Ala. Code § 11-61A-22 — Alabama Code / Title 2 / Chapter 61A / Section 11-61A-22
Section 11-61A-22 Advertising and Award Laws Are Applicable
Status: in_force

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 shall be applicable to any authority granted permission to incorporate by the authorizing subdivision. Nothing herein shall exempt the authorities from laws relating to surety bond requirements for such contracts.
Ala. Code § 11-43A-73 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-73
Section 11-43A-73 Continuation of Municipal Corporation
Status: in_force

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 corporation. The word “municipality” as herein used shall mean and refer to any municipal corporation which elects to come within the provisions of this article. The municipality shall continue as a municipal corporation within the corporate limits as then established, including all annexations, and as thereafter fixed in the manner prescribed by law, subject to all of the duties and obligations then pertaining to or incumbent upon it as a municipal corporation, and shall continue to enjoy the rights, immunities, powers, and franchises then enjoyed by it, as well as those that may thereafter be granted to it.
Ala. Code § 11-54B-82 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-82
Section 11-54B-82 Development and Maintenance of Self-Help Business Improvement Districts
Status: in_force

A municipality, by ordinance, may provide for the creation and maintenance of one or more self-help business improvement districts pursuant to this article. This article is intended as the exclusive procedure by which a Class 3 municipality may create and maintain a self-help business improvement district.
Ala. Code § 11-42-3 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-3
Section 11-42-3 Subsequent Extensions of Corporate Limits; Requirement as to Resolutions, Orders, or Notices Under Article
Status: in_force

(a) Any city or town having extended its corporate limits under the provisions of this article or other law may again extend its corporate limits under this article or under any other law authorizing an extension of corporate limits by such city or town.

(b) In every proceeding to extend the corporate limits of any city or town under the provisions of this article, the council of such city or town shall declare in each and every resolution provided for in this article and the probate judge shall declare in each and every order directing and ordering an election to be held under this article, and in every notice given under this article, and in every order made and entered on the records of the probate court under this article, that such resolution, order, or notice, as the case may be, is passed, entered, or given under the provisions of this article.
Ala. Code § 11-50-322 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-322
Section 11-50-322 Exemption from Taxation of Bonds, Property, and Income of Corporation; Other Exemptions
Status: in_force

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 each such corporation and the income from such bonds and conveyances by or to each such corporation and mortgages and indentures of trust by or to each such corporation shall be exempt from all taxation in the State of Alabama. Each such corporation shall also be exempt from all sales and use taxes and gross receipts taxes levied by the state and any political subdivision thereof with respect to the purchase, sale, use, or consumption of property; provided, however, that the provisions of this section shall not be construed to exempt any such corporation from the privilege or license tax levied by Section 40-21-82 or the excise tax levied by Section 40-21-102; and provided, further, that any such sales, use, or gross receipts taxes that may have been paid to the state or any political subdivision thereof by a corporation that was formed or the certificate of incorporation of which is amended under this article shall not be subject to refund.
Ala. Code § 11-59-1 — Alabama Code / Title 2 / Chapter 59 / Section 11-59-1
Section 11-59-1 Definitions
Status: in_force

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) CORPORATION. Any corporation organized pursuant to the provisions of this chapter.

(2) MUNICIPALITY. Any incorporated city or town in this state with respect to which a corporation may be organized and in which it is contemplated the corporation will function.

(3) FACILITY. Such term includes all of the following revenue-producing undertakings and any combination or combinations of two or more thereof, whether now existing or hereafter acquired or constructed: Stadium, football field, baseball field, athletic field, golf course, tennis court, bathhouse, swimming pool, speedways, racetracks, and facilities for testing and proving automobiles and other vehicles, together with all real and personal properties which may be deemed necessary or convenient in connection therewith.

(4) GOVERNING BODY. The board or body in which the general legislative powers of the municipality are vested.
Ala. Code § 2-6-125 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-125
Section 2-6-125 Corporate Obligations
Status: in_force

All obligations incurred by the corporation and all bonds issued by it shall be solely and exclusively an obligation of the corporation and shall not create an obligation or debt of the State of Alabama.
Ala. Code § 11-51-121 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-121
Section 11-51-121 Insurance Companies - Insurance Companies Other Than Fire and Marine Insurance Companies
Status: in_force

(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 company, other than fire and marine insurance companies, doing business therein or its agents which shall exceed for the company and its agents the following amounts: (1) Each insurance company in cities and towns having a population of 5,000 or less, $10.00 and $1.00 on each $100.00 and major fraction thereof of the gross premiums, less return premiums, received during the preceding year on policies issued during said year to citizens of said cities and towns. (2) Each such insurance company in cities and towns having a population of over 5,000 and not over 10,000, $15.00 and $1.00 on each $100.00 and major fraction thereof on gross premiums, less return premiums, received during the preceding year on policies issued during said year to citizens of said towns and cities. (3) Each such insurance company, in cities and towns having a population of over 10,000 and not exceeding 50,000, $20.00 and $1.00 on each $100.00 and major fraction thereof of gross premiums, less return premiums, received during the preceding year on policies issued during said year to citizens of said cities and towns. (4) Each such insurance company, in cities and towns having a population of more than 50,000, $50.00 and $1.00 on each $100.00 and major fraction thereof of gross premiums, less return premiums, received during the preceding year on policies issued during said year to citizens of said cities and towns. The amount specifically named in the schedule contained in this section shall be payable at the time and in the manner that other privilege or license taxes are required to be paid by the laws, ordinances, or charters of the several cities and towns, and the amount of said tax based on gross premiums shall be paid as provided in this article.

(b) Upon the payment or tender of the amount specifically named in the schedule in subsection (a) of this section to any city or town, any insurance company, other than fire and marine insurance companies, authorized to do business in this state, shall be permitted to do business in said city or town through its agents, resident or soliciting, duly appointed in writing, which agents shall not be subject to or required to pay any privilege or occupation tax to said city or town for representing said company or soliciting business for it. On January 1, or within 60 days thereafter, of each year, each insurance company, other than fire and marine insurance companies, which did any business in, or wrote any insurance for any citizen or resident of, any city or town in this state during any part of the next preceding year shall, if a license or privilege tax is imposed by said city or town on any insurance company, other than fire and marine insurance companies, furnish the mayor or other executive head of said city or town a statement in writing, verified by the affidavit of the president, vice-president, or secretary of the company, which statement shall set out and show the full and true amount of gross premiums, less return premiums, received during the preceding year, on all policies of such insurance issued in such city or town during the said preceding year, and shall accompany said statement with the amount of license due from said company. Failure to furnish said statement or to pay such amount to any city or town, as herein required, shall, if so provided by the ordinances of the city or town, cause a forfeiture of the right of the company so failing or its agents, to continue to do business in said city or town until said statement shall have been furnished and said sum shall have been paid, and shall subject the company and its agents to such penalties as the ordinances of said city or town may prescribe, not exceeding the penalties imposed upon other corporations or persons for failure to pay license or privilege taxes.
Ala. Code § 11-58-2 — Alabama Code / Title 2 / Chapter 58 / Section 11-58-2
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
Status: in_force

(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 Alabama to promote the acquisition of health facilities in order to promote the public health of the people of Alabama and also to promote the acquisition of certain other facilities for the housing and care of elderly persons.

(b) Whenever any number of natural persons, not less than three, shall file with the governing body of any county or municipality in this state an application in writing for authority to incorporate a public corporation as a medical clinic board for the purpose of acquiring, owning, leasing, and disposing of one or more medical clinics and clinical facilities and it shall be made to appear to the governing body that each of the persons is a duly qualified elector of and owner of property in the municipality, or in the county in areas outside of municipalities located in the county, the governing body shall consider the application. If the governing body approves the application, it shall adopt a resolution, which shall be duly entered upon the minutes of the governing body declaring that it is wise, expedient, and necessary that such a corporation be formed and that the persons filing the application shall be authorized to form the corporation. Upon the adoption of the resolution, the persons who filed the application shall proceed to organize the corporation by executing and filing for record in the office of the judge of probate of the county, or in the office of the judge of probate of one or more of the counties in which any municipality is located a certificate of incorporation as provided in this chapter.

(c) The granting of authority for the incorporation of one medical clinic board shall not preclude the granting of authority by the governing body of any municipality or county for the incorporation of other medical clinic boards. Other medical clinic boards seeking incorporation shall be required to adopt a name or designation sufficient to distinguish them from any existing medical clinic board.
Ala. Code § 11-48-103 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-103
Section 11-48-103 Notice to Property Owners of Division of Assessment
Status: in_force

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 or to their agents shall be given, either in person or by mail, where such owners or agents and their addresses are known or by publication in a newspaper published in the municipality once a week for two consecutive weeks, where such owners or agents and their addresses are unknown, before any final action shall be taken as provided in this article.
Ala. Code § 2-2-10 — Alabama Code / Title 2 / Chapter 2 / Section 2-2-10
Section 2-2-10 Assistant to Commissioner
Status: in_force

The Board of Agriculture and Industries may, in its discretion, designate one employee of the Department of Agriculture and Industries as an assistant to the commissioner.
Ala. Code § 11-50-7 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-7
Section 11-50-7 Provision in Purchase Agreement as to Franchise Right of Purchaser at Foreclosure Sale
Status: in_force

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 have a franchise for not exceeding 30 years to operate such plant.
Ala. Code § 11-43-181 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-181
Section 11-43-181 “Law Enforcement Officer” Defined
Status: in_force

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 arrests and who is employed by any municipality in the state as a permanent and regular employee for and subject to law enforcement duties, but it does not include any person elected by popular vote.
Ala. Code § 2-5A-37 — Alabama Code / Title 2 / Chapter 5A / Section 2-5A-37
Section 2-5A-37 Investment of Proceeds from Bond Sales
Status: in_force

Prior to the completion of farmers’ market facilities to be financed with proceeds of bonds, any portion of the principal proceeds derived from the sale of the bonds which the commissioner may determine is not then needed for any of the purposes for which the bonds are authorized to be issued shall be invested by the State Treasurer in permitted investments which mature at such time or times as the department shall direct. At any time, and from time to time on order of the commissioner, any such investments may be sold or otherwise converted by the State Treasurer into cash.
Ala. Code § 2-6-77 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-77
Section 2-6-77 Powers of Corporation - Execution of Securities
Status: in_force

All securities of the corporation shall be signed by its president or vice-president, and the seal of the corporation shall be affixed thereto and attested by its secretary. The signatures of the president, vice-president and secretary may be facsimile signatures and a facsimile of the seal of the corporation may be imprinted on the securities if the board of directors, in its proceedings with respect to issuance of such securities, provides for manual authentication of such securities by a trustee or paying agent or by named individuals who are employees of the state and who are assigned to the Finance Department or State Treasurer’s office of the state. Delivery of securities so executed shall be valid notwithstanding any changes in officers or in the seal of the corporation after the signing and sealing of such securities.
Ala. Code § 11-54-190 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-190
Section 11-54-190 Incorporation of Another Authority by Same Municipality
Status: in_force

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 by the same municipality. Notwithstanding this section, an authority whose membership solely includes county or municipal governments, county or municipal boards of education, or any of their respective boards, agencies, departments, corporations, or instrumentalities, including other commercial development authorities, may be incorporated at any time, regardless of whether another authority exists within the jurisdiction at issue.
Ala. Code § 11-61A-17 — Alabama Code / Title 2 / Chapter 61A / Section 11-61A-17
Section 11-61A-17 Refunding Bonds
Status: in_force

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 on any bonds of the authority issued under this chapter and then outstanding. The refunding bonds may be issued regardless if the principal and interest have matured at the time of the refunding. The refunding bonds may be issued for the payment of any expenses incurred in connection with the refunding and any premium necessary to be paid in order to redeem, retire, or purchase for retirement the bonds to be refunded. The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were issued. Any refunding may be effected either by sale of the refunding bonds and the application of the proceeds, or by exchange of the refunding bonds for the bonds or interest coupons to be refunded. The holders of any bonds or coupons to be refunded shall not be compelled to surrender their bonds or coupons for payment or exchange prior to the date on which they may be paid or redeemed by call of the authority under their respective provisions. All provisions of this chapter pertaining to bonds of the authority that are not inconsistent with this section shall, to the extent applicable, also apply to refunding bonds issued by the authority. The authority may issue bonds for the purpose of refunding the principal of and the interest on any of its bonds and for any other purpose for which it is authorized to issue bonds. The provisions of this chapter respecting refunding bonds shall apply only to the portion of the combined issue authorized for refunding purposes and the provisions respecting other financing shall apply to the remaining portion of the combined issue.
Ala. Code § 11-51-50 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-50
Section 11-51-50 Procedure for Collection of Taxes, Etc., by County Tax Collector Generally
Status: in_force

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 enforcement of collection shall apply to and be in force as to such municipal taxes, except as such laws are changed by or in conflict with the provisions of this article, and the county tax collector shall collect or enforce the collection of such municipal taxes at the same time, in the same manner and way and as a part of one and the same collection as the collection of state and county taxes and all procedure incident to or in any wise connected with the collection of state and county taxes shall be equally applicable to the collection of said municipal taxes, and all such municipal taxes shall be collected in the same way and in the same proceedings as state and county taxes.
Ala. Code § 11-43B-8 — Alabama Code / Title 2 / Chapter 43B / Section 11-43B-8
Section 11-43B-8 Government Known as Mayor-Council Form of Government; Powers Vested in Council; Agenda of Meetings; Exercise of Powers; Quorum
Status: in_force

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 of this chapter and subject to the limitations imposed by the Constitution and laws of Alabama, all powers of the city shall be vested in the council. The council is the sole authority to set the agenda for any of its meetings. All powers of the city shall be exercised in the manner prescribed by this chapter or, if the manner is not prescribed herein, in the manner prescribed by law or ordinance. A majority of the council members shall constitute a quorum for the transaction of any business of the council.
Ala. Code § 11-51-102 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-102
Section 11-51-102 Licensing, Etc., of Theatres, Parks, Shooting Galleries, Etc.; Closing of Houses of Amusement or Places for Sale of Firearms, Etc
Status: in_force

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 tenpin alleys, box or ball alleys, shooting galleries, theatres, parks, and other places of amusement when, in the opinion of the council or other governing body, the public good or safety demands it, to refuse to license any or all such businesses and to authorize the mayor or other chief executive officer by proclamation to cause any or all houses or places of amusement or houses or places for the sale of firearms or other deadly weapons to be closed for a period of not longer than the next meeting of the city or town council or other governing body.
Ala. Code § 2-3A-51 — Alabama Code / Title 2 / Chapter 3A / Section 2-3A-51
Section 2-3A-51 Issuance and Redemption
Status: in_force

The bonds of each series issued pursuant to this article may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof, and the principal of the bonds of each such series shall mature or be subject to mandatory redemption according to such schedule as the board of directors of said authority shall determine in the resolution authorizing the issuance of such series. Such bonds may be made subject to redemption prior to their respective maturities, at the option of the state, on such terms and conditions as shall be provided by the board of directors of said authority in the resolution authorizing the issuance of such series. Any or all of such bonds subject to redemption at the option of the state may be called for redemption by the authority pursuant to a resolution adopted by the board of directors thereof if pursuant to appropriations theretofore made by the Legislature, the moneys required for such redemption are at the time held in the State Treasury or if such redemption is to be effected with moneys provided by the sale and issuance of refunding bonds issued pursuant to Amendment 619 and as provided for in this article. The authority may specify the terms and conditions under which any of the bonds authorized pursuant to Amendment 619 may be exchanged for like bonds of other denominations as the authority may prescribe.
Ala. Code § 11-51-18 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-18
Section 11-51-18 Sales of Property for Payment of Taxes, Etc., Generally - Rights and Liabilities of Purchaser of Property Generally
Status: in_force

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 of ejectment, and there shall be no liability to account for rents and profits to the party redeeming.
Ala. Code § 11-43D-11 — Alabama Code / Title 2 / Chapter 43D / Section 11-43D-11
Section 11-43D-11 Pending Legal Action and Proceedings
Status: in_force

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 municipality or any office, department, board, or agency or officer thereof, shall be affected or abated by the adoption of the mayor-council form of government or by anything therein contained in this chapter.
Ala. Code § 2-17-28 — Alabama Code / Title 2 / Chapter 17 / Section 2-17-28
Section 2-17-28 Exemption of Meat, Etc., Inspected and Passed by United States Department of Agriculture
Status: in_force

Any meat or meat food products or poultry or poultry food products which have been inspected and passed by inspectors of the United States Department of Agriculture shall be exempt from the meat and poultry inspection provisions of this chapter unless such products are further processed, in which event they shall be subject to all other provisions and requirements of this chapter.
Ala. Code § 2-11-92 — Alabama Code / Title 2 / Chapter 11 / Section 2-11-92
Section 2-11-92 Stations for Inspection; Grade Certificates
Status: in_force

The commissioner, with the approval of the Board of Agriculture and Industries, may establish official stations for the inspection of grain at any town or place where grain is bought, sold, marketed, stored or manufactured. The commissioner shall inspect and grade upon request all grain sold, offered for sale or consigned for sale. He shall issue a uniform grade certificate stating the kind and grade of grain, test weight per bushel and the reason for all grade below number one and such other facts as he may require. None of the facts certified in such certificate shall be presumed to continue or exist beyond 60 days after the date of such certificate. Certificates issued by authorized agents of the commissioner shall be received in all courts of the State of Alabama as prima facie evidence of the truth of the statements therein contained at the time of the issuance of said certificate and for 60 days thereafter. Such certificates shall be delivered to the owner of such grain or his agent.
Ala. Code § 2-25-5 — Alabama Code / Title 2 / Chapter 25 / Section 2-25-5
Section 2-25-5 Exercise of Quarantine Powers of Board by Commissioner
Status: in_force

All powers and authority as to the declaration and imposition of quarantines granted in Section 2-25-4 to the board may be exercised by the commissioner, acting independently of the board, during the intervening time between the meetings of the board; provided, that when the same are exercised by the commissioner, such quarantines shall be subject to review by the board, which shall have the power to revoke or annul the same; but, until so revoked or annulled by the board, all such quarantines of the commissioner shall be held legal and binding and of full force and effect.
Ala. Code § 11-65-28 — Alabama Code / Title 2 / Chapter 65 / Section 11-65-28
Section 11-65-28 Pari-Mutuel Wagering
Status: in_force

(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 places at the racing facility operated by it at which such operator shall conduct a pari-mutuel system of wagering by its patrons on the results of horse races or greyhound races, as the case may be, held at such racing facility. Such place or places shall be provided with the electronic or mechanical equipment necessary to issue pari-mutuel tickets, as well as the electronic or mechanical equipment necessary to record the wagering, compute the odds, and determine the awards to winning bettors, all in an accurate and speedy manner. All such equipment shall be approved by the commission licensing such operator before being used, but such commission shall not require the installation of any particular make of such equipment.

