
- Section 11-40-35 Payment of assessments
Payment of the assessment shall be made in the manner and as provided for the payment of municipal improvement assessments in Section 11-48-48, as the...
- Section 11-40-36 Article cumulative
This article is cumulative in nature and is in addition to any power and authority which any municipality may have under any other law.
- Article 3 Continued Use and Occupancy of Buildings in Class 2 Municipalities.
- Section 11-40-50 Meaning of "appropriate city official."
Repealed by Act 2017-304, §11, effective May 16, 2017.
- Section 11-40-51 Authority of city to prescribe standards for continued use and occupancy of buildings
Repealed by Act 2017-304, §11, effective May 16, 2017.
- Section 11-40-52 Administrative review; petition; hearing
Repealed by Act 2017-304, §11, effective May 16, 2017.
- Section 11-40-53 Appeal from order of administrative review body to circuit court
Repealed by Act 2017-304, §11, effective May 16, 2017.
- Section 11-40-54 Failure of owner to comply with notice of non-conformity, certificate of modified approval, etc.; civil penalties; collection and enforcement of penalties
Repealed by Act 2017-304, §11, effective May 16, 2017.
- Article 3A Use and occupancy of building in class 2 municipalities.
- Article 4 Convenient Right-of-Way Acquisition within Planning Jurisidiction of a Class 2 Municipality.
- Article 5
- Chapter 41 INCORPORATION AND DISSOLUTION.
- Article 1 Incorporation.
- Section 11-41-1 Authority; petition to probate judge for order of incorporation
When the inhabitants of an unincorporated community, which has a population of not less than 300, constituting a body of citizens whose residences are contiguous...
- Section 11-41-2 Notice of filing; determination of statutory compliance; objections; ordering and notice of election; contest of election
(a) Upon the filing of the verified application with the judge of probate, the judge of probate shall give notice of the filing of the...
- Section 11-41-3 Conduct of election generally; provision and form of ballots; qualifications for voting
The judge of probate shall appoint three qualified electors within the limits of the proposed city or town as inspectors to manage the election, which...
- Section 11-41-4 Certification of election result to probate judge; census enumeration of inhabitants; issuance, recordation, and filing of order of incorporation; filing fee
Within five days after the election, the inspectors must certify the result to the judge of probate, who must, if a majority of the votes...
- Section 11-41-5 Ordering and notice of election of mayor and councilmen for incorporated municipalities; conduct of election generally; qualifications for voting
Upon making such order of incorporation, the judge of probate shall order an election to be held by the same inspectors or others appointed by...
- Section 11-41-6 Report of election result to probate judge; issuance and recordation of order approving report and election result; vacancies; setting aside, etc., of elections; record and costs of incorporation proceedings and elections
Within five days after such election, inspectors shall report the result of the election to the judge of probate, who may enter an order confirming...
- Section 11-41-7 Reinstatement of corporate organization of dormant municipalities; appointment of mayor and councilmen for same
Towns or cities that have permitted their organization to become dormant and inefficient may, by a petition of a majority of the taxpayers of such...
- Section 11-41-8 Validation of previously invalidated incorporations and alterations of corporate limits
(a) In all cases prior to May 14, 2012, where there has been an attempt to organize the inhabitants of any territory as a municipal...
- Article 2 Dissolution.
- Section 11-41-20 Authority
Except as otherwise provided by local law, municipal corporations now existing or hereafter incorporated having a population of 1,100 inhabitants or less may be dissolved...
- Section 11-41-21 Petition to probate judge for dissolution
Three-fourths of the qualified voters residing within the corporate limits of any municipal corporation having a population of 1,100 inhabitants or less may, in writing,...
- Section 11-41-22 Notice and hearing upon petition
Upon the filing of such petition, such probate judge shall set the same down for hearing and give 30 days' notice of such hearing by...
- Section 11-41-23 Issuance of decree of dissolution
If, upon such hearing, it appears to such probate judge that three fourths of the qualified voters of such municipal corporation are in favor of...
- Section 11-41-24 Grounds for forfeiture of charter
If any municipal corporation having a population of 1,100 inhabitants or less shall fail to elect a mayor or other chief executive officer for more...
- Section 11-41-25 Petition to probate judge for decree of forfeiture; notice and hearing upon petition
The county commission or any five qualified voters of the county in which any such corporation is situated may file with the probate judge of...
- Section 11-41-26 Rendition of decree of forfeiture and dissolution; appeal from same
If, upon such hearing, it shall appear that one of the grounds of forfeiture enumerated in section 11-41-24 exists, the probate judge shall render a...
- Section 11-41-27 Disposition of property after dissolution
If any municipal corporation dissolved under the provisions of this article shall own any property, the title thereto shall vest in the county in which...
- Section 11-41-28 Fee of probate judge
The probate judge shall be entitled to $5.00 for services rendered under this article, to be paid by the person or persons filing the petition.
- Chapter 42 ALTERATION OF CORPORATE LIMITS.
- Article 1 Annexation of Territory by Municipalities Generally.
- Article 2 Annexation of Territory by Municipalities of 2,000 Inhabitants or More.
- Article 2A Annexation of Territory by Class 6 Municipality of Land Contiguous to Public University.
- Article 3 Annexation of Territory by Cities of 25,000 Inhabitants or More.
- Section 11-42-40 Applicability of provisions of article; provisions of article not exclusive
Any city having 25,000 inhabitants or more, as shown by the last federal census, from time to time, may extend its corporate limits in the...
- Section 11-42-41 Passage of resolution to annex territory
The council or governing body of the city may pass a resolution to the effect that the public health or public good requires that certain...
- Section 11-42-42 Certification and filing of resolution and map or plat of territory to be annexed with probate judge
(a) The mayor or other executive head of the city shall certify a copy of such resolution to the judge of probate of the county...
- Section 11-42-43 Ordering of election
Within 10 days of the date of the filing of such certified copy of resolution with plat or map attached, the judge of probate must...
- Section 11-42-44 Notice of election
The said judge of probate shall give notice of the holding of such election by publication in at least one newspaper and, at the discretion...
- Section 11-42-45 Designation of voting places and boundaries for voting
The judge of probate may designate as many voting places within the territory proposed to be annexed as he may deem necessary for the convenience...
- Section 11-42-46 Appointment of inspectors and returning officers; duty of inspectors generally
The probate judge shall appoint three inspectors of election and one returning officer for each voting place. The inspectors shall manage the election at the...
- Section 11-42-47 Qualifications for voting; electors to vote at designated voting places
Each qualified voter who has resided within the boundaries of the territory proposed to be brought into the city for three months next preceding the...
- Section 11-42-48 Applicability of general election laws
The election to determine whether or not the proposed territory shall be brought within the corporate limits of the city must be conducted in all...
- Section 11-42-49 Ballots
Each voter may furnish his own ballot with the following words written or printed thereon: "For annexation," if he desires to vote in favor of...
- Section 11-42-50 Ascertainment, certification, and delivery of election results
The inspectors at the respective voting places must, as soon as the polls are closed, ascertain and certify the results of the election at their...
- Section 11-42-51 Canvassing of returns; entry, recordation, etc., of orders, maps, etc., as to annexation of territory
The judge of probate must canvass the returns as made by the inspectors and if it appears that a majority of the votes cast at...
- Section 11-42-52 Contests of election
The result of such election may be contested by any qualified elector voting at the election in the manner provided for control of general municipal...
- Section 11-42-53 Costs of election
The city at whose instance the election is held shall pay all cost and expense incident to the election.
- Section 11-42-54 Subsequent extensions of corporate limits
Any city having extended its corporate limits under the provisions of this article or any other act or law may again extend its corporate limits...
- Section 11-42-55 Requirement as to resolutions, orders, or notices under article
In every proceeding to extend the corporate limits of any city under the provisions of this article the council of such city shall declare in...
- Section 11-42-56 Subsequent elections not to be held within 12 months of preceding election
After an election has been held in any territory under the provisions of this or any other similar law, no other or subsequent election shall...
- Section 11-42-57 Exemption from taxation of territory annexed and property therein
All territory brought within the corporate limits of a city under the provisions of this article and all property having a situs within such territory...
- Section 11-42-58 Certain annexed territory and property therein subject to taxation after five years
From time to time after the lapse of five years from the time when such territory is brought within the corporate limits of the city,...
- Section 11-42-59 Exemption from taxation of mining, manufacturing, or industrial plants, etc., in annexed territory
All portions of such territory which is at the time it is brought within the corporate limits of the city used or occupied as or...
- Section 11-42-60 Passage, certification, filing with probate judge, etc., of resolution declaring annexed territory subject to taxation and map of same
Whenever and as often as the facts exist which authorize a city to collect taxes from and on any portion of the territory brought within...
- Section 11-42-61 Notice of passage of resolution and hearing for property owners to show cause why property should not be subject to taxation
The mayor or other governing head of the city, within five days of the time he files the certified copy of such resolution with map...
- Section 11-42-62 Separately owned lands may be embraced in single resolution or notice
Land owned by any number of separate and distinct owners may be embraced in the same resolution passed by the board or governing body of...
- Section 11-42-63 Filing of contest as to right of city to tax lands or property; city to file separate causes against contesting property owners
(a) On the day fixed in the notice or any day to which said cause may be continued, any owner of any of the property...
- Section 11-42-64 Rendition of decree adjudging property subject to taxation, etc., as to noncontesting property owners
On the day fixed in the citation published by the mayor for the hearing before the judge of probate or the day to which such...
- Section 11-42-65 Hearings on contests as to right to tax; rendition of decree as to taxation of property
(a) As to each cause against a property owner who filed a contest, the judge of probate may set the same for hearing at such...
- Section 11-42-66 Appeals from judgment of probate judge - Filing; security for costs; right to jury trial
The property holders of the city shall have the right to appeal from the judgment of the judge of probate to the circuit court of...
- Section 11-42-67 Appeals from judgment of probate judge - Issuance and service of notice of appeal
The judge of probate, within 10 days after an appeal is taken, shall issue notice to the opposite party of the appeal, and place such...
- Section 11-42-68 Appeals from judgment of probate judge - Transmittal of papers to clerk of circuit court; withdrawal of map and certified resolution from files of probate judge for use in circuit court
If an appeal is taken, the judge of probate shall transmit all papers in the action, except the map and certified resolution, to the clerk...
- Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit court; endorsement on map by probate judge where no appeal from judgment of probate court
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist subjecting the land and property having a...
- Section 11-42-70 Certification to probate judge of judgment of circuit court; endorsement on map by probate judge
If there is an appeal from the judgment rendered by the probate judge and, on the termination of such appealed action, it is adjudged that...
- Section 11-42-71 When property adjudged subject to taxation becomes liable for payment of taxes; recordation of resolution, map, orders, etc., of probate judge, etc
(a) All property adjudged to be subject to city taxation under the provisions of this article shall be liable for the payment of taxes to...
- Section 11-42-72 Annexed territory subject to laws and ordinances of city; jurisdiction of city governing body over annexed territory
All territory brought within the corporate limits of a city under the provisions of this article shall be subject to the laws and ordinances of...
- Section 11-42-73 Creation, etc., of wards; election of aldermen or representatives
(a) The council or governing body of the city shall create new wards (as many as may be deemed to be necessary) regardless of any...
- Section 11-42-74 Division of wards into voting precincts; electors to vote in precincts of residence; rearrangement, etc., of boundaries of voting precincts
The council or governing body of the city shall by resolution or ordinance divide the respective wards in the city into voting precincts, as many...
- Section 11-42-75 Rearrangement, etc., of boundaries of wards
The council or governing body of the city shall have the power to change or rearrange the boundary lines of wards in said city as...
- Section 11-42-76 Entitlement of persons in territory exempt from taxation to benefits derived from city taxes
No person residing in territory exempt from taxation in the city shall be entitled to receive any of the benefits derived from taxes paid to...
- Section 11-42-77 Construction of improvements or betterments in territory exempt from taxation generally
The council or governing body of the city shall have no authority or power to construct or cause to be constructed any improvements or betterments...
- Section 11-42-78 Construction of sanitary sewers, enforcement of sanitary connections, and assessment of costs thereof in territory exempt from taxation
The council or governing body of the city shall have the right to construct or cause to be constructed sanitary sewers and enforce sanitary connections...
- Section 11-42-79 Construction of sidewalks and curbing and assessment of costs thereof in territory exempt from taxation; landowners in exempt territory to file petition requesting betterments
The council or governing body of the city shall have the right to construct or cause to be constructed sidewalks and curbing in the territory...
- Section 11-42-80 Assessment, collection, and disposition of street tax in territory exempt from taxation
The council or governing body of the city shall have the same rights and powers by and under an ordinance enacted to assess and collect...
- Section 11-42-81 Licensing of dance halls, poolrooms, etc., in territory exempt from taxation
The council or governing body of the city shall have no authority or power to license or permit any dance halls or billiard or poolrooms...
- Section 11-42-82 Levy and collection of privilege or license tax from persons, firms, etc., carrying on business, etc., in territory exempt from taxation generally
The council or governing body of the city shall have no authority or power to levy and collect a privilege or license tax on or...
- Section 11-42-83 Assessment and collection of privilege or license tax from persons, firms, etc., carrying on business, etc., in territory exempt from taxation
(a) The council or governing body of the city may annually assess and collect a privilege or license tax from each and every person, firm,...
- Section 11-42-84 Assessment and collection of privilege or license tax from operators of common carriers, street railroads, etc., in territory exempt from taxation
(a) The council or governing body of the city may annually assess and collect for and in behalf of the city a privilege or license...
- Section 11-42-85 Right of children residing in territory exempt from taxation to attend public schools of city
The public schools of the city, to the extent that the same are supported and maintained by revenue derived from all sources, except appropriations made...
- Section 11-42-86 Acquisition of rights and privileges of resident citizens by persons residing in territory exempt from taxation
When and as often as the owner or owners of any land situated in territory exempt from taxation under the provisions of this article shall...
- Section 11-42-87 Fees and compensation of probate judge and other officers for services rendered
The probate judge shall be entitled to the same fees for services performed under the provisions of this article as he is authorized by law...
- Section 11-42-88 Provisions of article deemed contract between city and persons, etc., in territory exempt from taxation; conferral of other rights and powers as to exempt territory upon city; right of persons residing in exempt territory to enforce article against city
(a) The provisions of this article shall be held to be a contract by and between the city and persons or corporations owning property in...
- Article 4 Consolidation of Contiguous Municipalities.
- Division 1 General Provisions.
- Section 11-42-100.1 Mode of consolidation - When municipality to annex city or town
(a) When two or more municipalities lying contiguous to each other desire to consolidate and operate as one municipality, they may do so by proceeding...
- Section 11-42-101 Mode of consolidation - When municipalities to form new corporate organization
If municipalities desiring to consolidate wish to form a new and distinct corporate organization to be operated under the name of either one of such...
- Section 11-42-102 Exemption from taxation of industrial or manufacturing plants
The council of any city or town that alters and rearranges its boundary lines so as to absorb two or more cities or towns may...
- Section 11-42-103 Division of consolidated municipality into wards by commission; election of mayor and other officers
(a) The mayor and one councilman from each municipality to be selected by the council shall be constituted a commission to divide such consolidated municipality...
- Section 11-42-104 Oath and compensation of commissioners; expenses of election; failure of commissioner to act
Before entering upon the discharge of their duties, the commissioners shall take an oath before some officer authorized by law to administer oaths to faithfully...
- Section 11-42-105 Continuation of officers and corporate organization of municipalities; qualification and assumption of duties of officers elected for consolidated municipalities
The officers of the several municipalities shall continue in office, and the corporate organization of the several municipalities shall continue unaffected until the officers of...
- Section 11-42-106 Powers, duties, rights, etc., of consolidated municipalities; continuation of civil actions as to consolidated municipalities
(a) The consolidated city or town shall succeed to all the powers, obligations, duties, rights of action, property, and rights of property that belonged to...
- Division 2 Alternate Mode.
- Section 11-42-120 Mode of consolidation generally
Any city or town may be annexed to and merged into a contiguous city or town in the following manner: The mayor of each city...
- Section 11-42-121 Appointment of commissioners
The mayor or other head of the governing body of any city or town shall appoint the commissioners provided for in Section 11-42-120 upon the...
- Section 11-42-122 Execution, approval, and confirmation of agreement as to terms of annexation and merger
If the commission agrees upon terms of annexation and merger, such agreement shall be reduced to writing and signed in triplicate by the commissioners or...
- Section 11-42-123 Ordering of election by proclamation
If the council or governing body of each city or town confirms the agreement, then the mayor of the city or town proposed to be...
- Section 11-42-124 Inspectors
Inspectors of election in the city or town proposed to be annexed shall be appointed and the election in all particulars held in the same...
- Section 11-42-125 Form and marking of ballots; ascertainment of election results; contests of election
(a) The mayor of the city or town shall cause the ballots to be used in such election to be printed with the following words...
- Section 11-42-126 Declaration of election result; declaration of annexation of municipality
If a majority of the votes cast in such city or town is in favor of ratifying the agreement of annexation and merger, the result...
- Section 11-42-127 Filing and recordation of copy of agreement and merger
The mayor of the city or town to which another city or town is annexed under the provisions of this division shall, within 10 days...
- Section 11-42-128 When annexation deemed perfected
From the time the said triplicate of the agreement is filed in the office of the judge of probate, as required in Section 11-42-127, the...
- Section 11-42-129 Costs and expenses of annexation
The costs and expenses incurred by each city or town previous to holding the election by the city or town proposed to be annexed to...
- Section 11-42-130 Ownership of property of municipality annexed
All property and rights of property and assets and interests of every kind and character owned by the city or town annexed to the other...
- Section 11-42-131 Continuation of civil actions against municipality annexed
All civil actions pending against the city or town annexed shall, on notice, be made a civil action against the city or town annexing the...
- Section 11-42-132 Provisions in annexation agreement as to taxation in municipality annexed
The agreement of annexation may provide for specific property having a situs thereon embraced in the annexed city or town to be exempt from city...
- Section 11-42-133 Creation, etc., of wards; election of aldermen; division of wards into voting precincts; rearrangement, etc., of boundaries of wards or voting precincts
(a) The council or governing body of the annexing city or town shall create new wards (as many as may be deemed to be necessary)...
- Section 11-42-134 Provisions of division not exclusive
The provisions of this division shall in no wise preclude any city or town from being annexed and merged into another city or town in...
- Article 5 Consolidation of Noncontiguous Municipalities.
- Section 11-42-150 Applicability of provisions of article
Two cities or towns whose boundaries touch may consolidate and merge themselves with a third city or town not contiguous to either, but whose boundary...
- Section 11-42-151 Councils to define boundaries of territory to be incorporated in consolidated municipality upon receipt of petition requesting election as to consolidation
When 10 percent in numbers of the qualified voters according to the last municipal election of each of the municipalities to be consolidated shall sign...
- Section 11-42-152 Calling of election; conduct of election generally; notice of election
(a) The governing bodies shall within 10 days thereafter call an election at which the qualified electors residing in the municipalities may vote at their...
- Section 11-42-153 Form and marking of ballots
(a) At the election provided for in this article the municipal authorities shall furnish ballots on which shall be printed: "Election to provide for the...
- Section 11-42-154 Forwarding of statement of vote to probate judge and canvassing of returns; ascertainment and publication of election results
Within five days after such election the mayor or other chief executive officer shall forward to the probate judge of the county in which such...
- Section 11-42-155 Rights, powers, duties, and name of consolidated municipality; disposition of property, obligations, and contracts of consolidating municipalities
(a) If the majority of the votes cast in each municipality separately are in favor of consolidation, the three municipalities and other territory included shall...
- Section 11-42-156 Continuation in office and powers and duties of mayors and aldermen of consolidating municipalities
The aldermen in office in each of the consolidating municipalities shall constitute the board of aldermen of the consolidated municipality until the next general municipal...
- Section 11-42-157 Division of consolidated municipality into wards; election of officers of consolidated municipality
The council of the consolidated municipality shall before the next general municipal election divide the consolidated municipality into a suitable and convenient number of wards,...
- Section 11-42-158 Collection and disbursement of taxes
The consolidated municipality shall collect all taxes or other obligations due the consolidating municipalities and disburse the same.
- Section 11-42-159 Continuation in office of boards of education of consolidating municipalities; election of board of education for consolidated municipality
The boards of education in the consolidating municipalities shall continue in office and in charge of their respective schools until the next general election after...
- Section 11-42-160 Continuation of rights of action against municipality annexed
All rights of action existing against the city or town annexed shall be a right of action against the city or town annexing the other...
- Section 11-42-161 Continuation of civil actions brought by municipality annexed
All civil actions pending brought by the city or town annexed, shall, on motion, be made a civil action by the city or town annexing...
- Section 11-42-162 Continuation of rights of action of municipality annexed
All rights of action existing in favor of the city or town annexed shall be a right of action existing in favor of the city...
- Section 11-42-163 Payment or assumption of indebtedness and liabilities of municipality annexed
All indebtedness and liabilities of every kind and character of the city or town annexed shall be paid or payment thereof assumed by the annexing...
- Section 11-42-164 Annexation agreement deemed contract between municipalities; right of persons residing in annexed municipality to enforce agreement against annexing municipality
The agreement of annexation shall be and shall be held to be a contract by and between the city or town annexed and the city...
- Section 11-42-165 Enactment and passage of ordinances and resolutions to carry out annexation agreement
The council or governing body of the annexing city or town shall enact such ordinances and pass such resolutions as may be necessary or deemed...
- Section 11-42-166 Dissolution of annexed municipality; ordinances, resolutions, and bylaws of annexing municipality applicable to and enforceable in municipality annexed
The annexed city or town from and after the time of annexation, under the terms of this article, shall be and shall be held to...
- Section 11-42-167 Rights, powers, duties, etc., of annexing municipality as to municipality annexed attach upon dissolution of same
The rights, powers, duties, liabilities, and jurisdiction of the annexing city or town over the territory embraced in the corporate limits of the city or...
- Article 6 Duties of Expanded Municipalities as to Property and Obligations of Absorbed Municipalities.
- Section 11-42-180 Payment, execution, etc., of debts, bonds, contracts for local improvements, etc., of absorbed municipalities
When any municipal corporation has been absorbed or its government extinguished by the alteration or rearrangement of the boundary lines of another city or town,...
- Section 11-42-181 Disposition of property of absorbed municipalities
The city or town so altering or rearranging its boundary lines shall become vested with the title and ownership of all property, both real and...
- Section 11-42-182 Collection and disposition of taxes, special assessments, etc., of absorbed municipalities
The city or town so altering or rearranging its boundary lines, shall not stay, arrest, or interfere with any proceedings for the collection or enforcement...
- Section 11-42-183 Prosecution and defense of pending actions of absorbed municipalities; collection and enforcement of fines, recoveries, judgments, etc
All civil actions pending in any court on behalf of any city or town so absorbed or whose government is extinguished may be prosecuted or...
- Section 11-42-184 Disposition of public books, papers, and documents of absorbed municipalities
All the public books, papers, and documents of said city or town so absorbed on file in any office or with any public officer thereof...
- Section 11-42-185 Operation, etc., of waterworks, gas or electric light systems of absorbed municipalities
Should the city or town so absorbed or whose government is extinguished own any waterworks, gas or electric light systems, the city or town so...
- Section 11-42-186 Partial annexation - Payment of proportionate share of bonded indebtedness for municipal improvements by expanded municipality
Should the city or town so altering or rearranging its boundary lines absorb or annex any part of another city or town, the city or...
- Section 11-42-187 Partial annexation - Payment of value of school property, etc., by expanded municipality
Said city or town shall also pay to the city or town from which territory is taken the value of any school property or other...
- Article 7 Reduction of Corporate Limits.
- Section 11-42-200 Passage of resolution defining proposed reduced corporate limits
Whenever in the opinion of the council or governing body of any city or town the public health or public good requires that the corporate...
- Section 11-42-201 Certification and filing with probate judge of resolution, plat or map, and list of qualified electors
Upon the passage of such resolution the mayor or person holding the chief office of such city or town shall certify a copy of such...
- Section 11-42-202 Filing of resolution and map or plat; notice to residents of territory to be excluded of hearing to show cause why proposed boundary should not be established and map or plat recorded
Upon the presentation of such certified copy of such resolution, accompanied by the map or plat, the judge of probate shall file the same and...
- Section 11-42-203 Order to be entered establishing corporate limits as defined in resolution and map or plat when no protest filed; recordation of map or plat
On the day so fixed by the judge of probate if no one appears and makes protest against such change, the judge of probate shall...
- Section 11-42-204 Order to be entered directing election as to establishment of proposed corporate limits
If any protest against such change is made by any person within the territory to be excluded and reasonable cause is shown which, in the...
- Section 11-42-205 Notice of election
The judge of probate shall give notice of the holding of such election by publication in newspaper published within the city or town, one publication...
- Section 11-42-206 Places of voting; persons entitled to vote
Such election shall be held at the regular voting places in said city or town and all qualified electors residing in said city or town...
- Section 11-42-207 Question submitted; conduct of election generally; form, marking, etc., of ballots; appointment, etc., of clerks, inspectors, and returning officer; ascertainment, etc., of election results; entry of order as to adoption of proposed corporate limits, etc
(a) The election shall be to determine whether or not the proposed corporate limits shall be established, and such election must be conducted in all...
- Section 11-42-208 Entry of order dismissing proposal for adoption of proposed corporate limits
If it appears that the majority of votes cast in such election are against the adoption of the proposed corporate limits, an order shall be...
- Section 11-42-209 Contests of election
The result of such election may be contested by any qualified elector voting at the election in the manner provided for contest of general municipal...
- Section 11-42-210 Costs and expenses of proceedings
The city or town at whose instance the proceedings are instituted shall pay all costs and expenses incident thereto, including the cost of such election...
- Section 11-42-211 Map or plat, etc., evidence of municipal boundaries
Said map or plat, the record thereof or a certified copy therefrom, whether the same is adopted without objection or adopted after election as provided...
- Section 11-42-212 Laws governing territory within corporate limits established pursuant to article; jurisdiction as to same
The territory included within the corporate limits established under the provisions of this article shall be subject to all the laws and ordinances of said...
- Section 11-42-213 Fees and compensation of probate judge and other officers for services rendered
The judge of probate for services rendered under the provisions of this article shall be entitled to charge a fee of $10.00. All other officers...
- Chapter 43 MAYOR AND COUNCIL, OTHER OFFICERS, EMPLOYEES, DEPARTMENTS, ETC.
- Article 1 General Provisions.
- Section 11-43-1 Qualifications and residence of mayors, councilmen, and officers
Every mayor, councilman, and officer elected by the whole electorate of the city or town shall be a resident and qualified elector of the city...
- Section 11-43-2 Election of mayors and aldermen; exercise of legislative functions; salary of aldermen
(a) Except as provided in subsection (c), in all cities and towns at the general election to be held on the fourth Tuesday in August,...
- Section 11-43-3 Election, etc., of treasurer, clerk, etc., in cities having more than 6,000 inhabitants; consolidation or abolishment of offices
(a) In cities having a population of more than 6,000, there shall be elected by the council, at its first regular meeting or as soon...
- Section 11-43-4 Election of clerk, etc., in towns and in cities having less than 6,000 inhabitants; filling of vacancies in council generally
In cities having a population of less than 6,000 and in towns, the council shall elect a clerk and fix the salary and term of...
- Section 11-43-5 Provision for tax assessor, tax collector, chief of police, etc.; designation of persons to administer oaths, issue warrants, and approve appearance bonds
The council may provide for a tax assessor, tax collector, chief of police, and chief of the fire department and shall specifically prescribe their duties....
- Section 11-43-5.1 Abolition or creation of civil service system, etc., in municipality having less than 5,000 inhabitants; section in pari materia with Section 36-27-6
(a) Any law to the contrary notwithstanding, the governing body of any municipality, with a population of less than 5,000 persons, by resolution duly adopted,...
- Section 11-43-6 Provision for compensation of and disposition of fees collected by municipal officers generally
It may be provided by ordinance that any city or town officer, elected or appointed, shall receive a salary in lieu of all other compensation,...
- Section 11-43-7 Establishment of salaries and fees of municipal employees; disposition of fees of clerk
All employees of any city or town whose compensation is not fixed by law shall receive such salary or fees for their services as the...
- Section 11-43-7.1 Expense allowances of members of council or other governing body of Class 1 municipalities and municipalities having population of 250,000 or more
(a) The council or other governing body of Class 1 municipalities in Alabama and all municipalities in Alabama having a population of 250,000 or more...
- Section 11-43-7.2 Additional expense allowances for members of council or governing body of Class 1 municipalities
(a) In addition to the authority granted by Section 11-43-7.1, the council or other governing body of any Class 1 municipality may grant to the...
- Section 11-43-7.3 Salary of members of city council of Class 1 municipalities
(a) This section shall relate to only any Class 1 municipality. (b) Effective beginning the term of office commencing in 2017, the annual salary for...
- Section 11-43-8 Establishment of salaries of municipal officers
The salaries of all officers of cities or towns except aldermen and councilmen shall be fixed by the municipal council or other governing body, but...
- Section 11-43-9 Fees, salary, compensation, etc., of officers not to be increased or diminished during term of office
The fees, salary, compensation, or emoluments of any officer whose election or appointment is required or authorized by the applicable provisions of this title shall...
- Section 11-43-10 Municipal officers to pay over public moneys received; daily balances required
Officers of any municipality collecting or receiving moneys of the municipality shall pay such moneys over to the city or town treasurer instanter, daily balances...
- Section 11-43-11 Employment of municipal officers by corporations holding franchises as to use of streets
No officer of any municipality shall, during his term of office, be an officer nor be employed in a managerial capacity, professionally or otherwise, by...
- Section 11-43-12 Aldermen, employees, etc., not to be interested, etc., in municipal contracts, etc.; penalty
(a) No alderman or officer or employee of the municipality shall be directly or indirectly interested in any work, business or contract, the expense, price...
- Section 11-43-12.1 Purchase of services or personal property by Class 7 or 8 municipalities from elected officials, employees, or members of municipal boards
(a) Notwithstanding any statute or law to the contrary, any municipality in Class 7 or 8 may legally purchase from any of the elected officials...
- Section 11-43-13 Bonds of certain municipal officers or employees
All officers or employees handling money or exercising authority over property of municipalities shall, before entering upon the discharge of their duties, give bond, with...
- Section 11-43-14 Dealing, etc., in warrants, claims, etc., of municipality by officers or employees
It shall be unlawful for any officer or employee of a town or city, himself or through any person, to deal or traffic in any...
- Section 11-43-15 False enumeration of municipal census
Any enumerator of census for a municipality who willfully causes a false enumeration to be made, knowing the same to be false, shall be guilty...
- Section 11-43-16 Employment of county deputy sheriffs as policemen
Incorporated municipalities are authorized and permitted to employ as policemen, on a part-time basis, deputy sheriffs of a county in which the municipality is located....
- Section 11-43-17 Ratification of certain salaries of mayors and councilmen
The salary of any mayor or councilman prescribed prior to February 12, 1980, by the council of the municipality in which they serve is hereby...
- Section 11-43-18 Vacancies of over 60 days in governing bodies of Class 5 municipalities
(a) Unless otherwise provided by local law, vacancies in the governing bodies of all Class 5 municipalities which have existed for more than 60 days...
- Section 11-43-19 Retirement pensions for certain elected public officials of Class 2 municipalities
In any Class 2 municipality in this state, any elected public official of such municipality, or any former elected public official of such municipality, who...
- Article 2 Manager.
- Article 3 Council.
- Section 11-43-40 Composition of city councils; voting by president of council
(a) Except as provided in Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of...
- Section 11-43-41 Filling of vacancies in office of aldermen
Vacancies in the office of the aldermen in any city or town shall be filled by the council at the next regular meeting or any...
- Section 11-43-42 Exercise of functions of mayor during absence or disability of mayor; filling of vacancies in offices of mayor, president, and president pro tempore of council
(a) In case of the absence of the mayor from a city of 12,000 or more inhabitants or his inability to serve on account of...
- Section 11-43-43 Powers and duties generally
All legislative powers and other powers granted to cities and towns shall be exercised by the council, except those powers conferred on some officers by...
- Section 11-43-44 Organizational meeting
The members of such council shall, on the first Monday in November after their election, assemble and organize the council.
- Section 11-43-45 Officers - Election or appointment
All elections of officers shall be made viva voce, and a concurrence of a majority of the members to the council shall be required, and...
- Section 11-43-46 Officers - Terms of service
The council shall fix by ordinance the terms of service, not to exceed the term of the mayor, of all the officers appointed or elected...
- Section 11-43-47 Officers - Powers and duties
The council shall prescribe by an ordinance the powers to be exercised and the duties to be performed by the officers appointed or elected so...
- Section 11-43-48 Proceedings - Quorum
In all towns or cities, a majority of the whole number of members to which such corporation is entitled, including the mayor in towns and...
- Section 11-43-49 Proceedings - Time and place of meetings generally; appointment of temporary chairman or election of president pro tempore
The council shall determine the time and place of holding its meetings, which at all times shall be open to the public, and, in towns...
- Section 11-43-50 Proceedings - Regular and special meetings; cancelling and rescheduling meetings
(a) There shall be at least two regular meetings of the council in each month, except that in towns, as defined in Section 11-40-6, there...
- Section 11-43-51 Proceedings - Compulsion of attendance of members
The council may compel the attendance of absent members in such manner and under such penalties as it may prescribe.
- Section 11-43-52 Proceedings - Rules of procedure; journal
The council shall determine the rules of its own proceedings and keep a journal thereof, which shall be open to the inspection and examination of...
- Section 11-43-53 Aldermen not to hold other municipal offices or have interest, etc., in municipal contracts, etc.; penalty
(a) No member of any city or town council shall, during the time for which he has been elected, be appointed to any municipal office...
- Section 11-43-54 Aldermen not to vote on certain matters; removal
No councilman shall be entitled to vote on any question in which he, his employer, or employee has a special financial interest at the time...
- Section 11-43-55 Establishment, organization, etc., of police force
Except as otherwise provided in this title, the council shall have power to establish a police force and to organize the same under the general...
- Section 11-43-56 Management and control of finances and property of municipality
Except as otherwise provided in this title, the council shall have the management and control of the finances and all of the property, real and...
- Section 11-43-57 Annual appropriation of funds for expenditures of departments and interest on indebtedness
In all cities, the council shall appropriate the sums necessary for the expenditures of the several city departments and for the interest on its bonded...
- Section 11-43-58 Judging of qualifications and election of mayor, president of council, etc
The council shall judge of the qualifications and election of the mayor, the president of the council and of each alderman, and such other officers...
- Section 11-43-59 Adoption of fire limits, building laws and ordinances, etc.; condemnation of buildings, etc.; charges for inspections
The council may prescribe fire limits in any city or town, and buildings of wood or other inflammable material shall not be erected therein. The...
- Section 11-43-60 Regulation of storage, use, etc., of explosives; compulsion of efficient service by public utility corporations
(a) The council may regulate and control or prohibit the erection of powder magazines within the police jurisdiction of the city or town, and prevent...
- Section 11-43-61 Regulation of running, switching, etc., of cars, trains, and locomotives on streets, crossings, highways, etc
The council may prescribe reasonable regulations for the running of cars, trains, and locomotives on, over, upon, or across the streets, avenues, alleys, or public...
- Section 11-43-62 Regulation of use of streets for telephone, telegraph, etc., lines; sale or lease of franchises and disposition of moneys therefrom
The council shall regulate the use of the streets for the erection of telegraph, telephone, electric, and all other systems of wires and conduits and...
- Section 11-43-63 Division of municipality into single-member districts
Any city or town council of this state not currently electing its members from single-member districts pursuant to state law may, not less than six...
- Section 11-43-64 Procedural requirements for increasing number of single-member districts in Class 3 municipalities
Notwithstanding other provision of law, including but not limited to Section 11-43-63, a Class 3 municipality may, by ordinance adopted by a majority of the...
- Section 11-43-65 Filling vacancies on city council in Class 6 municipalities
Notwithstanding any other provision of law, a vacancy on the city council of a Class 6 city may be filled by either of the following...
- Section 11-43-66 Increases to compensation for members of city council in Class 1 municipalities
Not less than six months prior to each general election for the election of the city council, the city council of any Class 1 municipality...
- Article 4 Mayor.
- Section 11-43-80 Powers and duties generally; office; salary; employment, salary, etc., as superintendent of municipal light, water, sewage, etc., systems
(a) The mayor shall have the powers and perform the duties provided by this title and by other applicable provisions of law and shall keep...
- Section 11-43-81 Designated chief executive officer; powers of appointment and removal
The mayor shall be the chief executive officer, and shall have general supervision and control of all other officers and the affairs of the city...
- Section 11-43-81.1 Authority of mayors of Class 1 municipalities to appoint chief administrative assistants
The mayor of any Class 1 municipality or of any municipality having a population of 250,000 or more according to the last or any subsequent...
- Section 11-43-82 Issuance of proclamation closing shops and forbidding sale of arms, ammunition, etc., during riots, etc
Whenever any mob, riot, or tumult has occurred or there is reasonable cause to apprehend an occurrence thereof in any city, town, or village or...
- Section 11-43-83 Execution, etc., of deeds, contracts, bonds, etc
The mayor shall see that all contracts with the town or city are faithfully kept or performed. He shall execute all deeds and contracts and...
- Section 11-43-84 Requiring of reports by municipal officers; statement to council of financial condition of municipality
The mayor shall require reports to be made to him by any officer of the city or town at such times as he may direct...
- Section 11-43-85 Appointment, etc., of accountant, etc., to conduct examination and prepare report as to municipal books and accounts
In cities and towns, the mayor, at least once a year, shall appoint an independent public accountant or the Department of Examiners of Public Accounts...
- Section 11-43-86 Compensation of mayor, etc., of Class 1 municipality; mayor authorized to attend certain meetings, etc.; applicability of section
(a) The mayor or other chief executive officer of any Class 1 city shall be paid, in addition to the compensation provided by law for...
- Section 11-43-86.1 Increase to compensation for mayor of Class 1 municipality
Effective beginning the next term of office of the mayor of any Class 1 municipality, the annual salary for the mayor of any Class 1...
- Section 11-43-87 Filling of vacancies for mayor, president of council, etc., in Class 3 municipalities
(a) Unless otherwise provided by local law, in the event of the absence or disability of the mayor of all Class 3 municipalities, the president...
- Article 5 Clerk.
- Section 11-43-100 Attendance at and preparation of record of council meetings; custody of seal and rules, ordinances, etc., of council
The clerk of all cities and towns shall attend the meetings of the council and keep a record of its proceedings. He shall have the...
- Section 11-43-101 Auditing, recordation, etc., of claims, etc., against municipality and issuance of warrants therefor
The clerk shall submit all claims, requisitions, and demands against the city or town to the council at its next regular meeting for its approval,...
- Section 11-43-102 Maintenance, etc., of municipal books and accounts
The clerk shall keep a convenient set of books in which there shall be kept a separate account with each collecting officer of the city...
- Section 11-43-103 Issuance of licenses; devolution of duties upon auditor
The clerk shall issue all licenses unless otherwise provided by ordinance, receiving the money therefor, and pay the same over instanter to the city treasurer....
- Section 11-43-104 Additional duties; bond
The clerk, in addition to these enumerated duties, shall perform any and all duties that may be required of him by ordinance or resolution. He...
- Article 6 Treasurer.
- Article 7 Fire Department.
- Section 11-43-140 Authorized; management and control
Cities and towns may maintain and operate a volunteer or paid fire department and may do any and all things necessary to secure efficient service....
- Section 11-43-141 Operation, etc., beyond corporate limits and police jurisdiction - Emergencies; liabilities, exemptions, etc
Whenever the necessity arises during any emergency resulting from fire or other public disaster, the firemen of any city or town may, together with all...
- Section 11-43-142 Operation, etc., beyond corporate limits and police jurisdiction - Contracts with municipalities, counties, manufacturing or industrial concerns, etc.; liability for injuries
The governing body of any city or town may, in its discretion, authorize or require the fire department thereof to render aid in cases of...
- Section 11-43-143 Municipal or state firefighters or firemen not to strike, assert right to strike, etc.; rights to join labor organizations, etc
(a) No person shall accept or hold any commission or employment as a firefighter or fireman in the service of the state or of any...
- Section 11-43-144 Compensation for death or disability of firefighters from occupational diseases
(a) As used in this section the following words and terms shall have the meanings ascribed to them herein unless a contrary meaning is indicated...
- Article 8 Removal or Impeachment of Municipal Officers.
- Article 9 Civil Service Merit Systems for Law Enforcement Officers.
- Section 11-43-180 Purpose of article
In recognition of the inefficiencies, inadequacies, and inconsistencies in law enforcement programs and practices of many municipalities of this state and in recognition of the...
- Section 11-43-181 "Law enforcement officer" defined
As used in this article, the term "law enforcement officer" shall mean and include a policeman, policewoman, and other official who has authority to make...
- Section 11-43-182 Requirement as to establishment of merit systems by municipalities generally
Every municipality shall establish, separately or jointly, a civil service merit system governing the appointment, removal, tenure, and official conduct of municipal law enforcement officers.
- Section 11-43-183 Agreements for furnishing by State Personnel Department of services and facilities for administration of merit systems for law enforcement officers of municipalities - Authorized
Any municipality failing to establish such a civil service merit system for said law enforcement officers within one year after August 23, 1976, shall, subject...
- Section 11-43-184 Agreements for furnishing by State Personnel Department of services and facilities for administration of merit systems for law enforcement officers of municipalities - Reimbursement of state for cost of services and facilities furnished; disposition of funds received by state as reimbursements
Every such agreement with the state Director of Personnel to furnish the services and facilities of the State Personnel Department to such municipalities shall provide...
- Section 11-43-185 Agreements for furnishing by State Personnel Department of services and facilities for administration of merit systems for law enforcement officers of municipalities - Classification of municipal law enforcement officers and applicability of state Merit System rules and regulations
Each law enforcement officer in the civil service of any municipality at the time such municipality enters into such an agreement with the state Director...
- Section 11-43-186 Determination of salaries to be paid classifications within merit systems
The salaries to be paid in each classification established by the merit system shall be determined by the governing body of the municipality.
- Section 11-43-187 Exemption of chief of police and deputy chief from provisions of merit systems
The merit system may exempt from its provisions the chief of police and the deputy chief.
- Section 11-43-188 Provision in merit systems for probationary periods of employment
The merit system adopted may provide for a probationary period of employment of up to one year during which time said officer shall not obtain...
- Section 11-43-189 Appointment of members of personnel board by Representatives and Senators in district
Each merit system created under this article shall have the option of having at least one member of its personnel board appointed by the Representatives...
- Section 11-43-190 Applicability of provisions of article
(a) This article shall not apply to any municipality with an established civil service or merit system already in existence on August 23, 1976, so...
- Article 10 Reserve Law Enforcement Officers.
- Article 11
- Article 12 Class 8 Municipal Officers Designate Representative.
- Chapter 43A COUNCIL-MANAGER FORM OF GOVERNMENT.
- Article 1 Council-Manager Act of 1982.
- Section 11-43A-1 Applicability of chapter to classes of municipalities; short title
Any Class 2, 3, 4, 5, 6, 7, or 8 municipality in the State of Alabama may adopt the council-manager form of government by proceeding...
- Section 11-43A-1.1 Organization of council-manager form of government; election of council members
Notwithstanding any other provision of this article, after the judge of probate has certified to the mayor or other chief executive officer of the municipality...
- Section 11-43A-2 Petition to probate judge for election as to adoption of council-manager form of government; examination of petition and certification to mayor
The filing of a petition signed by 10 percent or more of the number of qualified voters who voted in the last general municipal election...
- Section 11-43A-3 Submission of question for election; proclamation of mayor; order of judge of probate
The mayor or other chief executive officer of such municipality shall immediately upon receipt of such certificate from the judge of probate, by proclamation, submit...
- Section 11-43A-3.1 Election in Class 6 municipalities - Time, procedure, etc
Any law to the contrary notwithstanding, an election shall be held in every Class 6 municipality wherein the municipal governing body has elected to have...
- Section 11-43A-3.2 Election in Class 6 municipalities - Provisions to supersede other laws in 1983
The provisions of section 11-43A-3.1, authorizing an election in certain Class 6 municipalities in 1983 on the question of the adoption of the council-manager form...
- Section 11-43A-3.3 Election in Class 7 municipality - Adoption of council-manager form of government
(a)(1) In addition to any mayor-council form of government authorized in this chapter, the governing body of a Class 7 municipality may elect by resolution...
- Section 11-43A-4 Subsequent elections not to be held within two years of preceding election
If the council-manager form of government is not adopted at the election so called the question of adopting such form of government shall not be...
- Section 11-43A-5 Form and marking of ballots
At such election the question to be submitted shall be printed in plain, prominent type on separate ballots and shall read as follows: "Shall the...
- Section 11-43A-6 Conduct of election, canvassing of vote, and declaration of election result; adoption and certification of provisions of chapter
The election shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law with respect to other municipal...
- Section 11-43A-7 Time for change in form of government
The change in the form of government shall take place on the first Monday in November following the date of the next ensuing municipal election...
- Section 11-43A-8 Name of governing body; composition of council; election of council; alternate form for Class 6 cities
(a) The governing body provided for herein shall be known collectively as the "Council of the City (Town) of _____ (name of city or town...
- Section 11-43A-9 Election of municipal officers; division of municipality into districts; qualifications and eligibility of candidates; runoff election; term of office; exception for Class 6 cities
(a) In all cities to which this section applies, except Class 6 cities wherein the municipal governing body has elected to have a nine-member council,...
- Section 11-43A-10 Continuation of municipal corporation
Any municipal corporation which adopts the council-manager form of government shall continue its existence as a body corporate without change in the municipal corporation. The...
- Section 11-43A-11 Municipal government to be known as "council-manager form of government"; vesting of municipal powers in council
The municipal government of any such city or town proceeding under this article shall be known as the "council-manager form of government." Pursuant to the...
- Section 11-43A-12 Powers of municipality
The municipality shall have all the powers granted to municipal corporations by the Constitution and the laws of the state together with all the implied...
- Section 11-43A-13 Filing of statement of candidacy for office of mayor or councilman; qualifications
Any person desiring to become a candidate at any election for the office of mayor or councilman may become such candidate by filing a statement...
- Section 11-43A-14 Printing and preparation of ballots; conduct of election
(a) At every such election all ballots to be used by the voters shall be printed and prepared by the municipality and shall contain the...
- Section 11-43A-15 Compensation of mayor and councilmen
The mayor and each councilman shall receive as compensation for their services the sum established by the municipal governing body at least six months prior...
- Section 11-43A-16 Duties of mayor; assistant mayor; vacancy; mayor pro tempore; vacancies; exceptions in Class 6 cities and Class 7 municipalities
(a) The mayor shall preside at the meetings of the council and shall be recognized as the head of the municipal government for all ceremonial...
- Section 11-43A-17 Powers of council
All powers of the municipality including all powers vested in it by this chapter and by the Constitution, the general and local laws of this...
- Section 11-43A-18 Appointment of city manager; temporary acting city manager; removal; dealings with administrative service
The council, by a majority vote of the whole qualified membership of the council, shall appoint a city manager, who shall be an officer of...
- Section 11-43A-19 Power of council to create, change, and abolish offices, etc., and assign additional functions or duties thereto
The council, by ordinance, may create, change, and abolish offices, departments, boards, or agencies other than the offices, departments, boards, or agencies established by this...
- Section 11-43A-20 Clerk of municipality; when subject to civil service or merit system; duties
If the clerk of any municipality which adopts the council-manager form of government holds office subject to any civil service or merit system, such clerk...
- Section 11-43A-21 Times for meetings of council; open to public
The first meeting of each newly elected council for induction into office shall be held at 10:00 in the morning on the first Monday in...
- Section 11-43A-22 Investigation and determination of election and qualifications of council members by council; judicial review
The council shall be the judge of the election and qualifications of its members and for the purpose of investigating such election and qualifications shall...
- Section 11-43A-23 Rules of council
The council shall determine its own rules and order of business and such rules shall be established by ordinance.
- Section 11-43A-24 Regular public meetings of council; adjourned, called, special, or other meetings; quorum; when vote of majority of quorum sufficient; when vote of majority of council required; procedure; record of proceedings; journal; unanimous consent for passage of certain ordinances at meeting where introduced; publication of ordinances
The council shall hold regular public meetings as may be prescribed by its own rules, provided that a regular hour and day shall be fixed...
- Section 11-43A-25 Thirty-day delay in effect of ordinances granting franchises, etc.; publication at expense of grantee
No ordinance granting to any person, firm, or corporation of any franchise, lease of right to use the streets, public highways, thoroughfares, or public property...
- Section 11-43A-26 Revision and codification of ordinances and resolutions or adoption of code
The council may provide for the revision and codification of its ordinances and permanent resolutions or for the adoption of a code or codes.
- Section 11-43A-27 Monthly statement and summary; annual examination of books and accounts; publication of results
The council shall each month make available in the office of the city manager a detailed statement of all receipts and expenses of the municipality...
- Section 11-43A-28 Qualifications of city manager; duties; designation or appointment of administrative officer to perform duties of manager during temporary absence or disability
The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual...
- Section 11-43A-29 Fiscal, budget, and accounting year; submission and adoption of budget; changes in budget
The fiscal year of the municipality shall begin on the first day of each October in each year and shall end on the last day...
