Code of Alabama - Title 45: Local Laws - Chapter 49A - Mobile County Municipalities

• Article 1 Bayou La Batre.
• Section 45-49A-10 Authority to form public corporation
  The governing body of the City of Bayou La Batre, Mobile County, Alabama, may declare by the adoption of appropriate resolution the need for the...
• Section 45-49A-10.01 Certificate of incorporation
  The certificate of incorporation of the corporation shall state: The names of the persons forming the corporation, together with the residence of each thereof and...
• Section 45-49A-10.02 Filing of certificate
  The certificates of incorporation with the documents attached shall be filed with the Judge of Probate of Mobile County and with the Secretary of State,...
• Section 45-49A-10.03 Board of directors
  All powers of the corporation shall be exercised by the board of directors or pursuant to its authority. The directors shall be elected by the...
• Section 45-49A-10.04 Powers of corporation
  A corporation organized and established under this article shall have the following powers: (1) To adopt bylaws for the regulation of its affairs and the...
• Section 45-49A-10.05 Power to borrow money and issue revenue bonds
  (a) The corporation shall have the power to borrow money and to issue revenue bonds as evidence of any money borrowed, which bonds shall be...
• Section 45-49A-10.06 Contract requirements
  The contracts of the corporation shall be executed in the name of the corporation by the president of the corporation and attested by the secretary...
• Section 45-49A-10.07 Lease, sale, donation, or transfer of property to the corporation
  Mobile County or the City of Bayou La Batre, or any city within the county, is authorized, but not required, to lease, sell, donate, or...
• Section 45-49A-10.08 Debts, obligations, or liabilities of corporation
  No debt, obligation, or liability contracted or incurred by the corporation or by any director, officer, employee, or agent of the corporation shall be a...
• Section 45-49A-10.09 Exemption from taxation
  All property of the corporation shall be exempt from state, county, and city taxation; and the corporation shall be exempt from license or privilege licenses...
• Article 2 Chickasaw.
• Section 45-49A-20 Demolition of unsafe structures
  The governing body of the Municipality of Chickasaw shall have authority, after notice as provided herein, to move or demolish buildings and structures, or parts...
• Section 45-49A-20.01 Appropriate city officials; notice
  The term appropriate city official, as used in this article shall mean any city official or city employee designated by the mayor or other chief...
• Section 45-49A-20.02 Hearings on unsafe structures; orders; appeals
  Within the time specified in such notice, but not more than 60 days from the date such notice is given, any person, firm, or corporation...
• Section 45-49A-20.03 Report of cost of demolition; resolution fixing costs; sale of salvaged materials; notice
  Upon demolition of such building or structure, the appropriate city official shall make report to the governing body of the cost thereof, and such governing...
• Section 45-49A-20.04 Assessment of costs; sale and redemption of lots
  The city shall have the power to assess the costs authorized herein against any lot or lots, parcel or parcels of land purchased by the...
• Section 45-49A-20.05 Payment of assessments
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• Section 45-49A-20.06 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 3 Citronelle.
• Section 45-49A-30 Distribution of additional state sales tax revenues on alcoholic beverages
  The city governing body shall distribute all tax revenues received by the City of Citronelle, Mobile County, pursuant to Article 10, commencing with Section 28-3-280,...
• Section 45-49A-30.01 Official volunteer fire department; official historical society
  (a) The governing body of the City of Citronelle shall designate the volunteer fire department serving the city and a historical society as the official...
• Article 4 Creola.
• Section 45-49A-40 Reserved
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• Article 5 Dauphin Island.
• Section 45-49A-50 Reserved
• Article 6 Mobile.
• Part 1 Elected Officials.
• Section 45-49A-60 Retirement benefits
  (a) This section shall apply to any municipality in the State of Alabama having a population, according to the latest federal census, between 175,000 and...
• Section 45-49A-60.01 Disclosure of campaign contributions for candidates of city government
  This section shall apply to the City of Mobile in Mobile County. Within 15 days after a municipal election and within 30 days after any...