(b) Subject to the provisions of subsection (c), a horse racing operator shall distribute to the winners of each pari-mutuel pool originated for horse races the total amount wagered with respect to that pool, less the following deductions, as in the case may be applicable, to be retained by such operator as the “takeout” for its own use and purposes, including the payment of the wagering fees imposed by this chapter:

(1) In the case of any pari-mutuel pool where the bettor is required to select one horse, there shall be deducted an amount equal to 17 percent of the total amount wagered with respect to that pool plus the breakage applicable to the winning bets for that pool;

(2) In the case of any pari-mutuel pool where the bettor is required to select two horses, there shall be deducted an amount equal to 21 percent of the total amount wagered with respect to that pool plus the breakage applicable to the winning bets for that pool; and

(3) In the case of any pari-mutuel pool where the bettor is required to select three or more horses, there shall be deducted an amount equal to 23 percent of the total amount wagered with respect to that pool plus the breakage applicable to the winning bets for that pool.

In addition to the amounts permitted by the preceding provisions of this subsection to be deducted from all pari-mutuel pools originated for horse races and retained by the horse racing operator conducting such races, such operator shall be permitted to retain all moneys represented by unclaimed, uncashed, or abandoned pari-mutuel tickets; provided, however, that no pari-mutuel ticket shall be deemed to be unclaimed, uncashed, or abandoned unless it shall not be presented for payment within six months from the date of the running of the race to which such pari-mutuel ticket pertains.

(c) During any period in which a horse racing operator shall be required to pay the state horse wagering fee, such operator shall have the right to increase the “take out” deduction permitted by subsection (b) by any amount up to one percent of the total amount wagered with respect to any pari-mutuel pool originated for horse races, any provisions of this chapter, or any other law to the contrary notwithstanding. It is hereby expressly declared that this right is conferred upon each horse racing operator licensed by a commission for the purpose of enabling such operator to generate all or part of the money necessary to pay the state horse wagering fee, and any increase in the amount deducted by an operator from any pari-mutuel pools pursuant to the exercise of such right shall not be made the basis of any increase in the state horse wagering fee, the commission horse wagering fee, or any other taxes, fees, or commissions payable by such operator. No increase in the amount deducted from any pari-mutuel pool shall be permitted pursuant to this subsection until such time as a horse racing operator shall become liable for the state horse wagering fee, but thereafter, and for so long as such operator shall remain liable for the state horse wagering fee, the right conferred by this subsection to increase the amount deducted may be exercised at any time and from time to time (including the right to institute an increase and thereafter discontinue and resume it any number of times), may be exercised with respect to all pari-mutuel pools originated for horse races or with respect to some and not to others, and may be exercised with respect to any qualifying pari-mutuel pool in any degree of increase, not exceeding in any case more than one percent of the total amount wagered with respect to that pool, all as such operator shall determine in the exercise of its sole discretion without direction or influence from the commission licensing such operator, any state racing commission or any other governmental body.

(d) A greyhound racing operator shall distribute to the winners of each pari-mutuel pool originated for greyhound races the total amount wagered with respect to that pool, less the following deductions, as in the case may be applicable, to be retained by such operator as the “takeout” for its own use and purposes, including the payment of the state dog racing privilege tax and the commission greyhound wagering fee:

(1) In the case of any pari-mutuel pool where the bettor is required to select one greyhound, there shall be deducted an amount equal to 17 percent of the total amount wagered with respect to that pool plus the breakage applicable to the winning bets for that pool;

(2) In the case of any pari-mutuel pool where the bettor is required to select two greyhounds, there shall be deducted an amount equal to 21 percent of the total amount wagered with respect to that pool plus the breakage applicable to the winning bets for that pool; and

(3) In the case of any pari-mutuel pool where the bettor is required to select three or more greyhounds, there shall be deducted an amount equal to 23 percent of the total amount wagered with respect to that pool plus the breakage applicable to the winning bets for that pool.

In addition to the amounts permitted by the preceding provisions of this subsection to be deducted from all pari-mutuel pools originated for greyhound races and retained by the greyhound racing operator conducting such races, such operator shall be permitted to retain all moneys represented by unclaimed, uncashed, or abandoned pari-mutuel tickets; provided, however, that no pari-mutuel ticket shall be deemed to be unclaimed, uncashed, or abandoned unless it shall not be presented for payment within six months from the date of the running of the race to which such pari-mutuel ticket pertains. The provisions of Section 40-26A-2(c) relating to the state dog racing privilege tax to the contrary notwithstanding, a greyhound racing operator shall not be entitled to increase to 19 percent the “takeout” deduction specified in subdivision (d)(1) for pari-mutuel pools where the bettor is required to select one greyhound. Nothing contained in Section 40-26A-2(c) shall be construed to require the “takeout” deduction specified in subdivision (d)(2) to be reduced to 19 percent or the “takeout” deduction specified in subdivision (d)(3) to be reduced to 21 percent.

(e) A commission shall adopt and maintain rules and regulations for each kind of pari-mutuel pool that may be originated by a horse racing operator or a greyhound racing operator, as the case may be, and such rules and regulations shall be published by such commission in book or pamphlet form for general distribution to all interested persons. Under the pari-mutuel system of wagering hereby authorized, an operator shall be permitted to provide separate pools for bets to win, place, and show, as well as separate pools for more complex wagers involving such combinations of races and such combinations of the outcomes of races as shall be approved by the commission licensing such operator. Each pool (less the amount that the operator is permitted to retain as the “takeout” pursuant to the provisions of this section) shall be distributed separately to the winners thereof in accordance with the rules and regulations of the governing commission for that kind of pari-mutuel pool. If there is no ticket bet on the winning horse or greyhound or combination of horses or greyhounds, as the case may be, for any pari-mutuel pool, the portion of the pool which would have been distributed to any winners thereof shall be distributed to the holders of the tickets for such pool in accordance with the rules and regulations of the governing commission for that kind of pari-mutuel pool.
Ala. Code § 11-46-120 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-120
Section 11-46-120 Election Officers for Voting Machines; Duties
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-43A-86 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-86
Section 11-43A-86 Clerk of Municipality; When Subject to Civil Service or Merit System; Duties
Status: in_force

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 merit system, such clerk shall continue to be the clerk under the council-manager form of government hereunder, and his successor shall be selected and hold office subject to the provisions of such civil service law or merit system. If the clerk of any municipality which adopts the council-manager form of government under this article does not hold office subject to any civil service law or merit system, the council shall elect the clerk by a majority vote of the whole qualified membership of the council. The clerk shall give notice of the meetings of the council and shall keep the journal of its proceedings, which shall be authenticated by his signature. He shall record in full in said journal all ordinances, resolutions, and minutes of all meetings of the council. He shall perform such other duties as shall be required by this article, by legal ordinance, or by the general laws of Alabama upon clerks and as to which other provisions are not made in this article. The clerk shall keep the journal open for public inspection at all reasonable times.
Ala. Code § 11-40-32 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-32
Section 11-40-32 Hearing; Appeal
Status: in_force

(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 corporation having an interest in the building or structure may file a written request for a hearing before the governing body of the municipality, together with his or her objections to the finding by the municipal official that the building or structure is unsafe to the extent of becoming a public nuisance. The filing of the request shall hold in abeyance any action on the finding of the municipal official until determination thereon is made by the governing body. Upon holding the hearing, which hearing shall be held not less than five nor more than 30 days after the request, or in the event no hearing is timely requested, the governing body, after the expiration of 30 days from the date the notice is given, shall determine whether or not the building or structure is unsafe to the extent that it is a public nuisance. If it is determined by the governing body that the building or structure is unsafe to the extent that it is a public nuisance, the governing body shall order the building or structure to be demolished. The demolition may be accomplished by the municipality by the use of its own forces, or it may provide by contract for the demolition. The municipality may sell or otherwise dispose of salvaged materials resulting from the demolition.

(b) Any person aggrieved by the decision of the governing body at the hearing may, within 10 days thereafter, appeal to the circuit court upon filing with the clerk of the court notice of the appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of the notice of appeal and approval of the bond, the clerk of the court shall serve a copy of the notice of appeal on the clerk of the municipality and the appeal shall be docketed in the court, and shall be a preferred case therein. The clerk of the municipality shall, upon receiving the notice, file with the clerk of the court a copy of the findings and determination of the governing body in its proceedings. Any trials shall be held without jury upon the determination of the governing body that the building or structure is unsafe to the extent that it is a public nuisance.
Ala. Code § 11-51-4 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-4
Section 11-51-4 Submission of Assessment Rolls of Certain Cities to County Commission; Acceptance and Adoption Thereof by County Commission
Status: in_force

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 this state for city taxes and furnish to the county commission an assessment roll showing property and assessed value thereof prior to April 1 of each year, then the county commission shall take such assessment and may adopt the same.
Ala. Code § 11-43C-15 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-15
Section 11-43C-15 District Council Members - No Primary Elections; Filing of Pauper’s Oath or Petition to Become Candidate
Status: in_force

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 herein. A person may also become a candidate for the office of council member by filing a verified pauper’s oath with the city clerk, or by filing a verified petition containing an endorsement of candidacy by the signatures and addresses of 500 persons, each of whom is a registered voter residing in the city and within the district for which the individual intends to be a candidate for election to office, provided that no such signature may be obtained more than 12 months preceding the deadline for filing said statements.
Ala. Code § 11-47-223 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-223
Section 11-47-223 Bonds of an Authority - Signature and Seal
Status: in_force

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 the authority shall be affixed thereto and attested by its secretary or an assistant secretary. Notwithstanding the foregoing, facsimiles of the signatures of the officers may be imprinted or otherwise reproduced on any of the bonds in lieu of the officers manually signing the same so long as the related indenture or other authorizing proceedings provide for the manual authentication of the bonds by a trustee or paying agent, and provided further that a facsimile of the seal of the authority may be imprinted, or otherwise reproduced, on any of the bonds in lieu of being manually affixed thereto. If, after any of the bonds are so signed, whether manually or by facsimile, any officer shall, for any reason, vacate his or her office, the bonds so signed may nevertheless be delivered at any time thereafter as the act and deed of the authority.
Ala. Code § 11-46-65 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-65
Section 11-46-65 Drinking of Intoxicating Liquors by Watcher
Status: in_force

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 and, upon conviction, shall be fined not less than $50.00.
Ala. Code § 22-52-10.6 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-10.6
Section 22-52-10.6 Petition for Renewal of Inpatient Commitment Order; Probate Court; Special Judge; Notice; Hearing
Status: in_force

(a) A petition for renewal of an inpatient commitment order may be filed by the director of a state mental health facility or his designee at least 30 days prior to the expiration of the current commitment order. The petition, together with a copy of the original commitment order and copies of any subsequent renewal commitment orders, shall be filed with the probate court of the county where the facility is located. The petition shall explain in detail why renewal of the order is being requested, and shall further explain in detail why less restrictive conditions of treatment are not appropriate.

(b) Such probate court may consider, hear, and enter appropriate orders pursuant to this section or may request that the case be heard by a special judge of probate.

(c) Whenever and wherever it shall become necessary that a special judge of probate be provided to hear and enter appropriate orders with regard to the renewal of commitment orders pursuant to the provisions of this section, then it shall be the responsibility of the probate judge in the county so affected by location of the state mental health facility to determine, select and appoint from time to time such probate judge; who shall be paid that compensation as determined by the probate judge in that county not to exceed $100.00 per case. The fee set to compensate the special probate judge shall be allowable costs under Section 22-52-14. The county wherein the hearing for the renewal of a commitment order is held shall also be allowed a fee of $20.00 per case to compensate the county for additional record keeping. This compensation shall be allowable costs under Section 22-52-14.

(d) Any special judge of probate appointed under the provisions of subsection (c) shall be vested with all authority, duties, responsibilities and judicial functions of the probate court having jurisdiction over any person involuntarily committed by the probate court of any county in the State of Alabama.

(e) Any special judge of probate appointed under the provisions of subsection (c) shall be a citizen of the State of Alabama, shall have previously served for a minimum of six years as a judge of probate in this state, or shall be licensed to practice law in this state, and shall take the present oath of office upon entering his official duties and serve without bond.

(f) Any hearing conducted under the provisions of this section shall be conducted in the facilities provided by the department where such persons committed as patients are located.

(g) The judge of probate, hearing the case, shall conduct a hearing, within 30 days after the date of petition, to consider the petition for renewal of the commitment order.

(h) The judge of probate of the county where the facility is located shall appoint an attorney to serve as guardian ad litem to represent and to protect the rights of the respondent. Such appointment shall be in writing and acceptance of appointment shall be returned to the judge of probate at least five days prior to the hearing.

(i) Adequate written notice shall be provided to the respondent prior to the hearing.

(j) The commissioner shall designate one or more members of his staff to serve as advocate in support of the petition and such advocate shall be required to be an attorney.

(k) The hearing shall be conducted in accordance with Section 22-52-9. A copy of the order shall be forwarded to the probate court having original jurisdiction. The burden of proof shall be to prove, based on clear and convincing evidence, the criteria as prescribed in this article.

(l) The department shall provide the advocate in support of the petition and the expert witness at no cost to the State General Fund; and all other costs allowable by law shall be paid as prescribed in Section 22-52-14.

(m) Any order renewing an order for commitment to inpatient treatment shall not exceed a period of one year.
Ala. Code § 11-44C-24 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-24
Section 11-44C-24 City Clerk Continued in Office; Applicability of Merit System; Appointment of Successor; Duties
Status: in_force

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 under the mayor-council form of government of such city, and his successor shall be selected and hold office subject to the provisions of such merit system. After the current city clerk retires, the council shall be the appointing authority in filling any vacancy in the office of city clerk. The city clerk shall give notice of special or called meetings of the council, shall keep the journal of its proceedings, shall authenticate by his signature and record in full in a book kept for such purpose all ordinances and resolutions and shall perform such other duties as shall be required by this chapter, or by ordinance, or such duties as are imposed by general law of Alabama upon city clerks.
Ala. Code § 11-55-4 — Alabama Code / Title 2 / Chapter 55 / Section 11-55-4
Section 11-55-4 Bonds - Security for Payment of Principal and Interest
Status: in_force

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 of which such bonds shall be made payable, may be secured by a mortgage covering all or any part of the project from which the revenues so pledged may be derived and may be secured by a pledge of the lease of such project.

The proceedings under which such bonds are authorized to be issued or any such mortgage may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of rents for any project covered by such proceedings or mortgage, the terms to be incorporated in the lease of such project, the maintenance and issuance of such project, the creation and maintenance of special funds from the revenues from such project and the rights and remedies available in event of default to the bondholders or to the trustee under a mortgage as the governing body shall deem advisable and as shall not be in conflict with the provisions of this chapter; provided, however, that in making any such agreements or provisions a municipality shall not have the power to obligate itself except with respect to the project and the application of the revenues therefrom and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers.