- Section 11-43A-30 Municipal treasurer; establishment of office and assignment of duties; election; assignment of duties to city clerk as clerk-treasurer
The council may establish, by ordinance, the office of municipal treasurer and assign to such office the duties and responsibilities it deems necessary. The treasurer...
- Section 11-43A-31 Payment and deposit of municipal funds
The council shall prescribe, by ordinance, the method of paying out funds of the municipality. Checks and warrants shall be signed by at least two...
- Section 11-43A-32 Establishment of council districts; at-large posts; exception for Class 6 cities
(a) Except as otherwise provided for in Section 11-43A-1.1 and subject to subsection (b), there shall be established three council districts to be designated respectively...
- Section 11-43A-33 Reapportionment of council districts; filing of recommended plan with council; redistricting ordinances; effect on incumbents and on elections held within six months
Whenever there shall be a change in population in any of the districts heretofore established, evidenced by a federal census of population published following the...
- Section 11-43A-34 Effect of chapter on existing officers, employees, offices, departments, etc
Nothing in this article contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality or...
- Section 11-43A-35 Continuation in office of persons holding administrative office until contrary provision is made; transfer of powers and duties of abolished offices, etc
All persons holding administrative office at the time the council-manager form of government is adopted shall continue in office and in the performance of their...
- Section 11-43A-36 Continuation in office of persons in civil service or merit system
Any person holding an office or position in the civil service of the municipality under any civil service or merit system applicable to the municipality...
- Section 11-43A-37 Transfer of records, property, and equipment of office, etc., when duties reassigned
All records, property, and equipment whatsoever of any office, department, or agency or part thereof, all the powers and duties of which are assigned to...
- Section 11-43A-38 Continuation of offices, departments, etc., until otherwise provided
Any office, department, board, or agency provided for in this article with a name or with powers and duties the same or substantially the same...
- Section 11-43A-39 Continuation of contracts; completion of public improvements
All contracts entered into by the city, or for its benefit, prior to the adoption by such city of the council-manager form of government, shall...
- Section 11-43A-40 Effect of chapter on pending litigation
No action or proceeding, civil or criminal, pending at the time of the adoption of the council-manager form of government, brought by or against the...
- Section 11-43A-41 Effect of chapter on laws relating to pension, retirement, and relief funds for employees
All laws and parts of laws relating to pension, retirement, and relief funds for any employees of the municipality, as the same may apply and...
- Section 11-43A-42 Continuation of laws relating to boards, authorities, agencies, etc., with independent status until otherwise provided
All laws relating to the school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board, zoning board, park or...
- Section 11-43A-43 When chapter becomes applicable to municipality
For all purposes the provisions of this article shall become applicable to said municipality at the time when the first council of such municipality elected...
- Section 11-43A-44 Continuation of ordinances and resolutions unless and until changed or repealed
All ordinances and resolutions of the municipality in effect at the time of adoption by the municipality of the council-manager form of government herein set...
- Section 11-43A-45 Discrimination prohibited
No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any municipal position or appointive...
- Section 11-43A-46 Right of city manager, heads of departments, etc., to attend council meetings and take part in discussions; city manager to be notified of special or adjourned meetings
The city manager, the heads of all departments, and such other officers of the municipality as may be designated by the council, shall be entitled...
- Section 11-43A-47 Right of council, city manager and designees to investigate municipal affairs, etc
The council, the city manager, or any person or committee authorized by either of them, shall have the power to inquire into the conduct of...
- Section 11-43A-48 Limit on contracts involving money payments; requirements for validity
No contract involving the payment of money out of the appropriation of more than one year shall be made for a period of more than...
- Section 11-43A-49 Bond of city manager and other officers and employees
The city manager and other such officers or employees as the council may by general ordinance require so to do, shall give bond in such...
- Section 11-43A-50 Oath or affirmation of councilman, officers, and employees
Every councilman, officer and employee of the municipality shall, before entering upon the duties of his office, take and subscribe to the following oath or...
- Section 11-43A-51 Change from council-manager form of government; when election thereon authorized
No municipality may change from the council-manager form of government within three years after the adoption thereof. At the end of such period, or at...
- Section 11-43A-52 Effect of chapter on existing laws
All laws and parts of laws, general, local, or special, relating to or affecting the city, its powers, functions, duties, and property, in force when...
- Article 2 Council-Manager Act of 1991.
- Section 11-43A-70 Adoption of ordinance establishing council-manager form of government; short title
Within three months of the approval of this article by the Governor, the governing body of any Class 2, 3, 4, 5, 6, 7 or...
- Section 11-43A-71 When council-manager form of government becomes effective
When such an ordinance is adopted within the time period specified in Section 11-43A-70, the council-manager form of government under this article shall become effective...
- Section 11-43A-72 Form of government to be known as "council-manager form of government"; vesting of municipal powers in council
The form of government of any municipality proceeding under this article shall be known as the "council-manager form of government." Pursuant to the provisions and...
- Section 11-43A-73 Continuation of municipal corporation
Any municipality which adopts the council-manager form of government under this article shall continue its existence as a body corporate without change in the municipal...
- Section 11-43A-74 Powers of municipality
The municipality shall have all the powers granted to municipal corporations by the constitution and the laws of this state together with all the implied...
- Section 11-43A-75 Mayor and council members to continue in office until expiration of terms
The mayor and council members, and all officers of the council, who are holding office on the date of the preclearance by the United States...
- Section 11-43A-76 Composition of council; municipal elections
The council shall consist of seven council members who shall be elected by single-member districts. There shall be one mayor, and he shall be elected...
- Section 11-43A-77 Population of districts; designation and boundaries specifically described; municipalities having seven council districts prior to effective date
The seven council districts shall have, as nearly as is reasonable, the same population according to the last federal decennial census. The designation and boundaries...
- Section 11-43A-78 Election of municipal officers; qualifications and eligibility of candidates; runoff election; term of office
With respect to municipal elections, each candidate shall announce that he is to become a candidate for either mayor or for councilman of District 1,...
- Section 11-43A-79 Compensation for mayor and councilmen
The mayor and councilmen shall receive as compensation for their services the respective sums established by the council by ordinance at least six months prior...
- Section 11-43A-80 Procedure for becoming candidate
Any person desiring to become a candidate at any election for the office of mayor or councilman may become a candidate by filing a statement...
- Section 11-43A-81 Election ballots
At every such election all ballots to be used by the voters shall be printed and prepared by the municipality and shall contain the names...
- Section 11-43A-82 Duties, powers, and rights of mayor
The mayor shall preside at the meetings of the council and shall be recognized as the head of the municipal government for all ceremonial purposes....
- Section 11-43A-83 Powers of council; president and president pro tem
The council shall be the governing body of the municipality and shall exercise all legislative functions of the municipality. All powers of the municipality, including...
- Section 11-43A-84 Appointment of city manager; temporary acting city manager; term of city manager; removal; actions by council or its members prohibited or restricted
(a) The council, by a majority vote of the whole qualified membership of the council, shall appoint a city manager who shall be an officer...
- Section 11-43A-85 Qualifications of city manager; duties and powers; designation or appointment of administrative officer to perform duties of manager during temporary absence or disability
(a) The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his...
- Section 11-43A-86 Clerk of municipality; when subject to civil service or merit system; duties
If the clerk of any municipality which adopts the council-manager form of government under this article holds office subject to any civil service law or...
- Section 11-43A-87 Times for meeting of council; open to public
The council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than twice each month. All meetings...
- Section 11-43A-88 Council to be judge of election and members' qualifications; investigation; judicial review
The council shall be the judge of the election and qualifications of its members and, for the purpose of investigating such election and qualifications, shall...
- Section 11-43A-89 Rules of council
The council shall determine its own rules and order of business, and such rules shall be established by ordinance.
- Section 11-43A-90 Regular public meetings of council; adjourned, called, special, or other meetings; quorum; when vote of majority of quorum sufficient; when vote of majority of council required; procedure; record of proceedings; journal; unanimous consent for passage of certain ordinances at meeting where introduced; publication of ordinances
The council shall hold regular public meetings as may be prescribed by its own rules, provided that a regular hour and day shall be fixed...
- Section 11-43A-91 Thirty-day delay in effect of ordinances granting franchises, etc.; publication at expense of grantee
No ordinance granting to any person, firm or corporation any franchise, lease or right to use the streets, public highways, thoroughfares or public property of...
- Section 11-43A-92 Codification and revision of ordinances and resolutions
The council may provide for the codification of its ordinances and permanent resolutions and any revisions thereof.
- Section 11-43A-93 Monthly statement and summary; annual examination of books and accounts; publication of results
The city manager shall each month make available to the council a detailed statement of all receipts and expenses of the municipality, and the council...
- Section 11-43A-94 Fiscal, budget, and accounting year; submission and adoption of budget; changes in budget
(a) The fiscal year of the municipality shall begin on the first day of each October in each year and shall end on the last...
- Section 11-43A-95 Municipal treasurer; establishment of office and assignment of duties; election; assignment of duties for city clerk as clerk-treasurer
(a) The council may establish, by ordinance, the office of municipal treasurer and shall assign to such office the duties and responsibilities which it deems...
- Section 11-43A-96 Payment and deposit of municipal funds
The council shall prescribe, by ordinance, the method of paying out funds of the municipality. Checks and warrants shall be signed by at least two...
- Section 11-43A-97 Reapportionment of council districts; filing of recommended plan with council; redistricting ordinances; effect on incumbent
Whenever there shall be a change in the population of any of the council districts according to the federal decennial census of population published following...
- Section 11-43A-98 Effect of article on rights and privileges of officers, employees, departments, boards, etc
Nothing in this article, except as may otherwise be specifically provided herein, shall affect or impair the rights and privileges of the officers and employees...
- Section 11-43A-99 Continuation in office of persons holding administrative office until different provision made; transfer of powers and duties of abolished offices
All persons holding any administrative office on the date that the council-manager form of government under this article is made effective shall continue in office...
- Section 11-43A-100 Continuation in office of persons in civil service or merit system
Any person holding an office or position in the civil service of the municipality under any civil service law or merit system applicable to the...
- Section 11-43A-101 Transfer of records, property, and equipment when duties and powers of office, department, etc., reassigned
If the powers and duties of any office, department, board or agency of the municipality are by this article assigned to another office, department, board...
- Section 11-43A-102 Continuation of offices, departments, etc., until otherwise provided
Any office, department, board or agency provided for in this article with a name or with powers and duties which are the same or substantially...
- Section 11-43A-103 Continuation of contracts; completion of public improvements
All contracts and other obligations entered into by the municipality, or for its benefit, prior to the adoption by the municipality of the council-manager form...
- Section 11-43A-104 Effect of article on pending litigation
No action or proceeding, civil or criminal, pending at the time of the adoption of the council-manager form of government under this article, brought by...
- Section 11-43A-105 Continuation of laws relating to boards, authorities, agencies, etc., with independent status until otherwise provided
All laws relating to any school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board or commission, zoning board,...
- Section 11-43A-106 Continuation of ordinances and resolutions unless and until changed or repealed
All ordinances and resolutions of the municipality in effect at the time of the adoption of the council-manager form of government under this article shall...
- Section 11-43A-107 Discrimination prohibited
No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to, any municipal position or appointed...
- Section 11-43A-108 Right of city manager, directors of departments, etc., to attend council meetings and take part in discussions; city manager to be notified of all council meetings
The city manager, the directors of all departments and such other officers of the municipality as may be designated by the council shall be entitled...
- Section 11-43A-109 Right of council, city manager, and designees to investigate municipal affairs, etc
The council and the city manager, or any person or committee authorized by either of them, shall have the power to inquire into the conduct...
- Section 11-43A-110 Limits on contracts involving money payments; requirements for validity
No contract involving the payment of money out of the appropriation of more than one year shall be made for a period of more than...
- Section 11-43A-111 Bond of city manager and other officers and employees
The city manager, and other officers or employees whom the council may by ordinance require, shall give bond in such amount, for such matters and...
- Section 11-43A-112 Oath or affirmation of mayor, councilmen, officers, and employees
The mayor and every councilman, officer and employee of the municipality shall, before entering upon the duties of his office, take and subscribe to the...
- Section 11-43A-113 Referendum to determine form of government
Between October 1, 1991, and March 31, 1992, any municipality adopting the council-manager form of government under this article, regardless of which effective date is...
- Section 11-43A-114 Referendum ballots
At such referendum, the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for any...
- Section 11-43A-115 Adoption of form of government by majority of votes
If the majority of votes are in favor of the council-manager form of government, then the council-manager form of government under this article shall, without...
- Section 11-43A-116 Effect of article on existing laws
All laws and parts of laws, general, local or special, relating to or affecting such municipality, its powers, functions, duties, corporate limits or property, which...
- Chapter 43B MAYOR-COUNCIL FORM OF GOVERNMENT IN CLASS 4 MUNICIPALITIES.
- Section 11-43B-1 Authority to adopt mayor-council form of government
Within three months of the approval of this chapter the governing body of a Class 4 municipality by a majority vote of the members of...
- Section 11-43B-2 Election date; when mayor-council form of government deemed adopted
An election for mayor and members of the city council shall be held on the second Tuesday in July, 1986, with a runoff, if necessary,...
- Section 11-43B-3 Terms of office
The mayor and council members elected hereunder shall serve four-year terms with the first election being held as herein provided in section 11-43B-2 and every...
- Section 11-43B-4 Conduct of elections; residency requirements; qualifying fee; statement of campaign expenses and contributions
The initial elections provided for herein, and all subsequent elections, shall be conducted, the vote canvassed, the results declared, and those elected assume the duties...
- Section 11-43B-5 Salary and expenses of mayor and council members; participation in hospitalization, medical care, and insurance programs
In addition to any salary set by ordinance, the mayor and council members shall receive their actual and necessary expenses as approved by a majority...
- Section 11-43B-6 Holding of other public office during term as council member; holding of compensated appointive office by former council member or mayor
Except where clearly authorized by law, no council member shall hold any other public office or be employed by the city during the term for...
- Section 11-43B-7 Council not to direct appointment or removal of any person from office; appointment of civil service employees; limits on supervision of employees by council
Neither the council nor any of its members shall direct or request the mayor or any employee of the city to appoint or remove any...
- Section 11-43B-8 Government known as mayor-council form of government; powers vested in council; agenda of meetings; exercise of powers; quorum
The government of any such city operating under this chapter shall be known as the mayor-council form of government. Pursuant to the provisions and limitations...
- Section 11-43B-9 Statement of receipts and expenses; audit of books and accounts; publication of audit; submission of audit to mayor
The mayor shall, from time to time, prepare a detailed statement of all receipts and expenses of the city. At the end of each fiscal...
- Section 11-43B-10 Budget, appropriations, and expenditures
The mayor shall annually prepare and submit a proposed budget to the council. After public hearing the council shall adopt an ordinance providing the municipal...
- Section 11-43B-11 President of council; president pro tempore appointed upon failure or refusal to act
The council shall elect from its members a president of the council. In the event of a failure or refusal of the president of the...
- Section 11-43B-12 Vacancies in offices of mayor, president of council, and councilman
In the event of a vacancy, from any cause, in the office of mayor, the council shall appoint a person to succeed to the office...
- Section 11-43B-13 Franchise or lease of right to use streets or public property
No ordinance granting to any person, firm, or corporation of any franchise or lease of right to use the streets, public highways, thoroughfares or public...
- Section 11-43B-14 Initial territorial limits
The initial territorial limits of any municipality which adopts the mayor-council form of government as provided by this chapter shall be the same as under...
- Section 11-43B-15 Number of council members; boundaries of districts
The council shall be composed of seven members. The boundaries of the districts shall be established by ordinance adopted at least six months prior to...
- Section 11-43B-16 Redistricting of boundaries after publication of census or change in corporate limits
After the publication of a federal census of population or a substantial change in the corporate limits, if any council district contains a population which...
- Section 11-43B-17 Creation of departments, etc., by ordinance; discontinuance of functions assigned by law
By ordinance, the council may establish city departments, boards, offices, or agencies and may prescribe the functions thereof, except that no function assigned by law...
- Section 11-43B-18 Limit on duration of contracts; validity of contracts
No contract involving the payment of money out of the budget of more than one fiscal year shall be made for a period of more...
- Section 11-43B-19 Effect of chapter on preexisting rights of officers and employees
Nothing contained in this chapter, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality or...
- Section 11-43B-20 Administrative offices continued; exercise of powers and duties of offices, etc., abolished by chapter
All persons holding administrative office at the time the mayor-council form of government is adopted shall continue in office and in the performance of their...
- Section 11-43B-21 Transfer of powers and duties from existing offices to similar offices provided for in this chapter; applicability of laws relating to existing offices
Any office, department, board, or agency provided for in this chapter with a name or with powers and duties the same or substantially the same...
- Section 11-43B-22 Continuance in office of persons under existing civil service system; chapter not to supersede existing civil service system
Any person holding an office or position in the civil service of the municipality under any civil service or merit system applicable to the municipality...
- Section 11-43B-23 Interagency transfer of records, equipment, etc
All records, property, and equipment whatsoever of any office, department, or agency or part thereof, all the powers and duties of which are assigned to...
- Section 11-43B-24 Continuance of contracts in effect
All contracts entered into by the city, or for its benefit, prior to the adoption by such city of the mayor-council form of government, shall...
- Section 11-43B-25 Pending legal actions and proceedings
No action or proceeding, civil or criminal, pending at the time of the adoption of the mayor-council form of government, brought by or against the...
- Section 11-43B-26 Pension, retirement, and relief fund laws continued in effect
All laws and parts of laws relating to pension, retirement, and relief funds for any employees of the municipality, as the same may apply and...
- Section 11-43B-27 Laws as to independent boards, authorities, and agencies continued in effect
All laws relating to the school board, library board, hospital board, airport board, industrial development boards or authorities, housing authorities, medical clinic boards, plumbers or...
- Section 11-43B-28 Powers generally
(a) The municipality shall have all powers granted to municipal corporations and to cities by the Constitution, code and laws of this state, together with...
- Section 11-43B-28.1 Increase in membership of city board of education and waterworks and sewer board
In any Class 4 municipality which has adopted a mayor-council form of government pursuant to Chapter 43B (commencing with Section 11-43B-1) of Title 11, the...
- Section 11-43B-29 Ordinances and resolutions continued in effect; references to city commission, etc., deemed to refer to city council
All ordinances and resolutions of the municipality in effect at the time of the adoption of the mayor-council form of government herein established shall continue...
- Section 11-43B-30 Purchase of labor services, materials, etc., from elected officials or employees
Notwithstanding any statute or law to the contrary, any Class 4 municipality which adopts this form of mayor-council government may legally purchase or lease from...
- Section 11-43B-31 Laws relating to city continued in effect; inconsistent laws as to exercise of powers and duties of other form of government; Chapter 44B of this title not repealed
All laws and parts of laws, general, local, or special, relating to or affecting the city, its powers, functions, duties, and property, in force when...
- Section 11-43B-32 Violation of chapter
Any person who willfully and intentionally violates a provision of this chapter shall upon conviction be guilty of a Class A misdemeanor and shall be...
- Chapter 43C MAYOR-COUNCIL FORM OF GOVERNMENT IN CLASS 5 MUNICIPALITIES.
- Section 11-43C-1 Applicability of chapter
This chapter shall apply to any Class 5 municipality in the State of Alabama.
- Section 11-43C-2 Special election as to adoption of mayor-council form of government
After May 21, 1987, the mayor or chief executive officer of any city to which this chapter applies may call a special election to be...
- Section 11-43C-3 Form of ballot; marking of ballot; use of voting machines
At such election the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for any...
- Section 11-43C-4 Conduct of election; election expenses
The election shall be held and conducted in accordance with the provisions of Title 11, except as herein otherwise specifically provided. The expenses of any...
- Section 11-43C-5 Provisions applicable if mayor-council form of government chosen
If a majority of the qualified electors voting in the election provided herein vote in favor of a mayor-council form of government, the following provisions...
- Section 11-43C-6 Election of mayor and council members; time of taking office; election expenses
An election shall be held in 1988 at the regularly scheduled municipal election and the officials elected shall take office upon the expiration of the...
- Section 11-43C-7 Qualification of council candidates; votes cast by each voter; majority vote requirements; runoff elections; elections held quadrennially; when elected councilmen take office; term of office; councilman may succeed himself
Council candidates shall qualify as provided by law and shall have the qualification and eligibility set forth herein. Each voter in the election may cast...
- Section 11-43C-8 Mayor - Majority vote requirements; runoff election
The candidate for mayor receiving the largest number of votes for the office shall be elected thereto, provided such candidate receives a majority of all...
- Section 11-43C-9 Mayor - Elections held quadrennially; oath; may succeed himself
The mayor shall qualify and take office in the manner herein prescribed. The regular election for mayor shall be held quadrennially thereafter under the same...
- Section 11-43C-10 City continued as municipal corporation
When this mayor-council form of government becomes applicable to a city, said city shall continue as a municipal corporation, within the corporate limits as now...
- Section 11-43C-11 Government known as "mayor-council form of government"; powers of city vested in council; manner in which powers exercised
The municipal government of any such city proceeding under this chapter shall be known as the "mayor-council form of government." Pursuant to the provisions and...
- Section 11-43C-12 Powers of city generally
The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of this state, together with all...
- Section 11-43C-13 Council to consist of five district council members; division of municipality into districts; changing district boundaries where population varies by over five percent
The council shall include five members who shall be known and elected as district council members. Such district council members shall be elected from districts...
- Section 11-43C-14 District council members - Filing as candidate; qualifying fee
Any person desiring to become a candidate in any election for the office of district council member may become such candidate by filing in the...
- Section 11-43C-15 District council members - No primary elections; filing of pauper's oath or petition to become candidate
No primary election shall be held for the nomination of candidates for the office of council member, and candidates shall be nominated only as provided...
- Section 11-43C-16 District council members - Oath of office
Every person who shall be elected or appointed to fill a vacancy in the office of council member shall, upon assuming office, qualify by making...
- Section 11-43C-17 District council members - Qualifications; holding other offices; effect of conviction or loss of any qualification
Councilmen shall be qualified electors of the city and, in the case of candidates for any district, they shall have been residents of the district...
- Section 11-43C-18 District council members - Compensation; additional stipend for president of council
Each council member shall receive as compensation for his services the sum of $50.00 for each meeting of the council attended, and $400.00 per month....
- Section 11-43C-19 President of council
The president of the council shall be elected by the members of the council and shall serve the regular two-year term and may be re-elected...
- Section 11-43C-20 Vice-president of council
The vice-president of the council shall be elected by the members of the council and shall serve a two-year term and may be re-elected for...
- Section 11-43C-21 Powers of council; dealings with officers and employees in administrative service
All legislative powers of the city, including all powers vested in it by this chapter, by the laws, general and local, of the state, and...
- Section 11-43C-22 Vacancies in council
Vacancies of any nature in the council other than those occurring less than one year prior to the date of the next regular council election,...
- Section 11-43C-23 Creating, changing, abolishing, or assigning additional functions to offices, departments, or agencies
The council, upon recommendation of the mayor, by ordinance may create, change, and abolish offices, departments, or agencies, other than the offices, departments, and agencies...
- Section 11-43C-24 City clerk continued in office; applicability of merit system; appointment of successor; duties
The city clerk serving under the merit system at the time that this chapter becomes effective shall continue to hold office as the city clerk...
- Section 11-43C-25 First meeting of council; council to meet regularly; meetings open to public
The first meeting of each newly elected council for induction into office shall be held at 10 o'clock in the morning on the first Monday...
- Section 11-43C-26 Council to judge election and qualifications of members
The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and...
- Section 11-43C-27 Rules and order of business of council; journal of proceedings
The council shall determine its own rules and order of business. It shall keep a journal of its proceedings, and the journal shall be open...
- Section 11-43C-28 Meetings of council; quorum; majority vote requirement; procedure; record of proceedings; procedure as to ordinances or resolutions of permanent operation; publication; no veto as to council actions relating to an investigation
The council shall hold regular public meetings weekly, day or night, at a regular hour to be fixed by said council from time to time...
- Section 11-43C-29 Grant of franchise, lease, or right to use streets, etc., by ordinance or resolution
No resolution or ordinance granting to any person, firm, or corporation any franchise, lease, or right to use the streets, public highways, thoroughfares, or public...
- Section 11-43C-30 Revision and codification of ordinances, bylaws, and resolutions; comprehensive zone map
The council may provide for the revision and codification of its ordinances, bylaws, and permanent resolutions, or for the adoption of a code or codes...
- Section 11-43C-31 Monthly statement of receipts and expenses; annual examination of books and accounts
The mayor shall each month print a detailed statement of all receipts and expenses of the city, and shall furnish printed copies thereof to the...
- Section 11-43C-32 Mayor - Filing as candidate; qualifying fee
Any person desiring to become a candidate in any election for the office of mayor may become such candidate by filing in the office of...
- Section 11-43C-33 Mayor - No primary election; filing of pauper's oath or petition to become candidate
No primary election shall be held for the nomination of candidates for the office of mayor, and candidates shall be nominated as herein provided. A...
- Section 11-43C-34 Mayor - Qualifications
The mayor shall be a qualified elector, and shall have been a resident of the city at least 90 days prior to the election and...
- Section 11-43C-35 Mayor - Compensation; expense allowance
(a) The mayor elected hereunder shall receive an annual salary of forty-two thousand dollars ($42,000). Thereafter, the mayor's salary shall be established as provided in...
- Section 11-43C-36 Mayor - Vacancies; acting mayor; special election to fill vacancy; term of office
Whenever any vacancy in the office of mayor shall occur by reason of death, resignation, removal or any other cause, the president of the council...
- Section 11-43C-37 Mayor - Powers and duties
All executive powers of the city shall be vested in the mayor and the mayor shall be the head of the executive and administrative branches...
- Section 11-43C-38 Divisions of city government; executive directors of divisions; city attorney; outside counsel
(a) There are hereby created three divisions of city government: Public works, finance, and public safety. The mayor shall appoint department heads to the above...
- Section 11-43C-39 Distribution of work among departmental divisions
The work of each department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the mayor. Pending...
- Section 11-43C-40 Mayor - Employment of additional personnel; amount available for salaries; not subject to merit system
The mayor may employ additional personnel who shall serve at the pleasure of the mayor, and for such purposes an additional seventy-five thousand dollars ($75,000)...
- Section 11-43C-41 Fiscal, budget, and accounting years
The fiscal year of the city government shall end on the last day of September of each calendar year. Such fiscal year shall also constitute...
- Section 11-43C-42 Mayor to submit budget to council
On a day to be fixed by the council but in no case later than the twentieth day of August in each year, the mayor...
- Section 11-43C-43 Estimates of revenue and expenditures for each department, etc.; compilation of budget information by director of finance; review and revision of estimates
It shall be the duty of the head of each department, and each other office or agency supported in whole or in part by the...
- Section 11-43C-44 General fund budget
The general fund budget shall include for each public utility owned by the city only the net amounts estimated to be received from or to...
- Section 11-43C-45 Recommended expenditures not to exceed estimated receipts unless additional revenue measures adopted; recommendations where receipts estimated to exceed expenditures; public utility budgets
In no event shall the expenditures recommended by the mayor in the general fund budget exceed the receipts estimated, taking into account the estimated cash...
- Section 11-43C-46 Contents of budget message
The budget message shall contain the recommendations of the mayor concerning the fiscal policy of the city, a description of the important features of the...
- Section 11-43C-47 Printing and distribution of budget message and general fund, public utility, and capital budgets
The mayor shall cause the budget message to be printed, mimeographed, or otherwise reproduced for general distribution at the time of its submission to the...
- Section 11-43C-48 Public hearing on budget
At the meeting of the council at which the budget and budget message are submitted, the council shall determine the place and time of the...
- Section 11-43C-49 Revision of budget after hearing; increase in expenditures over mayor's recommendation; expenditures not to exceed receipts and surplus unless additional revenue measures adopted
After the conclusion of the public hearing the council may insert new items of expenditures or may increase, decrease, or strike out items of expenditure...
- Section 11-43C-50 Summary of budget
At the head of the budget there shall appear a summary of the budget, which need not be itemized further than by principal sources of...
- Section 11-43C-51 Adoption of general fund budget and any necessary revenue measure; failure to adopt budget
Not later than the twentieth day of September of the current fiscal year, the council by a majority vote shall adopt the general fund budget,...
- Section 11-43C-52 Disapproval by mayor of expenditure line item; adherence by council to expenditure
If the mayor shall disapprove of any expenditure line item contained in the budget transmitted to him by the council, he shall, within 10 days...
- Section 11-43C-53 Budget effective upon final adoption; certification; printing and distribution
Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be certified by...
- Section 11-43C-54 Budget estimates for public utilities; presentation of budget to council
Separate budget estimates for any public utility owned and operated by the city shall be submitted to the director of finance at the same time...
- Section 11-43C-55 Monthly or quarterly allotments for each department, etc.; revision of allotments
After the current expense budgets have been adopted and before the beginning of the fiscal year, the head of each department, office, and agency shall...
- Section 11-43C-56 Transfer of unencumbered balance from one department, etc., to another or from one classification of expenditure to another
At the request of the mayor, the council may by resolution transfer any unencumbered balance or portion thereof in any general fund appropriation from one...
- Section 11-43C-57 Additional appropriations
Appropriations in addition to those contained in the original general fund budget ordinance may be made by the council by not less than four affirmative...
- Section 11-43C-58 Emergency appropriations
At any time in any budget year, the council may make emergency appropriations to meet a pressing need for public expenditures, for other than a...
- Section 11-43C-59 Lapse of unexpended and unencumbered appropriation
Any portion of an appropriation remaining unexpended and unencumbered at the close of the fiscal year shall lapse.
- Section 11-43C-60 Capital improvement program
At the same time that he submits the general fund budget, the mayor shall submit to the council a capital improvement program covering all recommended...
- Section 11-43C-61 Capital budget; lapse of appropriations for capital improvement projects; reserve fund for permanent public improvements
The council shall adopt a capital budget prior to the beginning of the fiscal year in which the budget is to take effect. No appropriations...
- Section 11-43C-62 Payments and obligations must be in accord with appropriations; certification by director of finance; void payments and obligations; penalty for knowing violations
No payment shall be made and no obligation incurred by or on behalf of the city except in accordance with an appropriation duly made, and...
- Section 11-43C-63 Existing budget continued in force
Any officially adopted budget in existence at the time that the council is first organized shall continue in force and effect during the balance of...
- Section 11-43C-64 Division of finance; head of division
There shall be a division of finance, the head of which shall be the financial officer of the city. The head of the division shall...
- Section 11-43C-65 Head of division of finance - Qualifications; bond
The head of the division of finance shall be a person skilled in municipal accounting, taxation, and financial control. He shall provide a bond with...
- Section 11-43C-66 Head of division of finance - Powers and duties
The head of the division of finance shall have general management and control of the division and of finance. He shall have charge, subject to...
- Section 11-43C-67 Expenditures not to exceed appropriation for that general classification of expenditures; expenditures financed by bonds; leases or contracts for period exceeding budget year
No officer, department, or agency shall, during any budget year, expend or contract to expend any money or incur any liability, for any purpose in...
- Section 11-43C-68 Disposition of fees received by officers and employees
All fees received by any officer or employee of the city shall belong to the city government and shall be paid daily to the division...
- Section 11-43C-69 Division of division of finance to be responsible for purchases; powers and duties of division head
There shall be established in the division of finance a division responsible for purchases, the head of which shall be the city purchasing agent. Such...
- Section 11-43C-70 Competitive bidding on contracts for supplies, materials, or equipment
Before the purchasing agent makes any purchase of or contract for supplies, materials or equipment he shall give ample opportunity for competitive bidding, under such...
- Section 11-43C-71 City improvements costing more than $3,000.00 to be executed by contract; bidding on contract; alteration of contract
Any city improvement costing more than $3,000.00 shall be executed by contract except where such improvement is budgeted and authorized by the council to be...
- Section 11-43C-72 Purchases and contracts shall be pursuant to written requisition; certification of balance sufficient to pay for contract or order
All purchases made and contracts executed by the purchasing agent shall be pursuant to a written requisition from the head of the office, department or...
- Section 11-43C-73 Revenue notes
In any budget year, in anticipation of the collection of revenues, the council may by resolution authorize the borrowing of money by the issuance of...
- Section 11-43C-74 Emergency notes
In the absence of available revenues to meet emergency appropriations under the provisions of this chapter, the council may by resolution authorize the issuance of...
- Section 11-43C-75 Notes not payable on demand; redemption prior to maturity; private sale
No notes shall be made payable on demand, but any note may be made subject to redemption prior to maturity upon notice and at such...
- Section 11-43C-76 Existing rights and privileges of officers and employees; existing laws not inconsistent with personnel, etc., provisions of chapter
Nothing contained in the provisions of this chapter shall affect or impair the rights or privileges of officers or employees of the city or of...
- Section 11-43C-77 Personnel holding administrative office continued in office; transfer of powers and duties of office, etc., abolished by this chapter
All personnel, except those specifically designated by the provisions of this chapter as removable at the discretion of the mayor, holding administrative office at the...
- Section 11-43C-78 Transfer of records, property, and equipment of office, etc., where powers and duties reassigned
All records, property, and equipment of any office, department, or agency, whose powers and duties are assigned to any other office, department, or agency by...
- Section 11-43C-79 Office, etc., with name or powers and duties the same or substantially same as existing office deemed a continuation of such office
Any office, department, or agency provided for by this chapter with a name or with powers and duties the same or substantially the same as...
- Section 11-43C-80 Existing contracts continued in force; public improvements for which legislative steps taken
All contracts entered into by the city, or for its benefit, prior to the application to such city of the mayor-council form of government, shall...
- Section 11-43C-81 Pending legal actions and proceedings
No action or proceeding, civil or criminal, pending at the time of the organization under the mayor-council form of government, brought by or against the...
- Section 11-43C-82 Laws relating to pensions or retirement and relief funds continued in force
All laws and parts of laws relating to pensions or retirement and relief funds for policemen, firemen, and other employees of the city, contained in...
- Section 11-43C-83 Laws relating to authority for fairgrounds, etc., continued in force
All laws and parts of laws relating to establishment or financing of an authority for fairgrounds, parks, exhibitions, and other facilities for the amusement, recreation,...
- Section 11-43C-84 Ordinances and resolutions continued in effect
All ordinances and resolutions of the city in effect at the time the form of government herein provided for becomes effective shall continue in effect...
- Section 11-43C-85 Removal of merit system officers and employees; appeal of decision
Any merit system officer or employee to whom the mayor, or a head of any office, department, or agency, may appoint a successor, may be...
- Section 11-43C-86 Participation in meetings of council by mayor, department heads, etc
The mayor, the heads of all divisions and departments, and such other officers of the city as may be designated by the council, shall be...
- Section 11-43C-87 Inquiry into conduct of office, department, agency, or officer; investigations as to municipal affairs; subpoena power
The council, or the mayor, shall have power to inquire into the conduct of any office, department, agency, or officer of the city and to...
- Section 11-43C-88 Interest of official or employee in contracts with city or public utility prohibited; acceptance of gifts, etc.; free transportation of officials, policemen, and firemen in discharge of duties
No elected official or city employee shall be interested, directly or indirectly, in any contract for work or material, or the profits thereof, or services...
- Section 11-43C-89 Oath taken by city officers
Every officer of the city shall, before entering upon the duties of his office, take and subscribe to an oath or affirmation as provided by...
- Section 11-43C-90 Reapportionment of council districts because of population change
Whenever there shall be a change in the population in any of the five districts heretofore established following a decennial federal census beginning in 1990,...
- Section 11-43C-91 Procedure for changing form of government; change from mayor-council form prohibited for four years
The city is prohibited from changing from the mayor-council form of government within four years after the adoption thereof. At the end of such period,...
- Section 11-43C-92 Appointments to city positions to fairly reflect make-up of total community; participation in contracts by socially and economically disadvantaged individuals; capital improvements to be based on need and fairly and equitably made; allocation to agencies serving poor and needy
(a) Within 30 days of taking office, the officials of the city government shall adopt an ordinance to provide that all appointments made by the...
- Chapter 43D ADOPTION OF MAYOR-COUNCIL FORM OF GOVERNMENT.
- Section 11-43D-1 Cities to which chapter applies; form of ordinance
The governing body of any Class 5 municipality operating under a United States district court consent decree approved by the court in the case of...
- Section 11-43D-2 Adoption of ordinance establishing boundaries of council districts; election of mayor and city council; assumption of office; future elections; powers and duties
If said ordinance as hereinabove set out be adopted by the governing body of any municipality to which this chapter applies, then: (1) Within 90...
- Section 11-43D-3 Term of office
The mayor and council members elected hereunder shall serve until the first Monday in October, four years after taking office.
- Section 11-43D-4 Election and referendum procedure
The election and referendum provided for herein shall be conducted, the vote canvassed, and the result declared in the same manner as provided by Chapter...
- Section 11-43D-5 Effect of change of population; manner of reapportionment of council districts
Whenever there shall be a change in population in any of the districts heretofore established, evidenced by a federal census of population, or by virtue...
- Section 11-43D-6 Rights of officers and employees preserved
Nothing contained in this chapter, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality or...
- Section 11-43D-7 Continuance in office of present officeholders; exercise of powers of abolished office, agency, etc
All persons holding administrative office at the time the mayor-council form of government is adopted shall continue in office and in the performance of their...
- Section 11-43D-8 Continuance in office of persons holding positions in civil service
Any person holding such an office or position in the civil service of such municipality when the mayor-council form of government shall be adopted shall...
- Section 11-43D-9 Transfer of office, agency, etc., records and property
All records, property, and equipment whatsoever of any office, department, or agency or part thereof, all the powers and duties of which are assigned to...
- Section 11-43D-10 Existing contracts continued in force; completion of public improvements
All contracts entered into by the municipality, or for its benefit, prior to the adoption by such municipality of the mayor-council form of government, shall...
- Section 11-43D-11 Pending legal action and proceedings
No action or proceeding, civil or criminal, pending at the time of the adoption of the mayor-council form of government, brought by or against the...
- Section 11-43D-12 Continuance of laws relating to pensions, retirement, and relief funds
All laws and parts of laws relating to pension, retirement, and relief funds for any employees of the municipality, as the same may apply and...
- Section 11-43D-13 Continuance of laws relating to boards, etc
All laws relating to the school board, library board, airport authority, planning and zoning commission, zoning board of adjustment, park or recreation board, and any...
- Section 11-43D-14 Powers and duties of mayor
The mayor shall be the chief executive officer, and shall have general supervision and control of all other officers, employees, and affairs of the city,...
- Section 11-43D-15 Noninterference of council with administrative service
Neither the council nor any of its members shall direct or request the appointment of any person to, or his removal from, office or position...
- Section 11-43D-16 Administrative assistants
Upon the request of the mayor, the council may establish not more than two positions of administrative assistants to the mayor and establish the salary...
- Section 11-43D-17 Appointment of accountant; examination of all books and accounts; compensation
The mayor, at least once a year, shall appoint a certified public accountant or the Department of Examiners of Public Accounts to conduct an examination...
- Section 11-43D-18 Establishment of salaries for mayor and council
The salary of the first mayor and council elected hereunder shall be established by the commission at least six months prior to the mayor and...
- Section 11-43D-19 President and president pro tem of council
The council shall elect one of its members to serve as president of the council. The president shall preside at meetings of the council and...
- Section 11-43D-20 Notice of council meetings; mayor's rights in council meetings
The mayor shall be given notice of all council meetings and shall have the privilege of attending the meetings of the council and of taking...
- Section 11-43D-21 Temporary absence or disability of mayor; filling vacancies
(a) In the case of absences of the mayor from the city or his inability to serve on account of sickness or any other good...
- Section 11-43D-22 Continuance of ordinances and resolutions
All ordinances and resolutions of the municipality in effect at the time of adoption of the mayor-council form of government herein set up shall continue...
- Chapter 44 COMMISSION FORM OF GOVERNMENT.
- Article 1 General Provisions.
- Section 11-44-1 Applicability of article
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-2 Petition to probate judge for election as to organization under commission form of government; examination of petition and certification thereof to mayor
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-3 Calling of election by mayor
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-4 Subsequent elections not to be held within two years of preceding election
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-5 Proposition submitted to voters; form and marking of ballots
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-6 Conduct of election, canvassing of vote, and declaration of election result; adoption and certification of provisions of article
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-7 Commissioners - Procedure for election; terms of office
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-8 Commissioners - Designation; qualification for office
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-9 Commissioners - Oath; bond
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-10 Commissioners - Entry into office, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-11 Commissioners - Filling of vacancies caused by ineligibility
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-12 Commissioners - Filling of vacancies caused by death, resignation, or removal
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-13 Commissioners - Filling of two simultaneous vacancies
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-14 President of board of commissioners - Election; powers and duties generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-15 President of board of commissioners - Designation as mayor
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-16 President of board of commissioners - Performance of duties and responsibilities of mayor in certain municipalities
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-17 President of board of commissioners - Performance of duties and responsibilities of mayor in certain municipalities - Duties as president of board of commissioners and as mayor
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-18 Compensation of commissioners and president of board of commissioners
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-18.1 Salaries and expenses of mayor and associate commissioners in Class 5 municipalities; payment of funds out of treasury by warrant; designation of commissioner to act in mayor's absence; disbursements shall be authorized by resolution or voucher
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-19 Meetings of board of commissioners - Time, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-20 Meetings of board of commissioners - Presiding officer; quorum
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-21 Meetings of board of commissioners - When open to public
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-22 Meetings of board of commissioners - Record of proceedings
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-23 Powers and authority of board of commissioners upon organization of commission form of government; abolition of certain boards, commissions, and officers; continuation of corporate existence, etc., of municipality
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-24 Continuation in force of laws, bylaws, ordinances, and resolutions
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-25 Continuation of territorial limits; discontinuance of wards and election of commissioners at large
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-26 Continuation, etc., of rights, powers, liabilities, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-27 Continuation in office of officials and employees
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-28 Selection, compensation, removal, etc., of officers and employees generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-29 Distribution of executive and administrative powers and duties among departments; determination and exercise of powers and duties of departments by commissioners
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-30 Assignment or delegation of powers and duties of board of commissioners
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-31 Resolutions, bylaws, or ordinances generally - Manner of enactment generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-32 Resolutions, bylaws, or ordinances generally - Form and voting thereon
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-33 Resolutions, bylaws, or ordinances granting franchises, etc., for use of streets, public highways, etc. - Publication; effective date
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-34 Resolutions, bylaws, or ordinances granting franchises, etc., for use of streets, public highways, etc. - Objections thereto and elections thereon
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-35 Resolutions, bylaws, or ordinances granting franchises, etc., for use of streets, public highways, etc. - Proceedings upon determination of election result
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-36 Manner in which franchise, etc., as to use of streets, public highways, etc., to be granted, extended, or enlarged
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-37 Elections for office of commissioner - Filing and form of statement of candidacy, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-38 Elections for office of commissioner - Qualifications of candidates
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-39 Elections for office of commissioner - Ballots generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-40 Elections for office of commissioner - Specification in statement of candidacy and ballot as to long or short term
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-41 Elections for office of commissioner - Manner of voting; majority of votes required
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-42 Elections for office of commissioner - Holding of runoff election
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-43 Elections for office of commissioner - Qualified voters only to vote
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-44 Filing and publication of statement of campaign expenses, etc., by commissioners
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-45 Selection of municipal employees
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-46 Officers or employees not to be interested in contracts for services, etc., for municipality or railway, gas works, etc., therein
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-47 Officers not to be interested in or employed by public service utilities
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-48 Acceptance, etc., of free passes, gifts, etc., by officers or employees from railways, gas works, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-49 Publication, etc., of quarterly statement of receipts and expenses, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-50 Examinations of books and accounts
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-51 Maintenance of record books by probate judges and compensation therefor
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-52 Promising, etc., of employment, etc., to obtain political support, etc.; provision of automobiles, etc., to bring voters to polls
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-53 Offering or accepting bribes for votes; unauthorized voting
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-54 Solicitation, etc., of votes by municipal employees
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-55 Payment, etc., of persons to solicit votes; acceptance of pay, etc., to solicit votes
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-56 Applicability of general state laws as to municipal elections
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-57 Penalties for violations of provisions of article
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-58 Designation by ordinance of mayor and finance commissioner, public works commissioner, and public safety commissioner in Class 7 municipalities; elections; further changes in designations must be authorized by Legislature
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Article 2 Optional Form A.
- Section 11-44-70 Applicability of article
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-71 Procedure for adoption - Generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-72 Procedure for adoption - Election
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-73 Commissioners - Election, terms of office, etc., generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-74 Commissioners - Election, terms of office, etc., of commissioners elected after September 1, 1945
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-75 Commissioners - Designation of positions and election thereto
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-76 Commissioners - Qualifications; filling of vacancies caused by ineligibility
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-77 Commissioners - Filling of vacancies caused by death, resignation or removal
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-78 Commissioners - Filling of two or more simultaneous vacancies
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-79 Commissioners - Oath; bond
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-80 Commissioners - Compensation
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-81 Commissioners - Designation; qualification for and taking of office
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-82 Commissioners - Meetings
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-83 Mayor-president of board of commissioners
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-84 Powers and authority of board of commissioners upon organization of commission form of government; abolition of certain boards, commissions, and officers; continuation of corporate existence, territorial limits, etc., of municipality
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-85 Appointment, etc., of officers and employees generally; distribution of executive and administrative powers and duties among departments
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-86 Assignment or delegation of powers and duties of board of commissioners
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-87 Enactment of resolutions, bylaws, or ordinances generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-88 Procedure for adoption of resolutions, bylaws, or ordinances granting franchises, etc., for use of streets, public highways, etc.; manner in which franchises, etc., extended, enlarged, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-89 Procedure for letting of contracts for construction, improvements, etc., of streets, highways, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-90 Elections for office of commissioner - Filing and form of statement of candidacy, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-91 Elections for office of commissioner - Ballots; voting
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-92 Filing and publication of statement of campaign expenses, etc., by commissioners
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-93 Appointment of municipal employees
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-94 Conflicts of interest of municipal officers and employees
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-95 Publication, etc., of monthly statement of receipts and expenses, etc.; examinations of books and accounts
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-96 Maintenance of record books by probate judges and compensation therefor; fee for examination of petitions for elections
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-97 Use of influence or contribution of money, etc., in elections for commissioners by municipal officers or employees
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-98 Solicitation of votes by municipal employees
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-99 Payment, etc., of persons to solicit votes; acceptance of pay, etc., to solicit votes
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-100 Applicability of general state laws as to municipal elections
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-101 Requirements, etc., as to petitions
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-102 Certain persons not to receive profits, wages, etc., from municipality
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-103 Certain persons not to become officers or employees of municipality
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-104 Commissioners, officers, or employees to receive regular compensation only
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-105 Adoption of ordinances by initiative and referendum
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Article 3 Optional Form B.
- Section 11-44-120 Definitions
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-121 Adoption by ordinance; powers, designation, election, etc., of commissioners generally; continuation in office of members of governing body
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-122 Continuation in force of laws, ordinances, resolutions, and appointments of municipal officials and employees
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-123 Commissioners - Election; terms of office; designation of positions; qualification for office and taking of oath
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-124 Commissioners - Qualification of candidates therefor
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-125 Commissioners - Vacancies
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-126 Meetings of board of commissioners - Time; presiding officer; quorum; record of proceedings
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-127 Meetings of board of commissioners - Place; meetings open to public
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-128 Bond of commissioners; holding of offices of profit or trust, etc., by commissioners, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-129 Compensation of commissioners; disbursement of funds from municipal treasury
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-130 Removal of commissioners - Filing, etc., of petition requesting resignation of commissioner; examination of petition, issuance of certificate, etc., by probate judge
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-131 Removal of commissioners - Certification of lists of electors to probate judge where municipality situated in two or more counties
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-132 Removal of commissioners - Unauthorized signing of petition
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-133 Removal of commissioners - Fee of probate judge; payment of security upon presentation of petition to probate judge
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-134 Removal of commissioners - Delivery of petition and certificate to board of commissioners; recall election; special election for selection of successor
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-135 Distribution of municipal powers and duties among departments; authority of commissioners as heads of departments; additional duties of president of board
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-136 Publication, enactment, etc., of ordinances or resolutions generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-137 Ordinances granting franchises, etc., for use of public highways or property
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-138 Conflicts of interest of commissioners, officers, or employees; certain persons not to be employed by or receive compensation from municipality; privileges, immunities, etc., of elective officers of municipality
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-139 Publication of semiannual statement of receipts and expenses, etc.; audit of books and accounts
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-140 Alteration of form of government of municipality
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Article 4 Abandonment.
- Section 11-44-150 Petition to probate judge for election as to abandonment of commission form of government
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-151 Examination of petition and certification thereof to president of board of commissioners
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-152 Calling of election
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-153 Subsequent elections not to be held within two years of preceding election
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-154 Proposition submitted to voters; form and marking of ballots
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-155 Conduct of election, canvassing of vote and declaration of election result; adoption and certification thereof of provisions as to mayor-council form of government
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-156 Mayor and aldermen - Election
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-157 Mayor and aldermen - Powers and duties
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-158 Continuation of corporate existence, etc., of municipality; continuation in force of laws, bylaws, ordinances, and resolutions
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-159 Continuation of territorial limits; creation of wards; vesting of rights, powers, and privileges
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-160 Rights, liabilities, civil actions, etc., not affected
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-161 Continuation in office of officials and employees; offices of commissioners, president of board of commissioners, etc., abolished
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-44-162 Management, etc., of municipalities abandoning commission form of government; powers, duties, etc., of mayor and aldermen
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Chapter 44A ABANDONMENT OF COMMISSION FORM OF GOVERNMENT IN CLASS 7 MUNICIPALITIES.
