Ala. Code § 11-47-218 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-218
Section 11-47-218 Powers of Authorities Generally; Location of Projects; Exercise of Power of Eminent Domain
Status: in_force

(a) In addition to all other powers at any time conferred on it by law, and subject to any express provisions of its certificate of incorporation to the contrary, an authority shall have the following lawful powers, together with all powers incidental thereto or necessary to discharge thereof in the corporate form:

(1) To have succession by its corporate name in perpetuity or for the duration specified in its certificate of incorporation.

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

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

(4) To adopt, alter, and repeal bylaws, regulations, and rules, not inconsistent with this article or its certificate of incorporation, for the regulation and conduct of the affairs and business of the authority.

(5) To acquire, receive, take, and hold, whether by purchase, gift, lease, devise or otherwise, property of every description, whether real, personal or mixed, and to manage the property and to develop any undeveloped property owned, leased, or controlled by it.

(6) To borrow money and to sell and issue bonds for any corporate use or purposes.

(7) To acquire, whether by gift, purchase, transfer, foreclosure, lease, or otherwise, to construct and to expand, improve, operate, maintain, equip, and furnish one or more projects, including all real and personal properties that its board may deem necessary in connection therewith.

(8) To lease to any person or persons all or any part of any project or projects that are or shall be owned by it, to charge and collect rent therefor and to terminate the lease upon the failure of the lessee to comply with any of the obligations thereof, all upon the terms and conditions as its board may deem advisable.

(9) To pledge for payment of any bonds issued or assumed by the authority any revenues, including any moneys payable by a subdivision to, or for the benefit of, the authority for such purpose, from which the bonds are payable, and to mortgage or pledge any or all of its projects and revenues or any part or parts thereof, whether then owned or received or thereafter acquired or received.

(10) To assume obligations secured by a lien on or secured by and payable out of or secured by a pledge of any project or projects or part thereof or the revenues derived from any project or projects that may be acquired by the authority.

(11) To make, enter into, and execute contracts, agreements, leases, and other instruments, and to take such 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 under this article.

(12) To enter into contracts with, to accept aid, loans, and grants from, to cooperate with, and to do any and all things not specifically prohibited by this article or other applicable laws of the state which may be necessary in order to avail itself of the aid and cooperation of the United States of America, the state, or any agency, instrumentality, or political subdivision of either thereof in furtherance of the purposes of this article.

(13) To receive and accept from any source aid or contributions in the form of money, property, labor, or other things of value, to be held, used, and applied to carry out the purposes of this article, subject to any lawful condition upon which the aid or contributions may be given or made.

(14) To enter into a management contract or contracts with any municipality, any county, or any person or persons for the management, supervision, or operation of all or any part of its projects as may in the judgment of the authority be necessary or desirable in order to perform more efficiently or economically and function for which it may become responsible in the exercise of the powers conferred upon it by this article.

(15) To procure insurance against any loss in connection with its property and other assets in the amounts and from the insurers as its board may deem desirable.

(16) To invest its moneys, including, without limitation, the moneys held in any special fund created pursuant to any indenture securing any of its bonds and proceeds from the sale of any bonds, not required for immediate use in:

a. Any debt securities that are direct, general obligations of the United States of America.

b. Any debt securities, the payment of the principal of and interest on which is unconditionally guaranteed by the United States of America.

c. Any time deposit with, or any certificate of deposit issued by, any bank which is organized under the laws of the United States of America or any state thereof and deposits which are insured by the Federal Deposit Insurance Corporation or any department, agency, or instrumentality of the United States of America that may succeed to the functions of the corporation.

d. Any debt obligation in which an insurance company organized under the laws of the state may legally invest its money at the time of investment by the authority.

(17) To procure or agree to the procurement of insurance or guarantees from the United States of America or any agency or instrumentality thereof, or from any private insurance company, of the payment of any bonds issued by the authority, and to pay premiums or fees for the insurance or guarantees.

(18) To fix and charge fees and to make rules and regulations for the conduct, management, and use of projects.

(19) To appoint, employ, contract with, and provide for compensation of the officers, employees, and agents, including engineers, attorneys, consultants, financial advisors, and other employees, as the business of the authority may require, including the power to fix working conditions and other conditions of employment by general rule, subject to the provisions of the certificate of incorporation of the authority, and the power at its option to provide a system of disability pay, retirement, compensation, and pensions or any of them and to hire and fire servants, agents, employees, and officers at will.

(20) To sell and convey any of its properties that, in the judgment of the board, have become obsolete or worn out or that may no longer be needed or useful.

(21) To participate as a shareholder in a corporation, as a joint venturer in a joint venture, as a general or limited partner in a limited partnership or a general partnership, as a member in a nonprofit corporation, or as a member of any other lawful form of business organization.

(22) To elect (i) all or any of the members of the board of directors of any nonprofit corporation of which the authority is a member or of which any one or more of the members of the board of directors of the authority is an ex officio member (subject, however, to any contrary or inconsistent provision of the articles of incorporation or bylaws of the nonprofit corporation), and (ii) all or any of the members of the board of directors of any nonprofit corporation that has no members and whose articles of incorporation or bylaws provide for the election of one or more of the members of its board of directors from among members of the board of directors of the authority (subject, however, to any contrary or inconsistent provision of the articles of incorporation or bylaws of the nonprofit corporation).

(23) To create, establish, acquire, operate, or support subsidiaries and affiliates, either for profit or nonprofit, to assist the authority in fulfilling its purposes.

(24) To create, establish, or support nonaffiliated for profit or nonprofit corporations or other lawful business organizations which operate and have as their purpose the furtherance of the purposes of the authority.

(25) Without limiting the generality of the preceding subdivisions (23) and (24), to accomplish and facilitate the creation, establishment, acquisition, operation, or support of the subsidiary, affiliate, nonaffiliated corporation, or other lawful business organization, by means of loans of funds, leases of real or personal property, gifts and grants of funds, or guarantees of indebtedness of the subsidiaries, affiliates, and nonaffiliated corporations.

(26) To do any and all things necessary or convenient to carry out its purposes and to exercise its powers pursuant to this article.

(b) Any project or projects of an authority organized pursuant to authorization from an authorizing municipality may be located within or without or partially within and partially without the authorizing municipality, subject to the following conditions:

(1) No project or part thereof shall be located more than 30 miles from the corporate limits of the authorizing municipality.

(2) No project or part thereof shall be located within the corporate limits of a municipality other than the authorizing municipality in this state.

(3) No project or part thereof shall be located within the police jurisdiction of another municipality in this state unless the governing body of the municipality has first adopted a resolution consenting to the location of the project or part thereof in the police jurisdiction of the municipality.

(4) No project or part thereof shall be located in a county other than the county in which the principal place and seat of government and at least a portion of the authorizing municipality are situated unless the governing body of the other county has first adopted a resolution consenting to the location of the project or part thereof in the county.

(5) Any project or part thereof that is located outside of the authorizing municipality shall comply with all zoning laws, subdivision restrictions and regulations, and all other laws and regulations of any county or municipality in which the project or a part thereof is situated.

(c) Any project or projects of an authority organized pursuant to authorization from an authorizing county may be located within or without or partially within and partially without the authorizing county, subject to the following conditions:

(1) No part of a project shall be located more than three miles outside the boundaries of the authorizing county.

(2) In no event shall any project or part thereof be located within the corporate limits of a municipality unless the governing body of the municipality has first adopted a resolution consenting to the location of the project or part thereof in the municipality.

(3) No project or part thereof shall be located in a county other than the authorizing county unless the governing body of the other county has first adopted a resolution consenting to the location of a part of the project in the other county.

(d) Any project or projects of an authority jointly organized pursuant to authorization from two or more subdivisions may be located within or without or partially within and partially without the respective authorizing subdivisions, subject to the following conditions:

(1) No project or part thereof shall be located in a county other than (i) the county in which any authorizing municipality is situated and has its principal place and seat of government, or (ii) a county that is also an authorizing subdivision unless the governing body of the other county has first adopted a resolution consenting to the location of the project or part thereof in the county.

(2) No project or part thereof shall be located within the corporate limits of a municipality other than an authorizing municipality unless the governing body of the municipality has first adopted a resolution consenting to the location of the project or part thereof in the municipality.

(e) Nothing in this section shall be construed to authorize the acquisition by eminent domain of any real property or rights owned or held by railroads or utilities, both public or private.
Ala. Code § 11-44C-26 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-26
Section 11-44C-26 Council to Judge Election and Qualifications of Members
Status: in_force

The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts.
Ala. Code § 11-50-343 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-343
Section 11-50-343 Powers Generally; Publication, Recordation, and Authentication of Resolutions of Board
Status: in_force

(a) Each board created under the provisions of this article shall be deemed to be a public agency or instrumentality exercising public and governmental functions to provide for the public health and welfare, and each such board is hereby authorized and empowered:

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

(2) To adopt an official seal and alter the same at pleasure;

(3) To maintain an office at such place or places within the city as it may designate;

(4) To sue and be sued in its own name;

(5) To acquire, purchase, lease as lessee, construct, reconstruct, improve, extend, operate, and maintain any water system or part thereof or any sewer system or part thereof or any combination thereof within or without or partly within and partly without the corporate limits of the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain lands or rights in land or water rights in connection therewith and to acquire such personal property as it may deem necessary in connection with the construction, improvement, extension, enlargement, or operation of any water system or sewer system and to hold and dispose of all real and personal property under its control; provided, that any proceedings to acquire property by the exercise of the power of eminent domain shall be conducted and the compensation to be paid shall be ascertained and paid in the manner provided by the laws of the state then applicable which relate to condemnation or the exercise of the power of eminent domain by such city;

(6) To issue revenue bonds of the board for any of its corporate purposes, such bonds to be payable solely from revenues, and to refund its bonds, all as provided in this article;

(7) To combine the water system and the sewer system as a single system for the purpose of operation and financing;

(8) To fix and revise from time to time and charge and collect rates, fees, and charges for the use of or for the services and facilities furnished by any system operated by the board;

(9) To exercise jurisdiction, control, and supervision over any water system or sewer system owned, operated, or maintained by the board and to make and enforce such rules and regulations for the maintenance and operation of any such system as may, in the judgment of the board, be necessary or desirable for the efficient operation of such system and for accomplishing the purposes of this article;

(10) To make and enter into all contracts and agreements as the board may determine which are necessary or incidental to the performance of its duties and to the execution of its powers under this article, and to employ such consulting and other engineers, superintendents, managers, construction and financial experts, accountants, and attorneys and such employees and agents as it may determine necessary in its judgment and to fix their compensation; provided, however, that all such expenses shall be payable solely from funds made available under the provisions of this article;

(11) To enter upon, use, occupy, and dig up, with the consent of the city, any street, alley, road, highway, or other public places necessary to be entered upon, used, or occupied in connection with the acquisition, construction, improvement, maintenance, or operation of any water system or sewer system;

(12) To receive and accept from any federal agency grants for or in aid of the construction of any water system or sewer system or part thereof and to receive and accept aid or contributions from any source of either money, property, labor, or other things of value to be held, used, and applied only for the purposes for which such grants or contributions may be made; and

(13) To do all acts and things necessary or convenient to carry out the powers expressly granted in this article.

(b) All resolutions adopted or promulgated by the board shall, as soon as practicable after their passage, be recorded in a book kept for that purpose and be authenticated by the signature of the secretary or other administrative officer authorized to authenticate such resolutions; and all resolutions of a general or permanent nature shall be published in some newspaper of general circulation in the city, but if no such newspaper is published within the limits of the city, such resolutions may be published by posting three copies thereof in three public places within the limits of the city.
Ala. Code § 11-67-125 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-125
Section 11-67-125 Construction of Division
Status: in_force

This division is cumulative in its nature and is in addition to any and all power and authority which a Class 6 municipality may have under any other law.
Ala. Code § 11-43-122 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-122
Section 11-43-122 Public Depositories; Liability for Loss
Status: in_force

The council may direct, by ordinance or resolution, one or more qualified public depositories pursuant to Chapter 14A of Title 41 where the treasurer shall deposit public money and may require interest to be paid thereon and security to be given by the depository, but, as to deposits made under the authority of an ordinance of the council, neither the treasurer nor his bondsmen if the treasurer has exercised due care shall be further liable for any loss occasioned thereby.
Ala. Code § 11-50-520 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-520
Section 11-50-520 Definitions
Status: in_force

The following words and phrases and others importing the same meaning, where used in this chapter, shall be given the following respective interpretations and meanings:

(1) THE CORPORATION. Any corporation organized under this chapter.

(2) APPLICANTS. Those persons who organize the corporation.

(3) POWER DISTRICT. The territory proposed to be served by the corporation as specified in its certificate of incorporation as originally filed or any amendment thereto made pursuant to the provisions of this chapter.

(4) MUNICIPALITY or MUNICIPALITIES. Any city or town incorporated under the laws of Alabama.

(5) COUNTY or COUNTIES. Any county organized under the laws of Alabama.

(6) GOVERNING BODY. Whenever used in relation to any municipality, the city or town council, city commission or the body or board, by whatsoever name known, having charge of the governing of a municipality, and shall be held to include the mayor or other chief executive officer of the municipality in any case where the concurrence or approval of such officer is required by the law governing such municipality for the adoption of any municipal resolution provided for in this chapter.

(7) CERTIFICATE OF INCORPORATION or CERTIFICATE. The certificate of incorporation of the corporation.

(8) BOARD. The board of directors of the corporation, as duly constituted and when acting as a board.

(9) DIRECTOR or DIRECTORS. The members of the board.

(10) UTILITY or UTILITIES. Any plant, works, system, facilities, or properties, together with all parts thereof and appurtenances thereto, including contract and franchise rights, used and useful primarily for the production, transmission, or distribution of electric energy.

(11) BONDS. Any bonds, notes, warrants, or other evidences of obligations issued by the corporation.
Ala. Code § 11-60-5 — Alabama Code / Title 2 / Chapter 60 / Section 11-60-5
Section 11-60-5 Certificate of Incorporation - Filing with Probate Judge; Examination, Approval, and Recordation by Probate Judge
Status: in_force

When executed and acknowledged in conformity with Section 11-60-4, the certificate of incorporation shall be filed with the judge of probate of any county in which may be located any portion of the territory embraced within limits of the municipality. The judge of probate shall thereupon examine the certificate of incorporation and, if he finds that the recitals contained therein are correct, that the requirements of Section 11-60-4 have been complied with and that the name is not identical with or so nearly similar to that of another corporation already in existence in this state as to lead to confusion and uncertainty, he shall approve the certificate of incorporation and record it in an appropriate book or record in his office.

When such certificate has been so made, filed and approved, the applicants shall constitute a public corporation under the name set out in the certificate of incorporation.
Ala. Code § 11-46-142 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-142
Section 11-46-142 Annulment of Elections
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-8-311 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-311
Section 2-8-311 Purpose
Status: in_force

It is hereby declared to be in the interest of the public welfare that sheep and goat producers are encouraged to act jointly and in cooperation with sheep and goat industry-related businesses and with the commissioner and the board in promoting and stimulating through research, education, advertising, and other methods, the increased and efficient production, distribution, use, and sale of sheep or goats and their products. It is further the intent and purpose of this article to provide a method and procedure for financing a promotional program for the sheep and goat industry pursuant to powers conferred upon the Legislature by Amendment No. 715 to the Constitution of Alabama of 1901.
Ala. Code § 11-44E-71 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-71
Section 11-44E-71 Statement of Candidacy
Status: in_force

Any person desiring to become a candidate at any election for the office of mayor may become such candidate by filing in the office of the city clerk a statement in writing of such candidacy, accompanied by a petition signed by a minimum of 100 registered voters of such city endorsing the candidacy of such candidate and an affidavit taken and certified by such city clerk or by a notary public that such person is duly qualified to hold the office for which he (she) desires to be a candidate. Such statement shall be filed by 5:00 p.m. on the fourth Tuesday in June preceding the day set for such election and shall be in substantially the following form:

“State of Alabama, _____ County. I, the undersigned, being first duly sworn, depose and say that I am a citizen of the City of _____, in said State and County, and reside at _____ in said City of _____, that I desire to become a candidate for the office of mayor in said City at the election for said office to be held on the _____ day of _____ and that I am duly qualified to hold said office if elected thereto and I hereby request that my name be printed upon the official ballot at said election.

Signed ________;

Sworn to and subscribed before me by said _____ on this _____ day of _____, 2__, and filed in this office for record on said day _____, City Clerk.”