• Part 2 Employees.
• Section 45-49A-61 Supplemental retirement benefits
  (a) This section shall apply in all cities in this state which have a population of not less than 175,000 nor more than 275,000 according...
• Part 3 Health and Environment.
• Section 45-49A-62 Cost-of-living increase for board of health retirees
  In Mobile County, any person who retired from the Board of Health of the City of Mobile prior to September 7, 1967, is hereby authorized...
• Section 45-49A-62.01 Regulation of intermittent food service establishments for certain temporary exempt events
  (a) For the purposes of this section, the following terms shall have the following meanings: (1) INTERMITTENT FOOD SERVICE ESTABLISHMENT. Any entity that has a...
• Section 45-49A-62.02 Abatement and removal of inoperable motor vehicles from private property as public nuisances
  (a) For purposes of this section, the term inoperable motor vehicle shall mean any motor vehicle, trailer, recreational vehicle, camper, or semi-trailer that has remained...
• Part 4 Policemen's and Firemen's Pension and Relief System.
• Division 1 General Provisions.
• Section 45-49A-63 Definitions
  As used in this part, the following words and terms shall have meanings as follows: (1) ANNUITY STARTING DATE. The first day for which a...
• Division 2 Membership.
• Section 45-49A-63.20 Membership requirements
  Every uniformed officer shall be a member in this plan as of the date he or she first becomes a uniformed officer. Membership in this...
• Section 45-49A-63.21 Events affecting membership
  A person's membership in the plan shall end when he or she is no longer employed as a uniformed officer or, if he or she...
• Section 45-49A-63.22 Membership upon reemployment
  If a uniformed officer's membership in the plan ends and he or she again becomes a uniformed officer, he or she shall again become a...
• Division 3 Service.
• Section 45-49A-63.40 Period of service
  Except as otherwise provided in this part, a member's service shall be his or her period of service as a uniformed officer as determined in...
• Section 45-49A-63.41 Military service
  (a) If a member shall have been absent from service as a uniformed officer because of service in the uniformed services of the United States...
• Section 45-49A-63.42 Restoration of retired member or other former member to service
  (a) If a member entitled to a benefit under Section 45-49A-63.60, Section 45-49A-63.61, or subsection (a) of Section 45-49A-63.62 of the plan is restored to...
• Division 4 Eligibility for and Amount of Benefits.
• Section 45-49A-63.60 Retirement
  (a) Except as provided in Section 45-49A-63.66, a member who first became a uniformed officer prior to March 28, 1990, and who terminates his or...
• Section 45-49A-63.61 Disability
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• Section 45-49A-63.62 Termination of employment
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• Section 45-49A-63.63 Death
  (a) If a member eligible for a retirement benefit under Section 45-49A-63.60 or a member eligible for a benefit under subsection (a) of Section 45-49A-63.62...
• Section 45-49A-63.64 Cost-of-living increases
  The board, after consultation with its actuary and other advisors, may from time to time grant such cost-of-living increases in the benefits being paid to...
• Section 45-49A-63.65 Maximum benefit limitation
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• Section 45-49A-63.66 Forfeiture for cause
  Notwithstanding anything in the plan to the contrary, if a member shall at any time be convicted of a Class A felony or of an...
• Division 5 Payment of Benefits.
• Section 45-49A-63.80 Benefit payments
  (a) Benefits payable to a member under Section 45-49A-63.60, Section 45-49A-63.61, or subsection (a) of Section 45-49A-63.62 shall be payable in monthly installments beginning on...
• Section 45-49A-63.81 Optional forms of payment
  (a) Any member entitled to a benefit under Section 45-49A-63.60, Section 45-49A-63.61, or subsection (a) of Section 45-49A-63.62 may elect to receive the benefit payable...
• Section 45-49A-63.82 Election of options
  (a) An election under Section 45-49A-63.81 shall be made in a time and manner determined by the board and shall be signed by the member...
