Code of Alabama - Title 45: Local Laws - Section 45-37A-52.56 - Powers

Section 45-37A-52.56 - Powers.

Except those powers specifically granted by this part to the mayor or as otherwise granted to the mayor by law, all powers of the city, including all powers vested in it by this part, by the laws, general and local, of the state, and the determination of all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council shall have power to:

(1) Adopt the budget of the city.

(2) Authorize the issuance of bonds or warrants.

(3) Inquire into the conduct of any office, department, or agency of the city and make investigations as to municipal affairs.

(4) Except as otherwise provided by law or Act 2016-277, appoint the members of all boards, commissions, or other bodies authorized hereunder or by law. This provision for appointment of members of boards, commissions, or other bodies authorized hereunder or by law shall supersede any different provision for appointment of such members contained in any statute or ordinance in effect at the time of adoption by the city of the mayor-council form of government set up by this part, and shall include power to remove any member of any board, commission, or body to the same extent as might be done by the governing body of the city at the time of adoption by the city of the mayor-council form of government set up by this part and to appoint another in his or her stead. And wherever in any statute in effect at the time of adoption by the city of the mayor-council form of government the chief executive officer of the city is designated to act in any capacity ex officio, the mayor shall act. This subdivision shall not override the express terms of the Lewis Spratt Act, Subpart 1, commencing with Section 45-37A-50, Part 1 of this article.

(5) Succeed to all the powers, rights, and privileges conferred upon the former governing body of the city by statutes in effect at the time of adoption by the city of the mayor-council form of government and not in conflict with this part.

(6) Levy property and license taxes and local improvement assessments.

(7) Employ for and on behalf of the city such employees as the council may deem necessary to assist the council and perform such duties relating to the work of the council as the president of the council may assign. Each such employee shall serve at the pleasure of the council at such compensation as the council may set, and shall not be under any merit or civil service system. Each such employee shall by reason of such employment become a member of the pension system covering the general employees of such city, if there be such a system, to the same extent and in the same manner as other general employees of the city; provided, application for such inclusion in such pension system be made to the board or other authority administering such pension system within 30 days of May 31, 1984, or, thereafter, within 30 days of their appointment. If no such application be made within such time, such council employees shall not hereafter be a member of such system.

(Acts 1955, No. 452, p. 1004, §3.07; Acts 1973, No. 495, p. 726, §1; Act 84-439, p. 1018, §1; Act 84-629, p. 1279, §1; Act 2016-277, §1.)

Last modified: May 3, 2021