- Article 1 In General.
- Section 11-44A-1 Referendum to determine continuation of commission or adoption of mayor-council form of government
Within three months of the approval of this section, the governing body of any Class 7 municipality with a commission form of government organized pursuant...
- Section 11-44A-2 Establishment of council districts; salaries; election notice; powers and duties of mayor-council
If a majority of the voters voting in said election approve the proposition, then, (1) Within 90 days thereafter the commission shall adopt an ordinance...
- Section 11-44A-3 Mayor-council - Assumption of office; duties, etc., of commission terminated
On noon of the seventh day following the canvass of the election results, the newly elected mayor and council members shall assume office and the...
- Section 11-44A-4 Mayor-council - Terms
The mayor and council members elected hereunder shall serve until the first Monday in October, 1988.
- Section 11-44A-5 Conduct of election and referendum
The election and referendum provided for herein shall be conducted, the vote canvassed, and the result declared in the same manner as provided by Chapter...
- Section 11-44A-6 Reapportionment of council districts
Whenever there shall be a change in population in any of the districts heretofore established, evidenced by a federal census of population, or by virtue...
- Section 11-44A-7 Effect of article on pre-existing rights and privileges of municipal employees, etc
Nothing contained in this article, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality or...
- Section 11-44A-8 Administrative officers continued; reassignment of duties and powers formerly exercised by abolished agency, etc
All persons holding administrative office at the time the mayor-council form of government is adopted shall continue in office and in the performance of their...
- Section 11-44A-9 Civil service officers continued
Any person holding such an office or position in the civil service of such municipality when the mayor-council form of government shall be adopted shall...
- Section 11-44A-10 Interagency transfer of records, equipment, etc
All records, property, and equipment whatsoever of any office, department, or agency or part thereof, all the powers and duties of which are assigned to...
- Section 11-44A-11 Municipal contracts continued; completion of public works required
All contracts entered into by the municipality, or for its benefit, prior to the adoption by such municipality of the mayor-council form of government, shall...
- Section 11-44A-12 Judicial proceedings unaffected by adoption of mayor-council government
No action or proceeding, civil or criminal, pending at the time of the adoption of the mayor-council form of government, brought by or against the...
- Section 11-44A-13 Pension and retirement plans, etc., continued
All laws and parts of laws relating to pension, retirement, and relief funds for any employees of the municipality, as the same may apply and...
- Section 11-44A-14 Continuation of laws relating to certain boards, etc
All laws relating to the school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board, zoning board, park or...
- Section 11-44A-15 Applicability of article
For all purposes the provisions of Sections 11-44A-6 through 11-44A-14 shall become applicable to the municipality at the time when the first council elected under...
- Section 11-44A-16 Continuation of ordinances and resolutions
All ordinances and resolutions of the municipality in effect at the time of adoption of the mayor-council form of government herein set up shall continue...
- Article 2 Adoption of Mayor-Council Form of Government Where Commission Form Violates Federal Voting Rights Act.
- Chapter 44B ABANDONMENT OF COMMISSION FORM OF GOVERNMENT IN CLASS 4 MUNICIPALITIES.
- Section 11-44B-1 Ordinance abandoning commission form of government and adopting mayor-council form
Within three months of January 29, 1985, the governing body of any Class 4 municipality with a commission form of government may by a majority...
- Section 11-44B-2 Ordinances establishing boundaries of seven-council districts and salaries of mayor and council members; compliance with Voting Rights Act; election of mayor and council; powers and duties of municipality
If said ordinance be adopted by the governing body of any municipality to which this chapter applies, then: (1) Within 90 days thereafter, the commission...
- Section 11-44B-3 Mayor and council - Assumption of office; duties, etc., of commissioners terminated
The newly elected mayor and council members elected as herein provided shall assume the duties of their respective offices at noon on the first Monday...
- Section 11-44B-4 Mayor and council - Terms; election date
The mayor and council members elected hereunder shall serve four-year terms with the first election being held as herein provided on the second Tuesday of...
- Section 11-44B-4.1 Elections - Mayor, city council, and City of Tuscaloosa Board of Education
(a) This section shall only apply in a Class 4 municipality organized pursuant to this chapter. (b) Notwithstanding any other provision of law, in any...
- Section 11-44B-5 Conduct of elections; qualifications of mayor and council; qualifying fee
The elections provided for herein, and all subsequent elections, shall be conducted, the vote canvassed, and the results declared in the same manner as provided...
- Section 11-44B-6 Meetings; quorum; majority vote requirements; procedure for adoption of ordinances and resolutions; approval or veto of mayor; record of proceedings; power of council as to city employees; all powers of city vested in council
(a) The council shall hold regular public meetings at least once a week at some regular hour to be fixed by the council. The council...
- Section 11-44B-7 Powers and duties of mayor
The mayor shall preside at all meetings of said council and sit with said council. Provided, however, the mayor shall not, for any purpose, be...
- Section 11-44B-8 Temporary and permanent vacancies in office of mayor; vacancy on city council
(a) Temporary Vacancy in the Office of Mayor. The council shall elect from its members, a president pro tempore of the council. In the case...
- Section 11-44B-9 Franchise, lease, or right to use streets, public highways, thoroughfares, or public ways
No resolution or ordinance, granting to any person, firm or corporation any franchise, lease or right to use the streets, public highways, thoroughfares, or public...
- Section 11-44B-10 Initial territorial limits; reapportionment of council districts; recommended plan for reapportionment; redistricting ordinance
(a) The initial territorial limits of any municipality which adopts the mayor-council form of government as provided by this chapter shall be the same as...
- Section 11-44B-11 City clerk, finance director, revenue director, city attorney, assistant city attorneys, and city department heads continued in office; powers and duties; claims against city; financial records; warrants; deposit of public money; payment of moneys due municipality; office space, supplies, and other support
(a) If the city clerk of any city which adopts the mayor-council form of government as herein provided holds office subject to any civil service...
- Section 11-44B-12 Existing rights and privileges of officers and employees; existing laws not inconsistent with personnel, etc., provisions of article
Nothing contained in this article, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality or...
- Section 11-44B-13 Persons holding administrative offices continued in office until other provisions made; powers and duties of abolished offices, etc.; certain offices, etc., deemed continued; references to existing offices, etc., in laws, contracts, etc
All persons holding administrative office at the time the mayor-council form of government is adopted shall continue in office and in the performance of their...
- Section 11-44B-14 Persons holding civil service positions continued in office; existing civil service system continued
Any person holding such an office or position in the civil service of such municipality when the mayor-council form of government shall be adopted shall...
- Section 11-44B-15 Transfer of records, property, and equipment of office, etc., where powers and duties reassigned
All records, property, and equipment whatsoever of any office, department, board, or agency or part thereof, all the powers and duties of which are assigned...
- Section 11-44B-16 Existing contracts continued in force; public improvements for which legislative steps taken
All contracts entered into by the municipality, or for its benefit, prior to the adoption by such municipality of the mayor-council form of government, shall...
- Section 11-44B-17 Pending legal actions and proceedings
No action or proceedings, civil or criminal, pending at the time of the adoption of the mayor-council form of government, brought by or against the...
- Section 11-44B-18 Pension, retirement, and relief fund laws continued in force
All laws and parts of laws relating to pension, retirement, and relief funds for any employees of the municipality, as the same may apply and...
- Section 11-44B-19 Laws relating to municipal boards, agencies, and service enterprises continued in force
All laws relating to the school board, library board, hospital board, industrial development boards or authorities, housing authorities, medical clinic boards, plumbers or electricians boards...
- Section 11-44B-20 Powers of city; vesting of existing rights, powers, and properties
The city shall have all powers granted to municipal corporations and to cities by the Constitution and laws of this state, together with all the...
- Section 11-44B-21 Ordinances and resolutions continued in effect; references to certain officers or governing body in existing ordinances, etc., deemed references to mayor or council
All ordinances and resolutions of the municipality in effect at the time of the adoption of the mayor-council form of government herein established shall continue...
- Section 11-44B-22 Laws relating to or affecting city continued in effect; inconsistent or conflicting laws relating to exercise of powers, functions, and duties of commission or other form of government
All laws and parts of laws, general, local or special, relating to or affecting the city, its powers, functions, duties and property, in force when...
- Section 11-44B-23 Authority to collect surcharge on new water and/or sewer customers
Any law to the contrary notwithstanding and in addition to any other lawful charges, fees or rates which may be imposed and collected under various...
- Section 11-44B-24 Municipalities' authority to annex certain unincorporated territory
Any Class IV incorporated municipality in this state organized in accordance with Section 11-44B-1, et seq., shall have the following power and authority: (a) To...
- Section 11-44B-25 Procedures to reduce or delete areas from police jurisdiction
Notwithstanding any law to the contrary, any Class 4 municipality that is organized pursuant to this article may from time to time reduce or delete...
- Section 11-44B-40 Applicability of article
This article shall apply only to Class 4 municipalities organized under Chapter 44B, and electing by ordinance within 30 days of March 15, 2006, to...
- Section 11-44B-41 Definitions
As used in this article, unless the context indicates otherwise, the following words, terms, and phrases shall have the meanings ascribed to them: (1) APPOINTING...
- Section 11-44B-42 Scope of article; rules and regulations; job classification specifications; employment retention and removal; reduction of base pay
(a) All covered employees of the city shall be subject to this article and the rules and regulations prescribed in or promulgated pursuant to this...
- Section 11-44B-43 Filling of vacancies; eligibility lists; examinations; selection of applicants; promotions of firefighters and police officers
(a) With the exception of promotions of firefighters and police officers which shall be made by the board, all vacancies for covered jobs shall be...
- Section 11-44B-44 Probationary period for appointments
All appointments to covered jobs, including promotions, demotions, and transfers, shall be on a probationary basis for a period of one year from the beginning...
- Section 11-44B-45 Appointments and promotions by merit
All persons shall be appointed or promoted to covered jobs on a nonpartisan merit basis. No person shall be appointed or promoted to, or dismissed...
- Section 11-44B-46 Establishment of personnel board; composition; terms; meetings; compensation; records
(a) Upon election by ordinance of a city to participate in the personnel system provided for in this article, there shall be established a personnel...
- Section 11-44B-47 Disciplinary actions; hearing
(a) The mayor or department head shall have authority to discipline any covered employee pursuant to this article and the rules and regulations adopted by...
- Section 11-44B-48 Conduct of hearing; appeal and review
(a) Within 90 calendar days after receipt of written charges or a written appeal of an employee from a decision after predisciplinary hearing, the board...
- Section 11-44B-49 Use of authority to influence official action; candidates for municipal office to take leave of absence
No individual shall use, or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to affect employment, promotion, pay,...
- Section 11-44B-50 Violations
The violation by any covered employee of this article, or of any of the rules and regulations adopted by the city pursuant to this article,...
- Section 11-44B-51 Adoption of rules and regulations
Within 12 months from March 15, 2006, the city council shall adopt and have published the rules and regulations in accordance with this article. The...
- Chapter 44C GOVERNMENT OF CLASS 2 MUNICIPALITIES.
- Section 11-44C-1 Applicability of chapter
This chapter shall apply to any Class 2 municipality in the state of Alabama.
- Section 11-44C-2 Special election as to adoption of commission or mayor-council form of government
Upon March 28, 1985, the mayor or chief executive officer of any city to which this chapter applies shall call a special election to be...
- Section 11-44C-3 Form of ballot; marking of ballot; use of voting machines
At such election the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for any...
- Section 11-44C-4 Conduct of election; portions of chapter applicable upon choosing form of government; election expenses
The election shall be held and conducted in accordance with the provisions of Title 11, except as herein otherwise specifically provided. If the votes shall...
- Section 11-44C-5 Provisions applicable to mayor-council form of government
If a majority of the qualified electors voting in the election provided herein choose a mayor-council form of government, the following provisions of this chapter...
- Section 11-44C-6 Election of council and mayor-at-large; time of taking office; election expenses
An election shall be held in 1985 at the regularly scheduled municipal election and the officials elected shall take office upon the expiration of the...
- Section 11-44C-7 Qualification of council candidates; votes cast by each voter; majority vote requirements; run-off elections; elections held quadrennially; when elected councilmen take office; term of office; councilman may succeed himself
Council candidates shall qualify as provided by law and shall have the qualification and eligibility set forth herein. Each voter in the election may cast...
- Section 11-44C-8 Mayor - Majority vote requirements; run-off election
The candidate for mayor receiving the largest number of votes for the office shall be elected thereto, provided such candidate receives a majority of all...
- Section 11-44C-9 Mayor - Elections held quadrennially; oath; may succeed himself
The mayor shall qualify and take office in the manner herein prescribed. The regular election for mayor shall be held quadrennially thereafter under the same...
- Section 11-44C-10 City continued as municipal corporation
When this mayor-council form of government becomes applicable to a city, said city shall continue as a municipal corporation, within the corporate limits as now...
- Section 11-44C-11 Government known as "mayor-council form of government"; powers of city vested in council; manner in which powers exercised
The municipal government of any such city proceeding under this chapter shall be known as the "mayor-council form of government." Pursuant to the provisions and...
- Section 11-44C-12 Powers of city generally
The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of this state, together with all...
- Section 11-44C-13 Council to consist of seven district council members; composition of districts
The council shall include seven members who shall be known and elected as district council members. Such district council members shall be elected from districts...
- Section 11-44C-14 District council members - Filing as candidate; qualifying fee
Any person desiring to become a candidate in any election for the office of district council member may become such candidate by filing in the...
- Section 11-44C-15 District council members - No primary elections; filing of pauper's oath or petition to become candidate
No primary election shall be held for the nomination of candidates for the office of council member, and candidates shall be nominated only as provided...
- Section 11-44C-16 District council members - Oath of office
Every person who shall be elected or appointed to fill a vacancy in the office of council member shall, upon assuming office, qualify by making...
- Section 11-44C-17 District council members - Qualifications; holding other offices; effect of conviction or loss of any qualification
Councilmen shall be qualified electors of the city and, in the case of candidates for any district, they shall have been residents of the district...
- Section 11-44C-18 District council members - Compensation; additional stipend for president of council
Each council member shall receive as compensation for his services the sum of $100.00 for each meeting of the council attended, and $500.00 per month....
- Section 11-44C-19 President of council
The president of the council shall be elected by the members of the council and shall serve the regular four-year term. He shall preside at...
- Section 11-44C-20 Vice-president of council
The vice-president of the council shall be elected by the members of the council. The vice-president will serve in the absence of the president. If...
- Section 11-44C-21 Powers of council; dealings with officers and employees in administrative service
All legislative powers of the city, including all powers vested in it by this chapter, by the laws, general and local, of the state, and...
- Section 11-44C-22 Vacancies in council
Vacancies of any nature in the council, other than those occurring less than one year prior to the date of the next regular council election,...
- Section 11-44C-23 Creating, changing, abolishing, or assigning additional functions to offices, departments, or agencies
The council, upon recommendation of the mayor, by ordinance may create, change and abolish offices, departments, or agencies, other than the offices, departments and agencies...
- Section 11-44C-24 City clerk continued in office; applicability of merit system; appointment of successor; duties
The city clerk serving under the merit system at the time that this chapter becomes effective shall continue to hold office as the city clerk...
- Section 11-44C-25 First meeting of council; council to meet regularly; meetings open to public
The first meeting of each newly elected council for induction into office shall be held at 10 o'clock in the morning on the first Monday...
- Section 11-44C-25.1 Number of required council meetings per year
The city council or governing body of a Class 2 municipality shall meet not less than 48 times per year on dates and at times...
- Section 11-44C-26 Council to judge election and qualifications of members
The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and...
- Section 11-44C-27 Rules and order of business of council; journal of proceedings
The council shall determine its own rules and order of business. It shall keep a journal of its proceedings, and the journal shall be open...
- Section 11-44C-28 Meetings of council; quorum; majority vote requirement; procedure; record of proceedings; procedure as to ordinances or resolutions of permanent operation; publication; no veto as to council actions relating to an investigation
The council shall hold regular public meetings weekly, day or night, at a regular hour to be fixed by said council from time to time...
- Section 11-44C-29 Grant of franchise, lease, or right to use streets, etc., by ordinance or resolution
No resolution or ordinance granting to any person, firm, or corporation any franchise, lease, or right to use the streets, public highways, thoroughfares or public...
- Section 11-44C-30 Revision and codification of ordinances, bylaws, and resolutions; comprehensive zone map
The council may provide for the revision and codification of its ordinances, bylaws and permanent resolutions, or for the adoption of a code or codes...
- Section 11-44C-31 Monthly statement of receipts and expenses; annual examination of books and accounts
The mayor shall each month print a detailed statement of all receipts and expenses of the city, and shall furnish printed copies thereof to the...
- Section 11-44C-32 Mayor - Filing as candidate; qualifying fee
Any person desiring to become a candidate in any election for the office of mayor may become such candidate by filing in the office of...
- Section 11-44C-33 Mayor - No primary election; filing of pauper's oath or petition to become candidate
No primary election shall be held for the nomination of candidates for the office of mayor, and candidates shall be nominated as herein provided. A...
- Section 11-44C-34 Mayor - Qualifications
The mayor shall be a qualified elector, and shall have been a resident of the city at least 90 days prior to the election and...
- Section 11-44C-35 Mayor - Compensation
The mayor elected hereunder shall receive an annual salary of $65,000.00. Thereafter, the mayor's salary shall be established as provided in section 11-44C-18, but in...
- Section 11-44C-36 Mayor - Vacancies; acting mayor; special election to fill vacancy; term of office
Whenever any vacancy in the office of mayor shall occur by reason of death, resignation, removal, or any other cause, the president of the council...
- Section 11-44C-37 Mayor - Powers and duties
All executive powers of the city shall be vested in the mayor and the mayor shall be the head of the executive and administrative branches...
- Section 11-44C-38 Divisions of city government; executive directors of divisions; city attorney; outside counsel
(a) There are hereby created three divisions of city government: public works, finance, and public safety. Each division may have an executive director appointed by...
- Section 11-44C-39 Distribution of work among departmental divisions
The work of each department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the mayor. Pending...
- Section 11-44C-40 Mayor authorized to employ additional personnel; amount available for salaries; not subject to merit system
The mayor is hereby authorized to employ such additional personnel who shall serve at the pleasure of the mayor, and for such purposes an additional...
- Section 11-44C-41 Fiscal, budget, and accounting years
The fiscal year of the city government shall end on the last day of September of each calendar year. Such fiscal year shall also constitute...
- Section 11-44C-42 Mayor to submit budget to council
On a day to be fixed by the council but in no case later than the twentieth day of August in each year, the mayor...
- Section 11-44C-43 Estimates of revenue and expenditures for each department, etc.; compilation of budget information by director of finance; review and revision of estimates
It shall be the duty of the head of each department, and each other office or agency supported in whole or in part by the...
- Section 11-44C-44 General fund budget
The general fund budget shall include for each public utility within the city only the net amounts estimated to be received from or to be...
- Section 11-44C-45 Recommended expenditures not to exceed estimated receipts unless additional revenue measures adopted; recommendations where receipts estimated to exceed expenditures; public utility budgets
In no event shall the expenditures recommended by the mayor in the general fund budget exceed the receipts estimated, taking into account the estimated cash...
- Section 11-44C-46 Contents of budget message
The budget message shall contain the recommendations of the mayor concerning the fiscal policy of the city, a description of the important features of the...
- Section 11-44C-47 Printing and distribution of budget message and general fund, public utility and capital budgets
The mayor shall cause the budget message to be printed, mimeographed or otherwise reproduced for general distribution at the time of its submission to the...
- Section 11-44C-48 Public hearing on budget
At the meeting of the council at which the budget and budget message are submitted, the council shall determine the place and time of the...
- Section 11-44C-49 Revision of budget after hearing; increase in expenditures over mayor's recommendation; expenditures not to exceed receipts and surplus unless additional revenue measures adopted
After the conclusion of the public hearing the council may insert new items of expenditures or may increase, decrease, or strike out items of expenditure...
- Section 11-44C-50 Summary of budget
At the head of the budget there shall appear a summary of the budget, which need not be itemized further than by principal sources of...
- Section 11-44C-51 Adoption of general fund budget and any necessary revenue measure; failure to adopt budget
Not later than the twentieth day of September of the current fiscal year, the council by a majority vote shall adopt the general fund budget,...
- Section 11-44C-52 Disapproval by mayor of expenditure line item; adherence by council to expenditure
If the mayor shall disapprove of any expenditure line item contained in the budget transmitted to him by the council, he shall, within 10 days...
- Section 11-44C-53 Budget effective upon final adoption; certification; printing and distribution
Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be certified by...
- Section 11-44C-54 Budget estimates for public utilities; presentation of budget to council
Separate budget estimates for any public utility owned and operated by the city shall be submitted to the director of finance at the same time...
- Section 11-44C-55 Submission of work program which shows requested appropriations for department, etc.; revision
After the current expense budgets have been adopted and before the beginning of the fiscal year, the head of each department, office, and agency, shall...
- Section 11-44C-56 Transfer of unencumbered balance from one department, etc., to another
At the request of the mayor, the council may by resolution transfer any unencumbered balance or portion thereof in any general fund appropriation from one...
- Section 11-44C-57 Additional appropriations
Appropriations in addition to those contained in the original general fund budget ordinance, may be made by the council by not less than five affirmative...
- Section 11-44C-58 Emergency appropriations
At any time in any budget year, the council may make emergency appropriations to meet a pressing need for public expenditures, for other than a...
- Section 11-44C-59 Lapse of unexpended and unencumbered appropriation
Any portion of an appropriation remaining unexpended and unencumbered in the general fund at the close of the fiscal year shall lapse.
- Section 11-44C-60 Capital improvement program
At the same time that he submits the general fund budget, the mayor shall submit to the council a capital improvement program covering all recommended...
- Section 11-44C-61 Capital budget; lapse of appropriations for capital improvement projects; reserve fund for permanent public improvements
The council shall adopt a capital budget prior to the beginning of the fiscal year in which the budget is to take effect. No appropriations...
- Section 11-44C-62 Payments and obligations must be in accord with appropriations; certification by director of finance; void payments and obligations; penalty for knowing violations
No payment shall be made and no obligation incurred by or on behalf of the city except in accordance with an appropriation duly made, and...
- Section 11-44C-63 Existing budget continued in force
Any officially adopted budget in existence at the time that the council is first organized shall continue in force and effect during the balance of...
- Section 11-44C-64 Department of finance; director
There shall be a department of finance, the head of which shall be the financial officer of the city. The director shall be appointed by...
- Section 11-44C-65 Director of finance - Qualifications; bond
The director of finance shall be a person skilled in municipal accounting, taxation, and financial control. He shall provide a bond with such surety and...
- Section 11-44C-66 Director of finance - Powers and duties
The director of finance shall have general management and control of the several divisions and units of the department of finance. He or she shall...
- Section 11-44C-67 Expenditures not to exceed appropriation for that general classification of expenditure; expenditures financed by bonds; leases or contracts for period exceeding budget year
No officer, department, or agency shall, during any budget year, expend or contract to expend any money or incur any liability, for any purpose in...
- Section 11-44C-68 Disposition of fees received by officers and employees
All fees received by any officer or employee of the city shall belong to the city government and shall be paid daily to the department...
- Section 11-44C-69 Division of department of finance to be responsible for purchases; powers and duties of division head
There shall be established in the department of finance a division responsible for purchases, the head of which shall be the city purchasing agent. Such...
- Section 11-44C-70 Competitive bidding on contracts for supplies, materials, or equipment
Before the purchasing agent makes any purchase of or contract for supplies, materials, or equipment he shall give ample opportunity for competitive bidding, under such...
- Section 11-44C-71 City improvements costing more than $2,000.00 to be executed by contract; bidding on contract; alteration of contract
Any city improvement costing more than $2,000.00 shall be executed by contract except where such improvement is authorized by the council to be executed directly...
- Section 11-44C-72 Purchases and contracts shall be pursuant to written requisition; certification of balance sufficient to pay for contract or order
All purchases made and contracts executed by the purchasing agent shall be pursuant to a written requisition from the head of the office, department or...
- Section 11-44C-73 Revenue notes
In any budget year, in anticipation of the collection of revenues, the council may by resolution authorize the borrowing of money by the issuance of...
- Section 11-44C-74 Emergency notes
In the absence of available revenues to meet emergency appropriations under the provisions of this chapter, the council may by resolution authorize the issuance of...
- Section 11-44C-75 Notes not payable on demand; redemption prior to maturity; private sale
No notes shall be made payable on demand, but any note may be made subject to redemption prior to maturity upon notice and at such...
- Section 11-44C-76 Existing rights and privileges of officers and employees; existing laws not inconsistent with personnel, etc., provisions of chapter
Nothing contained in the provisions of this chapter shall affect or impair the rights or privileges of officers or employees of the city or of...
- Section 11-44C-77 Personnel holding administrative office continued in office; transfer of powers and duties of office, etc., abolished by this chapter
All personnel, except those specifically designated by the provisions of this chapter as removable at the discretion of the mayor, holding administrative office at the...
- Section 11-44C-78 Transfer of records, property, and equipment of office, etc., where powers and duties reassigned
All records, property, and equipment of any office, department or agency, whose power and duties are assigned to any other office, department, or agency by...
- Section 11-44C-79 Office, etc., with name or powers and duties the same or substantially same as existing office deemed a continuation of such office
Any office, department, or agency provided for by this chapter with a name or with powers and duties the same or substantially the same as...
- Section 11-44C-80 Existing contracts continued in force; public improvements for which legislative steps taken
All contracts entered into by the city, or for its benefit, prior to the application to such city of the mayor-council form of government, shall...
- Section 11-44C-81 Pending legal actions and proceedings
No action or proceeding, civil or criminal, pending at the time of the organization under the mayor-council form of government, brought by or against the...
- Section 11-44C-82 Laws relating to pensions or retirement and relief funds continued in force
All laws and parts of laws relating to pensions or retirement and relief funds for policemen, firemen, and other employees of the city, contained in...
- Section 11-44C-83 Laws relating to authority for fairgrounds, etc., continued in force
All laws and parts of laws relating to establishment or financing of an authority for fairgrounds, parks, exhibitions, and other facilities for the amusement, recreation,...
- Section 11-44C-84 Ordinances and resolutions continued in effect
All ordinances and resolutions of the city in effect at the time the form of government herein provided for becomes effective shall continue in effect...
- Section 11-44C-85 Removal of merit system officers and employees; appeal of decision
Any merit system officer or employee to whom the mayor, or a head of any office, department, or agency, may appoint a successor, may be...
- Section 11-44C-86 Participation in meetings of council by mayor, department heads, etc
The mayor, the heads of all departments, and such other officers of the city as may be designated by the council, shall be entitled to...
- Section 11-44C-87 Inquiry into conduct of office, department, agency, or officer; investigations as to municipal affairs; subpoena power
The council, or the mayor, shall have power to inquire into the conduct of any office, department, agency, or officer of the city and to...
- Section 11-44C-88 Interest of official or employee in contracts with city or public utility prohibited; acceptance of gifts, etc.; free transportation of officials, policemen, and firemen in discharge of duties
No elected official or city employee shall be interested, directly or indirectly, in any contract for work or material, or the profits thereof, or services...
- Section 11-44C-89 Oath taken by city officers
Every officer of the city shall, before entering upon the duties of his office, take and subscribe to an oath or affirmation as provided by...
- Section 11-44C-90 Reapportionment of council districts because of population change
Whenever there shall be a change in the population in any of the seven districts heretofore established following a decennial federal census beginning in 1990,...
- Section 11-44C-91 Procedure for changing form of government; change from mayor-council form prohibited for two years
The city is prohibited from changing from the mayor-council form of government within two years after the adoption thereof. At the end of such period,...
- Section 11-44C-92 Commission form of government
If a majority of the qualified electors voting in the election provided herein choose the court ordered districted commission form of government in accordance with...
- Section 11-44C-93 Provisions applicable regardless of form of government chosen
It is the legislative intent of this bill that the following provisions shall apply regardless of which form of government the majority of the qualified...
- Section 11-44C-94 Materials or supplies becoming component parts in repair, etc., of certain aircraft
(a) In Class 2 municipalities, the gross proceeds from the sale or sales of materials or supplies to any person for the use in fulfilling...
- Section 11-44C-94.1 Exemption reiterated for materials or supplies becoming component parts in repair, etc., of certain aircraft
In Class 2 municipalities, the gross proceeds of the sale or sales of materials or supplies to any person for the use in fulfilling a...
- Section 11-44C-95 Tax exemption for the Centre for the Living Arts, Inc
In Class 2 municipalities, The Centre for the Living Arts, Inc., shall be exempt from all municipal ad valorem and sales and use tax.
- Section 11-44C-96 Tax exemption for BayFest, Inc
In Class 2 municipalities, BayFest, Incorporated, is exempt from the payment of all municipal sales and use taxes and gross receipts taxes. This exemption from...
- Section 11-44C-97 Water and sewer system boards - Composition
In any Class 2 municipality, any law to the contrary notwithstanding, the number of members on a water and sewer system board organized under state...
- Section 11-44C-98 Board of adjustment
(a) In any Class 2 municipality, any law to the contrary notwithstanding, the number of members on a board of adjustment provided for in Section...
- Chapter 44D ABANDONMENT OF COMMISSION FORM OF GOVERNMENT IN CLASS 6 MUNICIPALITIES.
- Section 11-44D-1 Ordinance abandoning commission form of government and referendum adopting mayor-council or manager-council form
Within three months of the adoption and approval of this chapter, the governing body of any Class 6 municipality with a commission form of government...
- Section 11-44D-2 Form of referendum ballot; use of voting machines
At such election the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for any...
- Section 11-44D-3 Conduct of referendum; election results determine which provisions of chapter applicable; election expenses
The referendum shall be held and conducted in accordance with the provisions of this title, except as herein otherwise specifically provided. If the majority of...
- Section 11-44D-4 Mayor-council form of government
If a majority of the qualified electors voting in the referendum provided herein choose a mayor-council form of government, the following provisions of this chapter...
- Section 11-44D-5 Council-manager form of government
If a majority of the qualified electors voting in the referendum herein choose a council-manager form of government the following provisions of this chapter shall...
- Section 11-44D-6 Provisions applicable to both mayor-council and manager-council forms of government
The following provisions shall apply regardless of which form of government the majority of the qualified electors voting in the referendum provided herein choose: (1)...
- Section 11-44D-7 Conduct of election and referendum
The election and referendum provided for herein shall be conducted, the vote canvassed, and the results declared in the same manner as provided by Chapter...
- Section 11-44D-8 Reapportionment of council districts
Whenever there shall be a change in population in any of the districts heretofore established, evidenced by a federal census of population, or by virtue...
- Section 11-44D-9 Powers of city generally
The city shall have all powers granted to municipal corporations and to cities by the Constitution and laws of the state, together with all the...
- Section 11-44D-10 Existing rights, powers, and properties continued
All rights, powers, and properties of every description which were vested in any city which adopts a form of government as provided by this chapter,...
- Section 11-44D-11 Initial territorial limits
The initial territorial limits of any municipality which adopts a form of government as provided by this chapter shall be the same as under its...
- Section 11-44D-12 Effect of chapter on preexisting rights and privileges of municipal employees, etc
Nothing contained in this chapter, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality or...
- Section 11-44D-13 Administrative officers continued; reassignment of powers and duties formerly exercised by abolished agency
All persons holding administrative office at the time the new form of government is adopted shall continue in office and in the performance of their...
- Section 11-44D-14 Civil service officers continued
Any person holding an office or position in the civil service of such municipality when the new form of government shall be adopted shall continue...
- Section 11-44D-15 Interagency transfer of records, equipment, etc
All records, property, and equipment whatsoever of any office, department, or agency or part thereof, all the powers and duties of which are assigned to...
- Section 11-44D-16 Contracts continued; completion of public improvements
All contracts entered into by the municipality or for its benefit, prior to the adoption by such municipality of the new form of government, shall...
- Section 11-44D-17 Pending actions and proceedings
No action or proceeding, civil or criminal, pending at the time of the adoption of the new form of government, brought by or against the...
- Section 11-44D-18 Pension and retirement plans, etc., continued
All laws and parts of the laws relating to pension, retirement, and relief funds for any employees of the municipality, as the same may apply...
- Section 11-44D-19 Continuation of laws relating to certain boards, etc
All laws relating to the school board, library board, medical clinic board, hospital board, airport board, housing authority, industrial development board, downtown development authority, plumbers...
- Section 11-44D-20 Continuation of ordinances and resolutions
All ordinances and resolutions of the municipality in effect at the time of the adoption of the new form of government shall continue in effect...
- Section 11-44D-21 Continuation of other laws relating to cities in this class
All laws and parts of laws, general, local, or special, relating to or affecting any city in this class, its powers, functions, duties, and property,...
- Chapter 44E ADOPTION OF MAYOR/COMMISSION/CITY MANAGER FORM OF GOVERNMENT IN CLASS 5 MUNICIPALITIES.
- Article 1 Adoption of the Mayor/Commission/City Manager Form of Government; Election and Term of First Commission.
- Article 2 Legal Status; Form of Government; Powers.
- Article 3 The Commission.
- Section 11-44E-40 Elections; qualification and term of office; oath
(a) Any commissioner whose present term does not expire until October, 1993, shall continue to serve the remainder of his or her term, but shall...
- Section 11-44E-41 Statement of candidacy
Any person desiring to become a candidate in any election for the office of commissioner may become such candidate by filing in the office of...
- Section 11-44E-42 Eligibility of candidates; vacancy when commissioner ceases to possess qualifications
The candidates for office of commissioner shall be qualified electors in the city for at least one year prior to qualifying, shall be at least...
- Section 11-44E-43 Compensation; increase or decrease in compensation; bond
The compensation of all commissioners elected during the first election held under the terms of this chapter shall be the sum of $21,000.00 per annum....
- Section 11-44E-44 Powers of commission
The commission shall be the legislative body of the city. It shall have powers vested in it by this chapter. These powers shall be as...
- Section 11-44E-45 Interference in appointment or removal of officers and employees; dealings of commission with administrative service
Neither the commission nor any of its members shall direct or request the appointment of any person to, or his removal from, office or position...
- Section 11-44E-46 Vacancies in commission
(a) Whenever a vacancy in the office of commissioner shall occur by reason of death, resignation, removal, or any other cause, and the remainder of...
- Section 11-44E-47 Continuation of city clerk in office where subject to civil service or merit system; appointment where not subject to such system; duties of city clerk
If the city clerk of any city which adopts the mayor/commission/city manager form of government holds office subject to any civil service or merit system,...
- Section 11-44E-48 Meetings of commission
The first meeting of each newly elected commission shall be held at two o'clock in the afternoon on the first Tuesday in October, with all...
- Section 11-44E-49 Commission to judge election
The commission shall be the judge of the election by officially canvassing the votes.
- Section 11-44E-50 Rules of procedure of commission; journal of commission proceedings
The commission shall determine its own rules and order of business. It shall keep a journal of its own proceedings and the journal shall be...
- Section 11-44E-51 Meetings of commission; mayor to preside; quorum; majority vote requirement; enactment of resolutions, bylaws, and ordinances; record of proceedings; publication of ordinances
The commission shall hold regular public meetings at a regular hour to be fixed by ordinance of said commission. It may hold such adjourned, called,...
- Section 11-44E-52 Grant of franchise; lease, or right to use streets, etc.; transfer of waterworks, sewer, electric, or gas plant and system to board or public corporation
No resolution, bylaw, or ordinance granting to any person, firm, or corporation any franchise, lease, or right to use the streets, public highways, thoroughfares, or...
- Section 11-44E-53 Codification authorized
The commission may provide at any time it may deem proper, for the revision and codification of its resolutions, bylaws, and ordinances, or for the...
- Section 11-44E-54 Examination of books and publication of accounts
At the end of each year, the commission shall cause a full and complete examination of all the books and accounts of the city to...
- Article 4 Mayor.
- Section 11-44E-70 Election; term; qualification
The mayor shall be elected at the same election at which commissioners for Districts 1, 3, and 5 are elected under the provisions of Article...
- Section 11-44E-71 Statement of candidacy
Any person desiring to become a candidate at any election for the office of mayor may become such candidate by filing in the office of...
- Section 11-44E-72 Eligibility of candidates
The candidates for office of mayor shall have been qualified electors of the city for at least one year prior to qualifying, shall be at...
- Section 11-44E-73 Compensation; increase or decrease of compensation; bond
The compensation of the mayor elected during the first election held under the terms of this chapter shall be the sum of $42,000.00 per annum....
- Section 11-44E-74 Vacancy in office of mayor; acting mayor; special election; qualification, duties, and term of successor
Whenever a vacancy in the office of mayor shall occur by reason of death, resignation, removal, or any other cause, including physical or mental incapacity,...
- Section 11-44E-75 Powers and duties of mayor
The mayor shall have the following powers and duties: (1) To serve as the presiding officer of the commission. (2) To vote and have the...
- Section 11-44E-76 Payment of all funds
The payment of all funds shall be by checks or warrants signed by the city clerk and countersigned by the mayor, provided, however, a facsimile...
- Article 5 City Manager.
- Section 11-44E-90 Creation of office of city manager
The office of the city manager is hereby created under sole authority of this chapter.
- Section 11-44E-91 Appointment of city manager; qualifications; residence; noneligibility of elected officials
The city manager shall be appointed by a majority vote of the commission. He (She) shall be chosen without regard to political beliefs and solely...
- Section 11-44E-92 Powers and duties of city manager
The city manager shall be the administrative head of the city. He (She) shall devote all his (her) working time and attention to the affairs...
- Section 11-44E-93 Noninterference by mayor or commission with certain duties of city manager; dealings with administrative service
Neither the mayor, commission nor any of its members shall direct the employment or removal of any person by the city manager or by any...
- Section 11-44E-94 Political, other improper influences on city manager and personnel under his (her) authority prohibited; ineligibility of candidates for public office to continue employment
Neither the city manager nor any person appointed by him (her) or seeking appointment by him (her) shall be appointed, promoted, reduced, removed, or in...
- Section 11-44E-95 Bond of city manager
The city manager, before entering upon the discharge of his (her) duties, shall give bond in the penal sum of not less than $50,000.00 payable...
- Section 11-44E-96 Compensation of city manager
The city manager shall receive such compensation as, from time to time, may be approved by the commission as is specified in any employment contract...
- Section 11-44E-97 Eligibility and participation in city retirement and insurance plans
The city manager shall be eligible and may participate in the retirement system and the group insurance plan of the city.
- Section 11-44E-98 Contract between city manager and city
The tenure, compensation, and duties as provided by law of the city manager shall be enumerated in a contract between the city manager and the...
- Section 11-44E-99 Vacancies in office of city manager
In the case of a vacancy in the office of city manager, the commission may appoint an acting city manager who shall possess the powers...
- Section 11-44E-100 Temporary absence or disability of city manager
During the temporary absence or disability of the city manager, the city manager shall designate the appropriate department head to serve in his (her) absence...
- Article 6 Budget.
- Article 7 Commission Districts.
- Article 8 Succession in Government.
- Section 11-44E-140 Rights of officers and employees preserved
Nothing in this chapter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the city or...
- Section 11-44E-141 Continuance of present officers; exercise of powers of abolished agency by agency designated by commission
All persons holding administrative office at the time the mayor/commission/city manager form of government is adopted shall continue in office and in the performance of...
- Section 11-44E-142 Continuance of officers and employees holding positions in classified service
Any person holding an office or position in the classified service of the city under any civil service or merit system applicable to the city...
- Section 11-44E-143 Transfer of agency records and property
All records, property, and equipment whatsoever of any office, department, or agency or part thereof, all the powers and duties of which are assigned to...
- Section 11-44E-144 Office, etc., with name or powers and duties the same or substantially same as existing office deemed a continuation of such office
Any office, department, board, or agency provided for in this chapter with a name or with powers and duties the same or substantially the same...
- Section 11-44E-145 Existing contracts continued in force; public improvements for which legislative steps taken
All contracts entered into by the preceding form of government, shall continue in full force and effect. Public improvements for which legislative steps have been...
- Section 11-44E-146 Pending legal actions and proceedings
No action or proceeding, civil or criminal, pending at the time of the adoption of the mayor/commission/city manager form of government, brought by or against...
- Section 11-44E-147 Laws relating to pensions or retirement and relief funds continued in force
All laws and parts of laws relating to pensions, retirement, and relief funds for policemen, firemen, and other employees of the city, contained in the...
- Section 11-44E-148 Laws relating to authority for fairgrounds, etc., continued in force
All laws and parts of laws relating to establishment of an authority for fairgrounds, parks, exhibits, exhibitions, and other installations, facilities, and places for the...
- Section 11-44E-149 Ordinances and resolutions continued in effect
All ordinances and resolutions of the city in effect at the time of adoption by the city of the mayor/commission/city manager form of government herein...
- Article 9 Code of Conduct and Penalties for Violations of This Chapter.
- Section 11-44E-160 Party caucus or primary for nomination of candidates for mayor or commissioner prohibited
It shall be unlawful to hold a party caucus or primary for the purpose of nominating any candidate for the office of mayor or commissioner...
- Section 11-44E-161 Bribes; transportation of voters to polls
It shall be unlawful for any candidate for office or any officer in the city, directly or indirectly, to give or promise any person or...
- Section 11-44E-162 Statement of campaign contributions
Each candidate for city office provided for by this chapter shall, not later than 30 days after the election, file with the city clerk his...
- Section 11-44E-163 Financial interest in public service utility
No mayor or commissioner or any other official of the city, nor any employee thereof, shall be financially interested in any corporation operating any public...
- Section 11-44E-164 Election bribes; false statement as to qualification to vote; voting or offering to vote by person who is not qualified
Any person offering to give a bribe, either in money or other consideration, to any voter for the purpose of influencing his (her) vote at...
- Section 11-44E-165 Employee involvement in elections
Any employee of any such city shall not wear signs or election material at his (her) place of employment or work.
- Section 11-44E-166 Hiring of persons to solicit votes at polls on election day
It shall be unlawful for any candidate for mayor or commissioner, or for any other person in his (her) behalf, to hire, or pay or...
- Section 11-44E-167 Penalties for violations of this chapter; disqualification of candidate
Any person willfully violating any provisions of this chapter relating to the mayor/commission/city manager form of government for which penalties have not otherwise been prescribed...
- Section 11-44E-168 Recall of elected official
The mayor or any commissioner shall be subject to recall. To institute a recall election, any registered voter may present a petition to the city...
- Article 10 General Provisions.
- Section 11-44E-180 Removal of officers and employees; appeal
Subject to the provisions of any civil service or merit system applicable to the city, and Section 11-44E-92, any officer or employee or a head...
- Section 11-44E-181 Appointment of committees; inquiries and investigations by commission, etc.; subpoenas; failure to obey subpoena
Any committee of the commission or comprised of members of the commission shall be appointed by the mayor only. Any other committee comprised solely of...
- Section 11-44E-182 Contracts extending beyond one year
No contract involving the payment of money out of the appropriation of more than one year shall be made for a period of more than...
- Section 11-44E-183 Interest of official or employee in contracts with city or public utility prohibited; acceptance of gifts, etc.; penalty
No member of the commission, the mayor, officer, or employee appointed shall be financially interested, directly or indirectly, in any contract for work or material,...
- Section 11-44E-184 Bonds of employees
Such employees as required by Alabama law and those required by the commission, shall give bond in such amount and with such surety as may...
- Section 11-44E-185 Oath of office
Every officer of the city shall before entering upon the duties of his (her) office, take and subscribe to the oath or affirmation as required...
- Section 11-44E-186 Continuation of laws
All laws relating to the school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board, zoning board, park or...
- Section 11-44E-187 Inclusion of annexed territory into districts
Upon the adoption of any ordinance providing for the addition or deletion of territory into the city limits of the city, such ordinance shall provide...
- Article 11 Abandonment of Mayor/Commission/City Manager Form of Government.
- Article 12 General Statutory Provisions.
- Chapter 44F CLASS 8 MUNICIPALITIES WITH MAYOR-COUNCIL FORM OF GOVERNMENT.
- Article 1 Abandonment of Commission Form of Government.
- Article 2 Status of Mayor.
- Section 11-44F-20 Governing body authorized to provide for referendum to determine status of mayor
The governing body of a Class 8 municipality may, by resolution adopted within 60 days after the date on which the United States Justice Department...
- Section 11-44F-21 Procedures for referendum
At the referendum, the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for any...
- Section 11-44F-22 Ordinance once majority of voters vote in favor of mayor being full-time
If a majority of voters vote in favor of the mayor of the Class 8 municipality being full-time, the governing body of the city may...
- Section 11-44F-23 Salary of mayor
Upon certification of the results of the referendum by the election official, the governing body of the municipality shall, at least six months prior to...
- Section 11-44F-24 Resolution that officer who fills vacancy not required to serve full-time
In the event the mayor is serving on a full-time basis and a vacancy occurs in the office of mayor, the city council may provide,...
- Section 11-44F-25 Subsequent referendum to reconsider status of mayor as part-time position
In the event that the governing body of any Class 8 municipality, which has adopted an ordinance pursuant to Section 11-44F-22, shall later determine that...
- Section 11-44F-26 Construction with other law
All laws and parts of laws, general, local, or special, relating to or affecting the Class 8 municipality, its powers, duties, functions, and property, in...
- Chapter 44G FILLING VACANT MAYOR AND COUNCIL POSITIONS IN CLASS 7 AND 8 MUNICIPALITIES
- Chapter 45 ORDINANCES AND RESOLUTIONS.
- Section 11-45-1 Adoption and enforcement authorized
Municipal corporations may from time to time adopt ordinances and resolutions not inconsistent with the laws of the state to carry into effect or discharge...
- Section 11-45-1.1 Subject matter of handguns reserved to State Legislature; power of municipality to adopt certain ordinances; concurrent jurisdiction of municipal courts with district courts
Repealed by Act 2013-283, §9, effective August 1, 2013.
- Section 11-45-2 Style of ordinances; procedure for adoption of ordinances or resolutions generally; manner of awarding contracts on bids
(a) The style of an ordinance of a city or town shall be, "Be it ordained by the city (or town) council of _______ as...
- Section 11-45-3 Transmittal of ordinances or resolutions to mayor for consideration; approval by mayor and publication by clerk; recall of ordinances or resolutions from mayor
In cities having a population of 12,000 or more, all resolutions or ordinances intended to be of permanent operation, after having been passed by the...
- Section 11-45-4 Veto of ordinances and resolutions, and passage over veto generally
(a) Except as provided in subsection (b), if the mayor shall disapprove of any ordinance or resolution transmitted to him or her as provided in...
- Section 11-45-5 Veto, passage over veto, etc., of ordinances and resolutions fixing salaries of officers and employees
(a) Except as provided in subsection (b), every ordinance and resolution fixing the salaries of employees and officers of the city shall be submitted to...
- Section 11-45-6 Amendment of ordinances
No ordinance shall be amended after its passage by providing that designated words be stricken out or that designated words be inserted or that designated...
- Section 11-45-7 Codification of ordinances; adoption of code by ordinance
The council may provide at any time it may deem proper for the revision and codification of its ordinances or for the adoption of a...
- Section 11-45-8 Publication and recordation of ordinances; when ordinances take effect; adoption of certain technical codes by reference
(a) All ordinances shall as soon as practicable after their passage be recorded in a book kept for that purpose and be authenticated by the...
- Section 11-45-9 Penalties which may be imposed for violations of ordinances
(a) Municipal ordinances may provide penalties of fines, imprisonment, hard labor, or one or more of such penalties for violation of ordinances. (b) Except as...
- Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation of certain ordinances; procedure; schedule of fines; additional penalty for failure to appear; disposition of fines
(a) By ordinance, the governing body of any municipality may authorize any law enforcement officer of a municipality or any law enforcement officer of the...
- Section 11-45-10 Procedure for adoption or repeal of canine leash ordinance in Class 5 municipalities
(a) The provisions of this section shall apply to all Class 5 municipalities of this state, as such class is designated by act of the...
- Section 11-45-11 Judicial notice of ordinances of Class 1 municipalities
All courts of the state of Alabama shall take judicial notice of all municipal ordinances of each Class 1 municipality.
- Chapter 46 ELECTIONS.
- Article 1 General Provisions.
- Section 11-46-1 Municipalities may provide for election, compensation, bond, etc., of officers
Cities and towns may, except as otherwise provided by law, by ordinance provide for the election at any regular municipal election or for the appointment...
- Section 11-46-2 Establishment of qualification fee for candidates for office
The governing body of all municipal corporations of this state may, by ordinance, establish and fix a qualification fee to be imposed upon all candidates...
- Section 11-46-3 Primary elections by political parties and partisan elections abolished in municipalities having 300,000 inhabitants or less
Primary elections of political parties are hereby abolished in cities and towns of this state which have a population of 300,000 inhabitants or less, according...