• Section 45-49A-63.83 Distribution limitation
  Notwithstanding any other provision of this subpart, all distributions from this plan shall conform to the regulations issued under Section 401(a)(9) of the code, including...
• Section 45-49A-63.84 Direct rollover of certain distributions
  (a) Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this subpart, a distributee may elect, at...
• Division 6 Contributions.
• Section 45-49A-63.100 Fines
  The city shall pay into the fund monthly an amount equal to five percent of all fines and moneys, except costs of court, paid as...
• Section 45-49A-63.101 Insurance premiums
  (a) On or before the first day of March of each year, each insurance company writing fire insurance on property within the city limits and...
• Section 45-49A-63.102 Member contributions
  Eight percent of the salary of every uniformed officer with less than 30 years of service shall be deducted from his or her pay and...
• Section 45-49A-63.103 Donations
  Any person, firm, association, or corporation may donate money to the fund and the board may take by gift, grant, devise, or bequest any money,...
• Section 45-49A-63.104 City contributions
  (a) The city shall contribute to the fund an amount equal to the excess, if any, of (i) the annual actuarial cost for the plan...
• Section 45-49A-63.105 Return of contributions
  The city may recover without interest the amount of its contributions to the plan made on account of a mistake in fact, reduced by any...
• Division 7 Administration of Plan.
• Section 45-49A-63.120 Appointment of board
  (a) The board is responsible for the general administration of the plan and for carrying out the plan. The board shall consist of (i) three...
• Section 45-49A-63.121 Elections
  All elections of uniformed officers to the board shall be by secret ballot and shall be administered by the city clerk. Elections shall be held...
• Section 45-49A-63.122 Vacancies
  Vacancies among the elected members of the board shall be filled by special election to be called by the city clerk not later than 30...
• Section 45-49A-63.123 Duties of board
  (a) The members of the board shall elect a chair from their number; may appoint from their number such subcommittees with such powers as they...
• Section 45-49A-63.124 Establishment of rules
  Subject to the limitations of the plan, the board from time to time shall establish rules for the administration of the plan and the transaction...
• Section 45-49A-63.125 Meetings
  (a) The board shall meet not less than once each month and at such other times as may be considered necessary by the chair of...
• Section 45-49A-63.126 Compensation and bonding
  No board member shall receive any compensation from the plan for his or her services as such; however, board members may be reimbursed for any...
• Section 45-49A-63.127 Prudent conduct
  The members of the board shall use that degree of care, skill, prudence, and diligence that a prudent person acting in a like capacity and...
• Section 45-49A-63.128 Maintenance of accounts
  The board shall maintain accounts showing the fiscal transactions of the plan and shall keep in convenient form such data as may be necessary for...
• Section 45-49A-63.129 Service in more than one fiduciary capacity
  Any individual, entity, or group of persons may serve in more than one fiduciary capacity with respect to the plan and/or the fund.
• Section 45-49A-63.130 Limitation of liability
  The city, the board, the members of the board, and any officer, employee, or agent of the city shall not incur any liability individually or...
• Section 45-49A-63.131 Indemnification
  The members of the board and the officers, employees, and agents of the city shall be indemnified against any and all liabilities arising by reason...
• Section 45-49A-63.132 City attorney to represent board
  It shall be the duty of the city attorney to give advice to the board in all matters pertaining to the duties of the board...
• Section 45-49A-63.133 Expenses of administration
  Except as may be otherwise specified in this plan, all expenses that arise in connection with the administration of the plan including, but not limited...
• Section 45-49A-63.134 Deferred retirement option plan
  The board may create and administer a deferred retirement option plan (DROP Plan) on such terms and conditions as the board may prescribe; however, any...
• Division 8 Management of Funds.
• Section 45-49A-63.150 Trustee
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• Section 45-49A-63.151 Exclusive benefit rule
  Except as otherwise provided in the plan, no part of the corpus or income of the fund shall be used for, or diverted to, purposes...