The proceedings authorizing any bonds under this chapter and any mortgage securing such bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or mortgage, such payment and performance may be enforced by mandamus or by the appointment of a receiver with power to charge and collect rents and to apply the revenues from the project in accordance with such proceedings or the provisions of such mortgage. Any such mortgage may provide also that, in the event of default in such payment or the violation of any agreement contained in the mortgage, the mortgage may be foreclosed either by sale at public outcry or by civil action and may provide that any trustee under such mortgage or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale if the highest bidder therefor. No breach of any such agreement shall impose any pecuniary liability upon a municipality or any charge upon its general credit or against its taxing powers.
Ala. Code § 11-52-33.1 — Alabama Code / Title 2 / Chapter 52 / Section 11-52-33.1
Section 11-52-33.1 Applicability and Regulatory Authority
Status: in_force

(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) Additionally, in the event the municipal planning commission lawfully assumes the authority to exercise control over the development of subdivisions in an area where the county commission has previously exercised regulation of subdivision development, the municipal planning commission’s regulatory authority shall not apply to a subdivision development which is already being regulated and enforced by the county commission pursuant to an application for plat approval submitted to the county commission by the developer prior to the date on which the municipal planning commission lawfully assumed responsibility for the development of subdivisions pursuant to this chapter.

(c) Nothing contained in Sections 11-52-1, 11-52-30, 11-52-31, 11-52-32, and 11-52-33 requires a municipality to assume responsibility for roads or infrastructure in subdivisions approved by the city engineer outside the municipal corporate limits or alters, amends, or supersedes the requirements relating to responsibility for road and bridge maintenance pursuant to Section 11-49-80.

(d) Nothing contained in Sections 11-52-1, 11-52-30, 11-52-31, 11-52-32, and 11-52-33 shall be construed to effect or limit the authority conferred by Sections 37-4-130 and 37-4-131.
Ala. Code § 11-44C-6 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-6
Section 11-44C-6 Election of Council and Mayor-at-Large; Time of Taking Office; Election Expenses
Status: in_force

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 present official’s term of office. Seven council members to be elected by districts and a mayor to be elected at-large shall be elected and the expense thereof shall be paid by the municipality.
Ala. Code § 11-42-74 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-74
Section 11-42-74 Division of Wards into Voting Precincts; Electors to Vote in Precincts of Residence; Rearrangement, Etc., of Boundaries of Voting Precincts
Status: in_force

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 as may be necessary, and such elector shall vote in the precinct of his residence, and the boundary lines of such voting precinct shall be arranged and rearranged from time to time so that, as nearly as practicable, no more than 300 electors reside in any voting precinct, except where voting machines are used.
Ala. Code § 11-57-17 — Alabama Code / Title 2 / Chapter 57 / Section 11-57-17
Section 11-57-17 Refunding Bonds
Status: in_force

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 of and interest on any matured or unmatured bonds of the authority at the time outstanding and for the payment of any expenses incurred in connection with such refunding and any premium necessary to be paid to redeem or retire the bonds so to be refunded. Any such refunding may be effected either by sale of refunding bonds and the application of the proceeds thereof to payment, redemption or retirement of the bonds to be refunded thereby, by exchange of the refunding bonds for the bonds or interest coupons to be refunded thereby or by any combination thereof; provided, that the holders of any bonds or coupons so to be refunded shall not be compelled without their consent to surrender their bonds or coupons for payment or exchange prior to the date on which they may be paid or redeemed by the authority under their respective provisions. Any refunding bonds of the authority shall be payable solely from the revenues out of which the bonds or coupons to be refunded thereby were payable.

All provisions of this chapter pertaining to bonds of the authority that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to refunding bonds issued by the authority.
Ala. Code § 11-46-125 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-125
Section 11-46-125 Designation, Etc., of Custodians of Voting Machines and Keys; Transportation, Storage, and Protection of Machines
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-22-13 — Alabama Code / Title 2 / Chapter 22 / Section 2-22-13
Section 2-22-13 Proceedings Upon Determination of Deficiency in Guaranteed Primary Plant Nutrients in Commercial Fertilizers - Legal Actions for Recovery of Penalty
Status: in_force

In any case wherein the licensee fails or refuses to make payment to the consumer of a penalty within the time required, the consumer may institute legal action against the licensee for the recovery of such penalty as provided in Section 2-22-12. Any judgment against the licensee shall be double the amount of the penalty and shall include a reasonable attorney’s fee and court costs. In cases where the licensee is required to pay the amount of any penalty to the commissioner for deposit to the credit of the Agricultural Fund and the licensee fails or refuses to make such payment within the time required, the commissioner may institute legal action in a court of competent jurisdiction for collection of the amount of the penalty upon 10 days’ notice to the licensee following the 60-day payment period.
Ala. Code § 2-15-172 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-172
Section 2-15-172 Promulgation of Rules and Regulations as to Manufacture, Sale, Etc., of Veterinary or Biological Products and Serums and Disposal of Dead Carcasses, Etc
Status: in_force

The State Board of Agriculture and Industries may make rules and regulations governing the manufacture, sale, distribution, handling and keeping and use of all veterinary or biological products and serums and also the disposal of dead carcasses, infectious and toxic meats and feeds.
Ala. Code § 2-2-37 — Alabama Code / Title 2 / Chapter 2 / Section 2-2-37
Section 2-2-37 Commissioner Authorized to Inspect and Secure Samples
Status: in_force

The commissioner is authorized, in person or by deputy or by his agents, to have free access at all reasonable hours to all premises, places of business, buildings, transportation facilities or packages or containers of whatever kind used in the manufacture, transportation, importation, sale or storage of any article, substance, material or product, the possession or sale of which is regulated by the provisions of this title or the possession or sale of which is regulated by any other statute which the commissioner, department or board is directed to administer or enforce, and shall have the power and authority to examine and inspect any parcel, container or receptacle containing or supposed to contain any of said articles, substances, material or product and, upon paying or offering to pay the full value of said specimen or sample, to take therefrom samples or specimens for analysis, examination and inspection.
Ala. Code § 11-44E-120 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-120
Section 11-44E-120 Division of City into Six Single-Member Districts
Status: in_force

The territorial limits of the city shall remain the same as under its former organization, except that for the purpose of holding elections under applicable laws, the present governing body shall by duly enacted ordinance, divide such city into six single-member districts, each containing as nearly as practical equal population according to the last federal decennial census.
Ala. Code § 11-51-90.4 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-90.4
Section 11-51-90.4 Electronic Processing and Recordation of Business License Renewals
Status: in_force

(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) A municipality may contract with a vendor to provide electronic processing services which may include, but are not limited to, the online filing of forms, online recording, payment of fees through credit or debit cards, and any other service related to the administration of the electronic process, as determined by the municipality.

(2) The municipality may also develop a certification process to allow a third party to provide these electronic processing services.

(c) All recording fees, whether established by general or local law, shall be collected by the vendor and the fees applicable to the municipality, including all data associated with the local recording fees, shall be remitted by the vendor to the municipality no less than twice per month.

(d) A municipality may continue to provide filing services pursuant to current procedures and is in no way bound or obligated to participate in the electronic process for the recordation of filing activities as provided for by this section.

(e) A municipality shall ensure that the electronic process created under this section does all of the following:

(1) Determines if any additional forms, including those not specific to the municipality, are required during submission, and informs a user about those forms and how to obtain them.

(2) Utilizes an electronic application process that will remove the physical mailing process for business licenses within municipalities participating in the program, and allows business license renewals and the accompanying appropriate fees to be submitted electronically.

(3) Allows business license registration and renewals to be completed and submitted electronically.

(4) Once a business license has been approved, allows the municipality to deliver the official business license to the business license applicant either electronically or through standard postal mail, at the preference of the applicant.

(5) Includes an Internet webpage that generally informs users about business licensure requirements in the municipality and in the State of Alabama and guides them through the specific steps of the electronic business licensure process.

(f) A licensure process administered by a municipality as provided in this section shall satisfy any and all business and nonprofit license renewal requirements applicable to the participating municipality, whether prescribed by general or local law, and shall fulfill any and all statutory requirements of a municipality as it relates to renewal of licensure of business entities, including nonprofits.

(g) Any business that pays business license fees in 100 or more municipalities in the State of Alabama may elect to obtain, renew, and submit the payment of fees for a municipal business license pursuant to the current municipal procedures, including the submission of license forms and the payment of fees through the mail or by hand-delivery.
Ala. Code § 11-44A-1 — Alabama Code / Title 2 / Chapter 44A / Section 11-44A-1
Section 11-44A-1 Referendum to Determine Continuation of Commission or Adoption of Mayor-Council Form of Government
Status: in_force

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 to Article 1, Chapter 44, Title 11, by a majority vote of the members of that governing body, may call for a referendum to be held at public expense within 90 days after such call at which the following question shall be submitted to the voters of any such municipality:

“Shall the city of _______________ adopt a mayor-council form of government with the mayor elected at large and a five-member council elected from single member districts?
Ala. Code § 11-42-86 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-86
Section 11-42-86 Acquisition of Rights and Privileges of Resident Citizens by Persons Residing in Territory Exempt from Taxation
Status: in_force

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 desire to exercise all of the rights and privileges conferred upon resident citizens not residing in territory exempt from taxation, they may apply to the council or governing body of the city by petition in writing to have such land assessed for city taxation, attaching to such petition a map of such land showing the location of the same. If the council or governing body assent to such petition, a resolution shall be passed by such council or governing body to that effect, and the mayor of such city shall endorse on such map or plat a certificate certifying that the petition was filed for the land shown on the map to be taxed by the city and that the council or governing body assent to the taxing of such land, which map so certified must be filed and recorded in the probate office of the county wherein the land is situated and thereafter such land and property having a situs thereon shall be subject to taxation by the city and taxes thereon shall be paid to the city and all persons residing in such territory shall thereafter have and exercise the same rights and privileges as other citizens residing in the city other than in territory exempt from taxation.
Ala. Code § 11-49A-8 — Alabama Code / Title 2 / Chapter 49A / Section 11-49A-8
Section 11-49A-8 Powers of Authority
Status: in_force

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 succession by its corporate name for the duration of time (which may be perpetual, subject to the provisions of Section 11-49A-20) specified in its certificate of incorporation;

(2) To sue and be sued in its own name in civil suits and actions and to defend suits against it;

(3) To adopt and make use of a corporate seal and to alter the same at pleasure;

(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;

(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to hold property of every description, real, personal, or mixed, whether located in one or more counties or municipalities and whether located within or outside the authorizing municipality;

(6) To make, enter into, and execute such contracts, agreements, leases, and other instruments and to take other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power expressly granted hereunder;

(7) To plan, establish, develop, acquire, purchase, lease, construct, reconstruct, enlarge, improve, maintain, equip, and operate transit systems, whether located in one or more municipalities within the state, or within the counties in which such municipalities are located; and without any requirement that such transit systems be interconnected or otherwise constitute an integrated operational unit, and to acquire real and personal property, franchises, and easements deemed necessary or desirable in connection therewith;

(8) To provide public transportation service within a county in any part thereof, upon such reasonable terms and for such reasonable rates and consideration as the board may prescribe;

(9) To sell and issue bonds of the authority with prior approval of the municipal governing body in order to provide funds for any corporate function, use, or purpose, any such bonds to be payable solely from the sources specified in Section 11-49A-10;

(10) To assume obligations secured by a lien on, or payable out of or secured by a pledge of the revenues from, any transit system or any part thereof, that may be acquired by the authority, any obligation so assumed to be payable by the authority solely from the sources from which bonds of the authority may be made payable pursuant to the provisions of Section 11-49A-10;

(11) To pledge for payment of any bonds issued or obligations assumed by the authority any revenues from which those bonds or obligations are made payable as herein provided;

(12) To execute and deliver, in accordance with the provisions of this section and of Sections 11-49A-10 and 11-49A-11, mortgages and deed of trust and trust indentures, or either;

(13) To exercise the power of eminent domain in the manner provided in and subject to the provisions of Sections 18-1A-1 through 18-3-22, provided however, that this clause shall not be deemed to authorize the authority to acquire, without the consent of the owner or owners thereof, any transit system from which public transportation service is at the time being furnished;

(14) To expend funds for the purchase or lease of materials, equipment, supplies, or other personal property without compliance with the provisions of Sections 41-16-50, 41-16-51, 41-16-53 through 41-16-61, and 41-16-63, that might otherwise be applicable, but only where the expenditure involves less than $2,000.00;

(15) Without regard to any provisions of Sections 41-16-50, 41-16-51, 41-16-53 through 41-16-61, and 41-16-63, at the option of any local civil service system in a Class 3 municipality, to appoint, employ, contract with, and provide for the compensation of, such officers, employees, and agents, including but without limitation to engineers, attorneys, management consultants, and fiscal advisers, as the business of the authority may require and at its option to provide a system of disability pay, employees insurance, retirement compensation and pensions, or any of them;

(16) To make and enforce reasonable rules and regulations governing the use of any transit system owned or controlled by the authority;

(17) To provide for such insurance as the board may deem advisable;

(18) To invest any funds of the authority that the board may determine are not presently needed in the operation of its properties in bonds of the United States of America, bonds of the state, bonds of any county or municipality, and interest-bearing bank deposits, or any thereof;

(19) To cooperate with the United States of America, any agency or instrumentality thereof, the state, any county, municipality, or other political subdivision of the state and any public corporation organized under the laws of the state and to make such contracts with them, or any of them, including agreeing with the terms of any federal statute or regulation as the board may deem advisable to accomplish the purposes for which the authority was established;

(20) To sell and convey any of its properties that may have become obsolete or worn out or that may no longer be needed or useful as a part of any transit system of the authority;

(21) To sell and convey, with or without valuable consideration, any of its transit systems or any portion of any thereof, to any one or more counties, municipalities, or public corporations organized under the laws of the state, which have the corporate power to operate the system, or portions thereof, so conveyed and the property and income of which are not subject to taxation; provided, that any such sale and conveyance may be made only with the consent of the authorizing municipality, such consent to be evidenced by a resolution adopted by the governing body of such municipality, and only if any such conveyance would not constitute a breach of any then outstanding mortgage and deed of trust, trust indenture, or other agreement to which the authority is a party;

(22) To enter into a management agreement or agreements with any person for the management by or for the authority of any transit system upon such terms and conditions as may be mutually agreeable; and

(23) To fix and revise from time to time reasonable rates, fees, and other charges for public transportation service furnished or to be furnished by any transit system owned or operated by the authority, and to collect all charges made by it.
Ala. Code § 11-50A-4 — Alabama Code / Title 2 / Chapter 50A / Section 11-50A-4
Section 11-50A-4 Application for Incorporation
Status: in_force

(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 first meeting of the election committee provided in Section 11-50A-6, present to the Secretary of State of the state an application signed by them as applicants which shall set forth:

(1) The name, official designation, if any, and residence of each of the applicants;

(2) The date on which each applicant was designated a member of the election committee;

(3) The name of the proposed corporation, which shall be the Alabama Municipal Electric Authority;

(4) The location of the principal office of the proposed corporation, which shall be in the City of Montgomery, Montgomery County; and

(5) Any other matter relating to the incorporation of the authority which the applicants may choose to insert and which is not inconsistent with this chapter or the laws of the state.

(b) The application shall be signed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds.

(c) The Secretary of State shall examine the application; and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.
Ala. Code § 11-43C-6 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-6
Section 11-43C-6 Election of Mayor and Council Members; Time of Taking Office; Election Expenses
Status: in_force

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 present official’s term of office. Five council members to be elected by districts and a mayor to be elected at-large shall be elected and the expense thereof shall be paid by the municipality.
Ala. Code § 2-8-195 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-195
Section 2-8-195 Authority of Certified Commission to Conduct Referendum on Assessment
Status: in_force

Upon being so certified by the State Board of Agriculture and Industries, such commission shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama cotton producers a referendum wherein they shall be entitled to vote on the question of whether or not they shall levy upon themselves an assessment under and subject to and for the purpose stated in this article. The referendum shall be conducted on a statewide basis.
Ala. Code § 11-42-7 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-7
Section 11-42-7 Legislative Reapportionment Office to Be Notified of Annexation or Deannexation
Status: in_force

Any municipality which annexes property into the municipality or deannexes property from the municipality shall notify the Legislative Reapportionment Office of such action within seven days of the final action. The municipality shall provide all census blocks involved in the annexation or deannexation to the Legislative Reapportionment Office so that the office may maintain accurate information concerning the corporate limits of each municipality located within the state. A municipality’s failure to notify the Legislative Reapportionment Office as provided herein shall not be grounds to challenge or invalidate the annexation or deannexation.
Ala. Code § 11-43B-11 — Alabama Code / Title 2 / Chapter 43B / Section 11-43B-11
Section 11-43B-11 President of Council; President Pro Tempore Appointed Upon Failure or Refusal to Act
Status: in_force

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 council to act, the council may appoint one of its members to act as president pro tempore with like effect, and this appointment shall be entered in the minutes of the council.
Ala. Code § 11-51-126 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-126
Section 11-51-126 Express Companies
Status: in_force

(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 of doing business within the municipal limits a privilege or license tax to be computed and based on the population of said cities or towns as fixed by the last federal census as follows:

(1) In municipalities having a population of 500 people or less, $2.50 per annum;

(2) In municipalities having a population of over 500 people and not exceeding 1,000, $15.00 per annum;

(3) In municipalities having a population of over 1,000 and not exceeding 2,000, $25.00 per annum;

(4) In municipalities having a population of over 2,000 and not exceeding 3,000, $35.00 per annum;

(5) In municipalities having a population of over 3,000 and not exceeding 4,000, $45.00 per annum;

(6) In municipalities having a population of over 4,000 and not exceeding 5,000, $75.00 per annum;

(7) In municipalities having a population of over 5,000 and not exceeding 10,000, $125.00 per annum;

(8) In municipalities having a population of over 10,000 and not exceeding 15,000, $175.00 per annum;

(9) In municipalities having a population of over 15,000 and not exceeding 20,000, $200.00 per annum;

(10) In municipalities having a population of over 20,000 and not exceeding 25,000, $250.00 per annum;

(11) In municipalities having a population of over 25,000 and not exceeding 30,000 inhabitants, $300.00 per annum; and

(12) In municipalities having a population of over 30,000, $500.00 per annum.