- Section 11-46-4 Identification of electors eligible to vote; municipality, county contracts; official poll list
(a) The incorporated municipalities of this state are hereby authorized to enter into contracts with the counties of this state and their boards of registrars...
- Section 11-46-5 Date of elections in certain municipalities
The governing body of a municipality having a general municipal election or runoff election required by general or local act at a time different from...
- Section 11-46-6 Date of elections in certain Class 5 municipalities
(a) The provisions of this section shall apply to all Class 5 cities, according to Section 11-40-12. (b) Any Class 5 city may hold its...
- Section 11-46-7 Polling places for municipal elections in Class 1 municipalities
(a) Notwithstanding any provision of law to the contrary, except for those citizens of Birmingham that reside in Shelby County and those citizens of Birmingham...
- Section 11-46-8 Election of mayor and members of city council in Class 1 municipalities
(a) This section shall only apply in a Class 1 municipality. (b) Commencing with the municipal election in 2011, the mayor shall be elected for...
- Section 11-46-9 Election commission in Class 1 municipality
In any Class 1 municipality, the mayor, the city attorney, and the president of the city council shall constitute an election commission for the city....
- Article 2 Elections in Certain Cities or Towns Having Mayor-Council Form of Government.
- Section 11-46-20 Cities and towns governed by article; costs of elections; standard of time applicable; effect of legal holidays or closing days
(a) General and special elections in cities and towns of this state, in all municipalities except Class 1 municipalities and except cities and towns organized...
- Section 11-46-21 Time of elections; notice; assumption of duties by elected officers
(a) The regular municipal elections in cities and towns shall be held on the fourth Tuesday in August 1984, and quadrennially thereafter, and, when necessary...
- Section 11-46-22 Notice of elections
(a) It shall be the duty of the mayor to give notice of all municipal elections by publishing notice thereof in a newspaper published in...
- Section 11-46-23 Authority and procedure for adjustment of boundary lines of wards, division of wards into voting districts, etc
The boundaries of wards within municipalities which have been divided into wards as now defined shall so remain until changed by ordinance. Hereafter the municipal...
- Section 11-46-24 Designating and equipping voting places; election officials; canvass returns
(a) The municipal governing body may, when it orders an election, designate at least one place of voting in each ward and if the ward...
- Section 11-46-24.1 Designation of voting places in Class 8 municipalities by combination of districts and wards
Notwithstanding the provisions of subsection (a) of Section 11-46-24, the municipal governing body of a Class 8 municipality, for the purpose of designating voting places...
- Section 11-46-25 Ballots; statements of candidacy; withdrawal of candidacy
(a) In all municipal elections on any subject which may be submitted by law to a vote of the people of the municipality and for...
- Section 11-46-26 Proceedings where only one candidate or nominee for office
In the event only one person has filed a statement of candidacy for an office by 5:00 P.M. on the third Tuesday in July preceding...
- Section 11-46-27 Appointment, compensation, etc., of election officers
(a) The municipal governing body or a majority of them must, not less than 15 days before the holding of any municipal election, appoint from...
- Section 11-46-28 Polling place hours; duties of election officers; challenger; deletion of absentee voter applicants from voter list; preservation of order
(a) Every polling place shall open for voting at 7:00 A.M. and shall close at 7:00 P.M. and shall remain open for voting for not...
- Section 11-46-29 Appointment of election officers upon failure of others to attend polls
On the failure of any person who has been duly appointed an election officer to attend the polls at the hour prescribed for his attendance,...
- Section 11-46-30 Schools for instruction of election officials in use of voting machines; qualifications and certification of election officials
(a) When voting machines are to be used in any municipal election, the municipal governing body shall provide for holding a school or schools of...
- Section 11-46-31 Exhibition of voting machines for voter instruction and information; diagrams furnished with voting machines
During the 30 days next preceding an election at which voting machines will be used, the municipal governing body shall place on public exhibition in...
- Section 11-46-32 Election supplies
(a) The mayor or other chief executive officer of the municipality shall at the expense of the municipality procure and superintend and insure the delivery...
- Section 11-46-33 Duties of clerk as to voting machines
(a) Whenever voting machines are to be used in any municipal election the municipal clerk shall: (1) Cause the proper ballot labels to be placed...
- Section 11-46-34 Voting booths
For all elections at which paper ballots will be used, the chief executive officer of the municipality at the expense of the municipality shall provide...
- Section 11-46-35 Watchers
(a) Each candidate may name a watcher for every polling place. As used in this subsection, a polling place shall mean a location for ballot...
- Section 11-46-36 Preparation, certification, filing, and publication of lists of qualified regular voters
(a) The mayor or other chief executive officer of the city or town shall cause to be made a list of the qualified voters who...
- Section 11-46-37 Preparation, etc., of lists of qualified voters upon disqualification of mayor, etc
In the event the mayor or other chief executive officer of any city or town is a candidate in any municipal election held under the...
- Section 11-46-38 Electors to vote in wards or precincts of residence, etc.; qualifications for voting
(a) At all municipal elections, a qualified elector may vote only in the ward or precinct of his or her residence where he or she...
- Section 11-46-39 Oath and identification of voters challenged; voting procedure where paper ballots used
(a) Where paper ballots are used, the inspector, upon the elector's entering the polling place, shall examine the list of qualified electors furnished by the...
- Section 11-46-40 Assistance of disabled electors generally
When paper ballots are used, any elector applying to vote who shall state under oath to any of the inspectors (which oath may be administered...
- Section 11-46-41 Forms of oaths to be taken by and for challenged voters; penalty for false oath; refusal to take oath
Repealed by Acts 2006-281, p. 496, §2, effective January 1, 2007.
- Section 11-46-42 Number of electors allowed in polling place; time limit, etc., for occupation of booth
Where paper ballots are used, no more than 10 electors shall be allowed in the polling place at the same time. In all elections for...
- Section 11-46-43 Right of secret ballot; write-in voting prohibited
(a) Every voter in a municipal election shall have the right to vote a secret ballot which shall be kept secret and inviolate. (b) Electors...
- Section 11-46-44 Votes not to be counted until polls closed; disposition of poll lists and affidavits; counting of ballots
(a) No votes shall be counted until the polls are closed. (b) Immediately after the polls are closed at elections where paper ballots are used,...
- Section 11-46-45 Preparation of statements of vote; certification, sealing, and delivery of statements and poll lists; packaging of ballots; sealing and delivery of ballot boxes
(a) At elections where paper ballots are used, as soon as the ballots are all counted, the inspectors must ascertain the number of votes received...
- Section 11-46-46 Delivery of returns, etc.; retention and destruction of ballot boxes; opening of ballot boxes
(a) At the time appointed by the municipal governing body to canvass the returns of the election the municipal clerk shall deliver to the governing...
- Section 11-46-47 Delivery, examination, and identification of keys to voting machines; examination of counters, ballots, etc.; certification as to keys, counters, and ballots; opening of machines and polls
(a) Whenever voting machines are used for municipal elections, the key or keys to the voting machine or machines, still in the envelopes in which...
- Section 11-46-48 Provision of election materials and supplies; preparation of lighting facilities; posting and placement of diagrams and models
The municipal clerk shall furnish and deliver with each voting machine: Lighting facilities which shall give sufficient light to enable voters while in the voting...
- Section 11-46-49 Election officers for voting machines; duties
(a) At all elections where voting machines are used, there shall be the following election officers for each voting machine: An inspector, a chief clerk,...
- Section 11-46-50 Identification of voters where voting machines used; voting procedure; assistance of voters; provisional ballot
(a) The election officials, where voting machines are used, shall ascertain whether each applicant to vote is entitled to vote, and each applicant found to...
- Section 11-46-51 Instruction of voters in use of machines; oath, etc., of disabled voters; assistance of voters
(a) The election officers shall, with the aid of the diagrams authorized by this article and the mechanically operated model, instruct each voter before he...
- Section 11-46-52 Closing of polls; locking of machines; announcement of results; statements of canvass; proclamation; disposition of voting materials
(a) When the time arrives for closing the polls, all qualified voters who are then waiting within the voting room to vote shall be permitted...
- Section 11-46-53 Voting machines to remain locked during period for filing of contests; when seals of machines may be broken; disposition of records taken from machines
(a) The voting machines shall remain locked against voting for the time provided by law for the filing of contests and then shall have the...
- Section 11-46-54 Designation, etc., of custodians of voting machines and keys; transportation, storage, and protection of machines
(a) The governing body of any municipality procuring voting machines shall designate a person or persons who shall have the custody of the voting machines...
- Section 11-46-55 Canvassing of returns and certificate of election; determination of majority; runoff elections
(a) Commencing at 12:00 noon on the first Tuesday next after the election, the municipal governing body shall proceed to open the envelopes addressed to...
- Section 11-46-55.1
(a) Any person with standing to contest a municipal election may petition the canvassing authority for a recount of any or all precinct returns. The...
- Section 11-46-56 Absentee ballots - Eligibility
Any qualified elector of a city or town shall be entitled to cast an absentee ballot under and pursuant to the election laws of the...
- Section 11-46-57 Absentee ballots - Casting and handling of ballots; duties and compensation of clerks, etc., generally; applicability of other laws
The provisions of Chapter 11 of Title 17 shall be applicable to the casting and handling of absentee ballots in municipal elections, and any amendments,...
- Section 11-46-58 Absentee ballots - Marking, posting, etc., of lists of applicants
The town clerk, city clerk, or other officer performing the duties of the clerk, as the case may be, in municipal elections held under the...
- Section 11-46-59 Offenses of mayor and other executive officers
(a) Any mayor or other chief executive officer of a municipality who willfully fails to give notice of any municipal election as required in this...
- Section 11-46-60 Offenses of clerks
(a) Any municipal clerk who sends any ballots to or makes any suggestions in reference to furnishing ballots for absent voters, except upon the application...
- Section 11-46-61 Offenses of election officers generally
(a) Any election officer appointed as such by a municipal governing body who shall fail to attend a municipal election without a lawful excuse shall,...
- Section 11-46-62 Offenses of inspectors
(a) Any inspector of an election who shall, without challenging him, permit any person to vote in a municipal election knowing that he is not...
- Section 11-46-63 Failure of returning officer to deliver statement of votes and poll list
Any returning officer of the ward who fails to deliver the statement of votes and poll list of a municipal election to the municipal clerk...
- Section 11-46-64 Deception of disabled voters by marker, etc
Any marker or helper or assistant authorized to aid a disabled voter at a municipal election who willfully deceives any elector in preparing his ballot...
- Section 11-46-65 Drinking of intoxicating liquors by watcher
Any duly appointed watcher at a municipal election who drinks any intoxicating liquors while the election is being held shall be guilty of a misdemeanor...
- Section 11-46-67 Offenses of electors
(a) Any elector who takes or removes or attempts to take or remove any ballot from the polling place at a municipal election before the...
- Section 11-46-68 Miscellaneous offenses
(a) Any person who shall willfully fail or refuse to perform or discharge any duty relating to absent voters required of him by this article...
- Section 11-46-69 Contest of elections - Grounds; commencement of action
(a) The election of any person declared elected to any office of a city or town may be contested by any person who was at...
- Section 11-46-70 Contest of elections - Trial; entry of judgment
If, on the trial of the contest of any municipal election, it shall appear that any person other than the one whose election is contested,...
- Section 11-46-71 Annulment of elections
No misconduct, fraud, or corruption on the part of the election officers, the marker, the municipal governing body, or any other person, nor any offers...
- Section 11-46-72 Procedure where election not held on day appointed
If any municipal election provided for in this article should not take place on the day appointed, the municipal corporation shall not for that cause...
- Section 11-46-73 Provisions of article as to offenses cumulative
It is specifically declared that the designation in this article of certain acts and omissions relative to municipal elections as offenses shall not be exclusive...
- Section 11-46-74 Use of election dates established by classification act or local act
Any municipality whose election dates have been established by classification act, local act, or general act of local application may continue to use said election...
- Article 3 Elections in Certain Cities or Towns Having Commission Form of Government.
- Section 11-46-90 Applicability of article; costs of elections
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-91 Standard of time applicable; effect of legal holidays or closing days; municipal governing body defined
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-92 Time of holding regular, special, or runoff elections; assumption of duties by officers elected; service until successors are elected and qualified
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-93 Notice of elections
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-94 Authority and procedure for adjustment of boundary lines of wards; division of wards into voting districts, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-95 Designation of voting places generally; voting centers; officials and equipment; voting procedures
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-96 Ballots; statements of candidacy; withdrawal of candidacy
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-97 Proceedings where only one candidate for office
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-98 Appointment, compensation, etc., of election officers
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-99 Hours during which polls open; attendance at and opening of polls by election officers; oath of officers; selection and duties of challengers; deletion of voters by absentee ballot from lists of qualified electors; preservation of order
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-100 Appointment of election officers upon failure of others to attend polls
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-101 Schools for instruction of election officials in use of voting machines; qualifications and certification of election officials
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-102 Public exhibition of voting machines for instruction and information of voters; posting, etc., of diagrams furnished with voting machines
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-103 Election supplies
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-104 Duties of clerk as to voting machines
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-105 Voting booths
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-106 Watchers
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-107 Preparation, certification, filing, and publication of lists of qualified regular voters
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-108 Preparation, etc., of lists of qualified voters upon disqualification of mayor, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-109 Electors to vote in ward or precinct of residence, etc.; qualifications for voting; challenges of voters generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-110 Oath and identification of voters challenged generally; voting procedure where paper ballots used generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-111 Assistance of disabled electors generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-112 Forms of oaths to be taken by and for challenged voters; penalty for false oath; refusal to take oath
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-113 Number of electors allowed in polling place; time limit, etc., for occupation of booth
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-114 Right of secret ballot; write-in voting prohibited
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-115 Votes not to be counted until polls closed; disposition of poll lists and affidavits; counting of ballots
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-116 Preparation of statements of vote; certification, sealing, and delivery of statements and poll lists; packaging of ballots; sealing and delivery of ballot boxes
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-117 Delivery of returns, etc., to governing body; retention and destruction of ballot boxes generally; when ballot boxes may be opened
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-118 Delivery, examination, and identification of keys to voting machines; examination of ballots, counters, etc.; certification as to keys, counters, and ballots; opening of machines and polls
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-119 Provision of election materials and supplies; preparation of lighting facilities; posting and placement of diagrams and models
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-120 Election officers for voting machines; duties
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-121 Identification of voters where voting machines used; voting procedure generally; assistance of voters generally; challenges to voters
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-122 Instruction of voters in use of machines; oath, etc., of disabled voters; assistance of voters
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-123 Closing of polls; locking of machines; announcement of results; statements of canvass; proclamation; disposition of voting materials
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-124 Voting machines to remain locked during period for filing of contests; when seals of machines may be broken; disposition of records taken from machines
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-125 Designation, etc., of custodians of voting machines and keys; transportation, storage, and protection of machines
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-126 Canvassing of returns, declaration of election result, and issuance of certificate of election by board of commissioners; runoff elections
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-127 Absentee ballots - Eligibility
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-128 Absentee ballots - Casting and handling of ballots generally; duties of registers, clerks, etc., generally; applicability of other laws relating to absentee voting
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-129 Absentee ballots - Marking, posting, etc., of lists of applicants for absentee ballots
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-130 Offenses of mayors and other executive officers
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-131 Offenses of clerks
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-132 Offenses of election officers generally
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-133 Offenses of inspectors
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-134 Failure of returning officer to deliver statement of votes and poll list
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-135 Deception of disabled voter by marker, etc
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-136 Drinking of intoxicating liquors by watcher
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-138 Offenses of electors
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-139 Miscellaneous offenses
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-140 Contest of elections - Grounds; commencement of action
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-141 Contest of elections - Trial; entry of judgment
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-142 Annulment of elections
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-143 Procedure where election not held on day appointed
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-144 Provisions of article as to offenses cumulative
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Section 11-46-145 Use of election dates established by classification act or local act
Repealed by Act 2016-295, §1(a), effective May 10, 2016.
- Chapter 47 POWERS, DUTIES AND LIABILITIES GENERALLY.
- Article 1 General Provisions.
- Section 11-47-1 Borrowing of money authorized - Twelve-month renewable loans
Cities and towns shall have the right to borrow money for any purpose or purposes not in excess of any limitation imposed by the Constitution...
- Section 11-47-2 Borrowing of money authorized - Thirty-year loans
Any incorporated city or town in this state may borrow money for temporary or any other lawful purpose or use to the extent of its...
- Section 11-47-3 Contracts and indebtedness for municipal buildings and public utility systems; consolidation of systems; ancillary service contracts
(a) The governing body of any city or town may contract for the construction, reconstruction, extension, or repair of any municipal building, plant, waterworks system,...
- Section 11-47-4 Authority for issuance of bonds after reorganization
Bonds authorized to be issued by cities and towns of the state by act of the legislature before the adoption of the constitution or by...
- Section 11-47-5 Execution of contracts
Contracts entered into by a municipality shall be in writing, signed and executed in the name of the city or town by the officers authorized...
- Section 11-47-6 Contracts to be awarded to lowest responsible bidder
(a) The award of each contract for which bids have been submitted to a municipality shall be made to the lowest responsible bidder who may...
- Section 11-47-7 Erection, maintenance, etc., of jails, morgues, hospitals, etc
All cities and towns of this state shall have the power to establish, erect, maintain, and regulate jails, morgues, houses of refuge, stationhouses and prisons,...
- Section 11-47-7.1 Additional court costs and fees on certain municipal cases; disposition of funds
(a) In addition to any court costs and fees now or hereafter authorized, any municipal governing body, by majority vote of the municipal governing body,...
- Section 11-47-8 Removal of prisoners from municipal jail to another jail
If the jail of any municipality is destroyed or becomes overcrowded, insufficient or unsafe or any epidemic dangerous to life is prevalent in the vicinity,...
- Section 11-47-9 Advertisement of municipalities - Authorized
All municipalities in the State of Alabama shall be and are hereby authorized and empowered to enter into contracts or agreements with any persons, firms,...
- Section 11-47-10 Advertisement of municipalities - Costs
The reasonable cost of or charge for such advertising shall be a legal charge against any available funds of the municipality engaged in such advertising.
- Section 11-47-11 Appropriations, etc., for promotion, etc., of municipal resources and for promotion of industry, etc., within municipality, etc
In addition to all other powers which may be conferred on it by law, every incorporated city or town shall have the power to set...
- Section 11-47-12 Provision of building for storage of gunpowder, etc
Repealed by Act 2015-70 effective April 21, 2015.
- Section 11-47-13 Purchase of school property and erection of school buildings; levy of tax therefor
All municipal corporations may purchase school property or purchase lots and erect school buildings thereon for the use and benefit of the citizens of their...
- Section 11-47-14 Provision of wharves and landings and improvement of waterfronts generally
All municipal corporations which may have heretofore regularly issued bonds as provided by law for all or any of the purposes of constructing a wharf...
- Section 11-47-14.1 Construction of port facilities by Class 1 municipalities; bonds and other contributions
(a) Legislative findings. The Legislature of Alabama finds that the Tombigbee Waterway will soon be completed, and the transportation opportunities afforded thereby must be fully...
- Section 11-47-15 Alteration of channel of watercourse; construction, maintenance, leasing, etc., of wharves and buildings, etc., on and near wharves and wharf sites
The council or other governing body of any town or city may alter and change the channel of any watercourse in the police jurisdiction of...
- Section 11-47-16 Establishment, acquisition, administration, etc., of public cultural facilities
Each county, city, and town in this state shall have power to establish, operate, maintain, or contract with others to operate and maintain public cultural...
- Section 11-47-17 Provision of public scales, inspection of weights and measures, etc
The council or other governing body of any town or city may provide public scales and an inspection of weights and measures and may provide...
- Section 11-47-18 Provision for lighting, sprinkling, and cleaning of streets
The council or other governing body of any town or city may provide for lighting, sprinkling, and cleaning the streets by contract or otherwise.
- Section 11-47-19 Establishment, etc., of public grounds, parks, etc., and provision of music and other exhibitions
The council or other governing body of any town or city may establish, lay out and improve public grounds, parks, and boulevards and regulate the...
- Section 11-47-20 Disposition of unneeded real estate - Generally
The governing body of any city or town in this state may, by ordinance to be entered on its minutes, direct the disposal of any...
- Section 11-47-21 Disposition of unneeded real estate - Leasing thereof
The governing body of any city or town in this state may, by ordinance to be entered on its minutes, lease any of its real...
- Section 11-47-22 Exercise of police jurisdiction over hospitals, poorhouses, cemeteries, etc
All cities and towns of this state shall have the power to exercise police jurisdiction over all lands purchased or acquired by the city or...
- Section 11-47-23 Limitation periods for presentation of claims against municipalities
All claims against the municipality (except bonds and interest coupons and claims for damages) shall be presented to the clerk for payment within two years...
- Section 11-47-24 Government agency required to provide defense counsel to any employee sued for damages arising out of performance of official duties; municipal corporation authorized to obtain liability insurance
(a) Whenever any employee of a municipal corporation of the State of Alabama shall be sued for damages arising out of the performance of his...
- Section 11-47-25 Acceptance of credit card payments in Class 1 municipalities
(a) This section shall apply only in a Class 1 municipality. (b) Notwithstanding any other provision of law to the contrary, any office or unit...
- Section 11-47-26 Payment of municipal employees by direct deposit of wages
(a) A municipality may adopt a policy to require new employees hired by the municipality after the adoption of the policy to participate in direct...
- Article 2 Cemeteries and Burial Grounds.
- Division 1 General Provisions.
- Section 11-47-40 Ownership, regulation, etc., of municipal cemeteries; regulation, etc., of establishment or use of private cemeteries within police jurisdiction
All cities and towns of this state shall have the power to own, regulate, improve, lay out, and control town or city cemeteries and permit...
- Section 11-47-41 Contracts for municipal care and maintenance of burial grounds, cemeteries, and graves - Authorized
Any incorporated city or town having within its corporate limits an ancient family cemetery or burial ground or owning a cemetery or burial ground may...
- Section 11-47-42 Contracts for municipal care and maintenance of burial grounds, cemeteries, and graves - Manner of contracting
All contracts made under the provisions of Section 11-47-41 shall be by ordinance, which shall state all the terms and conditions of the contract, and...
- Division 2 Abandonment of Cemeteries and Removal and Reinterment of Human Remains.
- Section 11-47-60 Declaration for abandonment of cemetery and removal of human remains interred therein - Adoption, etc
(a) Any cemetery corporation or association, including religious bodies, owning or controlling any cemetery within this state may, with the consent and approval of the...
- Section 11-47-61 Declaration for abandonment of cemetery and removal of human remains interred therein - Specification as to removal of remains after two months
Any resolution or declaration for abandonment and removal duly adopted and made under the provisions of Section 11-47-60 shall specify and declare that at any...
- Section 11-47-62 Declaration for abandonment of cemetery and removal of human remains interred therein - Publication, posting, and mailing of notice
(a) Notice of the said declaration of abandonment and of the proposed removal of the human remains from any such cemetery or part thereof shall...
- Section 11-47-63 Removal and reinterment of remains by corporations, etc., generally; notices
(a) After the completion of the publication, posting and mailing of the "Notice of declaration of abandonment of lands for cemetery purposes and of intention...
- Section 11-47-64 Notice to board of health of removal of remains, etc.; removal of remains, etc., subject to rules and regulations of board of health
(a) Any cemetery corporation, association, corporation sole or other person owning or controlling such cemetery shall, before disinterring, transporting or removing human remains under the...
- Section 11-47-65 Voluntary removal of remains by relative or friend of person interred or by owner of plat or lot; affidavit of person removing remains
At any time prior to the removal by said cemetery corporation, association, corporation sole or other person owning or controlling said cemetery lands of the...
- Section 11-47-66 Purchase and sale of lands, etc., for reinterment of remains from abandoned cemeteries; reservation of lands in abandoned cemeteries for erection of memorial mausoleum, etc
(a) Whenever any such cemetery corporation, association, corporation sole or other person owning or controlling any such cemetery lands from which the bodies interred therein...
- Section 11-47-67 Reinterment of remains generally
Whenever under the provisions of this division the remains of any person shall have been removed from any cemetery or part thereof abandoned as such...
- Section 11-47-68 Erection of markers upon and preparation, filing, etc., of maps, plans, etc., of lands, etc., where remains reinterred
After the removal and reinterment or deposit in a mausoleum or columbarium of the bodies disinterred from any such abandoned cemetery or part thereof the...
- Section 11-47-69 Care, etc., of lands, etc., in which remains reinterred
Whenever any cemetery corporation or association having a board of directors or other governing body shall have caused the removal from any cemetery or part...
- Section 11-47-70 Removal, etc., of monuments, headstones, etc., from graves from which remains removed
(a) Whenever the remains of any person shall have been removed from any cemetery by any relative or friend of such person under the provisions...
- Section 11-47-71 Sale, etc., of lands in abandoned cemeteries by corporations, etc.; confirmation of sales by probate court
(a) Whenever such a cemetery or part thereof has been abandoned as a cemetery or place of burial for the human dead as provided for...
- Section 11-47-72 Filing, etc., of declaration as to removal of all remains from abandoned cemetery
After the removal of all human remains interred in any part or the whole of the cemetery lands abandoned as a burial place for the...
- Section 11-47-73 Payment of expenses of abandonment and removal by corporations, etc.; disposition of funds of corporation, etc., remaining thereafter
(a) Whenever any cemetery corporation or association shall have resolved upon the abandonment of any cemetery or part thereof and the removal of the human...
- Section 11-47-74 Removal of remains, etc., from cemeteries owned by churches, etc
Nothing contained in this division shall authorize or permit or be construed or deemed to authorize or permit the heirs, relatives, or friends of any...
- Article 3 Census.
- Article 4 General Police Powers.
- Section 11-47-110 Animals running at large on streets; driving livestock through streets
All cities and towns of this state shall have the power to regulate and prevent the running at large on the streets of all equine...
- Section 11-47-110.1 Certified animal control officer in Class 5 and Class 8 municipalities
(a) As used in this section, a local animal control law means a municipal ordinance or local law governing the treatment, care, well-being, or safety...
- Section 11-47-111 Prohibition of gaming and gambling houses, etc
All cities and towns of this state shall have the power to restrain and prohibit gaming and the keeping of gambling houses or tables and...
- Section 11-47-112 Promotion of temperance; suppression of intemperance and traffic in certain beverages, etc
All cities and towns of this state shall have the power to adopt ordinances not inconsistent with the laws of the state to promote temperance...
- Section 11-47-113 Prohibition of houses of prostitution
The council or other governing body of any town or city of this state may prohibit houses of prostitution and punish the inmates thereof.
- Section 11-47-114 Regulation of running, etc., of trains or automobiles within corporate limits
All towns or cities shall have the power to regulate the running of railroad trains or engines or automobiles within the corporate boundaries, and to...
- Section 11-47-115 Regulation of operation of street railroad company over tracks of another
Any street railroad company operating its railroad by steam, electric, or other power shall have the right and may be required by the council or...
- Section 11-47-116 Taking up and storing of abandoned and stolen personal property; redemption by owner; sale and disposition of proceeds
(a) All municipalities are hereby authorized to provide by ordinance for the taking up and storing of abandoned and stolen personal property found within the...
- Section 11-47-117 Abatement of nuisances, etc., generally; assessment of costs of abatement
All cities and towns of this state shall have the power to prevent injury or annoyances from anything dangerous or offensive or unwholesome and to...
- Section 11-47-118 Maintenance of civil actions to enjoin and abate public nuisances
Municipalities may maintain a civil action to enjoin and abate any public nuisance, injurious to the health, morals, comfort, or welfare of the community or...
- Article 5 Powers as to Health, Sanitation and Quarantine.
- Section 11-47-130 Maintenance of health and cleanliness generally
All cities and towns in this state shall have the power to maintain the health and cleanliness of the city or town within its limits...
- Section 11-47-131 Powers as to health, sanitation and quarantine generally
In addition to the powers granted to them by the applicable provisions of this title or any other provisions of law, all cities and towns...
- Section 11-47-132 Provision for system of compulsory vaccination, etc
All cities and towns of this state shall have the power to adopt all necessary ordinances and enforce the same to prevent the introduction or...
- Section 11-47-133 Appropriation of funds for care of certain sick and wounded persons in municipal hospitals
The board of mayor and aldermen or other governing body of cities or towns in this state may make appropriations out of the revenues of...
- Section 11-47-134 Establishment, aid, etc., of hospitals, poorhouses, etc., in counties; removal and detention of persons with contagious, etc., diseases
All cities and towns of this state shall have the power to aid, establish, set up, and regulate hospitals, poorhouses, workhouses, houses of correction, and...
- Section 11-47-135 Establishment of incinerators, etc., for disposal of garbage, etc.; hauling and disposal of garbage and trash; fees
All cities and towns of this state shall have the power to establish and maintain incinerators for the destruction of garbage and like substances or...
- Section 11-47-136 Prohibition of sale, etc., of impure, adulterated, etc., food, drink, etc.; provision for inspections; fees
All cities and towns of this state shall have the power to prohibit and prevent the gift, barter, sale, or display of impure or adulterated...
- Section 11-47-137 Regulation, etc., of markets and marketing of food products, etc
All cities and towns of this state shall have the power to establish, regulate and control markets and market houses and to require and provide...
- Section 11-47-138 Establishment, regulation, etc., of slaughterhouses and pens; regulation of sale, etc., of fresh meats, etc.; fees and charges
All cities and towns of this state shall have the power to establish, control, and regulate slaughterhouses and pens and to confine the same to...
- Section 11-47-139 Inspection of dairies, meats, etc., for other municipalities
All municipalities of this state may inspect dairies, milk, meats and other food products for other municipalities and may make contracts and agreements with such...
- Section 11-47-140 Construction, regulation, etc., of public wells, cisterns, etc.; requirement of cutting of weeds, proper setting of gutters, etc
All cities and towns of this state shall have the power to construct, repair, and regulate public wells and cisterns and to compel the screening...
- Article 6 Destruction of Public Records.
- Article 7 Acquisition of Lands, Easements, Rights-of-way, etc.
- Article 8 Liability for Negligence of Agents, etc.
- Article 9 Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities.
- Section 11-47-210 Definitions
When used in this article, unless the context plainly indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them by...
- Section 11-47-210.1 Legislative findings and declarations
The Legislature finds and declares all of the following: (1) Through this article, the Legislature has (i) granted to each municipality in the state, acting...
- Section 11-47-211 Powers of subdivisions as to acquisition or leasing of lands, buildings, etc., for projects, generally
Each subdivision in the State of Alabama may, in the manner as may be authorized or provided by law for the acquisition of lands, buildings,...
- Section 11-47-212 Exercise by subdivision with respect to projects outside corporate limits or boundaries of powers granted with respect to projects within corporate limits or boundaries
All authority heretofore or hereafter granted to a subdivision to acquire, provide, establish, finance, including the issuance of bonds, warrants, or other obligations to pay...
- Section 11-47-213 Cooperation by subdivisions in acquisition, establishment, operation, etc., of projects; powers of cooperating subdivisions
A subdivision may join and cooperate with one or more other subdivisions in acquiring, providing, establishing, financing, refinancing, operating, managing, and controlling and conducting projects,...
- Section 11-47-214 Authorization by subdivisions of organization and incorporation of authorities for acquisition, establishment, operation, etc., of projects generally; application for authority to form corporation; review of application; publication of resolution approving or denying application
(a) The governing bodies of two or more subdivisions may authorize the organization of an authority as a public corporation with powers set forth in...
- Section 11-47-215 Certificate of incorporation of authorities - Contents
The certificate of incorporation of the authority shall state: (1) The names of the persons forming the authority, together with the residence of each person,...
- Section 11-47-216 Certificate of incorporation of authorities - Form; execution and acknowledgment; filing with probate judge; recordation by probate judge; amendment
(a) Within 40 days following the adoption of the most recent authorizing resolution, the applicants shall proceed to incorporate an authority by filing for record...
- Section 11-47-217 Boards of directors of authorities
(a) Each authority shall have a board of directors composed of the number of directors provided in the certificate of incorporation, as most recently amended....
- Section 11-47-218 Powers of authorities generally; location of projects; exercise of power of eminent domain
(a) In addition to all other powers at any time conferred on it by law, and subject to any express provisions of its certificate of...
- Section 11-47-219 Authority and procedure for dissolution of authorities; vesting of title, etc., to properties thereof upon dissolution
At any time when an authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon...
- Section 11-47-220 Construction of article
Neither this article nor anything contained in this article shall be construed as a limitation or restriction upon any power which a municipality might otherwise...
- Section 11-47-221 Bonds of an authority - Execution and delivery; form and denominations; rate of interest; redemption; issuance and sale
Bonds of an authority may be executed and delivered by it at any time, shall be in the form and denominations and of the tenor...
- Section 11-47-222 Bonds of an authority - Sale and issuance of refunding bonds; maturity; limitation on principal amount; use of proceeds; effectuation of refunding by sale or exchange of bonds
(a) An authority may at any time and from time to time sell and issue its refunding bonds for the purpose of refunding the principal...
- Section 11-47-223 Bonds of an authority - Signature and seal
All bonds of an authority shall be signed in the name and behalf of the authority by its chair or vice-chair, and the seal of...
- Section 11-47-224 Bonds of an authority - Payment out of revenues; security for payment; mortgages, security interests, or assignments as security for payment
(a) Any bonds issued by an authority shall be revenue bonds and shall be payable solely out of the revenues of the authority as may...
- Section 11-47-225 Use of proceeds of borrowing; application of any portion of proceeds not needed for original purposes
(a) The principal proceeds derived from any borrowing made by an authority shall be used solely for the purpose or purposes for which the borrowing...
- Section 11-47-226 Loans, donations, performance of services, etc., by county, municipality, or other political subdivision, etc., to achieve objectives of article; funding agreements; amount of indebtedness under funding agreements
(a) For the purpose of attaining the objectives of this article, any county, municipality, or other political subdivision, or public corporation, agency, or instrumentality of...
- Section 11-47-227 Construction of bonds as negotiable instruments
Bonds issued by an authority shall be construed to be negotiable instruments although payable solely from a specified or limited source.
- Section 11-47-228 Exemption from taxation
The property and income of an authority, all bonds issued by an authority, the interest on the bonds, conveyances by or to an authority, and...
- Section 11-47-229 Exemption from state laws governing usury or prescribing or limiting interest rates
Each authority shall be exempt from the laws of the state governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of...
- Section 11-47-230 Compliance with state laws governing competitive bidding
An authority and all contracts made by it shall comply with the laws of the state requiring competitive bids for any contract to be entered...
- Section 11-47-231 Bonds as legal investments
The bonds of an authority shall be legal investments in which the state and its agencies and instrumentalities, all counties, municipalities, and other political subdivisions...
- Section 11-47-232 Authority as nonprofit corporation
An 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 11-47-233 Notice respecting issuance of bonds; limitation of actions contesting validity of bonds
Upon the adoption by the board of an authority of any resolution providing for the issuance of bonds, the authority shall cause a notice respecting...
- Section 11-47-234 Eminent domain
Neither an authority nor a participating subdivision in an authority shall have the power of eminent domain for a project under this article.
- Section 11-47-235 Effect of revenue obligations on State of Alabama; prohibition against use of state funds to retire indebtedness
Revenue obligations issued by any public authority pursuant to this article shall not create an obligation or debt of the State of Alabama, and no...
- Section 11-47-236 Application of Alabama Administrative Procedure Act to rules adopted by authorities
The Alabama Administrative Procedure Act shall apply to rules adopted by authorities created pursuant to this article.
- Section 11-47-237 Application of State Ethics Act to members of authorities
The State Ethics Act shall apply to members of authorities created pursuant to this article.
- Section 11-47-238 Relationship of article to other laws
The provisions of this article are cumulative and shall not be deemed to repeal existing laws.
- Section 11-47-239 Construction of article to effect its purpose
The provisions of this article shall be liberally construed to effect its purpose.
- Article 10 Off-Street Parking Facilities.
- Article 11 Beach Projects of Coastal Municipalities.
- Section 11-47-250 Definitions
When used in this article, the following words and terms shall have the following meanings: (1) BEACH. A sandy shoreline area abutting to the Gulf...
- Section 11-47-251 Powers of coastal municipalities
(a) Any coastal municipality may do any of the following: (1) Plan, establish, develop, construct, enlarge, improve, maintain, regulate, and protect beach projects, including, without...
- Section 11-47-252 Requirements for construction of beach project
A coastal municipality may not begin construction of a beach project until each of the following requirements have been satisfied: (1) The governing body of...
- Chapter 48 PUBLIC IMPROVEMENTS AND ASSESSMENTS GENERALLY.
- Article 1 General Provisions.
- Section 11-48-1 Short title
This article may be referred to and designated as "The Municipal Public Improvement Act."
- Section 11-48-2 Definitions
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) COUNCIL. The...
- Section 11-48-3 Applicability of provisions of article
The provisions of this article shall apply to all municipalities of this state.
- Section 11-48-4 General powers of municipalities as to public improvements
All cities or towns in this state may design or cause to be designed, contract for and execute or cause to be executed a contract...
- Section 11-48-5 Adoption of ordinance or resolution describing proposed improvement, ordering preparation of plans, specifications, etc., thereof, etc
(a) When the council of any city or town shall determine to open, widen, extend, construct, or improve any street, alley, avenue, sidewalk, highway, or...
- Section 11-48-6 Filing of plans, specifications, etc., of improvements in office of engineer for public inspection; establishment of date for hearing of objections as to improvements
Such details, drawings, plans, specifications, surveys, and estimates shall, when completed, be placed on file not later than two weeks prior to the date of...
- Section 11-48-7 Publication of ordinance or resolution; notice to certain property owners of ordinance or resolution
Said ordinance or resolution must be published once a week for two consecutive weeks in some newspaper published in said city or town, and, if...
- Section 11-48-8 Hearing upon objections as to proposed improvement; amendment, modification, rescission, etc., of ordinance or resolution; actions ratified and confirmed where prior to ordinance, resolution or hearing
(a) At the meeting, to be held as provided for as specified in Section 11-48-6, or at a place and time to which the same...
- Section 11-48-9 Costs of proposed improvements specified; payment of portion thereof by council
The council may pay out of the general funds of the city or town or any special fund that may be provided for the purpose...
- Section 11-48-10 When council to establish grade of street, alley, sidewalk, etc., to be improved
Before the passage of the final resolution or ordinance to make any improvement on any street, avenue, alley, or sidewalk, the cost of which or...
- Section 11-48-11 Notice, advertisement and letting of contract for improvements
(a) If the council shall finally order the making of the proposed improvement or improvements, notice shall be given asking for bids for such work,...
- Section 11-48-12 City or town engineer, etc., to supervise work, appointment of engineer, etc
All work done or improvements made under the provisions of this article shall be done under the supervision of the city or town engineer or...
- Section 11-48-13 Council to accept or reject work, etc., for municipality
In case of any controversy or dispute, the council shall be invested with sole and exclusive power to determine whether any improvement constructed under the...
- Section 11-48-14 Assessment of costs of improvements against property abutting or benefited by improvements authorized generally
(a) If any such improvement is finally ordered and constructed, the council shall have power and authority, after the completion and acceptance thereof, to assess...
- Section 11-48-15 Assessment against lands purchased by state at sale for nonpayment of taxes of costs of street improvements and sewers authorized; effect of redemption or sale of said lands
Any and every city or town shall have the power to assess for the cost of street improvements and sewers any lot or lots, parcel...
- Section 11-48-16 Manner of assessment of costs of improvements generally - Sewers, swamp drainage, seawalls, levees, etc
(a) When the improvement consists of a sanitary or storm water sewer or sewers or a sanitary or storm water sewer system, including sewage treatment...
- Section 11-48-16.1 Assessment of charge against landowner seeking to connect to sewer
(a) If a landowner, whose property has not previously been assessed a fee for the public improvement of sanitary sewers or the sanitary sewer system,...
- Section 11-48-17 Manner of assessment of costs of improvements generally - Improvements of intersections of streets, alleys, etc
Where the intersections of streets, avenues, alleys, or other highways are improved, the cost of improving any intersection or any part thereof may be assessed...
- Section 11-48-18 Manner of assessment of costs of improvements generally - Sidewalk improvements
In the case of sidewalk improvements, including curbing and guttering, the costs or any part thereof of the improvement of the street or avenue corner...
- Section 11-48-19 Assessment of costs of improvements against railroads
If there is a street, electric, or other railroad track or tracks on any street or highway improved or reimproved under this article, the cost...
- Section 11-48-20 Preparation, etc., of list of property owners to be assessed for improvement
When any improvement made under the provisions of this article is completed, the mayor or other chief executive officer shall cause to be prepared a...
- Section 11-48-21 Entry of list in assessment book for local improvements
Such list shall be entered in a well-bound book or loose-leaf book firmly bound, prepared for that purpose, and shall contain appropriate columns in which...
- Section 11-48-22 Delivery of assessment book to city or town clerk; publication of notice as to delivery and inspection of book, etc
After the completion of the proper entries of each improvement, said book shall be delivered to the city or town clerk, who shall thereupon give...
- Section 11-48-23 Notice of hearing upon objections, etc., to assessments
The notice provided for in Section 11-48-22 shall state that, at a time and place therein mentioned, not less than 20 days from the date...
- Section 11-48-24 Contents of notice as to assessments for improvements
The notice required by Section 11-48-22 shall also state the general character of the improvements, the terminal points thereof and the streets, avenues, alleys, or...
- Section 11-48-25 Effect and correction of defects or errors in notice
If there is any defect in said notice or proceedings before or subsequent to said notice with respect to one or more interested persons, the...
- Section 11-48-26 Filing of written objections, etc., to assessments by property owners
The owner or owners of any real estate or any interest therein which it is proposed to assess for the cost or any part thereof...
- Section 11-48-27 Hearing upon objections to assessments - Conduct generally
The council shall hear and pass upon all such objections to and protests against the proposed assessment under such reasonable rules and regulations as it...
- Section 11-48-28 Hearing upon objections to assessments - Powers of council as to subpoena of witnesses, etc
The council, by the mayor or clerk or other executive officer, may issue subpoenas for witnesses to appear before the council or any committee thereof...
- Section 11-48-29 Fixing of amount of assessments by council and effect thereof; reduction, abatement, etc., of assessments generally
(a) At such meeting or any adjourned meeting the council shall proceed by order or resolution to fix the amount of the assessment against each...
- Section 11-48-30 Reduction or abatement of assessments on property owned by government or charitable organizations in municipalities having population of 20,000 or less - Authority generally; reconveyance of property acquired through foreclosure of assessment
The council of any town or city having a population of less than 20,000 people according to the last federal census or which shall hereafter...
- Section 11-48-31 Reduction or abatement of assessments on property owned by government or charitable organizations in municipalities having population of 20,000 or less - Erroneous assessments; assessments in excess of benefits derived, etc
The council of any city having a population of 20,000 or more according to such census shall have power to reduce or abate any assessments...
- Section 11-48-32 Assignment and transfer of assessment liens
Such city or town may transfer and assign such assessment liens to the contractor or contractors who made said improvement or improvements or to any...
- Section 11-48-33 Enforcement of assessment liens in circuit court
In addition to the method hereinafter provided in this article for the collection of such assessments, the circuit court may enforce said liens, and in...
- Section 11-48-34 Effect of enforcement of tax liens upon property upon assessment liens; duration of assessment liens
(a) The enforcement by the state, county, city, or town of its lien for taxes on any lot upon which has been levied an assessment...
- Section 11-48-35 Effect of sale of property for enforcement of assessment lien upon other assessment liens upon same property
The enforcement by the municipality of its lien for an assessment levied for one improvement by the sale of the property shall not operate to...
- Section 11-48-36 Appeals to circuit court from assessments - Authorized
Any person aggrieved by the decision in making any assessment may, within 20 days thereafter, appeal to the circuit court upon executing a bond in...
- Section 11-48-37 Appeals to circuit court from assessments - Bond
The amount of such appeal bond shall be fixed and the sureties thereon shall be approved by the mayor or other chief executive officer, and...
- Section 11-48-38 Appeals to circuit court from assessments - Entry on trial docket
Said appeal shall be entered on the trial docket in said court and shall be a preferred case therein.
- Section 11-48-39 Appeals to circuit court from assessments - Transcript for appeal - Contents
Upon the filing and the approval of the appeal bond, the clerk of the city or town, upon notice thereof, shall immediately send to the...
- Section 11-48-40 Appeals to circuit court from assessments - Authorized - Prima facie evidence
Upon hearing such appeal, the introduction of such transcript and papers shall be prima facie evidence of the correctness of such assessment and that said...
- Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury trial; entry of judgment and assessment of costs generally
The civil action may be tried on the record without other pleadings, and the court shall hear all objections of the property owners to said...
- Section 11-48-42 Appeals to circuit court from assessments - Entry of judgment for amounts properly chargeable against lands where assessment defective
If, on the hearing of such appeal, it shall appear that by reason of any technical irregularity or defect in the proceedings the assessment has...
- Section 11-48-43 Appeals from judgment of circuit court - By property owner - Authorized; bonds
An appeal may be taken to the Supreme Court of Alabama by any person interested in said property from the judgment entered by the circuit...
- Section 11-48-44 Appeals from judgment of circuit court - By property owner - Conduct generally
Such appeal shall be heard upon the record in accordance with the Alabama Rules of Appellate Procedure.
- Section 11-48-45 Appeals from judgment of circuit court - By property owner - Addition of interest and damages upon affirmance of judgment for municipality
In the event a supersedeas bond has been given as provided in Section 11-48-43 and the said case is affirmed by the supreme court, it...
- Section 11-48-46 Appeals from judgment of circuit court - By municipality - Authorized; bond not required
The city or town may also appeal from any judgment of the circuit court without giving bond, and all appeals taken pursuant to this article...
- Section 11-48-47 Appeals from judgment of circuit court - By municipality - Issuance of execution and order of sale upon entry of final judgment in favor of municipality
In the event the final judgment is entered in favor of the city or town, execution may be issued thereon against the principal and sureties...
- Section 11-48-48 Payment of assessments generally
The municipality, in ordering any local improvement the cost of which or any part thereof is to be assessed against any property in accordance with...
- Section 11-48-48.1 Payment of assessments in Class 2 municipalities
Any Class 2 municipality, in ordering any local improvement the cost of which or any part thereof is to be assessed against any property in...
- Section 11-48-49 Proceedings for sale of land upon failure of owner to pay assessment, installment, or interest - Notice
If the property owner who has not elected to pay installments fails to pay his assessments within 30 days or, having elected to pay in...
- Section 11-48-50 Proceedings for sale of land upon failure of owner to pay assessment, installment or interest — Payment of assessment prior to sale
Any property owner, notwithstanding his default, may pay the assessment with interest and all costs if tendered before a sale of the property.
- Section 11-48-51 Proceedings for sale of land upon failure of owner to pay assessment, installment or interest — Costs of notice and sale charged against land, etc
The cost of such notice and sale shall constitute a charge against the property to be sold and shall be retained out of the proceeds...
- Section 11-48-52 Proceedings for sale of land upon failure of owner to pay assessment, installment or interest - Execution, etc., of deed to purchaser at sale; disposition of surplus from sale; purchase of property by municipality
The officer making such sale shall execute a deed to the purchaser, which shall convey all the right, title, and interest which the party against...
- Section 11-48-53 Proceedings for sale of land upon failure of owner to pay assessment, installment, or interest - Effect of error or defect in notice or sale
No mistake in the notice of sale in the description of the property or in the name of the owner shall vitiate the assessment or...
- Section 11-48-54 Redemption of property after sale generally
Any real property heretofore or hereafter sold for the satisfaction of a local improvement assessment lien imposed thereon by the governing body of a municipality...
- Section 11-48-55 Extension of redemption period
The fixed two year period of redemption allowed by Section 11-48-54 for the redemption of any property heretofore or hereafter sold for the satisfaction of...
- Section 11-48-56 Application for entry of certificate of warning to redeem upon record of local improvement assessment sale deed; contents of certificate
At any time after a local improvement assessment sale deed has been recorded in the office of the probate judge of the county in which...
- Section 11-48-57 Mailing of copies of deed and certificate to persons last assessed upon property described in deed by probate judge; entry of certificate on record of deed, etc
At the time of application for entry of such certificate of warning to redeem, the applicant shall deliver to the probate judge three correct copies...
- Section 11-48-58 Redemption of property during extended redemption period
Redemption may be effected after expiration of the fixed two-year period of redemption allowed or provided by Section 11-48-54 and before the extended period of...
- Section 11-48-59 Performance of duties of probate judge; liability of probate judge for errors in performance of duties
The duties imposed upon the probate judge in Sections 11-48-54 through 11-48-58 may be performed in his name and stead by any person or persons...
- Section 11-48-60 Applicability of provisions of Sections 11-48-54 through 11-48-58
Sections 11-48-54 through 11-48-58 shall not apply to unimproved real estate that has been heretofore purchased by any municipality at a municipal assessment sale and...
- Section 11-48-61 Making of temporary loans or issuance of bonds during progress of work to pay for cost of improvement
(a) For the purpose of providing funds to pay the cost of any improvement made under the provisions of this article, the governing body of...
- Section 11-48-62 Issuance of bonds after completion of work
If bonds have not been issued during the progress of the work as authorized by Section 11-48-61, the municipality may, after completion of the work,...