• Division 9 Amendment, Merger, and Termination.
• Section 45-49A-63.170 Amendment of plan
  (a) The board, with approval by a majority vote of the city council or like governing body of the city, reserves the right at any...
• Section 45-49A-63.171 Termination of plan
  The city may terminate the plan with the consent of the majority of the plan's members at the time of the termination, for any reason...
• Section 45-49A-63.172 Limitation concerning highly compensated employees or highly compensated former employees
  (a) This section shall apply (i) in the event the plan is terminated, to any member who is a highly compensated employee of the city...
• Division 10 Miscellaneous Provisions.
• Section 45-49A-63.190 Nonalienation
  Except as required by any applicable law, no benefit under the plan shall in any manner be anticipated, assigned, or alienated, and any attempt to...
• Section 45-49A-63.191 Conditions of employment not affected by plan
  The establishment of the plan shall not confer any legal rights upon any uniformed officer or other person for a continuation of employment, nor shall...
• Section 45-49A-63.192 Facility of payment
  If the board shall find that a member or other person entitled to a benefit is unable to care for his or her affairs because...
• Section 45-49A-63.193 Information
  Each member or other person entitled to a benefit, before any benefit shall be payable to him or her or on his or her account...
• Section 45-49A-63.194 Appeals from board decisions
  (a) Within 10 days after any final decision of the board, the city or any person aggrieved at the decision of the board may appeal...
• Section 45-49A-63.195 Prevention of escheat
  If the board cannot ascertain the whereabouts of any person to whom a payment is due under the plan, the board may, after such payment...
• Section 45-49A-63.196 Severability
  The provisions of this plan are severable. If any part of the plan is declared invalid or unconstitutional, such declaration shall not affect the remaining...
• Section 45-49A-63.197 Construction
  (a) The plan shall be construed, regulated, and administered under the laws of the State of Alabama, except where the provisions of the code or...
• Part 5 Public Transit System.
• Section 45-49A-64 Purpose; legislative findings
  (a) The Legislature has found and determined and does hereby declare that in municipalities having a population of not less than 175,000 nor more than...
• Section 45-49A-64.01 Definitions
  The following words and phrases used in this part, and others evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise,...
• Section 45-49A-64.02 Use of phrases
  (a) The following provisions shall be applied wherever appropriate herein: Herein, hereby, hereunder, hereof, and other equivalent words refer to this part as an entirety...
• Section 45-49A-64.03 Filing of application; authorization of incorporation
  (a) A public corporation may be organized pursuant to this part in any municipality having a population of not less than 175,000 nor more than...
• Section 45-49A-64.04 Procedure to incorporate; contents and execution of certificate of incorporation
  (a) Within 40 days following the adoption of an authorizing resolution by the governing body, the applicants shall proceed to incorporate an authority by filing...
• Section 45-49A-64.05 Amendments to certificate of incorporation
  (a) The certificate of incorporation of any authority incorporated under this part may at any time and from time to time be amended in the...
• Section 45-49A-64.06 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 pursuant to its...
• Section 45-49A-64.07 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 45-49A-64.08 Rates, fees, and charges
  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 45-49A-64.09 Bonds of authority
  (a) All bonds issued by the authority shall be signed by the chair of its board or other chief executive officer and attested by its...
• Section 45-49A-64.10 Contracts to secure bonds and assumed obligations
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• Section 45-49A-64.11 Statutory mortgage lien
  Any resolution of the board or trust indenture under which bonds may be issued pursuant to this part may contain provisions creating a statutory mortgage...
• Section 45-49A-64.12 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 45-49A-64.13 Cooperation; aid from other public bodies
  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 45-49A-64.14 Exemption from taxation
  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 45-49A-64.15 Freedom of authority from Public Service Commission and other state supervision and control
  This part is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full...
• Section 45-49A-64.16 Use of public roads
  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 45-49A-64.17 Annual budget and 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 45-49A-64.18 Employee membership in union permitted; civil service or merit systems not applicable
  Any employee of the authority may join or participate in a labor union. No employee of the authority shall be subject to the provisions of...