(b) The license or privilege taxes provided in subsection (a) of this section shall be paid to the several towns and cities according to population as stated and shall be in lieu of all other license or privilege taxes required of said express companies by any municipal authority thereof; provided, that if a municipality should be incorporated subsequent to any federal census, the population shown in the charter of incorporation shall determine the amount of the license due until the next federal census shall find and declare such population.

(c) This section shall not apply to bus lines which pay a license and mileage tax under Article 3 of Chapter 3 of Title 48 and which carry express as a regular part of their business of hauling passengers.
Ala. Code § 11-43A-13 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-13
Section 11-43A-13 Filing of Statement of Candidacy for Office of Mayor or Councilman; Qualifications
Status: in_force

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 of candidacy as required and authorized by the general municipal election laws. The candidate shall state the office to which he seeks election and shall have the qualifications prescribed by the general municipal election laws.
Ala. Code § 11-50A-12 — Alabama Code / Title 2 / Chapter 50A / Section 11-50A-12
Section 11-50A-12 Bond Provisions; Destroyed Bonds; Interest; Cancellation; Paying Agents
Status: in_force

(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 issue, maturity date, principal amount, and interest rate per annum as the bond so mutilated, lost, stolen, or destroyed. The new bond shall have attached thereto coupons corresponding in all respects to those, if any, on the bond mutilated, lost, stolen, or destroyed; provided, that (i) in the case of any mutilated bond, that bond together with all unmatured coupons appertaining thereto is first surrendered to the authority, (ii) in the case of any lost, stolen, or destroyed bond, there is first furnished evidence of the loss, theft, or destruction satisfactory to the authority together with indemnity satisfactory to the authority, (iii) all other reasonable requirements of the authority are complied with, and (iv) expenses in connection with the transaction are paid. In the event any coupon is mutilated, lost, stolen, or destroyed, the authority may issue a duplicate coupon upon the same terms and conditions as those provided for the replacement of mutilated, lost, stolen, or destroyed bonds. Any bond or coupon surrendered for exchange shall be cancelled in accordance with the provisions of this section.

(b) Interest shall cease to accrue on any bond or coupon on the date that the bond or coupon becomes due for payment if payment is made or duly provided for, but liability for any matured bond or coupon and for the accrued interest thereon shall continue until the bond or coupon, as the case may be, is seven years overdue for payment. At that time, unless demand for payment has been made, this obligation shall be extinguished and shall be deemed no longer outstanding.

(c) Unless otherwise directed by the authority, every evidence of indebtedness and interest coupon paid, exchanged or otherwise retired shall forthwith be marked “cancelled” and shall be delivered by the paying agent making payment thereof to the authority where it shall be destroyed and a certificate of destruction shall be filed in the records of the authority.

(d) The authority shall maintain records containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, cancellation, destruction, and every other relevant transaction.

(e) The authority may appoint one or more paying agents within or without the state for each issue or series of bonds. Each paying agent shall be a bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust business. The authority may make any provisions respecting paying agents which it deems necessary or useful and may enter into a contract with any paying agents containing any terms, including compensation, and conditions in regard to the paying agents which it deems necessary or useful.
Ala. Code § 11-46-51 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-51
Section 11-46-51 Instruction of Voters in Use of Machines; Oath, Etc., of Disabled Voters; Assistance of Voters
Status: in_force

(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 enters the voting machine booth regarding the operation of the machine and shall give the voter opportunity personally to operate the model. No voter shall be permitted to receive any assistance in voting at any election, unless he shall first state in writing upon printed forms supplied for that purpose and under oath or affirmation, which shall be administered to him by the inspector, that he is blind or that he cannot read the names on the voting machines or that, by reason of physical disability, he is unable to see the machine or prepare it for voting or to enter the voting machine booth without assistance. The voter shall state the specific physical disability which requires him to receive assistance. Thereupon the voter may request assistance of two inspectors of his choice or some other person of his own choice and he shall be assisted by the two election officials of his choice or by such other person who shall aid him in voting, and the inspector shall forthwith enter in writing on the record of assisted voters the voter’s name, the fact that the voter cannot read the names on the voting machine, if that shall be the reason for requiring assistance and, otherwise, the specific physical disability which requires him to receive assistance and the name of the election officials or such other person furnishing the assistance. Further, should an illiterate voter desire the assistance of a federal observer in casting his ballot, the election officials shall permit such federal observer to assist such illiterate voter in casting his ballot.

If any voter, after entering the voting machine booth and before the closing of such booth shall ask for further instruction concerning the manner of voting, he may choose an election officer or other person of his choice who shall give him such instructions, but no official or other person giving a voter such instructions shall in any manner request, suggest, or seek to persuade or induce any such voter to vote any particular ticket, or for any particular candidate or for or against any particular question. After giving such instructions and before the elector closes the booth or votes, the election officer or other person shall retire, and the voter shall forthwith vote.

(b) It shall be unlawful for any official to assist a voter who has not made the oath required in subsection (a) of this section, or for an official or any other person to do anything to enable himself to see how any voter votes other than in the course of assisting a voter as provided in subsection (a) of this section.
Ala. Code § 11-60-15 — Alabama Code / Title 2 / Chapter 60 / Section 11-60-15
Section 11-60-15 Authority and Procedure for Dissolution of Corporations; Vesting of Title to Funds and Properties Thereof in Municipalities Upon Dissolution
Status: in_force

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 with and all bonds theretofore issued and all obligations theretofore incurred by the corporation have been fully paid, the then members of the board of directors of the corporation shall thereupon execute and file for record in the office of the judge of probate of the county in which the corporation is organized a certificate of dissolution reciting such facts and declaring the corporation to be dissolved. Such certificate of dissolution shall be executed under the corporate seal of the corporation.

Upon the filing of such certificate of dissolution, the corporation shall stand dissolved, the title to all funds and properties owned by it at the time of such dissolution shall vest in the municipality, and possession of such funds and properties shall forthwith be delivered to such municipality.
Ala. Code § 11-61A-20 — Alabama Code / Title 2 / Chapter 61A / Section 11-61A-20
Section 11-61A-20 Bonds Deemed Legal Investment
Status: in_force

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 the fiduciary relation or by the document that is the source of the fiduciary’s authority. The bonds shall be legal investments for savings banks and insurance companies organized under the laws of the state.
Ala. Code § 2-33-5 — Alabama Code / Title 2 / Chapter 33 / Section 2-33-5
Section 2-33-5 Health Benefits Contracts; Participant Certification
Status: in_force

(a) Health benefits contracts provided under this chapter shall not be subject to individual post-claim medical underwriting while coverage remains in effect, and no member covered under a health benefits contract provided under this chapter shall be subject to cancellation, nonrenewal, modification, or increase in premium for reason of a medical event.

(b) In order to purchase health benefits offered by a nonprofit agricultural organization under this chapter, an individual shall certify that he or she does not have the option to participate in an employer-sponsored health plan, or that he or she has the option to participate in an employer-sponsored health plan but the cost to the individual is more than nine percent of his or her household income.
Ala. Code § 11-43C-53 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-53
Section 11-43C-53 Budget Effective Upon Final Adoption; Certification; Printing and Distribution
Status: in_force

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 the mayor and the city clerk and filed in the office of the director of finance. The budget so certified shall be printed, mimeographed, or otherwise reproduced and sufficient copies thereof shall be made available for the use of all offices, departments, and agencies and for the use of the citizens of the city who request a copy.
Ala. Code § 11-43A-115 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-115
Section 11-43A-115 Adoption of Form of Government by Majority of Votes
Status: in_force

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 further action, be adopted (or continued, if then currently in effect) by the municipality on the first Monday in October following the next regularly scheduled municipal election. If the majority of votes are in favor of the mayor-council form of government, then the mayor-council form of government as prescribed in Section 11-43-1 et seq., shall, without further action, be adopted by the municipality on the first Monday in October following the next regularly scheduled municipal election, and this article shall no longer apply. If the mayor-council form of government is so adopted, then municipalities having a council elected from seven single-member districts shall continue to have seven districts with the same boundaries. Under such circumstances, there shall be no need for such municipality to adopt a separate ordinance as contemplated by Section 11-43-63.
Ala. Code § 11-50-122 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-122
Section 11-50-122 Enforcement of Charges
Status: in_force

Any municipality shall have the power to enforce collection of any such sanitary sewer service charges by discontinuance of sanitary sewer service to any premises with respect to which payment of such charges is delinquent and disconnection of such premises from the municipality’s sewer system and shall further have the power to enforce collection of such sanitary sewer service charges by discontinuance of water service to such premises and disconnection of such premises from any water distribution system owned by the municipality, regardless of whether such water distribution system shall have been combined with the sewer system and regardless of whether payment of any charge for water may be delinquent.
Ala. Code § 11-54B-50 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-50
Section 11-54B-50 District Management Corporation Limits, Powers, and Duties
Status: in_force

(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 exercise their powers in a manner consistent with that law.

(b) To qualify for designation by ordinance to manage a self-help business improvement district, the articles of incorporation of a proposed district management corporation shall provide all of the following:

(1) That a board of directors shall manage the property, business, and affairs of the corporation.

(2) The names and addresses of the initial members of the board of directors.

(3) That the initial members of the board shall be divided into three groups which are as equal in number as is possible, that those groups will serve for initial terms of one, two, and three years respectively, and that all directors thereafter elected by the board of directors shall serve for a term of three years.

(4) That the members of the board of directors elected after the expiration of the initial terms set forth in subdivision (3) shall be elected by a majority vote of the owners of assessed real property or, in the case of districts funded by assessments against a particular class of businesses, of businesses of the designated class and dues paying members present after notice by first class mail.

(5) That a majority of the board of directors own real property or, in the case of districts funded by assessments against a particular class of businesses, of businesses of the designated class located in the geographical area of the district.

(6) That no funds received by the corporation from assessments on the property or businesses located in the district shall be expended except in accordance with the budget adopted or amended under the provisions of this article.

(7) That vacancies on the board of directors resulting from death, resignation, or removal shall be filled by the remaining members of the board of directors of the district management corporation for the unexpired portion of the term.

(8) That at least once a year after designation, the corporation shall hold a general membership and public meeting appropriately advertised in the district at a place convenient to persons concerned with the operation of the district.

(9) That the corporation shall receive written suggestions from businesses in the district at any time.

(10) That municipal representatives designated by the mayor and by the governing body of the municipality shall be authorized to attend and participate in regular and called meetings of the board of directors of the district management corporation, but shall not vote on any matters considered by directors.

(11) That no amendment to the articles of incorporation or any bylaws shall be effective unless approved by the board of directors of the district management corporation.

(12) That a director shall receive no compensation for his or her service as a director, but shall be entitled to receive reimbursement for expenses actually incurred in the performance of his or her duties as approved by the board.

(13) That upon dissolution, or upon any withdrawal of the designation as the district management corporation, all interests in and title to funds held by or for the corporation, and all property of the corporation shall be transferred and assigned to a successor district management corporation, or if no successor district management corporation exists, to the general fund of the municipality for use in funding the programs as the board of directors of the district management corporation shall direct and designate.

(c) The district management corporation may do all things necessary to implement its purposes, including, but not limited to, the following:

(1) Adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations, and policies in connection with the performance of its functions and duties.

(2) Employ persons as may be required and fix and pay their compensation from funds available to the corporation.

(3) Apply for, accept, administer, and comply with the requirements respecting an appropriation of funds or a gift, grant, or donation of property or money.

(4) Make and execute agreements as may be necessary or convenient to the exercise of the powers and functions of the corporation, including contracts with any person, firm, corporation, governmental agency, or other entity.

(5) Administer and manage corporate funds and accounts and pay corporate obligations.

(6) Borrow money from private lenders or from governmental entities.

(7) Enforce the conditions of any loan, grant, sale, or lease made by the corporation.

(8) Provide security, sanitation, and other services to the district supplemental to those provided by the municipality.

(9) Advertise the district and businesses included within the district.

(10) Recruit new businesses to fill vacancies in the district.

(11) Organize and promote special events in the district.

(12) Provide special parking arrangements or management of ongoing parking programs for the district.

(13) Participate in other governmental programs which are qualified and included in its approval plan.

(14) Undertake other activities or initiatives within the district as the board of directors of the district management corporation deem appropriate.
Ala. Code § 11-54-101 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-101
Section 11-54-101 Powers Cumulative; Administrative Fees
Status: in_force

(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 Industrial Development Board Act.

(b) In addition to any other powers conferred by this division, in order to encourage economic and industrial development and to promote the creation of jobs within any Class 1 municipality, any industrial development board in a Class 1 municipality whose directors are elected by the governing body of the Class 1 municipality that grants a tax abatement pursuant to Chapter 9B of Title 40, may charge an administrative fee in an amount not to exceed .0025 percent of the total estimated investment amount for the project up to an estimated investment amount of forty million dollars ($40,000,000) as reflected in the application for abatement of taxes submitted to a board by a private entity, business, or other private user, as defined in Section 40-9B-3. Notwithstanding any other provision of law, an administrative fee received pursuant to this subsection shall be retained and used by the board for economic or industrial development data mining; data-driven economic or industrial development projects; the location, development, or acquisition of potential industrial sites or industrial parks; and for other lawful purposes for which the industrial development board is authorized to use funds pursuant to this division.
Ala. Code § 2-10-56 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-56
Section 2-10-56 Contents of Articles of Incorporation; Signing, Acknowledgment and Filing
Status: in_force

Each association formed under this article shall prepare and file articles of incorporation, setting forth: the name of the association; the purposes for which it was formed; the place where its principal business will be transacted; the term for which it is to exist; the number of directors thereof, which must not be less than five and may be any number in excess thereof; the term of office of such directors; the names and addresses of the persons who are to serve as incorporating directors until their successors are elected and qualified; if organized without capital stock, whether the property rights and interest of each member shall be equal or unequal, and, if unequal, the articles shall set forth the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed, and the association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members in accordance with such general rule or rules; and, if organized with capital stock, the amount of such stock and number of shares into which it is divided and the par value thereof. The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted and the nature and extent of the preference and privileges granted to each.

The articles must be subscribed by the incorporators and acknowledged by one of them before an officer authorized by the law of this state to take and certify acknowledgments of deeds and conveyances and shall be filed in accordance with the provisions of the general corporation law of this state. When so filed, the said articles of incorporation or certified copies thereof shall be received in all the courts of this state and in other places as prima facie evidence of the facts contained therein and of the due incorporation of such association.
Ala. Code § 2-15-271 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-271
Section 2-15-271 Effective Date of Rules and Regulations; Notice to Veterinarians, County Agricultural Extension Chairmen, Manufacturers, Etc., of Rules
Status: in_force

Rules and regulations adopted and promulgated under authority of Section 2-15-270 shall not become effective until the expiration of a period of not less than 30 days from the date on which such rules and regulations are adopted, and during such 30-day period the Department of Agriculture and Industries shall give notice thereof to all practicing veterinarians in Alabama, each county agricultural extension chairman and every person, firm, partnership or corporation known to manufacture, sell, handle and distribute any products in Alabama that may be controlled or regulated by such rules and regulations.
Ala. Code § 11-47-138 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-138
Section 11-47-138 Establishment, Regulation, Etc., of Slaughterhouses and Pens; Regulation of Sale, Etc., of Fresh Meats, Etc.; Fees and Charges
Status: in_force

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 a specified limit in or outside of the city or town or prohibit the same within the police jurisdiction of the city or town, and to regulate the sale of fresh meats within the city or town, whether butchered therein or not, and to establish a system of inspecting such slaughterhouses and such meats, either before or after the same are butchered, and to prohibit the sale of such meats after the same are condemned, and provide for the disposition thereof. Such cities and towns shall also have the power to provide for the weighing and herding outside of the city or town of all livestock intended for slaughter and to fix, regulate, and collect reasonable fees and charges to pay the expenses of carrying out the powers granted in this section.
Ala. Code § 22-58-2 — Alabama Code / Title 2 / Chapter 58 / Section 22-58-2
Section 22-58-2 Legislative Findings
Status: in_force

The Legislature finds the following:

(1) ADMH is the state’s lead agency to implement this chapter, as well as the expert in the following areas:

a. Knowledge and expertise in behavioral health care services.

b. Certifications and implementation of the Certified Community Behavioral Health Clinic (CCBHC) model.

c. State and national standards of behavioral health care, treatment, and services.

d. Infrastructure and best practices needed to implement behavioral health care treatment, recovery, and prevention services.