Said statement shall be accompanied by a qualifying fee in the amount equal to $300.00 which qualifying fee shall be paid over by the city clerk to the general fund of the city. Any person may file with the city clerk, a verified pauper’s oath that he (she) does not have the financial resources to pay a qualifying fee and thereupon shall be exempt from filing such fee. No names shall appear upon said ballot as a candidate for election except the names of such persons as have become candidates according to provisions of this chapter.
Ala. Code § 2-2-5 — Alabama Code / Title 2 / Chapter 2 / Section 2-2-5
Section 2-2-5 Salary of Commissioner
Status: in_force

(a) The Commissioner of Agriculture and Industries shall be paid such salary as shall be fixed by law. The salary shall be payable from the Agricultural Fund of the State Treasury, and shall be payable to the officer in installments in the same manner as the salaries of other state officers are paid. The salary shall be the entire annual compensation paid to the Commissioner of Agriculture and Industries for the performance of the duties of the office and all ex officio duties of the office.

(b) Effective beginning the term of office commencing in January 2023, the salary of the Commissioner of Agriculture and Industries shall be one hundred ten thousand dollars ($110,000) per year. In addition, the commissioner shall be entitled to any cost-of-living pay increases and other benefits granted to state employees. Notwithstanding the foregoing, if a cost-of-living increase is granted during the term of the commissioner, the cost-of-living increase shall be paid as an expense allowance during the term of the incumbent; and, effective the next term of office of the commissioner, the amount of any cumulative expense allowances during the term shall be included in the base salary of the commissioner and any expense allowances shall be voided.
Ala. Code § 11-44A-8 — Alabama Code / Title 2 / Chapter 44A / Section 11-44A-8
Section 11-44A-8 Administrative Officers Continued; Reassignment of Duties and Powers Formerly Exercised by Abolished Agency, Etc
Status: in_force

All persons holding administrative office at the time the mayor-council form of government is adopted shall continue in office and in the performance of their duties until provision shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office. If any office, department, board, or agency of the municipality be abolished by this article or under its authority, the powers conferred and the duties imposed upon such office, department, board, or agency by the laws of the state shall be thereafter exercised and discharged by the office, department, board, or agency designated by the council unless otherwise provided herein.
Ala. Code § 11-52-30 — Alabama Code / Title 2 / Chapter 52 / Section 11-52-30
Section 11-52-30 Planning Jurisdiction; Subdivision Regulations; Approval of Amps or Plats; Limits on Exercise of Powers
Status: in_force

(a)(1) Except as otherwise provided herein, the planning jurisdiction of any municipal planning commission shall include all land located in the corporate limits of the municipality and all land lying within the police jurisdiction of the municipality on January 1, 2021.

(2) Notwithstanding subdivision (1), beginning January 1, 2023, the planning jurisdiction of any municipal planning commission shall include all land located in the corporate limits of the municipality and all land not located in any other municipality within a mile and a half outside the corporate limits, unless extended by local law enacted after January 1, 2023, to include all land not located in any other municipality within three miles outside the corporate limits; except that, in the case of any nonmunicipal land lying within the planning jurisdiction of more than one municipality having a municipal planning commission, the jurisdiction of each municipal planning commission shall terminate at a boundary line equidistant from the respective corporate limits of the municipalities.

(3) Any alterations of a municipal planning jurisdiction based upon annexation or deannexation of property within the corporate limits of a municipality shall occur once a year on the first day of January and shall take effect for any annexations which were finalized on or before the preceding first day of October.

(b)(1) Except as otherwise provided by law on July 26, 2021, nothing in this section shall be interpreted as allowing the municipal planning commission of a municipality to exercise any authority outside the corporate limits of the municipality other than the regulation of subdivisions.

(2) Within a municipal planning jurisdiction outside of the corporate limits of the municipality, municipal subdivision regulations shall not be applied to any transaction resulting in the direct sale, deed, or transfer of land by the owner to any individual who may be eligible to inherit that land from the owner under Article 3 of Chapter 8 of Title 43, relating to intestate succession. Notwithstanding the foregoing, any transaction resulting in the direct sale, deed, or transfer of that land occurring within 24 months of the excepted transfer shall be subject to municipal subdivision regulations.

(c) In all counties having a population of 600,000 or more according to the 1950 federal census or any succeeding decennial federal census, the county planning and zoning commission shall be invested with the authority to zone property outside of municipal corporate limits, except where that authority has previously been provided to a municipality by general or local law on or before July 26, 2021; provided, further, that in all counties having a population of 600,000 or more inhabitants according to the 1950 federal census or any succeeding decennial federal census, the county commission of the county may establish minimum specifications and regulations governing the lay-out, grading, and paving of all streets, avenues, and alleys and the construction or installation of all water, sewer, or drainage pipes or lines in any subdivision lying wholly or partly in areas outside the corporate limits of any municipality in the counties and relating to subdivisions lying within the corporate limits of any municipality in the counties which has declined or failed to exercise zoning jurisdiction and control as provided in this section.

(d) A municipal planning commission, by resolution properly adopted no later than the first day of October of any year, may reduce the radius of its planning jurisdiction, effective on the first day of the following January. The municipal planning commission shall cease to levy any charges or fees relating to subdivision planning within the area removed from the planning jurisdiction. A copy of the resolution altering the planning jurisdiction shall be forwarded to the county commission within five days of adoption. Additionally, nothing in this subsection shall be construed to alter the provisions of Article 5 of Chapter 49, which require a municipality to assume responsibility for roads annexed into the municipality under certain circumstances.

(e)(1)a. If a county commission has adopted subdivision regulations pursuant to Chapter 24, those subdivision regulations shall apply to the development of subdivisions within the planning jurisdiction of a municipal planning commission outside the corporate limits of a municipality and shall be regulated and enforced by the county commission in the same manner and to the same extent as other subdivision development governed by the county’s subdivision regulations.

b.1. Notwithstanding paragraph a., the county commission and the municipal planning commission may enter into a written agreement providing that the municipal planning commission shall be responsible for the regulation and enforcement of the development of subdivisions within the planning jurisdiction of the municipal planning commission under the terms and conditions of the agreement.

2. In order to be effective, the agreement shall be approved by a resolution adopted by the county commission, an ordinance adopted by the municipal governing body, and a resolution adopted by the municipal planning commission of the municipality.

(2)a. In those counties in which the county commission has adopted subdivision regulations pursuant to Chapter 24 and the municipal planning commission has been unsuccessful in reaching an agreement to exercise its jurisdiction as provided in subdivision (1), the municipal planning commission shall discontinue the regulation of subdivisions outside of its corporate limits and shall cease levying any charges or fees relating to subdivision regulation within the planning jurisdiction, no later than 24 months after receipt of written notice by the municipal planning commission from the county commission detailing that the county commission has adopted subdivision regulations.

b. The county commission, by resolution, may withdraw jurisdiction over future subdivisions located in the municipal planning jurisdiction, effective six months after receipt of written notice by the municipal planning commission from the county commission detailing the adoption of the resolution.

c. After withdrawal by the county commission, the municipal planning commission may resume subdivision regulation and the levying of related charges or fees within its planning jurisdiction outside the corporate limits.

d. The county commission, no sooner than 24 months following withdrawal, may adopt a resolution to reinstate subdivision regulation in the municipal planning jurisdiction, effective six months after receipt of written notice by the municipal planning commission from the county commission detailing the adoption of the resolution. The municipal planning commission shall then discontinue the regulation of subdivisions outside of its corporate limits and shall cease levying any charges or fees relating to subdivision regulation.

(f) If a county commission has not adopted subdivision regulations pursuant to Chapter 24, the municipal planning commission shall have sole jurisdiction for the regulation and enforcement of the development of subdivisions within the planning jurisdiction of the municipal planning commission.

(g) Subject to subdivision (b)(2) and subsection (e), and unless otherwise provided for by an agreement between a county and a municipality adopted pursuant to this section, if any portion of a proposed subdivision is located within a municipal planning jurisdiction as provided in this section, the subdivision regulations of the municipal planning commission shall apply to the proposed subdivision.

(h) Any subdivision issued approval by a municipality on or before July 26, 2021 or while a municipal planning commission is regulating that subdivision pursuant to subsection (e) shall not require separate approval by the county commission; provided, that the plans were prepared and accepted to standards meeting or exceeding those required by the county commission.

(i) If the municipal planning commission accepts responsibility for the development of a subdivision within its planning jurisdiction outside of the corporate limits as provided in subsection (e), the county commission shall not accept any roads or bridges within the subdivision for county maintenance unless the county engineer certifies to the county commission that the road or bridge meets the minimum road and bridge standards of the county. This section shall not apply to any roads or bridges which the county has accepted for maintenance prior to October 1, 2012.

(j) If the county commission is responsible for the regulation and enforcement of a subdivision development within the planning jurisdiction of a municipal planning commission outside the corporate limits of a municipality, the recording of any map or plat related to the subdivision shall be governed by Chapter 24.

(k) If the municipal planning commission is responsible for the regulation and enforcement of a subdivision development within the planning jurisdiction of the municipal planning commission outside the corporate limits of the municipality, no map or plat of any subdivision shall be recorded, and no property shall be sold referenced to the map or plat, until and unless it has been first submitted to and approved by the municipal planning commission, pursuant to Section 11-52-32 and its adopted procedures, and then certified by the county engineer or his or her designee as follows within 30 days of being submitted to the county engineer: “The undersigned, as County Engineer of the County of _________ of Alabama, hereby certifies on this ______ day of _____, 20___, that the _____________ Planning Commission approved the within plat for the recording of same in the Probate Office of _________ County, Alabama.”

(l) Approval by the county engineer pursuant to this subsection shall not constitute approval in lieu of or on behalf of any municipality with respect to subdivision development regulated and enforced by the municipal planning commission, wherein all maps or plats must be first submitted to and approved by the municipal planning commission or other appropriate municipal agency exercising jurisdiction over the subdivision.

(m) Nothing in this section shall be interpreted as allowing a municipal planning commission or a municipality to exercise the power of eminent domain outside of its corporate limits.

(n) Nothing in this section shall be interpreted as allowing a municipal planning commission or a municipality to levy taxes or fees in its planning jurisdiction outside of its corporate limits, except for those fees relating to the regulation of subdivisions.

(o) Nothing in this section shall limit or impair the authority of a municipality to regulate the construction of buildings within the police jurisdiction of the municipality as provided in Section 11-40-10.

(p) Nothing in this section shall be construed to grant the county commission or county engineer the authority to regulate subdivision development or approve maps or plats for any developments within the corporate limits of a municipality.

(q) Act 2021-297 does not affect any public or private contracts, or any mutual aid agreements between law enforcement, fire service, public safety, or emergency service agencies.
Ala. Code § 11-47-220 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-220
Section 11-47-220 Construction of Article
Status: in_force

Neither this article nor anything contained in this article shall be construed as a limitation or restriction upon any power which a municipality might otherwise have under the laws of the State of Alabama and this article shall be construed as cumulative of such powers.
Ala. Code § 11-50-300.07 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-300.07
Section 11-50-300.07 Financial Statements and Reports
Status: in_force

(a) A regional board shall follow best practices in preparing or causing to be prepared financial statements and other reports, including all of the following: (1) An annual budget in monthly form. (2) Monthly financial statements with comparison to the budget. (3) Annual financial statements with comparison to the budget. (4) Annual financial statements audited by an independent auditor. (5) A five-year operating plan with annual revisions and appropriate comparisons of actual performance to the plan. (6) A 10-year capital plan, including a plan to fund the capital expenditures called for in the capital plan, and a 10-year estimate of rates per year required to fund operating expenses, capital expenditures, and debt service. (7) Monthly and annual statistical reports to include the number of employees, number of customer connections by major geographical location, number of miles of pipe replaced as a percent of total miles of pipe in a system, volume of treated and untreated water introduced into transmission mains, volume of treated and untreated water billed to customers, and the number of leaks repaired. (8) Monthly and annual schedules of professionals employed other than through a public bid process pursuant to exceptions to competitive bid laws, brief descriptions of their scopes of work, and amounts paid monthly, year-to-date, and for the preceding 12 months. (9) Prior to the adoption of each annual budget of a regional board, a report on the current staffing of the regional board to include a job description of each position, the number of individuals filling each position, the average annual compensation paid to the individuals in each position, and proposed changes in staffing and compensation anticipated in the annual budget to be adopted, together with comparisons as may be available between the staffing of the regional board and the staffing of other comparable water systems. (b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(1) An annual budget in monthly form. (2) Monthly financial statements with comparison to the budget. (3) Annual financial statements with comparison to the budget. (4) Annual financial statements audited by an independent auditor. (5) A five-year operating plan with annual revisions and appropriate comparisons of actual performance to the plan. (6) A 10-year capital plan, including a plan to fund the capital expenditures called for in the capital plan, and a 10-year estimate of rates per year required to fund operating expenses, capital expenditures, and debt service. (7) Monthly and annual statistical reports to include the number of employees, number of customer connections by major geographical location, number of miles of pipe replaced as a percent of total miles of pipe in a system, volume of treated and untreated water introduced into transmission mains, volume of treated and untreated water billed to customers, and the number of leaks repaired. (8) Monthly and annual schedules of professionals employed other than through a public bid process pursuant to exceptions to competitive bid laws, brief descriptions of their scopes of work, and amounts paid monthly, year-to-date, and for the preceding 12 months. (9) Prior to the adoption of each annual budget of a regional board, a report on the current staffing of the regional board to include a job description of each position, the number of individuals filling each position, the average annual compensation paid to the individuals in each position, and proposed changes in staffing and compensation anticipated in the annual budget to be adopted, together with comparisons as may be available between the staffing of the regional board and the staffing of other comparable water systems. (b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(2) Monthly financial statements with comparison to the budget. (3) Annual financial statements with comparison to the budget. (4) Annual financial statements audited by an independent auditor. (5) A five-year operating plan with annual revisions and appropriate comparisons of actual performance to the plan. (6) A 10-year capital plan, including a plan to fund the capital expenditures called for in the capital plan, and a 10-year estimate of rates per year required to fund operating expenses, capital expenditures, and debt service. (7) Monthly and annual statistical reports to include the number of employees, number of customer connections by major geographical location, number of miles of pipe replaced as a percent of total miles of pipe in a system, volume of treated and untreated water introduced into transmission mains, volume of treated and untreated water billed to customers, and the number of leaks repaired. (8) Monthly and annual schedules of professionals employed other than through a public bid process pursuant to exceptions to competitive bid laws, brief descriptions of their scopes of work, and amounts paid monthly, year-to-date, and for the preceding 12 months. (9) Prior to the adoption of each annual budget of a regional board, a report on the current staffing of the regional board to include a job description of each position, the number of individuals filling each position, the average annual compensation paid to the individuals in each position, and proposed changes in staffing and compensation anticipated in the annual budget to be adopted, together with comparisons as may be available between the staffing of the regional board and the staffing of other comparable water systems. (b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(3) Annual financial statements with comparison to the budget. (4) Annual financial statements audited by an independent auditor. (5) A five-year operating plan with annual revisions and appropriate comparisons of actual performance to the plan. (6) A 10-year capital plan, including a plan to fund the capital expenditures called for in the capital plan, and a 10-year estimate of rates per year required to fund operating expenses, capital expenditures, and debt service. (7) Monthly and annual statistical reports to include the number of employees, number of customer connections by major geographical location, number of miles of pipe replaced as a percent of total miles of pipe in a system, volume of treated and untreated water introduced into transmission mains, volume of treated and untreated water billed to customers, and the number of leaks repaired. (8) Monthly and annual schedules of professionals employed other than through a public bid process pursuant to exceptions to competitive bid laws, brief descriptions of their scopes of work, and amounts paid monthly, year-to-date, and for the preceding 12 months. (9) Prior to the adoption of each annual budget of a regional board, a report on the current staffing of the regional board to include a job description of each position, the number of individuals filling each position, the average annual compensation paid to the individuals in each position, and proposed changes in staffing and compensation anticipated in the annual budget to be adopted, together with comparisons as may be available between the staffing of the regional board and the staffing of other comparable water systems. (b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(4) Annual financial statements audited by an independent auditor. (5) A five-year operating plan with annual revisions and appropriate comparisons of actual performance to the plan. (6) A 10-year capital plan, including a plan to fund the capital expenditures called for in the capital plan, and a 10-year estimate of rates per year required to fund operating expenses, capital expenditures, and debt service. (7) Monthly and annual statistical reports to include the number of employees, number of customer connections by major geographical location, number of miles of pipe replaced as a percent of total miles of pipe in a system, volume of treated and untreated water introduced into transmission mains, volume of treated and untreated water billed to customers, and the number of leaks repaired. (8) Monthly and annual schedules of professionals employed other than through a public bid process pursuant to exceptions to competitive bid laws, brief descriptions of their scopes of work, and amounts paid monthly, year-to-date, and for the preceding 12 months. (9) Prior to the adoption of each annual budget of a regional board, a report on the current staffing of the regional board to include a job description of each position, the number of individuals filling each position, the average annual compensation paid to the individuals in each position, and proposed changes in staffing and compensation anticipated in the annual budget to be adopted, together with comparisons as may be available between the staffing of the regional board and the staffing of other comparable water systems. (b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(5) A five-year operating plan with annual revisions and appropriate comparisons of actual performance to the plan. (6) A 10-year capital plan, including a plan to fund the capital expenditures called for in the capital plan, and a 10-year estimate of rates per year required to fund operating expenses, capital expenditures, and debt service. (7) Monthly and annual statistical reports to include the number of employees, number of customer connections by major geographical location, number of miles of pipe replaced as a percent of total miles of pipe in a system, volume of treated and untreated water introduced into transmission mains, volume of treated and untreated water billed to customers, and the number of leaks repaired. (8) Monthly and annual schedules of professionals employed other than through a public bid process pursuant to exceptions to competitive bid laws, brief descriptions of their scopes of work, and amounts paid monthly, year-to-date, and for the preceding 12 months. (9) Prior to the adoption of each annual budget of a regional board, a report on the current staffing of the regional board to include a job description of each position, the number of individuals filling each position, the average annual compensation paid to the individuals in each position, and proposed changes in staffing and compensation anticipated in the annual budget to be adopted, together with comparisons as may be available between the staffing of the regional board and the staffing of other comparable water systems. (b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(6) A 10-year capital plan, including a plan to fund the capital expenditures called for in the capital plan, and a 10-year estimate of rates per year required to fund operating expenses, capital expenditures, and debt service. (7) Monthly and annual statistical reports to include the number of employees, number of customer connections by major geographical location, number of miles of pipe replaced as a percent of total miles of pipe in a system, volume of treated and untreated water introduced into transmission mains, volume of treated and untreated water billed to customers, and the number of leaks repaired. (8) Monthly and annual schedules of professionals employed other than through a public bid process pursuant to exceptions to competitive bid laws, brief descriptions of their scopes of work, and amounts paid monthly, year-to-date, and for the preceding 12 months. (9) Prior to the adoption of each annual budget of a regional board, a report on the current staffing of the regional board to include a job description of each position, the number of individuals filling each position, the average annual compensation paid to the individuals in each position, and proposed changes in staffing and compensation anticipated in the annual budget to be adopted, together with comparisons as may be available between the staffing of the regional board and the staffing of other comparable water systems. (b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(7) Monthly and annual statistical reports to include the number of employees, number of customer connections by major geographical location, number of miles of pipe replaced as a percent of total miles of pipe in a system, volume of treated and untreated water introduced into transmission mains, volume of treated and untreated water billed to customers, and the number of leaks repaired. (8) Monthly and annual schedules of professionals employed other than through a public bid process pursuant to exceptions to competitive bid laws, brief descriptions of their scopes of work, and amounts paid monthly, year-to-date, and for the preceding 12 months. (9) Prior to the adoption of each annual budget of a regional board, a report on the current staffing of the regional board to include a job description of each position, the number of individuals filling each position, the average annual compensation paid to the individuals in each position, and proposed changes in staffing and compensation anticipated in the annual budget to be adopted, together with comparisons as may be available between the staffing of the regional board and the staffing of other comparable water systems. (b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(8) Monthly and annual schedules of professionals employed other than through a public bid process pursuant to exceptions to competitive bid laws, brief descriptions of their scopes of work, and amounts paid monthly, year-to-date, and for the preceding 12 months. (9) Prior to the adoption of each annual budget of a regional board, a report on the current staffing of the regional board to include a job description of each position, the number of individuals filling each position, the average annual compensation paid to the individuals in each position, and proposed changes in staffing and compensation anticipated in the annual budget to be adopted, together with comparisons as may be available between the staffing of the regional board and the staffing of other comparable water systems. (b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(9) Prior to the adoption of each annual budget of a regional board, a report on the current staffing of the regional board to include a job description of each position, the number of individuals filling each position, the average annual compensation paid to the individuals in each position, and proposed changes in staffing and compensation anticipated in the annual budget to be adopted, together with comparisons as may be available between the staffing of the regional board and the staffing of other comparable water systems. (b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(b) All financial statements and other reports shall be accompanied by appropriate operating statistics, actual and projected. (c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(c) All statistical and financial reports shall include historical statistics and financial information to the extent available and necessary to place recent information in historical context and a full description and disclosure of all assumptions made in the preparation of the reports. (d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.

