Ala. Code § 11-44E-47 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-47
Section 11-44E-47 Continuation of City Clerk in Office Where Subject to Civil Service or Merit System; Appointment Where Not Subject to Such System; Duties of City Clerk
Status: in_force

If the city clerk of any city which adopts the mayor/commission/city manager form of government holds office subject to any civil service or merit system, such clerk shall continue to be the city clerk under the mayor/commission/city manager form of government of such city, and the clerk’s successor shall be selected and hold office subject to the provisions of such civil service or merit system. If the city clerk of any city which adopts the mayor/commission/city manager form of government does not hold office subject to any civil service or merit system, the city manager may appoint the city clerk in the same manner as department heads are appointed. The city clerk shall give notice of special or called meetings of the commission, shall keep the journal of its proceedings, shall authenticate by his (her) signature and record in full, in a book kept for that purpose, all ordinances and resolutions and shall perform such other duties as shall be required by this chapter or by ordinance, and such duties as are imposed by law of Alabama upon city clerks.
Ala. Code § 2-8-50 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-50
Section 2-8-50 Subsequent Referendums
Status: in_force

In the event any referendum conducted as provided in this article shall fail to receive the required number of affirmative votes from swine producers eligible for participation and voting therein, then the certified association conducting the said referendum shall be authorized to call another referendum for the purposes set forth in this article in any succeeding year on the question of an assessment and promotional program for the period authorized by this article; provided, that no such referendum shall be held within a period of 12 months from the date on which the last referendum was held. In the event such referendum is carried or favored by the required number of eligible swine producers participating therein and assessments in pursuance thereof are levied for the period set forth in the call for such referendum, then the association conducting such referendum shall have full power and authority to call and conduct during or after the last year of such period another referendum in which the swine producers shall vote upon the question of whether or not such assessments shall be continued or renewed for another period of time as authorized under this article. Any subsequent referendums as authorized in this section shall be subject to all of the requirements of an original referendum conducted under the provisions of this article.
Ala. Code § 11-71-8 — Alabama Code / Title 2 / Chapter 71 / Section 11-71-8
Section 11-71-8 Refunding of Excess Funds
Status: in_force

Following the completion of the acquisition, construction, or installation of the projects, if there are excess funds from assessments, after fully funding all reserves and contingency funds, the excess funds shall be refunded in a manner determined to be equitable by the board, or as otherwise provided in the board’s proceedings with respect to its bylaws.
Ala. Code § 11-62-15 — Alabama Code / Title 2 / Chapter 62 / Section 11-62-15
Section 11-62-15 Disposition of Net Earnings of Authority
Status: in_force

Every authority shall be a not-for-profit public corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any private person, except that in the event the board of any authority shall determine that sufficient provision has been made for the full payment of the expenses, bonds, notes, and other obligations of such authority, then any net earnings thereafter accruing shall be paid to the determining municipality.
Ala. Code § 11-48-104 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-104
Section 11-48-104 Appeals from Division of Assessment
Status: in_force

The owner of any portion of said tract of land may, after said tract and the original assessments have been divided, appeal from the resolution, judgment or order of the governing body levying said assessment in the same manner and under the same conditions as appeals are taken from original assessments; except, that said appeal must be taken within five days after said judgment, resolution, or order.
Ala. Code § 2-18-2 — Alabama Code / Title 2 / Chapter 18 / Section 2-18-2
Section 2-18-2 Inspection at Poultry Slaughtering, Dressing and Processing Establishments
Status: in_force

The Department of Agriculture and Industries, through qualified personnel of said department, is authorized to inspect poultry meat at poultry slaughtering, dressing or processing establishments for the purpose of determining whether or not poultry and poultry products slaughtered, dressed or processed at such plants or establishments comply with the requirements set forth in rules and regulations promulgated as authorized under Section 2-18-1.
Ala. Code § 2-10-26 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-26
Section 2-10-26 Temporary Permit Pending Appeal
Status: in_force

In the event an association desires to do business pending the appeal provided for in Section 2-10-25, it may be issued a temporary permit to do so upon paying $1.00 and filing bond with the commissioner in such sum as the commissioner may fix, conditioned to protect all persons dealing with the association from injury or loss. Said bond shall be in a reasonable amount, approved by the commissioner, and made in some bonding company authorized to do business in Alabama. Before such association shall be permitted to file bond as authorized in this section, there shall be filed with the Department of Agriculture and Industries, on blanks prescribed by the State Board of Agriculture and Industries, an application for such temporary permit, accompanied by a full list of the members of such association and their addresses. Immediately upon the filing of such application, the commissioner shall call a meeting, by mailing notice to each member of the association, at such place as the commissioner deems most convenient for the majority of said members, and at such meeting he shall explain the reasons why he rejected the application for a permit. If a majority vote for such temporary certificate after such statement by the commissioner, the temporary certificate shall issue. The commissioner may issue the temporary certificate without such hearing.
Ala. Code § 11-50-103 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-103
Section 11-50-103 Maintenance of Account and Disbursement of Proceeds from Assessments Generally
Status: in_force

The city or town officials charged with the duty of collecting assessments shall keep a correct account of all funds arising from such assessments and shall carefully and correctly keep a separate account of the fund arising from the collecting of assessments under each particular purchase or improvement ordinance, and no proceeds arising from assessments levied for one improvement or improvements shall be directed to the payment of the bonds or coupons issued for any other purchase or improvement or to the payment of any other indebtedness of the city or town or for any other purpose whatsoever, except as expressly provided in this division.
Ala. Code § 2-33-2 — Alabama Code / Title 2 / Chapter 33 / Section 2-33-2
Section 2-33-2 Offer and Sale of Health Benefits by Nonprofit Agricultural Organization or Affiliate
Status: in_force

(a) A nonprofit agricultural organization or an affiliate of the organization may offer in this state health benefits.

(b) Health benefits offered under this chapter shall include coverage for all of the following:

(1) Ambulatory patient services.

(2) Hospitalization.

(3) Emergency services.

(4) Laboratory services.

(5) Mental health and substance abuse disorder services including behavioral health treatment.

(6) Prescription drugs.

(c) The aggregate value of benefits or services covered under a health benefits plan under this chapter shall not be subject to an annual limit of less than two million dollars ($2,000,000) per year per enrollee.

(d) Health benefits offered under this chapter may only be sold by an insurance producer who is licensed to sell or solicit accident and health insurance in the State of Alabama and who is one of the following:

(1) An employee of the nonprofit agricultural organization or its affiliates.

(2) An agent who is employed by or is independently exclusive of an organization authorized to sell insurance products that may only be sold to members of a nonprofit agricultural organization.

(3) An employee or agent of a nonprofit agricultural organization of another state which is substantially similar to the nonprofit agricultural organization as defined in this chapter who is under contract with the nonprofit agricultural organization as defined in this chapter to underwrite or service the health benefits offered pursuant to this chapter.

(e) Health benefits may not be sold by a broker, agent, benefits coordinator, or another individual who is not described in subdivisions (d)(1) through (3).
Ala. Code § 2-15-314 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-314
Section 2-15-314 Lien of Owner of Sire Obtaining Certificate Under Provisions of Article
Status: in_force

The owner or owners of any sire receiving such certificate by complying with the provisions of this article shall obtain and have a lien upon the get of any such sire for the period of one year from the date of birth of get.
Ala. Code § 11-56-13 — Alabama Code / Title 2 / Chapter 56 / Section 11-56-13
Section 11-56-13 Bonds - Security for Payment of Principal and Interest; Remedies Upon Default Generally
Status: in_force

(a) The principal of and the interest on the bonds shall be secured by a pledge of the revenues out of which the bonds shall be made payable and by a pledge of the lease agreement covering the project from which revenues so pledged shall be derived and of the rental therefrom and may be secured by an indenture covering such project.

The trustee under any indenture may be a trust company or bank having trust powers, whether located within or without the state. The indenture may contain any agreements and provisions customarily contained in instruments securing evidences of indebtedness including, without limiting the generality of the foregoing, provisions respecting the collection, segregation and application of the rental from any project covered by such indenture, the terms to be incorporated in the lease agreement respecting such project, the maintenance and insurance of such project, the creation and maintenance of special funds from the rental of such project, and the rights and remedies available in the event of default to the holders of the bonds or the trustee under the indenture all as the board shall deem advisable and as shall not be in conflict with the provisions of this chapter; provided, however, that in making any such agreements or provisions the corporation shall not have the power to obligate itself except with respect to projects and the application of the revenues therefrom.

(b) If there shall be any default by the corporation in payment of the principal of or the interest on the bonds or in any of the agreements on the part of the corporation that may properly be included in any indenture securing the bonds, any holder of any of the bonds or any of the coupons or the trustee under any indenture, if so authorized in such indenture, may by civil action, mandamus or other proceeding enforce payment of such principal or interest and compel performance of all duties of the board and officers of the corporation and shall be entitled as a matter of right and regardless of the sufficiency of any such security to the appointment of a receiver with all the powers of such receiver for the operation and maintenance of the project covered by such indenture and the collection, segregation and application of rents therefrom; provided, that any such indenture shall not be subject to foreclosure and shall not be construed so as to authorize the sale of any project covered thereby or any part thereof in satisfaction of the bonds secured thereby. The indenture may contain provisions regarding the rights and remedies of any trustee thereunder and the holders of the bonds and the coupons and may contain provisions restricting the individual rights of action of the holders of the bonds and coupons.
Ala. Code § 2-17-36 — Alabama Code / Title 2 / Chapter 17 / Section 2-17-36
Section 2-17-36 Disclosure by State Officer or Employee of Information Obtained by Commissioner Without Proper Authority
Status: in_force

Any officer or employee of this state who shall make public any information obtained by the commissioner without proper authority, unless directed by a court, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment not exceeding one year or by both.
Ala. Code § 2-25-11 — Alabama Code / Title 2 / Chapter 25 / Section 2-25-11
Section 2-25-11 Common Carriers, Etc., Not to Accept for Shipment or Deliver Nursery Stock, Etc., Without Official Tags, Etc
Status: in_force

No transportation company or common carrier shall accept from any shipper or person or deliver to any consignee nursery stock or other plants or plant products named in the regulations of the State Board of Agriculture and Industries which do not bear the official tag issued by the commissioner or the inspection tag of the federal Plant Quarantine and Control Administration.
Ala. Code § 2-11-90 — Alabama Code / Title 2 / Chapter 11 / Section 2-11-90
Section 2-11-90 Commissioner’s Duties
Status: in_force

The commissioner shall put into effect the provisions of this article relative to the grading and inspection of grains for which standards have been established by the State Board of Agriculture and Industries.
Ala. Code § 11-54-84 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-84
Section 11-54-84 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 11-54-83, 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 the corporate 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 11-54-83 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 § 11-43-6 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-6
Section 11-43-6 Provision for Compensation of and Disposition of Fees Collected by Municipal Officers Generally
Status: in_force

It may be provided by ordinance that any city or town officer, elected or appointed, shall receive a salary in lieu of all other compensation, and, in such cases, such officer shall not receive for his own use any fees or other compensation for his services as such officer but shall collect the fees authorized by law or ordinance and pay the same into the city or town treasury.
Ala. Code § 11-50B-12 — Alabama Code / Title 2 / Chapter 50B / Section 11-50B-12
Section 11-50B-12 Construction
Status: in_force

This chapter shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing, including without limitation, powers previously conferred upon specific public providers by local acts which were enacted on or prior to May 25, 2000, and local acts amendatory thereto which may hereinafter be enacted.
Ala. Code § 2-19-122 — Alabama Code / Title 2 / Chapter 19 / Section 2-19-122
Section 2-19-122 Cooperative Programs Authorized
Status: in_force

The commissioner is hereby authorized and directed to carry out programs to destroy and eliminate boll weevils in this state. The commissioner is authorized to cooperate with any agency of the federal government, any state, any other agency in this state, or any person engaged in growing, processing, marketing, handling cotton, or any group of such persons in this state in programs to effectuate the purposes of this article, and may enter into written agreements to effectuate such purposes. Such agreements may provide for cost sharing, and for division of duties and responsibilities under this article and may include other provisions generally to effectuate the purposes of this article.
Ala. Code § 11-49-106 — Alabama Code / Title 2 / Chapter 49 / Section 11-49-106
Section 11-49-106 Liability for Damages for Vacation of Street
Status: in_force

The party for whom the street may be vacated under this article shall be liable to the owners of property adjacent thereto in any civil action for any special damages suffered by them.
Ala. Code § 2-10-32 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-32
Section 2-10-32 Order of Board After Hearing; Appeal
Status: in_force

The State Board of Agriculture and Industries, upon any hearing provided for in this article, may require the commissioner to call a meeting of the directors of the association and seek to work out a solution of conditions with them, may order the conditions on which there may be a continuation of the operation of such association or may require an agent appointed by the board or commissioner to take charge and reorganize the association or wind its business up or may make such other order as it deems will best protect the interest of the public. An appeal shall lie from the order of the board by any person interested by filing bond with and to be approved by the register or clerk of the Circuit Court of Montgomery County. The matter shall be heard de novo in such court; provided, that the order of the board shall be presumed prima facie correct. Upon such hearing the court shall issue an order sustaining or reversing the order of the board or remanding the matter to the board for further consideration. An appeal shall lie from the order of the circuit court to the Court of Civil Appeals.
Ala. Code § 2-25-19.1 — Alabama Code / Title 2 / Chapter 25 / Section 2-25-19.1
Section 2-25-19.1 Penalties, Temporary Restraining Orders or Injunctions for Violations Issued Without Bond; Form of Action; Approval of Attorney General; Assistance of District Attorneys or Their Deputies
Status: in_force

In addition to any other penalties provided hereunder, the commissioner may apply for, and the circuit court shall grant a temporary restraining order, or temporary, or permanent injunction or both, restraining any person from violating or from continuing to violate any provisions of this article or any rules or regulations promulgated under this article, notwithstanding the existence of other remedies at law. Any such restraining orders or injunctions shall be issued without bond. Said action shall be brought in the name of the State of Alabama upon the relation of the Attorney General and with his approval and such officer shall, upon his request, be assisted by the district attorney or deputy district attorney of the judicial circuit in which injunctive proceedings are filed.
Ala. Code § 11-40-6 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-6
Section 11-40-6 Municipal Corporations Classified as Cities or Towns; Holding of Election After Change in Government of Municipality
Status: in_force

Municipal corporations now existing or hereafter organized under this title containing 2,000 or more inhabitants shall be called cities. All incorporated municipalities containing less than 2,000 inhabitants shall be called towns. The last census, whether federal or taken as authorized in this title, shall be used in determining the population of a city or town.