- Section 11-48-63 Applicability of provisions of law as to issuance of municipal bonds generally
Bonds issued under the provisions of this article shall be subject to the provisions of existing law relating to the issuance of municipal bonds.
- Section 11-48-64 Acquisition of lands, easements, etc., for public improvements
Whenever in the judgment of the municipality it may be necessary or expedient for the carrying out and full exercise of the powers granted by...
- Section 11-48-65 Article not to affect power of municipality to compel property owners to repair sidewalks, etc
Nothing in this article shall be so construed as to take from any city or town or in any manner affect the power and authority...
- Article 2 Street and Sewer Improvements Outside Corporate Limits of Certain Cities.
- Section 11-48-80 Definitions
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) STREET IMPROVEMENTS....
- Section 11-48-81 Powers of cities as to construction of public improvements, assessment of cost thereof against property benefited, etc., outside corporate limits generally; requirement as to consent of property owners, etc
(a) Each city in this state having a population of 6,000 or more inhabitants, according to the most recent federal census or any official census...
- Section 11-48-82 Issuance of general obligation bonds, etc., to pay cost of improvements
Each such city shall have the same power to issue its general obligation bonds and other general obligation securities to pay the cost of public...
- Section 11-48-83 Issuance of bonds payable solely out of proceeds from assessments to pay cost of improvements
Each such city shall also have the power to finance the construction of public improvements in the police jurisdiction of such city by the issuance...
- Article 3 Assessments for Public Improvements Against Property Owned by Tenants in Common.
- Section 11-48-100 Apportionment of assessment against property for public improvement among joint owners thereof authorized; discharge of portion of assessment lien upon payment of portion of assessment
When an assessment for public improvements is levied against a tract of land owned by tenants in common, the governing body of any municipality may,...
- Section 11-48-101 Petition of tenant in common for division of assessment among joint owners of property
When assessments are made for public improvements against property owned by tenants in common and one or more of the tenants in common to the...
- Section 11-48-102 Division of assessment among tenants in common and acceptance of payment of and discharge of lien upon proportionate shares of assessment
The governing body of any municipality may divide such assessment proportionately among the tenants in common and allow any tenant in common to pay and...
- Section 11-48-103 Notice to property owners of division of assessment
In all cases where assessments may be split or divided as authorized in this article, notice to owners of the property covered by such assessments...
- Section 11-48-104 Appeals from division of assessment
The owner of any portion of said tract of land may, after said tract and the original assessments have been divided, appeal from the resolution,...
- Section 11-48-105 Correction of description of ownership of property; reduction of assessment
The governing body of a municipality may, at any time before judgment entered in the circuit court, correct errors in the description of ownership of...
- Section 11-48-106 Effect of reduction of assessment, etc., upon assessment lien
When any assessment is split or divided or errors corrected in the description of ownerships or assessments reduced, settled, or compromised or any adjustment made...
- Chapter 49 REGULATION, CONSTRUCTION, MAINTENANCE, ETC., OF STREETS, HIGHWAYS, RAILROAD BRIDGES, FERRIES, ETC.
- Article 1 General Provisions.
- Section 11-49-1 Consent to use public streets, etc., for construction or operation of public utility or private enterprise; fees
(a) No person, firm, association, or corporation shall be authorized to use the streets, avenues, alleys, and other public places of cities or towns for...
- Section 11-49-2 Regulation of cellar openings, stairways, signs, etc., on sidewalks; regulation, construction, etc., of sidewalk repairs
Cities and towns may prohibit openings being made on the sidewalks for cellar entrances and may close the same and may prescribe plans and specifications...
- Section 11-49-3 Railroads and public utilities using streets to be required to keep streets in repair, etc
Street and other railroad companies shall be required to keep their tracks in repair, using such rails as may be prescribed, and shall maintain and...
- Section 11-49-4 Establishment of speed limits, etc., within corporate limits
Except as otherwise provided in this Code, the several cities and towns in this state shall fix by ordinance the speed at which motor vehicles...
- Section 11-49-5 Posting of sign boards as to municipal speed limits
Any city or town passing any such ordinance shall immediately post on each public highway leading into such city or town where the same enters...
- Section 11-49-6 Vacation of right-of-way fee
Prior to the exercise of the power of a municipality incorporated in this state to vacate the public right-of-way for a road, street, alley, or...
- Article 2 Establishment and Operation of Ferries on Rivers Between Two Counties.
- Article 3 Requirement of Construction and Maintenance by Railroads of Bridges, Tunnels, etc., Within Limits of Certain Cities.
- Section 11-49-40 Authorized
The city council or other governing body of each city in the State of Alabama having according to the most recent federal census a population...
- Section 11-49-41 Vacation of street where bridge, tunnel, etc., to be constructed to be provided for
No viaduct, bridge, or tunnel shall be constructed under this article unless said governing body shall have provided for a vacation of the street upon...
- Section 11-49-42 Passage, etc., of ordinance requiring construction, etc., of bridge, tunnel, etc.; apportionment of costs between railroads
Whenever any such governing body shall deem any such improvement necessary, it shall pass an ordinance requiring the construction of such improvement, describing the character...
- Section 11-49-43 Penalization of railroad, etc., for failure to comply with ordinance ordering construction, etc., of bridge, tunnel, etc
Any such governing body may penalize the failure of any such railroad company or of such railroad companies to construct within a reasonable time or...
- Section 11-49-44 Enforcement of ordinance by action in circuit court
Such governing body may also, by complaint filed in the circuit court in the county in which the city is situated, compel compliance with any...
- Section 11-49-45 Right of appeal of railroad from ordinances requiring construction, etc., of bridges, tunnels, etc., and from orders imposing penalties for failure to comply therewith
Any railroad companies so ordered by ordinance of such governing bodies to construct and maintain viaducts, bridges, and tunnels shall have the right to appeal...
- Article 4 Payment of Costs of Highways, Streets, etc., Constructed, Improved, etc., by Counties, State, or Federal Government.
- Section 11-49-60 Contract by municipality for payment of proportionate share of cost of highway, street, etc., within municipality constructed, improved, etc., by county, state, or federal government authorized; assessment of proportionate share of cost against property benefited
Whenever the United States, the State of Alabama, or any county within the State of Alabama or either of them shall establish, construct, or reconstruct,...
- Section 11-49-61 Enforcement, etc., of lien on property assessed for highway, street, etc
Such cities and towns shall have a lien on the lots or parcels of land so assessed as provided in Section 11-49-60, which lien may...
- Section 11-49-62 Issuance of bonds to pay proportionate share of cost of highway, street, etc
Any city or town proceeding under Section 11-49-60 may issue bonds of the city or town for the improvements mentioned in said section to pay...
- Section 11-49-63 Conduct of proceedings under article
The proceeding under this article shall be held and governed by the general laws of the State of Alabama relating to assessments against property for...
- Article 5 Assumption, etc., of Authority Over Streets Controlled, Maintained, etc., by Counties.
- Article 6 Vacation of Streets for Erection of Public Buildings, etc.
- Section 11-49-100 Adoption of ordinance for vacation of street and erection of public building, etc., thereon - Authorized generally
Whenever in the judgment of the council or other governing body of any town or city it is to the interest of the public convenience...
- Section 11-49-101 Adoption of ordinance for vacation of street and erection of public building, etc., thereon - Publication of notice as to introduction of ordinance and time for consideration thereof by council, etc. - Required
No ordinance vacating a portion of a street as provided by Section 11-49-100 shall be adopted until after the expiration of 30 days after its...
- Section 11-49-102 Adoption of ordinance for vacation of street and erection of public building, etc., thereon - Publication of notice as to introduction of ordinance and time for consideration thereof by council, etc. - Payment of costs thereof
The state, county, or municipality or the railroad or street railroad company or corporation for whose use as a site in whole or in part...
- Section 11-49-103 Adoption of ordinance for vacation of street and erection of public building, etc., thereon - Two-thirds vote of council, etc., required
Any ordinance for the vacation of a part of a street and erection of buildings thereon as is provided for in Section 11-49-100 shall be...
- Section 11-49-104 Portion of street to remain open to travel and traffic
A sufficiently ample portion of the highway or thoroughfare which such street in whole or in part constitutes shall remain open to accommodate the travel...
- Section 11-49-105 Property rights in vacated portion of street
The fee of such vacated portion of a street shall remain in the city or town, but the council or other governing body may grant...
- Section 11-49-106 Liability for damages for vacation of street
The party for whom the street may be vacated under this article shall be liable to the owners of property adjacent thereto in any civil...
- Chapter 49A PUBLIC TRANSPORTATION SERVICE IN CLASS 3 MUNICIPALITIES.
- Section 11-49A-1 Legislative findings and purpose
The legislature has found and determined and does hereby declare that in Class 3 municipalities the following conditions exist: (1) That the constant growth of...
- Section 11-49A-2 Definitions
The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication herein...
- Section 11-49A-3 Meaning of "herein," etc.; construction of definitions
The following provisions shall be applied wherever appropriate herein: "Herein," "hereby," "hereunder," "hereof," and other equivalent words refer to this chapter as an entirety and...
- Section 11-49A-4 Application; resolution of denial or approval by governing body
A public corporation may be organized pursuant to the provisions of this chapter in any Class 3 municipality. In order to incorporate such a public...
- Section 11-49A-5 Certificate of incorporation - Filing; contents; signing and acknowledging; additional documents; notice to Secretary of State
Within 40 days following the adoption of an authorizing resolution by the governing body the applicants shall proceed to incorporate an authority by filing for...
- Section 11-49A-6 Certificate of incorporation - Amendments; resolution; application; denial or approval of governing body; filing
The certificate of incorporation of any authority incorporated under the provisions of this chapter may at any time and from time to time be amended...
- Section 11-49A-7 Organization of authority; board of directors; election; terms; vacancies; qualifications; expenses and compensation; removal
Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its...
- Section 11-49A-8 Powers of authority
The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have...
- Section 11-49A-9 Rates for public transportation service
Rates, fees, and charges for public transportation service rendered by the authority from any of its transit systems shall be fixed and from time to...
- Section 11-49A-10 Bonds - Signature and seal; form and terms; sale; from what sources payable; trust indentures, mortgages, etc
All bonds issued by the authority shall be signed by the chairman of its board or other chief executive officer and attested by its secretary,...
- Section 11-49A-11 Bonds - Contracts as security for payment
As security for payment of the principal of and the interest on bonds issued or obligations assumed by it, the authority may enter into a...
- Section 11-49A-12 Statutory mortgage lien; creation; filing of notice
Any resolution of the board or trust indenture under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating...
- Section 11-49A-13 Use of bond proceeds
All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the...
- Section 11-49A-14 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 11-49A-15 Exemption from taxes, fees, and costs
The property and income of the authority, all bonds issued by the authority, the income from such bonds, conveyances by or to the authority, and...
- Section 11-49A-16 Exemption from additional proceedings, regulation, etc
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 11-49A-17 Use of rights-of-way
Each authority is hereby authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or...
- Section 11-49A-18 Annual budget; amendments; annual audit
Within 30 days of the beginning of the fiscal year of an authority, the board shall adopt a budget for such fiscal year. Any such...
- Section 11-49A-19 Dissolution of authority; apportionment of property
At any time when the authority has no bonds or other obligations outstanding, the board may adopt a resolution, which shall be duly entered upon...
- Section 11-49A-20 Incorporation of additional authorities in same county prohibited
The existence of an authority incorporated under the provisions of this chapter, shall prevent the subsequent incorporation hereunder of another authority in the same county.
- Chapter 49B PUBLIC TRANSPORTATION SERVICE IN CLASS I MUNICIPALITIES
- Section 11-49B-1 Declaration of purpose and legislative findings
The Legislature finds that it is estimated that by the year 2040, 40 percent of the economy of this nation, both people and jobs, will...
- Section 11-49B-2 Definitions
The words, terms, and phrases defined below shall have the following meanings: (1) APPLICANT. A natural person who files a written application with the governing...
- Section 11-49B-3 Filing of application; authorization of incorporation by governing body of authorizing county
(a) A public corporation may be organized pursuant to this chapter in any Class 1 municipality. Not less than three natural persons may incorporate a...
- Section 11-49B-4 Procedure to incorporate contents and execution of certificate of incorporation
Within 40 days after the adoption of an authorizing resolution by the last governing body to adopt an authorizing resolution if the governing bodies of...
- Section 11-49B-5 Amendments to certificate of incorporation
The certificate of incorporation of any authority incorporated under this chapter may be amended as follows: (1) A resolution adopted by the board of directors...
- Section 11-49B-6 Board of directors
(a) Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to...
- Section 11-49B-7 Powers of authority
The authority shall exercise, subject to this chapter, the following powers and duties necessary to the discharge of its powers and duties in corporate form:...
- Section 11-49B-8 Rates and charges
Rates, fees, and charges for public transportation service rendered by the authority from any of its transit systems shall be fixed and revised to provide...
- Section 11-49B-9 Bonds of authority
All bonds issued by the authority shall be signed by the chair of its board or other chief executive officer and attested by its secretary,...
- Section 11-49B-10 Contracts to secure bonds and assumed obligations
As security for payment of the principal of and the interest on bonds issued or obligations assumed by it, the authority may do the following:...
- Section 11-49B-11 Statutory mortgage lien
The resolution of the board or trust indenture that provides for the issuance of bonds may contain provisions creating a statutory mortgage lien, in favor...
- Section 11-49B-12 Proceeds from sale of bonds
All moneys derived from the sale of bonds issued by the authority shall be used solely for the purpose for which the bonds are authorized...
- Section 11-49B-13 Cooperation; aid from other public bodies
A county, municipality, or other political subdivision, public corporation, agency, or instrumentality of this state may, for the purpose of securing public transportation or aiding...
- Section 11-49B-14 Exemption from taxation
(a) The property and income of the authority, all bonds issued by the authority, the income from the bonds, conveyances by or to the authority,...
- Section 11-49B-15 Freedom of authority from Public Service Commission and other state supervision and control
(a) This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with...
- Section 11-49B-16 Use of public roads
Each authority is hereby authorized to use the rights-of-way of all public roads in the authorizing county without securing the prior approval of the state,...
- Section 11-49B-17 Annual budgets and audits required
Within 30 days of the beginning of the fiscal year of an authority, the board shall adopt a budget for the fiscal year. The budget...
- Section 11-49B-18 Civil service of merit systems not applicable
The employees of the authority shall not be subject to the provisions of any civil service or merit system or to the rules or regulations...
- Section 11-49B-19 Dissolution of authority and vesting of property
At any time when the authority has no bonds or outstanding obligations, the board may adopt a resolution, which shall be duly entered upon its...
- Section 11-49B-20 Employee protective provisions
(a) The rights, benefits, and other employee protective conditions and remedies of Section (c) of the Urban Mass Transportation Act of 1964, as amended (49...
- Section 11-49B-21 Existence of an authority prevents incorporation of another by the same county
The existence of an authority incorporated under this chapter shall prevent the subsequent incorporation under this chapter of another authority incorporated pursuant to authority granted...
- Section 11-49B-22 Taxes; exemptions; reporting credit sales; lien security; state sales tax provisions applicable; charge for collecting tax; voting
(a) The authority shall, subject to a referendum in the counties it proposes to serve, levy, in addition to all other taxes, including, but not...
- Section 11-49B-23 Repeal of conflicting laws; transfer of funds; assumption of assets and liabilities
(a) On the first day of the second month following the election as called by the county commission at which a majority of the votes...
- Chapter 49C JOINT OPERATION OF PUBLIC TRANSPORTATION, FIRE FIGHTING, LAW ENFORCEMENT, AND PUBLIC WORKS IN CLASS 8 MUNICIPALITIES.
- Chapter 50 PUBLIC UTILITIES.
- Article 1 General Provisions.
- Section 11-50-1 Establishment, purchase, etc., of waterworks, gas or electric plants by municipalities generally; contracts for furnishing of water, gas, or electricity; regulation of gas, electricity, and water rates and quality
Cities and towns shall have the right to establish, purchase, maintain, and operate waterworks or contract for a supply of wholesome water for their inhabitants;...
- Section 11-50-1.1 Acquisition of certain waterworks systems only with consent of governing board of corporation or association operating same
Municipalities are hereby prohibited from acquiring, or duplicating any services of, any waterworks system or any part thereof, operated by a corporation or association which...
- Section 11-50-2 Acquisition of power lines and rights-of-way, etc., incident thereto
(a) Cities and towns in this state are authorized to construct, lease, purchase, or otherwise acquire power lines for the transmission of electricity from any...
- Section 11-50-3 Sale of water and power to other municipalities
Any city or town in this state owning or operating a municipal water or light plant or both may contract with and sell to other...
- Section 11-50-4 Condemnation of sources of water, watersheds, rights-of-way, etc., to secure water supply
For the purpose of securing and maintaining a water supply sufficient for its inhabitants and users within contiguous areas, any municipal corporation is vested with...
- Section 11-50-5 Construction, purchase, operation, etc., of waterworks and water supply plants and systems and expenditure of municipal funds therefor
(a) Any municipality in this state may construct, purchase, operate, maintain, enlarge, extend, and improve waterworks plants and systems or any part or parts thereof,...
- Section 11-50-6 Issuance of bonds for payment for waterworks plants, etc., purchased; security for bonds; provision in purchase agreement as to disposition of revenues from plants, etc
In payment for such plants, cities or towns may issue their bonds in the manner provided by law, and the same may be secured by...
- Section 11-50-6.1 Referendum on issuing obligations to construct hydroelectric generating facility in Class 5 municipality
Should any Class 5 municipality subject to this section desire to construct a hydroelectric generating facility, said municipality is hereby authorized to call for a...
- Section 11-50-7 Provision in purchase agreement as to franchise right of purchaser at foreclosure sale
By the terms of purchase, it may be further provided that the purchaser at a foreclosure sale under such mortgage or deed of trust shall...
- Section 11-50-8 Execution of mortgages or deeds of trust as security for debts, etc., incurred in construction, acquisition, etc., of waterworks, electric lighting, or power plants, etc
All cities and towns, in order to secure the prompt and faithful payment of the principal and interest of all debts, bonds, or other evidence...
- Section 11-50-9 Terms, covenants, etc., in mortgages or deeds of trust generally
Such mortgages or deeds of trust may contain such terms, conditions, covenants, and warranties for the protection of the municipalities and holders of such bonds...
- Section 11-50-10 Provision in mortgages or deeds of trust as to franchise right, etc., of purchaser at foreclosure sale
Such mortgages or deeds of trust may provide that in the event of the foreclosure of such mortgage or deed of trust the purchaser at...
- Section 11-50-11 Provision in mortgages or deeds of trust as to disposition of revenues, etc., from plants, rates, and charges, etc
Such mortgages or deeds of trust hereby authorized may provide that during the ownership of the plant or system by the municipality, its control of...
- Section 11-50-12 Combination of electric light and power plants, etc., and waterworks plants, etc.; use of electric light and power plants, etc., and disposition of revenues therefrom
All cities and towns which own and operate an electric light plant or system or any power plant of any kind may combine such electric...
- Section 11-50-13 Transfer of waterworks, sewer, electric, and gas plants, etc., to boards organized and incorporated to own and operate same
(a) Each municipality in Alabama which now or hereafter owns a waterworks plant and system, a sewer plant and system, an electric plant and system,...
- Section 11-50-14 Agreements with boards; conditions, etc., in instruments of transfer as to control, operation, etc., of plants, etc., by boards; powers of boards as to conveyance, etc., of title to plants
(a) The governing body of such municipality is hereby authorized to enter into any agreements with such board which may be necessary or appropriate in...
- Section 11-50-15 Fees of directors
In any instance where a public corporation heretofore or hereafter organized pursuant to the provisions of Sections 11-50-231 through 11-50-238, 11-50-240 and 11-50-241, or under...
- Section 11-50-16 Employment of mayor or president of board of commissioners of certain municipalities as superintendent of light, water, sewer or gas systems, etc.; duties and compensation; validation of prior employment, etc
(a) In all incorporated municipalities organized and operating under the provisions of Articles 1, 2, and 3 of Chapter 44, of this title, which own...
- Section 11-50-17 Payment of interest by waterworks boards in Class 1 municipalities on customer security deposits
Any public water works board in a Class 1 municipality in the state shall pay interest per annum on all customer security deposits required for...
- Article 2 Acquisition of Water Supply by Foreign Municipal Corporations.
- Section 11-50-30 Acquisition, etc., by foreign municipalities of property necessary to afford adequate water supply authorized
Any city or town located in any state adjoining the State of Alabama which is duly incorporated by the laws of the state wherein such...
- Section 11-50-31 Rights and powers of domestic municipal corporations as to acquisition, maintenance, etc., of waterworks systems conferred upon foreign municipal corporations
All the rights and powers that are incident to and conferred by law upon municipal corporations of this state to purchase, hold, take, and condemn...
- Section 11-50-32 Rights and powers of foreign municipal corporations to contract with persons, municipal corporations, etc., within state for water supply
Such foreign municipal corporations, in connection with the development of a public water supply from this state, shall have the right, power, and authority to...
- Section 11-50-33 Consent of counties and municipalities required
Before the power and authority conferred by this article may be exercised, the consent of the county commission of the county in which the property...
- Section 11-50-34 Exercise of jurisdiction over territory acquired by foreign municipalities generally
Nothing in this article contained shall authorize any foreign municipality to exercise any jurisdiction over any territory acquired by it under this article, but the...
- Section 11-50-35 Exemption from levy, attachment, etc., of property of foreign municipal corporations
The property of any and all foreign municipal corporations located in this state in pursuance of the provisions of this article shall be exempt from...
- Section 11-50-36 Taxation of property acquired by foreign municipalities
The property so acquired by any foreign municipality shall be subject to taxation in this state as the property of individuals and private corporations.
- Article 3 Acquisition, Operation, etc., of Sewers or Sewer Systems by Municipalities Generally.
- Division 1 General Provisions.
- Section 11-50-50 Construction and maintenance of sewers, drains, etc., by municipalities authorized
All cities and towns may make all needful provisions for the drainage of such city or town, may construct and maintain efficient sanitary and stormwater...
- Section 11-50-51 Condemnation of easements, etc
Cities and towns may acquire, whenever necessary, the requisite rights and easements by condemnation in the manner prescribed by the Constitution and laws of Alabama...
- Section 11-50-52 Extension or alteration of sewer system, etc
Any city or town may extend or alter its sewer system and extend the mains whenever in the opinion of the city or town it...
- Section 11-50-53 Regulation, installation, etc., of drainage and sewer connections generally
All cities and towns of this state shall have the power to establish or build drains and may require private or public premises to be...
- Section 11-50-54 Regulation, installation, etc., of drainage, plumbing, sewer connections, etc
All cities and towns of this state shall have the power to prescribe the location and manner in which drainage from private premises may be...
- Section 11-50-55 Regulation, installation, etc., of privies, water closets, septic tanks, etc.; preparation and filing of statement as to installation, etc., of privies, water closets, etc
All cities and towns of this state shall have the power to regulate privies, water closets, and septic tanks and the construction thereof and to...
- Section 11-50-56 Giving of notice under provisions of division
Whenever in the exercise of any power granted under this division notice is required to be given, the mayor and aldermen or other governing body...
- Division 2 Purchase of Sanitary Sewers or Sewer Systems and Assessments Therefor.
- Section 11-50-70 "Council" defined
The term "council," as used in this division, shall mean the council, mayor and aldermen, or other governing body.
- Section 11-50-71 Authorized
All cities and towns in this state shall have authority to purchase sanitary sewers or sanitary sewer systems already constructed and draining territory within their...
- Section 11-50-72 Adoption of ordinance or resolution describing sewer system to be purchased, ordering preparation of maps, profiles, etc., thereof, etc
When the council of any city or town shall determine to purchase any sewers or sewer system under the provisions of this division, the cost...
- Section 11-50-73 Filing of maps, profiles, etc., in office of engineer for public inspection
Such maps, profiles, and information shall be placed on file in the office of the city or town engineer or other officer designated in such...
- Section 11-50-74 Execution of contract for purchase of sewers or sewer system by council; contents and terms thereof
Thereafter the council may enter into a contract with the owner or owners of said sewers or sewer system, subject to final confirmation by the...
- Section 11-50-75 Passage of ordinance or resolution providing for purchase of sewers or sewer system, assessment of cost thereof against abutting lands, date for conduct of hearing upon objections, etc., to purchase, etc
Thereupon, the council shall pass an ordinance or resolution providing for the purchase of said sewers or sewer systems, describing the boundaries of the area...
- Section 11-50-76 Publication of ordinance or resolution
The ordinance or resolution provided for in Section 11-50-75 must be published once a week for two consecutive weeks in some newspaper published in said...
- Section 11-50-77 Hearing upon objections as to proposed purchase; amendment, modification, rescission, etc., of ordinance or resolution and contract by council
At the meeting to be held as provided for as specified in Section 11-50-75 or at a place and time to which the same may...
- Section 11-50-78 Payment of portion of costs of purchase by council; costs of purchase specified
The council may pay out of the general funds of the city or town or any special funds that may be provided for the purpose...
- Section 11-50-79 Assessment of cost of sewers or sewer system against abutting lands authorized
If the purchase of said sewers or sewer system is finally ordered, the council may assess the cost of said sewers or sewer system or...
- Section 11-50-80 Preparation, etc., of list of property owners to be assessed for purchase; entry of list in assessment book for local improvements
(a) When any purchase of sewers, or sewer system made under the provisions of this division is contemplated, the mayor or other chief executive officer...
- Section 11-50-81 Delivery of assessment book to city or town clerk; publication of notice as to delivery and inspection of book, hearing upon objections to assessments, etc
After the completion of the proper entries in said book, said book shall be delivered to the city or town clerk, who shall thereupon give...
- Section 11-50-82 Effect and correction of defects or errors in notice
If there is any defect in said notice or proceedings before or subsequent to said notice with respect to one or more interested persons, the...
- Section 11-50-83 Filing of written objections, etc., to proposed assessments by property owners
The owners of any real estate or any interest therein which it is proposed to assess for the cost or any part thereof of said...
- Section 11-50-84 Hearing upon objections, etc., to assessments
The council shall hear and pass upon all objections and protests against the proposed assessment under such reasonable rules and regulations as they may adopt...
- Section 11-50-85 Fixing of amount of assessments by council and effect thereof
At such meeting or any adjourned meeting, the council shall proceed by order or resolution to fix the amount of the assessment against each lot...
- Section 11-50-86 Assignment and transfer of assessment liens
The council of each city or town may transfer and assign such assessment liens to the owner or owners of the sewer or sewers or...
- Section 11-50-87 Enforcement of assessment liens in circuit court
In addition to the method hereinafter provided in this division for the collection of such assessments, the circuit court may enforce said liens, and in...
- Section 11-50-88 Effect of enforcement of tax liens upon property upon assessment liens
The enforcement by the state, county, city, or town of its lien for taxes on any lot or parcel of land upon which has been...
- Section 11-50-89 Effect of sale of property for enforcement of assessment lien upon other assessment liens upon same property
The enforcement by the municipality of its lien for an assessment levied for one improvement by the sale of the property shall not operate to...
- Section 11-50-90 Appeals from assessments
Any person aggrieved by the decision of the council in making any assessment may appeal to the circuit court under the provisions of this Code...
- Section 11-50-91 Payment of assessments generally
The council, in purchasing any sewers or sewer system the cost of which or any part thereof is to be assessed against the area drained...
- Section 11-50-92 Proceedings for sale of land upon failure of property owner to pay assessment, installment or interest - Notice of sale; payment of assessment prior to sale; cost of notice and sale charged against land, etc
(a) If the property owner who has not elected to pay in installments fails to pay his assessment within 30 days or, having elected to...
- Section 11-50-93 Proceedings for sale of land upon failure of property owner to pay assessment, installment, or interest - Execution, etc., of deed to purchaser at sale; disposition of surplus from sale; purchase of property by municipality
The officer making such sale shall execute a deed to the purchaser, which shall convey all the right, title, and interest which the party against...
- Section 11-50-94 Proceedings for sale of land upon failure of property owner to pay assessment, installment, or interest - Effect of error or defect in notice or sale
No mistake in the notice of sale in the description of the property or in the name of the owner shall vitiate the assessment or...
- Section 11-50-95 Redemption of property after sale
Such property may be redeemed by the owner or his assigns or other person authorized to redeem property sold for taxes by the state within...
- Section 11-50-96 Issuance of bonds to pay for sewers or sewer system authorized generally
For the purpose of providing funds to pay the cost of said sewer or sewer system authorized to be purchased under the provisions of this...
- Section 11-50-97 Making of loans and issuance of bonds to pay for sewers or sewer system
The council may borrow money on the faith and credit of the city or town, executing the note of the city or town therefor and...
- Section 11-50-98 Form, terms, denominations, etc., of bonds; execution, sale, etc., thereof
The bonds authorized to be issued by this division shall be negotiable and payable to the bearer and may be payable in lawful money of...
- Section 11-50-99 Disposition of proceeds from sale of bonds
The proceeds from the sale of bonds authorized to be issued by this division shall be applied only to the payment of the cost of...
- Section 11-50-100 Payment and redemption of bonds generally
The bonds issued under this division shall be payable in from 10 years to 15 years from their date as determined by the council, but...
- Section 11-50-101 Issuance, etc., of bonds by municipalities having less than six thousand inhabitants
Any city or town having a population of less than 6,000 inhabitants may, notwithstanding the amount or character of any bonded or other indebtedness, issue...
- Section 11-50-102 Liability of municipal officials to bondholders for diversion, misappropriation, etc., of funds for payment of bonds
The official charged with the duty of collecting assessments shall be liable on his official bond to any holder of the bonds authorized to be...
- Section 11-50-103 Maintenance of account and disbursement of proceeds from assessments generally
The city or town officials charged with the duty of collecting assessments shall keep a correct account of all funds arising from such assessments and...
- Section 11-50-104 Deposit of assessment proceeds in bank; manner of withdrawal thereof
All proceeds arising from the collection of assessments levied under the provisions of this division shall, as soon as collected, be deposited and shall be...
- Section 11-50-105 Use of proceeds to redeem bonds and coupons; disposition of excess
At any time when the amount of any particular fund shall, with its accumulations, equal the amount of outstanding bonds and accrued interest entitled to...
- Section 11-50-106 Refunding of excess assessments - Authority and procedure generally
In the event the amount collected from the assessment under any ordinance authorizing the purchase of a sewer, sewers, or sewer system shall exceed the...
- Section 11-50-107 Refunding of excess assessments - Limitation period for presentation of claims; disposition of amounts not refunded
If such claims be not presented within 12 months from the date of the maturity or payment of the bonds, they shall be forever barred,...
- Section 11-50-108 Adoption of rules and regulations for operation and maintenance of sewers or sewer system purchased; charges for use of sewers or sewer system
The council of any city or town purchasing any sewer or sewers or sewer system may make reasonable rules and regulations for the operation and...
- Division 3 Charges for Services of Sewer Systems.
- Article 4 Sale, Lease, etc., of Electric, Gas or Waterworks Plants by Municipalities.
- Section 11-50-140 Definitions
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ELECTRIC LIGHT...
- Section 11-50-141 Authorized
When any city or town in this state is or may be the owner of any electric light plant, gas plant, or waterworks plant and...
- Section 11-50-142 Passage of resolution by governing body providing for sale, lease, etc
Before any sale, lease, or disposition of an electric light plant, gas plant, or waterworks plant of any city or town shall be made, the...
- Section 11-50-143 Ordering of special election for authorization of sale, lease, etc
After the passage of said resolution, the said board of aldermen or other governing body shall order a special election to be held at which...
- Section 11-50-144 Calling of election
Such election, if ordered by the resolution of the board of aldermen or other governing body of the city or town, shall be called by...
- Section 11-50-145 Notice of election
Notice of said election shall be given by advertisement published at least once a week for three consecutive weeks in one or more newspapers published...
- Section 11-50-146 Appointment of clerks, returning officers, etc., and designation of voting places
The managers, clerks, and returning officers of the election shall be appointed, and the voting places shall be designated by said board of aldermen or...
- Section 11-50-147 Qualifications for voting; provision of ballots; conduct of election generally
At the election so ordered all qualified voters under the laws of this state who are resident citizens of such city or town may vote,...
- Section 11-50-148 Form and marking of ballots
The ballots shall have plainly printed on them the words: "Shall the electric plant, or gas plant or waterworks plant (as the case may be)...
- Section 11-50-149 Disposition of ballots at conclusion of election; canvassing of returns and declaration of election results
The ballots shall be kept in a sealed box; and, at the conclusion of the election, the box shall be turned over forthwith by the...
- Section 11-50-150 Execution of sale, lease, etc., by governing body and terms thereof
If the result of such election shall be in favor of a sale, lease, or disposition of the plant, the board of aldermen or other...
- Section 11-50-151 Purchaser to assume payment of existing bonded indebtedness upon plant
If there is any bonded indebtedness existing which was incurred in the purchase or construction of such electric plant, gas plant or waterworks plant and...
- Article 5 Transfer of Water Systems Without Elections.
- Section 11-50-170 Authorized; terms; adoption of resolutions authorizing transfer
(a) Every public corporation heretofore or hereafter organized or created in this state pursuant to authorization or determination by a municipality or its governing body,...
- Section 11-50-171 Publication of notice of adoption of resolution authorizing transfer, certain terms thereof, etc.; limitation period for action to restrain proposed transfer, etc
(a) After the adoption of proceedings providing for the transfer and conveyance of any water system or systems, the public corporation and municipality or municipalities...
- Section 11-50-172 Provision by transferor for payment of outstanding bonds, mortgages, indentures, etc
If there are outstanding any bonds, mortgages, indentures, resolutions, or other obligations, including revenue bonds or other securities, payable from or secured by a pledge...
- Section 11-50-173 Execution of necessary agreements and instruments authorized
Each public corporation and municipality referred to in this article is hereby further authorized to enter into any agreements and to execute any instruments which...
- Section 11-50-174 Construction of article; exemption from jurisdiction and regulation of state Public Service Commission, etc
(a) Nothing contained in this article shall be construed to authorize any public corporation or municipality to convey any water system in such manner that...
- Article 6 Transfer of Water and Sewer Systems by Municipalities Without Elections.
- Article 7 Transfer of Gas System Without Elections.
- Article 8 Waterworks and Sewer Boards.
- Division 1 General Provisions.
- Section 11-50-230 Definitions
When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) WATER SYSTEM....
- Section 11-50-231 Application for authority to form corporation for operation of waterworks and sanitary sewer systems; adoption of resolution by municipal governing body authorizing incorporation
Whenever any number of natural persons, not less than three, shall file with the governing body of any municipality in this state an application in...
- Section 11-50-232 Certificate of incorporation - Contents; amendment
(a) The certificate of incorporation of any corporation organized under this article shall state: (1) The name of the corporation, which shall be a name...
- Section 11-50-233 Certificate of incorporation - Acknowledgment, filing, and recordation
The certificate of incorporation shall be acknowledged before an officer authorized by the laws of this state to take acknowledgment of deeds. When so acknowledged,...
- Section 11-50-234 Board of directors
(a) Each corporation formed under this division shall have a board of directors which shall constitute the governing body of the corporation, which board shall...
- Section 11-50-234.1 Meeting expense allowance for board members
The board of directors of any waterworks or sewer board heretofore or hereafter organized pursuant to the statute now codified as Sections 11-50-230 through 11-50-241,...
- Section 11-50-235 Powers of corporation generally; provisions in mortgages, deeds of trust, or pledge agreements executed by corporation as to rights of parties thereto, etc.; exemption from taxation of property and income of corporation
(a) Each corporation formed under this division shall have the following powers together with all powers incidental thereto or necessary to the discharge thereof in...
- Section 11-50-236 Execution, etc., of contracts as security for repayment of moneys borrowed
To further secure the repayment of any money borrowed by it, such corporation may enter into a contract or contracts binding itself for the proper...
- Section 11-50-237 Execution, sale, etc., of bonds and refunding bonds of corporation generally; terms, denominations, etc., thereof; charge, application, etc., of revenues from systems to payment of bonds, etc., generally; vesting of title to systems in municipality and dissolution of corporation upon payment of bonds in full
(a) All bonds issued by any corporation organized under this division shall be signed by the chairman of its board of directors or other chief...
- Section 11-50-238 Transfer of systems to corporation; powers of corporation as to conveyance, etc., of title to systems
Each municipality which may now or hereafter own a system or systems and which shall have authorized a corporation to be incorporated under the provisions...
- Section 11-50-239 Acquisition, operation, etc., of waterworks system located in another municipality; execution of contract for conveyance of system in other municipality thereto upon payment in full of indebtedness of corporation
(a) Each waterworks board now or hereafter organized under this division, in addition to all other powers conferred on it by law, is hereby further...
- Section 11-50-240 Issuance of revenue bonds for improvement and extension of waterworks plants and pledge of revenues from gas systems for payment thereof
Any waterworks board organized under the provisions of this division which has acquired or may hereafter acquire a gas plant or system pursuant to the...
- Section 11-50-241 Construction of division; jurisdiction, etc., of State Board of Health and state Public Service Commission
(a) Neither this division nor anything contained in this division shall be construed as a restriction or limitation upon any power, right, or remedy which...
- Division 2 Acquisition, Operation, etc., of Gas Plants and Systems.
- Section 11-50-260 Authorization generally
Any waterworks board now existing, in the process of organization or incorporation or hereafter created or incorporated, under the provisions of Division 1 of this...
- Section 11-50-261 Additional powers of boards as to gas plants and systems
Without limiting the powers provided for in Section 11-50-260, such waterworks board shall have the power to acquire by purchase, construction, condemnation, or any combination...
- Section 11-50-262 Borrowing of money and issuance of revenue bonds therefor; execution of mortgages, pledges, etc., as security for indebtedness; provisions in same as to rights of parties thereto, etc.; sale of gas to municipalities authorized
(a) Any waterworks board shall also have the power to borrow money and to issue revenue bonds as evidence of any money so borrowed, which...
- Section 11-50-263 Execution, etc., of contracts as security for repayment of moneys borrowed
In addition and for the further security of the lender, any waterworks board which has borrowed money under the authority of this division may enter...
- Section 11-50-264 Issuance, sale, etc., of bonds and refunding bonds of board; terms, denominations, taxation, etc., thereof; charge, application, etc., of revenues from system to payment of indebtedness; vesting of title to system in municipality upon payment of all indebtedness
(a) Any waterworks board which borrows money under the authority of this division may evidence the loan by revenue bonds in such form and of...
- Section 11-50-265 Transfer of gas plant or system to waterworks board; sale or transfer of plant or system by board to utility regulated by state Public Service Commission
(a) Every city or town now or hereafter owning and operating a municipal gas plant or distribution system and in which municipality a waterworks board...
- Section 11-50-266 Notice to owner of existing gas plant or system in territory of intention of waterworks board to operate gas plant or system therein, etc
Whenever any such waterworks board proposes to engage in the business of operating a plant or system for the manufacture of gas and the distribution...
- Section 11-50-267 Voluntary sale of existing plant or system to board by owner
If within 30 days after receipt of such notice the owner shall propose voluntarily to sell and transfer such property to the waterworks board upon...
- Section 11-50-268 Application to Public Service Commission for determination as to terms of acquisition; hearing; issuance of order by commission as to terms, conditions, etc., of acquisition
If acquisition of the property sought to be acquired by the waterworks board is not consummated under the provisions of Sections 11-50-266 and 11-50-267, the...
- Section 11-50-269 Appeal from order of commission
Any party shall have the right to appeal from the order of the Public Service Commission, such appeal to be governed by existing provisions of...
- Section 11-50-270 Completion of sale pursuant to final determination of commission or court; effect of failure of seller to tender deed, etc., or of board to accept deed, pay purchase price, etc
The owner shall have 30 days after a final determination by the Public Service Commission or the courts to notify the waterworks board of its...
- Section 11-50-271 Consolidation of gas and waterworks plants and systems
Any such waterworks board may, if it so elects, combine any waterworks plant and system owned by it with any gas plant and system owned...
- Section 11-50-272 Change of name of board upon acquisition of gas plant or system
In the event any such waterworks board shall hereafter acquire any gas plant or system pursuant to the provisions of this division, the name of...
- Section 11-50-273 Construction of division; exemption from jurisdiction and regulation of state Public Service Commission
(a) Except as otherwise provided in this division, neither this division nor anything contained in this division shall be construed as a restriction or limitation...
- Division 3 Management and Operation of Sanitary Sewer Systems as Agents of Municipalities.
- Division 4 Water Works Board Serving Counties Other Than Where Organized.
- Section 11-50-300 Applicability
Notwithstanding any other provisions of law, this division shall apply to any municipal water works board authorized to be incorporated by a municipality which, on...
- Section 11-50-301 Reorganization and composition
(a) Effective January 1, 2017, the water works board shall be reorganized and composed of the following members: (1) Two of the members shall be...
- Section 11-50-302 Terms of board members
(1) Except as otherwise provided in this division, after May 14, 2015, the term of members of the board shall be four years. (2) A...
- Section 11-50-303 Compensation; ethics requirements; rate increases; open meetings
(a) Notwithstanding any other provision of law, including Section 11-50-234.1, no member of the board may receive any compensation that exceeds one thousand dollars ($1,000)...
- Section 11-50-304 Exceptions
This division shall not apply to a municipal utilities board which operates a water works system and an electric distribution system and does not apply...
- Article 9 Boards for Operation of Water, Sewer, Gas and Electric Systems.
- Section 11-50-310 Definitions
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) WATER SYSTEM....
- Section 11-50-311 Application for authority to incorporate; adoption of resolution by municipal governing body authorizing incorporation
Whenever any number of natural persons, not less than three, shall file with the governing body of any municipality of this state an application in...
- Section 11-50-312 Acknowledgment, filing and recordation of certificate of incorporation; amendment of certificate of corporation formed under this article or under Division 1 of Article 8 of this chapter
(a) The certificate of incorporation of any corporation organized under this article shall state: (1) The name of the corporation, which shall be a name...
- Section 11-50-313 Board of directors
(a) Each corporation formed or the certificate of incorporation of which is amended under this article shall have a board of directors which shall constitute...
- Section 11-50-314 Powers of corporation generally; provisions in mortgages, deeds of trust, or pledge agreements executed by corporation as to rights of parties thereto, etc
(a) Each corporation formed or the certificate of incorporation of which is amended under this article shall have the following powers together with all powers...
- Section 11-50-315 Execution, etc., of contracts as security for repayment of moneys borrowed
To further secure the repayment of any money borrowed by it such corporation may enter into a contract or contracts binding itself for the proper...
- Section 11-50-316 Execution, sale, etc., of bonds and refunding bonds of corporation; terms, denominations, etc., thereof; charge, application, etc., of revenues from systems for payment of bonds, etc., generally; vesting of title to systems in municipality and dissolution of corporation upon payment of bonds in full, etc
(a) All bonds issued by any such corporation organized or the certificate of incorporation of which is amended under this article shall be signed by...
- Section 11-50-317 Pledge of revenues from and mortgaging of systems for payment of bonds
Any bonds issued by a corporation organized under this article for any purpose for which it is authorized by law to borrow money and issue...
- Section 11-50-318 Disposition of proceeds from sale of bonds
All moneys derived from the sale of any bonds issued by any corporation organized under this article or the articles of incorporation of which are...
- Section 11-50-319 Exemption from usury and interest statutes
Each waterworks board now or hereafter organized under the provisions of this article is hereby exempted from the laws of the State of Alabama governing...
- Section 11-50-320 Acquisition, operation, etc., of systems located in another municipality; execution of contract for conveyance of system in other municipality thereto upon payment in full of indebtedness of corporation as to such systems
(a) Each corporation organized under this article or the articles of incorporation of which are amended under this article, in addition to all other powers...
- Section 11-50-321 Consolidation of systems
Each corporation organized under this article or the articles of incorporation of which are amended under this article may, if it so elects, combine and...
- Section 11-50-322 Exemption from taxation of bonds, property, and income of corporation; other exemptions
The property and income of each corporation formed or the certificate of incorporation of which is amended under this article and all bonds issued by...
- Section 11-50-323 Construction of article; jurisdiction, etc., of State Board of Health and state Public Service Commission
Neither this article nor any provision contained in this article shall be construed as a restriction or limitation upon any power, right, or remedy which...
- Section 11-50-324 Applicability of provisions of Sections 11-50-230 through 11-50-273 and Sections 37-4-60 through 37-4-65
No corporation provided for in this article shall hereafter be organized or incorporated under the provisions of Sections 11-50-230 through 11-50-241, as amended; but corporations...
- Article 10 Boards of Water and Sewer Commissioners.
- Section 11-50-340 Definitions
As used in this article, the following words and terms shall have the following meanings unless the context shall indicate another meaning or intent: (1)...
- Section 11-50-341 Creation
(a) The council of any city may, by ordinance, create a board of water and sewer commissioners for such city. Such ordinance shall set forth:...
- Section 11-50-342 Qualifications, appointment, terms of office, compensation, and removal of members of board; oath and bond thereof; vacancies; election of officers; quorum
(a) Each board of water and sewer commissioners shall consist of three members appointed by the council. The members first appointed shall serve for terms...
- Section 11-50-343 Powers generally; publication, recordation, and authentication of resolutions of board
(a) Each board created under the provisions of this article shall be deemed to be a public agency or instrumentality exercising public and governmental functions...
- Section 11-50-344 Transfer of existing water or sewer systems to board; powers of board as to conveyance, etc., of title to systems
The council of any city which shall have theretofore created a board of water and sewer commissioners and the waterworks board of any such city...
- Section 11-50-345 Issuance of revenue bonds authorized; form, terms, denominations, etc.; execution, sale, etc.; disposition of proceeds from sale of bonds; issuance of interim receipts or temporary bonds
(a) Any board of water and sewer commissioners created under the provisions of this article is hereby authorized by resolution, at one time or from...
- Section 11-50-346 Execution of trust agreement as security for payment of revenue bonds authorized; provisions in trust agreements or resolutions for issuance of bonds generally
In the discretion of the board, any revenue bonds issued under the provisions of this article may be secured by a trust agreement by and...
- Section 11-50-347 Provisions in resolutions for issuance of revenue bonds or trust agreements securing same as payment of rates, fees, or charges for services
Any resolution providing for the issuance of revenue bonds under the provisions of this article or trust agreement securing such bonds may include any or...
- Section 11-50-348 Liability upon revenue bonds, etc.; payment of bonds and expenses
Revenue bonds issued under the provisions of this article shall not be deemed to constitute a debt of the city or a pledge of the...
- Section 11-50-349 Remedies of bondholders and trustees
Any holder of revenue bonds issued under the provisions of this article or of any of the coupons appertaining thereto and the trustee under any...
- Section 11-50-350 Revenue refunding bonds
(a) The board is hereby authorized to provide by resolution for the issuance of revenue refunding bonds of the board for the purpose of refunding...
- Section 11-50-351 Establishment, collection, etc., of rates, fees, and charges for services furnished
(a) The board is hereby authorized to fix and revise from time to time rates, fees, and other charges for the use of and for...
- Section 11-50-352 Adoption, etc., of rules and regulations as to connection of buildings to sewers
In case the board shall finance the construction of a sewage disposal system under the provisions of this article, the owner, tenant, or occupant of...
- Section 11-50-353 Moneys received under article deemed trust funds; provisions in trust agreements or resolutions for issuance of bonds as to trustees
All moneys received pursuant to the authority of this article, whether as proceeds from the sale of bonds or as revenues, shall be deemed to...
- Section 11-50-354 Exemption from taxation of systems, revenue bonds, etc
As proper water and sewer facilities are essential for the health of the inhabitants of the city, and as the exercise of the powers conferred...
- Section 11-50-355 Annual reports and audits; conflicts of interest of members, agents, or employees of board; vesting of title to systems in city and dissolution of board upon payment, etc., of bonds, etc., in full
(a) Within 60 days after the expiration of each fiscal year the board shall make an annual report of its activities for the preceding fiscal...
- Section 11-50-356 Provisions of article cumulative; issuance of revenue bonds and revenue refunding bonds
The provisions of this article shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall...
- Section 11-50-357 Article to be liberally construed
This article, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.
- Section 11-50-358 Conflicting laws
All other general or special laws or parts thereof inconsistent herewith are hereby declared to be inapplicable to the provisions of this article.
- Article 11 Operation of Sanitary Sewer Systems by Public Water Corporations.
- Article 12 Gas Districts.
- Section 11-50-390 Definitions
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) MUNICIPALITY. Any...
- Section 11-50-391 Creation
Any two or more municipalities are hereby empowered and authorized to cause to be organized and incorporated a gas district as a public corporation with...
- Section 11-50-392 Contents, acknowledgment, filing, and recordation of certificate of incorporation; procedure for amendment thereof; dissolution of district and disposition of systems, etc., upon payment of indebtedness of district in full
(a) The certificate of incorporation of any gas district incorporated under this article shall state: (1) The name of the corporation, which shall be a...
- Section 11-50-393 Board of directors - Composition; compensation; removal actions
Each district incorporated under this article shall have a board of directors of not less than three members, and the members shall elect a chairman...
- Section 11-50-394 Board of directors - Organization; officers
Promptly after their appointment, the members of the board of directors shall meet to organize. At such meeting and at the first meeting in each...
- Section 11-50-395 Board of directors - Powers generally; resolutions
(a) The board of directors shall constitute the governing body of the district. The board shall do all things necessary or convenient in acquiring, owning,...