(d) The reports required by this section shall be made available by paper copy and email to the state legislators representing the counties in which the regional board operates and the Department of Examiners of Public Accounts. The reports shall also be made available to the public on a website maintained by the regional board.
Ala. Code § 11-43-83 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-83
Section 11-43-83 Execution, Etc., of Deeds, Contracts, Bonds, Etc
Status: in_force

The mayor shall see that all contracts with the town or city are faithfully kept or performed. He shall execute all deeds and contracts and bonds required in judicial proceedings for and on behalf of the city or town and no sureties shall be required on such bond. He shall perform such other executive duties, in addition to those prescribed in this article, as may be required of him by the council.
Ala. Code § 11-44-37 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-37
Section 11-44-37 Elections for Office of Commissioner - Filing and Form of Statement of Candidacy, Etc
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-1-3 — Alabama Code / Title 2 / Chapter 1 / Section 2-1-3
Section 2-1-3 Prima Facie Evidence of Possession with Intent to Sell
Status: in_force

The having in possession of any article, substance, material or product, the sale of which is regulated under the provisions of this title or any other provision of this Code or other statute which the Commissioner, Department or Board of Agriculture and Industries is authorized or directed to administer or enforce, by any person who manufactures, sells, keeps for sale, offers or exposes for sale, serves, distributes or delivers the same shall be prima facie evidence of having in possession with intent to sell, except, that this section or any of the penalties set forth in this title or other such statute shall not apply to any common carrier when said article, substance, material or product was received by said carrier for transportation in the ordinary course of business and without actual knowledge of the adulteration, misbranding or under standard grade, weight or measure claimed.
Ala. Code § 11-40-83 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-83
Section 11-40-83 Zoning Authority in Overlapping Police Jurisdictions - Zoning Disputes Between Municipalities
Status: in_force

Notwithstanding Section 11-40-82, in the overlapping areas of the police jurisdiction of the municipalities, each municipality may object to a zoning decision of the other municipality in the overlapping areas. In that case, the objecting municipality shall notify the other municipality of its objection and the zoning dispute shall be resolved by a panel consisting of the mayors of the two municipalities and the chair of the county commission of the county where the property involved in the zoning dispute is located.
Ala. Code § 11-43B-28.1 — Alabama Code / Title 2 / Chapter 43B / Section 11-43B-28.1
Section 11-43B-28.1 Increase in Membership of City Board of Education and Waterworks and Sewer Board
Status: in_force

In any Class 4 municipality which has adopted a mayor-council form of government pursuant to Chapter 43B (commencing with Section 11-43B-1) of Title 11, the membership of the city board of education and the waterworks and sewer board may be increased to seven members. The additional members shall be appointed in the same manner as the present members are appointed and shall serve the same term as set by law. The initial appointments for the additional positions shall serve for full terms.
Ala. Code § 2-25-6 — Alabama Code / Title 2 / Chapter 25 / Section 2-25-6
Section 2-25-6 Inspection Certificate Required for Nurserymen and Dealers in Nursery Stock; Fees
Status: in_force

(a)(1) Before any nurseryman or dealer in nursery stock may sell, offer, or expose for sale or distribution in this state any nursery stock, he or she shall apply for and obtain from the commissioner an inspection certificate indicating compliance with the provisions of this article and the rules and regulations promulgated thereunder. The inspection certificate shall, among other requirements, be based upon an inspection conducted by the commissioner of the nursery stock and the area where it is kept, stored or grown. The inspection certificate issued by the commissioner shall expire on September 30 and shall be renewable on or before October 1 for the succeeding fiscal year.

(2) Where nursery stock is grown at more than one location by one nurseryman, fees shall be based upon the previous year’s volume of sales, and established by rule of the Board of Agriculture and Industries, and the fees shall be deposited to the credit of the Agricultural Fund in the State Treasury.

(b)(1) Each application for a certificate of inspection shall be accompanied by an inspection fee. The fees shall be determined by the board by rule based upon the previous year’s volume of sales, but in no event shall the board prescribe fees in excess of two hundred thirty dollars ($230), nor less than fifty dollars ($50) for any one certificate as follows:

Previous Year’s Gross Sales of Production Maximum Fee for Range less than $100,000 $50.00 $100,000 to $500,000 $100.00 $500,000 to $1,000,000 $150.00 more than $1,000,000 $230.00

(2) Certain public agencies designated by the board may, in the board’s discretion, be exempt from the requirements of an inspection fee, although all other requirements for a certificate of inspection shall be met by the public agency. Delinquent fees shall be handled as provided under Section 2-9-2, but operating as a nurseryman or dealer without a valid and up-to-date certificate of inspection is a violation of the provisions of this article and will be handled accordingly.

(c) Before any nurseryman or dealer in nursery stock may sell, offer or expose for sale or distribution any nursery stock, such person shall file with the commissioner a duplicate certificate of inspection issued by the official certifying agency of the state or country where the nursery stock is grown together with the inspection certificate fee which shall be an amount not to exceed twenty dollars ($20), the fee to be deposited to the credit of the Agricultural Fund in the State Treasury. The inspection certificate shall expire on September 30 of each year and be renewable as of October 1; provided, that the commissioner may enter into reciprocal agreements with the certifying agency of other states whereby no certificate or permit fee is required, provided Alabama nurserymen and dealers who otherwise qualify are permitted to ship nursery stock into such states without having to pay a fee for an inspection certificate or permit granting that privilege and provided further, that the commissioner shall find that the inspection standards of that state are equal to those required by the Alabama law and rules and regulations of the Department of Agriculture and Industries.
Ala. Code § 11-43D-1 — Alabama Code / Title 2 / Chapter 43D / Section 11-43D-1
Section 11-43D-1 Cities to Which Chapter Applies; Form of Ordinance
Status: in_force

The governing body of any Class 5 municipality operating under a United States district court consent decree approved by the court in the case of Tolbert and Petty vs. the City of Bessemer, Civil Action No. 75-297, by a majority vote of the members thereof may adopt an ordinance establishing a mayor-council form of government pursuant to the terms and conditions of this chapter. Any municipality desiring to adopt a form of government provided for herein shall adopt an ordinance in substantially the following form:

“BE IT ORDAINED BY THE COUNCIL OF THE CITY OF _____ AS FOLLOWS:

“Section 1. That pursuant to Act 89-750 of the 1989 Regular Session of the Legislature, the mayor-council form of government pursuant to the United States district court decree agreed to by the parties and approved by the court on the 18th day of October, 1985, in the case of Tolbert and Petty vs. the City of Bessemer, under which the municipality has operated, shall be abandoned on the 1st day of October, 1990.

“Section 2. The form of government as described by Act No. 89-750 of the 1989 Regular Session of the Legislature providing for a mayor-council form of government with the mayor and one council member elected at large and six council members from single member districts, is hereby adopted as the form of government for the City of _____ , pursuant to all the terms and conditions contained in said act.

“Section 3. This ordinance shall take effect as provided by law, and be implemented pursuant to said Act No. 89-750.”
Ala. Code § 11-68-13 — Alabama Code / Title 2 / Chapter 68 / Section 11-68-13
Section 11-68-13 Architectural Review Board; Composition; Nomination of Members; Terms; Removal for Cause; Vacancies; Officers; Rules; Reimbursement for Expenses; Personnel; Meetings; Multiple Boards
Status: in_force

(a) A municipality enacting an ordinance pursuant to this chapter, may elect to create an architectural review board, hereinafter sometimes called the board, to perform the duties and responsibilities of the historic preservation commission in accepting, considering and approving or rejecting applications for certificates of appropriateness, as set out in Sections 11-68-9 through 11-68-12.

(b) If such board is created, it shall be composed of not less than five members who shall have demonstrated training or experience in the fields of history, architecture, architectural history, urban planning, archaeology, or law. Members of the board need not be residents of the territorial jurisdiction of the municipality creating the board. No member of a municipal governing body shall serve as members of the board.

(c) Members of the board shall be nominated by the chief executive officer of the municipality creating the board, and appointed by the legislative body of that municipality or county. Nomination and appointment of members of the commission shall be made so that the board will be composed of persons with as much of the training and experience specified in subsection (b) of this section as possible.

(d) Except for the original members of the board, members of the board shall serve three year terms and shall be appointed in such manner as to serve overlapping terms. Two of the original members of the board shall be appointed to serve one year terms and the remainder of the original members of the board shall be appointed to serve three year terms. Members of the board may be reappointed.

(e) Members of the board may be removed for cause by the legislative body of the municipality creating the board.

(f) Vacancies on the board shall be filled by persons nominated by the chief executive officer of the municipality creating the commission and appointed by the legislative body of that municipality. Such appointments shall be for the unexpired term of the member replaced.

(g) Members of the board shall elect a chairman and vice chairman and such other officers as the members deem necessary. The board shall adopt rules of procedure and shall communicate those rules of procedure to the municipality creating the board. The rules of procedure of the board shall specify what number of members of the board shall constitute a quorum.

(h) Members of the board shall serve without compensation, but may be reimbursed for reasonable expenses incurred on behalf of the board, in accordance with the rules and regulations for the reimbursement of expenses adopted by the board.

(i) The board may employ such professional, technical, office, and other personnel, as may be necessary, to carry out the purposes and responsibilities of the board.

(j) Meetings of the board shall be public meetings and shall be held at times and places and pursuant to such notices as are specified in the ordinance creating the board.

(k) If, in the opinion of the governing body of the municipality creating a board, the work load of the board is, or is contemplated to be excessive, the governing body of the municipality creating the board may create more than one board, and designate the historic properties, and historic districts with which each board will be concerned, so long as each historic property and each historic district designated by the municipality shall be subject to the control of only one board. Each such board created shall have all of the powers and authority set forth in this chapter with respect to the historic properties and historic districts with which it is concerned.
Ala. Code § 11-50-392 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-392
Section 11-50-392 Contents, Acknowledgment, Filing, and Recordation of Certificate of Incorporation; Procedure for Amendment Thereof; Dissolution of District and Disposition of Systems, Etc., Upon Payment of Indebtedness of District in Full
Status: in_force

(a) The certificate of incorporation of any gas district incorporated under this article shall state:

(1) The name of the corporation, which shall be a name indicating in a general way the area or municipalities proposed to be served by the district (e.g., “The South Alabama Gas District” or “The _____ County Gas District” or “The _____, _____, and _____ (naming the municipalities which are members thereof) Gas District”);

(2) The names of all the municipalities which are to be members of the district;

(3) The location of the principal office of the district and its post office address;

(4) The period for the duration of the corporation (if the duration is to be perpetual, this fact should be stated); and

(5) The objects for which the district is organized.

The certificate of incorporation may also include any provision or provisions not contrary to law which the incorporators may choose to insert for the regulation and conduct of the affairs of the district. The certificate of incorporation shall be acknowledged before an officer authorized by the laws of this state to take acknowledgments of deeds and shall have appended thereto a certified copy of the resolution of each municipality which is to be a member thereof and which authorized its mayor to participate in the incorporation thereof. The certificate of incorporation shall be filed in the office of the judge of probate of the county in which the principal office is to be located; and said judge of probate shall forthwith file such certificate and record the same, and thereupon the incorporators shall constitute a public corporation under the name stated in the certificate of incorporation. As soon thereafter as convenient, the judge of probate shall transmit a copy of the certificate of incorporation to the Secretary of State.

(b) The certificate of incorporation of any gas district incorporated under this article may at any time and from time to time be amended in the following manner: The board of directors of the district shall adopt a resolution setting forth the proposed amendment, which may include any proposed change in the name of such district, the inclusion of other municipalities as members thereof, or any matter which might originally have been included in the certificate of incorporation. If the governing body of each of the municipalities which authorized the incorporation of the district and the governing body of each municipality which it is proposed shall be added as members of the district and the municipalities shall by resolution of their respective governing bodies consent to such proposed amendment, the chairman of the board of directors or other chief executive officer of the district and the secretary of the district shall then file in the office of the judge of probate in the county in which the certificate of incorporation of the district is filed a certificate in the name and on behalf of the district, under its corporate seal, reciting the adoption of the said respective resolutions by the board of directors and by the governing bodies of such municipalities and setting forth the proposed amendment. The proposed amendment shall become effective upon the filing of such certificate in the said office.