(2) ADVA is the state’s expert in the following areas:

a. Military experience and culture.

b. Relationships and trust with Alabama veterans.

c. Knowledge of veterans’ state and federal benefits and resources.

d. Types of support needed for veterans to reintegrate into civilian life.
Ala. Code § 11-54-86 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-86
Section 11-54-86 Board of Directors
Status: in_force

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 any number of directors, not less than seven, five of whom shall be duly qualified electors of and taxpayers in the municipality. At the discretion of the municipal governing body, all of the remaining members shall be qualified electors and taxpayers of the municipality, or up to two of the remaining members may be qualified electors and taxpayers in the area outside of the corporate limits of the municipality where a project may be located. The directors shall serve without compensation except that they shall be reimbursed for their actual expenses incurred in and about the performance of their duties under this article. No director shall be an officer or employee of the municipality. The directors shall be elected by the governing body of the municipality, and they shall be so elected that they shall hold office for staggered terms. At the time of the election of the first board of directors, the governing body of the municipality shall divide the directors into three groups containing as nearly equal whole numbers as may be possible. The first term of the directors included in the first group shall be two years; the first term of the directors included in the second group shall be four years; the first term of the directors included in the third group shall be six years and thereafter the terms of all directors shall be six years; provided, that if at the expiration of any term of office of any director a successor thereto shall not have been elected, then the director whose term of office shall have expired shall continue to hold office until his or her successor shall be so elected. If at the time of the election of any directors there shall be in existence in the municipality a chamber of commerce, board of trade, or other similar civic organization, the directors elected shall be chosen by the governing body from the membership of any one or more of such organizations, unless in the judgment of the governing body there are no members of such organizations who are both suitable and available to serve as directors of the industrial development board.
Ala. Code § 22-52-16 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-16
Section 22-52-16 Applicability of Article
Status: in_force

This article does not apply to commitment to the custody of the State Department of Mental Health of individuals under the age of 19 years who are mentally ill.
Ala. Code § 2-6-75 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-75
Section 2-6-75 Powers of Corporation - Generally
Status: in_force

The corporation shall have the following powers, together with all powers incidental thereto or necessary or convenient to the discharge thereof in corporate form:

(1) To have succession by its corporate name until dissolved as provided in this article;

(2) To sue and be sued and to prosecute and defend civil actions in any court having jurisdiction of the subject matter and of the parties;

(3) To adopt and make use of a corporate seal and to alter the same at pleasure;

(4) To make and alter all needful bylaws, rules and regulations for the transaction of the corporation’s business and the control of its property and affairs;

(5) To borrow money and, in evidence of such borrowing, to sell and issue its securities (whether or not bearing periodic interest) as herein provided for any corporate use or purpose;

(6) To pledge for the payment of the principal of, premium, if any, and interest on such securities, any funds or revenues from which said securities may be made payable as herein provided;

(7) To appoint, employ, discharge and contract with such employees, agents, independent contractors, trustees and depositories, attorneys, accountants, financial experts, underwriters, fiscal agents or other advisors as may in the judgment of the board of directors be necessary or desirable, and to fix and pay their compensation and expenses; and

(8) To make and enter into such contracts, agreements and other actions as may be necessary or desirable to accomplish any corporate purpose and to exercise any power necessary for the accomplishment of the purposes of the corporation or incidental to the powers expressly set out herein.
Ala. Code § 2-19-61 — Alabama Code / Title 2 / Chapter 19 / Section 2-19-61
Section 2-19-61 Permit Required; Fee and Delinquency Penalty
Status: in_force

The proprietor, lessee, or manager of any cotton gin shall procure on or before July 1 of each year from the commissioner a permit to do business as a cotton ginner, the application for which shall be made upon forms to be furnished by the commissioner. The fee for the annual permit shall be established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100), payable to the Commissioner of Agriculture and Industries for deposit to the credit of the Agricultural Fund, which shall accompany the application for the permit. If such permit fee is not paid within 45 days from the due date, a delinquent penalty of 15 percent shall be added.

In the issuance of a permit the commissioner shall consider the responsibility and qualifications, as well as the capacity of the person or persons or corporation to engage in the ginning business, so far as to afford all reasonable facilities, conveniences, and services to the public, and may require the facilities, conveniences, and services to be afforded the public before a permit is granted.

The permit required under this section shall be obtained and the fee therefor paid by any agricultural cooperative association engaged in the operation of a cotton gin, and the exemption allowed such organizations pursuant to Section 2-10-105 or any other exemption statute shall not relieve such cooperative organizations from the requirements of this section.
Ala. Code § 11-52-70 — Alabama Code / Title 2 / Chapter 52 / Section 11-52-70
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
Status: in_force

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 may provide the kind, character and use of structures and improvements that may be erected or made within the several zones or districts established and may, from time to time, rearrange or alter the boundaries of such zones or districts and may also adopt such ordinances as necessary to carry into effect and make effective the provisions of this article.
Ala. Code § 11-54B-43 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-43
Section 11-54B-43 Findings Required for a Public Hearing on the Adoption of a Self-Help Business Improvement District Ordinance
Status: in_force

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 Class 2 municipality finds that:

(1) A request for the creation of a self-help business improvement district which satisfies the requirements of Section 11-54B-44 has been filed with the clerk of the municipality.

(2) The area described in the self-help business improvement plan would benefit from being designated as a self-help business improvement district.

(3) The self-help business improvement district plan required by Section 11-54B-44 includes a designated district management corporation to provide administrative and other services to benefit businesses, employees, residents, and consumers in the self-help business improvement district.

(4) The self-help business improvement district plan includes a special assessment which will be levied by the municipality on the owners of the real property or, in certain cases, on businesses of a particular class, located within the geographical area of the district to finance the supplemental services described in the plan and that the special assessment is expected to produce revenue which is consistent with the annual budget adopted and approved as provided in this article.

(5) The copies of the articles of incorporation and bylaws of the district management corporation shall satisfy the requirements of Section 11-54B-48.

(6) It is in the best interest of the Class 2 municipality and the public to designate the geographical area described in the plan as a self-help business improvement district and to designate a district management corporation to provide administrative and other services to the district.

(7) The existing level of publicly funded services provided by the municipality in the geographical area of the proposed district has been documented in writing and certified by the mayor of the municipality.
Ala. Code § 11-43A-98 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-98
Section 11-43A-98 Effect of Article on Rights and Privileges of Officers, Employees, Departments, Boards, Etc
Status: in_force

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 of the municipality, or any department, board, or agency thereof, as those rights and privileges relate to, among other things, matters of personnel, appointment, rank, grade, tenure of office, promotion, removal, pension rights, retirement rights, and civil rights.
Ala. Code § 11-43B-16 — Alabama Code / Title 2 / Chapter 43B / Section 11-43B-16
Section 11-43B-16 Redistricting of Boundaries After Publication of Census or Change in Corporate Limits
Status: in_force

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 is 10 percent more or less than the total population of the city divided by the number of council districts, then the council shall redistrict the boundaries in the following manner:

(1) Within six months after the publication of such a census or after such a change in the corporate limits, the mayor shall file with the council a report recommending a plan for redistricting of the boundaries in accordance with the following standards:

a. Each district shall be formed of contiguous and, to the extent reasonably possible, compact territory, and its boundary lines shall be the center lines of streets or other well-defined boundaries;

b. Each district shall contain as nearly as possible the same population, but shall not vary by more than five percent from the average.

(2) The council shall enact a redistricting ordinance within six months after receiving such report. If the council fails to enact a redistricting ordinance within that period, the redistricting plan submitted by the mayor shall automatically become effective, without any action by the council, as if it were a duly adopted ordinance.

(3) No redistricting ordinance shall apply to any election held within six months after it becomes effective. No new district boundary shall become effective until the next regular municipal election. No term of an incumbent member of the council shall be shortened because of any redistricting.
Ala. Code § 11-40-53 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-53
Section 11-40-53 Appeal from Order of Administrative Review Body to Circuit Court
Status: reserved

Repealed by Act 2017-304, §11, effective May 16, 2017.
Ala. Code § 2-2-12 — Alabama Code / Title 2 / Chapter 2 / Section 2-2-12
Section 2-2-12 Legal Counsel for Department
Status: in_force

The Commissioner of Agriculture and Industries, with the approval of the Attorney General, shall be authorized, subject to the provisions of the state Merit System law, to appoint a legal counsel for the state Department of Agriculture and Industries. He shall be commissioned as an assistant attorney general and shall have the authority and duties of an assistant attorney general, but he shall devote his entire time to the business of the Department of Agriculture and Industries.

The compensation for the said legal counsel shall be paid out of funds appropriated to the state Department of Agriculture and Industries and in the same manner as the compensation of other employees is paid.
Ala. Code § 11-44A-6 — Alabama Code / Title 2 / Chapter 44A / Section 11-44A-6
Section 11-44A-6 Reapportionment of Council Districts
Status: in_force

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 of a substantial change in the corporate limits, there shall be a reapportionment of the council districts in the manner hereinafter provided:

(1) The mayor shall, within six months after the publication of each federal census of population for the municipality or within six months after there shall have been any substantial change in the corporate limits of the municipality, file with the council a report containing a recommended plan for reapportionment of the council district boundaries to comply with the following specifications:

a. Each district shall be formed of contiguous and, to the extent reasonably possible, compact territory, and its boundary lines shall be the center lines of streets or other well-defined boundaries;

b. Each district shall contain as nearly as is possible the same population, but not more than five per centum more or less than the average.

(2) The council shall enact a redistricting ordinance within six months after receiving such report. If the council fails to enact the redistricting ordinance within the said six months, the redistricting plan submitted by the mayor shall become effective without enactment by the council, as if it were a duly enacted ordinance.

(3) Such redistricting ordinance shall not apply to any primary or regular or special election held within six months after its becoming effective. No incumbent member of the council shall be deprived of his unexpired term of office because of such redistricting.
Ala. Code § 22-52-70 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-70
Section 22-52-70 Procedure for Commitment to Mental Health Facility
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 2-19-120 — Alabama Code / Title 2 / Chapter 19 / Section 2-19-120
Section 2-19-120 Legislative Findings and Purpose
Status: in_force

The Legislature has found and determined and does hereby declare that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. Due to the interstate nature of boll weevil infestation, it is necessary to secure the cooperation of cotton growers, and other state and federal governments to carry out a program of boll weevil suppression or eradication. The purpose of this article is to secure the suppression or eradication of the boll weevil and to provide for certification of a cotton grower’s organization to cooperate with state and federal agencies in the administration of cost-sharing programs for the suppression or eradication of the boll weevil. This article should be liberally construed to achieve these above purposes.
Ala. Code § 11-42-158 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-158
Section 11-42-158 Collection and Disbursement of Taxes
Status: in_force

The consolidated municipality shall collect all taxes or other obligations due the consolidating municipalities and disburse the same.
Ala. Code § 11-42-208 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-208
Section 11-42-208 Entry of Order Dismissing Proposal for Adoption of Proposed Corporate Limits
Status: in_force

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 entered by the probate judge dismissing said proposal.
Ala. Code § 11-61-1 — Alabama Code / Title 2 / Chapter 61 / Section 11-61-1
Section 11-61-1 Definitions
Status: in_force

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 in which the general legislative power of a town or city is vested.

(2) PARKING FACILITY. Any building, structure, land, leasehold estate, interest in land, right-of-way, equipment, or facility used or useful in connection with the construction, enlargement, development, maintenance, or operation of any area or building for off-street parking of motor vehicles.
Ala. Code § 11-43-53 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-53
Section 11-43-53 Aldermen Not to Hold Other Municipal Offices or Have Interest, Etc., in Municipal Contracts, Etc.; Penalty
Status: in_force

(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 which shall be created or the emoluments of which shall be increased during the term for which he shall have been elected; nor shall he be interested, directly or indirectly, in any contract or job for work or material, or the profits thereof or services to be performed for the corporation, except as provided in this title.

(b) Any person who violates any of the provisions of this section shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not less than $50.00 nor more than $1,000.00, and may also be sentenced to hard labor for the county for not more than six months.
Ala. Code § 11-43A-1 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-1
Section 11-43A-1 Applicability of Chapter to Classes of Municipalities; Short Title
Status: in_force

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 in the manner hereafter in this article provided. This article shall be known as the “Council-Manager Act of 1982.”
Ala. Code § 2-17-12 — Alabama Code / Title 2 / Chapter 17 / Section 2-17-12
Section 2-17-12 Inspection of Cattle, Sheep, Swine, Poultry, Etc., Slaughtered and Prepared in Slaughtering and Processing Establishments; Assignment of Inspectors and Designation of Days and Hours When Slaughtering and Processing to Be Done
Status: in_force

(a) The commissioner shall cause an examination and inspection of all cattle, sheep, swine, goats, horses, mules and other equines and poultry and the food products thereof slaughtered and prepared in the establishment described in Section 2-17-11 for the purposes of intrastate commerce, as directed or provided in this chapter, to be made during the nighttime as well as during the daytime when the slaughtering of said animals or birds or the preparation of food products therefrom is conducted during the nighttime.

(b) One inspector may be assigned to two or more establishments where few animals or birds are slaughtered or where small quantities of carcasses, meat or poultry or meat food products and poultry food products are processed. When such inspector assignments are made, the commissioner shall designate the days and hours when slaughtering and processing will be done.
Ala. Code § 2-15-192 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-192
Section 2-15-192 Establishment of Disease Control Program by State Board
Status: in_force

The State Board of Agriculture and Industries is hereby further authorized and empowered to establish a program which shall include methods and procedures whereby all persons owning cattle and calves in Alabama shall be required to make such animals available for testing by the State Veterinarian at such time and place and in such a manner as may be prescribed under rules and regulations adopted by the State Board of Agriculture and Industries for this purpose to the end that it may be determined whether the disease of brucellosis is found to exist in or among such animals. Any cattle or herds of cattle which react positively or are otherwise found to be infected with brucellosis may be quarantined, released therefrom, moved, handled and disposed of under conditions and requirements as may be established by the State Board of Agriculture and Industries pursuant to rules and regulations adopted and promulgated as authorized under this section. Any such disease control program as may be established under this section by the State Board of Agriculture and Industries may provide for uniform methods and procedures for the establishment of brucellosis free areas, certified areas, modified certified areas, recertification, individual herd certification or other recognized methods and procedures for control and eradication of brucellosis in cattle. Any such control program may also provide for the method of treatment or vaccination, the proper identification of any animals which react to any brucellosis test or which have been vaccinated or otherwise treated for such disease, and such disease control program may require owners of cattle to vaccinate such cattle for the prevention, treatment and control of brucellosis at state expense to the extent that funds may be available for such purpose or at the owner’s expense.
Ala. Code § 11-40-35 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-35
Section 11-40-35 Payment of Assessments
Status: in_force

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 same has heretofore or may hereafter be amended. Any Class 2 municipality may use the provisions of Section 11-48-48.1 as the same has heretofore or may hereafter be amended. Upon the property owner’s failure to pay the assessment the officer designated by the municipality to collect the assessments shall proceed to collect the assessment as provided in Sections 11-48-49 to 11-48-60, inclusive. The municipality may, in the latter notice, elect to have the tax collector or revenue commissioner collect the assessment by adding the assessment to the tax bill. Upon the election, the tax collector or revenue commissioner shall collect the assessment using all methods available for collecting ad valorem taxes.
Ala. Code § 11-43A-88 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-88
Section 11-43A-88 Council to Be Judge of Election and Members’ Qualifications; Investigation; Judicial Review
Status: in_force

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 have the power to subpoena witnesses and to require the production of records, but the decision of the council in any such case shall be subject to review by a court of competent jurisdiction.
Ala. Code § 11-44-22 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-22
Section 11-44-22 Meetings of Board of Commissioners - Record of Proceedings
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 22-51-10 — Alabama Code / Title 2 / Chapter 51 / Section 22-51-10
Section 22-51-10 Professional Advisory Committee
Status: in_force

The board of directors of the corporation shall appoint a professional advisory committee of three or more members, one of which must be a physician practicing in the area of the board’s jurisdiction.
Ala. Code § 11-67-26 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-26
Section 11-67-26 Account of Cost of Abatement or Removal of Nuisance; Report to Governing Body; Posting of Report
Status: in_force

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 of or on each separate lot or parcel of land where the work is done by it or its employees, or by a duly authorized private contractor, company, enterprise, or individual, and shall render an itemized report in writing to the governing body of the municipality showing the cost of removing the nuisance on each separate lot, or in front of the lot and before the report is submitted to the governing body, a copy of the report shall be posted for at least five days prior thereto on or near the chamber door of the governing body, together with a notice of the time when the report shall be submitted to the governing body for confirmation.
Ala. Code § 11-49C-1 — Alabama Code / Title 2 / Chapter 49C / Section 11-49C-1
Section 11-49C-1 Agreements with Contiguous Municipalities in Other States
Status: in_force

Any Class 8 municipality in Alabama may enter into agreements with other municipalities in other states if the other municipalities are contiguous to the Alabama municipality and share expenses related to operation of public transportation systems, fire fighting services, law enforcement services, and public works.
Ala. Code § 2-22-3 — Alabama Code / Title 2 / Chapter 22 / Section 2-22-3
Section 2-22-3 Administration of Chapter
Status: in_force

This chapter shall be administered by the Commissioner of Agriculture and Industries of the State of Alabama, hereinafter referred to as “commissioner.”
Ala. Code § 11-44F-2 — Alabama Code / Title 2 / Chapter 44F / Section 11-44F-2
Section 11-44F-2 Boundaries of Districts
Status: in_force

The ordinance establishing the districts shall describe the territory composing each district and its boundary line shall be the centerline of streets or other well-defined boundaries.
Ala. Code § 11-67-145 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-145
Section 11-67-145 Failure to Abate Condition; Assessing Cost of Abatement
Status: in_force

(a) If the owner fails, neglects, or refuses to abate the nuisance, or the nuisance is not otherwise abated, (1) within the time permitted to do so as stated in the enforcing official’s notice, where such notice was not suspended by the request for a hearing before the administrative official; or (2) within the time permitted to do so as stated in the administrative official’s written determination, then the municipality may enter upon the property and abate the nuisance using its own forces, or it may provide by contract for the abatement. However, if an appeal has been taken to the circuit court as provided in Section 11-67-144, then the municipality may not abate the nuisance until the determination or judgment authorizing abatement becomes final as provided by law.