At the next election more than four months after the one hundred twentieth day after the first day of the first regular business session of the legislature held next after the publication by the federal government of the regular federal decennial population census for Alabama, if the municipality shows a population which authorizes a change in its government under this title, the proper officers for such a city shall be elected and perform the duties prescribed in this title.
Ala. Code § 11-57-23 — Alabama Code / Title 2 / Chapter 57 / Section 11-57-23
Section 11-57-23 Conveyances of Property to Authorities by Municipalities
Status: in_force

The municipality is hereby authorized to transfer and convey to the authority, with or without the payment of monetary consideration therefor, any property that may immediately preceding such conveyance be owned by the municipality, whether or not such property is necessary for the conduct of the governmental or other public functions of the municipality; provided, that such conveyance shall be authorized by a resolution duly adopted by the governing body prior to the conveyance. Such resolution shall be published one time, at least five days before such transfer is consummated, in a newspaper published in the municipality or, if there is no newspaper then published in the municipality, then in a newspaper published or circulated in the county.
Ala. Code § 11-67-147 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-147
Section 11-67-147 Satisfaction of Weed Lien; Notice
Status: in_force

Upon payment of the weed lien, the city clerk shall notify the county tax collecting official and may file a notice of satisfaction of weed lien in the records of the probate court.
Ala. Code § 11-70A-3 — Alabama Code / Title 2 / Chapter 70A / Section 11-70A-3
Section 11-70A-3 Petition
Status: in_force

The municipality may file a single petition with the clerk of the circuit court for the judicial circuit in which the subject property is located for an order to quiet title and expedite foreclosure to one or more parcels of property under this section. The petition shall identify each parcel by its legal description, tax parcel number, and street address, if available, and shall be served on all interested parties identified in accordance with subsection (b) of Section 11-70A-2.
Ala. Code § 11-50-465 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-465
Section 11-50-465 Members of Board - Compensation
Status: in_force

Each member of the board shall receive for his services such compensation as authorized by the governing body of such municipality. The compensation to the members of the board shall be paid in monthly installments from the money received from the operation of the municipal gas distribution system.
Ala. Code § 11-44C-13 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-13
Section 11-44C-13 Council to Consist of Seven District Council Members; Composition of Districts
Status: in_force

The council shall include seven members who shall be known and elected as district council members. Such district council members shall be elected from districts which shall be, as near as practicable, of equal population according to the last federal decennial census. The seven districts shall be as follows: District 1 shall consist of: In Mobile Division, Mobile City: Census Tract 6 Blocks 101-104 only; Census Tracts 7.01, 7.02, 8, 26, 27; Census Tract 34.01, except Blocks 109, 111, 114, 119; Census Tract 34.02 p, Blocks 101-128, 131, 132 only; Census Tract 39.01 p; Census Tract 39.02 p; Census Tract 61 p, Block 212 p only; Census Tract 49 p; Census Tract 43 p, Blocks 313 and 401 only; District 2 shall consist of: In Mobile Division, Mobile City: Census Tracts 1, 2, 3, 4.01, 4.02, 5; Census Tract 6, except Blocks 101-104; Census Tract 9.01, Blocks 108-115, Block 119, Block Group 2, Blocks 301, 309, 312, 319; Census Tract 9.02, Block Groups 1 and 2; Census Tract 10.01; Census Tract 10.02, Blocks 102-113, 115, 116, Blocks 202-205, 208-216, 302-305, Block Group 5; Census Tract 12.01 p; Census Tract 12.02, Block Group 1, Blocks 201-213, Block 229, Blocks 244-250, Blocks 906-924; Census Tracts 12.99, 38.01, 38.02 p, 38.99, 43 p, Blocks 115 p and 201 p only; Census Tracts 44 p, 45 p, 52 p, 53 p, 54 p, 56 p; District 3 shall consist of: In Mobile Division, Mobile City: Census Tract 9.03; Census Tract 10.02, Blocks 101, 114, 201, 206, 207, 217, 301, Blocks 306-312, Block Group 4; Census Tracts 11, 12.02, except Block Group 1, Blocks 201-213, 229, 244-250, 906-924; Census Tracts 13.01, 13.02, 14, 15.01, 15.02, 16; Census Tract 17, Block Group 2 only; Census Tract 18, Block Group 1 only; Census Tract 23.02; Census Tract 24, Block Group 1, Block Group 2, Blocks 301-303, Blocks 311, 312, 401, 402, 404; District 4 shall consist of: In Mobile Division, Mobile City: Census Tract 17, Block Group 1, Block Group 3; Census Tract 18, Block Group 2, Block Group 3; Census Tracts 19.01, 19.02, 20, 21, 22, 23.01, 30, 31; District 5 shall consist of: In Mobile Division, Mobile City: Census Tract 9.01, Blocks 101-104, 117, 118, Blocks 302-308, 315, 317, 318; Census Tract 9.02, Block Group 3 only; Census Tract 24, Blocks 305-310, Blocks 403, 404-412, Block Group 5, Block Group 6; Census Tracts 25.01, 25.02, 28, 29, 32.01, 33.01; Census Tract 33.02, Block Group 4, Blocks 401-404 only; District 6 shall consist of: In Mobile Division, Mobile City: Census Tracts 32.02, 32.03, 35.02; Census Tract 36.03, except Blocks 204-208, Blocks 214-220; Census Tracts 37.01, 37.02; Census Tract 68 p, Block 230 p only; District 7 shall consist of: In Mobile Division, Mobile City: Census Tract 33.02, Block Groups 1, 2, 3, 5, Blocks 406, 407, 408; Census Tract 34.01 p, Blocks 109, 111, 114, 119; Census Tract 34.02 p, Blocks 129-130; Census Tracts 34.03, 34.04, 34.05, 34.06, 35.01; Census Tracts 36.01, 36.02; Census Tract 36.03, Blocks 204-208, Blocks 214-220; Census Tract 61 p, Blocks 977 p and 978 p.
Ala. Code § 2-25-15 — Alabama Code / Title 2 / Chapter 25 / Section 2-25-15
Section 2-25-15 Importation, Sale, Possession, Etc., of Fruits, Nuts, Etc., Infested or Infected with Plant Pests or Noxious Weeds Likely to Cause Damage
Status: in_force

It shall be unlawful for any person to import, sell, give away or have in possession for sale or barter fruits, nuts, vegetables, flowers of any kind, or plants or plant products in the State of Alabama that are infested or infected with plant pests or noxious weeds of a kind and to such an extent that it is likely to cause serious damage to products susceptible to the plant pests or noxious weeds.
Ala. Code § 11-50-321 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-321
Section 11-50-321 Consolidation of Systems
Status: in_force

Each corporation organized under this article or the articles of incorporation of which are amended under this article may, if it so elects, combine and consolidate any of its systems (whether water, sewer, gas, or electric) with any one or more of its other systems (whether water, sewer, gas, or electric) and provide for the operation, maintenance, and repair of the systems so consolidated as one combined and consolidated system, the keeping of books and records for one combined system and the borrowing of money for any purpose authorized by law and the issuance of revenue bonds payable from the revenues of the combined system, or such corporation may keep and operate any one or all of its systems separate from its other systems. One combination and consolidation of systems shall not prevent other combinations and consolidations of other systems or the combination and consolidation of another system or systems with said consolidated system.
Ala. Code § 2-8-246 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-246
Section 2-8-246 Expenditure of Assessments; Disbursements Not Subject to Budget or Allotment Requirements
Status: in_force

The funds derived from any assessments levied upon the sale of wheat, corn, grain sorghum, and oats as authorized under this article shall be used and expended by the certified association after such funds are remitted to it by the Commissioner of Agriculture and Industries for the purpose of promoting and stimulating by advertising and other methods the increased use and sale of wheat, corn, grain sorghum, oats, and wheat, corn, grain sorghum, and oats products. Any funds expended by the certified association not authorized by the promotional program previously approved shall be deemed as an unauthorized and illegal expenditure of such funds. All funds approved by the certified association for expenditure as required hereunder by any certified association for an approved promotional program for the wheat, corn, grain sorghum, and oat industry as authorized under this article are hereby appropriated for disbursement and expenditure by said certified associations to carry out any such approved promotional program or programs, and it shall not be necessary for the Legislature to make any specific or general appropriation for such disbursements or expenditures nor shall such disbursements and expenditures be subject to the budget and allotment requirements of Title 41, Chapter 4, Article 4, and such disbursements and expenditures shall not be restricted or subject to any other requirements for any general or special appropriations.
Ala. Code § 2-1-1 — Alabama Code / Title 2 / Chapter 1 / Section 2-1-1
Section 2-1-1 Definitions
Status: in_force

When used in this title, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) PERSON. An individual, a partnership, a corporation or two or more individuals having a joint or common interest.

(2) SELL or SOLD. The sale, keeping for sale, offer or exposure for sale, having in possession for sale, delivery or distribution in this state of the product or article in question.

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

(4) COOPERATIVE. A cooperative marketing association for marketing of farm products.
Ala. Code § 2-6-11 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-11
Section 2-6-11 Legislative Findings
Status: in_force

The Legislature finds that the Garrett Coliseum and the Alabama Agricultural Center, hereinafter the facility, is a significant historic facility owned by the State of Alabama and which faces imminent closure because of operational and public safety concerns if it is not restored, renovated, and improved. The facility was designed in 1949 by Betty Robinson, the first woman graduate from Auburn University with a degree in architecture. The facility, completed in 1953, is of historic and cultural significance to the State of Alabama and its restoration will enhance opportunities for economic development that will benefit the state. The Legislature further finds that the most efficient way to restore the facility and to operate it profitably is for the Alabama Agricultural Center Board, hereinafter referred to as the board, to enter into agreements with public institutions and other entities through which the use of private funding is primarily used to restore, renovate, and improve the facility. To assist the board with the restoration, renovation, further development, and improvement of the facility, the Legislature will provide for an annual continuing appropriation to the board as specified herein.
Ala. Code § 2-20-6 — Alabama Code / Title 2 / Chapter 20 / Section 2-20-6
Section 2-20-6 Applicability of Laws Relative to Inspection, Suspension from Sale, Seizure, Etc
Status: in_force

The provisions of Article 2 of Chapter 2 of this title shall be applicable to the provisions of this chapter.
Ala. Code § 11-44C-40 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-40
Section 11-44C-40 Mayor Authorized to Employ Additional Personnel; Amount Available for Salaries; Not Subject to Merit System
Status: in_force

The mayor is hereby authorized to employ such additional personnel who shall serve at the pleasure of the mayor, and for such purposes an additional $100,000.00 per annum shall be made available for the salaries of such personnel from the city treasury. Said personnel shall not be subject to the provisions of the merit system. This section shall not limit the authority of said mayor to appoint other employees of said city under the provisions of the merit system or otherwise where authorized by any other law.
Ala. Code § 11-43-87 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-87
Section 11-43-87 Filling of Vacancies for Mayor, President of Council, Etc., in Class 3 Municipalities
Status: in_force

(a) Unless otherwise provided by local law, in the event of the absence or disability of the mayor of all Class 3 municipalities, 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.

(b) Unless otherwise provided by local law, vacancies in the offices of mayor, president, and president pro tempore of the council, and vacancies in the council, of Class 3 municipalities shall be filled as herein provided.

(1) In the event of a vacancy from any cause in the office of mayor occurring with more than one year remaining in the vacated term, the president of the council shall call for a special election to fill the vacancy. Such election shall be set no later than 120 days nor less than 60 days after the occurrence of such vacancy. The person elected at the special election shall serve the remainder of the unexpired term. Such election shall be held in conjunction with a general, special, or constitutional election, if any falls within the period herein specified; otherwise, the special election shall be called on the date set by the council and shall be held in accordance with the provisions of this section and the general laws applicable to such city.

(2) In the event of a vacancy from any cause in the office of mayor occurring with one year or less remaining in the vacated term, the president of the council shall succeed to the office of mayor for the unexpired term, or in the absence or disability of the president of the council, the functions of the vacant office of mayor shall be exercised by the president pro tempore of the council.

(3) 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.

(4) In the event of a vacancy in the office of the president pro tempore, the office shall be filled by the council from the membership of the council.

(5) Vacancies of any nature in the council other than those occurring less than 180 days prior to the date of the next regular council election, shall be filled by special election to be held for that purpose, the dates of which shall be set by the council at the next regular meeting or any subsequent meeting of the council after such vacancy occurs, such date to be set no later than 120 nor less than 60 days after the occurrence of such vacancies. Such election shall be held in the same manner and subject to the same procedures as regular council elections and the person so elected shall hold office for the remainder of the unexpired term. Such election shall be held in conjunction with a general, special, or constitutional election, if any falls within the period herein specified; otherwise, a special election shall be called by the mayor on the date set by the council and shall be held in accordance with the provisions of this section and the general laws applicable to such city.