- Section 11-50-396 Powers generally
Each district incorporated under this article shall have each and all of the following powers, together with all powers incidental thereto or necessary to the...
- Section 11-50-397 Exercise of powers of eminent domain generally
The powers of eminent domain granted and conferred upon districts incorporated under this article shall be exercised in the same manner and subject to the...
- Section 11-50-398 Acquisition, construction, operation, etc., of gas distribution systems outside territory of municipalities by which incorporated
Any such gas district may, if its certificate of incorporation shall so provide, acquire, construct, own, and operate gas distribution systems and any other facilities...
- Section 11-50-399 Acquisition of competing gas systems, etc
All districts incorporated under the provisions of this article shall have all powers and be subject to all limitations with respect to the acquisition of...
- Section 11-50-400 Use of public highway rights-of-way
Each such district is hereby authorized to use the right-of-way of public highways for construction of gas lines along the margin of said right-of-way subject...
- Section 11-50-401 Promulgation of rules and regulations as to installation, maintenance, etc., of gas fixtures, pipes, etc., served by district - Authorized
Any gas district now or hereafter organized in this state under the provisions of this article is hereby authorized and empowered to promulgate rules and...
- Section 11-50-402 Promulgation of rules and regulations as to installation, maintenance, etc., of gas fixtures, pipes, etc., served by district - Procedure
Any such rules or regulations promulgated by a gas district under the authority conferred by this article shall be incorporated in a resolution of its...
- Section 11-50-403 Rules and regulations not to supersede rules, regulations, etc., of municipalities in territory served by district; municipal rules, regulations, etc., to govern in event of conflict
No rules or regulations promulgated by a gas district pursuant to the authority conferred by this article shall supersede any valid rules, regulations, or codes...
- Section 11-50-404 Transfer of systems to district by municipalities
Each municipality in Alabama which now or hereafter owns a gas plant and system is hereby authorized to transfer and convey all or any part...
- Section 11-50-405 Bonds - Authorization for issuance; form, terms, denominations, etc.; execution and delivery; sale; refunding and exchange; issuance of interim receipts or temporary bonds
The bonds of a district incorporated under this article shall be authorized by resolution of the board of directors of the district and may be...
- Section 11-50-406 Bonds - Disposition of proceeds from sale
All moneys derived from the sale of any bonds issued by any district incorporated under this article shall be used solely for the purpose or...
- Section 11-50-407 Provisions in mortgages, deeds of trust, etc., executed as security for bonds as to rights of parties thereto, etc.; execution, etc., of contracts as security for repayment of moneys borrowed
(a) Any mortgage, deed of trust or pledge agreement made by any district incorporated under this article for the security of any of its bonds...
- Section 11-50-408 When mortgages or pledges of property or revenues and liens thereof effective; properties, persons, etc., subject thereto
Any mortgage or conveyance of property and any pledge of revenues to secure the bonds of a district incorporated under this article shall be valid...
- Section 11-50-409 Liability upon bonds, etc.; payment of bonds
The bonds and other obligations of any district incorporated under this article shall not be a debt or obligation of the State of Alabama nor...
- Section 11-50-410 Rights and remedies of bondholders and trustees
In addition to all other rights and all other remedies, any holder or holders of any bond or bonds of any district incorporated under this...
- Section 11-50-411 Disposition of net profits of district; "net income" defined; distribution of less than net income for fiscal year; availability for payment in future fiscal years
All the net income of the gas transmission system or systems, for each fiscal year, of a gas district incorporated under this article shall, unless...
- Section 11-50-412 Taxation - Exemption of property, income, bonds, etc., of district generally
All property and all income of any district incorporated under this article and any such district itself shall be exempt from all state, county, municipal...
- Section 11-50-413 Taxation - Levy and collection of privilege license tax by certain municipalities
(a) The term "taxpaying gas district" as used in this section means any gas district organized under the provisions of this article that has, during...
- Section 11-50-414 Validation of proceedings to incorporate gas districts
All acts or proceedings heretofore done or taken for the purpose of incorporating any gas district under the provisions of this article are hereby validated...
- Section 11-50-415 Exemption from usury and interest statutes
Each gas district now or hereafter organized under the provisions of this article is hereby exempted from the laws of the State of Alabama governing...
- Section 11-50-416 Purpose of article; proceedings, notices, etc., required by article for incorporation, etc., exclusive; exemption of districts from jurisdiction and regulation of state public service commission
(a) This article is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with...
- Section 11-50-417 Provisions of article exclusive
Any district incorporated under this article insofar as the subject matter of this article is concerned shall be governed exclusively by the provisions of this
- Article 13 Waterworks Utility Boards.
- Section 11-50-430 Creation; composition
Any municipality in the State of Alabama is hereby authorized within its discretion to create and establish, by ordinance, a municipal waterworks utility board for...
- Section 11-50-431 Members of board - Qualifications
No person shall be eligible for membership on said board who is not a qualified elector of such municipality or who is an officer of...
- Section 11-50-432 Members of board - Election and terms of office; vacancies
The governing body of such municipality shall elect the members of the board. Immediately upon the creation and establishment of the board, the governing body...
- Section 11-50-433 Members of board - Oath of office
Before entering upon the duties of his office, each member of the board shall take and subscribe the following oath: "I do solemnly swear that...
- Section 11-50-434 Members of board - Impeachment and removal
Members of the board may be removed from office in the manner and on the same grounds provided by the general law of this state...
- Section 11-50-435 Members of board - Compensation
Each member of the board shall receive for his services such compensation as authorized by the governing body of such municipality. The compensation to the...
- Section 11-50-436 Officers
At the first meeting of the board, the members shall elect one of their number as chairman and one of their number as secretary. Thereafter...
- Section 11-50-437 Meetings
The board shall hold regular monthly meetings on the second Tuesday of each month and other meetings at such times and places as its members...
- Section 11-50-438 Official bonds of certain officers and employees
All officers or employees of the board handling money or exercising authority over property of the municipality shall, before entering upon the discharge of their...
- Section 11-50-439 Powers and duties of board generally
The board shall have complete control of the municipal waterworks plant and waterworks system of such municipality and shall have authority to employ, upon terms...
- Section 11-50-440 Appointment of accountant, etc., to make annual examination and report of books and accounts
The board shall at least once a year appoint an expert accountant or firm of accountants who shall make an examination in detail of all...
- Section 11-50-441 Annual report to municipal governing body
Said board shall make an annual report to the governing body of the municipality, showing in detail the receipts and expenditures for its preceding fiscal...
- Section 11-50-442 Expenditures for new construction, additions, etc., to waterworks plant and system, etc
No expenditures for any new construction, additions, or replacements to the municipal waterworks plant and waterworks system or the equipment used by the same shall...
- Section 11-50-443 Maintenance and disbursement of funds of board generally
All funds of said board shall be kept separate from the other funds of the municipality and in the municipal depositories, and the same shall...
- Section 11-50-444 Disposition of moneys received from operation of waterworks plant and system
All money collected from the sale of water or received in any way from the use of the municipal waterworks plant and waterworks system shall...
- Section 11-50-445 Fixing of bonds required from depositories
Repealed by Act 2000-748, p. 1669, §3, effective January 1, 2001.
- Article 14 Gas Utility Boards.
- Section 11-50-460 Creation; composition
Any municipality in the State of Alabama is hereby authorized within its discretion to create and establish by ordinance a municipal gas utility board for...
- Section 11-50-461 Members of board - Qualifications
No person shall be eligible for membership on said board who is not a qualified elector of such municipality or who is an officer of...
- Section 11-50-462 Members of board - Election and terms of office; vacancies
The governing body of such municipality shall elect the members of the board. Immediately upon the creation and establishment of the board, the governing body...
- Section 11-50-463 Members of board - Oath of office
Before entering upon the duties of his office, each member of the board shall take and subscribe the following oath: "I do solemnly swear that...
- Section 11-50-464 Members of board - Impeachment and removal
Members of the board may be removed from office in the manner and on the same grounds provided by the general law of this state...
- Section 11-50-465 Members of board - Compensation
Each member of the board shall receive for his services such compensation as authorized by the governing body of such municipality. The compensation to the...
- Section 11-50-466 Officers
At the first meeting of the board, the members shall elect one of their number as chairman and one of their number as secretary. Thereafter...
- Section 11-50-467 Meetings
The board shall hold regular monthly meetings on the second Tuesday of each month and other meetings at such times and places as its members...
- Section 11-50-468 Official bonds of certain officers and employees
All officers or employees of the board handling money or exercising authority over property of the municipality shall, before entering upon the discharge of their...
- Section 11-50-469 Powers and duties of board generally
The board shall have complete control of the municipal gas distribution system of such municipality and shall have authority to employ, upon terms to be...
- Section 11-50-470 Appointment of accountant, etc., to make annual examination and report of books and accounts
The board shall at least once a year appoint an expert accountant or firm of accountants who shall make an examination in detail of all...
- Section 11-50-471 Annual report to municipal governing body
Said board shall make an annual report to the governing body of the municipality, showing in detail the receipts and expenditures for its preceding fiscal...
- Section 11-50-472 Expenditures for new construction, additions, etc., to gas distribution system, etc
No expenditures for any new construction, additions, or replacements to the municipal gas distribution system or the equipment used by the same shall be made...
- Section 11-50-473 Maintenance and disbursement of funds of board generally
All funds of said board shall be kept separate from the other funds of the municipality and in the municipal depositories, and the same shall...
- Section 11-50-474 Disposition of moneys received from operation of gas distribution system
All money collected from the sale of gas or received in any way from the use of municipal gas or received in any way from...
- Section 11-50-475 Fixing of bonds required from depositories
Repealed by Act 2000-748, p. 1669, §3, effective January 1, 2001.
- Article 15 Electric Utility Boards.
- Section 11-50-490 Creation
Any municipality in the State of Alabama is authorized within its discretion to create and establish, by ordinance, a municipal electric utility board for such...
- Section 11-50-491 Qualifications of members
No person shall be eligible for membership on said board who is not a qualified elector of such municipality, or who is an officer of...
- Section 11-50-492 Election of members; filling of vacancies
The governing body of such municipality shall elect the members of the board. Immediately upon the creation and establishment of the board, the governing body...
- Section 11-50-493 Oath
Before entering upon the duties of his office, each member of the board shall take and subscribe the following oath: "I do solemnly swear that...
- Section 11-50-494 Chairman; secretary
At the first meeting of the board, the members shall elect one of their number as chairman and one of their number as secretary; thereafter,...
- Section 11-50-495 Compensation
Each member of the board shall receive for his services such compensation as authorized by the governing body of such municipality. The compensation to the...
- Section 11-50-496 Meetings; record of proceedings
The board shall hold regular monthly meetings on the second Tuesday of each month and other meetings at such times and places as its members...
- Section 11-50-497 Powers and duties generally
The board shall have complete control of the municipal electric distribution system of such municipality and shall have authority to employ, upon terms to be...
- Section 11-50-498 Impeachment and removal
Members of the board may be removed from office in the manner and on the same grounds provided by the general law of this state...
- Section 11-50-499 Bonds of officers and employees
All officers or employees of the board handling money or exercising authority over property of the municipality shall, before entering upon the discharge of their...
- Section 11-50-500 Examination of books and accounts
The board shall at least once a year appoint an expert accountant or firm of accountants who shall make an examination in detail of all...
- Section 11-50-501 Annual report
Said board shall make an annual report to the governing body of the municipality, showing in detail the receipts and expenditures for its preceding fiscal...
- Section 11-50-502 Expenditures for new construction, additions, or replacements
No expenditures for any new construction, additions, or replacements to the municipal electric distribution system, or the equipment used by the same, shall be made...
- Section 11-50-503 Segregation and withdrawal of funds
All funds of said board shall be kept separate from the other funds of the municipality and in the municipal depositories, and the same shall...
- Section 11-50-504 Deposit and distribution of money received from use of electric system
All money collected from the sale of electric current or received in any way from the use of the municipal electric distribution system shall be...
- Section 11-50-505 Bond or securities of depository
Repealed by Act 2000-748, p. 1669, §3, effective January 1, 2001.
- Section 11-50-506 Effect of chapter on existing laws, etc
The authority granted municipalities under the provisions of this chapter shall not be construed so as to repeal, restrict, modify, or otherwise limit any authority...
- Article 16 District Electric Corporations.
- Chapter 50A MUNICIPAL ELECTRIC AUTHORITY.
- Section 11-50A-1 Definitions
As used in this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise: (1) AUTHORITY. Alabama Municipal Electric Authority...
- Section 11-50A-2 Legislative intent
The municipalities are now empowered to own and operate electric distribution systems to serve their citizens, inhabitants, and customers by providing them electricity for all...
- Section 11-50A-3 Purpose of authority
The purpose of the authority shall be to acquire, construct, operate, and maintain or cause to be acquired, constructed, operated, and maintained projects, and to...
- Section 11-50A-4 Application for incorporation
(a) To become a public corporation, the individuals designated as the first members of the election committee described in Section 11-50A-6(b)(1) shall, immediately before the...
- Section 11-50A-5 Issuance and recording of certificate of incorporation; no fees to be paid
When the application has been made, filed, and recorded as herein provided, the applicants shall constitute a public corporation under the name proposed in the...
- Section 11-50A-6 Board of directors; election committee; meetings; officers; compensation; recordkeeping
(a) The board of directors of the authority shall be elected by the duly designated representatives of the municipalities which are authorized and directed to...
- Section 11-50A-7 Tax exemptions; payments in lieu of taxes
All bonds, bond anticipation notes, and notes issued by the authority, the interest thereon, and the income therefrom shall be forever exempt from all taxation...
- Section 11-50A-8 Powers of the authority
In addition to other powers granted the authority by this chapter, it shall have all powers consistent with the purposes of the authority as set...
- Section 11-50A-9 Issuance of bonds; prerequisites; procedure; provisions; execution; bond resolution covenants
(a) The authority shall, prior to the adoption by the board of a resolution authorizing the issuance of any bonds, enter into one or more...
- Section 11-50A-10 Validation of bonds
Except as otherwise provided in this section, the validity of any bonds may be determined in the manner provided in Sections 11-81-220 through 11-81-227, provided...
- Section 11-50A-11 Validation of contracts
When payments required by the provisions of Section 11-50A-17 to be made by any municipality authorized to contract with the authority pursuant to Section 11-50A-17...
- Section 11-50A-12 Bond provisions; destroyed bonds; interest; cancellation; paying agents
(a) If any bond becomes mutilated or is lost, stolen, or destroyed, the authority may execute and deliver a new bond of like date of...
- Section 11-50A-13 Immunity from liability; credit not pledged
(a) Neither the members of the election committee, the members of the board nor any individual executing bonds, bond anticipation notes or notes on behalf...
- Section 11-50A-14 Right to receivership upon default
(a) In the event that the authority shall default in the payment of the principal of or interest on any of its bonds, bond anticipation...
- Section 11-50A-15 Negotiability of bonds
Bonds, bond anticipation notes and notes issued by the authority shall be construed to be, and shall have all the rights and incidents of negotiable...
- Section 11-50A-16 Bonds as legal investments
The bonds, bond anticipation notes and notes authorized in this chapter shall be securities in which all public officers and bodies of this state and...
- Section 11-50A-17 Contracts for use of projects; purchase of electric power; payment of charges; indemnity; enforcement of performance
(a) Any municipality, if authorized by resolution or ordinance of its governing body, may contract with the authority for the payment of any rates, tolls,...
- Section 11-50A-18 Revenues of authority; rates; assignment to trustee; use of revenues
(a) For the purpose of earning sufficient revenues to make possible the payment of all ownership costs of the authority relating to any project, the...
- Section 11-50A-19 Pledge of revenues
All or any part of the gross or net revenues derived from any particular project or projects, whether or not such revenues were produced by...
- Section 11-50A-20 Trust agreement
In the discretion of the authority, any issue of bonds may be secured by a trust agreement or indenture made by the authority with a...
- Section 11-50A-21 Proceeds of bonds
Proceeds of the bonds issued under authority of this chapter shall be used solely for the payment of the costs of a project or combined...
- Section 11-50A-22 Issuance of bond anticipation notes and notes
The authority shall have the power and is authorized to issue, from time to time, bond anticipation notes in anticipation of the issuance of bonds...
- Section 11-50A-23 Trust funds
All funds received by the authority pursuant to this chapter, whether as proceeds from the sale of bonds, bond anticipation notes or notes or as...
- Section 11-50A-24 Jurisdiction of actions
Any action to protect or enforce any rights under the provisions of this chapter shall be brought in the circuit court of Montgomery County, Alabama,...
- Section 11-50A-25 Public Service Commission review and regulation
The authority shall be subject to the provisions of Title 37 to the extent set out herein. The public service commission shall review all bond...
- Section 11-50A-26 Provisions of resolution, agreement, chapter, etc., as irrevocable contract with holders of bonds, notes, etc
The provisions of any bond resolution, trust agreement or indenture authorized in this chapter shall be a contract with every holder of the bonds, bond...
- Section 11-50A-27 Dissolution of authority
When all bonds, bond anticipation notes and notes issued by the authority under the provisions of this chapter shall have been paid in full or...
- Section 11-50A-28 Exemption from Alabama Sunset Law
The authority shall not be governed by the provisions of Chapter 20 of Title 41 (originally enacted as Act No. 512 of the 1976 Regular...
- Section 11-50A-29 Exemption from competitive bid laws
No contract made by or on behalf of the authority, and no contract made by a municipality pursuant to Section 11-50A-17, shall be governed by...
- Section 11-50A-30 Construction
This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
- Section 11-50A-31 Effectiveness of pledges and security interests
Any pledge or security interest created or granted by the authority shall be valid and binding from the time when the same is made; moneys...
- Section 11-50A-32 Powers declared supplementary
The provisions of this chapter shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be...
- Section 11-50A-33 Severability
In the event any portion of this chapter should be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the validity...
- Chapter 50B MUNICIPAL TELECOMMUNICATIONS SERVICES.
- Section 11-50B-1 Purpose
It is hereby declared to be the public policy of this state to encourage the development of advanced telecommunications capabilities, cable, interactive computer, and Internet...
- Section 11-50B-2 Definitions
As used in this chapter, the following terms shall have the following meanings: (1) ADVANCED TELECOMMUNICATIONS CAPABILITY. Without regard to any transmission media or technology,...
- Section 11-50B-3 Permitted activities by public providers; lease of equipment by municipal governing bodies
In addition to all other power, rights, and authority heretofore granted by law, public providers may acquire, establish, purchase, construct, maintain, enlarge, extend, lease, improve,...
- Section 11-50B-4 Municipal authority to furnish cable service; rules and regulations
Notwithstanding any other provision of this chapter, so long as a municipality has by virtue of the provisions of any franchise, jurisdiction, authority, or a...
- Section 11-50B-5 Maintenance of records; payment of capital costs, etc
Every public provider furnishing cable service or telecommunications service in the exercise of authority granted under the provisions of this chapter shall maintain books and...
- Section 11-50B-6 Allocation of costs; charge rates
A public provider furnishing cable service to subscribers in the exercise of authority granted under this chapter in areas provided cable service by private cable...
- Section 11-50B-7 Provision of cable channel to public school system, etc
Subsequent to August 1, 2000, each public provider that commences offering to the public cable service in the exercise of authority granted it hereunder shall...
- Section 11-50B-8 Meetings, hearings, etc., open to public; notice; petition; election; procedure
(a) Actions of the governing body of a public provider relating to the provision of cable service or telecommunications service by the public provider, shall...
- Section 11-50B-9 Funding
(a) In order to provide funds for payment of the costs of the acquisition, establishment, purchase, construction, maintenance, enlargement, extension, lease, or improvement of cable...
- Section 11-50B-10 Power of eminent domain
In addition to all other power, rights, privileges, and authority heretofore granted by law, in the exercise of the authority and power granted hereunder, public...
- Section 11-50B-11 Limitation on debts
No action taken pursuant to this chapter shall create or authorize the incurrence of a debt by any municipality within the meaning of any state...
- Section 11-50B-12 Construction
This chapter shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be regarded as being...
- Chapter 51 TAXATION.
- Article 1 Property Taxes.
- Division 1 General Provisions.
- Section 11-51-1 Levy and assessment of property taxes; notice of and conduct of hearing upon objections to assessments
After October 1 of each year, cities and towns may levy taxes upon property and all subjects of taxation liable therefor at a rate not...
- Section 11-51-2 When taxes due and delinquent; interest rate on delinquent taxes
After assessment, taxes shall become due on December 1 and delinquent on January 1 following, and, if assessment has been made during the month of...
- Section 11-51-3 Notice required by certain municipal tax collectors as to delinquent taxes
Tax collectors of towns and cities of less than 7,000 inhabitants who do not have a known place of business with known hours of business...
- Section 11-51-4 Submission of assessment rolls of certain cities to county commission; acceptance and adoption thereof by county commission
In cities having over 15,000 inhabitants, if the council or other governing body shall assess taxes upon property liable under the Constitution and laws of...
- Section 11-51-5 Notification of property owners where valuation by city higher than county valuation; right of property owners to contest valuation, etc
In the event the values of any property are higher than those made by the county assessor, the property owners shall be notified of the...
- Section 11-51-6 Lien for taxes
Cities and towns shall have a lien for taxes upon all property assessed for taxation which shall be superior to all other liens, except liens...
- Section 11-51-7 Effect of assessments and enforcement thereof by levy of execution upon and sale of property generally; right of redemption of owner of property sold generally
After the assessment has been corrected by the council or other governing body or board of assessors, it has the force and effect of a...
- Section 11-51-8 Garnishment for collection of taxes generally
Garnishments may be issued by judges of the district courts upon such assessments as upon judgments in such courts for the collection of such taxes,...
- Section 11-51-9 Collection of taxes due upon property assessed to unknown owner generally
When property, other than real, is assessed to an unknown owner, the taxes due may be collected by a levy of execution upon such property...
- Section 11-51-10 Demand for payment of taxes due and charge therefor
Cities and towns may provide for a personal demand of taxes due and are authorized to make a charge therefor, not exceeding $.50, to be...
- Section 11-51-11 Preparation, etc., of certified list of delinquent taxes
Within three months after taxes have become delinquent, a list shall be made out and certified by the city or town clerk describing each piece...
- Section 11-51-12 Filing of list in circuit court; entry of civil actions for assessments on trial docket; issuance, execution, and return of summons notifying owners of institution of proceedings against property generally
Such lists shall be filed with the register or clerk of the circuit court. The register or clerk shall cause to be entered on the...
- Section 11-51-13 Publication of notice of filing of tax list, etc., as to owners unknown or not found
In the case of property of an unknown owner or when the sheriff returns "not found" after 10 days as to owners for whom he...
- Section 11-51-14 Entry of judgment by circuit court; sale of property for payment of taxes, etc., generally
If no pleadings setting up a defense shall be filed by the owner of the property within 30 days after publication has been perfected or...
- Section 11-51-15 Appeal from judgment of circuit court
An appeal staying the execution of the judgment of the circuit court may be taken to the Supreme Court from any final judgment in any...
- Section 11-51-16 Sales of property for payment of taxes, etc., generally - Disposition of proceeds
All proceeds arising from sales for taxes or assessments shall be paid over by the register or clerk of the court, after deducting the costs...
- Section 11-51-17 Sales of property for payment of taxes, etc., generally - Purchase of property by municipality
The city or town may become the purchaser at such sale, and the officer making the purchase shall bid a sum sufficient to pay the...
- Section 11-51-18 Sales of property for payment of taxes, etc., generally - Rights and liabilities of purchaser of property generally
Purchasers at a municipal tax sale shall have the right of possession of the property so purchased and may enforce the same by an action...
- Section 11-51-19 Sales of property for payment of taxes, etc., generally - Title acquired by purchaser
The purchaser of property, real or personal, sold under an execution issued by the city or town clerk shall receive a title clear of all...
- Section 11-51-20 Sales of property for payment of taxes, etc., generally - Grounds for invalidity of sale; procedure when proceedings for sale not sufficient to pass title to property
The sale of property for taxes or assessments shall not be invalid on account of the manner of assessment for any other reason than that...
- Section 11-51-21 Certification to circuit court of unpaid assessments for improvements and collection thereof from proceeds of sale; effect of sales upon tax and assessment liens
If any assessment for street improvements or otherwise are due and unpaid, the amounts assessed against such property may also be certified by the city...
- Section 11-51-22 Assessments against property, etc., for escaped taxes authorized; collection thereof; reassessment of property because of informality or irregularity in assessment authorized
(a) At any time within five years after property has escaped taxation, the council or other governing body or board of assessors shall have the...
- Section 11-51-23 Redemption of property after sale - Authorization and procedure generally
Such persons as are authorized to redeem property sold at state tax sales may redeem from the purchaser at any sale for municipal taxes at...
- Section 11-51-24 Redemption of property after sale - Conveyance of property, etc., to redeemer
Upon such tender by the person offering to redeem the property and the payment thereof to the purchaser or the deposit of the sum due...
- Section 11-51-25 Redemption of property after sale - Redemption by municipality; redemption from municipality
The city or town may redeem property at any sale made by the state for taxes upon the same terms as required by law for...
- Section 11-51-26 Attachment or garnishment for collection of taxes in anticipation of nonpayment thereof
If the mayor or other chief executive officer or clerk shall have reason to believe that the city or town will likely lose taxes by...
- Section 11-51-27 Releases from taxes; settlement of claims and releases from penalties
No municipality shall have the right to release any persons from lawful taxes or burdens imposed by law, but this shall not prevent the settlement...
- Section 11-51-28 Requirement as to separation in levy, collection, and disbursement of general and special taxes; disposition of excess proceeds from special taxes
Unless otherwise provided by law or its charter, when a special tax is levied by a town or city for any purpose, the levy, collection,...
- Division 2 Optional Method for Levy and Collection of Property Taxes.
- Section 11-51-40 Adoption of ordinance providing for payment of municipal taxes upon basis of state and county assessments for preceding tax year, etc.; operation under provisions of article by certain cities
Any municipality may by ordinance provide that the tax year for such municipality shall commence on October 1 of each year and end on the...
- Section 11-51-41 When taxes due and delinquent
The municipal taxes due and payable up to September 30 succeeding the effective date of such ordinance shall be collected under and in accordance with...
- Section 11-51-42 Levy of taxes; certification and delivery to county tax assessor of copy of ordinance or resolution levying taxes
It shall be the duty of the council, board of commissioners, or other governing body of any such municipality during the month of May of...
- Section 11-51-43 County tax collectors to collect taxes
The tax collector of the counties in which such municipalities are situated shall collect all property taxes for such municipalities at the same time and...
- Section 11-51-44 Lien for taxes
Such municipalities shall have a lien from, on, and after October 1 of such municipal tax year upon each and every piece and parcel of...
- Section 11-51-45 Indication by county tax assessor on assessment list of property located in municipalities and ascertainment of value thereof
It shall be the duty of the tax assessor of each and every county in which such municipalities are situated on and after October 1...
- Section 11-51-46 Preparation, etc., of assessment forms, etc., for use by tax assessor
It shall be the duty of the Department of Revenue in preparing the form of assessment required by law to make the provisions for the...
- Section 11-51-47 Assessment book of tax assessor
The book required to be made for the county tax assessor under the provisions of law shall also show the property subject to municipal taxes...
- Section 11-51-48 Computation and entry in assessment book of amount of property tax owed by taxpayer
After the municipal taxes have been levied by the council, board of commissioners, or other governing body of such municipalities and certified to the tax...
- Section 11-51-49 Preparation and contents of certificate of assessment
The presiding officer of the county commission having jurisdiction over the tax assessments in such county and required to make certificates in regard thereto shall...
- Section 11-51-50 Procedure for collection of taxes, etc., by county tax collector generally
All laws now in force or hereafter enacted in regard to the collection of state and county taxes and procedure with reference thereto and the...
- Section 11-51-51 Preparation, contents, and effect of receipt of tax collector
Upon collection of taxes by the tax collector, he shall embrace in his receipt, required to be given as provided by law in regard to...
- Section 11-51-52 Report of tax collector; payment of taxes collected to municipal treasurers; receipt of municipal treasurers
The tax collector in making his monthly report as required to be made under the law in regard to state and county taxes shall embrace...
- Section 11-51-53 Annual settlement by tax collector and payment of balance of taxes collected
The county tax collector must each year make a final settlement under oath with the treasurers of such municipalities at the time he is required...
- Section 11-51-54 Maintenance, etc., of separate accounts and funds for general and special taxes
The county tax collector shall not be required to make or keep a separate account of any special taxes collected for any such municipalities but...
- Section 11-51-55 Crediting of tax collector with municipal taxes on assessment list and with taxes in litigation generally
The county commission shall, in discharging the duties imposed upon it under the provisions of law in regard to state and county officers, credit the...
- Section 11-51-56 Charging against tax collector of insolvent municipal taxes and taxes in litigation
Upon the allowance and credit to the county tax collector of insolvent taxes and taxes in litigation, the county commission shall in behalf of such...
- Section 11-51-57 Preparation, etc., of list of insolvents, etc
The presiding officer of the county commission shall embrace in the list of insolvent taxes allowed which he is required to furnish to the collector...
- Section 11-51-58 Collection of insolvent taxes; monthly reports, payment and settlement of same
It shall be the duty of the county tax collector to collect insolvent municipal taxes and make monthly reports, payment and settlement thereof with the...
- Section 11-51-59 Final report by tax collector as to uncollected balances of insolvent taxes and taxes in litigation; crediting of tax collector for same
At the same time the county tax collector makes final report of the uncollected balance of insolvent taxes as provided by law for state and...
- Section 11-51-60 Entry by tax collector in docket book of municipal taxes due, etc
The county tax collector shall embrace in the docket of lands made by him under the provisions of law in regard to state and county...
- Section 11-51-61 Proceedings for sale of land for payment of taxes - Decree of sale
The decree for tax sales rendered by the probate judge under the provisions of law in regard to state and county taxes shall embrace taxes...
- Section 11-51-62 Proceedings for sale of land for payment of taxes - Appeal by state from decree of sale
In case of an appeal by the state from a decree of tax sale under the provisions of law in regard to state and county...
- Section 11-51-63 Proceedings for sale of land for payment of taxes - Certificate of purchase
The county tax collector shall embrace in his certificate to a purchaser under the provisions of law in regard to state and county taxes the...
- Section 11-51-64 Proceedings for sale of land for payment of taxes - Execution of deed to purchaser
The judge of probate of the county in executing a tax deed to a purchaser under the provisions of law in regard to state and...
- Section 11-51-65 Proceedings for sale of land for payment of taxes - Rights of purchaser where tax sale invalid
An invalid tax sale shall pass to the purchaser the lien of the municipality in and to the land sold both as to taxes paid...
- Section 11-51-66 Proceedings for sale of land for payment of taxes - Duties of tax assessor as to descriptive list
The county tax assessor shall calculate and enter municipal taxes owing to such municipalities on the descriptive lists coming to him under and in accordance...
- Section 11-51-67 Proceedings for sale of land for payment of taxes - Entry in books of Department of Revenue of municipal taxes due on property; amount for which property to be sold
The Department of Revenue shall enter in the books caused to be prepared by said department under the provisions and requirements of law, in regard...
- Section 11-51-68 Proceedings for sale of land for payment of taxes - Payment of municipality when lands bid in by state sold by state
When the lands bid in by the state have been sold by the state, the Comptroller shall draw a warrant on the treasurer in favor...
- Section 11-51-69 Proceedings for sale of land for payment of taxes - Repayment of state when sale of lands bid in by state invalid and purchase money refunded
When land which has been bid in by the state at tax sales has been sold by the state and the state refunds the purchase...
- Section 11-51-70 Proceedings when tax sale cancelled
Whenever the judge of probate cancels a tax sale as to a private purchaser under and in accordance with the provisions of law in regard...
- Section 11-51-71 Disposition of redemption money when lands redeemed
The judge of probate at the time he is required to remit to the State Treasurer and to the county treasurer redemption money under the...
- Section 11-51-72 Procedure for recovery of taxes erroneously paid
Any person or his agent or the heir or personal representative of such person who owns property subject to taxation in said municipality and who,...
- Section 11-51-73 Official bonds of probate judge, county tax, assessor and county tax collector
The official bond of the judge of probate and of the county tax assessor and of the county tax collector in the counties in which...
- Section 11-51-74 Commission of tax assessors and tax collectors
Except in counties where such commissions are fixed by local or special laws, the tax assessor and tax collector shall receive such compensation as may...
- Article 2 License Taxes.
- Division 1 General Provisions.
- Section 11-51-90 Municipal business licenses; branch offices; application
(a) All municipalities shall have the following powers: (1) To license any exhibition, trade, business, vocation, occupation, or profession not prohibited by the Constitution or...
- Section 11-51-90.1 Definitions
As used in this article, the following terms shall have the following meanings: (1) BUSINESS. Any commercial or industrial activity or any enterprise, trade, profession,...
- Section 11-51-90.2 Purchase of business license; classification of taxpayers; vehicle decals; determination of gross receipts; construction with other provisions
(a) Every taxpayer required to purchase a business license under this chapter shall: (1) Purchase a business license for each location at which it does...
- Section 11-51-90.3 Limitation on imposition of business license tax on rental of residential real estate
(a) Notwithstanding anything in this chapter to the contrary, a municipality may not impose a business license tax on the rental of residential real estate...
- Section 11-51-90.4 Electronic processing and recordation of business license renewals
(a) A municipality may develop and implement an electronic process for the processing and recordation of business license renewals by business and nonprofit entities. (b)(1)...
- Section 11-51-91 Licenses for business, etc., conducted outside corporate limits of municipality
(a) Any municipality may adopt an ordinance to fix and collect licenses for any business, trade, or profession done within the police jurisdiction of the...
- Section 11-51-92 Licenses based on a flat rate, taken out after July 1; transfer of licenses
(a) In case the license of any business, trade, occupation, or profession is based on a flat rate and is taken out after July 1,...
- Section 11-51-93 Violations; penalties
(a) It shall be unlawful for any person, taxpayer, or agent of a person or taxpayer to engage in businesses or vocations in a municipality...
- Section 11-51-94 License designates place of business, etc., and authorizes conduct thereof only at place designated; change of place of business, etc.; uniformity of license tax; classification, etc., of licenses in certain cities
Any person desiring to engage in any trade, business, profession, or occupation for which a license is or may be required shall designate the place...
- Section 11-51-95 Taxpayer to be licensed for each applicable line of business
(a) Any taxpayer engaged at one location in more than one line of business falling within separate NAICS sector or sub-sectors, for which a business...
- Section 11-51-96 Lien for license taxes
On all property, both real and personal, used in any exhibition, trade, business, vocation, occupation, or profession for which a license is or may be...
- Section 11-51-97 Licensing, etc., of sales at auctions, in public places or on streets of merchandise, medicines, etc
Repealed by Act 98-271, p. 440, §3 effective July 1, 1998.
- Section 11-51-98 License tax on vending and weighing machines - Authorized generally
The governing body of each city and town within the State of Alabama is authorized and empowered to levy and collect from every person, firm,...
- Section 11-51-100 Regulation and control of vending machines on which music is played
The governing body of such city or town may regulate and control the location and use of vending machines on which music is played by...
- Section 11-51-101 Licensing, etc., of carts, wagons, carriages, etc
Any city or town shall have the power to regulate and license the use of carts, drays, wagons, coaches, omnibuses, and every description of carriages...
- Section 11-51-102 Licensing, etc., of theatres, parks, shooting galleries, etc.; closing of houses of amusement or places for sale of firearms, etc
Any city or town shall have the power to license, tax, regulate, restrain, or prohibit theatrical and other amusements, billiard and pool tables, nine or...
- Section 11-51-103 Revocation of licenses of houses of public entertainment or places where firearms, etc., kept for sale
The city or town council or other governing body shall have the right and power to revoke and cancel any and all licenses issued to...
- Section 11-51-104 Licensing and taxation, etc., of amusements, athletic games, and use of public parks, etc
The council shall have power to license and tax, permit and regulate and restrain or prohibit all kinds of amusements and all athletic games and...
- Section 11-51-105 Municipalities not to charge farmers for sale, etc., of farm products
It shall be unlawful for any municipality to charge the farmers or others engaged in the production of farm products of whatever nature any license...
- Division 2 Schedules.
- Section 11-51-120 Insurance companies - Fire and marine insurance companies
No license or privilege tax or other charge for the privilege of doing business shall be imposed by any municipal corporation upon any fire or...
- Section 11-51-121 Insurance companies - Insurance companies other than fire and marine insurance companies
(a) No license or privilege tax or other charge for the privilege of doing business shall be imposed by any municipal corporation upon any insurance...
- Section 11-51-122 Insurance companies - Provision of statement of gross premiums, etc., and payment of license tax; effect of failure to file statement or pay tax
On or before March 1 of each year, each insurance company which did any business in any municipality in this state during any part of...
- Section 11-51-123 Insurance companies - Company may engage in business in municipality upon payment or tender of tax; agents not to be subject to further privilege or occupational taxes
Upon the payment or tender of the amount named in such ordinance of any city or town, any such insurance company which is authorized to...
- Section 11-51-124 Railroads
(a) The maximum amount of privilege or license tax which the several municipalities within this state may annually assess and collect of persons operating railroads...
- Section 11-51-125 Railway sleeping car companies, etc
The maximum amount of privilege or license tax which the several municipalities within this state may annually assess and collect of persons, firms, or corporations...
- Section 11-51-126 Express companies
(a) There may be levied and collected by the several towns and cities of the state from any express company or companies for the privileges...
- Section 11-51-127 Telegraph companies
(a) There may be levied and collected by the several towns and cities in the state from any telegraph company or companies for the privilege...
- Section 11-51-128 Telephone companies
(a) The maximum amount of privilege or license tax which the several municipalities within this state may annually assess and collect of persons operating telephone...
- Section 11-51-129 Street railroads, electric, gas, and waterworks companies, etc
The maximum amount of privilege or license tax which the several municipalities within the state may annually assess and collect of persons operating electric or...
- Section 11-51-130 Banks
(a) Municipalities may levy a license in proportion to the capital, surplus and undivided profits of the bank, but not more than the following amounts,...
- Section 11-51-131 Savings and loan associations
Municipalities may levy a license on savings and loan associations in proportion to the amount paid in on nonwithdrawable shares, reserves, and undivided profits of...
- Section 11-51-132 License requirement or tax on certain real estate companies prohibited
(a) As used in this section, the terms "company," "broker," "salesperson," and "place of business" have the same definitions as in Section 34-27-2. (b) A...
- Division 3 Cumulative Remedies for Collection of License Taxes by Municipalities.
- Section 11-51-150 Petition for injunction against taxpayer upon delinquency for payment of license or excise tax
Any municipality may file in the circuit court having jurisdiction over the county in which the petitioning municipality is situated a petition to enjoin the...
- Section 11-51-151 Notice and hearings; granting of injunctive relief
Upon the filing and presentation of a petition as authorized in this division, it shall be the duty of the court to set a day...
- Section 11-51-152 Accounting as to tax due and entry of judgment
The petition need not allege the amount due, but may seek an accounting of the respondent for the amount of privilege or business license tax...
- Section 11-51-153 Dissolution of injunction; reinstatement of injunction
After judgment is entered against the respondent as provided by the terms of this division, an existing injunction shall not be dissolved until the judgment...
- Section 11-51-154 Bond to dissolve temporary injunctive relief - Execution; security; exception
(a) When the court has granted a temporary restraining order or preliminary injunction, it shall not be dissolved until the respondent has executed a bond...
- Section 11-51-155 Bond to dissolve temporary injunctive relief - Security against final judgment and costs
The surety bond, if required by Section 11-51-154, shall stand as security for any judgment and costs finally determined against the respondent, except in instances...
- Section 11-51-156 Bond to dissolve temporary injunctive relief - Forfeiture of bond and issuance of execution thereon
In the event no supersedeas bond is given on appeal or if no appeal is taken and the respondent fails to pay the judgment and...
- Section 11-51-157 Appeal from judgment of circuit court
The laws of Alabama governing appeals from money judgments entered by the circuit court shall govern and control appeals taken under this division, except the...
- Section 11-51-158 Effect of pending action upon institution of subsequent action for taxes becoming due after institution of prior action
The institution of one civil action under the provisions of this division and the pendency thereof shall not be asserted as a defense by pleading...
- Section 11-51-159 Enforcement of lien not to constitute waiver of rights as to respondent's bond
If the court should declare a lien in favor of the petitioner and against the property of the respondent, the petitioner may proceed to enforce...
- Section 11-51-160 Equitable attachment
In addition to the remedies provided in this division, the petitioner also shall be entitled to an equitable attachment in aid of its civil action...
- Section 11-51-161 Provisions of division cumulative
The remedies provided in this division shall be cumulative and shall not be construed to appeal, modify, alter, or change any other civil or criminal...
- Division 4 Collection of Certain Municipal License Taxes by State Department of Revenue.
- Division 5 Rights and Responsibilities of Municipal Taxpayers.
- Section 11-51-186 Taxpayer rights; responsibilities of municipality; abatement of penalty
(a) Rights of the taxpayer. (1) At or before the commencement of an examination of the books and records of a taxpayer, the taxing jurisdiction...
- Section 11-51-187 Examination
A taxpayer that has purchased a business license required under this chapter shall not be subject to more than one business license examination for each...
- Section 11-51-188 Due dates for licenses; discounts
(a) Except as provided in subsections (b) and (c), each municipal business license shall be due on January 1st of each year and shall be...
- Section 11-51-189 Abatements authorized
The governing body of a municipality may, in its discretion, grant an abatement to any taxpayer of all or a portion of the applicable business...
- Section 11-51-190 Recordkeeping
Consistent with Section 40-2A-7(a), taxpayers under this chapter shall keep and maintain an accurate and complete set of records, books, and other information sufficient to...
- Section 11-51-191 Determination of amounts due; preliminary and final assessments; review; appeal; refund for overpayment
(a) If the taxing jurisdiction determines that the amount of any business license tax reported on or remitted with a business license remittance form is...
- Section 11-51-192 Assessment for interest for delinquency
(a) The governing body of any municipality may elect, by the adoption of an ordinance, to assess interest on any business license tax delinquency. If...
- Section 11-51-193 List of state licensing boards; confirmation of taxpayer status prior to issuance of license; categorization of licenses
(a) The Department of Revenue shall periodically, at least annually, compose a list of all state boards and agencies that regulate the licensing of businesses...
- Section 11-51-194 Delivery license
(a)(1) Each municipality shall allow the purchase of a delivery license by any business that has no other physical presence within the municipality or its...
- Section 11-51-195 Applicability of Municipal Business License Reform Act of 2006
(a) Each municipality that levies a business license tax shall become subject to Act 2006-586 on or before January 1, 2008. Any municipality may elect...
- Section 11-51-196 Disclosure of license information
(a) It shall be unlawful for any person to print, publish, or divulge, without the written permission or approval of the taxpayer, the license form...
- Article 2A
- Article 3 Sales and Use Taxes.
- Section 11-51-200 Levy of sales tax authorized; exemption; construction
The governing body of any municipality within the State of Alabama may provide by ordinance for the levy and assessment of sales taxes, parallel to...
- Section 11-51-201 Applicability of provisions of state sales tax law; collection of tax on vehicles not sold through licensed Alabama dealer
(a) All taxes levied or assessed by any municipality pursuant to the provisions of Section 11-51-200 shall be subject to all definitions, exceptions, exemptions, proceedings,...
- Section 11-51-202 Levy of excise or use tax authorized; levy of lodgings tax authorized
(a) The governing body of any municipality within the State of Alabama may provide by ordinance for the levy and assessment of an excise tax...
- Section 11-51-203 Applicability of provisions of state excise or use tax law; collection of tax on vehicles sold by dealers not licensed in Alabama or by licensed dealers who fail to collect sales taxes; fees
(a) All taxes levied or assessed by any municipality pursuant to the provisions of Section 11-51-202 shall be subject to all definitions, exceptions, exemptions, proceedings,...
- Section 11-51-204 Adoption, etc., of rules and regulations as to ascertainment, etc., and levy of taxes
(a) The governing body of a municipality making or enforcing a levy or assessment of taxes under the provisions of this article shall from time...
- Section 11-51-205 Establishment of rate of taxes; levy and assessment of taxes in lieu of license tax under Section 11-51-90; effect of pledge of proceeds of license tax under Section 11-51-90 as to levy and assessment of taxes under article
(a) The governing body of a municipality levying or assessing taxes authorized by this article may provide by ordinance for the rate of the tax....
- Section 11-51-206 Levy of tax outside corporate limits
The council or other governing body shall have the authority to levy and assess by ordinance within the police jurisdiction of any municipality or town...
- Section 11-51-207 Collection of taxes by Department of Revenue – Generally; municipal rental tax levy
(a) The governing body of a municipality may pass an ordinance or resolution requiring the Department of Revenue to administer and collect any taxes levied...
- Section 11-51-208 Collection of taxes by Department of Revenue - Reports; costs; enabling act; rules and regulations; assessment, rates of interest
(a) Municipalities may, upon request of the municipal governing body, engage the Department of Revenue to collect and administer their municipal sales, use, rental, and...
- Section 11-51-209 Gross receipts tax
The governing body of a county or municipality that levied or administered a gross receipts tax in the nature of a sales tax, as defined...
- Section 11-51-210 Standard singular and multiple jurisdictional tax forms
(a) By December 31, 1998, the Department of Revenue shall develop and promulgate in the form of a proposed agency rule a standard multi-jurisdictional tax...
- Section 11-51-210.1 Notice of tax rates; correction of erroneously published rates; liability
No later than October 1, 2018, the Department of Revenue shall send notice to every county or municipality levying a sales, use, rental, or lodgings...
- Section 11-51-211 Quarterly sales and use tax returns
(a)(1) With respect to those municipalities and counties for which the department serves as the collecting sales tax agent from time to time, when the...
- Article 4 Ad Valorem Tax and Occupational License Fee Exemptions by Class 6 Municipalities.
- Division 1 Real Estate and Personal Property Ad Valorem Tax and Occupational License Fee.
- Section 11-51-220 Applicability; definitions
This division shall apply to all Class 6 cities as defined in Section 11-40-12. As used in this division, the term "governing body" shall mean...
- Section 11-51-221 Exemption from real estate and personal property taxes
The governing body of any city which is subject to this division may, by the adoption of a resolution or an ordinance, grant a partial...
- Section 11-51-222 Exemption from occupational license fees in Class 6 city
The governing body of any city which is subject to this division may, by the adoption of a resolution or an ordinance, exempt, from occupational...
- Section 11-51-223 Assessment and collection of privilege or license tax, etc., authorized; exception
No provision of this division shall prevent the governing body of the city from assessing and collecting a privilege or license tax or fee from...
- Division 2 Ad Valorem Tax for Educational Purposes.
- Section 11-51-240 Applicability; definitions
This division shall apply to all Class 6 municipalities as defined in Section 11-40-12, and all city boards of education located within those municipalities. As...
- Section 11-51-241 Exemption
The governing body of any Class 6 municipality, by the adoption of a resolution or an ordinance, and the board of education of the municipality...
- Chapter 52 PLANNING, ZONING AND SUBDIVISIONS.
- Article 1 General Provisions.
- Section 11-52-1 Definitions
When used in this chapter, the following words or phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) MUNICIPALITY or...
- Section 11-52-2 Adoption, amendment, execution, etc., of municipal plan and creation of municipal planning commission authorized; designations of planning commissions
(a) Any municipality is hereby authorized and empowered to make, adopt, amend, extend, add to, or carry out a municipal plan as provided in this...
- Section 11-52-3 Municipal Planning Commission - Composition; qualifications, appointment, terms of office, compensation, and removal of members; vacancies
(a) The commission shall consist of nine members: The mayor, or his or her designee, one of the administrative officials of the municipality selected by...
- Section 11-52-3.1 Municipal Planning Commission - Membership in Class 2 municipalities
In a Class 2 municipality, two additional members of the municipal planning commission created under Section 11-52-3, shall be appointed by the mayor and shall...
- Section 11-52-4 Municipal Planning Commission - Chairman and other officers; meetings; adoption of rules of procedure; maintenance of record of resolutions, transactions, etc
The commission shall elect its chairman from among the appointed members and create and fill such other of its offices as it may determine. The...
- Section 11-52-5 Municipal Planning Commission - Appointment, etc., of employees; contracts with consultants, etc.; expenditure of funds
(a) The commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to...
- Section 11-52-6 Municipal Planning Commission - Powers and duties generally
(a) In general, the commission shall have such powers as may be necessary to enable it to fulfill its functions, promote municipal planning or carry...
- Section 11-52-7 Municipal Planning Commission - Powers as to zoning
The commission shall have all powers heretofore granted by law to the zoning commission of the municipality and, from and after the creation of a...
- Section 11-52-8 Adoption, etc., of master plan for physical development of municipality by commission - Authorization and procedure generally; contents of plan
(a) It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the municipality,...
- Section 11-52-9 Adoption, etc., of master plan for physical development of municipality by commission - Conduct of surveys and studies; purpose of plan
In the preparation of such plans the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality...
- Section 11-52-10 Adoption, etc., of master plan for physical development of municipality by commission - Procedure for adoption, etc
The commission may adopt the plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan, said...