(c) Whenever all the indebtedness and obligations of the district shall have been paid in full and a plan for the distribution and disposal of all the systems and property of the district shall have been made and approved by its board of directors and by the governing body of each of the municipalities which are members of the district, a certificate reciting these facts and that it is the desire of the board of directors of the district and of the governing bodies of each of the municipalities which are members thereof that the district be dissolved shall be filed in the office of the judge of probate of the county in which the certificate of incorporation is filed, and thereupon the district shall be dissolved and the members of the board of directors of the district shall be trustees of its systems and properties to distribute and dispose thereof in accordance with said plan.
Ala. Code § 2-8-207 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-207
Section 2-8-207 Annual Audit of Commission; Examination by Department of Examiners of Public Accounts; Publication of Statement
Status: in_force

The approved and certified commission receiving and disbursing funds as herein authorized shall following the close of their fiscal year every two years, cause an audit of their books and accounts for the two-year period to be conducted by a certified public accountant disclosing receipts, disbursements, expenditures, and other information related thereto, and a copy thereof shall be forwarded to the State Board of Agriculture and Industries for inspection and review. The examiner of public accounts of the Department of Examiners of Public Accounts may audit, review, and otherwise investigate the receipts and disbursements of the funds in the same manner that those duties are performed for examination and audits of agencies and departments of the state. An examination or audit as herein required and submitted to the State Board of Agriculture and Industries shall be open to public inspection. Within 90 days following the close of the certified commission’s fiscal year, if it has received any funds from assessments levied and collected pursuant to this article, the commission shall forward a copy of a financial statement to the state board showing the amount received and collected and the amount spent for each project and item. The statement shall be available for public inspection.
Ala. Code § 11-46-21 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-21
Section 11-46-21 Time of Elections; Notice; Assumption of Duties by Elected Officers
Status: in_force

(a) The regular municipal elections in cities and towns shall be held on the fourth Tuesday in August 2025, and quadrennially thereafter, and, when necessary as provided in subsection (d) of Section 11-46-55, a second or runoff election shall be held on the fourth Tuesday following the regular election.

(b) Special elections shall be held on the second or fourth Tuesday of any month when ordered by the municipal governing body; provided, that notice of the election shall be published in the manner prescribed in Section 11-46-22 on or before the corresponding Tuesday of the second month preceding the month in which the special election is to be held.

(c) Municipal officers elected at regular elections shall assume the duties of their respective offices on the first Monday in November following their election unless otherwise provided in this article and shall serve until their successors are elected and qualified.

(d) This section shall not apply to any municipal election required by general or local act at a time different from the dates provided for in this section.
Ala. Code § 2-6-118 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-118
Section 2-6-118 Trust Fund
Status: in_force

For the purpose of providing funds for the payment of the principal of and interest on the bonds issued by the corporation under this article, there is created and irrevocably pledged to the payment of such obligations a special and continuing trust fund which shall consist of all receipts, revenues, and income that are derived or received by the corporation from the leasing or operation of the project and that remain after payment of the costs of maintaining and insuring the project. All such moneys shall be deposited into the fund upon receipt, and held until applied for the payment of bonds of the corporation.
Ala. Code § 2-2-36 — Alabama Code / Title 2 / Chapter 2 / Section 2-2-36
Section 2-2-36 Establishment and Operation of Laboratory
Status: in_force

The commissioner, with the approval of the State Board of Agriculture and Industries, shall have authority to incur such expenses and use such funds as necessary for the establishment, operation and maintenance of a laboratory or laboratories in which adequate and proper tests or chemical analyses can be made and conducted.
Ala. Code § 2-22-12 — Alabama Code / Title 2 / Chapter 22 / Section 2-22-12
Section 2-22-12 Proceedings Upon Determination of Deficiency in Guaranteed Primary Plant Nutrients in Commercial Fertilizers - Generally
Status: in_force

(a) If the analysis shall show that a commercial fertilizer is deficient in one or more of its guaranteed primary plant nutrients (NPK) beyond the tolerances as established by regulation adopted by the State Board of Agriculture and Industries pursuant to Section 2-22-20, a penalty shall be assessed in accordance with regulations adopted by the board.

(b) Deficiencies in any other constituent or constituents covered under paragraphs b and c of subdivision (5) of Section 2-22-2, which is required to be or may be guaranteed shall be evaluated by the commissioner and penalties therefor shall be prescribed by the board; provided, however, that in no case shall the penalty exceed the selling price of the fertilizer.

(c) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for judgment as to the justification of such penalties.

(d) When an official sample of a lot of commercial fertilizer shows a deficiency beyond the tolerance allowed under regulations of the board, a penalty shall be assessed in accordance with regulations promulgated by the board, which penalty shall be paid to the consumer by the licensee, and receipts shall be taken therefor and forwarded to the commissioner within 60 days after receiving written notification of such deficiency and the amount of the penalty from the commissioner. If any consumer of commercial fertilizer which has been determined by official analysis to be deficient and subject to penalty cannot be found, payment of the amount of such penalty shall be made to the commissioner within a period of 60 days for deposit in the State Treasury to the credit of the Agricultural Fund.

(e) Lots of fertilizer in manufacturing plants, on dealers’ premises or elsewhere from which samples are drawn and which are determined to be deficient by official analysis or are not otherwise in compliance with the requirements of this chapter, shall be subject to suspension from sale, seizure and condemnation in accordance with Section 2-22-6. Where any such lot of commercial fertilizer or portions thereof are sold by the licensee before the official analysis report is received by the commissioner and before notice has been given to the licensee of such deficiency, the penalty shall be paid to either the consumer of such commercial fertilizer or to the commissioner as provided in subsection (d) of this section.
Ala. Code § 11-51-203 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-203
Section 11-51-203 Applicability of Provisions of State Excise or Use Tax Law; Collection of Tax on Vehicles Sold by Dealers Not Licensed in Alabama or by Licensed Dealers Who Fail to Collect Sales Taxes; Fees
Status: in_force

(a) All taxes levied or assessed by any municipality pursuant to the provisions of Section 11-51-202 shall be subject to all definitions, exceptions, exemptions, proceedings, requirements, provisions, rules and regulations promulgated under the Alabama Administrative Procedure Act, direct pay permit and drive-out certificate procedures, statutes of limitation, penalties, fines, punishments, and deductions for the corresponding state tax as are provided by Section 40-2A-7 and Article 2 of Chapter 23 of Title 40, except where inapplicable or where otherwise provided in this article.

(b) Notwithstanding the provisions of subsection (a), the tax provided in Section 11-51-202 on any automotive vehicle, truck trailer, trailer, semitrailer, or travel trailer required to be licensed with the probate judge, which were sold by dealers that are not licensed in Alabama, or were sold by licensed Alabama dealers who failed to collect municipal or county sales taxes at the point of sale, shall be collected and fees paid in accordance with the provisions of Sections 40-23-104 and 40-23-107, respectively.

(c) For making the collection of county or municipal taxes levied under the authority of this article, the tax collector shall be entitled to a fee from the recipient county or municipality in an amount equal to five percent of the first ten thousand dollars ($10,000) of revenue collected for the recipient and three percent of all revenue collected over ten thousand dollars ($10,000) for the recipient under this article each month. Such fee shall be for the use of the tax collector, except as otherwise provided by law. The fees allowed herein shall be deducted from the tax collection of each recipient each month and the remainder of the collections shall be remitted to each recipient as provided by law; provided, however, the fee shall be disallowed with respect to any tax collected for the county or municipality unless the collections are remitted to the appropriate county or municipal tax recipient within the time allowed by law. In all counties where the tax collector is paid on a salary instead of a fee basis, all fees allowed under the terms of this section to be paid to the tax collector shall be paid, by the tax collector, into the county treasury or to the official performing the duties of county treasurer.
Ala. Code § 11-43-163 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-163
Section 11-43-163 Powers of Council or Committee as to Witnesses, Etc.; Secretary of Committee
Status: in_force

The council or a committee thereof duly authorized by resolution may summon witnesses and compel their attendance and compel witnesses to testify and produce books and papers and may punish them by imprisonment, not exceeding 10 days, for failure to attend or refusal to testify or produce books or papers. The presiding officer of the council or of the committee may administer oaths to witnesses. During a session of the council or of a committee any person who is guilty of disorderly or contemptuous behavior in the presence of the council or the committee, may be punished by the council or committee by arrest and imprisonment not exceeding 24 hours. A committee may require any officer of the police force or any patrolman to act as secretary of such committee.
Ala. Code § 22-50-62 — Alabama Code / Title 2 / Chapter 50 / Section 22-50-62
Section 22-50-62 Disclosure of Information
Status: in_force

No employee of any of the facilities under the management, control, supervision or affiliated with the Alabama Department of Mental Health shall be required to disclose any record, report, case history, memorandum or other information, oral or written, which may have been acquired, made or compiled in attending or treating any patient of said facilities in a professional character, when such information was necessary in order to evaluate or treat said patient or to do any act for him or her in a professional capacity, unless a court of competent jurisdiction shall order disclosure for the promotion of justice; provided, that where a person is a defendant in a criminal case and a mental examination of such defendant has been ordered by the court, the results or the report of such mental examination shall be forwarded to the clerk of said court and to the district attorney and to the attorney of record for the defendant.
Ala. Code § 2-3A-13 — Alabama Code / Title 2 / Chapter 3A / Section 2-3A-13
Section 2-3A-13 Freedom of Authority from State Supervision and Control; Applicability of Code of Ethics
Status: in_force

(a) This article is intended to aid the state through the furtherance of the purposes of the article by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly provided in this article, no proceeding, notice or approval shall be required for the incorporation of the authority, the purchase of any note or other instrument secured by a mortgage, deed of trust, note or other security interest, the issuance of any bonds, the execution of any mortgage and deed of trust or trust indenture, or the exercise of any other of its powers by the authority. Neither a public hearing nor the consent of the state Department of Finance shall be prerequisite to the issuance of bonds by the authority.

(b) The directors, the officers and employees of the authority shall be subject to Chapter 25 of Title 36 and to the rules and promulgations by the Alabama Ethics Commission.
Ala. Code § 11-59-17 — Alabama Code / Title 2 / Chapter 59 / Section 11-59-17
Section 11-59-17 Construction of Chapter
Status: in_force

Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers which the corporation or the municipality might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers.

No proceedings, notice, or approval shall be required for the organization of the corporation or the issuance of any bonds or any instrument as security therefor, except as is provided in this chapter, any other law to the contrary notwithstanding; provided, that nothing in this chapter shall be construed to deprive the state and its governmental subdivisions of their respective police powers over any properties of the corporation or to impair any power thereover of any official or agency of the state which may be otherwise provided by law.
Ala. Code § 11-47-91 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-91
Section 11-47-91 Arrangement and Return of Enumeration; Certification of Same to Secretary of State; Effect as to Conduct of School Census
Status: in_force

Such enumeration shall be alphabetically arranged and returned to the mayor, together with the original books of enumeration. The mayor shall thereupon certify to the Secretary of State the result of such census, giving the total number of each race residing within the corporate limits of the municipality, and the result so certified by the mayor under the seal of the municipality, attested by the clerk, shall be the official census of such city or town until the next federal census or until a new enumeration shall have been taken.

When a municipal census shall have been taken in an odd year, it shall not be necessary to take a separate school census in such municipality during such year, but such school census shall be taken from the result of the enumeration made by the municipality and certified as required by law to the State Superintendent of Education.
Ala. Code § 11-46-95 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-95
Section 11-46-95 Designation of Voting Places Generally; Voting Centers; Officials and Equipment; Voting Procedures
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-44C-32 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-32
Section 11-44C-32 Mayor - Filing as Candidate; Qualifying Fee
Status: in_force

Any person desiring to become a candidate in any election for the office of mayor may become such candidate by filing in the office of the city clerk a statement in writing of such candidacy as required by the general municipal election laws. Said statement shall be accompanied by a qualifying fee in the amount of $500.00, which qualifying fee shall be paid into the general fund of the city.
Ala. Code § 11-47-222 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-222
Section 11-47-222 Bonds of an Authority - Sale and Issuance of Refunding Bonds; Maturity; Limitation on Principal Amount; Use of Proceeds; Effectuation of Refunding by Sale or Exchange of Bonds
Status: in_force

(a) An authority may at any time and from time to time sell and issue its refunding bonds for the purpose of refunding the principal of and interest on any then outstanding bonds of the authority, whether or not the bonds shall have matured or be redeemable at the option of the authority at the time of the refunding, and for the payment of any expenses incurred in connection with the refunding and any premium or other sum necessary to be paid to redeem or retire the bonds to be refunded. No refunding bonds shall be issued unless the present value of all debt service on the refunding bonds (computed with a discount rate equal to the true interest rate of the refunding bonds and taking into account all underwriting discount and other issuance expenses) shall not be greater than 95 percent of the present value of all debt service on the bonds to be refunded (computed using the same discount rate and taking into account the underwriting discount and other issuance expenses originally applicable to such bonds) determined as if such bonds to be refunded were paid and retired in accordance with the schedule of maturities (considering mandatory redemption as a scheduled maturity) provided at the time of their issuance. Provided further that the average maturity of the refunding bonds, as measured from the date of issuance of such refunding bonds, shall not exceed by more than three years the average maturity of the bonds to be refunded, as also measured from such date of issuance, with the average maturity of any principal amount of bonds to be determined by multiplying the principal of each maturity by the number of years (including any fractional part of a year) intervening between such date of issuance and each such maturity, taking the sum of all such products, and then dividing such sum by the aggregate principal amount of bonds for which the average maturity is to be determined. Such refunding bonds shall be subrogated and entitled to all priorities, rights, and pledges to which the bonds refunded thereby were entitled. Notwithstanding the foregoing, the principal amount of bonds that the authority may at any time issue for refunding purposes shall not exceed the sum of the following:

(1) The outstanding principal or face amount of the bonds refunded thereby.

(2) The unpaid interest accrued or to accrue thereon to their respective maturities or, in the event the bonds to be refunded, or any part thereof, are to be retired prior to their respective maturities, the interest accrued or to accrue thereon to the date or dates on which they are to be retired.

(3) Any premium or other sum necessary to be paid in order to redeem or retire the bonds to be refunded, but only if the bonds are in fact to be redeemed or retired prior to their respective maturities.

(4) The expenses estimated to be incurred in connection with the refunding. The authority may also sell and issue its bonds at any time for the combined purpose of refunding any of its bonds and of obtaining funds for any other purposes for which it is authorized by this article to sell and issue bonds, in which event the provisions of this article relating to refunding bonds shall apply only to those bonds issued for refunding purposes.

(b) The principal proceeds derived by the authority from the sale of any refunding bonds shall be used only for the payment of the principal, interest, and premium, if any, on the bonds being refunded and for payment of the expenses referred to in the preceding subdivision (4) of subsection (a) of this section. Notwithstanding the foregoing, if in the judgment of the board the action is necessary or desirable to effect an advantageous refunding, a portion of the proceeds may be used for payment of principal of and interest on the refunding bonds themselves and the remainder of the proceeds for payment of the bonds being refunded and for the aforementioned expenses.