If a vacancy occurs after reapportionment has changed the district boundaries but before the new districts take effect, the old district boundaries will remain in effect for filling that vacancy.

Vacancies where less than 180 days remain of the unexpired term shall be filled by appointment by the council.

(c) Special elections called pursuant to this section shall be conducted as provided by the general laws of this state regarding municipal elections.

(d) The procedures provided in this section shall be used, unless otherwise provided by local law, for any vacancies existing on or after April 3, 1990.
Ala. Code § 11-66A-22 — Alabama Code / Title 2 / Chapter 66A / Section 11-66A-22
Section 11-66A-22 Anti-poaching
Status: in_force

If a qualified enterprise exists in the state, then the qualified enterprise, or any portion thereof, cannot relocate into a research and development corridor or otherwise be deemed or treated as a qualified enterprise unless the governing body of each municipality within whose corporate limits the qualified enterprise, or portion thereof, exists consents to the relocation.
Ala. Code § 2-3A-5 — Alabama Code / Title 2 / Chapter 3A / Section 2-3A-5
Section 2-3A-5 Officers of the Authority
Status: in_force

The officers of the authority shall consist of a chairman, vice chairman, secretary, treasurer and such other officers as the board shall deem necessary or appropriate. The offices of secretary and treasurer may, but need not, be held by the same person. The Commissioner of Agriculture and Industries shall be the chairman of the authority; the vice chairman of the authority shall be elected by the board from the membership thereof; the secretary, the treasurer and any other officers of the authority may, but need not, be members of the board and shall also be elected by the board.
Ala. Code § 11-44C-37 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-37
Section 11-44C-37 Mayor - Powers and Duties
Status: in_force

All executive powers of the city shall be vested in the mayor and the mayor shall be the head of the executive and administrative branches of the city government. He may attend council meetings but may not vote in its proceedings and he shall have the power and duties herein conferred. The mayor shall be responsible for the proper administration of all affairs of the city, and, except as otherwise provided herein, he shall have the power and shall be required to:

(1) Enforce all laws and ordinances,

(2) Appoint and remove, when necessary for the good of the service, all officers and employees of the city except those appointed by the council. Such appointment and removal of personnel are subject to any merit system provisions in effect at such time, except for those officers and employees who are exempted from the merit system by other sections of this chapter,

(3) Appoint the members of the Airport Authority and the Industrial Development Authority. The members of the Airport Authority and Industrial Development Authority shall be subject to confirmation by a vote of five members of the council, and the housing board. The members of the planning commission shall be appointed pursuant to Section 11-52-3,

(4) Exercise administrative supervision and control over all departments created by this chapter or by law or hereafter created by the council, except those otherwise given independent status under this chapter,

(5) Keep the council fully advised as to the financial conditions and needs of the city; prepare and submit the budget annually to the council and be responsible for its administration after its adoption; prepare and submit, as of the end of the fiscal year, a complete report on the financial and administrative activities of the city for such year,

(6) Recommend to the council such actions as he may deem desirable,

(7) Prepare and submit to the council such reports as may be required of him,

(8) Perform such other duties as may be prescribed by this chapter,

(9) Fix the salaries or compensation of all officers and employees of the city who are appointable by the mayor, subject, however, to the provisions of any merit law applicable to the city.
Ala. Code § 11-71-9 — Alabama Code / Title 2 / Chapter 71 / Section 11-71-9
Section 11-71-9 Dedication of Facilities and Projects
Status: in_force

Following completion of all projects of an authority and the dedication of the projects and related facilities, the municipality must formally accept the dedication of such facility and projects.
Ala. Code § 2-11-58 — Alabama Code / Title 2 / Chapter 11 / Section 2-11-58
Section 2-11-58 Disposition of Fees and Charges
Status: in_force

All fees and charges collected under this article shall be deposited with the State Treasurer to the credit of the Department of Agriculture and Industries.
Ala. Code § 2-26-10 — Alabama Code / Title 2 / Chapter 26 / Section 2-26-10
Section 2-26-10 Maintenance, Inspection, Etc., of Records as to Receipt, Sale and Delivery of Seeds Generally; Maintenance of Sales Records by Retail Sellers; Maintenance of Bills of Lading, Waybills, Etc., by Trucks, Etc., Transporting Seed for Sale, Etc.; Auditing of Records of Receipts, Sales and Deliveries of Seeds
Status: in_force

(a) Records of receipts, sale and delivery of all seed, other than retail sales and deliveries by a dealer, except as provided in subsection (b) of this section, shall be kept readily accessible for examination by an authorized agent of the Department of Agriculture and Industries. These records shall include invoices, bills of lading or transportation records and a copy of the labeling information, and these records must show the lot numbers. Such records must be made available to the inspectors within 10 days after receipt of seeds which said records cover. Such records as are surrendered shall be duplicated and a copy left with the owner or party in question. Records shall be kept by the dealer for a period of three years; except, that a file sample of each lot of seed shall be kept for one year after final disposition of the lot in order to carry out the purpose of effective administration of this article.

(b) All retail seed sales having a value in excess of an amount to be fixed by the State Board of Agriculture and Industries shall be accompanied by an invoice or a sales ticket issued by the seller bearing the name and address of the seller and purchaser, the kind and variety of seed sold, the quantity of seed in each lot and the lot number or numbers for each kind and variety of seed sold or delivered. Such sales records shall be kept by the retail seller for a period of one year following sales, and such records shall be made available for inspection and examination by the Commissioner of Agriculture and Industries or his authorized agent upon request. Such records shall also be made available to any committee created by law for investigation and arbitration purposes for its examination and review.

(c) Trucks and other motor conveyors transporting seed for sale, to be sold to consumers or distributed, and using the Alabama public highways shall have available for examination at any time by an authorized agent of the Department of Agriculture and Industries a bill of lading, waybill or a delivery receipt showing the name of shipper or party from whom purchased, the name and address of the party to whom the seed is to be delivered, the kind and amount of each separate kind of seed, except that all vegetable seed can be grouped as “garden seed,” and the name of the truck line or other carrier making delivery of the seed. A copy of the bill of lading, invoice or delivery receipt shall be left with the consignee.

(d) Records of receipts, sales and deliveries of all seed sold in Alabama shall be kept readily accessible for auditing by an authorized agent of the Department of Agriculture and Industries at reasonable times during business hours to determine whether sellers of seed comply with Section 2-26-5 with respect to payment of the permit fee required thereunder, and such information as obtained shall be treated as confidential, and no employee shall divulge the information obtained from such an audit, but nothing in this subsection shall be construed to prevent the commissioner, his authorized agents or employees or a committee created by law for investigation and arbitration purposes from having access to records for examination and review as authorized by subsection (a) of this section.
Ala. Code § 2-8-124 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-124
Section 2-8-124 Application for Certification and Approval to Conduct Referendum - Action by Board on Application
Status: in_force

Upon the filing with the State Board of Agriculture and Industries of such application as is provided for in Section 2-8-123, on the part of any commission, council, board, other agency or association, the said board shall, within 30 days thereafter, meet and consider the application. If upon such consideration the said board shall find that the commission, council, board, other agency or association making such application is fairly representative of and has been duly chosen and delegated as representative of the growers producing such commodity, and the board shall otherwise find and determine that such application is in conformity with the provisions of this article and the purposes stated in this article, it shall be the duty of said board to certify such commission, council, board, other agency or association as the duly delegated and authorized group or organization representative of the commercial growers and producers of such agricultural commodity and to likewise certify that such organization is duly authorized to conduct among the growers and producers of such commodity a referendum for the purposes stated in this article.
Ala. Code § 11-48-12 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-12
Section 11-48-12 City or Town Engineer, Etc., to Supervise Work, Appointment of Engineer, Etc
Status: in_force

All work done or improvements made under the provisions of this article shall be done under the supervision of the city or town engineer or other superintendent appointed for that purpose by the council of such city or town; provided, that the city or town engineer or other superintendent so appointed shall not be related by blood or by marriage to any contractor to whom work is awarded under the terms of Section 11-48-11 or, if said contractor is a corporation, to any stockholder thereof. Said city or town engineer or other superintendent so appointed shall not be interested in or have any share in the proceeds of any construction contract or any contract for the sale of materials to be employed in said work nor be a stockholder in the company selling said materials, nor shall said engineer or other superintendent so appointed be employed, directly or indirectly, by any parties having an interest in the proceeds of any such construction or sale of contract.
Ala. Code § 2-8-325 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-325
Section 2-8-325 Enforcement and Collection of Assessments; Revocation of Certification
Status: in_force

The commissioner, through the Department of Agriculture and Industries, shall enforce and collect the assessments levied upon sellers of the sheep or goat producers and shall enforce the rules and regulations of the board. The board, at any time, may revoke or cancel the certification of an association if the association is not carrying out its promotional program in accordance with this article and the rules and regulations promulgated thereunder. Before any certification may be revoked, the certified association shall be given notice and an opportunity to be heard by the board upon the question of whether its certification should be revoked.
Ala. Code § 11-75-1 — Alabama Code / Title 2 / Chapter 75 / Section 11-75-1
Section 11-75-1 Establishment of and Participation in a Regional Law Enforcement Training Facility Authority
Status: in_force

(a) The municipal council of two or more municipalities, by resolution and with the initial consent of their respective mayors, may establish a regional law enforcement training facility authority for the purpose of constructing, maintaining, and operating a regional law enforcement training facility.

(b) A municipality that desires to join an existing regional law enforcement training facility authority, by resolution and with the initial consent of the mayor, may request participation in the existing regional law enforcement training facility authority. The regional law enforcement training facility authority, by resolution, may approve the requesting municipality’s participation in the authority and, if approved, the municipality shall participate with all rights and obligations of the original municipalities participating in the regional law enforcement training facility authority.
Ala. Code § 11-49B-3 — Alabama Code / Title 2 / Chapter 49B / Section 11-49B-3
Section 11-49B-3 Filing of Application; Authorization of Incorporation by Governing Body of Authorizing County
Status: in_force

(a) A public corporation may be organized pursuant to this chapter in any Class 1 municipality. Not less than three natural persons may incorporate a public corporation by filing a written application with the governing body of the county and with the governing body of the Class 1 municipality, which application shall:

(1) Contain a statement that the authority proposes to render public transportation service in the Class 1 municipality and surrounding counties.

(2) State the proposed location of the principal office of the authority, which shall be within the county in which the application is filed.

(3) State that each of the applicants is a duly qualified elector of the county where the application is filed.

(4) Request that the 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 pursuant to Section 11-49B-4.

(b) The applications shall, except in their designation of the governing body to which they are addressed and with which they are filed, be identical, and shall be accompanied by any supporting documents or evidence that the applicants consider appropriate. As promptly as may be practicable after the filing of the applications with them in accordance with the provisions of this section, the governing bodies of the county and the municipality with which the application was filed shall review the contents of the application and shall adopt resolutions either:

(1) Denying the application.

(2) 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 under Section 11-49B-4.

(c) 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 the governing body at which final action upon the application is taken.
Ala. Code § 11-44-105 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-105
Section 11-44-105 Adoption of Ordinances by Initiative and Referendum
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-15-253 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-253
Section 2-15-253 Distribution of Anti-hog Cholera Serum and Other Immunizing Agents by Department to Owners of Commercial Garbage-Fed Swine, Etc
Status: in_force

The livestock sanitary division of the Department of Agriculture and Industries shall distribute anti-hog cholera serum or other approved immunizing agent at a price equal to all cost of the product, storage and distribution thereof to said department to owners of hogs in Alabama for use on commercial or commercial garbage-fed herds of swine in Alabama and to all other owners of hogs in Alabama who are not entitled to free distribution of said serum or other approved immunizing agent under Section 2-15-251; provided, that whenever said serum or other approved immunizing agent is distributed as provided in this section, said serum or any other approved immunizing agent shall be applied for and distributed in the manner provided in Section 2-15-251.
Ala. Code § 2-1-2 — Alabama Code / Title 2 / Chapter 1 / Section 2-1-2
Section 2-1-2 Acts or Omissions of Officers or Agents
Status: in_force

When construing and enforcing 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, the act, omission or failure of any officer, agent or other person acting for or employed by any individual, partnership, corporation or by two or more individuals having a joint or common interest shall in every case also be deemed to be the act or omission or failure of such individual, partnership, corporation or of two or more individuals having a joint or common interest.
Ala. Code § 11-43A-31 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-31
Section 11-43A-31 Payment and Deposit of Municipal Funds
Status: in_force

The council shall prescribe, by ordinance, the method of paying out funds of the municipality. Checks and warrants shall be signed by at least two officers of the municipality and the council shall designate the said two officers by ordinance. All funds of the municipality shall be deposited in such depositories as may be designated by resolution of the council.
Ala. Code § 2-23-8 — Alabama Code / Title 2 / Chapter 23 / Section 2-23-8
Section 2-23-8 Sale or Offer for Sale of Agricultural Liming Materials Not Complying with Provisions of Chapter, Etc.; Sale or Offer for Sale of Agricultural Liming Materials Containing Toxic Materials in Quantities Injurious to Plants or Animals
Status: in_force

(a) No agricultural liming materials shall be sold or offered for sale in this state unless they comply with provisions of this chapter or rules and regulations promulgated hereunder.

(b) No agricultural liming materials shall be sold or offered for sale in this state which contain toxic materials in quantities injurious to plants or animals.
Ala. Code § 11-44B-5 — Alabama Code / Title 2 / Chapter 44B / Section 11-44B-5
Section 11-44B-5 Conduct of Elections; Qualifications of Mayor and Council; Qualifying Fee
Status: in_force

The elections provided for herein, and all subsequent elections, shall be conducted, the vote canvassed, and the results declared in the same manner as provided by the general law of the state pertaining to municipal elections for mayor-council forms of government, except as otherwise herein provided by this article.