(b) Upon completion of the abatement work performed by the municipality, including work by contractors employed by the municipality, the enforcing official shall compute the expenses of the municipality for the abatement of the nuisance, including, but not limited to, cost of labor, value of the use of the equipment, advertising expenses, postage, administrative expense, legal expense, and materials purchased which were incurred by the municipality as a result of the work. An itemized statement of the expenses shall be given by first class mail to the last known address of the owner of the property. This notice shall be sent at least five days in advance of the time fixed by the municipal governing body to consider the assessment of the cost against property.

(c) At the time fixed for receiving and considering the statement, the municipal governing body shall hear the same, together with any objections which may be raised by the owner whose property is liable to be assessed for the expenses of the municipality for the abatement of the nuisance, and thereupon make modifications in the statement as deemed necessary, after which a resolution may assess the cost. The cost stated in the resolution shall constitute a lien on the property and shall be referred to as a weed lien on the property. A weed lien established pursuant to this article is subject to and subordinate to any mortgage or security interest recorded prior to the recordation of the weed lien.

(d) A copy of the resolution shall be given to the county tax collecting official. It shall be the duty of the county tax collecting official to add the costs of the weed lien to the next regular bill for taxes levied against the property subject to the weed lien, and thereafter, the costs shall be collected and remitted to the municipality at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency; provided, however, that if the foreclosure and sale is the result of a delinquency caused by a weed lien, the municipality shall reimburse the county tax collecting official for all costs associated with the foreclosure and sale unless the costs are collected at the time of sale as part of the sale.

(e) The municipal clerk may also cause a certified copy of the resolution showing the weed lien to be filed for recording in the office of the judge of probate.
Ala. Code § 11-44E-52 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-52
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
Status: in_force

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 public property of the city organized under the provisions of this chapter, either in, under, upon, along, through, or over same shall take effect and be in force until 30 days after the final enactment of same by the commission, and publication of said resolution, or ordinance in full once a week for three consecutive weeks in some newspaper published in the city, which publication shall be made at the expense of the persons, firms, or corporations applying for the grant.

Pending the passage of any such resolution or ordinance, or during the time intervening between its final passage and the expiration of the 30 days during which publication shall be made as above provided, the legally qualified voters of the city may by written petition or petitions addressed to the subject of such grant, and if during this period such written petition or petitions signed by at least a number of qualified inhabitants equal to four for every 100 inhabitants of the city or fraction thereof, according to the last federal census, shall be filed with the commission, the commission shall forthwith order an election, at which the legally qualified voters of the city shall vote for or against the proposed grant as set by resolution or ordinance. In the call for the election, the resolution or ordinance making the grant shall be published at length and in full at the expense of the city in some newspaper in the city. One publication shall be sufficient for the purposes of this section.

If at such election the majority of the votes are in favor of the resolution or ordinance and the making of the proposed grant, the same shall thereupon become effective; but if a majority of the votes so cast shall be against the passage of the resolution, or ordinance and against the making of the grant, the resolution, or ordinance shall not become effective, nor shall it confer any rights, powers or privileges of any kind, and it shall be the duty of the commission, after the result of the election is determined, to pass a resolution or ordinance to that effect.

No grant of any franchise or lease or right of user, or any other right in, under, upon, along, through, or over, the streets, public highways, thoroughfares, or public property of any such city shall be made or given, nor shall any such rights of any kind whatsoever be conferred upon any person, firm, or corporation, except by resolution or ordinance, duly passed by the commission at some regular or adjourned meeting, and published as above provided for; nor shall any extension or enlargement of any such rights or powers previously granted, be made or given except in the manner and subject to all the conditions herein provided for as to the original grant of same.

Any waterworks plant and system, sewer plant and system, electric plant and system, and gas plant and system, or any one or more of such plants and systems now or hereafter owned by any Class 5 municipality shall be authorized to transfer and convey one or more of such plants or systems, or any part of such plants or systems, or any rights incidental thereto to any board or public corporation organized under the provisions of Section 11-50-1 et seq. as amended, or under any subsequent act providing for the incorporation of like boards to own and operate any waterworks plant or system, any sewer plant or system, any electric plant or system, or any gas plant or system, whether such board was incorporated with the approval of the city owning such plant or system, or with the approval of some other city in Alabama, the governing body owning any such plant and/or systems shall provide for an election at which the qualified voters of such city shall be allowed to vote on such proposition, which election shall be held in accordance with this chapter except that no written petition or petitions to the governing body of the city owning such plants or systems shall be required for the holding of such election herein provided.

Except as herein provided for, and at the time holding of the same, all elections herein required shall be held according to the general laws of Alabama. At any such election the proposition to be submitted to the voters shall be:

“Shall the governing body of the City of ______ be authorized to transfer and convey the city-owned waterworks plant and system, sewer plant and system, electric plant and system, gas plant and system, or any one or more thereof, or any part or parts of such plants or systems, or any rights incidental thereto to any board or public corporation organized under Section 11-50-1 et seq. of the Code of Alabama (1975) as amended, or to any board created or established by any subsequent Act providing for the incorporation of like boards to own and operate any such plant and/or systems, the members of which board will not be elected by the qualified voters of the City of _____ ? NO ___ YES ___.”
Ala. Code § 2-25-17.2 — Alabama Code / Title 2 / Chapter 25 / Section 2-25-17.2
Section 2-25-17.2 Procedures for Fumigation or Treatment of Infested Plants, Etc
Status: in_force

The commissioner is authorized to supervise or cause the fumigation or treatment of nursery stock, plants and plant products infested or infected by plant pests and/or noxious weeds. Fumigation or treatment may be performed by private employees or other persons supervised by the commissioner.
Ala. Code § 11-49-40 — Alabama Code / Title 2 / Chapter 49 / Section 11-49-40
Section 11-49-40 Authorized
Status: in_force

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 of more than 35,000 inhabitants shall have full power and authority to require railroad companies to construct and maintain within the city limits viaducts, bridges, and tunnels or parts of viaducts, bridges, and tunnels and their approaches over, along, or under the tracks at their own expense, such bridges and their approaches, tunnels or other conveniences at public crossings and such viaducts and their approaches over their tracks where the same cross or extend along public highways or streets.
Ala. Code § 2-8-129 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-129
Section 2-8-129 Negative Vote in Referendum
Status: in_force

If in any referendum held under the provisions of this article a majority of the producers in the area in which the referendum is conducted, eligible to participate and voting therein, shall vote in the negative and against the levying or collection of the assessment, then no assessment shall be levied or collected.
Ala. Code § 2-17-31 — Alabama Code / Title 2 / Chapter 17 / Section 2-17-31
Section 2-17-31 Admissibility of Evidence of Violations of Chapter or Regulations Promulgated Thereunder in Civil Actions for Damages Against Persons, Firms, Etc., Subject Thereto
Status: in_force

It shall be competent evidence in any civil action brought for damages against any person, firm or corporation regulated by this chapter to prove that such person, firm or corporation has violated any term or provision of this chapter or any regulation promulgated under this chapter where such act or failure to act is proximately related to the injury or loss for which damages are claimed, but proof of any acts or failure to act which may constitute a violation of any term or provision of this chapter or of any regulation promulgated under this chapter shall not constitute prima facie proof of negligence in any such action against the party sought to be charged with damages.
Ala. Code § 11-44A-14 — Alabama Code / Title 2 / Chapter 44A / Section 11-44A-14
Section 11-44A-14 Continuation of Laws Relating to Certain Boards, Etc
Status: in_force

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 recreation board, municipally owned public utility, and any municipally owned service enterprise, including inter alia, electric, gas and water boards, agencies, etc., and any board, authority, agency, etc., given such independent status, as the same may apply and be in effect at the time when the municipality shall elect to be governed by the provisions of this article, shall continue in full force and effect and without interruption or change as to the establishment or conduct of any such authority, board or agency, until otherwise provided by law.
Ala. Code § 11-50-290 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-290
Section 11-50-290 Contracts Between Municipalities and Waterworks Board for Operation and Management of Sanitary Sewer Systems
Status: in_force

(a) The city or town council, city commission, or other governing body of any incorporated municipality in the State of Alabama in which a waterworks board organized pursuant to Sections 11-50-230 through 11-50-237, 11-50-240 and 11-50-241 may be operating is hereby authorized, in behalf of such municipality, to enter into contracts with such board, and such board is authorized to enter into contracts with such municipality, whereunder such board shall act as agent of such municipality for the operation and management of any one or more sanitary sewer systems located in such municipality.

(b) Such contracts may contain such provisions and terms as may be mutually agreed on by the parties thereto respecting the operation and management of the sanitary sewer systems covered thereby, including provisions respecting the furnishing by such board of water for such sanitary sewer systems, provisions respecting the collection and remittance by such board of service charges collected by it for services rendered by or from any such sanitary sewer system after deduction of the charges of such board in connection therewith, and also including provisions for the discontinuance of the furnishing of water by such board to any of its water customers if such customer fails to pay, within a reasonable time as shall be designated by such board, any service charge established by ordinance of such municipality for service rendered to such customer by or from such sanitary sewer system. As an aid to the efficient operation by such board of the sanitary sewer systems covered by any such contract, such board is authorized to establish regulations providing for such discontinuance of water service and to put such regulations into effect.
Ala. Code § 11-46-139 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-139
Section 11-46-139 Miscellaneous Offenses
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-11-37 — Alabama Code / Title 2 / Chapter 11 / Section 2-11-37
Section 2-11-37 Cooperation, Etc., of Commissioner with State or Federal Agencies, Etc
Status: in_force

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, agencies of the federal government and private associations in order to carry out the purpose and provisions of this article.
Ala. Code § 11-44-103 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-103
Section 11-44-103 Certain Persons Not to Become Officers or Employees of Municipality
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-44F-21 — Alabama Code / Title 2 / Chapter 44F / Section 11-44F-21
Section 11-44F-21 Procedures for Referendum
Status: in_force

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 other office or question and shall read substantially as follows:

Check one of the following:

Do you favor the Office of Mayor of the City (Town) of _______ being a full-time position with the City (Town) of _______ for the person elected at the 1996 municipal election and thereafter?

Yes ___ No ___.

The voter shall mark the ballot with a cross mark (x) after the proposition which expresses his or her choice. If voting machines are used at any voting place in the referendum, the proposition may, at the discretion of the election commission or other body or official having charge of the conduct of municipal elections, be submitted as separate propositions on the voting machines.
Ala. Code § 2-6-100 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-100
Section 2-6-100 Short Title
Status: in_force

This article shall be known as the “Garrett Coliseum Redevelopment Act.”
Ala. Code § 11-47-60 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-60
Section 11-47-60 Declaration for Abandonment of Cemetery and Removal of Human Remains Interred Therein - Adoption, Etc
Status: in_force

(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 governing body of the city or town in which such cemetery is located or with the consent and approval of the governing body of the county if such cemetery is located outside the limits of an incorporated municipality, by resolution of its board of directors or other governing body, when assented to in writing filed with the secretary by at least three fourths of the lot owners and holders of such corporation or association or ratified and approved by like vote thereof at any regular meeting of the cemetery corporation or association or at a meeting specially called for that purpose, declare for the abandonment in whole or in part of such cemetery as a burial place for the human dead and for the removal of human remains interred therein to another cemetery or cemeteries in this state or for the depositing of such remains in a memorial mausoleum or columbarium as provided in this division.

(b) Any corporation sole or other person owning or controlling any cemetery or the lands on which any grave or cemetery is located in this state may also declare for the abandonment in whole or in part of any such cemetery owned or controlled by such corporation sole or other person and for the removal of human remains interred therein to another cemetery or cemeteries in this state or the depositing of such remains in a memorial mausoleum or columbarium as provided in this division.
Ala. Code § 11-40-64 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-64
Section 11-40-64 Nature of Rights and Remedies
Status: in_force

(a) Any Class 2 municipality to which this article applies may proceed with judicial in rem foreclosures of municipal code liens in accordance with the provisions of this article by enactment of an ordinance or resolution of the governing authority of the Class 2 municipality in which the real property is located which ordinance or resolution shall be sufficient authority for use of this article by the Class 2 municipality to enforce its municipal code liens.

(b) The ordinance of a Class 2 municipality authorizing and approving the use of this article shall include all the following matters:

(1) The initial effective date for application of these procedures.

(2) If the Class 2 municipality elects not to apply these procedures to all real properties as of the same future date, then the phase-in of these procedures over a period of time and the manner of determination of which real properties are subject in which sequence to these procedures.

(3) The explicit exclusion of owner-occupied properties from the application of the judicial in rem foreclosure procedures authorized in this article.

(4) The nature and extent of notices, support services, and referrals to be provided to the owners and occupants of owner-occupied properties.

(5) Any other matters the Class 2 municipality specifies to be addressed through administrative regulations and policies.

(c) The provisions of the Class 2 municipality ordinance and administrative regulations and policies issued pursuant thereto shall not be in conflict with Sections 11-40-66 through 11-40-69.

(d) Proceedings in accordance with this article are designed solely to enforce the municipal code lien for real property subject to the municipal code lien and shall not constitute an action for personal liability for the municipal code liens against the owner or owners of the real property.

(e) The rights and remedies set forth in this article are available solely to the governmental entities authorized by law to enforce municipal ordinances and shall not extend to any nongovernmental transferee of municipal code liens.

(f) A Class 2 municipality that has adopted the provisions of this article and that seeks to enforce a municipal code lien through the sale of real property shall utilize the judicial in rem proceedings of this article as the sole remedy for the enforcement through the sale of real property.

(g) The enforcement proceedings authorized by this article may be initiated only by the Class 2 municipality.
Ala. Code § 11-65-13 — Alabama Code / Title 2 / Chapter 65 / Section 11-65-13
Section 11-65-13 Request for Injunctions Authorized
Status: in_force

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 regulation or final decision of such commission, it may apply to the circuit court of the host county for an injunction against such person. The order granting or refusing such injunction shall be subject to appeal as in other cases in equity.
Ala. Code § 11-65-23 — Alabama Code / Title 2 / Chapter 65 / Section 11-65-23
Section 11-65-23 Permits Required for Certain Individuals and Companies
Status: in_force

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 conduct of any racing event or pari-mutuel wagering thereon, whether as a horse owner, greyhound owner, trainer, jockey, exercise boy, groom, stable foreman, kennel foreman, valet, veterinarian, agent, pari-mutuel employee, concessionaire, or employee thereof, or as an employee of the operator, or enter the racetrack enclosure for either horse racing or greyhound racing in any capacity other than as a spectator, unless such person or the firm, corporation or partnership employing such person possesses a permit therefor from the commission and complies with the provisions of this chapter and all reasonable rules and regulations of such commission. No permit issued under this section shall be transferable.