(c) The refunding may be effected either by sale of refunding bonds and the application of the proceeds thereof as provided in subsection (b) of this section, or by exchange of the refunding bonds for the bonds to be refunded thereby, or by any combination thereof. Notwithstanding the foregoing, the holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds 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 article 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 and to bonds issued by the authority for both refunding and other purposes.
Ala. Code § 11-44-78 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-78
Section 11-44-78 Commissioners - Filling of Two or More Simultaneous Vacancies
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-50B-3 — Alabama Code / Title 2 / Chapter 50B / Section 11-50B-3
Section 11-50B-3 Permitted Activities by Public Providers; Lease of Equipment by Municipal Governing Bodies
Status: in_force

In addition to all other power, rights, and authority heretofore granted by law, public providers may acquire, establish, purchase, construct, maintain, enlarge, extend, lease, improve, and operate cable systems, telecommunications equipment and telecommunications systems, and furnish cable service, interactive computer service, Internet access, other Internet services, and advanced telecommunications service, or any combination thereof, in the case of a public provider that is a municipality, to the inhabitants of the municipality and police jurisdiction, the area within the territorial jurisdiction of the municipal planning commission determined in accordance with the provisions of Section 11-52-30, as amended, and any area in which the municipality furnishes or sells any utility, such as electricity, gas, water, or sewer, and in the case of a public provider that is a municipal instrumentality, to the inhabitants of the municipality in which the municipal instrumentality was organized and the police jurisdiction of this municipality, the area within the territorial jurisdiction of the municipal planning commission of this municipality determined in accordance with the provisions of Section 11-52-30, as amended, and any area in which the municipal instrumentality furnishes or sells any utility, such as electricity, gas, water, or sewer. Nothing contained herein shall authorize any public provider to provide telecommunications service other than advanced telecommunications service. Notwithstanding any other provision of this chapter, however, public providers may, in the case of a public provider that is a municipality, to the inhabitants of the municipality and police jurisdiction, the area within the territorial jurisdiction of the municipal planning commission determined in accordance with the provisions of Section 11-52-30, as amended, and any area in which the municipality furnishes or sells any utility, such as electricity, gas, water, or sewer, and in the case of a public provider that is a municipal instrumentality, to the inhabitants of the municipality in which the municipal instrumentality was organized and the police jurisdiction of this municipality, the area within the territorial jurisdiction of the municipal planning commission of this municipality determined in accordance with the provisions of Section 11-52-30, as amended, and any area in which the municipal instrumentality furnishes or sells any utility, such as electricity, gas, water, or sewer, furnish to the public directly, Internet access, other Internet services, meter reading services, appliance, equipment, or facilities monitoring, alarm monitoring service and other security monitoring, surveillance or monitoring services, and billing and financial services. Any public provider which engages in the installation of alarm systems and any individuals who are employed by the public provider and who engage in the installation of alarm systems for customers of the public provider must comply with the rules and regulations of the Alabama Electronic Security Board of Licensure created pursuant to the provisions of Section 34-1A-2, as amended, to the same extent as a private installer of alarm systems for so long as the same may apply to private installers of alarm systems. In addition, the governing body of any municipality, by ordinance to be entered on its minutes, and any other public provider, by appropriate action of its governing body to be entered on its minutes, also may lease to others any of its cable system and telecommunications equipment not needed for public or municipal purposes and may couple the lease with the provision of cable service, interactive computer service, Internet access, other Internet services, and telecommunications service, or any combination thereof. A lease made, in the case of a municipality, by the mayor in accordance with the ordinance, or in the case of a municipal instrumentality, by the duly authorized officer, officers, or agents of the municipal instrumentality, shall be binding for the term specified in the lease, not to exceed a period of 25 years. Any public provider that acquires a cable system, telecommunications equipment, or telecommunications system for purposes of furnishing to others cable service, interactive computer service, Internet access, other Internet services, and telecommunications service, or any combination thereof, shall provide, to any requesting telecommunications carrier or any electric cooperative exercising any power enumerated in Article 2 of Chapter 6, Title 37, as amended, or an affiliate of an electric cooperative, for the provision of a telecommunications service, nondiscriminatory access to any of the public provider’s telecommunications equipment not needed for public or municipal purposes or used by the public provider in the provision of telecommunications service to others on an unbundled basis at any technically feasible point on rates, terms, and conditions that are just, reasonable, and nondiscriminatory. A public provider shall make available any of its telecommunications equipment not needed for public or municipal purposes or used by the public provider in the provision of telecommunications service to others on an unbundled basis to requesting telecommunications carriers and electric cooperatives exercising any power enumerated in Article 2 of Chapter 6, Title 37, as amended, or an affiliate of an electric cooperative, upon terms and conditions that are just, reasonable, and nondiscriminatory, provided the electric cooperative or affiliate of an electric cooperative makes available any of its telecommunications equipment not needed for its purposes to the public provider upon terms and conditions that are just, reasonable, and nondiscriminatory. Notwithstanding any other provision of this chapter, every public provider may acquire, establish, purchase, construct, maintain, enlarge, extend, lease, improve, and operate cable systems, telecommunications equipment, and telecommunications systems, and may furnish cable service, interactive computer service, Internet access, other Internet services, and telecommunications service, or any combination thereof, for the use of the public provider, and in the case of a public provider that is a municipality, any department or agency of the municipality, any public corporation, board, or authority that is an agency, department, or instrumentality of the municipality, and any public school located within the corporate limits or police jurisdiction of the municipality; and in the case of a public provider that is a municipal instrumentality, any department or agency of the municipality in which the municipal instrumentality was organized, and any public school located within the corporate limits or police jurisdiction of the municipality in which the municipal instrumentality was organized. Nothing contained in this chapter shall affect the authority of the state or local governmental agencies to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way.
Ala. Code § 2-21-18 — Alabama Code / Title 2 / Chapter 21 / Section 2-21-18
Section 2-21-18 Enforcing Official
Status: in_force

This chapter shall be administered by the Commissioner of Agriculture and Industries of the State of Alabama, hereinafter referred to as the “commissioner.”
Ala. Code § 22-52-1.1 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-1.1
Section 22-52-1.1 Definitions; Legislative Findings
Status: in_force

(a) When used in this article, the following terms have the following meanings, unless the context clearly indicates otherwise:

(1) COMMISSIONER. The Commissioner of the Alabama State Department of Mental Health.

(2) CO-OCCURRING SUBSTANCE USE DISORDER. A substance use disorder that occurs secondarily to a primary diagnosis of one or more mental illnesses.

(3) DEPARTMENT. The Alabama State Department of Mental Health.

(4) DESIGNATED MENTAL HEALTH FACILITY. A mental health facility, other than a state mental health facility, which is designated by the department to receive individuals for evaluation, examination, admission, detention, or treatment pursuant to this article.

(5) INPATIENT TREATMENT. Treatment being provided to an individual at a state mental health facility or a designated mental health facility which has been specifically designated by the department for inpatient treatment.

(6) INVOLUNTARY COMMITMENT. Court-ordered mental health services in either an outpatient or inpatient setting.

(7) MENTAL ILLNESS. A psychiatric disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, or a diagnosis designated as a serious mental illness (SMI), as defined in the then current edition of the Diagnostic and Statistical Manual of Mental Disorders. The term specifically excludes the primary diagnosis of epilepsy, a substance use disorder, an intellectual disability, alcoholism, or a developmental disability.

(8) OUTPATIENT TREATMENT. Treatment being provided to an individual in a nonresidential setting who is not admitted for 24-hour-a-day care.

(9) REAL AND PRESENT THREAT OF SUBSTANTIAL HARM TO SELF OR OTHERS. A significant risk that an individual who is exhibiting behavior consistent with a mental illness, as a result of the mental illness, will do either of the following:

a. By action or inaction, cause, allow, or inflict serious bodily harm upon himself, herself, or another individual.

b. Be unable to satisfy his or her need for nourishment, medical care, shelter, or self-protection so that there is a substantial likelihood of death, serious bodily harm, serious physical debilitation, serious mental debilitation, or life-threatening disease.

(10) RESPONDENT. An individual for whom a petition for commitment to mental health services has been filed.

(11) STATE MENTAL HEALTH FACILITY. A mental health facility operated by the department.

(12) SUBSTANCE USE DISORDER. A cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using a substance despite significant substance-related problems, such as impaired control, social impairment, risky behaviors, and pharmacological tolerance and withdrawal.

(b) The Legislature finds for purposes of this article substance use disorder is commonly associated with mental illness and providers who provide these services serve a public purpose.
Ala. Code § 11-44-51 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-51
Section 11-44-51 Maintenance of Record Books by Probate Judges and Compensation Therefor
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-49A-15 — Alabama Code / Title 2 / Chapter 49A / Section 11-49A-15
Section 11-49A-15 Exemption from Taxes, Fees, and Costs
Status: in_force

The property and income of the authority, all bonds issued by the authority, the income from such bonds, conveyances by or to the authority, and leases, mortgages, and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. The authority shall be exempt from all taxes levied by any county, municipality, or other political subdivision of the state, including, but without limitation to, license and excise taxes imposed in respect of the privilege of engaging in any of the activities that an authority may engage in. The authority shall not be obligated to pay or allow any fees, taxes, or costs to the judge of probate of any county in respect of its incorporation, the amendment of its certificate of incorporation, or the recording of any document.
Ala. Code § 2-11-51 — Alabama Code / Title 2 / Chapter 11 / Section 2-11-51
Section 2-11-51 Commissioner Authorized to Make Rules and Regulations
Status: in_force

The Commissioner of Agriculture and Industries, with the approval of the Board of Agriculture and Industries, may prescribe rules and regulations for carrying out the purposes of this article, including the fixing of fees which shall be reasonable and as nearly as may be to cover the cost of the service rendered.
Ala. Code § 11-66A-10 — Alabama Code / Title 2 / Chapter 66A / Section 11-66A-10
Section 11-66A-10 Special Authority of Public Persons to Support Corridors
Status: in_force

(a) In furtherance of the public purposes of this chapter, the state, and any public entity, upon such terms and with or without consideration as it may determine and in compliance with the state constitution and public notice requirements, may undertake any of the following for the benefit of any corridor project, without regard to whether any public entity may be an authorizing subdivision with respect to the corridor or may have a project located or undertaken within the jurisdiction thereof:

(1) Donate, grant, loan, or pledge to, or for the benefit of, any corridor any funds, revenues, or tax proceeds of the public entity;

(2) Perform services for the benefit of any corridor;

(3) Pay, commit to pay, or guarantee, on a continuing basis by contractual agreement, the payment when due of all or any part of the principal of, and premium and interest on, any financial obligation of a research and development corridor for such period, including the period ending on the stated maturity of the financial obligation, as the public entity may determine;

(4) Donate, sell, convey, transfer, lease, or grant any property to any corridor without the necessity of authorization at any election of qualified voters of the public entity; and

(5) Do any and all things, whether or not specifically authorized in this chapter, not otherwise prohibited by law, that are necessary or desirable to aid and cooperate with any corridor with respect to any project or in furtherance of the public purposes of this chapter.

(b) The state and each public entity, upon such terms and conditions and with or without consideration as it may determine and in compliance with the state constitution and public notice requirements, may assume, incur, or issue, by private or public sale in compliance with applicable state law and the state constitution, any financial obligation as a general, limited, or special obligation thereof, to provide funds for any purpose of this section.

(c) The state and each public entity shall cause each contractual agreement or instrument delivered for any purpose in subsection (a) to provide for, or set forth, in the agreement or instrument: (i) the purpose of the agreement; and (ii) the authorization and direction of a specific officer or officers, by title or office, of the public entity to pay any pecuniary obligation of the public entity in lawful currency of the United States and in liquidated amounts when due on a date or dates certain, which amounts and dates of payment may be set forth in the agreement or instrument, or schedule thereto, or incorporated therein by specific reference.

(d) With specific regard to the state, the Governor or his or her designee may enter into any contractual agreement or instrument, exercising the state’s authority hereunder.

(e) Any court in the state having competent jurisdiction shall issue mandamus for the payment of any pecuniary obligation of the state or a public entity in a contractual agreement or instrument delivered pursuant to this section upon proper proof of nonpayment thereof, or failure of compliance with the provisions of law with respect thereto, being furnished by, or on behalf of, the corridor or any beneficiary of the pecuniary obligation of the state or the public entity under the contractual agreement or instrument.
Ala. Code § 2-21-27 — Alabama Code / Title 2 / Chapter 21 / Section 2-21-27
Section 2-21-27 Stop Sale Orders, Seizure and Condemnation
Status: in_force

When the commissioner or his duly authorized agent has reasonable cause to believe that any lot or other quantity of commercial feed is being distributed, sold or offered for sale or kept for sale in violation of any of the requirements of this chapter or rules or regulations adopted under this chapter, he may issue and enforce a written or printed “stop sale” or “suspension from sale” order warning the distributor not to dispose of the lots of commercial feed in the manner as provided by Section 2-2-30. Any lot or other quantity of commercial feed not in compliance with this chapter or rules and regulations adopted thereunder shall also be subject to seizure and condemnation on complaint of the commissioner filed in the circuit court in accordance with the procedure and requirements of Sections 2-2-31 and 2-2-32.
Ala. Code § 2-19-82 — Alabama Code / Title 2 / Chapter 19 / Section 2-19-82
Section 2-19-82 Cotton to Be Classed on Request of Storer
Status: in_force

All warehousemen shall obtain the grade and length of staple from the United States Department of Agriculture for the storer of any bale of cotton who makes a written request for the grade and staple and shall stamp the same on the warehouse receipt of the cotton stored. The said storer shall bear the actual cost of the classing or of the classing and stapling of the cotton stored.
Ala. Code § 22-52-54 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-54
Section 22-52-54 Reception on Court Order
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 2-6-26 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-26
Section 2-6-26 Conveyance of Coliseum and Lands of Agricultural Center to Corporation by State
Status: reserved

Repealed by Act 2011-575, p. 1231, §30, effective June 9, 2011.
Ala. Code § 11-48-14 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-14
Section 11-48-14 Assessment of Costs of Improvements Against Property Abutting or Benefited by Improvements Authorized Generally
Status: in_force

(a) If any such improvement is finally ordered and constructed, the council shall have power and authority, after the completion and acceptance thereof, to assess the cost of constructing said improvements or any part thereof upon or against the property abutting on any street, avenue, alley, highway, or other public place so opened, widened, improved, lighted, served, or drained or against the property drained, protected or benefited by such improvement to the extent of the increased value of such property by reason of the special benefits derived from such improvements.

(b) If the construction or reconstruction of a system or systems of drainage of swamps or inundated or overflowed lands within the limits of any municipality having a population of 60,000 or more inhabitants according to the most recent federal census, is finally ordered and constructed, the council of said city shall have power and authority, after the completion and acceptance thereof, to assess the cost thereof or any part of the cost thereof upon and against the property elevated, filled, reclaimed, drained, or benefited by such improvement to the extent of the increased value of such property by reason of the special benefits derived from such improvements.
Ala. Code § 22-56-10 — Alabama Code / Title 2 / Chapter 56 / Section 22-56-10
Section 22-56-10 No Reduction or Expansion of Rights Beyond Rights Guaranteed Other Persons
Status: in_force

Provided that nothing in this chapter shall reduce or expand the rights of mental health consumers in Alabama beyond the rights guaranteed to any other person under the statutes or Constitution of the United States and Alabama statutes or Constitution of Alabama of 1901.
Ala. Code § 11-44-161 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-161
Section 11-44-161 Continuation in Office of Officials and Employees; Offices of Commissioners, President of Board of Commissioners, Etc., Abolished
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-13-81 — Alabama Code / Title 2 / Chapter 13 / Section 2-13-81
Section 2-13-81 Cooperation Among State Agencies
Status: in_force

There shall be the fullest cooperation, including the making available of information, between the state Department of Agriculture and Industries, the State Board of Health and the Alabama Dairy Commission in the making of surveys, investigations and inquiries for the purpose of determining whether or in what manner the production, processing and distribution of milk, cream and milk products may affect the public health. Whenever the findings in the report of any survey, investigation or inquiry made by the state Department of Agriculture and Industries, the State Board of Health or the Alabama Dairy Commission show any hazard to public health existing incident to the production, processing or distribution of milk, cream or milk products, the State Board of Health shall take such action as may be necessary to remove such hazard. The Commissioner of Agriculture and Industries may also take such action as may be necessary to remove such hazard under authority provided in Sections 2-13-84 and 2-13-92. Nothing contained in this article shall limit the authority of the State Board of Health to take immediate action when it appears necessary in the interest of public health. Nothing contained in this article shall be construed to limit or affect the authority and jurisdiction conferred on the Alabama Dairy Commission under any provisions of Article 2 of this chapter and any amendments thereto.
Ala. Code § 2-8-363 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-363
Section 2-8-363 Certified Association - Audit
Status: in_force

A certified association receiving and disbursing funds, following the close of its fiscal year every two years, shall cause an audit of its books and accounts for the two-year period to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditures, and other related information, and a copy of the auditor’s report shall be forwarded to the board for inspection and review. The Department of Examiners of Public Accounts may audit, review, and investigate the receipts and disbursements of the funds in the same manner that those duties are performed for the examination and audits of agencies and departments of the state. Any examination or audit required by this section shall be open to public inspection. Within 90 days following the close of a certified association fiscal year, if it has received any funds from assessments levied and collected pursuant to this article, the association shall forward a copy of a financial statement to the state board showing the amount received and collected and the amount spent for each project and item. The statement shall be available for public inspection.
Ala. Code § 11-47-41 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-41
Section 11-47-41 Contracts for Municipal Care and Maintenance of Burial Grounds, Cemeteries, and Graves - Authorized
Status: in_force

Any incorporated city or town having within its corporate limits an ancient family cemetery or burial ground or owning a cemetery or burial ground may make and enter into a contract with any interested party or parties obligating and binding the city or town to forever protect, maintain, and properly care for such cemetery or burial ground or for graves of individuals in the cemeteries or burial grounds owned by such city or town, upon terms and conditions as may be agreed upon and for such compensation as it may see fit to accept.
Ala. Code § 2-8-3 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-3
Section 2-8-3 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 cattle owners be permitted by referendum as provided in this article 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 cattle and beef products.
Ala. Code § 11-43D-12 — Alabama Code / Title 2 / Chapter 43D / Section 11-43D-12
Section 11-43D-12 Continuance of Laws Relating to Pensions, Retirement, and Relief Funds
Status: in_force

All laws and parts of laws relating to pension, retirement, and relief funds for any employees of the municipality, as the same may apply and be in effect with respect to the municipality at the time when it shall elect to be governed by the provisions of this chapter, shall continue in full force and effect, and without interruption or change as to any rights which have been acquired thereunder.
Ala. Code § 2-15-151 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-151
Section 2-15-151 When Suppression or Eradication of Infectious, Contagious or Communicable Disease to Be Commenced Within County, Etc.; Appropriation of Funds for Same by County Commission
Status: in_force

The work of suppression or eradication of any infectious, contagious or communicable disease of livestock shall be taken up under the provisions of this article in any county or any part of a county or any part of the State of Alabama when the State Board of Agriculture and Industries deems it best. The county commission of any county in which the state or federal authorities take up the work of the suppression of any infectious, contagious or communicable disease of livestock may appropriate for aiding in such work such sums as the county commission or the State Veterinarian may deem adequate and necessary.
Ala. Code § 11-49A-4 — Alabama Code / Title 2 / Chapter 49A / Section 11-49A-4
Section 11-49A-4 Application; Resolution of Denial or Approval by Governing Body
Status: in_force

A public corporation may be organized pursuant to the provisions of this chapter in any Class 3 municipality. In order to incorporate such a public corporation, any number of natural persons, not less than three, shall first file a written application with the governing body of the municipality which application shall:

(1) Contain a statement that the authority proposes to render public transportation service in such county;

(2) State the proposed location of the principal office of the authority, which shall be within the municipality where such application is filed;

(3) State that each of the applicants is a duly qualified elector of the municipality where such application is filed; and

(4) Request that such governing body adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with the provisions of Section 11-49A-5.