The mayor shall be elected by the whole of the electors of the city, shall be a qualified elector of the city, and shall have been a resident of the city for at least 90 days prior to his election and shall reside within the limits of the city during his term of office. Council members shall be elected by the electors of the district which they represent, shall be qualified electors of the city, shall have been residents of the district which they represent for at least 90 days prior to their election, and shall reside in said district during their term of office. Any person desiring to become a candidate for mayor or council member must, at the time of filing their statement of candidate, pay to the city clerk a qualifying fee in the amount of $200.00. If any person desiring to become a candidate for mayor or council member is financially unable to pay said filing fee, then they shall file with the city clerk a verified statement of indigency supported by three verified statements of city electors to the effect that said candidate is not financially capable of paying the aforementioned filing fee.
Ala. Code § 11-57-2 — Alabama Code / Title 2 / Chapter 57 / Section 11-57-2
Section 11-57-2 Legislative Intent; Construction of Chapter Generally
Status: in_force

(a) It is the intention of the Legislature by the passage of this chapter to empower each incorporated municipality in the state to authorize the incorporation of one or more public corporations as political subdivisions of the state for the purpose of providing public library facilities for lease to and use by the municipality, to invest each corporation organized under this chapter with all powers that may be necessary to enable it to accomplish such purposes, including the power to lease its properties and to issue interest-bearing revenue bonds and to grant to each such municipality power to rent such public library facilities on a year to year basis.

(b) This chapter shall be liberally construed in conformity with the said intent.
Ala. Code § 2-15-290 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-290
Section 2-15-290 When Tick Eradication to Be Commenced Within County; Expenditures by County Upon Commencement of Tick Eradication by State Board; County Commissions to Make Appropriations for Tick Eradication
Status: in_force

The work of tick eradication shall be taken up in all counties that shall be at any time partially or completely tick infested under the rules and regulations of the State Board of Agriculture and Industries. Where the State Board of Agriculture and Industries has begun the work of tick eradication in any county or in part of any county, the county shall not have authority to make any expenditure, except for preferred claims enumerated by the statutes, until provision has been made for financing the county’s part of such work.

The county commission of the county shall make adequate appropriations to execute the law relating to such tick eradication in good faith.
Ala. Code § 11-43D-16 — Alabama Code / Title 2 / Chapter 43D / Section 11-43D-16
Section 11-43D-16 Administrative Assistants
Status: in_force

Upon the request of the mayor, the council may establish not more than two positions of administrative assistants to the mayor and establish the salary for said positions. Once established, the mayor shall appoint a person or persons to hold said position or positions. These positions shall not be subject to the rules and regulations of any civil service or merit system applicable to said city.
Ala. Code § 2-27-30 — Alabama Code / Title 2 / Chapter 27 / Section 2-27-30
Section 2-27-30 Establishment and Operation; Policy Committee and Executive Committee Therefor
Status: in_force

The commissioner and state Department of Agriculture and Industries shall have authority to provide for the establishment and operation of a laboratory to obtain reliable analysis of raw and processed agricultural products, the materials used in production of agricultural products for harmful pesticide residues for the protection of public health and interest, to aid in developing and expanding markets for agricultural products, the protection and production of fish and wildlife, and the use of recreational areas as related to pesticide residues. In connection therewith, there shall be established a policy committee to be composed of the following:

(1) The Director, Alabama Cooperative Extension Service, who shall be chairman of the committee;

(2) The Commissioner of the Department of Agriculture and Industries;

(3) The Director, Alabama Experiment Station System;

(4) The State Health Officer;

(5) The Commissioner of the Department of Conservation and Natural Resources;

(6) The president, or a representative named by him, of the following organizations or associations:

a. Alabama Farmers Federation;

b. Alabama Dairy Products Association;

c. Alabama Feed Dealers Association;

d. Alabama Poultry Industry Association;

e. Alabama Fisheries Association;

f. Alabama Cattlemen’s Association;

g. Alabama Pesticide Institute; and

h. A representative of the Alabama Farmers Federation Dairy Committee and one person engaged in the production and/or marketing of fruits and vegetables, to be appointed by the Commissioner of Agriculture and Industries.

The advisory committee may select from among their number an executive committee, who shall have and exercise such authority as the advisory committee may determine. The members of the advisory committee and executive committee shall not be entitled to any remuneration whatever for the performance of their functions. Members of such committee may be represented at meetings by their proxies.
Ala. Code § 11-42-200 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-200
Section 11-42-200 Passage of Resolution Defining Proposed Reduced Corporate Limits
Status: in_force

Whenever in the opinion of the council or governing body of any city or town the public health or public good requires that the corporate limits of such town or city be reduced and the boundaries thereof reestablished, said council shall pass a resolution defining the proposed corporate limits.
Ala. Code § 11-44-131 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-131
Section 11-44-131 Removal of Commissioners - Certification of Lists of Electors to Probate Judge Where Municipality Situated in Two or More Counties
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-54B-81 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-81
Section 11-54B-81 Definitions
Status: in_force

As used in this article, the following words and phrases have the following meanings:

(1) AREA. In the case of a self-help business improvement district formed to promote economic growth, the geographical area or areas comprising the parcels of real property designated to be located within the district, regardless of whether the individual parcels are subject to the special assessment.

(2) DISTRICT MANAGEMENT CORPORATION. An entity created by incorporation under the Alabama Nonprofit Corporation Act, Chapter 3 of Title 10A, and designated by ordinance by the municipality to administer and provide services to a self-help business improvement district.

(3) DISTRICT MEMBER. In the case of a self-help business improvement district established to promote economic growth, an owner of real property who is to benefit from and pay the special assessment to fund supplemental services or, in the case of a self-help business improvement district established to increase tourism, an owner or operator of a business in a particular class who is to benefit from and pay the special assessment to fund supplemental services.

(4) MUNICIPALITY. Any Class 3 municipality as defined in Section 11-40-12.

(5) OWNER OF REAL PROPERTY. In the case of a self-help business improvement district to promote economic growth, an owner of any parcel of real property who is to benefit from and pay the special assessment under the self-help business improvement plan.

(6) SELF-HELP BUSINESS IMPROVEMENT DISTRICT or DISTRICT. An area within the municipality designated by ordinance in which a special assessment may be levied on the owners of real property located within the area to provide supplemental services in order to promote the economic growth of the district or, alternatively, an area or areas designated by ordinance in which a special assessment may be levied on businesses of a particular class located within the area or areas to provide supplemental services in order to increase tourism in the municipality.
Ala. Code § 11-50A-25 — Alabama Code / Title 2 / Chapter 50A / Section 11-50A-25
Section 11-50A-25 Public Service Commission Review and Regulation
Status: in_force

The authority shall be subject to the provisions of Title 37 to the extent set out herein. The public service commission shall review all bond resolutions, power sales contracts and other agreements entered into by the authority and and municipality and any investor-owned utility presently regulated by the public service commission that may affect the rates of the authority in order to determine if the rates to be charged by the authority pursuant to such resolutions, contracts and other agreements are reasonable and in the public interest; such bond resolutions and contracts shall not be effective if the rates to be charged by the authority as provided therein are disapproved by the public service commission within 30 days after submission of such resolutions, contracts and other agreements by the authority to the commission. In determining whether to approve any rates to be charged by the authority pursuant to such bond resolutions, contracts, or other agreements, the public service commission shall consider the purpose for which the authority is established, the provisions of Section 11-50A-18 and the need to: (i) encourage conservation of energy supplied by the authority, (ii) encourage the optimization of the efficiency of use of facilities and resources; and (iii) promote equitable rates to electric consumers. The public service commission shall approve accounting regulations for the authority, which regulations shall be consistent with the accounting regulations established generally in other states for entities similar to the authority, taking into account the provisions of this chapter with respect to the payment of all costs associated with the production of electricity by the authority and the payment of any securities issued by it to finance facilities to be owned by the authority.

The public service commission shall prescribe minimum standards regarding the placement and construction of transmission lines, substations and related facilities used in the transmission of electricity that are owned and operated by the authority.

No plant, property or facility for the production, transmission, delivery or furnishing of electricity shall be constructed by the authority if such facility is to be owned exclusively by the authority until the issuance by the public service commission of a certificate of convenience and necessity pursuant to Section 37-4-28.
Ala. Code § 2-15-194 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-194
Section 2-15-194 Cooperation with Federal Agencies
Status: in_force

The Commissioner of Agriculture and Industries and the State Veterinarian, with the approval of the State Board of Agriculture and Industries, shall be authorized to cooperate with appropriate officials and agencies of the United States Department of Agriculture and to enter into agreements with such officials and agencies for the purpose of carrying out any brucellosis disease control and eradication program as may be adopted under the provisions of this article.
Ala. Code § 11-42-164 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-164
Section 11-42-164 Annexation Agreement Deemed Contract Between Municipalities; Right of Persons Residing in Annexed Municipality to Enforce Agreement Against Annexing Municipality
Status: in_force

The agreement of annexation shall be and shall be held to be a contract by and between the city or town annexed and the city or town to which annexation is made, and no amendment of this article or subsequent law enacted shall in anywise abrogate or change the terms of the agreement of annexation, and any person residing in or owning property in the territory which was embraced within the city or town annexed shall have the right in a court having jurisdiction to require the annexing city or town to abide by and carry out the provisions of the agreement of annexation.
Ala. Code § 2-25-1 — Alabama Code / Title 2 / Chapter 25 / Section 2-25-1
Section 2-25-1 Definitions
Status: in_force

When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) PLANT PEST. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or parts thereof or any processed, manufactured, or other products of plants and which may be a serious agricultural or horticultural threat in Alabama. Evidence of a plant pest shall be considered a public nuisance.

(2) NOXIOUS WEED. Any living stage, including, but not limited to, seeds and productive parts of a parasitic or other plant of a kind, or subdivision of a kind, which may be a serious agricultural threat in Alabama. Evidence of noxious weed shall be considered a public nuisance.

(3) PLANTS and PLANT PRODUCTS. Trees, shrubs, vines, forage and cereal plants and all other plants, cuttings, grafts, scions, buds and all others parts of plants and fruit, vegetables, roots, bulbs, tubers, seeds, wood, lumber, and all other products made therefrom.

(4) NURSERY STOCK. All plants, trees, shrubs, vines, cuttings, grafts, scions and buds grown or kept for or capable of propagation, distribution or sale, unless specifically excluded by the rules and regulations promulgated pursuant to this article.

(5) NURSERY. Any grounds or premises on or in which nursery stock is grown or propagated for sale or distribution.

(6) NURSERYMAN. Any person engaged in the production of nursery stock for sale or distribution to include any person who obtains nursery stock for the purpose of growing it to a more mature size over a period of one growing season or more.

(7) DEALER. Any person not a grower of nursery stock who buys, receives on consignment or otherwise acquires and has in his possession nursery stock for the purpose of offering or exposing for sale, reselling, reshipping or distributing same. A person from out of state selling nursery stock directly to the public from a vehicle or from any other location within the state shall be considered a dealer whether such nursery stock is grown by him or not, and such person must comply with all requirements pertaining to the sale of nursery stock in Alabama. It shall include any person who is authorized to represent a nurseryman, another dealer or another agent in soliciting wholesale or retail orders for the sale of nursery stock, but who keeps no nursery stock on hand for sale, display or advertising purposes or for delivery at the time an order is taken.

(8) PLACES. Vessels, railroad cars, automobiles, aircraft, and other vehicles, buildings, docks, nurseries, orchards and other premises where plants or plant products are grown, kept or handled.

(9) INFESTATION. The actual presence of plant pests and/or noxious weeds or the existence of circumstances that make it reasonable to believe plant pests and/or noxious weeds are present.

(10) COMMISSIONER. The Commissioner of Agriculture and Industries or his authorized representatives.

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

(12) PERSON. Any individual, corporation, company, society, association or other business entity.

(13) DISTRIBUTION. The movement of nursery stock from the property where it is grown or kept to any other property that is not contiguous thereto, regardless of the ownership of the properties concerned.
Ala. Code § 11-50-532 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-532
Section 11-50-532 Dissolution
Status: in_force

When all obligations incurred by the corporation and all bonds issued by it shall have been paid in full or provision for payment thereof shall have been made by appropriate, segregation and deposit of funds sufficient for such purposes, then and in such event the corporation may be dissolved by resolution adopted by vote of a majority of the board, which resolution shall set out the plan of dissolution and shall designate three directors who shall act as trustees in dissolution of the corporation. A copy of such resolution, duly certified by the secretary of the corporation under its seal, shall be filed with the Secretary of State, and, if it shows compliance with the foregoing requirements, it shall be recorded by the Secretary of State with the certificate of incorporation. Upon such filing and recording the corporation shall thereupon stand dissolved, and the trustees in dissolution named in such resolution shall thereupon proceed to wind up the business and affairs of the corporation, including the carrying out of the plan of dissolution as specified in such resolution and the conveyance or distribution to the municipalities specified in such plan of the properties and assets of the corporation. Such plan shall provide that the local distribution system (not including transmission lines or generating facilities or like facilities) owned by the corporation and located within the corporate limits of a municipality and within the police jurisdiction of any such municipality shall be conveyed to such municipality and shall provide for sale of the assets of the corporation then remaining and the distribution of the proceeds of such sale among the municipalities in the power district in direct proportion to the net operating income of the corporation derived from the unit of any utility located in such municipalities.
Ala. Code § 11-49-62 — Alabama Code / Title 2 / Chapter 49 / Section 11-49-62
Section 11-49-62 Issuance of Bonds to Pay Proportionate Share of Cost of Highway, Street, Etc
Status: in_force

Any city or town proceeding under Section 11-49-60 may issue bonds of the city or town for the improvements mentioned in said section to pay the cost of such public improvements agreed to be paid by said city or town, and may contract with the United States, the State of Alabama, or any county thereof or either of them to build or construct such streets, highways, or avenues and to pay either of them therefor in the same manner as private contractors are now paid.
Ala. Code § 11-54-80 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-80
Section 11-54-80 Definitions
Status: in_force

Wherever used in this division, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings:

(1) INDUSTRIAL DEVELOPMENT BOARD or BOARD. Any industrial development board organized pursuant to the provisions of this division.

