Code of Alabama - Title 41: State Government - Section 41-10-760 - Notice - Contested actions

Section 41-10-760 - Notice - Contested actions.

(a) Upon the adoption by the directors of any resolution providing for the issuance of bonds, the authority may cause to be published once a week for two consecutive weeks, in newspapers published or having a general circulation in the Cities of Birmingham, Montgomery, Huntsville, and Mobile, a notice in substantially the following form, at the end of which shall be printed the name and title of either the president or the secretary of the authority:

"Alabama Economic Settlement Authority, a public corporation under the laws of the State of Alabama, on the ____ day of ______, authorized the issuance of $_____ principal amount of bonds for purposes authorized in Article 19, Chapter 10 of Title 41 of the Code of Alabama 1975. The proceeds from the sale of the bonds are proposed to be used to __________. Any action or proceeding questioning the validity of the bonds, the security thereof, the use of the proceeds thereof, or the proceedings authorizing the bonds, shall be commenced within 30 days after the first publication of this notice."

(b) Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in the notice or to contest the validity of any bonds or the validity of security therefor, or the validity of the proposed use of the proceeds thereof must be commenced within 30 days after the first publication of the notice. After the expiration of the period, no right of action or defense questioning or attacking the foregoing shall be asserted, nor shall the validity of the proceeding, bonds, security, or use of proceeds be open to question in any court on any ground whatsoever except in an action commenced within the period.

(Act 2016-469, 1st Sp Sess., §11.)

Last modified: May 3, 2021