- Section 11-52-11 Proposed construction of streets, public buildings, utilities, etc., to be submitted for approval of commission after adoption of master plan; overruling of commission
Whenever the commission shall have adopted the master plan of the municipality or of one or more major sections or districts thereof, no street, square,...
- Section 11-52-12 Alternate structure for Class 3 municipality planning commission created pursuant to Section 11-52-3
(a) The governing body of any Class 3 municipality may determine by ordinance that any planning commission of the municipality created pursuant to the provisions...
- Section 11-52-13 Alternate structure for Class 5 municipality planning commission
(a) The governing body of any Class 5 municipality may determine by ordinance that any planning commission of the municipality created pursuant to the provisions...
- Section 11-52-14 Alternate structure of planning commission in Class 5 municipality having city manager, mayor commission form of government
(a) When used in this section, the words municipality, municipalities, mayor, and council shall have the meanings as provided for in Section 11-52-1. (b)(1) The...
- Section 11-52-15 Municipal planning commission
A Class 6 municipality with a council-manager form of government may provide by ordinance for the members of the municipal planning commission, upon the expiration...
- Section 11-52-16 Alternative structure for Class 6 municipality planning commission
(a) The governing body of any Class 6 municipality may determine by ordinance that the planning commission of the municipality, created under authority of Section...
- Article 2 Control of Subdivisions Generally.
- Section 11-52-30 Territorial jurisdiction; approval of maps or plats; regulations; limits on exercise of powers
(a) Except as otherwise provided herein, the territorial jurisdiction of any municipal planning commission shall include all land located in the municipality and all land...
- Section 11-52-31 Adoption, publication, and certification of subdivision regulations; contents of regulations; bond
(a) Except where the county commission is responsible for the regulation of subdivision regulations within the territorial jurisdiction of a municipal planning commission pursuant to...
- Section 11-52-32 Approval or disapproval of plat generally; legal effect of approval; powers of planning commission as to subdivision zoning; approval or disapproval of plat in certain cities
(a) Except where the development of a subdivision within the territorial jurisdiction of a municipal planning commission is regulated by the county commission pursuant to...
- Section 11-52-33 Remedies and penalty for transfer, sale, etc., of lands in subdivision prior to approval of plat
(a) Where the regulation of a subdivision development is the responsibility of the municipal planning commission, if the owner or agent of the owner of...
- Section 11-52-33.1 Applicability and regulatory authority
(a) Sections 11-52-1, 11-52-30, 11-52-31, 11-52-32, and 11-52-33 shall not affect any application for development or any subdivision filed prior to October 1, 2012. (b)...
- Section 11-52-34 Municipality not to improve, grade, etc., streets in territory for which major street plan adopted by planning commission until street accepted, etc
The municipality shall not accept, lay out, open, improve, grade, pave, curb, or light any street or lay or authorize water mains or sewers or...
- Section 11-52-35 Buildings not to be erected or building permits issued in territory for which major street plan adopted until street providing access to proposed building accepted, etc
From and after the time when a planning commission shall have adopted a major street plan of the territory within its subdivision jurisdiction or part...
- Section 11-52-36 Jurisdiction of planning commission as to subdivision plats in territory controlled under Section 11-52-31 exclusive; status of other existing platting or subdivision statutes
Repealed by Act 2012-297, §4, effective October 1, 2012.
- Article 3 Reservation of Lands in Subdivisions for Future Acquisition for Public Streets.
- Section 11-52-50 Authorized; adoption, approval, etc., of plat therefor; agreements between planning commission and landowners as to releases of claims for damages or compensation for reservations; abandonment of reservations
Any municipal planning commission is empowered, after it shall have adopted a major street plan of the territory within its subdivision jurisdiction or of any...
- Section 11-52-51 Appointment of board of appraisers, etc.; notice of and conduct of hearing upon claims for compensation for reservations; establishment of amount of compensation by board of appraisers; liability of municipality to property owners for expenses upon abandonment of reservation
In the resolution of adoption of a plat the council shall appoint a board of three appraisers and shall fix the time and place of...
- Section 11-52-52 Filing of tentative report of board of appraisers; notice of filing of report and of period for filing objections thereto; meeting of board of appraisers as to objections and transmittal of report to council; approval or disapproval of report by council; payment of compensation to property owners generally; effect of failure of council to approve report or provide for payment of compensation within 90 days
The board of appraisers shall, within 90 days after the time fixed for the filing of claims, file its tentative report with the clerk of...
- Section 11-52-53 Appeals from compensation awards
Within 20 days after the approval of any such report by the council, any person dissatisfied with the award of compensation therein contained may file...
- Section 11-52-54 Reservation not to impair use of reserved lands by owner, etc., thereof; compensation not to be paid or recovered for taking of or injury to buildings, etc., erected on lands during reservation period
The reservation of a street location as provided in Section 11-52-50 shall not be deemed to prohibit or impair in any respect the use of...
- Article 4 Zoning.
- Section 11-52-70 Establishment, etc., of business, industrial and residential districts and provision as to type, use, etc., of structures and improvements to be erected therein, etc., authorized generally
Each municipal corporation in the State of Alabama may divide the territory within its corporate limits into business, industrial and residential zones or districts and...
- Section 11-52-71 Number, shape, and area of districts; uniformity of regulations
For any or all of said purposes the local legislative body may divide the municipality into districts of such number, shape, and area as may...
- Section 11-52-72 Purposes of zoning regulations generally; considerations in establishment thereof generally
Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic...
- Section 11-52-73 Regulation and restriction of height, etc., of buildings, etc., sizes of lots, density of population, etc., authorized
For the purpose of promoting the health, safety, morals, or general welfare of the community, the legislative body of incorporated cities and towns is hereby...
- Section 11-52-75 Regulation as to housing of different classes of inhabitants in residential districts
For the promotion of the public peace, order, safety, or general welfare, such municipal corporations may, within residential districts established pursuant to this article, further...
- Section 11-52-75.1 Regulation as to housing of mentally retarded or mentally ill persons in multi-family zone
(a) It is the express intent of the Legislature to abolish and prohibit any zoning law, ordinance, or regulation which prevents or prohibits mentally retarded...
- Section 11-52-76 Municipal legislative body to provide for manner of establishment, enforcement, amendment, etc., of regulations, restrictions and district boundaries generally; adoption of ordinances for implementation of article generally
The legislative body of such municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be...
- Section 11-52-77 Procedure for adoption of ordinances authorized by article
No ordinance shall be passed by any municipal corporation under the authority of this article unless and until the municipal governing body has complied with...
- Section 11-52-78 Amendment, repeal, etc., of regulations, restrictions, district boundaries and ordinances
Such regulations, restrictions, and boundaries and ordinances passed under the authority of this article may from time to time be amended, supplemented, changed, modified, or...
- Section 11-52-79 Zoning commission
In availing itself of the powers conferred by this article, the legislative body of any incorporated city or town may appoint a commission, to be...
- Section 11-52-80 Board of adjustment - Creation; composition; qualifications, appointment, terms of office and removal of members; vacancies; adoption of rules of procedure; meetings; record of proceedings; procedure for appeals to board from decisions of administrative officials; powers of board as to appeals
(a) In availing itself of the powers conferred by this article, the legislative body of any incorporated city or town may provide for the appointment...
- Section 11-52-80.1 Board of Adjustment - Definitions; membership; reversing, affirming or modifying decisions, etc.; terms of planning commission members terminated; duties, powers, etc
(a) When used in this section, the words municipality, municipalities, and mayor shall have the meanings as provided for in Section 11-52-1. (b) The council...
- Section 11-52-81 Board of adjustment - Appeals to circuit court from final decision of board of adjustment
Any party aggrieved by any final judgment or decision of such board of zoning adjustment may within 15 days thereafter appeal therefrom to the circuit...
- Section 11-52-82 Regulations, ordinances, etc., imposing higher standards as to height, etc., of buildings, sizes of lots, etc., to govern where conflict between regulations authorized by article and other statutes, ordinances, or regulations
Wherever the regulations made under authority of this article require a greater width or size of yards or courts or other open spaces or require...
- Section 11-52-83 Remedies for construction, repair, use, etc., of buildings, lands, etc., in violation of article or ordinance, regulation, etc., adopted under authority of article
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation...
- Section 11-52-84 Article not to repeal, modify, etc., existing regulations, restrictions, district boundaries, or ordinances
Nothing contained in this article shall be held to repeal, modify, or change in any way any regulations, restrictions, boundaries, or ordinances now existing or...
- Section 11-52-85 Pre-zoning of territory proposed for annexation by municipality
(a) A municipality which exercises its authority to zone territory within its corporate limits may pre-zone territory proposed for annexation into the corporate limits of...
- Chapter 53 MINIMUM HOUSING STANDARDS AND REGULATION OF UNSAFE BUILDINGS.
- Section 11-53-1 Legislative declarations and findings of fact
It is hereby declared that insanitary and unsafe buildings, dwellings, and structures of all types and descriptions used for human habitation exist in the incorporated...
- Section 11-53-2 Enactment and enforcement of ordinances regulating use, repair, maintenance, etc., of buildings, etc., used for human habitation or occupancy, etc., authorized
The incorporated municipalities of this state are specifically authorized, in order to protect the health, safety, morals, welfare, well-being and comfort of their inhabitants and...
- Section 11-53-3 Power to enjoin or abate public nuisances not impaired by chapter
This chapter shall not be construed to impair or limit in any way the power of incorporated municipalities to enjoin or abate public nuisances within...
- Section 11-53-4 Construction of chapter
This chapter shall be liberally construed as being additional authority of incorporated municipalities to adopt ordinances relating to the establishment and enforcement of minimum standards...
- Chapter 53A DEMOLITION OF UNSAFE STRUCTURES.
- Article 1 Demolition of Unsafe Structures in Class 5 or Class 6 or Class 8 Municipalities.
- Section 11-53A-1 Removal of unsafe buildings or structures
Pursuant to the police power granted in this article, any Class 5 or Class 6 or Class 8 municipality in the State of Alabama that...
- Section 11-53A-2 Creation of housing code abatement board; notice to remedy unsafe condition; assessment of costs of removal
Any Class 5 or Class 6 or Class 8 municipality may have this article apply to the municipality by adopting an ordinance creating a municipal...
- Section 11-53A-3 Administrative hearing; order for removal of unsafe building or structure; appeal of order for removal
(a) Within the time specified in the notice, but not more than 60 days from the date notice is given, any person, firm, or corporation...
- Section 11-53A-4 Adoption of resolution fixing costs of removal of unsafe building or structure; fixing of costs to constitute special assessment and lien against property; notice and filing of resolution
Upon demolition and removal of a building or structure, the board shall make a report to the governing body of the cost. The governing body...
- Section 11-53A-5 Assessment of costs against land purchased by the state; redemptioner or purchaser to take property subject to assessment; manner of payment or collection of assessment
(a) The city shall have the power to assess the costs authorized herein against any lot, lots, parcel, or parcels of land purchased by the...
- Section 11-53A-6 Article cumulative in nature
This article shall be cumulative in its nature, and in addition to any and all power and authority which any such city may have under...
- Article 2 Demolition of Unsafe Structures in Certain Class 4 Municipalities.
- Section 11-53A-20 Applicability
This article shall apply only to a Class 4 municipality which has adopted the form of government provided in Chapter 43B of Title 11.
- Section 11-53A-21 Authority of cities to demolish unsafe buildings
The city shall have authority, after notice as provided herein, to move or demolish buildings and structures, or parts of buildings and structures, party walls,...
- Section 11-53A-22 Notice to remedy unsafe condition or to demolish structure
(a) The term "appropriate city official" as used in this article shall mean any city employee designated by the mayor as the person to exercise...
- Section 11-53A-23 Notice to require owner to abate nuisance or to request hearing
(a) The notice shall require the owner to abate the nuisance within the time stated in the notice or to request a hearing before the...
- Section 11-53A-24 Failure to comply with notice to abate
(a) If the owner fails, neglects, or refuses to comply with the notice to abate the nuisance, there shall be a public hearing before the...
- Section 11-53A-25 Fixing costs of demolition; city to obtain lien
Upon demolition of the building or structure, the appropriate city official shall make a report of the governing body of the costs thereof, and the...
- Section 11-53A-26 Authority to assess against property sold to state for nonpayment of taxes; effect of subsequent redemption or sale by state on lien
The city shall have the power to assess the costs authorized by this article against any lot or lots or parcel or parcels of land...
- Chapter 53B MUNICIPAL AUTHORITY TO REPAIR OR DEMOLISH UNSAFE STRUCTURES.
- Section 11-53B-1 Legislative findings
The Legislature finds all of the following: (1) It is estimated that within the municipalities of the state, there exist several thousand parcels of real...
- Section 11-53B-2 Demolition or repair upon finding of necessity and notice given
Upon a finding of necessity by the governing body of any incorporated municipality in the state, after giving notice as provided herein the municipality may...
- Section 11-53B-3 Notice from appropriate city official; failure to comply
(a) Whenever the appropriate city official, as defined herein, shall find that any building, structure, part of building or structure, party wall, or foundation situated...
- Section 11-53B-4 Hearing; appeal
Within 30 days from the date the notice is given, any person, firm, or corporation having an interest in the building or structure may file...
- Section 11-53B-5 Fixing of costs
Upon demolition or repair of the building or structure, the appropriate city official shall make a report to the governing body of the cost thereof,...
- Section 11-53B-6 Assessment of costs
The municipality shall have the power to assess the costs authorized herein against any lot or lots, parcel or parcels of land purchased by the...
- Section 11-53B-7 Payment of costs
The municipality, in ordering any repair or demolition the cost of which or any part thereof is to be assessed against any property in accordance...
- Section 11-53B-8 Failure to make payment
If the property owner fails to pay the assessment lien within 30 days, or having elected to make installment payments, fails to make any installment...
- Section 11-53B-9 Sale of property upon default
(a) Any property owner, notwithstanding his or her default, may pay the assessment lien with interest and all costs if tendered before a sale of...
- Section 11-53B-10 Redemption of property
(a) Any real property heretofore or hereafter sold for the satisfaction of an assessment lien imposed thereon by the governing body of a municipality may...
- Section 11-53B-11 Extension of redemption
The fixed two-year period of redemption allowed by Section 11-53B-10 for the redemption of any property heretofore or hereafter sold for the satisfaction of any...
- Section 11-53B-12 Certificate of warning to redeem
At any time after an assessment sale deed has been recorded in the office of the judge of probate of the county in which the...
- Section 11-53B-13 Application for entry of certificate
At the time of application for entry of the certificate of warning to redeem, the applicant shall deliver to the judge of probate three certified...
- Section 11-53B-14 Redemption effected
Redemption may be effected after expiration of the fixed two-year period of redemption allowed or provided by Section 11-53B-10 and before the extended period of...
- Section 11-53B-15 Emergency action
Notwithstanding any other provisions of this chapter, a municipality shall have authority to enact, and may by ordinance authorize, the appropriate city official to initiate...
- Section 11-53B-16 Assessment liens for demolition or renovation
This act shall also apply to all assessment liens for demolition or renovation of record as of July 1, 2002.
- Chapter 54 PROMOTION OF INDUSTRY, TRADE, COMMERCE AND POLLUTION CONTROL.
- Article 1 Acquisition and Development of Lands for Industrial Parks.
- Article 2 Acquisiton, etc., of Projects for Promotion of Industry, Trade, and Pollution Control Generally.
- Section 11-54-20 Definitions
Wherever used in this article, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings: (1)...
- Section 11-54-21 Legislative intent; construction of article generally
(a) It is the intent of the Legislature by the passage of this article to authorize municipalities to acquire, own, and lease and, in connection...
- Section 11-54-22 Powers of municipalities generally as to acquisition, leasing, etc., of projects for industry, trade, and pollution control
In addition to any other powers which it may now have, each municipality shall have the following powers: (1) To acquire and, in connection with...
- Section 11-54-23 Requirements as to leasing of projects
(a) Prior to the leasing of any project, the governing body must determine and find the following: (1) The amount necessary in each year to...
- Section 11-54-24 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption, etc
All bonds issued by a municipality under authority of this article shall be limited obligations of the municipality, the principal of and interest on which...
- Section 11-54-25 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 11-54-26 Bonds - Disposition of proceeds from sale
(a) The proceeds from the sale of any bonds issued under authority of this article shall be applied only for the purpose for which the...
- Section 11-54-27 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 municipality...
- Section 11-54-28 Notice to, 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 11-54-29 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 11-54-30 Municipalities not to contribute to costs of acquisition of projects or use municipal lands for projects
No municipality shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a project...
- Section 11-54-31 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 of...
- Section 11-54-32 Construction of article
Neither this article nor anything contained in this article shall be construed as a restriction or limitation upon any powers which a municipality might otherwise...
- Article 3 Acquisition, etc., of Projects for Provision of Buildings and Other Facilities for Certain National Organizations.
- Section 11-54-50 Definitions
Wherever used in this article, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings: (1)...
- Section 11-54-51 Legislative intent; construction of article generally
(a) It is the intent of the Legislature by the passage of this article to authorize municipalities to provide buildings and other facilities for lease...
- Section 11-54-52 Powers of municipalities generally as to acquisition, leasing, etc., of projects for provision of buildings and other facilities for certain national organizations
In addition to any other powers which it may now have, each municipality shall have the following powers: (1) To acquire, whether by construction, purchase,...
- Section 11-54-53 Requirements as to leasing of projects
(a) Prior to the leasing of any project, the governing body must determine and find the following: (1) The amount necessary in each year to...
- Section 11-54-54 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption, etc
All bonds issued by a municipality under authority of this article shall be limited obligations of the municipality, the principal of and interest on which...
- Section 11-54-55 Bonds - Security for payment of principal and interest
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 11-54-56 Bonds - Disposition of proceeds from sale
(a) The proceeds derived from the sale of any bonds issued under authority of this article, other than refunding bonds, shall be used only to...
- Section 11-54-57 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 municipality...
- Section 11-54-58 Notice to, 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 11-54-59 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 11-54-60 Municipalities not to contribute to costs of acquisition of projects or use municipal lands for projects
No municipality shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a project...
- Section 11-54-61 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 of...
- Section 11-54-62 Construction of article
Neither this article nor anything contained in this article shall be construed as a restriction or limitation upon any powers which a municipality might otherwise...
- Article 4 Industrial Development Boards.
- Division 1 General Provisions.
- Section 11-54-80 Definitions
Wherever used in this division, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings: (1)...
- Section 11-54-81 Legislative intent; construction of division generally
(a) It is the intent of the Legislature by the passage of this division to authorize the incorporation in the several municipalities in this state...
- Section 11-54-82 Application for authority to incorporate industrial development board; adoption of resolution by governing body authorizing incorporation; execution, acknowledgment, and filing of certificate of incorporation generally
Whenever any number of natural persons, not less than three, each of whom shall be a duly qualified elector of and taxpayer in the municipality,...
- Section 11-54-83 Certificate of incorporation - Contents; execution and acknowledgment
(a) The certificate of incorporation shall set forth: (1) The names and residences of the applicants together with a recital that each of them is...
- Section 11-54-84 Certificate of incorporation - Filing with probate judge; examination, approval, and recordation by probate judge
When executed and acknowledged in conformity with Section 11-54-83, the certificate of incorporation shall be filed with the judge of probate of any county in...
- Section 11-54-85 Certificate of incorporation - Amendment
The certificate of incorporation may at any time and from time to time be amended so as to make any changes therein and add any...
- Section 11-54-86 Board of directors
The industrial development board shall have a board of directors in which all powers of the board shall be vested and which shall consist of...
- Section 11-54-87 Powers of boards generally; location and operation of projects of boards generally; meetings of board of directors
(a) The industrial development board shall have the following powers together with all powers incidental thereto or necessary for the performance of those stated in...
- Section 11-54-88 Additional powers as to pollution control facilities
(a)(1) In addition to all other powers at any time conferred on them by law, each industrial development board shall have the following powers: a....
- Section 11-54-89 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption, etc.; refunding of bonds
All bonds issued by the industrial development board shall be payable solely out of the revenues and receipts derived from the leasing or sale by...
- Section 11-54-90 Bonds - Security for payment of principal and interest; remedies upon default
The principal of and interest on any bonds issued by the industrial development board shall be secured by a pledge of the revenues and receipts...
- Section 11-54-91 Borrowing of money for temporary use and issuance of temporary revenue bonds as evidence thereof
(a) Any industrial development board organized under the provisions of this division, as amended, may, in addition to the other powers granted in the other...
- Section 11-54-92 Liability of municipalities upon bonds, agreements, obligations, etc., of boards
The municipality shall not in any event be liable for the payment of the principal of or interest on any bonds of the industrial development...
- Section 11-54-93 Disposition of net earnings of boards
The industrial development board shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall enure to...
- Section 11-54-94 Authority and procedure for dissolution of boards; vesting of title to funds and properties thereof in municipalities upon dissolution
Whenever the board of directors of the industrial development board shall by resolution determine that the purposes for which the board was formed have been...
- Section 11-54-95 Documents of boards may be filed for record without payment of taxes or certain fees
The certificate of incorporation of the industrial development board, any deeds or other documents whereby properties are conveyed to the board, any mortgages or deeds...
- Section 11-54-96 Exemptions of boards - Taxation
The industrial development board and all properties at any time owned by it and the income therefrom and all bonds issued by it and the...
- Section 11-54-96.1 Ad valorem taxes required of hotels, etc., built under Section 11-54-80
All hotels and motor inns built under Section 11-54-80 shall not be exempt from ad valorem taxes.
- Section 11-54-97 Exemption of boards - Usury and interest laws
Each industrial development board now or hereafter organized under the provisions of this division is hereby exempted from the laws of the State of Alabama...
- Section 11-54-98 Exemption of boards - Competitive bid laws
The industrial development board and all contracts made by it shall be exempt from the provisions and requirements of Sections 41-16-50 through 41-16-63, which provide...
- Section 11-54-99 Validation of attempted incorporation of certain industrial development boards
In all cases where there has heretofore been an attempt to incorporate a municipal industrial development board under the provisions of this article and a...
- Section 11-54-100 Construction of division
(a) Neither this division nor anything contained in this division shall be construed as a restriction or limitation upon any powers which the industrial development...
- Section 11-54-101 Powers cumulative; administrative fees
(a) The powers conferred by this division shall be cumulative of and in addition to all powers heretofore conferred on industrial development boards by the...
- Division 2 Ancillary Facilities.
- Division 3 Endowment Trust Funds.
- Section 11-54-125 Definitions
As used in this division, the following terms shall have the following meanings: (1) AUTHORIZING RESOLUTION. A resolution adopted by the directors and authorizing the...
- Section 11-54-126 Legislative findings and intent
(a) The Legislature hereby finds and declares all of the following: (1) That industrial development boards have been, and may hereafter be, organized, under the...
- Section 11-54-127 Additional powers of boards
(a) In addition to all other powers conferred on it by law, and subject to any express provisions of its certificate of incorporation to the...
- Section 11-54-128 Authorizing resolution
(a) In order to provide for the establishment of an endowment trust fund, the directors shall adopt an authorizing resolution authorizing the execution and delivery,...
- Section 11-54-129 Use of assets
(a) Subject to succeeding provisions hereof with respect to the investment of moneys held in and forming a part of an endowment trust fund, and...
- Section 11-54-130 Investment committee
(a) There shall be, with respect to an endowment trust fund, one investment committee consisting of the following: (1) Not less than two members of...
- Section 11-54-131 Investment of moneys; duties of fund manager
(a) Moneys held in and forming a part of an endowment trust fund, including, without limitation, proceeds of investments held in and forming a part...
- Section 11-54-132 Trust agreement
Each trust agreement shall obligate each trustee bank that is a party to the agreement to accept custody of contributions to the endowment trust fund...
- Section 11-54-133 Termination or dissolution of fund
Upon the termination or dissolution of an endowment trust fund, all properties held in and forming a part of such fund, whether real or personal,...
- Section 11-54-134 Liability
No member of an investment committee shall in any way be personally liable for any liability, loss, or expense suffered by the endowment trust fund...
- Section 11-54-135 Powers cumulative
The powers conferred by this division shall be cumulative of and in addition to all powers heretofore conferred on industrial development boards by the industrial...
- Article 5 Acquisition, etc., of Projects for Promotion of Hotel Services and Other Businesses Generally in Certain Municipalities.
- Section 11-54-140 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, shall...
- Section 11-54-141 Legislative intent; liberal construction
It is the intent of the Legislature by the passage of this article to authorize municipalities to acquire, own, and lease projects for the purpose...
- Section 11-54-142 Additional powers conferred on municipalities
In addition to any other powers which it may now have, each municipality shall have the following powers: (1) To acquire, whether by construction, purchase,...
- Section 11-54-143 Bonds issued to finance projects
All bonds issued by a municipality under authority of this article shall be limited obligations of the municipality the principal of and interest on which...
- Section 11-54-144 Security for bonds
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 11-54-145 Requirements respecting leases
Prior to the leasing of any project, the governing body must determine and find the following: The amount necessary in each year to pay the...
- Section 11-54-146 Refunding bonds
Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by a municipality by the...
- Section 11-54-147 Use of proceeds from sale of bonds; cost of acquiring project
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 11-54-148 No contribution by municipality
No municipality shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a project,...
- Section 11-54-149 Bonds made legal investments
Bonds issued under the provisions of this article shall be legal investments for saving banks and insurance companies organized under the laws of the state.
- Section 11-54-150 Exemption from taxation
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 11-54-151 Construction of article
Neither this article nor anything herein contained shall be construed as a restriction or limitation upon any powers which a municipality might otherwise have under...
- Section 11-54-152 No notice or publication required
No notice to or consent or approval by any governmental body or public officer shall be required by a prerequisite to the sale or issuance...
- Section 11-54-153 Exemption from requirements of Sections 41-16-50 through 41-16-63
Any municipality when acting pursuant to the authority of this article, and all contracts entered into incident to any project acquired, constructed, or financed under...
- Article 6 Commercial Development Authorities.
- Section 11-54-170 Legislative intent; liberal construction
It is the intent of the Legislature by the passage of this article to authorize the incorporation in any municipality of commercial development authorities to...
- Section 11-54-171 Definitions
The following words and phrases used in this article shall, in the absence of clear implication otherwise, be given the following interpretations: (1) APPLICANT. A...
- Section 11-54-172 Meaning of "herein," etc.; construction of definitions
The following provisions shall be applied wherever appropriate herein: (1) "Herein," "hereby," "hereunder," "hereof," and other equivalent words refer to this article as an entirety...
- Section 11-54-173 Filing of application; contents; authorization or denial of incorporation by governing body of authorizing municipality
(a) A public corporation may be organized pursuant to the provisions of this article in any municipality. In order to incorporate such a public corporation,...
- Section 11-54-174 Procedure to incorporate; contents and execution of certificate of incorporation; filing
Within 40 days following the adoption of an authorizing resolution the applicants shall proceed to incorporate an authority by filing for record in the office...
- Section 11-54-175 Amendments to certificate of incorporation; filing of application; approval or denial by governing body; filing and recordation
The certificate of incorporation of any authority incorporated under the provisions of this article may at any time and from time to time be amended...
- Section 11-54-176 Board of directors; composition; election; terms; vacancies; qualifications; expenses; removal
Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its...
- Section 11-54-177 Officers of the authority
The officers of an authority shall consist of a chairman, vice chairman, secretary, treasurer, and such other officers as its board shall deem necessary or...
- Section 11-54-178 Powers of authority; location of projects; public meetings
(a) An authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To...
- Section 11-54-179 Bonds of authority generally
(a) Source of payment. All bonds issued by an authority shall be payable solely out of the revenues and receipts derived from the leasing or...
- Section 11-54-180 Proceeds from sale of bonds
All moneys derived from the sale of any bonds issued by an authority shall be used solely for the purpose or purposes for which the...
- Section 11-54-181 Refunding bonds
Any bonds issued by an authority may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds payable from...
- Section 11-54-182 Notice of bond resolution; limitation on proceedings questioning or attacking bonds
Upon the adoption by the board of any authority of any resolution providing for the issuance of bonds, such authority may, in its discretion, cause...
- Section 11-54-183 Exemption from certain taxes and fees
The income of any authority, all bonds issued by an authority and the interest paid on any such bonds, all conveyances by or to an...
- Section 11-54-184 Nonliability of authorizing municipality
The authorizing municipality shall not in any event be liable for the payment of the principal of or interest on any bonds of an authority...
- Section 11-54-185 Exemption from usury and interest laws
Each authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation...
- Section 11-54-186 Exemption from competitive bid laws
Any authority and all contracts made by it shall be exempt from the laws of the State of Alabama requiring competitive bids for any contract...
- Section 11-54-187 Freedom of authority from state supervision and control
This article is intended to aid the state through the furtherance of the purposes of the article by providing appropriate and independent instrumentalities of the...
- Section 11-54-188 Earnings of an authority
An 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 11-54-189 Dissolution of authority and vesting of title to property in authorizing municipality
At any time when an authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon...
- Section 11-54-190 Incorporation of another authority by same municipality
The existence of an authority incorporated under the provisions of this article shall prevent the subsequent incorporation hereunder of another authority pursuant to authority granted...
- Section 11-54-191 Continued existence of authority notwithstanding reclassification of municipalities
Any authority created hereunder shall continue in existence and shall have all powers conferred upon an authority organized pursuant to this article notwithstanding the fact...
- Section 11-54-192 Provisions of article cumulative
The provisions of this article are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent...
- Article 7 Donation of Property to United States for Defense Purposes.
- Chapter 54A DOWNTOWN REDEVELOPMENT AUTHORITIES.
- Section 11-54A-1 Legislative intent
The revitalization and redevelopment of any business district of any city in Alabama develops and promotes for the public good and general welfare trade, commerce,...
- Section 11-54A-2 Definitions
The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise,...
- Section 11-54A-3 Use of phrases
The following provisions shall be applied wherever appropriate herein: "Herein," "hereby," "hereunder," "hereof," and other equivalent words refer to this chapter as an entirety and...
- Section 11-54A-4 Filing of application; authorization of incorporation by governing body of city
An authority may be organized pursuant to the provisions of this chapter. In order to incorporate such a public corporation, any number of natural persons,...
- Section 11-54A-5 Procedure to incorporate; contents and execution of certificate of incorporation
Within 40 days following the adoption of the authorizing resolution, the applicants shall proceed to incorporate the authority by filing for record in the office...
- Section 11-54A-6 Amendments to certificate of incorporation; procedure
The certificate of incorporation of the authority incorporated under the provisions of this chapter may at any time and from time to time be amended...
- Section 11-54A-7 Board of directors; election, terms, eligibility, etc
Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its...
- Section 11-54A-8 Officers of authority
The officers of the authority shall consist of a chairman, vice chairman, secretary, treasurer, and such other officers as its board shall deem necessary or...
- Section 11-54A-9 Powers of authority; all projects to be in development area
(a) The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To...
- Section 11-54A-10 Bonds of authority
(a) Source of payment. All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing or...
- Section 11-54A-11 Proceeds from sale of bonds
All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the...
- Section 11-54A-12 Refunding bonds
Any bonds issued by the authority may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds payable from...
- Section 11-54A-13 Notice of bond resolution; 30 days to bring action to question bond validity
Upon the adoption by the board of the authority of any resolution providing for the issuance of bonds, the authority may cause to be published...
- Section 11-54A-14 Exemption from taxation
The authority formed under this chapter, the property and income of the authority (whether used by it or leased to others), all bonds issued by...
- Section 11-54A-15 Liability of city
The city shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or...
- Section 11-54A-16 Exemption from usury and interest laws
The authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation...
- Section 11-54A-17 Compliance with competitive bid laws
The authority and all contracts made by it shall comply with the laws of the State of Alabama requiring competitive bids for any contract to...
- Section 11-54A-18 Freedom of authority from state supervision and control
This chapter is intended to aid the state through the furtherance of the purposes of the chapter by providing an appropriate and independent instrumentality of...
- Section 11-54A-19 Earnings of 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 11-54A-20 Dissolution of corporation and vesting of title to property in city
At any time when the authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon...
- Section 11-54A-21 Existence of authority to prevent incorporation of another by city
The existence of the authority incorporated under the provisions of this chapter shall prevent the subsequent incorporation hereunder of another authority pursuant to authority granted...
- Section 11-54A-22 Loans, sales, grants, etc., of money, property, etc., to authority by counties, municipalities, etc
For the purpose of effecting the revitalization and redevelopment of the central business district of the city, any county, municipality, or other political subdivision, public...
- Section 11-54A-23 Provisions cumulative
The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent...
- Section 11-54A-24 Authorities organized under prior acts
Any downtown redevelopment authority established under Acts 1982, No. 303, Acts 1984, No. 395, Acts 1984, No. 415, Acts 1985, No. 185, or any other...
- Section 11-54A-25 Continued existence of authorities established before August 1, 2004; reincorporation
Any downtown redevelopment authority established under this chapter prior to August 1, 2004, for the purpose of revitalizing or redeveloping the central business district of...
- Chapter 54B SELF-HELP BUSINESS IMPROVEMENT DISTRICTS.
- Article 1 General Provisions.
- Section 11-54B-1 Legislative findings
(a) The Legislature finds: (1) That patterns of urban development have had a substantial adverse impact upon downtown and community business districts vital to the...
- Section 11-54B-2 Definitions
As used in this article, the following words and phrases shall have the following meanings: (1) MUNICIPALITY. Any Class 1 municipality located in the State...
- Section 11-54B-3 Development and maintenance of self-help business improvement districts
A municipality may, through ordinance, provide for the creation and maintenance of one or more self-help business improvement districts pursuant to this article. This article...
- Section 11-54B-4 Findings required for public hearing on adoption of self-help business improvement district ordinance
A public hearing on the adoption of a self-help business improvement district ordinance may be called only if the governing body of a municipality finds...
- Section 11-54B-5 Requirements of request for creation of self-help business improvement district
A request for the creation of a self-help business improvement district must contain the following: (a) The signatures of a representative group of the owners...
- Section 11-54B-6 Mailing of proposed ordinance and notice of hearing
At least twenty (20) days prior to the date set for a public hearing on the proposed self-help business improvement district plan, notice of the...
- Section 11-54B-7 Review of self-help business improvement district plan and adoption of ordinance
The municipality, upon review of the self-help business improvement district plan submitted, may, after public hearing, adopt an ordinance to designate, establish, and maintain the...
- Section 11-54B-8 Costs of supplemental services; assessment of classes; exemptions
(a) A self-help business improvement district ordinance shall provide that all costs of the supplemental services provided in a business improvement district will be financed...
- Section 11-54B-9 Collection of special assessment; procedures; claim of lien; interest, penalties, and fees
(a) A self-help business improvement district ordinance shall provide that the special assessment levied on the owners of the real property located within the geographical...
- Section 11-54B-10 Amendment of self-help business improvement district ordinance
(a) Except as provided in subsection (b), the governing body of the municipality may amend a self-help business improvement district ordinance upon the written request...
- Section 11-54B-11 District management corporation limits, powers, and duties
(a) District management corporations shall be incorporated under the Alabama Nonprofit Corporation Act (Chapter 3A of Title 10) and shall exercise their powers in a...
- Section 11-54B-12 Annual budget of district management corporation
(a) The officers of the district management corporation shall submit a detailed annual budget for approval by its board of directors including proposed expenditures and...
- Section 11-54B-13 Retention of municipal police powers
Notwithstanding the improvement of any street or sidewalk incident to a self-help business improvement district, a municipality and its governing body shall retain its police...
- Section 11-54B-14 Eminent domain utilization
No self-help business improvement district or district management corporation shall have eminent domain powers. All such procedures incidental to the development and maintenance of a...
- Section 11-54B-15 Furniture, structure of facility not deemed nuisance
Any movable furniture, structure, facility, or appurtenance or activity located or permitted in connection with a self-help business improvement district shall not, by reason of...
- Section 11-54B-16 District management corporation contracts
The municipality may, by ordinance, authorize the district management corporation to contract work to be done on any street or streets, or on other municipal...
- Section 11-54B-17 Operation in other designated project areas
This article shall not prohibit a municipality from including a self-help business improvement district within the bounds of any area, district, or zone including enterprise...
- Section 11-54B-18 Annual reports and audits
(a) Within ninety (90) days after the close of each fiscal year, the district management corporation shall make an annual report of its activities for...
- Section 11-54B-19 Sunset provision
(a) Within sixty (60) days after the adoption and approval of the fifth annual budget for any self-help business improvement district, the board of directors...
- Section 11-54B-20 Tax exemption
A nonprofit corporation designated as a district management corporation under this article shall be exempt from the state corporate income tax, corporate franchise tax, and...
- Section 11-54B-21 Contracts for operation and management with other district management corporations
The board of directors of the district management corporation may contract with other district management corporations to provide for the operation and management of such...
- Section 11-54B-22 Merger of business improvement districts
(a) Without the approval of the governing body of the municipality or the owners of the real property located within the geographical areas of the...
- Article 2 Self-help Business Improvement Districts in Class 2 Municipalities.
- Section 11-54B-40 Legislative findings
(a) The Legislature makes the following findings: (1) That patterns of urban development have had substantial adverse impacts upon downtown and community business districts vital...
- Section 11-54B-41 Definitions
As used in this article, the following words and phrases shall have the following meanings: (1) DISTRICT MANAGEMENT CORPORATION. An entity created by incorporation under...
- Section 11-54B-42 Development and maintenance of self-help business improvement districts
A Class 2 municipality, by ordinance, may provide for the creation and maintenance of one or more self-help business improvement districts pursuant to this article....
- Section 11-54B-43 Findings required for a public hearing on the adoption of a self-help business improvement district ordinance
A public hearing on the adoption of an ordinance creating a self-help business improvement district may be called only if the governing body of a...
- Section 11-54B-44 Requirements of a request for the creation of a self-help business improvement district
A request for the creation of a self-help business improvement district shall contain all of the following: (1) The signatures of a representative group of...
- Section 11-54B-45 Mailing of proposed ordinance and notice of hearing
At least 20 days prior to the date set for a public hearing on the proposed self-help business improvement district plan, notice of the date,...
- Section 11-54B-46 Review of self-help business improvement district plan and adoption of ordinance
The governing body of the municipality, upon review of the self-help business improvement district plan and after public hearing, may adopt an ordinance to designate,...
- Section 11-54B-47 Costs of supplemental services
(a) The self-help business improvement district ordinance adopted by the municipality pursuant to Section 11-54B-46 shall provide that all costs of the supplemental services provided...
- Section 11-54B-48 Collection of special assessment
(a) The self-help business improvement district ordinance adopted by the municipality pursuant to Section 11-54B-46 shall provide that the special assessment levied on the owners...
- Section 11-54B-49 Amendment of the self-help business improvement district ordinance
(a) The governing body of the municipality may amend an ordinance relating to the self-help business improvement district upon the written request of a representative...
- Section 11-54B-50 District management corporation limits, powers, and duties
(a) District management corporations provided for in this article shall be incorporated under the Alabama Nonprofit Corporation Act, Chapter 3 of Title 10A, and shall...
- Section 11-54B-51 Annual budget of the district management corporation
(a) The officers of the district management corporation shall submit a detailed annual budget for approval by its board of directors including proposed expenditures and...
- Section 11-54B-52 Retention of municipal police powers
Notwithstanding the improvement of any street or sidewalk incident to a self-help business improvement district, the municipality and its governing body shall retain its police...
- Section 11-54B-53 Eminent domain utilization
No self-help business improvement district or district management corporation shall have the power of eminent domain.
- Section 11-54B-54 Furniture, structure of facility not deemed nuisance
Any movable furniture, structure, facility, or appurtenance or activity located or permitted in connection with a self-help business improvement district shall not, by reason of...
- Section 11-54B-55 District management corporation contracts
The municipalities, by ordinance, may authorize the district management corporation to contract construction and maintenance work to be done on any street or streets, or...
- Section 11-54B-56 Operation in other designated project areas
This article shall not prohibit a municipality from including a self-help business improvement district within the bounds of any area, district, or zone including any...
- Section 11-54B-57 Annual reports and audits
(a) Within 90 days after the close of each fiscal year, the district management corporation shall make an annual report of its activities for the...
- Section 11-54B-58 Sunset provision
(a) Within 90 days after the adoption and approval of the fifth annual budget for any self-help business improvement district, the municipality shall set a...
- Chapter 55 POST-OFFICE PROJECTS.
- Section 11-55-1 Definitions
Wherever used in this chapter, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings: (1)...
- Section 11-55-2 Powers of municipalities generally as to acquisition and leasing of projects for post offices and issuance of bonds therefor
In addition to any other powers which it may now have, any municipality in this state may hereafter acquire, whether by purchase, construction, or gift,...
- Section 11-55-3 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption, etc
All bonds issued by a municipality under authority of this chapter shall be limited obligations of the municipality, the principal of and interest on which...
- Section 11-55-4 Bonds - Security for payment of principal and interest
The principal of and interest on any bonds issued under the authority of this chapter shall be secured by a pledge of the revenues out...
- Section 11-55-5 Bonds - Disposition of proceeds from sale
(a) The proceeds from the sale of any bonds issued under authority of this chapter shall be applied only for the purpose for which the...
- Section 11-55-6 Refunding bonds
Any bonds issued under this chapter and at any time outstanding may at any time and from time to time be refunded by a municipality...
- Section 11-55-7 Notice to, approval or consent of governmental body, etc., not to be required for sale or issuance 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 11-55-8 Investment in bonds by savings banks and insurance companies
Bonds issued under the provisions of this chapter shall be legal investments for savings banks and insurance companies organized under the laws of this state.
- Section 11-55-9 Contribution by municipalities to costs of acquisition of projects or use of municipal lands therefor; acceptance of donations of property or money for projects
A municipality may pay out of its general funds or otherwise contribute any part of the costs of acquiring a project and may use land...
- Section 11-55-10 Requirements as to leases of projects
(a) Prior to the leasing of any project, the governing body must determine and find the following: (1) The amount necessary in each year to...
- Section 11-55-11 Exemption from taxation of projects, bonds, etc
The bonds authorized by this chapter and the income therefrom, all mortgages executed as security therefor, all lease agreements made pursuant to the provisions of...
- Section 11-55-12 Construction of chapter
Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers which a municipality might otherwise...
- Section 11-55-13 Authority of cities or towns to acquire, etc., and lease facilities to United States Postal Service; issuance of bonds, etc., to finance acquisitions
Any city or town in this state (1) May acquire (by construction, purchase or otherwise), improve and equip land, buildings and other facilities for use...
- Chapter 56 PUBLIC BUILDING AUTHORITIES.
- Section 11-56-1 Definitions
The following words and phrases, whenever used in this chapter, shall, in the absence of clear implication otherwise, have the following respective meanings: (1) CORPORATION...
- Section 11-56-2 Legislative intent; construction of chapter generally
(a) It is the intention of the Legislature by the passage of this chapter to empower each incorporated city and town in the state to...
- Section 11-56-3 Application for authority to form corporation; adoption of resolution by governing body authorizing incorporation; procedure for incorporation generally
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 11-56-4 Certificate of incorporation - Contents; approval by governing body
(a) The certificate of incorporation of the corporation shall state: (1) The names of the persons forming the corporation, together with the residence of each...
- Section 11-56-5 Certificate of incorporation - Execution, acknowledgment, filing, and recordation
The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments...
- Section 11-56-6 Board of directors; record of proceedings of board
The corporation shall have a board of directors composed of the number of directors provided in the certificate of incorporation. All powers of the corporation...
- Section 11-56-7 Officers
The officers of the corporation shall consist of a chairman, vice-chairman, a secretary, a treasurer, and such other officers as the board shall deem necessary...
- Section 11-56-8 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 11-56-9 Leasing of projects
(a) The corporation and any local subdivision are hereby respectively authorized to enter into with each other one or more lease agreements whereunder a project...
- Section 11-56-10 Bonds - Authority for issuance; security for payment of principal and interest generally; form, terms, denominations, etc.; sale, redemption, etc
The corporation is authorized at any time and from time to time to issue its interest-bearing revenue bonds for the purpose of acquiring, constructing, improving,...
- Section 11-56-11 Bonds - Notice of resolution authorizing issuance of bonds; limitation period for actions, etc., as to validity of proceedings for issuance of bonds, etc
(a) Upon the adoption by the board of any resolution providing for the issuance of bonds, the corporation may, in its discretion, cause to be...
- Section 11-56-12 Bonds - Execution and delivery
All bonds shall be signed by the chairman or vice-chairman of the corporation, and the seal of the corporation shall be affixed thereto and attested...
- Section 11-56-13 Bonds - Security for payment of principal and interest; remedies upon default generally
(a) The principal of and the interest on the bonds shall be secured by a pledge of the revenues out of which the bonds shall...
- Section 11-56-14 Bonds - Disposition of proceeds from sale
(a) The proceeds derived from the sale of any bonds (other than refunding bonds) may be used only to pay the cost of acquiring, constructing,...
- Section 11-56-15 Bonds - Remedies upon default in payment of principal or interest on bonds
If there shall be any default in the payment of the principal of or interest on any bonds issued under this chapter, then the holder...
- Section 11-56-16 Refunding bonds
The corporation may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and interest on...
- Section 11-56-17 Investment in bonds - By municipalities
The governing body is authorized in its discretion to invest in bonds of the corporation any idle or surplus money held in the treasury of...
- Section 11-56-18 Investment in bonds - By executors, savings banks, insurance companies, etc
Bonds issued under the provisions of this chapter are hereby made legal investments for executors, administrators, trustees and other fiduciaries and for savings banks and...
- Section 11-56-19 Conveyances of property to corporations by municipalities
The municipality is hereby authorized to convey to the corporation, with or without the payment of monetary consideration therefor, any property that may be owned...
- Section 11-56-20 Authority and procedure for dissolution of corporations; vesting of title to properties thereof in municipalities upon dissolution; formation of corporations not to prevent subsequent formation of other corporations by same municipalities
(a) At any time when the corporation does not have any bonds outstanding, the board may adopt a resolution which shall be duly entered upon...
- Section 11-56-21 Exemption from taxation of projects, bonds, etc
Each project and the income from all leases made with respect thereto, the bonds issued by the corporation and the income therefrom and all lease...
- Section 11-56-22 Construction of chapter
This chapter shall not be construed as a restriction or limitation upon any power, right, or remedy which any municipality or any corporation now in...
- Chapter 57 PUBLIC LIBRARY AUTHORITIES.
- Section 11-57-1 Definitions
The following words and phrases, whenever used in this chapter, shall have the following respective meanings, unless the context clearly indicates otherwise: (1) AUTHORITY. A...
- Section 11-57-2 Legislative intent; construction of chapter generally
(a) It is the intention of the Legislature by the passage of this chapter to empower each incorporated municipality in the state to authorize the...
- Section 11-57-3 Application for authority to form corporation; adoption of resolution by governing body authorizing incorporation; procedure for incorporation generally
Whenever any number of natural persons, not less than three, shall file with the governing body an application in writing for permission to incorporate a...
- Section 11-57-4 Certificate of incorporation - Contents; execution and acknowledgment; approval by governing body
(a) The certificate of incorporation of the authority shall state: (1) The name and address of each of the incorporators and a statement that each...
- Section 11-57-5 Certificate of incorporation - Filing and recordation
The certificate of incorporation, having attached thereto a certified copy of the resolution provided for in Section 11-57-3 and a certificate by the Secretary of...
- Section 11-57-6 Board of directors; record of proceedings of board
The authority shall have a board of directors composed of the number of directors provided in the certificate of incorporation. All powers of the authority...
- Section 11-57-7 Officers
The officers of the authority shall consist of a president, a vice-president, a secretary, a treasurer, and such other officers as the board shall deem...
- Section 11-57-8 Powers - Generally
The authority shall have the following powers and capacities, among others specified in this chapter, together with all powers incidental thereto or necessary to the...
- Section 11-57-9 Powers - Eminent domain
The authority shall have the same power of eminent domain as is vested by law in the municipality, which power shall be exercised in the...
- Section 11-57-10 Leasing of projects
The authority and the municipality are hereby respectively authorized to enter into one or more lease agreements with each other whereunder one or more projects...
- Section 11-57-11 Bonds - Authority for issuance; security for payment of principal and interest generally; form, terms, denominations, etc.; sale, redemption, etc
The authority is empowered at any time and from time to time to sell and issue its revenue bonds for the purpose of providing funds...
- Section 11-57-12 Bonds - Recital as to authority for issuance; notice of resolution authorizing issuance of bonds; limitation period for actions, etc., as to validity of proceedings for issuance of bonds, etc
(a) Any resolution authorizing any bonds under this chapter shall contain a recital that they are issued pursuant to the provisions of this chapter, which...
- Section 11-57-13 Bonds - Execution and delivery
The bonds of the authority shall be signed by either its president or its vice-president as shall be provided in the resolution under which the...
- Section 11-57-14 Bonds - Negotiability
All bonds issued by the authority, while not registered, shall be construed to be negotiable instruments even though they are payable from a limited source....
- Section 11-57-15 Bonds - Security for payment of principal and interest
The principal of and the interest on the bonds shall be secured by a pledge of the revenues out of which the bonds shall be...
- Section 11-57-16 Bonds - Disposition of proceeds from sale
(a) The proceeds derived from the sale of any bonds sold by the authority, other than refunding bonds, shall be used only to pay the...