• Section 45-49A-64.19 Dissolution of authority and vesting 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 45-49A-64.20 Employee protective provisions
  (a) The rights, benefits, and other employee protective conditions and remedies of Section 13(c) of the Urban Mass Transportation Act of 1964, as amended (49...
• Section 45-49A-64.21 Limitation on eminent domain
  Nothing herein shall be construed to authorize the acquisition by eminent domain of any real property or rights owned or held by railroads or utilities,...
• Section 45-49A-64.22 Existence of authority prevents subsequent incorporation
  The existence of an authority incorporated under this part, shall prevent the subsequent incorporation hereunder of another authority in the same county.
• Part 6 Youth Athletic Board.
• Section 45-49A-65 Creation; composition
  (a) There is hereby created and established the Mobile City Youth Athletic Board, hereinafter referred to as the board. Each of the below-listed associa- tions...
• Section 45-49A-65.01 Terms; vacancies
  Members of the board first shall be appointed as follows: The members from Municipal Park Baseball, Inc., Springhill-Forest Hill Youth A.A., Inc., Southern Little League,...
• Section 45-49A-65.02 Officers; exercise of powers; compensation
  A chair and a vice chair shall be elected by the board from among its members. In the absence or incapacity of the chair, the...
• Section 45-49A-65.03 Distribution of tax proceeds
  The board shall have the power and it shall be its duty to distribute to the various member associations the tax proceeds as provided in...
• Section 45-49A-65.04 Registration of youths
  Each association enumerated in Section 45-49A-65 shall register youths under 19 years of age who reside inside the corporate limits of the City of Mobile...
• Section 45-49A-65.05 Disposition of funds
  (a) Fifty percent of the tax proceeds distributed to the City of Mobile pursuant to Section 28-3-281, shall be transferred by the city treasurer to...
• Section 45-49A-65.06 Annual audit
  Each association shall submit an annual audit to the board on or before April 30 of each year as to how the funds were spent...
• Article 7 Mount Vernon
• Section 45-49A-70 Reserved
• Article 8 Prichard.
• Part 1 City Government.
• Section 45-49A-80 City council districts
  (a) The Judge of Probate of Mobile County shall divide the City of Prichard into five districts which shall be homogeneous in area and nearly...
• Section 45-49A-80.01 Vacancies
  Whenever a vacancy occurs in the office of mayor in the City of Prichard in Mobile County, Alabama, with six months or more remaining in...
• Section 45-49A-80.02 Meetings
  The Prichard City Council shall meet not less than 48 times per year on dates and at times to be decided by the city council.
• Part 2 Employees.
• Section 45-49A-81 Municipal Employees Pension and Relief Fund
  There is hereby created and provided for in the City of Prichard, Alabama, a special fund to be known as the Municipal Employees Pension and...
• Section 45-49A-81.01 Maintenance of funds
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• Section 45-49A-81.02 Pension and relief system
  In carrying out any program established in an enterprise zone created hereunder, the governing body of the county in which the city is situated, and...
• Section 45-49A-81.03 Donations or gifts to fund
  Monies or other things of value may be donated to the fund by any person, firm, or corporation. Such donations or gifts may be outright,...
• Section 45-49A-81.04 Investment of funds
  All monies properly belonging to the fund shall be kept in a separate account or accounts, and may, in the discretion of the persons charged...
• Section 45-49A-81.05 Coverage under part
  Every present active permanent employee of the City of Prichard shall come under the provisions and benefits of this part; provided, that no elected officials...
• Section 45-49A-81.06 Applications for pensions and relief
  The City Council of the City of Prichard, Alabama, shall hear and decide all applications for pensions and relief under this part, and the decision...
• Section 45-49A-81.07 Payments by trustee; exemption from garnishment levy, etc
  Directions to the trustee for payments provided herein shall be signed by the regular constituted authorities of the City of Prichard, Alabama. The trustee shall...