The provisions of this section which require a concessionaire (other than the operator) to obtain a permit from the commission in order to operate a business selling food, beverages, souvenirs or other merchandise to persons attending racing events shall not be construed to permit the commission to charge a concessionaire any license or permit fees measured by its gross revenues or to derive any economic benefit from the operations of such concessionaires other than the permit fees authorized by Section 11-65-24, it being expressly provided that the horse racing facility licensee and the operators for each racing facility shall have the exclusive rights (as they may by contract allocate such rights among themselves) to determine the business conditions under which concessionaires shall operate at racing facilities under the jurisdiction of the commission and to retain all moneys (except for the commission’s permit fee as aforesaid) which any concessionaire is willing to pay for the privilege of conducting business at such racing facilities.
Ala. Code § 22-53-3 — Alabama Code / Title 2 / Chapter 53 / Section 22-53-3
Section 22-53-3 Proceedings to Determine Liability
Status: reserved

Repealed by Act 98-322, §1, effective April 16, 1998.
Ala. Code § 2-10-69 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-69
Section 2-10-69 Association May Form, Own or Control Another Corporation
Status: in_force

The association may organize, form, operate, own, control, have an interest in, own stock of or be a member of any other corporation or corporations, with or without capital stock, engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, ginning, utilizing, manufacturing, marketing or selling the agricultural products handled by the association or the by-products thereof.
Ala. Code § 11-44C-43 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-43
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
Status: in_force

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 city, to file with the director of finance, at such time as the mayor may prescribe, estimates of revenue and expenditures for that department, office or agency for the ensuing fiscal year. Such estimates shall be submitted on the forms furnished by the director of finance and it shall be the duty of the head of each department, office or agency, to supply all the information which the director of finance may require to be submitted. The director of finance shall assemble and compile these estimates and supply such additional information relating to the financial transactions of the city as may be required by the mayor in the preparation of the budgets. The mayor shall hold such hearings as he may deem advisable and with the assistance of the director of finance shall review the estimates and other data pertinent to the preparation of the budgets and make such revisions in such estimates as he may deem proper, subject to the laws of the state of Alabama and any municipal ordinance relating to obligatory expenditures for any purpose.
Ala. Code § 11-43C-41 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-41
Section 11-43C-41 Fiscal, Budget, and Accounting Years
Status: in_force

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 the budget and accounting year. As used in this chapter, the term “budget year” shall mean the fiscal year for which any particular budget is adopted and in which it is administered.
Ala. Code § 2-15-272 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-272
Section 2-15-272 Rules and Regulations to Have Force and Effect of Law; Violations of Rules or Regulations Deemed Misdemeanors
Status: in_force

Rules and regulations adopted and promulgated by the State Board of Agriculture and Industries as authorized under Section 2-15-270 shall have the force and effect of law, and any person who shall violate any such rule or regulation or who shall fail to or refuse to perform any duties required thereof shall be guilty of a misdemeanor and, upon conviction, shall be punished as now prescribed by law for such offense.
Ala. Code § 11-51-51 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-51
Section 11-51-51 Preparation, Contents, and Effect of Receipt of Tax Collector
Status: in_force

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 state and county taxes, a statement of the amount of municipal taxes, if any, paid on real estate, and municipal taxes, if any, paid on personal property and, if any interest has accrued, a statement of the amount thereof paid. Such receipt shall also show the tax year for which the municipal tax is paid and the municipality for which the tax is paid, and such receipt shall be prima facie evidence that such taxpayer has paid his municipal taxes for the year stated on real and personal property and other subjects of taxation.
Ala. Code § 11-43D-8 — Alabama Code / Title 2 / Chapter 43D / Section 11-43D-8
Section 11-43D-8 Continuance in Office of Persons Holding Positions in Civil Service
Status: in_force

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 continue to hold such office in the civil service under the mayor-council form of government and with the same status, rights, and privileges and subject to the same conditions under such applicable civil service system.
Ala. Code § 2-30-60 — Alabama Code / Title 2 / Chapter 30 / Section 2-30-60
Section 2-30-60 Created; Objects and Purposes
Status: in_force

There is hereby created a central artificial insemination unit to be located at the Alabama Agricultural Experiment Station, Auburn, Alabama.

The objects and purposes of said central artificial insemination unit shall be to increase the milk and butterfat producing capabilities of Alabama dairy cows by means of artificial breeding, to develop improved methods of handling semen and delivering same to cooperating groups of Alabama dairy farmers, to study improvement in Alabama dairy cows resulting from artificial insemination and to print and disseminate the results of such studies and to train technicians to be competent to breed animals artificially.
Ala. Code § 11-54-172 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-172
Section 11-54-172 Meaning of “Herein,” Etc.; Construction of Definitions
Status: in_force

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 and not solely to the particular section or portion thereof in which any such word is used.

(2) The definitions set forth in Section 11-54-171 shall be deemed to include both singular and plural and to cover all genders.
Ala. Code § 11-46-62 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-62
Section 11-46-62 Offenses of Inspectors
Status: in_force

(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 a qualified elector shall be fined not less than $100.00.

(b) Any inspector of an election who shall willfully exclude any vote duly tendered and unchallenged in a municipal election, knowing that the person offering the same is lawfully entitled to vote at such election, or who shall willfully receive a vote from any person who has been duly challenged in relation to his right to vote at such election, without exacting from such person such oath or other proof of qualification as is required by law shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 and may also be sentenced to hard labor for the county for not more than six months.

(c) Any inspector of a municipal election who willfully fails or refuses to advise any elector entitled thereto that he is entitled to an assistant or who refuses to let such elector select an assistant, as required by law, must, on conviction, be fined not less than $100.00 nor more than $500.00.

(d) Any inspector of a municipal election who does or performs any of the following acts shall be guilty of a felony and, upon conviction, shall be imprisoned in the penitentiary for not less than one nor more than five years:

(1) Willfully deceives any elector in preparing his ballot;

(2) Alters or changes the ballot of a voter or substitutes a ballot for the one offered by any voter; or

(3) Makes a false copy of the certificate of the results of an election.
Ala. Code § 11-66A-20 — Alabama Code / Title 2 / Chapter 66A / Section 11-66A-20
Section 11-66A-20 Reporting
Status: in_force

Not later than January 1, annually, each corridor shall submit a report detailing all activities, including the status of any qualified enterprise within the corridor and the audited financial statements submitted pursuant to Section 11-66A-12, to the Governor, the Lieutenant Governor, the Secretary of Commerce, the Speaker of the House of Representatives, the President of the Senate, and each authorizing subdivision.
Ala. Code § 2-5A-11 — Alabama Code / Title 2 / Chapter 5A / Section 2-5A-11
Section 2-5A-11 Facilitating Sale and Exchange of Products
Status: in_force

The commissioner, when in his or her judgment it shall be advisable and necessary, shall provide a suitable means of communication between the Board of Agriculture and Industries and the farmers’ market or markets established under this article so as to facilitate the sale and exchange of farm products and fish products of all kinds.
Ala. Code § 2-8-232 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-232
Section 2-8-232 Referendum and Assessments Declared to Be in Public Interest
Status: in_force

It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that wheat, corn, grain sorghum, and oats producers be permitted by referendum as hereinafter provided to levy upon themselves an assessment, and to provide for the collection thereof for the financing or contributing toward the financing of a program of research, education, advertising and other methods designed to increase or promote the efficient and economical production, distribution and marketing as well as the increased use, consumption and sale of wheat, corn, grain sorghum, and oats and wheat, corn, grain sorghum, and oats products.
Ala. Code § 11-44E-72 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-72
Section 11-44E-72 Eligibility of Candidates
Status: in_force

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 least 19 years of age, and shall hold no other public office, except that of notary public or a member of the National Guard, Naval or Military Reserve, or the city commission. The candidates for mayor shall reside in any district within the city.
Ala. Code § 22-50-81 — Alabama Code / Title 2 / Chapter 50 / Section 22-50-81
Section 22-50-81 Legislative Intent
Status: in_force

The purposes of this article are:

(1) To enable Alabamians with Alzheimer’s disease, dementia, or related diseases to live with dignity in their homes or community for as long as possible.

(2) To develop services that follow individuals with Alzheimer’s disease, dementia, or related diseases and maintain their independence in the community.

(3) To provide appropriate services for Alabamians with Alzheimer’s disease, dementia, or related diseases residing in both rural and urban settings.

(4) To emphasize and implement cost-efficient, low-technology, high-yield services that can currently benefit thousands of Alabama citizens.

(5) To allow Alabamians to pay for services based on their individual resources.
Ala. Code § 11-44C-41 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-41
Section 11-44C-41 Fiscal, Budget, and Accounting Years
Status: in_force

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 the budget and accounting year. As used in this chapter, the term “budget year” shall mean the fiscal year for which any particular budget is adopted and in which it is administered.
Ala. Code § 2-13-125 — Alabama Code / Title 2 / Chapter 13 / Section 2-13-125
Section 2-13-125 Statement of Amounts Collected
Status: in_force

In the event of the levying and collection of assessments as herein provided, the treasurer of the state ADA conducting same shall, within 90 days after the end of any calendar year in which such assessments are collected, have available upon written request by a producer, or Alabama Farmers Dairy Division or other agency of the state, a statement of the amount or amounts so received and collected by him under the provisions of this article.
Ala. Code § 11-44D-1 — Alabama Code / Title 2 / Chapter 44D / Section 11-44D-1
Section 11-44D-1 Ordinance Abandoning Commission Form of Government and Referendum Adopting Mayor-Council or Manager-Council Form
Status: in_force

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 may by a majority vote of the members of that governing body adopt an ordinance abandoning the commission form of government and calling for a referendum to be held at public expense within 60 days after such call for the purpose of determining whether such city shall adopt the mayor-council form of government, authorized by this chapter, or in the alternative the manager-council form of government authorized by this chapter. The mayor or chief executive officer shall give notice of the time and purpose of such referendum election by publication once a week for two consecutive weeks in a newspaper of general circulation in the municipality, or, if there is no such newspaper of general circulation in the municipality, by posting notice thereof in three public places within the municipality. All qualified electors of the city may participate in said election, as provided by this chapter, and the questions shall be plainly printed upon the ballot as provided in Section 11-44D-2. The proposal for which the majority of votes cast shall be “yes,” or in favor of such proposition shall thereby be adopted for such city, and the mayor or other chief executive officer shall transmit to the Governor, to the Secretary of State, and to the judge of probate of the county, a certificate stating that such proposition was adopted for such city.
Ala. Code § 11-47-132 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-132
Section 11-47-132 Provision for System of Compulsory Vaccination, Etc
Status: in_force

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 spread of contagious, infectious, or pestilential diseases in such cities or towns and, to that end, may provide for a system of compulsory vaccination and enforcement of the same.
Ala. Code § 2-8-202 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-202
Section 2-8-202 Remittances to Treasurer of Commission
Status: in_force

The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified commission all moneys paid to or collected by him on a quarterly basis between the first and fifteenth of February, May, August and November of each year, less a commission of three percent of the total amount so collected which commission shall be deposited in the Agricultural Fund of the State Treasury. The amount so remitted to the treasurer of the certified commission shall be used and expended by such commission for a promotional program in the manner provided in this article and the rules and regulations of the commission.
Ala. Code § 11-50-190 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-190
Section 11-50-190 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section:

(1) MUNICIPALITY. A municipal corporation organized and existing under the laws of Alabama.

(2) WATER SYSTEM. Facilities for the gathering, collecting, impounding, treatment, transmission, and distribution, or any of them, of water for domestic use or for industrial use, or both, together with all appurtenances to any such facilities.

(3) SANITARY SEWER SYSTEM. Facilities for the collection, transmission, treatment, and disposal of sewage, together with all appurtenances to any such facilities.

(4) COMBINED SYSTEM. A consolidated system resulting from the combination of any water system and sanitary system.

(5) SYSTEM. A water system, a sanitary system, or a combined system.
Ala. Code § 11-67-142 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-142
Section 11-67-142 Definitions
Status: in_force

For the purposes of this article, the following words have the following meanings:

(1) ADMINISTRATIVE OFFICIAL. A person designated by the city manager to hear appeals for the purposes of this article, but the person may not be the same person as the enforcing official.

(2) ENFORCING OFFICIAL. The municipal official or an employee the city manager may designate from time to time.

(3) TAX COLLECTING OFFICIAL. The county tax collector, county revenue commissioner, or other county ad valorem tax collecting official.
Ala. Code § 11-43-52 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-52
Section 11-43-52 Proceedings - Rules of Procedure; Journal
Status: in_force

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 all citizens and shall have the force and effect of a record, and a copy thereof, certified by the clerk, shall be prima facie evidence in any court or elsewhere.
Ala. Code § 11-42-160 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-160
Section 11-42-160 Continuation of Rights of Action Against Municipality Annexed
Status: in_force

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 city or town, and a civil action may be brought against the annexing city or town the same as if the right of action originally existed against the annexing city or town.
Ala. Code § 11-49B-1 — Alabama Code / Title 2 / Chapter 49B / Section 11-49B-1
Section 11-49B-1 Declaration of Purpose and Legislative Findings
Status: in_force

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 be located in a 14-state region between Texas and Virginia. Alabama, and in particular the Class 1 municipality and surrounding counties, will be in the very center of this geographic spread. This center of the growth pattern when combined with our educational facilities, quality of life, abundance of natural and cultural resources, steady economic growth, range of housing options, quality health care, climate, affordability, and accessibility provides this region with an unprecedented opportunity to attract new business both service based and manufacturing. It, therefore, is the intent of this chapter to take advantage of this growth opportunity by providing for a unified, coordinated, centrally orchestrated, genuinely regional system of public transportation embracing services in the county where a Class 1 municipality is located and possibly neighboring counties in the future.
Ala. Code § 11-44E-187 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-187
Section 11-44E-187 Inclusion of Annexed Territory into Districts
Status: in_force

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 for the inclusion of such territory into one of the districts of the city.
Ala. Code § 11-46-116 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-116
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
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-8-92 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-92
Section 2-8-92 Remission of Collections to Treasurer of Association
Status: in_force

The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him on a quarterly basis between the first and fifteenth of January, April, July and October of each year, less a commission of three percent of the total amount so collected, which commission shall be deposited in the Agricultural Fund of the State Treasury. The amount remitted to the treasurer of the certified association shall be used and expended by such association for a promotional program in the manner provided by this article and the rules and regulations of the association.
Ala. Code § 11-44F-25 — Alabama Code / Title 2 / Chapter 44F / Section 11-44F-25
Section 11-44F-25 Subsequent Referendum to Reconsider Status of Mayor as Part-Time Position
Status: in_force

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 it would be in the best interests of the municipality that a subsequent referendum be held to reconsider the status of the mayor as a part-time position in such city (town), then the governing body may, by resolution, provide for a subsequent referendum upon the issue and, if so provided, the ballot shall be substantially as set forth in Section 11-44F-21, except that the question presented shall read substantially as follows:

Check one of the following:

Do you favor that the office of mayor of the City (Town) of _______ shall no longer be required to be a full-time position?

Yes ___ No ___.