- Section 11-57-17 Refunding bonds
The authority may at any time and from time to time sell and issue its refunding revenue bonds for the purpose of refunding the principal...
- Section 11-57-18 Investment in bonds - By municipalities
The governing body is authorized in its discretion to invest in bonds of the authority any idle or surplus money held in the treasury of...
- Section 11-57-19 Investment in bonds - By executors, savings banks, insurance companies, etc
Bonds issued under the provisions of this chapter are hereby made legal investments for savings banks and insurance companies organized under the laws of the...
- Section 11-57-20 Remedies upon default on bonds, lease agreements, etc
(a) In event of default on the bonds. If there should be any default in the payment of the principal of or interest on any...
- Section 11-57-21 Liability of state or municipalities on bonds and obligations of authorities
All obligations incurred by the authority and all bonds issued by it shall be solely and exclusively an obligation of the authority and shall not...
- Section 11-57-22 Investment of funds of authorities
Any portion of the principal proceeds derived from the sale of the bonds which the board may determine is not presently needed for any of...
- Section 11-57-23 Conveyances of property to authorities by municipalities
The municipality is hereby authorized to transfer and convey to the authority, with or without the payment of monetary consideration therefor, any property that may...
- Section 11-57-24 Authority and procedure for dissolution of authorities; vesting of title to assets or properties thereof in municipalities upon dissolution; formation of authorities not to prevent subsequent formation of other authorities by same municipalities
(a) At any time when the authority does not have any bonds outstanding, the board may adopt a resolution, which shall be duly entered upon...
- Section 11-57-25 Exemption from taxation of properties, bonds, etc
The properties of the authority and the income therefrom, all lease agreements made by the authority, all bonds issued by the authority and the coupons...
- Section 11-57-26 Construction of chapter
This chapter shall not be construed as a restriction or limitation upon any power, right or remedy which any municipality or any corporation now in...
- Chapter 58 MEDICAL CLINIC BOARDS.
- Section 11-58-1 Definitions
When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) CLINICAL FACILITIES....
- Section 11-58-2 Purpose of chapter; application for authority to form corporation; adoption of resolution by governing body authorizing incorporation; execution and filing of certificate of incorporation generally; effect of granting of authority for incorporation upon incorporation of other such corporations
(a) The purpose of this chapter is to provide for the incorporation of medical clinic boards as public agencies and instrumentalities of the State of...
- Section 11-58-3 Contents, execution, acknowledgment, filing and recordation of certificate of incorporation
(a) The certificate of incorporation of any corporation organized under this chapter shall state: (1) The name of the corporation, which shall be a name...
- Section 11-58-4 Board of directors
Each corporation formed under this chapter shall have a board of directors which shall constitute the governing body of the corporation, consisting of three members...
- Section 11-58-5 Powers of corporations generally
Each corporation formed under this chapter shall have the following powers, together with all the powers incidental thereto or necessary to the discharge thereof in...
- Section 11-58-5.1 Power of eminent domain
Medical clinic boards are hereby granted the power of eminent domain and may exercise such power in the manner provided by law for the purpose...
- Section 11-58-6 Requirements as to leasing of medical clinics or clinical facilities; disposition of revenue from operation of clinic
(a) Prior to the leasing of the medical clinic or clinical facilities, the board of directors must determine and find the following: (1) The amount...
- Section 11-58-7 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, etc.; dissolution of corporation
(a) All bonds issued by a corporation organized under authority of this chapter shall be solely and exclusively obligations of the corporation and shall not...
- Section 11-58-8 Bonds - Security for payment of principal and interest; remedies upon default
The principal of and interest on any bonds issued by a corporation organized under the authority of this chapter shall be secured by a pledge...
- Section 11-58-9 Bonds - Disposition of proceeds from sale
(a) The proceeds from the sale of any bonds issued by a corporation organized under authority of this chapter shall be applied only for the...
- Section 11-58-10 Refunding bonds
Any bonds issued by a corporation organized under this chapter and at any time outstanding may at any time and from time to time be...
- Section 11-58-11 Investment in bonds by savings banks and insurance companies
Bonds issued under the provisions of this chapter shall be legal investments for savings banks and insurance companies organized under the laws of this state.
- Section 11-58-12 Conveyances of properties to corporations by municipalities and counties
(a) Any county and any incorporated city and town may transfer and convey to its county or municipal medical clinic board, as the case may...
- Section 11-58-13 Authority and procedure for dissolution of corporations; vesting of title to funds and properties thereof in municipalities or counties upon dissolution; effect of dissolution of corporation upon other such corporations
(a) Whenever the principal of and interest on all bonds of a corporation payable from the revenues derived from the operation of one or more...
- Section 11-58-14 Exemptions of corporations - Taxation
The bonds authorized by this chapter and the income therefrom, all mortgages executed as security therefor, all lease agreements made pursuant to the provisions hereof...
- Section 11-58-15 Exemptions of corporations - Usury and interest laws
Each medical clinic board now or hereafter organized under the provisions of this chapter, as amended, is hereby exempted from the laws of the State...
- Chapter 59 PUBLIC ATHLETIC BOARDS.
- Section 11-59-1 Definitions
Wherever used in this chapter, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings: (1)...
- Section 11-59-2 Legislative intent; construction of chapter generally
(a) It is the intention of the Legislature by the passage of this chapter to authorize the incorporation in the several cities and towns in...
- Section 11-59-3 Application for authority to incorporate public athletic board; adoption of resolution by governing body authorizing incorporation; execution, acknowledgment and filing of certificate of incorporation generally
Whenever any number of natural persons, not less than three, each of whom shall be a duly qualified elector of and taxpayer in the municipality...
- Section 11-59-4 Certificate of incorporation - Contents; execution and acknowledgment
(a) The certificate of incorporation shall set forth: (1) The names and residences of the applicants together with a recital that each of them is...
- Section 11-59-5 Certificate of incorporation - Filing with probate judge; examination, approval, and recordation by probate judge
When executed and acknowledged in conformity with Section 11-59-4, the certificate of incorporation shall be filed with the judge of probate of any county in...
- Section 11-59-6 Certificate of incorporation - Amendment
The certificate of incorporation may at any time and from time to time be amended so as to make any changes therein and add any...
- Section 11-59-7 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 11-59-8 Powers of corporations generally
The corporation shall have the following powers together with all powers incidental thereto or necessary for the performance of those hereinafter stated: (1) To have...
- Section 11-59-9 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption, etc.; refunding of bonds
All bonds issued by the corporation shall be revenue bonds and shall be payable solely out of the revenues derived from the leasing or operation...
- Section 11-59-10 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 out of which the...
- Section 11-59-11 Liability of municipalities upon bonds, obligations, agreements, etc., of corporations
The municipality shall not in any event be liable for the payment of the principal of or interest on any bonds of the corporation or...
- Section 11-59-12 Conveyances of properties to corporations by municipalities
The municipality is hereby authorized and empowered to transfer and convey to the corporation any properties which, at the time of such transfer and conveyance,...
- Section 11-59-13 Powers of corporations as to conveyances, etc., of title to facilities
Nothing contained in this chapter shall be construed to authorize the corporation to lease, sell, or transfer any of its facilities so as to vest...
- Section 11-59-14 Authority and procedure for dissolution of corporations; vesting of title to facilities thereof in municipalities upon dissolution
When the principal of and interest on all bonds issued by the corporation shall have been paid, the title to all facilities then owned by...
- Section 11-59-15 Documents of corporations may be filed for record without payment of taxes or certain fees
The certificate of incorporation of the corporation, any deeds or other documents whereby properties are conveyed to the corporation, any mortgages or deeds of trust...
- Section 11-59-16 Exemption from taxation of corporations, facilities, bonds, etc
The corporation and all facilities at any time owned by it and the income therefrom and all bonds issued by it and the income therefrom...
- Section 11-59-17 Construction of chapter
Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers which the corporation or the...
- Chapter 60 PUBLIC PARK AND RECREATION BOARDS.
- Section 11-60-1 Definitions
Whenever used in this chapter, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall...
- Section 11-60-2 Legislative intent; construction of chapter generally
(a) It is the intention of the Legislature by the passage of this chapter to promote the public health and general welfare by authorizing the...
- Section 11-60-3 Application for authority to form corporation; adoption of resolution by governing body authorizing incorporation; execution, acknowledgment, and filing of certificate of incorporation generally; effect of granting of authority for incorporation upon incorporation of other such corporations
(a) Whenever any number of natural persons, not less than three, shall file with the governing body of any municipality of this state an application...
- Section 11-60-4 Certificate of incorporation - Contents; execution and acknowledgment
(a) The certificate of incorporation of any corporation organized under this chapter shall set forth: (1) The names and residences of the applicants, together with...
- Section 11-60-5 Certificate of incorporation - Filing with probate judge; examination, approval, and recordation by probate judge
When executed and acknowledged in conformity with Section 11-60-4, the certificate of incorporation shall be filed with the judge of probate of any county in...
- Section 11-60-6 Certificate of incorporation - Amendment
If any corporation formed under this chapter has accidentally or inadvertently failed to comply with the requirements of this chapter in its organization, such omission...
- Section 11-60-7 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 11-60-8 Powers of corporations generally; location of projects of corporations
(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 11-60-9 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 operation, leasing or sale by the...
- Section 11-60-10 Bonds - Notice of resolution authorizing issuance of bonds; limitation period for actions, etc., as to validity of proceedings for issuance of bonds, etc
(a) Upon the adoption by the board of directors of any resolution providing for the issuance of bonds, the corporation may, in its discretion, cause...
- Section 11-60-11 Bonds - Security for payment of principal or 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 11-60-12 Borrowing of money for temporary use and issuance of temporary revenue bonds as evidence thereof
(a) The corporation may, in addition to the other powers granted in this chapter, borrow money for temporary use for any of its corporate purposes...
- Section 11-60-13 Liability of municipalities upon bonds, agreements, obligations, etc., of corporations
The municipality shall not in any event be liable for the payment of the principal of or interest on any bonds of the corporation or...
- Section 11-60-14 Disposition of net earnings of corporations
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 11-60-15 Authority and procedure for dissolution of corporations; vesting of title to funds and properties thereof in municipalities 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 11-60-16 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 11-60-17 Exemptions of corporations - Taxation
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 11-60-18 Exemptions of corporations - Usury and interest laws
Each corporation organized pursuant to the provisions of this chapter is hereby exempted from the laws of the State of Alabama governing usury or prescribing...
- Section 11-60-19 Exemptions of corporations - Competitive bid laws
Each corporation organized pursuant to the provisions of this chapter is hereby exempted from the laws of the State of Alabama governing or respecting competitive...
- Section 11-60-20 Powers conferred on corporation cumulative; further proceedings, etc., as to incorporation and issuance of bonds not required; police powers of state and governmental subdivisions not impaired
Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers which the corporation might otherwise...
- Chapter 61 PARKING FACILITIES.
- Section 11-61-1 Definitions
Unless the context plainly indicates otherwise, the following words and terms shall have the following meanings herein ascribed to them: (1) GOVERNING BODY. The body...
- Section 11-61-2 Authority of towns and cities with respect to parking facilities
Any town or city in this state is hereby authorized: (1) To plan, establish, develop, acquire, construct, enlarge, improve, maintain, equip, operate, regulate, and protect...
- Section 11-61-3 Chapter cumulative
The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent...
- Chapter 61A MUNICIPAL PARKING AUTHORITY.
- Section 11-61A-1 Declarations
The history of municipalities and the course of legislatures throughout America, including the Legislature of Alabama, confirm that public welfare requires that Class 2 municipalities...
- Section 11-61A-2 Definitions
Unless the context plainly indicates otherwise, the following words and terms have the meanings ascribed to them: (1) AUTHORITY. A public corporation organized under this...
- Section 11-61A-3 Application for permission to incorporate
A municipal parking authority may be organized as a public corporation in any Class 2 municipality of the state. Three or more natural persons may...
- Section 11-61A-4 Certificate of incorporation
The certificate of incorporation of the authority shall state all of the following: (1) The name of each person forming the authority, the residence of...
- Section 11-61A-5 Attachments to certificate
(a) The certificate of incorporation of the authority shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the...
- Section 11-61A-6 Changes and amendments
(a) The board, by resolution, may change the name of the authority and may amend the certificate of incorporation if each of the following requirements...
- Section 11-61A-7 Board of directors
(a) The authority shall be governed by a board of directors of seven members. The board shall be elected by the governing body of the...
- Section 11-61A-8 Officers
The board shall elect a chair, a vice-chair, a secretary, a treasurer, and other necessary officers to accomplish the purposes of the authority. The tenure...
- Section 11-61A-9 Powers
The authority shall have the following powers, together with all incidental powers necessary: (1) To have succession by its corporate name for the duration of...
- Section 11-61A-10 Operation of the facility
(a) As used in this section, the word "person" means a natural person, a corporation, a partnership, or an unincorporated association. (b) The authority shall...
- Section 11-61A-11 Funds
The authority may accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant or...
- Section 11-61A-12 Permitted activities
For the purpose of aiding and cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, or operation of parking facilities, a county,...
- Section 11-61A-13 Bonds
(a) The authority may issue and sell its interest-bearing revenue bonds for any corporate purpose at any time or times. The principal of and the...
- Section 11-61A-14 Signature on bonds
All bonds shall be signed by the chair or vice-chair and the secretary or treasurer of the authority and the seal of the authority shall...
- Section 11-61A-15 Issuance of bonds
(a) The authority may issue bonds under and secured by an indenture between the authority and a trustee. The trustee may be a private person...
- Section 11-61A-16 Proceeds from sale of bonds
(a) The proceeds derived from the sale of any bonds, other than refunding bonds, may be used exclusively to pay the cost of acquiring, constructing,...
- Section 11-61A-17 Refunding bonds
The authority may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and the interest...
- Section 11-61A-18 Tax exemption
The bonds issued by the authority and the income from the bonds shall be exempt from all taxation in the state. All property and income...
- Section 11-61A-19 Investment by governing body
The governing body of any county or municipality within this state may invest any idle or surplus money held in its treasury in bonds of...
- Section 11-61A-20 Bonds deemed legal investment
Bonds issued under this chapter are deemed legal investments for executors, administrators, trustees, and other fiduciaries, unless otherwise directed by the court having jurisdiction of...
- Section 11-61A-21 Publication of notice
Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may cause to be published once a week...
- Section 11-61A-22 Advertising and award laws are applicable
Laws, regulations, and ordinances relating to the advertising and award of construction contracts and purchase contracts made by or in behalf of the authorizing subdivision...
- Section 11-61A-23 Examination and audit of the records
(a) At least once every 12 months after the date an authority is created pursuant to this chapter, the municipality shall appoint an expert accountant...
- Section 11-61A-24 Dissolution
When no bonds of the authority are outstanding, the authority may be dissolved upon the filing with the judge of probate, in the county in...
- Chapter 62 MUNICIPAL SPECIAL HEALTH CARE FACILITY AUTHORITIES.
- Section 11-62-1 Definitions
(a) The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication...
- Section 11-62-2 Legislative findings and declarations
It is hereby found and declared as follows: There exists in the State of Alabama a serious shortage of adequate facilities for the housing, care,...
- Section 11-62-3 Application for authority to form corporation; adoption of resolution by governing body authorizing incorporation; execution, acknowledgement, filing, recordation and contents of certificate of incorporation; effect of granting of authority for incorporation upon incorporation of other such corporations
(a) By proceeding in the manner set forth herein, any number of natural persons, not less than three, may incorporate a special care facilities financing...
- Section 11-62-4 Amendment of certificate of incorporation
(a) The certificate of incorporation of any authority may at any time and from time to time be amended in the manner provided in this...
- Section 11-62-5 Board of directors
(a) Every authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to...
- Section 11-62-6 Officers
The officers of an authority shall consist of a chairman, vice chairman, secretary, treasurer, and such other officers as its board shall deem necessary or...
- Section 11-62-7 Powers of authority generally; operation of facilities by authority
(a) Every authority shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including,...
- Section 11-62-8 Bonds and notes generally - Form, terms, denominations, etc.; execution, sale, delivery, redemption, etc.; security for payment of principal or interest; remedies upon default; liability of municipalities, board, etc., thereupon
(a) Any authority shall have power to issue from time to time its bonds and notes in such principal amount as its board shall determine...
- Section 11-62-9 Bonds and notes generally - Notice of resolution authorizing issuance of bonds or notes; limitation period for actions, etc., as to validity of proceedings for issuance of bonds
(a) Upon the adoption by the board of any authority of any resolution providing for the issuance of bonds or notes, such authority may, in...
- Section 11-62-10 Refunding bonds and notes
(a) Any authority may issue refunding bonds or notes for the purpose of refunding any bonds or notes then outstanding which have been issued under...
- Section 11-62-11 Investment in bonds and notes by state, counties, municipalities, etc
The notes and bonds of any authority shall be legal investments in which the state and its agencies and instrumentalities, all counties, municipalities, and other...
- Section 11-62-12 Establishment and maintenance of special debt service reserve funds, etc
Any authority may establish and maintain one or more special debt service reserve funds and such other special fund or funds as may be necessary...
- Section 11-62-13 Limitations as to operation of facilities - Administration or management of facilities by third parties under employment arrangements or management contracts
(a) The user of any facility acquired, improved, financed, or in any way provided or assisted by any authority pursuant to the provisions of this...
- Section 11-62-14 Limitations as to operation of facilities - Use of facility for promotion of sectarian purposes, advancement, or inhibition of religious activities, etc
The purpose of this chapter is to encourage private not-for-profit organizations, whether or not having any religious affiliation, to satisfy secular needs concerning the housing,...
- Section 11-62-15 Disposition of net earnings of authority
Every authority shall be a not-for-profit public corporation and no part of its net earnings remaining after payment of its expenses shall inure to the...
- Section 11-62-16 Loans, sales, grants, etc., of money, property, etc., to authority by counties, municipalities, public corporations, etc
For the purpose of attaining the objectives of this chapter, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of the state...
- Section 11-62-17 Authority and procedure for dissolution of authority; vesting of title to assets and properties of authority upon dissolution of authority; effect of dissolution of authority upon formation of other such authorities
(a) At any time when any authority does not have any bonds, notes, or other obligations outstanding and when there shall be no other obligations...
- Section 11-62-18 Exemptions of authority - Taxation
(a) Every authority shall exercise its powers in all respects for the benefit of the people of the state, for their well-being and for the...
- Section 11-62-19 Exemptions of authority - Usury and interest laws
Any authority and all contracts made by it shall be exempt from the laws of the state governing usury or prescribing or limiting interest rates,...
- Section 11-62-20 Exemptions of authority - Competitive bid laws
Any authority and all contracts made by it shall be exempt from the laws of the state now or hereafter in effect that require competitive...
- Section 11-62-21 Construction of chapter
This chapter shall be construed liberally to effect its purposes and neither this chapter nor anything herein contained is or shall be construed as a...
- Chapter 63 FINANCIAL ASSISTANCE FOR CERTAIN PUBLIC CORPORATIONS.
- Section 11-63-1 Definitions
The words and phrases hereinafter defined, wherever used in this chapter, shall be deemed to have the respective meanings ascribed to them in this section....
- Section 11-63-2 Loans, grants, etc., of property, payment of principal or interest on outstanding bonds and securities, etc., by municipalities for assistance of related public corporations authorized generally; issuance of bonds by municipalities to provide moneys for loans, payments, etc., generally; creation of irrevocable trust funds for payment of corporate securities
(a) In addition to all other powers that a municipality may have with respect to a related public corporation, any municipality may, with or without...
- Section 11-63-3 Form, terms, denominations, etc., of securities issued by municipalities generally; sale, execution, delivery and refunding thereof; security for payment of principal and interest
(a) Any securities issued by a municipality pursuant to authorization in Section 11-63-2 may be either general obligations of the municipality or special obligations of...
- Section 11-63-4 Disposition of proceeds from municipal securities; limitation as to aggregate principal amount of securities to be issued
(a) The proceeds of any securities issued by a municipality for the purpose referred to in clause (3) of subsection (a) of Section 11-63-2 may...
- Chapter 64 SECURITIES ISSUED IN ANTICIPATION OF GRANTS.
- Section 11-64-1 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 11-64-2 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 11-64-3 Power and authority of municipalities and public corporations
Each municipality and each public corporation shall have the power and, when approved by its governing body, the authority, to do or perform any one...
- Section 11-64-4 Securities; maturity; total principal amount; denomination and tenor; execution; 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 11-64-5 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 11-64-6 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 11-64-7 Additional authority; chapter not to repeal, restrict, or modify any law
This chapter is intended to grant additional authority to grantees, municipalities and public corporations and shall not be considered to repeal, restrict or modify any...
- Chapter 65 HORSE RACING AND GREYHOUND RACING IN CLASS 1 MUNICIPALITIES.
- Section 11-65-1 Legislative declarations and findings
The Legislature hereby finds and declares as follows: (1) As the basis for enacting Act No. 84-131, the Legislature found and determined that the conduct...
- Section 11-65-2 Definitions
(a) The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, unless the context clearly indicates otherwise,...
- Section 11-65-3 Class 1 municipality authorized to create racing commission; status of commission; powers and duties generally; disposition of fees; jurisdiction of State Ethics Commission
A commission is authorized to be created in accordance with the provisions of this chapter for each Class 1 municipality, as Class 1 municipality is...
- Section 11-65-4 Elections required to approve incorporation of commission and conduct of racing and pari-mutuel wagering thereon
(a) No commission shall be incorporated for a Class 1 municipality and no horse racing or greyhound racing or pari-mutuel wagering thereon shall be permitted...
- Section 11-65-5 Composition of commission; terms; qualifications; removal from office
(a) Every commission shall have five members, which shall constitute its governing body. All powers of a commission shall be exercised by its members or...
- Section 11-65-6 Incorporation of commission
The five persons initially designated as members of a commission shall become a corporation with the power and authority provided in this chapter by proceeding...
- Section 11-65-7 General provisions respecting members of commission
No member shall vote on or participate in the discussion or consideration of any matter coming before a commission in which he, his immediate family,...
- Section 11-65-8 Officers of commission
The officers of a commission shall consist of a chairman, vice-chairman, executive secretary, treasurer, and such other officers as the commission shall deem necessary or...
- Section 11-65-9 Treasurer of commission; investment of funds of commission
The treasurer of a commission shall collect all the fees, commissions, and other moneys provided for in this chapter, and shall supervise, check, and audit...
- Section 11-65-10 Powers and duties of commission
When authorized by one or more elections as provided in Section 11-65-4, a commission shall have the powers and duties necessary to license, regulate, and...
- Section 11-65-11 Qualifications of commission employees
Each appointed officer and each employee of a commission shall be of good moral character and shall never have been convicted of a felony or...
- Section 11-65-12 Review of commission action
Any person aggrieved by the refusal of a commission to issue any license or permit, or the suspension or revocation of a license or permit,...
- Section 11-65-13 Request for injunctions authorized
Whenever it appears to a commission that any person has been violating or may violate any provision of this chapter or any reasonable rule or...
- Section 11-65-14 Commission licenses required for certain activities; conditions relating to award and use of licenses
(a) No person shall construct or establish a horse racetrack or racing facility where horse races are to be held and pari-mutuel wagering permitted, or...
- Section 11-65-15 Application for horse racing facility license
Any person desiring to obtain a horse racing facility license through issuance thereof by a commission, or through transfer of an outstanding license, shall file...
- Section 11-65-16 Review of application for horse racing facility license
(a) A commission shall promptly consider any application for the issuance or transfer of a horse racing facility license submitted to it and shall grant...
- Section 11-65-17 Terms of horse racing facility license
(a) A horse racing facility license issued under this chapter shall be for a period of 20 years, but shall be reviewed annually. A commission...
- Section 11-65-18 Application for operator's license
Depending upon the licensing authority granted a commission by elections held pursuant to subsection (a) or (b) of Section 11-65-4, a commission shall be empowered...
- Section 11-65-19 Review of application for operator's license
(a) A commission shall promptly consider any application for the issuance or transfer of an operator's license submitted to it and shall grant or deny...
- Section 11-65-20 Terms of operator's license
(a) An operator's license issued under this chapter, whether for horse racing and pari-mutuel wagering thereon or for greyhound racing and pari-mutuel wagering thereon, shall...
- Section 11-65-21 Suspension or revocation of license
A commission may suspend or revoke any license or fine the holder thereof not to exceed $5,000.00 after hearing with 15 days' notice in any...
- Section 11-65-22 Acquisition of interest in horse racing facility licensee or operator
(a) A disqualified person may not acquire or hold an interest in a horse racing facility licensee or an operator. A commission may require that...
- Section 11-65-23 Permits required for certain individuals and companies
No person, firm, corporation, or partnership shall participate in any horse racing or greyhound racing subject to the jurisdiction of a commission or in the...
- Section 11-65-24 Application for permit
Any person, firm, corporation, or partnership desiring to obtain a permit as required by this chapter shall make application therefor on a form prescribed by...
- Section 11-65-25 Review of applications for permits
A commission shall promptly consider any application for a permit submitted to it and shall issue or deny such permit based on the information in...
- Section 11-65-26 Suspension or revocation of permit
A commission may suspend or revoke a permit issued under this chapter or fine the holder of such permit not to exceed $1,000.00, after hearing...
- Section 11-65-27 Licenses required for stewards and judges of races; appointment of stewards and judges
Any person desiring to act as a steward for any horse race conducted by a horse racing operator licensed by a commission pursuant to this...
- Section 11-65-28 Pari-mutuel wagering
(a) Pari-mutuel wagering conducted by an operator shall be conducted in accordance with the provisions of this section. An operator shall provide a place or...
- Section 11-65-28.1 Modification of takeout for all racing events
In order to provide a uniform takeout for pari-mutuel wagering on racing events that reflects the competitive pressure on pari-mutuel wagering from other forms of...
- Section 11-65-29 State horse wagering fee
No license tax, fee, or equivalent charge shall be levied by the state against horse racing or pari-mutuel wagering thereon licensed and regulated by a...
- Section 11-65-30 Commission wagering fees
(a) Each horse racing operator shall pay to the treasurer of the commission licensing such operator a commission horse wagering fee for each calendar year...
- Section 11-65-30.1 Commission greyhound racing days
(a) During each calendar year, a greyhound racing operator shall be required to designate three racing days ("commission racing days") on which such operator will...
- Section 11-65-31 Purses for horse races and greyhound races
From the moneys deposited in pari-mutuel pools for horse races which constitute the "takeout" deducted by a horse racing operator pursuant to Section 11-65-28(b), each...
- Section 11-65-32 Televised simulcast programming of racing events
(a) A commission shall have the power to adopt rules and regulations specifying the conditions under which an operator, as part of its licensed activity,...
- Section 11-65-32.1 Televised racing and pari-mutuel wagering; pari-mutuel pools and takeout; construction
(a) Televised Racing Events in Alabama and Pari-Mutuel Wagering Thereon. The provisions of Section 11-65-32 to the contrary notwithstanding, any person now or hereafter licensed...
- Section 11-65-33 Racetrack admission fee
The governing body of a sponsoring municipality may by ordinance impose a fee on an operator licensed under this chapter to conduct either horse racing...
- Section 11-65-34 Horse breeding fund
Each commission shall establish a special fund to promote the breeding, raising, and racing of horses in the state, which shall be known as "The...
- Section 11-65-35 Concerning certain taxes
The state horse wagering fee, the commission horse wagering fee, and any other fees or taxes imposed by this chapter shall constitute all license, privilege,...
- Section 11-65-36 Application of net commission revenues
All commission horse wagering fees, commission greyhound wagering fees, and other fees, commissions, and moneys, including fines and forfeitures, to which a commission shall be...
- Section 11-65-37 Conducting race without license prohibited; wagering on certain races prohibited
Any person who, directly or indirectly, holds any horse race or greyhound race without having procured an operator's license as prescribed in this chapter shall...
- Section 11-65-38 Disqualification due to gambling activities
No person who engages in the practice of professional gambling on horse races or greyhound races, or in the practice of making gambling or wagering...
- Section 11-65-39 Tampering with racing animals prohibited
No person shall influence or have any understanding or connivance with (i) any owner, trainer, jockey, driver, groom, or other person associated with or interested...
- Section 11-65-40 Transmission of racing information prohibited
With the exception of televised simulcast programming of horse races and greyhound races authorized in accordance with Section 11-65-32, it shall be unlawful for any...
- Section 11-65-41 Possession of certain drugs prohibited
The possession or transportation of any drug or chemical within the racing enclosure of a racing facility under the jurisdiction of a commission is prohibited...
- Section 11-65-42 Misuse of license
Any credential, license, or permit issued by a commission, if used by the holder thereof for a purpose other than identification and in the performance...
- Section 11-65-43 Racing under unregistered name prohibited
No person shall knowingly enter or race any horse in any running or harness race under any name or designation other than the name or...
- Section 11-65-44 Presence of underage persons prohibited
No person under 19 years of age shall be employed for any purpose in or about a racing facility where either horse racing or greyhound...
- Section 11-65-45.1 Limitation of personal liability of commission members and officers
An individual member of a commission or any officer, employee, or agent thereof shall not in any way be personally liable for any liability, loss,...
- Section 11-65-47 Applicability of chapter; severability of provisions
Insofar as the provisions of this chapter may be inconsistent with the provisions of any other law concerning activities and actions authorized by this chapter,...
- Chapter 66 MUNICIPAL GOVERNMENT CAPITAL IMPROVEMENT.
- Section 11-66-1 Short title
This chapter may be cited as the "Municipal Government Capital Improvement Act."
- Section 11-66-2 Legislative findings and declaration of purpose
It is the desire of the state to assist in the restoration and improvement of municipal government buildings, roads, streets, and other facilities, and to...
- Section 11-66-3 Definitions
As used in this chapter, the following words and phrases shall have the following respective meanings: (1) FISCAL YEAR. The fiscal year of the state...
- Section 11-66-4 Fund created
For the continuing benefit of the State of Alabama and the citizens thereof, there is hereby created the "Municipal Government Capital Improvement Fund" which shall...
- Section 11-66-5 Appropriations
Beginning October 1, 1986, in addition to all other appropriations heretofore or hereafter made there is hereby annually appropriated from the General Fund of the...
- Section 11-66-6 Distribution of fund capital
The fund capital shall be distributed to the incorporated municipalities of the state and shall be paid on April 15 of the fiscal year for...
- Section 11-66-7 Payment of allocations
The State Comptroller shall make all allocations of funds and shall make the distribution and payments thereof pursuant to such allocations provided for in this
- Chapter 67 ABATEMENT OF WEEDS.
- Article 1 Abatement of Weeds in Class 2 Municipalities.
- Division 1 General Provisions.
- Section 11-67-1 Article applicable to Class 2 municipalities
The provisions of this article shall only apply to Alabama Class 2 municipalities.
- Section 11-67-2 Weeds may be declared public nuisance and abated
All weeds growing upon the streets, sidewalks, or upon private property within Class 2 municipalities of this state, which bear seeds of a wingy or...
- Section 11-67-3 Resolution declaring weeds to be public nuisance and ordering abatement
Whenever any such weeds are growing upon any street, sidewalk, or private property the governing body of any such Class 2 municipality may, by resolution,...
- Section 11-67-4 Notice to owner of public hearing; contents; publication in newspaper; posting of signs and form thereof
After the passage of said resolution, notice of a public hearing on the matter shall be given by certified mail, return receipt requested, mailed 30...
- Section 11-67-5 Hearing procedure; decision of council; jurisdiction to remove weeds; finality of decision
If objections are filed, at the time stated in said notice, the council of the City of Mobile shall hear and consider all evidence, objections,...
- Section 11-67-6 Entry of municipal employees and agents on property to abate nuisance; abatement by private contractor; right of owner to have weeds removed at own expense
After the council passes the resolution finding the conditions of the property to be a nuisance and ordering its abatement, all employees and duly authorized...
- Section 11-67-7 Account of cost of abatement or removal of nuisance; report to governing body; posting of report
Each Class 2 municipality shall keep an account of the cost of abating or removing such nuisance in front of or on each separate lot...
- Section 11-67-8 Hearing on cost of abatement or removal of nuisance; costs to constitute weed liens; report to Tax Collector; amounts to be included in tax bills; collection
At the time fixed for receiving and considering said report, the governing body shall hear the same, together with any objections which may be raised...
- Section 11-67-9 Effect of resolutions and account reports confirmed before enactment of article
All resolutions authorizing abatement or removal of nuisances enacted prior to the passage of this article under the authority of any other act are hereby...
- Division 2 Abatement of Repeat Nuisance.
- Article 2 Abatement of Weeds in Class 5 and Class 6 or Class 8 Municipalities.
- Section 11-67-20 Applicability of article
This article shall only apply to Alabama Class 5 and Class 6 or Class 8 municipalities.
- Section 11-67-21 Weeds which may be declared public nuisance and abated
All weeds growing upon the streets, sidewalks, or upon private property within Class 5 or Class 6 or Class 8 municipalities of this state, which...
- Section 11-67-22 Resolution declaring weeds to be public nuisance and ordering abatement
Whenever any weeds are growing upon any street, sidewalk, or private property the governing body of any Class 5 or Class 6 or Class 8...
- Section 11-67-23 Notice to owner of public hearing; contents; publication in newspaper; posting of signs and form thereof
After the passage of the resolution, notice of a public hearing on the matter shall be given by certified mail, return receipt requested, mailed 30...
- Section 11-67-24 Hearing procedure; decision of council; jurisdiction to remove weeds; finality of decision
If objections are filed, at the time stated in said notice, the City Council of _____ shall hear and consider all evidence, objections, and protest...
- Section 11-67-25 Entry of municipal employees and agents on property to abate nuisance; abatement by private contractor; right of owner to have weeds removed at owner's expense
After the council passes the resolution finding the conditions of the property to be a nuisance and ordering its abatement, all employees and duly authorized...
- Section 11-67-26 Account of cost of abatement or removal of nuisance; report to governing body; posting of report
Each Class 5 or Class 6 or Class 8 municipality shall keep an account of the cost of abating or removing the nuisance in front...
- Section 11-67-27 Hearing on cost of abatement or removal of nuisance; costs to constitute weed liens; report to tax collector; amounts to be included in tax bills; collection
At the time fixed for receiving and considering said report, the governing body shall hear the same, together with any objections which may be raised...
- Section 11-67-28 Effect of resolutions and account reports confirmed before enactment of article
All resolutions authorizing abatement or removal of nuisances enacted prior to the passage of this article under the authority of any other act are hereby...
- Article 3 Abatement of Grass and Weeds in Certain Class 4 Municipalities.
- Article 4 Abatement of Weeds in Any Municipality.
- Section 11-67-60 Authority to abate public nuisance
An abundance of overgrown grass or weeds within a municipality that is injurious to the general public health, safety, and general welfare by providing breeding...
- Section 11-67-61 Weeds may be declared public nuisance; resolution to abate
Whenever any weeds are growing upon any street, sidewalk, or private property, the governing body of any incorporated municipality may, by resolution, declare the weeds...
- Section 11-67-62 Notice
(a) After the passage of the resolution, notice of a public hearing on the matter shall be given by certified mail, return receipt requested, mailed...
- Section 11-67-63 Hearing
If objections are filed, at the time stated in the notice, the governing body of the municipality shall hear and consider all evidence, objections, and...
- Section 11-67-64 Abatement of nuisance
(a) After the governing body passes the resolution finding the conditions of the property to be a nuisance and ordering its abatement, all employees and...
- Section 11-67-65 Report of costs
Each municipality shall keep an account of the cost of abating or removing the nuisance in front of or on each separate lot or parcel...
- Section 11-67-66 Confirmation of report; weed liens
At the time fixed for receiving and considering the report, the governing body shall hear the report, together with any objections which may be raised...
- Section 11-67-67 Article cumulative
This article is cumulative in its nature and in addition to any and all power and authority which a municipality may have under any other
- Section 11-67-68 Alternate abatement procedures; costs
(a) In the case of any property on which overgrown grass or weeds have been previously abated or on which abatement has been attempted through...
- Article 5 Abatement of Weeds in Class 7 Municipaities.
- Article 6 Abatement of Weeds in Certain Class 6 Municipalities.
- Division 1 Alternate Council Form of Government.
- Section 11-67-90 Article applicable only to certain Class 6 municipalities
This division shall apply only to a Class 6 municipality having an alternate council as provided in Section 11-43A-8, under the form of government provided...
- Section 11-67-91 Grass or weeds may be declared public nuisance and abated
(a) An abundance of overgrown grass or weeds within the municipality which is injurious to the general public health, safety, and general welfare by providing...
- Section 11-67-92 Notice
(a) Whenever in the opinion of the city official or any other city employee designated by the city manager, a nuisance exists, the official shall...
- Section 11-67-93 Failure to abate condition; assessing cost of abatement
(a) If the owner fails, neglects, or refuses to abate the condition after notice to do so, the enforcing official shall cause the offending grass...
- Section 11-67-94 Effect of redemption or sale
Where an assessment is made against a lot or lots or parcel or parcels of land, a subsequent redemption by a person authorized to redeem,...
- Section 11-67-95 Construction of division
This division is cumulative in its nature and in addition to any and all power and authority which a municipality may have under any other
- Part 2 Mayor-Council or Manager-Council Form of Government.
- Section 11-67-120 Division applicable only to certain Class 6 municipalities
This division shall apply only to a Class 6 municipality adopting the form of government provided in Chapter 44D of this title.
- Section 11-67-121 Grass or weeds may be declared public nuisance and abated
(a) An abundance of overgrown grass or weeds within the municipality which is injurious to the general public health, safety, and general welfare by providing...
- Section 11-67-122 Notice
(a) Whenever, in the opinion of the city official or any other city employee designated by the mayor, a nuisance exists, the official shall order...
- Section 11-67-123 Failure to abate condition; assessing cost of abatement
(a) If the owner fails, neglects, or refuses to abate the condition after notice to do so, the enforcing official shall cause the offending grass...
- Section 11-67-124 Effect of redemption or sale
Where an assessment is made against a lot or lots or parcel or parcels of land, a subsequent redemption by a person authorized to redeem,...
- Section 11-67-125 Construction of division
This division is cumulative in its nature and is in addition to any and all power and authority which a Class 6 municipality may have...
- Chapter 67A ABATEMENT OF INOPERABLE MOTOR VEHICLES IN CLASS 1 MUNICIPALITIES.
- Chapter 67B ABATEMENT OF INOPERABLE MOTOR VEHICLES IN CLASS 5 MUNICIPALITIES WITH A MAYOR/COMMISSION/CITY MANAGER GOVERNMENT.
- Chapter 68 HISTORIC PRESERVATION COMMISSIONS AND ARCHITECTURAL REVIEW BOARDS.
- Section 11-68-1 Purpose of chapter
The purposes of this chapter are to provide for the establishment of historic preservation commissions and architectural review boards, and to promote the educational, cultural,...
- Section 11-68-2 Establishment of historic preservation commission and architectural review boards
The governing body of any municipality electing to enact an ordinance, pursuant to this chapter, to provide for the creation, protection, and enhancement of historic...
- Section 11-68-3 Composition of commission; nomination of members; terms of office; removal; vacancies; officers; rules; reimbursement of expenses; personnel; annual report; meetings
(a) An historic preservation commission created by an ordinance enacted pursuant to this chapter shall be composed of not less than 7 members, who shall...
- Section 11-68-4 Status of commission as nonprofit agency exempt from taxation
An historic preservation commission shall constitute a non-profit governmental agency whose funds shall be used exclusively for public purposes. Such commission shall have tax exempt...
- Section 11-68-5 Powers and duties of commission
An historic preservation commission created by an ordinance enacted pursuant to this chapter shall be authorized to: (1) Preserve and protect buildings, structures, and sites...
- Section 11-68-6 Designation of historic properties and historic districts by municipality on recommendation of commission; criteria
(a) On recommendation of the historic preservation commission, a municipality enacting an ordinance, pursuant to this chapter, may designate historic properties and historic districts within...
- Section 11-68-7 Public hearing on proposed recommendation; notification of property owners
(a) Before the commission shall recommend the designation of an historic property or historic district, it shall hold a public hearing on the proposed recommendation...
- Section 11-68-8 Written notice of designation of historic property or district
Upon the designation of any historic property or historic district by a municipality, pursuant to an ordinance enacted pursuant to this chapter, the historic preservation...
- Section 11-68-9 Certificate of appropriateness prerequisite to changes in historic property or district; submission and consideration of application for certificate; rules, regulations, and standards; expedited procedure; records
(a) No change in the exterior appearance of an historic property or any building, structure, or site within an historic district may be made, and...
- Section 11-68-10 Appeal of denial to circuit court
Any person having a request for a certificate of appropriateness denied by the historic preservation commission, or architectural board as hereinafter provided, may appeal such...
- Section 11-68-11 Issuance of certificate; factors considered; reasons for rejection; application for reconsideration; effect of rejection on issuance of building permit
(a) The historic preservation commission shall approve an application and issue a certificate of appropriateness if it finds that the proposed change, erection, or demolition...
- Section 11-68-12 Institution of court proceedings to prevent violations and recover damages
The historic preservation commission, or the municipality creating the commission, shall be authorized to institute any appropriate action or proceeding in a court of competent...
- Section 11-68-13 Architectural review board; composition; nomination of members; terms; removal for cause; vacancies; officers; rules; reimbursement for expenses; personnel; meetings; multiple boards
(a) A municipality enacting an ordinance pursuant to this chapter, may elect to create an architectural review board, hereinafter sometimes called the board, to perform...
- Section 11-68-14 Effect of chapter on preexisting historic development commissions or architectural review boards
No provision of this chapter shall be construed to require the dissolution of any historic development commission or architectural review board created by an ordinance...
- Section 11-68-15 Applicability of chapter to highways, bridges, etc.; applicability of federal provisions
The provisions of this chapter shall not apply to a highway, road, street, bridge, or utility structure or facility, nor to any highway, road, street,...
- Chapter 69 RURAL SCENIC RIGHT-OF-WAY.
- Chapter 70 EXPEDITED QUIET TITLE AND FORECLOSURE ACTIONS IN CLASS 2 MUNICIPALITIES.
- Section 11-70-1 Applicability
This chapter shall apply only in a Class 2 municipality and provides the exclusive procedure for an expedited quiet title and foreclosure action for a...
- Section 11-70-2 Initiation and notice of action
(a) Class 2 municipalities may initiate an expedited quiet title and foreclosure action under this chapter against a parcel of tax sale property located within...
- Section 11-70-3 Petition
The municipality may file a single petition with the clerk of the circuit court for the judicial circuit in which the subject property is located...
- Section 11-70-4 Hearing scheduled
The circuit court petition under Section 11-70-3 shall set the date, time, and place for a hearing on the petition within 90 days. The court,...
- Section 11-70-5 Notice of hearing
(a) Not less than 30 days before the date on which the hearing on the quiet title and foreclosure petition is scheduled, the municipality shall...
- Section 11-70-6 Notice by publication
If the municipality is unable to identify the names and addresses of interested parties, or is unable to provide notice under Section 11-70-5, the municipality...
- Section 11-70-7 Proof of notice; objections
Prior to the circuit court hearing on the expedited quiet title and foreclosure action, the municipality shall file with the clerk of the circuit court...
- Section 11-70-8 Right to redeem; judgment
(a) If an interested party appears at the hearing and asserts a right to redeem the property, the party may redeem the property by paying...
- Section 11-70-9 Appeal
A municipality or interested party, within 42 days following the effective date of the judgment, may appeal the judgment of the circuit court to the...
- Section 11-70-10 Record of order
The municipality shall record the court's order in the probate court following the 42-day period after the entry of the order if no appeal is...
- Chapter 70A EXPEDITED QUIET TITLE AND FORECLOSURE ACTIONS IN CLASS 3 MUNICIPALITIES.
- Section 11-70A-1 Applicability
This chapter shall apply only in a Class 3 municipality and provides the exclusive procedure for an expedited quiet title and foreclosure action for a...
- Section 11-70A-2 Initiation and notice of action
(a) Any Class 3 municipality may initiate an expedited quiet title and foreclosure action under this section against a parcel of tax sale property located...
- Section 11-70A-3 Petition
The municipality may file a single petition with the clerk of the circuit court for the judicial circuit in which the subject property is located...
- Section 11-70A-4 Hearing scheduled
The circuit court petition under Section 11-70A-3 shall set the date, time, and place for a hearing on the petition within 90 days. The court,...
- Section 11-70A-5 Notice of hearing
(a) Not less than 30 days before the date on which the hearing on the quiet title and foreclosure petition is scheduled, the municipality shall...
- Section 11-70A-6 Notice by publication
If the municipality is unable to identify the names and addresses of interested parties, or is unable to provide notice under Section 11-70A-5, the municipality...
- Section 11-70A-7 Proof of notice; objections
Prior to the circuit court hearing on the expedited quiet title and foreclosure action, the municipality shall file with the clerk of the circuit court...
- Section 11-70A-8 Right to redeem; judgment
(a) If an interested party appears at the hearing and asserts a right to redeem the property, that party may redeem in accordance with Chapter...
- Section 11-70A-9 Appeal
A municipality or interested party may, within 42 days following the effective date of the judgment, appeal the judgment of the circuit court to the...
- Section 11-70A-10 Record of order
The municipality shall record the court's order in the probate court following the 42-day period after the entry of the order if no appeal is...
- Chapter 71 THE NEIGHBORHOOD INFRASTRUCTURE INCENTIVE PLAN ACT OF 2011.
- Section 11-71-1 Legislative findings
The Legislature makes the following statements and findings: (1) Cities have hundreds of miles of roads and streets located in subdivisions that are in need...
- Section 11-71-2 Short title; definitions
(a) This chapter shall be known as and may be cited as "The Neighborhood Infrastructure Incentive Plan Act of 2011." (b) For purposes of this...
- Section 11-71-3 Creation of Neighborhood Infrastructure Authority
(a) A municipality of this state may authorize the creation of a Local Neighborhood Infrastructure Authority to manage, coordinate, and collect voluntary assessments from homeowners...
- Section 11-71-4 Powers of authority
Any authority formed pursuant to this chapter shall have the following powers, in addition to those stated elsewhere in this chapter: (1) To enter into...
- Section 11-71-5 Liability; civil actions
(a) Authorities, members of boards of directors, officers, and agents of the authority shall have the same immunity from liability as a municipality and its...
- Section 11-71-6 Terms of office; vacancies
(a) Initial members of the board shall serve terms of office of four years, or until dissolution of the authority, whichever is sooner. Upon the...
- Section 11-71-7 Contracts; funding
(a) Upon the making of the preliminary assessments, the authority shall prepare contracts and shall contract on a competitively bid basis for the acquisition, construction,...
- Section 11-71-8 Refunding of excess funds
Following the completion of the acquisition, construction, or installation of the projects, if there are excess funds from assessments, after fully funding all reserves and...
- Section 11-71-9 Dedication of facilities and projects
Following completion of all projects of an authority and the dedication of the projects and related facilities, the municipality must formally accept the dedication of...
- Section 11-71-10 Dissolution and liquidation of authority
If at any time an authority has no assessments outstanding, and has paid all its indebtedness, and distributed any excess funds, the board may adopt...
- Section 11-71-11 Income tax credit
Each homeowner and business assessed pursuant to this chapter, beginning in the 2012 tax year, shall be eligible for an income tax credit of 10...
- Section 11-71-12 Expiration of chapter
This chapter shall automatically expire December 31, 2015, unless specifically extended by an act of the Legislature; however, all authorities in existence as of December...
- Chapter 72 TREE COMMISSION IN CLASS 2 MUNICIPALITY.
- Section 11-72-1 Short title; legislative findings
(a) This chapter shall apply only in a Class 2 municipality. (b) It is hereby declared that the trees on private property and in publicly...
- Section 11-72-2 Creation; composition
There is created a Tree Commission within each Class 2 municipality, to consist of the same number of members as the number of members of...
- Section 11-72-3 Compensation; officers
Members of the commission shall serve without salary or remuneration. They shall annually elect from among their number a chair, a vice chair, a secretary,...
- Section 11-72-4 Funding
The commission is authorized to accept contributions and to expend the same for the purposes of carrying out its duties and obligation imposed by this
- Section 11-72-5 Ownership and maintenance of trees
The Class 2 municipality and other governmental subdivisions and agencies of the state, shall continue to be the owners of and, subject to the provisions...
- Section 11-72-6 Departmental cooperation
The Tree Commission shall cooperate with and coordinate its activities with the Public Works Department, the Department of Parks and Recreation, and other departments of...
- Section 11-72-7 Duties of the commission
The commission shall take active steps to do each of the following: (1) Educate the public as to the economic and aesthetic benefits of trees...
- Section 11-72-8 Powers of the commission; recordkeeping
(a) The commission may do all of the following: (1) Adopt bylaws and rules and regulations pursuant to this chapter. (2) Meet at least once...
- Section 11-72-9 Application and permission to cut, remove, trim, etc.; emergency exceptions
(a) Except as provided in subsection (b), no person shall cut, remove, trim, or in any way damage any tree in any street right-of-way in...
- Section 11-72-10 Appeals
Any person aggrieved by any decision of any officer or agent of the commission to whom its duties are delegated, or of any decision of...
- Section 11-72-11 Violations
Any person who violates the provisions of this chapter shall be guilty of a Class C misdemeanor.
- Chapter 73 Low Speed Vehicle Operation on Streets
Last modified: May 3, 2021