Such applications shall be accompanied by such supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the application with them in accordance with the provisions of this section, the governing body of the municipality with which the application was filed shall review the contents of the application and shall adopt resolutions either (a) denying the application or (b) declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with the provisions of Section 11-49A-5, provided, however, that the contents of the certificate of incorporation shall be approved by the municipal governing body. Each governing body with which an application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting of such governing body at which final action upon said application is taken.
Ala. Code § 2-3A-56 — Alabama Code / Title 2 / Chapter 3A / Section 2-3A-56
Section 2-3A-56 Exemption from Taxation
Status: in_force

All bonds (including refunding bonds) issued pursuant hereto, and the income therefrom (including the interest income thereon) shall be free from all taxation by the state or any county, municipality, or other political subdivision or instrumentality of the state, excepting inheritance, estate, and gift taxes.
Ala. Code § 2-8-7 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-7
Section 2-8-7 Notice of Referendum
Status: in_force

When a referendum has been authorized as provided in Section 2-8-6, the certified association shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the area covered by the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected and the general purposes for which said amount so collected shall be expended and applied. Such notice shall be published by the certified association through the medium of its trade publication, and written notice thereof shall be given to each county agent in the area covered by the referendum.
Ala. Code § 11-50-100 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-100
Section 11-50-100 Payment and Redemption of Bonds Generally
Status: in_force

The bonds issued under this division shall be payable in from 10 years to 15 years from their date as determined by the council, but any bond or bonds so issued and sold shall, at the option of the city or town, be payable at any interest period.

In the event the city or town should elect to pay off any such bond or bonds before maturity, it shall pay as a bonus to the holder thereof a sum equal to one-fourth the annual interest thereon, and the city or town shall give public notice of its intention to redeem said bond or bonds, describing the same by number and series, by publication once a week for three successive weeks in a newspaper published in said city or town or of general circulation therein; and, if said bonds are registered, such notice shall also be sent by registered or certified mail to the address of the registered owner thereof where such address is shown on the book of registration.
Ala. Code § 11-43C-54 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-54
Section 11-43C-54 Budget Estimates for Public Utilities; Presentation of Budget to Council
Status: in_force

Separate budget estimates for any public utility owned and operated by the city shall be submitted to the director of finance at the same time as the budget estimates of other departments and in the form prescribed by the director of finance. The mayor shall present to the council the budget for the utility operation, itemizing the receipts and expenditures in manner and form as is generally provided for in the general fund budget.
Ala. Code § 22-52-10.1 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-10.1
Section 22-52-10.1 Order for Involuntary Commitment Entered by Judge of Probate; Reporting Requirements
Status: in_force

(a) If at the final hearing on a petition seeking to involuntarily commit a respondent, the judge of probate finds, based on clear and convincing evidence, that the respondent meets the criteria for involuntary commitment, an order shall be entered for either of the following:

(1) Outpatient treatment.

(2) Inpatient treatment.

(b) The least restrictive alternative necessary and available for the treatment of the respondent’s mental illness or mental illness with a secondary diagnosis of co-occurring substance use disorder shall be ordered.

(c) The petition for involuntary commitment shall be dismissed if the criteria for commitment is not proved.

(d)(1) The judge of probate shall immediately report an order for involuntary commitment to the Alabama State Law Enforcement Agency, in a manner prescribed by the Alabama Justice Information Commission, for entry into the state firearms prohibited person database and the National Instant Criminal Background Check (NICS) system.

(2) The judge of probate shall report to the Alabama State Law Enforcement Agency, in a method determined by the commission, updates to any order for involuntary commitment that was previously forwarded to the Alabama State Law Enforcement Agency under this section, including notice of any reversal of petition or appeal.
Ala. Code § 2-8-318 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-318
Section 2-8-318 Assessment Moneys Collected - Generally
Status: in_force

The commissioner shall remit to the treasurer of the certified association, on a quarterly basis between the first and fifteenth day of January, April, July, and October of each year, all assessment moneys collected by the commissioner, less an amount not to exceed two percent of the total amount collected, which amount shall be deposited into the Agricultural Fund of the State Treasury. The assessment moneys remitted to the treasurer of the certified association shall be used and expended by the association for a promotional program in the manner provided by this article and the rules and regulations of the association.
Ala. Code § 2-15-257 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-257
Section 2-15-257 Appropriation
Status: in_force

There is hereby appropriated during each fiscal year such parts of funds made available by the Legislature for this purpose in the general appropriations act as is necessary for carrying out the provisions of this subdivision; provided, however, that the State Board of Agriculture and Industries is hereby authorized to determine the amount of such appropriation that may be expended for the purchase and distribution of anti-hog cholera serum and other immunizing agents and the amount to be expended by the Department of Agriculture and Industries for swine disease control work pursuant to a swine disease control program adopted by said board, and such amounts so designated under this section are hereby appropriated for such use to defray all expenses incident thereto including salaries, equipment, purchases and other expenses; provided further, that the amount designated by the State Board of Agriculture and Industries for swine disease control work shall be used by the Department of Agriculture and Industries for control and eradication of contagious and infectious diseases of swine and for no other purposes whatsoever, and such disease control work shall be carried out pursuant to a swine disease control program adopted by the State Board of Agriculture and Industries as authorized under Section 2-15-256.
Ala. Code § 11-50-85 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-85
Section 11-50-85 Fixing of Amount of Assessments by Council and Effect Thereof
Status: in_force

At such meeting or any adjourned meeting, the council shall proceed by order or resolution to fix the amount of the assessment against each lot or tract of land described and included in said assessment roll, and all such assessments from the date of such order or resolution shall be and constitute a lien on the respective lots or parcels of land upon which they are levied, superior to all other liens, except those of the state and county for taxes.
Ala. Code § 2-26-51 — Alabama Code / Title 2 / Chapter 26 / Section 2-26-51
Section 2-26-51 Use of Symbols by Persons, Associations, Etc., Other Than Associations Registering Same; Violations of Provisions of Article Deemed Misdemeanors
Status: in_force

(a) It shall be unlawful for any person, firm, association or corporation, other than the association which so registered such symbol or symbols, to use such symbol or symbols in any manner for identifying or certifying seeds or plant parts or for any person, firm, association or corporation to sell, offer for sale or otherwise market or distribute foundation seed for any specified crop, other than the association which registered the symbol or symbols of such foundation seed for such crop with the Commissioner of Agriculture and Industries.

(b) Any person, firm, association or corporation who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor.
Ala. Code § 2-12-2 — Alabama Code / Title 2 / Chapter 12 / Section 2-12-2
Section 2-12-2 Sale Requirements
Status: in_force

It shall be unlawful:

(1) For any dealer to offer for sale or sell any case of eggs or partial case of eggs without clearly imprinting thereon or securely attaching thereto a label on which there shall be plainly and legibly printed the name and the address of the packer of said eggs, the grade and weight class to which the eggs contained therein conform and the date on which the eggs were graded. The label and the printed matter required to appear thereon shall be of a size to be prescribed by regulations adopted by the State Board of Agriculture and Industries;

(2) For any dealer to offer for sale or sell eggs in any carton or other type of package without clearly designating thereon the name and address of the packer of said eggs or person responsible for such packing, the grade and weight class to which the eggs contained therein conform and the date on which the eggs were graded. Grade and weight class designations required on cartons or other packages shall be in letters of a size to be prescribed by regulations adopted by the State Board of Agriculture and Industries, and said board is also authorized to provide or establish by regulations an alternate or optional method under which the date on which the eggs were graded as required to be shown on any case, carton or other container of eggs under subsection (a) of this section and this subsection may be shown or designated thereon by a code number system, abbreviations, an expiration date or in any other manner approved by the board whereby the date on which the eggs are graded can be ascertained therefrom by the Commissioner of Agriculture and Industries, his agents or employees;

(3) For any dealer to offer for sale or sell eggs in bulk (not in cases, cartons, packages or other containers) from any open case, box, basket, crate or other receptacle holding such eggs in bulk without displaying conspicuously on every such receptacle a placard or heavy cardboard not smaller than seven inches by seven inches in size on which there shall be legibly and plainly printed the grade and weight class to which the eggs contained therein conform in letters not smaller than one inch in height;

(4) For any dealer or other person to offer eggs for sale by means of any newspaper advertisement, circular, window displays, radio, television or other form of advertising when the price of eggs offered for sale is designated without plainly designating in such advertisements the grade and weight class to which the eggs so advertised and offered for sale conform;

(5) For any dealer or other person to use the term “Alabama” in connection with the advertisement and sale of eggs not produced in this state;

(6) For any dealer or other person to use the word or words “fresh,” “strictly fresh,” “hennery eggs,” “country,” “locally produced,” “day-old,” “select,” “guaranteed,” “certified” or any other similar descriptive terms in connection with the advertising or sale of any eggs, unless such eggs meet the standard minimum requirements for consumer grade A eggs or consumer grade AA eggs as such grades are prescribed under the provisions of this chapter;

(7) For any dealer or other person to sell or offer for sale eggs not fit for human food as such eggs are defined under grades and standards established by the State Board of Agriculture and Industries under the provisions of this chapter;

(8) For any dealer to sell or offer for sale eggs unless the grade and weight class designation stated on the label, placard, sign or advertisement correctly states the grade and weight class to which the eggs conform;

(9) For any dealer to sell or offer for sale eggs unless such dealer has a permit as required under Section 2-12-4; or

(10) For any dealer to sell or offer for sale eggs in violation of any rule or regulation adopted and promulgated under the provisions of this chapter.
Ala. Code § 2-8-350 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-350
Section 2-8-350 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings:

(1) BOARD. The State Board of Agriculture and Industries.

(2) COMMISSIONER. The Commissioner of Agriculture and Industries.

(3) DEPARTMENT. The Department of Agriculture and Industries.
Ala. Code § 2-12-12 — Alabama Code / Title 2 / Chapter 12 / Section 2-12-12
Section 2-12-12 Injunction
Status: in_force

In addition to the penalty provided in this article the Commissioner of Agriculture and Industries may apply by petition to a circuit court, and such court or the judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining order or permanent injunction or both restraining any person from violating or continuing to violate any of the provisions of this article or from failing or refusing to comply with the provisions of this article or any rules or regulations duly promulgated under the provisions of this article. Such a temporary restraining order or permanent injunction shall be issued without bond.
Ala. Code § 11-50-303 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-303
Section 11-50-303 Compensation; Ethics Requirements; Rate Increases; Open Meetings
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2025-297, EFFECTIVE MAY 7, 2025.
Ala. Code § 11-43-2 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-2
Section 11-43-2 Election of Mayors and Aldermen; Exercise of Legislative Functions; Salary of Aldermen. (Amended by Act 2026-594)
Status: in_force

AMENDED BY ACT 2026-594, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Except as provided in subsection (c), in all cities and towns at the general election to be held at the time provided by law, and quadrennially thereafter, there shall be elected a mayor, who, in cities having a population of 12,000 or more according to the last or any subsequent federal census, shall not sit with the council nor have a vote in its proceedings, and he or she shall have the power and duties conferred in this chapter.

(b) In all cities and towns having a population of less than 12,000 inhabitants according to the last or any subsequent federal census, the legislative functions shall be exercised by the mayor and five aldermen. The mayor shall preside over all deliberations of the council. At his or her discretion he or she may vote as a member of the council on any question coming to a vote, except in case of a tie, in which event he or she must vote.

(c)(1) Notwithstanding subsection (a), cities and towns having a population of 12,000 or more inhabitants, but less than 25,000 inhabitants, according to the most recent federal decennial census, by ordinance adopted by a majority vote of the council at least six months prior to the next general municipal election, may elect to operate pursuant to subsection (b) as it relates to the exercise of the legislative functions of the mayor until the population of the city or town is 25,000 inhabitants or more according to the most recent federal decennial census.

(2) Any city or town having a population of 12,000 or more inhabitants, but less than 25,000 inhabitants according to the most recent federal decennial census, which has elected to operate under subsection (b) by ordinance adopted by a majority vote of the council at least six months prior to the next general election, may elect to operate under subsection (a).

(d) The aldermen in the cities or towns shall be elected by the city or town at large at the general election held at the time provided by law, and quadrennially thereafter, or from wards as the councils may determine, not less than six months before an election, and shall receive such salary as the council may prescribe, which must be fixed by the council not less than six months prior to each general municipal election.

(e) The six-month requirement in this section may be waived when necessary to comply with a mandate by the U.S. Justice Department pursuant to the Voting Rights Act of 1965, as amended, or with an order issued by a state or federal court.
Ala. Code § 2-5A-4 — Alabama Code / Title 2 / Chapter 5A / Section 2-5A-4
Section 2-5A-4 Regulation of Market Location; No Right of Eminent Domain
Status: in_force

Any farmers’ market, as to its location in any municipality, shall be subject to any necessary or fair municipal zoning ordinances or fire or health regulations. This article shall not be construed as conferring the right of eminent domain upon the Department of Agriculture and Industries.
Ala. Code § 2-13-114 — Alabama Code / Title 2 / Chapter 13 / Section 2-13-114
Section 2-13-114 Referendum on Assessment of Milk Producers and Handlers
Status: in_force

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers and handlers of milk and dairy products shall be permitted by referendum to be held among producers in the state and subject to the provisions of this article, to levy upon themselves an assessment on such milk produced in the state, for the purpose of financing or contributing towards the financing of a program of promotion and nutrition education designed to strengthen the dairy industry’s position in the marketplace and to maintain and expand domestic and foreign markets and use for fluid milk and dairy products produced in the state and the United States. It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that the state ADA conduct the referendum in coordination with the Alabama Farmers Dairy Division in accordance with the provisions of this article and the Federal Dairy Promotion Program codified in 7 U.S.C. §4501 et seq.
Ala. Code § 11-43A-76 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-76
Section 11-43A-76 Composition of Council; Municipal Elections
Status: in_force

The council shall consist of seven council members who shall be elected by single-member districts. There shall be one mayor, and he shall be elected at large. An election for mayor and members of the council shall be held at the next regularly scheduled municipal election after the adoption of this article, and the officials elected shall take office upon the expiration of the present officials’ terms of office. Regular municipal elections shall be held quadrennially thereafter under the same rules and regulations and in the same manner as provided by law. The expense of such election shall be paid by the municipality and shall be governed by the applicable general municipal election laws.
Ala. Code § 11-49-103 — Alabama Code / Title 2 / Chapter 49 / Section 11-49-103
Section 11-49-103 Adoption of Ordinance for Vacation of Street and Erection of Public Building, Etc., Thereon - Two-Thirds Vote of Council, Etc., Required
Status: in_force

Any ordinance for the vacation of a part of a street and erection of buildings thereon as is provided for in Section 11-49-100 shall be adopted only by a two-thirds vote of the council or other governing body.
Ala. Code § 11-43-42 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-42
Section 11-43-42 Exercise of Functions of Mayor During Absence or Disability of Mayor; Filling of Vacancies in Offices of Mayor, President, and President Pro Tempore of Council
Status: in_force

(a) In case of the absence of the mayor from a city of 12,000 or more inhabitants or his inability to serve on account of sickness or any other good reason, the president of the council or the president pro tempore of the council in case of absence or disability of the president of the council shall act as mayor pro tempore with the power and authority of the mayor during such time. In the event of a failure or refusal of the president of the council or the president pro tempore of the council to act, the council may appoint one of its members to act as mayor pro tempore with like effect, which appointment shall be entered in the minutes of the council.