If a majority of the voters voting cast their votes in favor of no longer requiring the position of mayor to be full time, then the governing body of the municipality may adopt an ordinance in effect repealing the previous ordinance requiring the mayor to serve in a full-time position, and the ordinance shall become effective when the next mayor takes office. The votes shall be canvassed and certified in the same manner as provided by Section 11-44F-23 and the governing body shall establish the salary of the mayor at least six months prior to the next regularly scheduled municipal election.
Ala. Code § 11-50A-24 — Alabama Code / Title 2 / Chapter 50A / Section 11-50A-24
Section 11-50A-24 Jurisdiction of Actions
Status: in_force

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, which shall have exclusive original jurisdiction of all such actions.
Ala. Code § 2-6-30 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-30
Section 2-6-30 Pledge for Bonds
Status: reserved

Repealed by Act 2011-575, p. 1231, §30, effective June 9, 2011.
Ala. Code § 11-67-60 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-60
Section 11-67-60 Authority to Abate Public Nuisance
Status: in_force

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 grounds and shelter for rats, mice, snakes, mosquitoes, and other vermin, insects, and pests; or attaining heights and dryness that constitute a serious fire threat or hazard; or bearing wingy or downy seeds, when mature, that cause the spread of weeds and, when breathed, irritation to the throat, lungs, and eyes of the public; or hiding debris, such as broken glass or metal, that could inflict injury on a person going upon the property; or being unsightly; or a growth of grass or weeds, other than ornamental plant growth, that exceeds 12 inches in height, may be declared to be a public nuisance by the municipal governing body and abated as provided in this article. The term municipality as defined in this article does not include the police jurisdiction of said municipality.
Ala. Code § 2-27-58 — Alabama Code / Title 2 / Chapter 27 / Section 2-27-58
Section 2-27-58 Rules and Regulations - Type, Time and Method of Application of Pesticides
Status: in_force

The commissioner may, by rules and regulations, after public hearing, with approval of the board, prescribe the pesticides or methods to be used for application thereof and prohibit or limit the use of certain pesticides during certain seasons of the year and the methods of application to such an extent as may be necessary to provide protection to health, the environment and property. In issuing such regulations, consideration shall be given to pertinent research findings and recommendations of other agencies or institutions of this state or of the federal government. Each aircraft and ground equipment used in the custom application of pesticides shall have attached thereto a decal or other identifying mark issued by the commissioner.
Ala. Code § 11-67-65 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-65
Section 11-67-65 Report of Costs
Status: in_force

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 of land where the work is done by its employees, or by a duly authorized private contractor, company, enterprise, or individual, and shall render an itemized report in writing to the governing body of the municipality showing the cost of removing the nuisance on each separate lot, or in front of the lot. Before the report is submitted to the governing body, a copy of the report shall be posted for at least five days prior thereto on or near the chamber door of the governing body, together with a notice of the time when the report shall be submitted to the governing body for confirmation.
Ala. Code § 11-40-2 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-2
Section 11-40-2 Seal
Status: in_force

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 may be, and around the margin the name of the city or town, which shall be affixed to all transcripts, orders or certificates which it may be necessary or proper to authenticate.
Ala. Code § 2-32-3 — Alabama Code / Title 2 / Chapter 32 / Section 2-32-3
Section 2-32-3 Association, Meeting or Activity Not Illegal
Status: in_force

No association, meeting, or activity undertaken pursuant to the provisions of this chapter and intended to benefit the Alabama ratite industry shall be deemed or considered illegal or in restraint of trade.
Ala. Code § 11-43-55 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-55
Section 11-43-55 Establishment, Organization, Etc., of Police Force
Status: in_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 supervision of the chief of police, and to provide one or more station houses and to require all things necessary for the maintenance of an efficient police department.
Ala. Code § 11-46-6 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-6
Section 11-46-6 Date of Elections in Certain Class 5 Municipalities
Status: in_force

(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 city election on the second Tuesday in July, 1980, and the runoff election four weeks after that second Tuesday, with the city election every three years thereafter to be held at the same appointed time, upon adoption of a resolution by the city governing body.

(c) The provisions of this section are cumulative and shall not be construed to repeal or supersede any laws or parts of laws not directly inconsistent herewith.
Ala. Code § 2-13-4 — Alabama Code / Title 2 / Chapter 13 / Section 2-13-4
Section 2-13-4 Adding or Blending Fat or Oil with Milk or Cream
Status: in_force

No person himself or by his servant or agent shall, for the purpose of sale or exchange, add any fat or oil other than milk fat to or blend or compound the same with any milk, cream or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried or desiccated, nor shall any person himself or by his servant or agent sell any milk, cream or skimmed milk in any of the aforesaid forms to which has been added or with which has been blended or compounded any fat or oil other than milk fat.
Ala. Code § 11-54-32 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-32
Section 11-54-32 Construction of Article
Status: in_force

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 have under any laws of this state, but shall be construed as cumulative, and this article shall not be construed as requiring an election by the voters of a municipality prior to the issuance of bonds under this article by such municipality.
Ala. Code § 11-50-411 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-411
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
Status: in_force

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 otherwise provided in the certificate of incorporation of such district, be divided, within a reasonable time after the close of each fiscal year, among its member municipalities in proportion to the amount of gas sold to or within each such municipality.

All the net income of each gas distribution system, for each fiscal year, of any such district shall, unless otherwise provided in its certificate of incorporation, be distributed and paid, within a reasonable time after the close of each fiscal year, to the municipality or municipalities within which such distribution system is located.

The term “net income” as used in the preceding two paragraphs of this section shall mean, with respect to the system or systems and for the fiscal year in question, the net income thereof computed in accordance with generally accepted accounting principles plus depreciation and amortization less the sum of the following: (1) All sums required during such fiscal year for the payment of principal and interest on its bonds and all sums required to be paid during such fiscal year into special funds or otherwise obligated by the terms of the mortgages, indentures of trust, security agreements or bond resolutions under and pursuant to which its bonds were issued (other than such as constituted operating expenses and were taken into consideration in the determination of “net income computed in accordance with generally accepted accounting principles”), (2) All sums expended during such fiscal year for capital additions and improvements to such system or systems or for retirement of debt not previously funded and paid with internally generated funds from operations, not including, however, (i) any sums expended for either of such purposes out of any special funds referred to above, nor (ii) if and to the extent that the certificate of incorporation of such district expressly so provides, any sums expended for either of such purposes out of any other moneys or funds (provided, that the board of directors of such district by duly adopted resolution determines, at any time or times prior to any distribution of “net income” for the fiscal year in question, that such district has, from retained earnings, current year’s earnings or otherwise, current assets sufficient to enable it to disregard, in the computation of such “net income,” any such sums so expended for capital additions and improvements), (3) An amount which, when added to the amount (if any) held in reserve at the end of such fiscal year for future expenses of operating such system or systems, will equal 50 percent of the estimated expenses of operating such system or systems for the then current fiscal year (not including, as an expense of operating any such system or systems, the cost of any purchased gas), and (4) An amount which, when added to the amount (if any) held in reserve at the end of such fiscal year for future capital additions and improvements to such system or systems, will equal a reasonable reserve (the minimum amount of which may be specified in the certificate of incorporation of such district but which, subject to any such specification, shall be determined by the board of directors of such district) for future capital additions and improvements to such system or systems. If any gas district incorporated under the provisions of this article provides, in its certificate of incorporation, for the disposition of the net income of all its gas transmission and distribution systems in the same manner, it may, for purposes of such disposition, compute net income for all its gas transmission and distribution systems as a unit rather than separately; and, in any such case, such certificate of incorporation may provide for and authorize the distribution and payment, in the discretion of the board of directors of any such gas district, of an amount less than the net income of all such systems for any fiscal year, in which event (A) that portion of such net income for any such fiscal year not so distributed and paid shall be available for distribution and payment in future fiscal years as and to the extent provided in such certificate of incorporation, and (B) such certificate of incorporation may also specify that such provision and authorization shall operate both prospectively and retrospectively, so as to ratify and confirm (i) any prior distributions and payments of amounts less the net income of all such systems for any prior fiscal year, and (ii) the availability (for distribution and payment in future fiscal years) of any portion thereof not so distributed and paid.
Ala. Code § 11-49B-23 — Alabama Code / Title 2 / Chapter 49B / Section 11-49B-23
Section 11-49B-23 Repeal of Conflicting Laws; Transfer of Funds; Assumption of Assets and Liabilities
Status: reserved

(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 cast at the election are affirmative votes, as provided in this chapter, all laws or parts of laws which conflict with this chapter are repealed, and specifically Act 993, H. 1089, 1971 Regular Session (Acts 1971, p. 1787), as amended, is repealed.

(b) On the first day of the second month following the election as called by the county commission at which a majority of the votes cast at the election are affirmative votes as provided in this chapter, Act 87-449, H. 543, 1987 Regular Session (Acts 1987, p. 663) is repealed. All payments due to any authority created under Act 993 of the 1971 Regular Session, as amended, (hereafter called the “previous authority”), and which are required or authorized by Act 87-449, 1987 Regular Session, shall be paid to the authority on a pro rata basis through the last day of the first month following the election as called by the county commission at which a majority of the votes cast are affirmative votes as provided in this chapter. The tax collector of the county in which the authority incorporated pursuant to this chapter is organized shall not disburse any funds to the previous authority which would apply to the period after the last day of the first month following the election.

(c) On the first day of the second month following the election at which a majority of the votes cast are affirmative votes as provided in this chapter, and upon the filing of a certificate of incorporation of an authority pursuant to this chapter, the certificate of incorporation of any previous authority is repealed. The authority created pursuant to this chapter shall be the successor in all respects to the previous authority and shall assume all of the assets and liabilities of the previous authority as of the date of the filing of a certification of incorporation pursuant to this chapter. Any and all persons, entities, or governmental agencies, whether city, county, state, or federal, which paid or were obligated to pay the previous authority are hereby authorized and directed to pay any sums due from the person, entity, or governmental agency to the authority incorporated pursuant to this chapter.
Ala. Code § 11-40-15 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-15
Section 11-40-15 Exemption of Incorporated Municipalities and Municipal Boards from Uniform Disposition of Unclaimed Property Act
Status: in_force

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 sections 35-12-20 through 35-12-48.
Ala. Code § 11-44-35 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-35
Section 11-44-35 Resolutions, Bylaws, or Ordinances Granting Franchises, Etc., for Use of Streets, Public Highways, Etc. - Proceedings Upon Determination of Election Result
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-50-324 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-324
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
Status: in_force

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 already in existence and organized or incorporated under said sections or under said sections and Sections 11-50-260 through 11-50-273, as amended, shall continue in existence and shall continue to have and exercise all powers, authorities, rights, privileges, franchises, functions, and duties, subject to the restrictions and limitations provided for in said sections, as amended, except that such corporations by amending their certificates of incorporation as provided in this article may come under and be governed and controlled by all provisions of this article as fully as if originally incorporated under this article.

Nothing in this article shall be construed as repealing any section or provision of Sections 37-4-60 through 37-4-65 or Sections 11-50-266 through 11-50-270; but said sections shall apply to the acquisition of competing electric systems and gas systems by any corporations organized or the certificate of incorporation of which is amended under the provisions of this article as fully as to municipalities and other governmental agencies and to boards incorporated under the provisions of Sections 11-50-230 through 11-50-241, as amended, and Sections 11-50-260 through 11-50-273.
Ala. Code § 11-50-404 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-404
Section 11-50-404 Transfer of Systems to District by Municipalities
Status: in_force

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 of such plant and system or any rights incident thereto, without the necessity of authorization at an election of the qualified voters of such municipality, to a gas district incorporated as a public corporation under the provisions of this article, whether such municipality is a member of the district or not. Any such transfer or conveyance may be made with or without pecuniary consideration and on any such terms and conditions as the governing body of the municipality owning such plant and system may determine. Any such transfer and conveyance shall be made only upon the adoption by the governing body of the municipality owning such plant and system of an ordinance or resolution authorizing such transfer and conveyance.
Ala. Code § 2-31-12 — Alabama Code / Title 2 / Chapter 31 / Section 2-31-12
Section 2-31-12 Refusal, Suspension or Revocation of License - Contesting; Hearing
Status: in_force

The grain dealer, after being notified of the commissioner’s decision to suspend, revoke, refuse to renew or refuse to initially issue a license may request a hearing before the commissioner concerning his action. Said request for hearing must be in writing and if the action taken by the commissioner is revocation, suspension or failure to renew an existing license, said written request for a hearing, submitted by the grain dealer, if received by the commissioner within 10 days after his notification to the grain dealer, the intended action by the commissioner shall be stayed pending the outcome of the hearing. Failure of the grain dealer to submit written request for a hearing within 10 days after receiving notification of the commissioner’s action will, in the discretion of the commissioner, be grounds for not staying the action of the commissioner in suspending, revoking or failing to renew the license.
Ala. Code § 11-42-182 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-182
Section 11-42-182 Collection and Disposition of Taxes, Special Assessments, Etc., of Absorbed Municipalities
Status: in_force

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 of any tax, special assessment, or special tax, and the same shall proceed and be carried to a finality by the proper officers of the city or town whose boundary lines shall be so altered or rearranged, and the proceeds thereof shall be paid over to the treasurer of such city or town so altering or rearranging its boundary lines to be used for the purpose for which the tax was levied or the proceedings instituted.
Ala. Code § 11-57-12 — Alabama Code / Title 2 / Chapter 57 / Section 11-57-12
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
Status: in_force

(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 recital shall be conclusive evidence that said bonds have been duly authorized pursuant to the provisions of this chapter, notwithstanding the provisions of any other law now in force or hereafter enacted or amended.

(b) Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may, in its discretion, cause to be published once a week for two consecutive weeks in a newspaper then published in the municipality or, if there is no newspaper then published in the municipality, then in a newspaper published or circulated in the county, a notice in substantially the following form (with any appropriate changes and with the blanks being properly filled in): “_____, a public corporation and a political subdivision of the State of Alabama, has authorized the issuance of $_____ principal amount of bonds of the said authority to be dated _____ for purposes authorized in the act of the Legislature of Alabama under which the said authority was organized, and has entered into a lease with the (city or town) of _____ respecting the project described therein and pledged said lease and the rentals payable thereunder as security for said bonds. Any civil action or proceeding questioning the validity of the said bonds, or the pledge and the indenture to secure the same, or the said lease, must be commenced within 20 days after the first publication of this notice.

“_____

“By _____

“Its president”

(c) Any civil action or proceeding in any court to set aside or question the validity of the proceedings for the issuance of the bonds referred to in said notice or to contest the validity of any such bonds or the validity of the lease agreement pledged therefor or the validity of the indenture must be commenced within 20 days after the first publication of such notice. After the expiration of the said period no right of action or defense questioning or attacking the validity of the said proceedings or of the said bonds or the lease agreement or the indenture shall be asserted nor shall the validity of the said proceedings, bonds, lease agreement or indenture be open to question in any court on any ground whatsoever except in a civil action or proceeding commenced within said period.
Ala. Code § 11-50-74 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-74
Section 11-50-74 Execution of Contract for Purchase of Sewers or Sewer System by Council; Contents and Terms Thereof
Status: in_force

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 council under the provisions of this division, for the purchase of the same at a purchase price and under such terms as may be agreed upon between the parties thereto, the purchase price to be paid in whole or in part as the council may see proper by assessment against the abutting and drained property.

Such contract may prescribe when and under what conditions the title to said sewers or sewer systems shall be conveyed to the city or town; and that any bonds issued or to be issued as prescribed in this division for the cost thereof may be secured by mortgage on or deed of trust to said sewer or sewer system, in addition to the security of the assignment of the lien on the abutting or drained property provided for in this division.
Ala. Code § 2-8-5 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-5
Section 2-8-5 Application of Cattle Owners’ Association for Certification and Approval to Conduct Referendum - Action by Board on Application
Status: in_force

Upon the filing with the State Board of Agriculture and Industries of an application by any nonprofit association of cattle owners as provided in Section 2-8-4, the said board shall within 30 days thereafter meet and consider the application. If it is shown by the applicant to the satisfaction of the board that the applicant is fairly representative of the cattle owners of this state and the board shall otherwise find and determine that such application is in conformity with the provisions and purposes of this article, the board shall certify such association as the duly delegated and authorized group or organization and shall likewise certify that such organization is duly authorized to conduct among the cattle owners of this state a referendum for the purpose set forth in its application which shall be consistent with the purposes of this article.
Ala. Code § 11-46-70 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-70
Section 11-46-70 Contest of Elections - Trial; Entry of Judgment
Status: in_force

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, received or would have received, had the ballots intended for him and illegally rejected been received, the requisite number of votes for election, judgment must be entered declaring such person duly elected, and such judgment shall have the force and effect of investing the person thereby declared elected with full right and title to have and to hold the office to which he is declared elected.

If it appears that no person has or would have had, if the ballots intended for him and illegally rejected had been received, the requisite number of votes for election, judgment must be entered declaring this fact, and such fact must be certified to the municipal governing body and the vacancy in the office, election to which had been contested, shall be filled in the manner prescribed by law for filling the vacancy in such office.

If the person whose election is contested is found to be ineligible to the office, judgment must be entered declaring the election void, and the fact must be certified to the municipal governing body. The vacancy in such office shall be filled in the manner prescribed by law.

If the party whose election is contested is found to have been duly and legally elected, judgment must be entered declaring him entitled to have and to hold the office to which he was so elected.
Ala. Code § 11-43C-51 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-51
Section 11-43C-51 Adoption of General Fund Budget and Any Necessary Revenue Measure; Failure to Adopt Budget
Status: in_force

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, and such ordinance providing for additional revenue as may be necessary to put the budget in balance, including a two percent reserve. If for any reason the council fails to adopt the general fund budget on or before such day, the general fund budget of the current fiscal year shall be the general fund budget for the ensuing year, until such time as a newly revised budget shall be adopted by the council and, until such time, it shall have full force and effect to the same extent as if the same had been adopted by the council.
Ala. Code § 11-53B-15 — Alabama Code / Title 2 / Chapter 53B / Section 11-53B-15
Section 11-53B-15 Emergency Action
Status: in_force

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 immediate repair or demolition of a building structure when, in the opinion of the official so designated, such emergency action is required due to imminent danger of structural collapse endangering adjoining property, the public right of way, or human life or health. The cost of the emergency action shall be fixed by the municipal governing body and shall be assessed as provided in the ordinance, or, if such ordinance does not provide a method of assessment, as provided by this chapter.