(2) MUNICIPALITY. Any incorporated city or town in this state with respect to which an industrial development board may be organized.

(3) PROJECT.

a. Any land and any building or other improvement thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by any one of the following or by any combination of two or more thereof:

1. Any industry for the manufacturing, processing or assembling of any agricultural, manufactured or mineral products.

2. Any commercial enterprise in storing, warehousing, or distributing any products of agriculture, mining, or industry, or providing hotel, motor inn services, specifically excluding public dormitories or student housing facilities for institutions of higher learning, including food or lodging services or both.

3. Any commercial enterprise providing linen rental services (including laundry and cleaning services related or incidental thereto) primarily to industries and commercial enterprises described in either of the preceding subparagraphs 1 and 2 and to institutions such as hospitals, nursing homes, other health care facilities and educational and training institutions.

4. Any enterprise for the purpose of research in connection with any of the following:

i. Any of the foregoing.

ii. The development of new products or new processes.

iii. The improvement of existing products or known processes.

iv. The development of facilities for the exploration of outer space or promotion of the national defense.

5. Any utility for the production of electricity by water power. In connection with a project described in this paragraph, “project” does not include facilities designed for the sale or distribution to the public of electricity, gas, water, or telephone, or other services commonly classified as public utilities.

6. Any commercial enterprise engaged in banking and specifically shall include bank holding companies.

b. Any project may consist of or include any facility necessary or appropriate for use by any industry or enterprise of the character described in the first sentence of this subdivision, including, without limiting the generality of the foregoing:

1. Office facilities designed for use by any industry or enterprise not only in connection with its operation in this state, but also for use by it as national, regional, or divisional offices in the management and supervision of its manufacturing, processing, assembling, storing, warehousing, distributing, selling, or research operations, wherever located.

2. Facilities for or useful in the control, reduction, abatement, or prevention of pollution of air or water or both.

c. This amendment, Acts 1983, No. 83-199, does not pertain to restaurants or food service operations which are not a part of hotels or motor inns mentioned above.

(4) GOVERNING BODY. The board or body in which the general legislative powers of the municipality are vested.
Ala. Code § 2-8-101 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-101
Section 2-8-101 Enforcement Duties of Commissioner; Revocation of Certification of Association
Status: in_force

It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities of the Department of Agriculture and Industries, to enforce and collect the assessment charges levied upon the sale of agricultural commodities under the provisions of this article and to enforce the rules and regulations of the State Board of Agriculture and Industries relative thereto. The State Board of Agriculture and Industries shall have authority at any time to revoke or cancel any approval or certification of an association in the event it finds that such association is not carrying out its promotional program in accordance with the provisions of this article and rules and regulations promulgated thereunder. Before any certification may be revoked, the certified association shall be given notice and an opportunity to be heard by the State Board of Agriculture and Industries upon the question of whether its certification should be revoked.
Ala. Code § 2-8-13 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-13
Section 2-8-13 Remittances to Treasurer of Association
Status: in_force

The Commissioner of Agriculture and Industries shall remit to the treasurer of the certified association all moneys paid to or collected by him on a quarterly basis between the first and fifteenth of January, April, July and October of each year, less a commission of three percent of the total amount so collected, which commission shall be deposited in the Agricultural Fund of the State Treasury. The amount remitted to the treasurer of the certified association shall be used and expended by such association for a promotional program in the manner provided by this article and the rules and regulations of the association.
Ala. Code § 11-53B-7 — Alabama Code / Title 2 / Chapter 53B / Section 11-53B-7
Section 11-53B-7 Payment of Costs
Status: in_force

The municipality, in ordering any repair or demolition the cost of which or any part thereof is to be assessed against any property in accordance with this chapter, may provide that the same shall be paid in cash within 30 days after the final assessment; provided, however, that if the assessed amount is greater than ten thousand dollars ($10,000), the property owner may, at his or her election, to be expressed by notifying the municipal official charged with the duty of collecting the assessments in writing within 30 days after the final assessment is determined, pay the final assessment in 10 equal annual installments, which shall bear interest at a rate not exceeding 12 percent per annum. Interest shall begin to accrue upon the expiration of 30 days from the date on which the final assessment is set by the governing body and the interest shall be due and payable at the time and place the assessment is due and payable.

Any person who elects to make installment payments may pay the outstanding balance of the final assessment together with all accrued interest thereon at any time during the installment payment schedule. The first installment shall be payable within 30 days after the final assessment is determined, and all installments thereof shall be payable at the office of the clerk, finance office, or treasurer of the city or town as may be prescribed. Upon full payment of the final assessments and accrued interest thereon, the municipality shall record a satisfaction of the lien in the office of the judge of probate of the county in which the municipality is located.
Ala. Code § 2-15-315 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-315
Section 2-15-315 Enforcement of Lien
Status: in_force

No get of any such sire shall be exempt from levy and sale under execution issued upon a judgment obtained in any court of competent jurisdiction for said service.
Ala. Code § 2-6-76 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-76
Section 2-6-76 Powers of Corporation - Issuance and Sale of Securities
Status: in_force

(a) The corporation is authorized to issue and sell its interest-bearing or noninterest-bearing securities, in one or more series, not exceeding $6,000,000.00, in aggregate principal amount, to provide funds to be used by the Board of Agriculture and Industries in the construction, acquisition and installation of a market facility and to be used by the Agricultural Center Board in the renovation of the coliseum.

(b) The principal of, premium, if any, and interest on any securities or series of securities of the corporation the proceeds of which are devoted to the construction, acquisition and installation of the market facility shall be payable from and secured by a pledge of all rents, leases, charges or other revenues derived or realized from leases to the public of said market facility after deduction of costs of operation. The principal of, premium, if any, and interest on any securities or series of securities the proceeds of which are devoted to the renovation and repair of the coliseum shall be payable from and secured by a pledge of all rents, leases, or any other revenue derived or realized from the public from operation of the coliseum, after deduction of costs of operation.

To the extent that the sources of revenue described above are insufficient to provide for the payment of the debts of the corporation, the principal of, premium, if any, and interest on the corporation’s securities may be secured by a pledge of so much as is necessary of the fees, permit fees, license fees, fines and penalties imposed, charged and collected by the Department of Agriculture and Industries and paid into the Agricultural Fund. There is hereby appropriated and set aside in each fiscal year, solely out of the fees, permit fees, license fees, fines and penalties accruing to the Agricultural Fund such amount as, when added to the revenues from operation of the market facility and the coliseum, net of costs of operation, shall be sufficient to pay the principal of, premium, if any, and interest on the corporation’s securities coming due in said fiscal year. Moneys in the Agricultural Fund which consist of contributions by the federal government or any private agency, appropriations by the Legislature from the General Fund, assessments collected for the promotion of agricultural industries and products as provided in Chapter 8 of Title 2, or any other funds other than funds realized from fees, permits, licenses, fines and penalties, shall not be used or pledged for payment of debt service on the corporation’s securities.

(c) Securities of the corporation may be authorized, issued and sold at any time and from time to time, may be in such form and denominations, may be of such tenor, shall be in registered form, may be payable in such installments and at such time or times not exceeding 20 years from their date, may be payable at such place or places, may be redeemable at such times and under such conditions and may bear interest at such rate or rates payable and evidenced in such manner or may be structured to bear no interest or to reflect compound interest, all as shall not be inconsistent with the provisions of this article and as may be provided in the proceedings of the board of directors of the corporation whereunder said securities shall be authorized to be issued. Securities of the corporation may be sold at such price or prices and at such time or times as the board of directors of the corporation may consider advantageous, either at public or private sale and by negotiation or by competitive bid; provided, that securities may be sold in a private sale and on negotiated terms only upon a finding by the president that a public sale of the securities is, under the circumstances existing at the time, either impractical or undesirable. Securities of the corporation sold by competitive bid must be sold, whether on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost to the corporation for the securities being sold, computed from their date to their respective maturities; provided, that if no bid acceptable to the corporation is received, it may reject all bids. The corporation may fix the terms and conditions under which each sale of bonds may be held; provided, that such terms and conditions shall not conflict with any of the requirements of this article. The corporation may allow or pay, from the proceeds of sale of its securities, all expenses, premiums, discounts, insurance premiums, letter of credit fees and commissions as the board of directors may deem necessary or advantageous in connection with the authorization, sale and issuance of its securities. All securities issued by the corporation and any interest coupons applicable thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. All securities issued by the corporation shall be solely and exclusively limited obligations of the corporation, payable out of the sources provided in this article, and shall not be obligations or debts of any kind of the state. All securities issued by the corporation shall contain a recital that they are issued pursuant to the provisions of this article, which recital shall be conclusive evidence that the said securities have been duly authorized pursuant to the provisions of this article.
Ala. Code § 11-46-103 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-103
Section 11-46-103 Election Supplies
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-11-50 — Alabama Code / Title 2 / Chapter 11 / Section 2-11-50
Section 2-11-50 Article Not Applicable to Saltwater Fish and Seafood
Status: in_force

This article shall not apply to saltwater fish and seafoods.
Ala. Code § 11-43A-8 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-8
Section 11-43A-8 Name of Governing Body; Composition of Council; Election of Council; Alternate Form for Class 6 Cities
Status: in_force

(a) The governing body provided for herein shall be known collectively as the “Council of the City (Town) of _____ (name of city or town to be inserted)” and shall have the powers and duties hereinafter provided. Except as hereinafter provided and as otherwise provided for in Section 11-43A-1.1, the council shall have five members. One member shall be the mayor, elected by the voters at large, to preside over the deliberations of the council. One member shall be a council member elected by the voters at large. Three members shall be council members elected by the voters from each of three single-member districts. The council first elected shall qualify and take office on the first Monday in November following the date of the next ensuing municipal election held for the election of members of a municipal governing body during a general municipal election year.

(b) In Class 6 cities, the municipal governing body, by resolution, may elect to have the council composed and elected as provided in subsection (a) or to have the alternate form as provided in this subsection. If the municipal governing body, by resolution, elects to have the alternate form, it shall immediately notify the judge of probate, who shall have the ballots for the election, authorized in Section 11-43A-3, prepared to pose the question of the adoption of the alternate form of government authorized in this section. The council shall have nine members. One member shall be the mayor, who shall be a voting member, elected by the voters at large, to preside over the deliberations of the council. Eight members shall be council members elected by the voters, two from each of four dual-member districts. The council first elected shall qualify and take office on the first Monday in October in an even-numbered year designated by the municipal governing body unless the election approving the change in the form of government was held in 1983, in which case the council shall qualify and take office on the first Monday in October 1986.

(c) Subsequent to the seating of the initial council, the next council shall be elected at an election to be held in accordance with provisions of the general municipal election laws.
Ala. Code § 11-47-18 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-18
Section 11-47-18 Provision for Lighting, Sprinkling, and Cleaning of Streets
Status: in_force

The council or other governing body of any town or city may provide for lighting, sprinkling, and cleaning the streets by contract or otherwise.
Ala. Code § 11-40-9 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-9
Section 11-40-9 Continuation of Present Organization
Status: in_force

The organization of cities and towns existing at the adoption of this Code shall continue until changed in accordance with the provisions of this Code or some subsequent statute.
Ala. Code § 11-48-35 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-35
Section 11-48-35 Effect of Sale of Property for Enforcement of Assessment Lien Upon Other Assessment Liens Upon Same Property
Status: in_force

The enforcement by the municipality of its lien for an assessment levied for one improvement by the sale of the property shall not operate to discharge or in any way affect the lien of any other assessment for a different improvement on the same property, but the purchaser at such sale shall take the property subject to the lien of all other assessments and the right of the municipality to enforce the same.
Ala. Code § 2-8-319 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-319
Section 2-8-319 Assessment Moneys Collected - Refunds
Status: in_force

Any sheep or goat producer against whom any assessment is made and collected under authority of this article, if dissatisfied with the assessment, may demand and receive from the treasurer of the certified association a refund of the amount of the assessment collected from the sheep or goat producer. A demand for refund must be made in writing within 30 days from the date on which the assessment is collected by the commissioner. The application for refunds of amounts collected shall give the name and address of the producer. Within 30 days after the first quarterly receipt of funds from the commissioner, and thereafter within 30 days after receipt of an application for a refund, the certified association shall, after the association determines that the assessment was paid as claimed in the application, refund the amount so paid as an assessment. The mailing by the association of a valid check in the amount of the assessment, payable to the sheep or goat producer, within 30 days after receipt of the application for refund, shall constitute a compliance with this section.
Ala. Code § 11-49A-9 — Alabama Code / Title 2 / Chapter 49A / Section 11-49A-9
Section 11-49A-9 Rates for Public Transportation Service
Status: in_force

Rates, fees, and charges for public transportation service rendered by the authority from any of its transit systems shall be fixed and from time to time revised as at all times to provide funds that, when added to all other revenues (including tax proceeds) anticipated to be received by the authority, will be at least sufficient:

(1) To pay the cost of operating, maintaining, repairing, replacing, extending, and improving systems from which such services are rendered;