In the event of a vacancy from any cause in the office of mayor, the president of the council shall succeed to the office of mayor for the unexpired term. In the event of a vacancy in the office of the president of the council, the president pro tempore shall, in like manner, be president of the council for the unexpired term. In the event of a vacancy in the office of the president pro tempore, the office shall be filled from the membership of the council.

(b) In cities of less than 12,000 inhabitants and in towns, in case of the absence or disability of the mayor, the functions of the office shall be exercised by the chairman pro tempore of the council and, during his absence or disability, by such person as the council may appoint from its membership, which appointment must be entered upon the minutes of the council.

In the event of a vacancy from any cause in the office of mayor, the council shall fill the vacancy either from its own membership or from without the membership of the council. The person elected by the council to fill the vacancy in the office of mayor shall be a qualified elector in the municipality and must meet all other legal qualifications required by law for the performance of the duties of the office to which elected.

(c) In cities having a population of 12,000 or more which have, by ordinance or resolution, adopted by two thirds vote of the city council more than six months prior to any general municipal election, provided that the city council shall consist of five aldermen to be elected from the city at large, there shall be elected by the council and from its members a president of the council and a president pro tempore of the council, which appointments must be entered upon the minutes of the council. In such cities, in case of the absence or disability of the mayor, the functions of the office shall be exercised by the president of the council and, during his absence or disability, by the president pro tempore of the council.

In the event of a vacancy for any cause in the office of mayor, the president of the council shall succeed to the office of mayor for the unexpired term. In the event of a vacancy for any cause in the office of president of the council, the president pro tempore shall, in like manner, be president of the council for the unexpired term.

(d) The provisions of this section shall not apply to cities operating under commission form of government.
Ala. Code § 11-54A-11 — Alabama Code / Title 2 / Chapter 54A / Section 11-54A-11
Section 11-54A-11 Proceeds from Sale of Bonds
Status: in_force

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized, including, but without limitation to, the use of bond proceeds to establish reserve funds as security for the payment of the principal of (and premium, if any) and interest on the bonds, and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to (1) the fiscal, engineering, legal and other expenses incurred in connection with the issuance of the bonds, and (2) except in the case of refunding bonds, interest to accrue on such bonds for a period ending not later than two years from their date.
Ala. Code § 11-44B-4.1 — Alabama Code / Title 2 / Chapter 44B / Section 11-44B-4.1
Section 11-44B-4.1 Elections - Mayor, City Council, and City of Tuscaloosa Board of Education
Status: in_force

(a) This section shall only apply in a Class 4 municipality organized pursuant to this chapter.

(b) Notwithstanding any other provision of law, in any Class 4 municipality organized pursuant to this chapter, the election for the mayor, members of the city council, and members of the city board of education of the Class 4 municipality shall be held on the first Tuesday in March and every four years thereafter.
Ala. Code § 11-65-16 — Alabama Code / Title 2 / Chapter 65 / Section 11-65-16
Section 11-65-16 Review of Application for Horse Racing Facility License
Status: in_force

(a) A commission shall promptly consider any application for the issuance or transfer of a horse racing facility license submitted to it and shall grant or deny the issuance or transfer of such license based on all information before it, including the results of investigations it deems appropriate. A commission shall deny the issuance of an original horse racing facility license to any applicant unless it finds that the applicant’s facility will meet the following minimum standards:

(1) That the facilities will provide a track racing surface of at least one mile;

(2) That the facility will be appropriate for the conduct of horse racing year-round and at night; and

(3) That the facility will be located within the boundaries of the commission municipal jurisdiction or will be located on land in the host county and annexed to the sponsoring municipality prior to the commencement of racing.

(b) A commission shall deny the issuance or transfer of a horse racing facility license to any applicant unless it finds that more than 50 percent of both the ownership interest and the voting interest in the applicant (and the applicant’s general partner in the event the applicant is a limited partnership) is owned, directly or indirectly, by persons who have a substantial presence in the state. For purposes of this subsection (b), a person shall be deemed to have a substantial presence in the state under any of the following circumstances:

(1) If a natural person, then such person has been domiciled in the state for at least 12 consecutive months prior to the date of the application for a license;

(2) If a corporation, then such corporation is incorporated under Title 10, or is incorporated under comparable laws of another state and is licensed or qualified to do business in the state and, in addition, satisfies one of the following alternative sets of conditions:

a. Such corporation has maintained its principal place of business, and has actively done business, in the state for at least 12 consecutive months prior to the date of application for a license, as evidenced either by the employment of at least 100 employees in the state or by the employment of $500,000.00 in assets held in the state during such period; or

b. More than 50 percent of both the ownership interest and the voting interest in such corporation is owned, directly or indirectly, by natural persons described in subdivision (b)(1), or by one or more corporations described in subdivision (b)(2)a, or by any combination of such natural persons and corporations;

(3) If a limited partnership, then such limited partnership is formed or registered under Title 10, and has maintained its principal place of business and at least 50 percent of its assets in the state for at least 12 consecutive months prior to the date of application for the license, and its general partner has maintained its principal place of business or residence in the state for at least 12 consecutive months prior to the date of such application;

(4) If a general partnership, then such partnership has maintained its principal place of business and at least 50 percent of its assets in the state for at least 12 consecutive months prior to the date of application for the license;

(5) If a financial institution, then such financial institution is a corporation or other legal entity doing business in the state as a bank, national banking association, state banking corporation, trust company, industrial or other loan company, building and loan association, or insurance company and has maintained its principal place of business in the state for at least 12 consecutive months prior to the date of application for the license;

(6) If a trust or custodianship, then at least 50 percent of the corpus of such trust or custodianship is situated in the state and the trustee or custodian of such property has a substantial presence in the state under any of the standards set forth in this subsection (b); or

(7) If an estate, then such estate is the estate of a person described in subdivision (b)(1), or at least 50 percent of the property of such estate consists of real estate located in the state or tangible personal property which has been located within the state for at least 12 consecutive months prior to the date of application for the license.

(c) The provisions of this section which permit a horse racing facility license to be granted only if more than 50 percent of both the ownership interest and the voting interest in the licensee is owned, directly or indirectly, by persons who have a substantial presence in the state shall not be construed (1) to impair the foreclosure rights of any mortgagee holding a mortgage on the racing facility of such licensee securing debt incurred to finance the costs of constructing or purchasing such racing facility or (2) to impair the rights of any mortgagee holding such a mortgage, or the rights of any other person to which such racing facility may be sold in foreclosure, to take and hold title to such racing facility, to lease or sell the same, and to apply for and receive a horse racing facility license therefor from the commission upon compliance with all other applicable provisions of this chapter, irrespective of whether the aforesaid condition of substantial presence in the state shall be satisfied by persons owning, directly or indirectly, more than 50 percent of both the ownership interest and the voting interest in such mortgagee or in any person to which such racing facility shall be sold, as the case may be.

(d) A commission shall deny the issuance or transfer of a horse racing facility license to an applicant if it finds that for any reason the issuance or transfer of such license to such applicant would not be in the interests of the people of the sponsoring municipality or that the applicant, or any officer, general partner or director of the applicant, (i) is a disqualified person, (ii) has knowingly made a false statement of a material fact in the application or has deliberately failed to disclose any information called for in the application, or (iii) is not qualified to do business in the state or is not subject to the jurisdiction of the courts of the state.
Ala. Code § 11-42-102 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-102
Section 11-42-102 Exemption from Taxation of Industrial or Manufacturing Plants
Status: in_force

The council of any city or town that alters and rearranges its boundary lines so as to absorb two or more cities or towns may exempt from taxation for a period not exceeding five years any industrial or manufacturing plant situated in the territory added to said city or town, but said terms of exemption shall not be renewed or extended.

The council of any city or town may also exempt from taxation for a period not to exceed 10 years any industrial or manufacturing plant that may be established in said city or town; provided, that said term of exemption shall not be renewed.
Ala. Code § 11-48-31 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-31
Section 11-48-31 Reduction or Abatement of Assessments on Property Owned by Government or Charitable Organizations in Municipalities Having Population of 20,000 or Less - Erroneous Assessments; Assessments in Excess of Benefits Derived, Etc
Status: in_force

The council of any city having a population of 20,000 or more according to such census shall have power to reduce or abate any assessments heretofore or hereafter made for public improvements in such city in cases where such assessments have been levied or attempted to be levied against property owned by the State of Alabama or by such city or by the county in which such city is located or by any church, hospital, or other charitable organization or in any case where the council after due inquiry has determined that the assessment on any particular property has been made erroneously or in excess of the benefit derived by such property or so great as to constitute an undue burden upon the property, having in view the value thereof, whether or not such assessment shall have been made final and the time to appeal therefrom expired.
Ala. Code § 2-13-84 — Alabama Code / Title 2 / Chapter 13 / Section 2-13-84
Section 2-13-84 Milk Transported into Alabama
Status: in_force

No milk shall be shipped or transported into the State of Alabama from another state unless such milk is produced and handled under sanitary conditions no less adequate in protection of public health than milk produced in the State of Alabama. Shipping or transporting such milk into the State of Alabama must be authorized by permits as provided in Section 2-13-83 and must be authorized by a permit by the Commissioner of Agriculture and Industries as provided in Section 2-13-83. Said commissioner is hereby authorized to issue or revoke such permits as have been issued by the commissioner under rules and regulations adopted under the provisions of this article providing for a method of ascertaining the conditions under which such milk shipped into the State of Alabama was produced and handled. Any milk shipped into the State of Alabama in violation of the provisions of this section or rules and regulations promulgated under this article shall be suspended from sale, seized and condemned in accordance with the procedure set forth under Article 2, Chapter 2 of this title.
Ala. Code § 11-54B-12 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-12
Section 11-54B-12 Annual Budget of District Management Corporation
Status: in_force

(a) The officers of the district management corporation shall submit a detailed annual budget for approval by its board of directors including proposed expenditures and proposed sources of funding, including voluntary donations, and which explains how the budget contributes to goals and objectives for the business improvement district.

(b) The budget shall be introduced, approved, amended, and adopted by resolution passed by not less than a majority of the full membership of the board of directors.

The procedure shall be as follows:

(1) Introduction and preliminary approval;

(2) Public advertising;

(3) Public hearing;

(4) Amendments and public hearings, if required; and

(5) Adoption.

(c) No budget shall be adopted until a public hearing has been held thereon and all persons having an interest therein shall have been given an opportunity to present objections.

(d) The board of directors may amend the budget during or after the public hearing.

No amendment by the board of directors shall be effective until taxpayers and all persons having an interest therein shall have been granted a public hearing thereon, if the amendment shall:

(1) Add a new item in an amount in excess of 10% of the total amount as stated in the approved budget; or

(2) Increase or decrease any item within such budget by more than 10% of the amount stated therein for such item, or

(3) Increase the amount to be raised by special assessment by more than 10% of the total special assessment revenues stated in the approved budget.
Ala. Code § 11-43A-90 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-90
Section 11-43A-90 Regular Public Meetings of Council; Adjourned, Called, Special, or Other Meetings; Quorum; When Vote of Majority of Quorum Sufficient; When Vote of Majority of Council Required; Procedure; Record of Proceedings; Journal; Unanimous Consent for Passage of Certain Ordinances at Meeting Where Introduced; Publication of Ordinances
Status: in_force

The council shall hold regular public meetings as may be prescribed by its own rules, provided that a regular hour and day shall be fixed by the order of the council and publicly announced. It may also hold adjourned, called, special, or other meetings as the business of the municipality may require. A majority of the whole qualified membership of the council shall constitute a quorum for the transaction of any and all business of the council. Except as otherwise provided herein, the affirmative vote of a majority of the quorum shall be necessary and sufficient for the passage of any resolution, rule, or ordinance or the transaction of any business of any sort by the said council or the exercise of any of the powers conferred upon it by the terms of this article, but no resolution or ordinance of a general and permanent nature and no ordinance granting a franchise shall be adopted but by a vote of a majority of the whole qualified membership of the council. No resolution or ordinance granting a franchise, appropriating any money for any purpose, providing for public improvements, providing for regulation concerning the public health, or otherwise of a general and permanent nature shall be enacted except at a regular public meeting of the council or an adjournment meeting thereof. Unless the council’s rules of procedure theretofore adopted provide otherwise, every ordinance introduced shall be in writing and read in full before any vote thereon shall be taken and the yeas and nays shall be recorded. A record of the proceedings of every meeting of the council shall be taken and prepared by the clerk and the record of the proceedings of the meeting shall, when approved by the council, be signed by the presiding official and the clerk and entered in the journal. The journal shall be kept available for inspection by all persons at all reasonable times. No ordinance or resolution of a general and permanent nature shall be adopted by the council at the same meeting at which it is introduced unless unanimous consent of those present is given for the immediate consideration of such ordinance or resolution, with such consent to be shown by a vote taken by yeas and nays and the names of the members voting shall be entered upon the minutes of said meeting. Publication of ordinances shall be as provided in Section 11-45-8.
Ala. Code § 11-60-20 — Alabama Code / Title 2 / Chapter 60 / Section 11-60-20
Section 11-60-20 Powers Conferred on Corporation Cumulative; Further Proceedings, Etc., as to Incorporation and Issuance of Bonds Not Required; Police Powers of State and Governmental Subdivisions Not Impaired
Status: in_force

Neither this chapter nor anything contained in this chapter shall be construed as a restriction or limitation upon any powers which the corporation might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers.

No proceedings, notice, or approval shall be required for the organization of the corporation or the issuance of any bonds or any instrument as security therefor, except as is provided in this chapter, any other law to the contrary notwithstanding; provided, that nothing in this chapter shall be construed to deprive the state and its governmental subdivisions of their restrictive police powers over any properties of the corporation or to impair any power thereof of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law.
Ala. Code § 2-8-382 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-382
Section 2-8-382 Purposes; Programs; Legislative Findings
Status: in_force

(a) The purpose of this article is to assist Alabama in the development of a more permanent, profitable, and diversified agriculture by moving to the forefront of industrial hemp production, development, and commercialization of hemp products in agribusiness, and other business sectors, both nationally and globally and to the greatest extent possible. These purposes may be accomplished, in part, through all of the following:

(1) An industrial hemp research program overseen by the department, working exclusively or in conjunction with other research partners. This research program may include the planting, cultivation, and analysis of industrial hemp demonstration plots by selected growers that are licensed by the department pursuant to this article.

(2) An institution of higher education’s program to conduct industrial hemp research.

(3) The pursuit by the department or an institution of higher education of any federal permits or waivers necessary to allow industrial hemp to be grown in Alabama.

(b) The Legislature hereby finds and declares that the authority granted in this article and the purposes accomplished hereby are proper governmental and public purposes, and that the development of industrial hemp production and commercial markets for hemp products within the state is important to the economic well-being of the state.
Ala. Code § 11-50-502 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-502
Section 11-50-502 Expenditures for New Construction, Additions, or Replacements
Status: in_force

No expenditures for any new construction, additions, or replacements to the municipal electric distribution system, or the equipment used by the same, shall be made by the board where the total expense will be more than $5,000.00 without the consent and approval of the governing body of the municipality.