• Section 45-49A-81.08 Temporary total disability of city employee
  (a) If any employee of the City of Prichard, Alabama, while in the performance of his or her duties, becomes and is found to be...
• Section 45-49A-81.09 Permanent disability of city employee
  If any employee of the City of Prichard, Alabama, while in the performance of his or her duties, becomes or is found to be physically...
• Section 45-49A-81.10 Pension eligibility for certain employees – 20 years of service
  (a) Any employee of the City of Prichard, except as herein otherwise provided, who has been in the service of the city for as long...
• Section 45-49A-81.11 Pension eligibility for certain employees – 25 years of service
  (a) Any employee of the City of Prichard who has been in the service thereof for as long as 25 years, the last four years...
• Section 45-49A-81.12 Benefits for widows and orphans
  (a) In the event of the death of a married employee and if at the time of such death the employee (1) is in the...
• Section 45-49A-81.13 Examination of employee
  In all matters involving the sickness or disability of an employee of the city, the city council, or other governing body shall have such disabled...
• Section 45-49A-81.14 Insufficiency of funds
  The benefits provided for the employees of the City of Prichard hereunder shall not be reduced or prorated among those properly entitled thereto and should,...
• Section 45-49A-81.15 List of retired employees
  There shall be kept by the Clerk of the City of Prichard, or some person designated by such clerk, a book to be known as...
• Section 45-49A-81.16 Duties of city attorney
  It shall be the duty of the city attorney to give advice to the City Council of the City of Prichard, and to those selected...
• Section 45-49A-81.17 Board of pensions
  There is hereby created a board to be known as the board of pensions, for the purpose of carrying out this part. The board shall...
• Section 45-49A-81.18 Election not to participate; subsequent application
  Any employee of the City of Prichard at the original date of this part could elect at any time not to come within the provisions...
• Section 45-49A-81.19 Applicability of part
  This part shall apply to all persons except elected officials who are now or who may hereafter be in the permanent employment of the City...
• Section 45-49A-81.20 Severability
  If any section, paragraph, sentence, clause, word, or other provision of this part shall be held or declared to be unconstitutional or void by any...
• Section 45-49A-81.21 Return of contributions
  Whenever any person who contributes to the fund provided for by this part shall leave the service for any reason he or she will be...
• Section 45-49A-81.22 Implementation, construction, and enforcement of part
  This part shall take effect immediately upon its passage and approval by the Governor or its otherwise becoming a law; provided, that this part shall...
• Part 3 Enterprise Zones.
• Section 45-49A-82 Legislative findings; purpose
  The Legislature of Alabama finds and declares that the health, safety, and welfare of the people of the City of Prichard, in Mobile County, Alabama,...
• Section 45-49A-82.01 Creation of enterprise zones
  In order to further the purposes of this part, the municipal governing body is hereby authorized to create by ordinance one or more specific areas...
• Section 45-49A-81.02 Programs authorized
  In carrying out any program established in an enterprise zone created hereunder, the governing body of the county in which the city is situated, and...
• Part 4 Utilities.
• Section 45-49A-83 Prichard Communication Authority
  (a) There is created the Prichard Communication Authority. (b)(1) The authority shall be governed by a board of directors consisting of five members who shall...
• Article 9 Saraland.
• Section 45-49A-90 Warrant recall fee
  (a)(1) Notwithstanding any law to the contrary, a municipal magistrate of the City of Saraland may assess a defendant with a warrant recall fee that...
• Article 10 Satsuma.
• Section 45-49A-100 Reserved
• Article 11 Theodore.
• Section 45-49A-110 Reserved
• Article 12 Wilmer.
• Section 45-49A-120 Transfer of certain services upon dissolution of municipality
  If the Municipality of Wilmer is dissolved, the following services and administrative responsibility shall be transferred as follows: (1) All radio communication shall be coordinated...

Last modified: May 3, 2021