(2) To pay the principal of and the interest on all bonds issued and obligations assumed by the authority, that are payable out of the revenues derived from operation of those systems, as the said principal and interest become due and payable;

(3) To create and maintain such reserve for the foregoing purposes or any of them as may be provided in any mortgage and deed of trust or trust indenture executed by the authority hereunder or in any resolutions of the board authorizing the issuance of bonds, the assumption of any obligation, or the acquisition of any such system; and

(4) To make such annual payments, if any, to the United States of America or any agency or instrumentality thereof, the state, municipalities, counties, departments, authorities, agencies, and political subdivisions of the state and any public corporations organized under the laws of the state as the authority may have contracted to make.
Ala. Code § 11-43B-30 — Alabama Code / Title 2 / Chapter 43B / Section 11-43B-30
Section 11-43B-30 Purchase of Labor Services, Materials, Etc., from Elected Officials or Employees
Status: in_force

Notwithstanding any statute or law to the contrary, any Class 4 municipality which adopts this form of mayor-council government may legally purchase or lease from any of the elected officials or employees of such municipality any labor, services, work, materials, equipment, or supplies under the competitive bidding procedures established by Section 41-16-50 et seq., and such elected official or employee may legally sell same to the municipality under those procedures. The elected official or employee, if he or she proposes to bid, shall not participate in the decision-making process determining the need for or the purchase of such personal service or personal property, or in the determination of the successful bidder. The council shall affirmatively find that the elected official or employee, from whom the purchase is to be made, is the lowest responsible bidder as required by said procedure. It shall be the duty and responsibility of the city clerk to file a copy of any contract awarded to any elected official or employee with the State Ethics Commission. All awards shall be as a result of original bid takings. It is the intention of the Legislature by the adoption of this section to specifically remove any statutory or legal prohibitions against a Class 4 municipality, which has adopted the mayor-council form of government under this chapter, dealing with its elected officials and employees in the purchase of personal services or personal property. In the event an elected official or employee offers to sell or submit a bid to the municipality for the sale of personal property or a contract for furnishing personal services, the official or employee shall make full disclosure of his or her ownership or extent of ownership in the business organization with which he or she is associated. In the event the business organization is a partnership, the names and addresses and percentage of ownership of the partners shall be disclosed. In the event the business organization is a corporation, the names and addresses and percentage of ownership of all stockholders shall be disclosed. The disclosure required hereunder shall be made under oath in the original bid submission to the municipality and in any contract or agreement entered into with the municipality.

The procedures in the preceding paragraph shall be permitted only for the purchase of items for which competitive bidding is required by state law. Otherwise, no elected official or city employee shall be interested, directly or indirectly, in any contract for work or materials, or the profits thereof, or services to be furnished or performed for the city.
Ala. Code § 11-42-45 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-45
Section 11-42-45 Designation of Voting Places and Boundaries for Voting
Status: in_force

The judge of probate may designate as many voting places within the territory proposed to be annexed as he may deem necessary for the convenience of the voters and must designate the boundaries within which the voters must reside to vote at the respective voting places.
Ala. Code § 11-68-4 — Alabama Code / Title 2 / Chapter 68 / Section 11-68-4
Section 11-68-4 Status of Commission as Nonprofit Agency Exempt from Taxation
Status: in_force

An historic preservation commission shall constitute a non-profit governmental agency whose funds shall be used exclusively for public purposes. Such commission shall have tax exempt status, and the properties of the commission and the income therefrom, together with all leases, agreements, and contracts made by it, shall be forever exempt from any and all taxation by the State of Alabama and any political subdivision thereof, including, but not limited to, income, admission, amusement, excise and ad valorem taxes.
Ala. Code § 11-46-130 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-130
Section 11-46-130 Offenses of Mayors and Other Executive Officers
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-47-136 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-136
Section 11-47-136 Prohibition of Sale, Etc., of Impure, Adulterated, Etc., Food, Drink, Etc.; Provision for Inspections; Fees
Status: in_force

All cities and towns of this state shall have the power to prohibit and prevent the gift, barter, sale, or display of impure or adulterated foods and drinks and of diseased or unsound meats or decayed fruits and vegetables or impure, adulterated, unsound, or unwholesome articles of food or drink of any kind and to provide all such inspection laws as may be deemed advisable or necessary and to prescribe and require the payment of all such reasonable fees as may be necessary to defray the expenses of carrying out the powers granted in this section.
Ala. Code § 11-70-5 — Alabama Code / Title 2 / Chapter 70 / Section 11-70-5
Section 11-70-5 Notice of Hearing
Status: in_force

(a) Not less than 30 days before the date on which the hearing on the quiet title and foreclosure petition is scheduled, the municipality shall do both of the following:

(1) Send a notice of the hearing to the interested parties identified under subsection (b) of Section 11-70-2 for each parcel named in the petition by both certified mail, return receipt requested, and regular mail.

(2) Post conspicuously on each property named in the petition notice of the hearing, which includes the following statement: “THIS PROPERTY HAS BEEN TRANSFERRED TO [NAME OF MUNICIPALITY] AND IS SUBJECT TO AN EXPEDITED QUIET TITLE AND FORECLOSURE ACTION. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY ARE REQUESTED TO CONTACT [NAME OF MUNICIPALITY].”

(b) Notices provided to the interested parties under this section shall include all of the following:

(1) The date on which the municipality recorded in probate court its notice of the pending expedited quiet title and foreclosure action under subsection (a) of Section 11-70-2.

(2) A legal description, tax parcel identification number, and the street address of the property, if available.

(3) The interested party or parties to whom the notice is addressed.

(4) The date, time, and place for the hearing on the petition for expedited quiet title and foreclosure and a statement that the judgment of the court may result in title to the property vesting in the municipality.

(5) Notice that the judgment of the court in the quiet title and foreclosure hearing may extinguish any ownership interest in, liens against, right to redeem, or any claim whatsoever secured by the property.

(6) The name, address, and telephone number of the municipality.

(7) A statement that persons with information regarding the owner or prior owner of any of the properties are requested to contact the municipality.

(8) That any party seeking to redeem the property will be required to pay all taxes, interest, penalties, and fees and any other charges due and owing under Chapter 10 of Title 40.
Ala. Code § 11-57-8 — Alabama Code / Title 2 / Chapter 57 / Section 11-57-8
Section 11-57-8 Powers - Generally
Status: in_force

The authority shall have the following powers and capacities, among others specified in this chapter, together with all powers incidental thereto or necessary to the discharge thereof:

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

(2) To sue others and to prosecute civil actions;

(3) To be sued by others in any form of litigation other than an action ex delicto and to defend any litigation brought against it;

(4) To have and use a corporate seal and to alter the same at pleasure;

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

(6) To acquire, whether by purchase, gift, lease, devise, or otherwise, property of every description which the board may deem necessary or desirable to the acquisition, construction, reconstruction, improvement, enlargement, equipment, operation, or maintenance of a project and to hold title thereto;

(7) To construct, enlarge, improve, equip, maintain, and operate one or more projects;

(8) To borrow money for any of its corporate purposes and to sell and issue in evidence of such borrowing its interest-bearing revenue bonds as provided in this chapter;

(9) To sell and issue refunding revenue bonds;

(10) To secure any of its bonds by pledge and indenture as provided in this chapter;

(11) To appoint, employ, and compensate such agents, architects, and legal counsel as the business of the authority may require;

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

(13) To invest any of its funds pending need therefor as provided in this chapter;

(14) To contract, lease, and make lease agreements respecting its properties or any thereof as provided in this chapter; and

(15) To sell and convey any of its properties that may have become obsolete or worn out or that may no longer be needed or useful in connection with or in the operation of any project; provided, that it shall not have the power to sell or convey any project substantially as a whole except as provided in this chapter.
Ala. Code § 11-54B-2 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-2
Section 11-54B-2 Definitions
Status: in_force

As used in this article, the following words and phrases shall have the following meanings:

(1) MUNICIPALITY. Any Class 1 municipality located in the State of Alabama.

(2) DISTRICT MANAGEMENT CORPORATION. An entity created by incorporation under The Alabama Nonprofit Corporation Act (Chapter 3A of Title 10), and designated by ordinance to manage a self-help business improvement district.

(3) SELF-HELP BUSINESS IMPROVEMENT DISTRICT. A geographical area, whether or not contiguous, within a municipality designated by ordinance as an area in which a special assessment may be levied on the owners of the real property located within the geographical area of the district for the purposes of providing supplemental services within the district and promoting the economic and general welfare of the district.
Ala. Code § 2-8-235 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-235
Section 2-8-235 Authority of Certified Association to Conduct Referendum on Assessment
Status: in_force

Upon being so certified by the State Board of Agriculture and Industries, such organization shall thereupon be fully authorized and empowered to hold and conduct on the part of the Alabama wheat, corn, grain sorghum, and oats producers a referendum wherein they shall be entitled to vote on the question of whether or not they shall levy upon themselves an assessment under and subject to and for the purpose stated in this article. The referendum shall be conducted on a statewide basis.
Ala. Code § 11-46-131 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-131
Section 11-46-131 Offenses of Clerks
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-44-101 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-101
Section 11-44-101 Requirements, Etc., as to Petitions
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-43-121 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-121
Section 11-43-121 Payment of Interest Upon Warrants Not Paid for Lack of Funds; Additional Duties
Status: in_force

If no interest is stipulated to be paid on warrants drawn upon the treasurer and not paid for want of funds, then the legal rate shall be allowed from the time of presentation, which time shall be endorsed by the treasurer on the warrant with his signature, but no interest shall be paid on such warrants after notice has been posted in the office of the treasurer or in the office of the mayor that such warrants will be paid on demand. The treasurer shall perform such other duties as may be required of him by the council or by law.
Ala. Code § 11-49-2 — Alabama Code / Title 2 / Chapter 49 / Section 11-49-2
Section 11-49-2 Regulation of Cellar Openings, Stairways, Signs, Etc., on Sidewalks; Regulation, Construction, Etc., of Sidewalk Repairs
Status: in_force

Cities and towns may prohibit openings being made on the sidewalks for cellar entrances and may close the same and may prescribe plans and specifications to be followed for such openings, if allowed. They may prohibit stationary or movable stands from being placed on the sidewalks and do any and all things necessary to secure free and ample passageway thereon, including the removal of stairways. They may prohibit the erection of awnings and verandas and signs hanging over the streets and sidewalks and may prescribe plans and specifications therefor, if allowed. They shall require the sidewalks to be kept in repair and, if not repaired by the owners of property abutting thereon, upon reasonable notice, to be determined by the council in the manner to be provided by ordinance, they may be repaired by the municipality at the owner’s expense, and the amount expended therefor shall be a lien upon the property, which, with interest, may be collected as taxes or assessments are collected.
Ala. Code § 11-59-9 — Alabama Code / Title 2 / Chapter 59 / Section 11-59-9
Section 11-59-9 Bonds - Form, Terms, Denominations, Etc.; Execution, Sale, Delivery, Redemption, Etc.; Refunding of Bonds
Status: in_force

All bonds issued by the corporation shall be revenue bonds and shall be payable solely out of the revenues derived from the leasing or operation by the corporation of its facilities or of any thereof as may be designated in the proceedings of the board of directors under which they shall be authorized to be issued.

Such bonds may be executed and delivered by the corporation at any time and from time to time, may be in such form and denominations and of such tenor and maturities, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times, not exceeding 40 years from the date thereof, may be payable at such place or places whether within or without the State of Alabama, may bear interest at such rate or rates payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the corporation and in such manner and may contain such provisions not inconsistent with this chapter as shall be provided in the proceedings of the board of directors whereunder such bonds shall be authorized to be issued. If such action shall be deemed advisable by the board of directors, there may be retained in the proceedings under which any of such bonds are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited in the face of such bonds, but nothing contained in this section shall be construed to confer on the corporation any right or option to redeem any such bonds except as may be provided in the proceedings under which they shall be issued.

Any bonds of the corporation may be sold at public or private sale in such manner and from time to time as may be determined by the board of directors of the corporation to be most advantageous, and the corporation may pay all expenses, premiums and commissions which its board of directors may deem necessary and advantageous in connection with the issuance thereof.

Issuance by the corporation of one or more series of bonds for one or more purposes shall not preclude it from issuing other bonds for the same purpose or any other purpose for which the corporation is formed as specified in its certificate of incorporation or any amendment thereof.

Any bonds of the corporation at any time outstanding may at any time and from time to time be refunded by the corporation by the issuance of its refunding revenue bonds of a like aggregate principal amount of the bonds so to be refunded, whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of such refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby or by the exchange of such refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds so to be refunded and regardless of whether or not the bonds to be refunded were issued in connection with the same facility or separate facilities and regardless of whether or not the bonds proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.

All such bonds and the interest coupons applicable thereto shall be construed to be negotiable instruments.
Ala. Code § 2-15-92 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-92
Section 2-15-92 Public Weighmaster Permit to Be Obtained from Commissioner; Duration
Status: in_force

A public weighmaster permit to operate scales at livestock markets as required under Section 2-15-91 shall be obtained from the Commissioner of Agriculture and Industries in accordance with Sections 8-16-50 to 8-16-59, inclusive, and Section 8-16-106.

Permits required under this division shall be valid for one year as provided in Section 8-16-51.
Ala. Code § 11-46-61 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-61
Section 11-46-61 Offenses of Election Officers Generally
Status: in_force

(a) Any election officer appointed as such by a municipal governing body who shall fail to attend a municipal election without a lawful excuse shall, on conviction, be fined not more than $100.00.

(b) Any election officer who drinks any intoxicating liquors while any election is being held shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00.

(c) Any election officer who, without lawful excuse, neglects, fails, or refuses to perform any official duty prescribed by this article shall be guilty of a misdemeanor, unless otherwise provided, and, on conviction, shall be fined not less than $50.00.