This section shall not affect or repeal any local law now in effect.
Ala. Code § 11-50-192 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-192
Section 11-50-192 Agreements
Status: in_force

The municipality making any such conveyance and the municipality to which such conveyance is to be made are hereby authorized to enter into any agreements which they may deem necessary or appropriate in order to effectuate such transfer and may include in the instrument of transfer any conditions or stipulations deemed advisable by their respective governing bodies and authorized by ordinance or resolution adopted by the governing body of each such municipality. Nothing contained in this article shall be construed to authorize any municipality to convey any system or systems or part thereof so as to vest title thereto in private ownership and control; provided, that title to any system or systems or part thereof may be subjected to a mortgage, deed of trust, or pledge agreement as security for repayment of money borrowed by the municipality to which such conveyance is made.
Ala. Code § 11-44-124 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-124
Section 11-44-124 Commissioners - Qualification of Candidates Therefor
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-48-57 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-57
Section 11-48-57 Mailing of Copies of Deed and Certificate to Persons Last Assessed Upon Property Described in Deed by Probate Judge; Entry of Certificate on Record of Deed, Etc
Status: in_force

At the time of application for entry of such certificate of warning to redeem, the applicant shall deliver to the probate judge three correct copies of said deed with a notation thereon of the deed book and page where recorded and shall pay to said probate judge a fee of $1.00. Said copies of deed need not include any certificate of acknowledgment.

It shall thereupon be the duty of said probate judge to promptly compare said copies with the record of such deed and, if such copies be found to be correct copies of such record, it shall be the further duty of such probate judge to ascertain from the ad valorem tax assessment records of his county the name of the person or persons other than the grantee in said deed to whom the property described in said deed was last finally assessed for ad valorem taxation, together with the address of each such person as shown by said tax assessment records, and thereupon to promptly mail to each such person at such address one of the aforesaid compared copies of said deed, together with an attached warning to redeem in substantially the following form: “Take notice that there is recorded in my office in Deed Book _____ at page _____ a deed of which the attached is a correct copy. You are warned that unless you, or those claiming under you, take prompt steps to redeem from those claiming under said deed, all rights of redemption may be lost. This _____ day of _____, 2__, _____, Probate Judge, _____ County, Alabama.”

Promptly upon or after mailing such notice or notices and compared copy or copies of deed, it shall be the duty of said probate judge to enter upon the margin of the record of such deed a certificate of warning substantially as prescribed by Section 11-48-56 and to sign such certificate and to date the same with the date of entry. At the expiration of 60 days after the date of such certificate all rights to redeem from the sale shown by such deed shall cease and desist.
Ala. Code § 11-51-15 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-15
Section 11-51-15 Appeal from Judgment of Circuit Court
Status: in_force

An appeal staying the execution of the judgment of the circuit court may be taken to the Supreme Court from any final judgment in any tax case upon the appellant entering into bond, with good and sufficient sureties, in an amount to be fixed by the judge of the court entering the judgment, conditioned to pay the judgment of the Supreme Court when rendered; provided, that no sureties on any bond shall be required of a city or town.
Ala. Code § 11-44-138 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-138
Section 11-44-138 Conflicts of Interest of Commissioners, Officers, or Employees; Certain Persons Not to Be Employed by or Receive Compensation from Municipality; Privileges, Immunities, Etc., of Elective Officers of Municipality
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-46-8 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-8
Section 11-46-8 Election of Mayor and Members of City Council in Class 1 Municipalities
Status: in_force

(a) This section shall only apply in a Class 1 municipality.

(b) Commencing with the municipal election in 2011, the mayor shall be elected for a two-year term of office. Commencing with the municipal election in 2013, and thereafter, the mayor and the members of the city council shall be elected at the same election for a four-year term of office.
Ala. Code § 11-49-1 — Alabama Code / Title 2 / Chapter 49 / Section 11-49-1
Section 11-49-1 Consent to Use Public Streets, Etc., for Construction or Operation of Public Utility or Private Enterprise; Fees
Status: in_force

(a) No person, firm, association, or corporation may use the streets, avenues, alleys, and other public places of cities or towns for the construction or operation of any public utility or private enterprise without first obtaining the consent of the proper authorities of the city or town.

(b) No electric supplier, as defined in Section 37-14-31, which has an assigned service territory established by general law and is subject to payment of a privilege or license tax or other tax or fee established by general law to a city or town that authorizes a levy not to exceed three percent of the gross receipts of the business done by the electric supplier in the municipality during the preceding year, and that authorizes a levy not to exceed one and one-half percent of the gross receipts of the business done by the electric supplier in the police jurisdiction of the municipality during the preceding year, shall be subject to any separate fee, charge, tax, or other payment to the city or town in connection with the consent required under subsection (a) or any consent required otherwise by law.

(c) Nothing in this section shall affect any franchise fee, charge, tax, or other payment being currently paid by an electric supplier under a franchise agreement in effect on April 28, 2009, or any extension, assignment, or renewal at the same rate.

(d) Any franchise fee, charge, tax, or other payment paid by a natural or manufactured gas utility, as defined in Section 37-4-1(7)b., which is subject to the general supervision of the Alabama Public Service Commission pursuant to Section 37-1-32, and to payment of a privilege or license tax or other tax or fee established by general law to a city or town that authorizes a levy not to exceed three percent of the gross receipts of the business done by the natural or manufactured gas utility in the municipality during the preceding year, and that authorizes a levy not to exceed one and one-half percent of the gross receipts of the business done by the natural or manufactured gas utility in the police jurisdiction of the municipality during the preceding year, may not be increased after December 31, 2025, unless the increase is approved by a majority of the qualified electors residing in the municipality who vote on the proposed increase at an election held pursuant to Chapter 46.

(e)(1) Subsections (b) and (d) shall not be construed to affect the application of any of the following:

a. Health, safety, and welfare rules and regulations to electric suppliers or natural gas or manufactured gas utilities, including, without limitation, payment of reasonable permit fees designed to recover the costs of processing and administering permits generally applicable to all other businesses holding permits issued by the cities or towns.

b. Payment of publication costs associated with approval of a franchise as required by statute.

c. Any requirements stated in the franchise that the electric supplier or natural or manufactured gas utility repair and remediate property of the municipality damaged by the electric supplier’s or natural or manufactured gas utility’s operation and maintenance of its facilities and that the electric supplier or natural or manufactured gas utility indemnify the municipality for negligence or wrongful conduct of the electric supplier or natural or manufactured gas utility, or the electric supplier’s or natural or manufactured gas utility’s officers, agents, employees, or independent contractors, in the construction, operation, and maintenance of its facilities installed pursuant to the franchise.

d. Any tort, contract, or other civil liability that would exist independently of the franchise.

(2) This subsection is intended to provide examples of municipal powers that are unaffected by subsections (b) and (d) and shall not be construed as limitations on the rights and powers of municipalities.

(f) Nothing in subsections (b) through (e) shall affect the right of cities or towns to charge electric suppliers, which have an assigned service territory, or natural or manufactured gas utilities franchise fees for their use of the streets, avenues, alleys, and other public places of the cities or towns to provide services to the public such as cable, voice, data, video, or other nonelectric services and nonnatural or manufactured gas services for which other providers are required to pay franchise fees.

(g) Should any of subsections (b) through (f) be declared unconstitutional or invalid by a final decision of any court of competent jurisdiction, the remaining subsections (b), (c), (d), (e), and (f) shall become void and without effect. Nothing in this section shall be deemed to amend, modify, or otherwise affect in any manner Chapter 14 of Title 37.
Ala. Code § 11-44E-40 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-40
Section 11-44E-40 Elections; Qualification and Term of Office; Oath
Status: in_force

(a) Any commissioner whose present term does not expire until October, 1993, shall continue to serve the remainder of his or her term, but shall represent the district in which he or she resides. The commissioners shall qualify and take office in the manner hereinafter prescribed on the first Monday in October following his or her election. An election shall be held on the second Tuesday in July, 1991, and every four years thereafter for the positions of associate commissioner for Districts 2, 4, and 6 and in the manner herein provided. Associate commissioners for Districts 1 and 5 shall also be elected the second Tuesday in July, 1991, for initial two-year terms. Districts 1, 3, and 5 shall elect associate commissioners the second Tuesday in July, 1993, for four-year terms. After 1993, all associate commissioners shall serve four-year terms. The mayor shall continue to hold office until the first Monday in October, 1993, and shall continue to be elected at-large for a four-year term at the same election in 1993 as Districts 1, 3, and 5 and every four years thereafter. The commissioners shall qualify and take office on the first Monday in October following his or her election. The commissioners elected at any such regular election shall on or before the first Monday in October, make oath that he or she is eligible for the office and will execute the duties of same according to the best of his or her knowledge and ability. At any election for commissioner the candidate receiving the highest number of votes for the office shall be elected thereto, provided such candidate receives a majority of all votes cast for such office. If at the first election a majority is not received by any candidate for the office of commissioner, then a second election shall be held on the second Tuesday next thereafter following the first election, in the same mode, manner, and under the same rules and regulations provided in Section 11-44E-3 hereof with respect to the election of the first commission.

(b) Notwithstanding subsection (a), effective for the election of city commissioners in 2011, the city commissioners in Districts 2, 4, and 6 shall be elected for a two-year term. Effective for the election of city commissions in 2013 and thereafter, all city commissioners shall be elected for four-year terms. Effective for the election of city commissioners in 2011, and thereafter, the first election date shall be on the first Tuesday in August and the second election or run-off election shall be held on the sixth Tuesday thereafter.
Ala. Code § 11-58-4 — Alabama Code / Title 2 / Chapter 58 / Section 11-58-4
Section 11-58-4 Board of Directors
Status: in_force

Each corporation formed under this chapter shall have a board of directors which shall constitute the governing body of the corporation, consisting of three members who shall serve without compensation, except that they shall be reimbursed for actual expenses incurred in the performance of their duties under this chapter and, at the discretion of the board of directors, may be paid a director’s fee of ten dollars ($10) for each director’s meeting attended by them not to exceed a total of one hundred twenty dollars ($120) per member per year. No member of the board shall be an officer of the municipality or county. The directors of the corporation shall be elected by the governing body of the respective municipality or county and they shall be so elected that they shall hold office for staggered terms. The first term of office of one director shall be two years, of another director shall be four years, and of a third director shall be six years, as shall be designated at the time of their election. Thereafter the term of office of each director shall be six years.
Ala. Code § 11-43-7 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-7
Section 11-43-7 Establishment of Salaries and Fees of Municipal Employees; Disposition of Fees of Clerk
Status: in_force

All employees of any city or town whose compensation is not fixed by law shall receive such salary or fees for their services as the council may by ordinance from time to time prescribe. For all attested certificates and transcripts, other than ordered by the council, the clerk shall be paid fees not in excess of those allowed to county officers for like services to be accounted for in all cases as other public moneys where such clerk receives a salary or fixed compensation.
Ala. Code § 11-52-84 — Alabama Code / Title 2 / Chapter 52 / Section 11-52-84
Section 11-52-84 Article Not to Repeal, Modify, Etc., Existing Regulations, Restrictions, District Boundaries, or Ordinances
Status: in_force

Nothing contained in this article shall be held to repeal, modify, or change in any way any regulations, restrictions, boundaries, or ordinances now existing or in force in any incorporated city or town in this state, and this article shall not be held to repeal Sections 11-52-70 and 11-52-74, but said sections shall remain in full force and effect.
Ala. Code § 2-6-114 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-114
Section 2-6-114 Form and Contents of Bonds; Redemption
Status: in_force

(a) Any bonds of the corporation may be executed and delivered by it at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest, payable and evidenced in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, all as may be provided by the resolution of the board of directors whereunder such bonds are authorized to be issued; provided, that no bond of the corporation shall have a specified maturity date later than 30 years after its date. Each bond of the corporation may be made subject to redemption at the option of the corporation under such terms and conditions and at such premiums, if any, as may be provided in the resolution under which the bond is authorized to be issued. The corporation may pay out of the proceeds of the sale of its bonds all expenses, including fees and disbursements of attorneys, accountants, fiscal agents, financial advisors, and other consultants, fees and disbursements of trustees, escrow agents, registrars, paying agents, transfer agents, depositories for safekeeping, authenticating agents, agents for the delivery and payment of bonds, fees and commissions of bond insurers, and credit enhancers, printing costs, and other customary bond issuance expenses.

(b) Bonds issued by the corporation shall not be general obligations of the corporation, but shall be payable solely out of the funds referred to in Section 2-6-118. In the event the corporation shall make more than one pledge of the same revenues, the pledges shall take precedence in the order of the adoption of the resolutions in which the pledges are made. Neither a public hearing nor consent of the Department of Finance or any other department or agency of the state shall be a prerequisite to the issuance of bonds by the corporation.
Ala. Code § 2-6-36 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-36
Section 2-6-36 Bonds Legal Investments
Status: reserved

Repealed by Act 2011-575, p. 1231, §30, effective June 9, 2011.
Ala. Code § 11-44E-221 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-221
Section 11-44E-221 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Mayor/Commission/City Manager Act of 1988.”
Ala. Code § 11-60-2 — Alabama Code / Title 2 / Chapter 60 / Section 11-60-2
Section 11-60-2 Legislative Intent; Construction of Chapter Generally
Status: in_force

(a) It is the intention of the Legislature by the passage of this chapter to promote the public health and general welfare by authorizing the incorporation in the several municipalities in this state of public corporations to acquire, enlarge, improve, expand, own, operate, lease, and dispose of properties to the end that such corporation may be able to promote public interest and participation in sports, athletics, and recreational activities and to provide or improve public parks in this state, including all buildings, facilities, and improvements incident thereto or useful in connection therewith. It is the further intent of the Legislature by the passage of this chapter to vest such public corporations with all powers that may be necessary to enable them to accomplish such purposes.

(b) This chapter shall be liberally construed in conformity with the said intention.
Ala. Code § 11-49C-2 — Alabama Code / Title 2 / Chapter 49C / Section 11-49C-2
Section 11-49C-2 Purpose
Status: in_force

It is the purpose of this chapter to permit certain Class 8 municipalities the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities, public transportation systems, fire fighting, law enforcement, and public works.
Ala. Code § 2-10-29 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-29
Section 2-10-29 Investigation of Affairs of Association
Status: in_force

The commissioner shall have authority, when so ordered by the State Board of Agriculture and Industries, to examine and investigate each association as to its conduct of business, the correctness of its books, its financial condition and the safety and prudence of its management. Such investigation may also be made by any duly authorized agent of the commissioner. The report of such examination shall be a confidential document for official use only and subject to examination only by duly authorized agents of the commissioner and members of the State Board of Agriculture and Industries. Such report shall be kept on file with the commissioner.
Ala. Code § 11-54B-56 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-56
Section 11-54B-56 Operation in Other Designated Project Areas
Status: in_force

This article shall not prohibit a municipality from including a self-help business improvement district within the bounds of any area, district, or zone including any enterprise zone established pursuant to law which has as one of its purposes the encouragement of the construction of improvements or the rehabilitation of properties located within those boundaries, or the inducement of private enterprises to locate within those boundaries, whether by tax credits, exemptions, or abatements, or by special public financing arrangements.
Ala. Code § 11-50-345 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-345
Section 11-50-345 Issuance of Revenue Bonds Authorized; Form, Terms, Denominations, Etc.; Execution, Sale, Etc.; Disposition of Proceeds from Sale of Bonds; Issuance of Interim Receipts or Temporary Bonds
Status: in_force

(a) Any board of water and sewer commissioners created under the provisions of this article is hereby authorized by resolution, at one time or from time to time, to issue revenue bonds of the board for the purpose of paying all or any part of the cost of any water system or sewer system or any combination thereof and the cost of any improvements, extensions, and additions and for the purpose of refunding any bonds or obligations assumed by the board in connection with the acquisition of such system or systems or part thereof. The principal of and the interest on such bonds shall be payable solely from the funds provided by this article for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding 10 percent per annum, shall mature at such time or times not exceeding 40 years from their date or dates as may be determined by the board, and may be made redeemable before maturity, at the option of the board, at such price or prices and under such terms and conditions as may be fixed by the board prior to the issuance of the bonds. The board shall determine the form of the bonds, including any interest coupons to be attached thereto, and the manner of execution of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any bond or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All revenue bonds issued under the provisions of this article shall have and are hereby declared to have all of the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form or both as the board may determine, and the provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The issuance of such bonds shall not be subject to any limitation or conditions contained in any other law, and the board may sell such bonds in such manner and for such price as it may determine will best effect the purposes of this article.

(b) The proceeds of the bonds of each issue shall be used solely for the purpose for which such bonds shall have been authorized and shall be disbursed in such manner and under such restrictions, if any, as the board may provide in the resolution authorizing the issuance of such bonds or in the trust agreement mentioned in Section 11-50-346 securing the same.

(c) Prior to the preparation of definitive bonds, the board may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The board may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds may be issued under the provisions of this article without obtaining the consent of any department, division, commission, board, bureau, agency, or official of the state or of the city and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specifically required by this article.