(d) Any election officer who discloses how any elector voted shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $100.00 nor more than $500.00, and may also be sentenced to hard labor for the county for not more than six months.

(e) If any election officer willfully neglects to perform any duty imposed on him by this article or is guilty of any corrupt conduct in the execution of the same, and no other punishment is provided for such neglect or conduct, he must, on conviction, be fined not less than $100.00 nor more than $1,000.00; provided, that no person shall be deemed an officer within the meaning of this subsection, until he first shall have taken an oath well and truly to discharge the duties of such office to the best of his ability or until he shall have performed some of the duties of such office. The failure or refusal of any person to accept office or his failure or refusal to discharge and perform the duties of such office at any time after his appointment thereto and prior to his taking the oath of such office and before he shall have discharged and performed any of the duties thereof shall not in either event be deemed a violation of this subsection.

(f) Any election officer or any other person who makes a copy of the poll list, or any memoranda therefrom, or list of the persons voting or the number of their ballots or discloses the number of such voter’s ballot shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $200.00.
Ala. Code § 11-44D-13 — Alabama Code / Title 2 / Chapter 44D / Section 11-44D-13
Section 11-44D-13 Administrative Officers Continued; Reassignment of Powers and Duties Formerly Exercised by Abolished Agency
Status: in_force

All persons holding administrative office at the time the new 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. The powers conferred and the duties imposed upon any office, department, board, or agency of the municipality by the laws of the state shall, if such office, department, board, or agency of the municipality by the laws of the state shall, if such office, department, board, or agency be abolished by this chapter, or under its authority, be thereafter exercised and discharged by the office, department, board, or agency designated by the council unless otherwise provided herein.
Ala. Code § 11-44C-30 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-30
Section 11-44C-30 Revision and Codification of Ordinances, Bylaws, and Resolutions; Comprehensive Zone Map
Status: in_force

The council may provide for the revision and codification of its ordinances, bylaws and permanent resolutions, or for the adoption of a code or codes by ordinance. Such code or codes and the revisions or amendments thereof may relate to the whole system of city bylaws, ordinances and permanent resolutions, or may relate to that portion of such ordinances, bylaws and permanent resolutions which relate to, affect or purport to govern any particular subject of municipal legislation. The council shall have full power and authority to prescribe the manner in which said code or codes, revisions or amendments thereto, shall be made public, whether by proclamation of any officer of said city by posting or by publication, one or all, but it shall not be necessary unless so prescribed by the council for such code or codes, revisions or amendments thereto, to be published in a newspaper or newspapers unless such codes, revisions, or amendments include theretofore unpublished substantial changes, in which case such changes along with at least so much of the context thereof as is necessary to convey the meaning of such changes shall be published in accordance with then existing state law. Nor shall it be necessary that such code or codes, revisions or amendments thereto, be spread at length upon the minutes, but they will be noted in the minutes. The council may prescribe that such code or codes, revisions or amendments thereto may be certified by and filed with the city clerk, or other corresponding officer, in lieu of spreading at length the same on the minutes; and the council may prescribe the manner in which copies of such code or codes, revisions or amendments thereto, may be officially certified for use by the residents or by the courts. The council may adopt and provide for the maintenance in a designated office of the city of a comprehensive zone map of the city open for inspection by the public at all reasonable times, and may make such zone map a part of any ordinance by reference thereto in such ordinance and without publication of such zone map in any newspaper. Such zone map need not be in one piece but may for convenience be in sections. A zone map of territory newly added to the city shall be treated as a comprehensive zone map of the city for purposes of application of the provisions of the preceding sentence. These provisions are subject to the publication and recordation of ordinances as set out in section 11-45-8.
Ala. Code § 11-44C-12 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-12
Section 11-44C-12 Powers of City Generally
Status: in_force

The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of this state, together with all the implied powers necessary to carry into execution all the powers granted, and the provisions of this chapter.
Ala. Code § 11-50-503 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-503
Section 11-50-503 Segregation and Withdrawal of Funds
Status: in_force

All funds of said board shall be kept separate from the other funds of the municipality and in the municipal depositories, and the same shall be withdrawn only in such sums and at such times as the same shall be actually required for the expenditures authorized by law and only upon warrants signed by an employee of the municipal electric system designated by the board, countersigned by a member of the board designated by the board, and issued for claims that have been audited and ordered paid by said board and for salaries due board members and employees for work performed and services rendered.
Ala. Code § 11-53B-4 — Alabama Code / Title 2 / Chapter 53B / Section 11-53B-4
Section 11-53B-4 Hearing; Appeal
Status: in_force

Within 30 days from the date the notice is given, any person, firm, or corporation having an interest in the building or structure may file a written request for a hearing before the governing body of the city, together with that person’s objections to the finding by the city official that the building or structure is unsafe to the extent of becoming a public nuisance. The filing of the request shall hold in abeyance any action on the finding of the city official until determination thereon is made by the governing body.

Upon holding the hearing, which shall be held not less than five nor more than 30 days after the request, or in the event no hearing is timely requested, after the expiration of 30 days from the date the notice is given, the governing body of the municipality shall determine whether or not the building or structure is unsafe to the extent that it is a public nuisance.

In the event that it is determined by the governing body that the building or structure is unsafe to the extent that it is a public nuisance, the governing body shall order the building or structure to be repaired or demolished, as the case may be. The repairs or demolition may be accomplished by the municipality by contract for the repairs or demolition. The municipality shall have authority to sell or otherwise dispose of salvaged materials resulting from any demolition hereunder.

Any person aggrieved by the decision of the governing body at the hearing may, within 10 days thereafter, appeal to the circuit court upon filing with the clerk of the court notice of the appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of the notice of appeal and approval of the bond, the clerk of the court shall serve a copy of the notice of appeal on the clerk of the city and the appeal shall be docketed in the court, and shall be a preferred case therein.

The clerk of the city shall, upon receiving the notice, file with the clerk of the court a copy of the findings and determination of the governing body in proceedings and trials shall be held without jury upon the determination of the governing body that the building or structure is unsafe to the extent that it is a public nuisance.
Ala. Code § 11-50-435 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-435
Section 11-50-435 Members of Board - Compensation
Status: in_force

Each member of the board shall receive for his services such compensation as authorized by the governing body of such municipality. The compensation to the members of the board shall be paid in monthly installments from the money received from the operation of the municipal waterworks plant and waterworks system.
Ala. Code § 2-30-62 — Alabama Code / Title 2 / Chapter 30 / Section 2-30-62
Section 2-30-62 Supervision of Work Under Chapter
Status: in_force

The production of semen and other lines of work as proposed by the spirit and purpose of this chapter shall be carried out under the supervision of the Director of the Agricultural Experiment Station of Auburn University.
Ala. Code § 2-17-7 — Alabama Code / Title 2 / Chapter 17 / Section 2-17-7
Section 2-17-7 Registration of Persons, Firms, Etc., Buying, Selling, Transporting, Etc., Dead, Dying, Disabled, Diseased, Etc., Cattle, Sheep, Poultry, Carcasses, Etc
Status: in_force

No person, firm or corporation shall engage in business in or for intrastate commerce as a meat broker, renderer or animal food manufacturer or engage in business in such commerce as a wholesaler of any carcasses or parts or products of the carcasses of any cattle, sheep, swine, goats, horses, mules or other equines or poultry, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for such commerce or engage in the business of buying, selling or transporting in such commerce any dead, dying, disabled or diseased animals or birds of the specified kinds or parts of the carcasses of any such animals or birds that died otherwise than by slaughter, unless, when required by regulations of the commissioner and in such manner as the commissioner has prescribed, he has registered with the commissioner his name and the address of each place of business at which and all trade names under which he conducts such business.
Ala. Code § 2-5A-5 — Alabama Code / Title 2 / Chapter 5A / Section 2-5A-5
Section 2-5A-5 Regulating Conduct of Markets; Grades and Classes for Produce; Sale of Cull Produce
Status: in_force

The commissioner, with approval of the Board of Agriculture and Industries, may make such rules as in his or her judgment may be necessary to conduct properly such farmers’ market or markets, both wholesale and retail. The commissioner may provide experienced and competent persons to act as graders and classifiers on such markets. The commissioner may prescribe and designate reasonable grades and classes for farm products, truck crops, fruits, vegetables, and fish products and to enforce the same in all markets in the state. The commissioner may designate separate places on any market where fruits, vegetables, truck crops, and fish products of the different classes and grades shall be handled and kept separate. The commissioner may promulgate rules regulating or prohibiting the sale of cull produce or produce unfit for human consumption at any state farmers’ market. Ripe peaches, cantaloupes, tomatoes, and other commodities of a similar nature shall not be classed as cull produce when sold in Alabama for local consumption.
Ala. Code § 11-43C-27 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-27
Section 11-43C-27 Rules and Order of Business of Council; Journal of Proceedings
Status: in_force

The council shall determine its own rules and order of business. It shall keep a journal of its proceedings, and the journal shall be open to public inspection.
Ala. Code § 11-55-9 — Alabama Code / Title 2 / Chapter 55 / Section 11-55-9
Section 11-55-9 Contribution by Municipalities to Costs of Acquisition of Projects or Use of Municipal Lands Therefor; Acceptance of Donations of Property or Money for Projects
Status: in_force

A municipality may pay out of its general funds or otherwise contribute any part of the costs of acquiring a project and may use land already owned by the municipality, or in which the municipality has an equity for construction thereon of a project, and the municipality may accept donations of property to be used as a part of any project and money to be used for defraying any part of the cost of any project.
Ala. Code § 2-10-74 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-74
Section 2-10-74 Fees for Filing Articles of Incorporation
Status: in_force

For filing articles of incorporation, an association organized under this article shall pay $10.00, and for filing an amendment to the articles, $2.50.
Ala. Code § 11-43C-17 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-17
Section 11-43C-17 District Council Members - Qualifications; Holding Other Offices; Effect of Conviction or Loss of Any Qualification
Status: in_force

Councilmen shall be qualified electors of the city and, in the case of candidates for any district, they shall have been residents of the district which they represent for at least 90 days prior to their election, shall reside in the district during their terms of office, and shall have attained the age of 21 years. No councilman shall hold any other public office except that of notary public or member of the National Guard or naval or military reserve, and all shall have been residents of the city for at least one year prior to their election. If the councilman shall cease to possess any of these qualifications or shall be convicted of crime involving moral turpitude, his office shall immediately become vacant.
Ala. Code § 2-11-6 — Alabama Code / Title 2 / Chapter 11 / Section 2-11-6
Section 2-11-6 Designation and Licensing of Inspectors; Duties; Fees; Unlawful Acts
Status: in_force

The commissioner is hereby authorized to designate any competent employee or agent of the Department of Agriculture and Industries or United States Department of Agriculture and to license any competent person and to charge and collect a reasonable fee for such license to inspect or classify agricultural products for the purposes of this article and to revoke such licenses at his discretion. Such inspectors shall be stationed at such places, furnish such certificates and information to the commissioner and interested parties and perform such other duties pertaining to the provisions of this article as the commissioner may require. The commissioner, with the approval of the Board of Agriculture and Industries, may fix, assess and collect or cause to be collected fees for such services. Any person other than those properly designated under the provisions of this article who shall issue certificates of inspection or classification or represent himself to be such an inspector shall be guilty of a misdemeanor.
Ala. Code § 11-67-94 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-94
Section 11-67-94 Effect of Redemption or Sale
Status: in_force

Where an assessment is made against a lot or lots or parcel or parcels of land, a subsequent redemption by a person authorized to redeem, or sale by the state, shall not operate to discharge, or in any manner affect the lien of the municipality for the assessment, but a redemptioner or purchaser at a sale by the state of any lot or lots, parcel or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale to the state for the nonpayment of taxes, shall take the same subject to the assessment.
Ala. Code § 11-43A-70 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-70
Section 11-43A-70 Adoption of Ordinance Establishing Council-Manager Form of Government; Short Title
Status: in_force

Within three months of the approval of this article by the Governor, the governing body of any Class 2, 3, 4, 5, 6, 7, or 8 municipality in the State of Alabama operating under a council-manager or under a mayor-council-city manager form of government may, by a majority vote of the members of that governing body, adopt an ordinance establishing a council-manager form of government pursuant to the terms and conditions of this article. All provisions of this article set forth hereinbelow shall apply only to those Class 2, 3, 4, 5, 6, 7, or 8 municipalities electing to establish a council-manager form of government as set forth herein. This article shall be known as the “Council-Manager Act of 1991”.
Ala. Code § 11-54A-16 — Alabama Code / Title 2 / Chapter 54A / Section 11-54A-16
Section 11-54A-16 Exemption from Usury and Interest Laws
Status: in_force

The authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation to, the provisions of Chapter 8 of Title 8, as it may at any time be amended.
Ala. Code § 11-44E-51 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-51
Section 11-44E-51 Meetings of Commission; Mayor to Preside; Quorum; Majority Vote Requirement; Enactment of Resolutions, Bylaws, and Ordinances; Record of Proceedings; Publication of Ordinances
Status: in_force

The commission shall hold regular public meetings at a regular hour to be fixed by ordinance of said commission. It may hold such adjourned, called, special, or other meetings as the business of the city may require. The mayor when present, shall preside at all meetings of said commission. A majority of the commission members elected shall constitute a quorum for the transaction of any and every power conferred upon said commission, and affirmative vote of a majority of those members present shall be sufficient for the passage of any resolution, bylaw, or ordinance, or the transaction of any business of any sort by the said commission or the exercise of any of the powers conferred upon it by the terms of this chapter or by law, or which may hereafter be conferred upon it. No resolution, bylaw, or ordinance granting any franchise, appropriating any money for any purpose, providing for any public improvements, any regulation concerning the public health, or of any other general or permanent nature, except the proclamation of quarantine, shall be enacted except at a regular public meeting of said commission or an adjournment thereof. Every ordinance introduced at any and every such meeting shall be in writing before any vote thereon shall be taken, and the yeas and nays thereon shall be recorded; provided that if the vote of all commissioners present be unanimous, it may be so stated in the journal without recording the yeas and nays. A record of the proceedings of every meeting of the commission shall be kept, and every resolution or ordinance passed by the commission must be recorded and the record of the proceedings of the meeting shall, when approved by the commission be signed by the mayor and the city clerk. Such record shall be kept available for inspection by all citizens of such city at reasonable times. No ordinance of permanent operation shall be passed at the meeting at which it was introduced except by unanimous consent of all members of the commission present, and such unanimous consent shall be shown by the yea and nay votes entered upon the minutes of said meeting, provided, however, that if all members of the commission present vote for the passage of the ordinance and their names are so entered of record as voting in favor thereof, it shall be construed as giving unanimous consent to the action upon such ordinance at the meeting at which it is introduced. Publication of ordinances shall be governed by Section 11-45-8, as amended, Act No. 87-668.
Ala. Code § 11-54B-5 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-5
Section 11-54B-5 Requirements of Request for Creation of Self-Help Business Improvement District
Status: in_force

(a) A request for the creation of a self-help business improvement district must contain the following:

(1) The signatures of a representative group of the owners of the real property located within the geographical area of the proposed district. The group must include the signatures of the owners of real property which comprises at least one-half of the total fair market value of all real property located in the proposed district. Ownership of real property and the fair market value thereof shall be determined by the county property tax assessment records. When record title to real property is vested in a public corporation or authority under a bond financing plan provided for by statute, the beneficial user of the real property in which title may ultimately be vested by purchase shall be deemed the owner of such real property for purposes of this article.

(2) An accurate description, whether by metes and bounds or by lot and block numbers or by street addresses, of the proposed district.

(3) A self-help business improvement district plan that shall include:

a. a description of the supplemental services which will be provided in the district;

b. a budget outlining the annual cost of the supplemental services described in paragraph a.;

c. a description of the method which will be used to determine the amount of the special assessment which will be levied on the owners of the real property located within the geographical area of the district to finance the supplemental services described in paragraph a.;

d. the number of years, not to exceed five years, in which the special assessments described in paragraph c. above will be levied; and

e. copies of the articles of incorporation and by-laws of the district management corporation designated by the plan to provide administrative and other services to the district.

(b) Act 2021-213 shall not affect the creation of a self-help business improvement district prior to April 15, 2021, but any district in existence prior to April 15, 2021, shall be subject to the remaining provisions of Act 2021-213.
Ala. Code § 2-3-1 — Alabama Code / Title 2 / Chapter 3 / Section 2-3-1
Section 2-3-1 Composition of Board
Status: in_force

There shall be a State Board of Agriculture and Industries composed of 11 members which shall consist of the Governor as ex officio chairman, the Commissioner of Agriculture and Industries, the Director of the Cooperative Extension Service of Auburn University, the Administrative Head of Agriculture and Director of the Agricultural Experiment Station of Auburn University, four outstanding farmers and three outstanding leaders of industry.
Ala. Code § 22-57-6 — Alabama Code / Title 2 / Chapter 57 / Section 22-57-6
Section 22-57-6 Monitoring of Council Activities
Status: in_force

The lead agency shall be responsible for the general administration, supervision, and monitoring of all council activities.
Ala. Code § 2-6-110 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-110
Section 2-6-110 Bonds
Status: in_force

The corporation is authorized to sell and issue its bonds, not exceeding one hundred million dollars ($100,000,000), exclusive of refunding bonds, in aggregate principal amount, and in any additional aggregate principal amounts as authorized by other acts of the Legislature, for the purpose of providing funds for the project work and for payment of obligations incurred for such purpose, as well as the payment of issuance expenses and the establishment of a debt service reserve fund.
Ala. Code § 11-47-7 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-7
Section 11-47-7 Erection, Maintenance, Etc., of Jails, Morgues, Hospitals, Etc
Status: in_force

All cities and towns of this state shall have the power to establish, erect, maintain, and regulate jails, morgues, houses of refuge, stationhouses and prisons, public baths and bathhouses, and to own, establish, maintain, and regulate public hospitals, and to purchase and provide for any and all things which may be deemed advisable or necessary thereto and to receive donations and bequests of property or money in trust or otherwise for the exercise of all such powers, rights, and duties incident to the same.
Ala. Code § 11-44-10 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-10
Section 11-44-10 Commissioners - Entry into Office, Etc
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-40-10.1 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-10.1
Section 11-40-10.1 Contracts for Certain Law Enforcement Services of Class 6 Municipality
Status: in_force

(a) The governing body of a Class 6 municipality may enter into contracts which provide for the police department of the municipality to provide law enforcement services beyond the corporate limits of the municipality, but within the police jurisdiction of the municipality, and may prescribe the conditions under which the services may be rendered. The governing body of the municipality may enter into a contract or contracts with any county or county board, any property owner of a manufacturing or industrial concern, or any property owner within any residential or business area for its police department to render law enforcement services on the terms as may be agreed to by the governing body of a Class 6 municipality and the contracting party or parties.

(b) Notwithstanding subsection (a), the governing body of the municipality may not enter into a contract or contracts with any county or county board, any property owner of a manufacturing or industrial concern, or any property owner within any residential or business area for its police department to render law enforcement services to enforce traffic regulations, including speeding and enforcement of speed zones.

(c) When the police department of a Class 6 municipality is operating pursuant to a contract or contracts pursuant to this section on any call beyond the corporate limits, but within the police jurisdiction of the Class 6 municipality, the department shall be deemed to be operating in a governmental capacity and subject to the same liability for injuries as the department would be if the department was otherwise operating within the corporate limits of the Class 6 municipality.
Ala. Code § 2-15-115 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-115
Section 2-15-115 Short Title
Status: reserved

Repealed by Act 2017-226, §2, effective August 1, 2017.
Ala. Code § 2-10-67 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-67
Section 2-10-67 Annual Report of Association
Status: in_force

Each association formed under this article shall prepare and make out an annual report on forms furnished by the Secretary of State, containing the name of the association, its principal place of business and a general statement of its business operations during the fiscal year, showing the amount of capital stock paid up and the number of stockholders of a stock association or the number of members and amount of membership fees received, if a nonstock association, the expenses of operations, the amount of its indebtedness or liability and its balance sheets.
Ala. Code § 11-42-70 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-70
Section 11-42-70 Certification to Probate Judge of Judgment of Circuit Court; Endorsement on Map by Probate Judge
Status: in_force

If there is an appeal from the judgment rendered by the probate judge and, on the termination of such appealed action, it is adjudged that the property in controversy is subject to city taxation, the clerk of the circuit court shall briefly certify to the judge of probate that it has been adjudged that the property is subject to city taxation and thereupon the judge of probate shall endorse upon the record of said map on the property in controversy as shown on said map, “Adjudged subject to city taxation.”
Ala. Code § 11-50-493 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-493
Section 11-50-493 Oath
Status: in_force

Before entering upon the duties of his office, each member of the board shall take and subscribe the following oath: “I do solemnly swear that I will support the Constitution of the State of Alabama and the Constitution of the United States and that I will faithfully, zealously, and impartially discharge the duties of the office upon which I am about to enter, without fear or favor, for the public welfare, so help me God.” The successors to the members of the board named in this chapter shall take and subscribe the same oath.
Ala. Code § 11-41-25 — Alabama Code / Title 2 / Chapter 41 / Section 11-41-25
Section 11-41-25 Petition to Probate Judge for Decree of Forfeiture; Notice and Hearing Upon Petition
Status: in_force

The county commission or any five qualified voters of the county in which any such corporation is situated may file with the probate judge of such county a petition in writing setting up one or more of the grounds enumerated in section 11-41-24 and praying for a decree declaring the charter of said town forfeited, and thereupon said judge shall set down and hear said petition after giving notice for the same time and in the same manner as provided in section 11-41-22.
Ala. Code § 2-10-55 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-55
Section 2-10-55 Who May Become Members or Stockholders
Status: in_force

Under the terms and conditions prescribed in its bylaws, an association may admit as members (or issue common stock to) only persons or associations or corporations composed solely of persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of such products and any lessors and landlords who receive as rent all or part of the crop raised on the leased premises. Any such persons or associations of persons or corporations may be citizens of or organized under the laws of this state or any other state of the United States and shall handle such agricultural products for members only.
Ala. Code § 11-67A-3 — Alabama Code / Title 2 / Chapter 67A / Section 11-67A-3
Section 11-67A-3 Establishment of Procedures; Costs of Removal
Status: in_force

Any Class 1 municipality may establish a procedure for the abatement and removal of inoperable motor vehicles from private property as public nuisances. Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined or the costs may be assessed against the owner of the property on which the vehicle is stored.
Ala. Code § 11-50-170 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-170
Section 11-50-170 Authorized; Terms; Adoption of Resolutions Authorizing Transfer
Status: in_force

(a) Every public corporation heretofore or hereafter organized or created in this state pursuant to authorization or determination by a municipality or its governing body, which public corporation now or hereafter owns a water system or systems, and any municipality in this state in which any part of such water system or systems is situated are each hereby authorized, without the necessity of an election of qualified voters of any such municipality or of any other approval or proceeding other than those specifically prescribed in this article, to transfer and convey such system or systems and all right, title, and interest therein, including, without limitation, all reversionary, residuary, or remainder rights provided by law to any other public corporation, the certificate of incorporation of which was filed in the office of the probate judge of the same county in which was filed the certificate of incorporation of the public corporation proposing to make such transfer and conveyance or in the office of the probate judge of an adjacent county.

(b) Any such transfer and conveyance may be made with or without pecuniary consideration and on such terms and conditions as the governing body of such municipality and the board of directors or other governing body of the public corporation making the transfer and conveyance may determine.

(c) Any such transfer and conveyance shall be made only upon the adoption by the governing body of each municipality in which is situated any part of the water system or systems proposed to be transferred and conveyed and by the board of directors or other governing body of the public corporation proposing to make such transfer and conveyance of appropriate resolutions authorizing such transfer and conveyance. Such resolution of the board of directors or other governing body of the public corporation shall set forth its finding and determination that the public corporation to which the transfer is to be made is one to which a transfer and conveyance can properly be made under the provisions of this article.
Ala. Code § 11-43A-78 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-78
Section 11-43A-78 Election of Municipal Officers; Qualifications and Eligibility of Candidates; Runoff Election; Term of Office
Status: in_force

With respect to municipal elections, each candidate shall announce that he is to become a candidate for either mayor or for councilman of District 1, 2, 3, 4, 5, 6, or 7. A candidate may not run for both mayor and councilman in the same election. A candidate for mayor shall have resided in the municipality for a period of at least 90 days immediately preceding the date of regular election, and, if elected, shall continue to reside therein so long as he remains mayor. A candidate for councilman shall have resided within the district from which he seeks election for a period of at least 90 days immediately preceding the date of the regular election, and, if elected, shall continue to reside therein so long as he remains a councilman. Each voter in the election may cast one vote for a candidate for mayor and one vote for a candidate for councilman from the district in which the voter resides. Any candidate receiving a majority of the total votes cast for mayor or a majority of the total votes cast for councilman from any particular district shall be elected. In the event that no candidate receives a majority, then there shall be a runoff election for any such office to be held in a manner prescribed by the applicable general municipal election laws. The mayor and councilmen elected shall hold office for terms of four years each and shall serve until their respective successors have been elected and qualified. The mayor and councilmen may succeed themselves in office.
Ala. Code § 11-50-300.02 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-300.02
Section 11-50-300.02 Conversion of Certain Municipal Boards to Regional Boards
Status: in_force

(a) On May 7, 2025, a board that meets the requirements of Section 11-50-300(a) as of April 17, 2025, shall be converted to a regional board.

(b) A board that meets the requirements of Section 11-50-300(a) after April 17, 2025, shall be converted to a regional board 30 days after the board meets the requirements, but not before May 7, 2025.

(c) If the certificate of incorporation or bylaws of a regional board conflicts with this division, this division shall control.
Ala. Code § 2-6-73 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-73
Section 2-6-73 Certificate of Incorporation; Fees
Status: in_force

When the application has been made, filed and recorded as provided in this article, the applicants shall constitute a corporation under the name proposed in the application and with the powers set forth in this article. The Secretary of State shall make and issue to the applicants a certificate of incorporation, under the Great Seal of the State, reciting the fact of such incorporation and shall record the same with the application. There shall be no fees paid to the Secretary of State for any work in connection with the incorporation or dissolution of the corporation.
Ala. Code § 11-54-26 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-26
Section 11-54-26 Bonds - Disposition of Proceeds from Sale
Status: in_force

(a) The proceeds from the sale of any bonds issued under authority of this article shall be applied only for the purpose for which the bonds were issued; provided, however, that any accrued interest and premium received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; provided further, that if for any reason any portion of such proceeds shall not be needed for the purpose for which the bonds were issued, then such unneeded portion of said proceeds shall be applied to the payment of the principal of or the interest on said bonds.

(b) The cost of acquiring any project, which shall be paid from the proceeds derived from the sale of bonds, shall be deemed to include the following:

(1) The actual cost of the construction of any part of a project which may be constructed, including architect’s and engineer’s fees;

(2) The purchase price of any part of a project that may be acquired by purchase;

(3) All expenses in connection with the authorization, sale, and issuance of the bonds to finance such acquisition; and

(4) The interest on such bonds for a reasonable time prior to construction, during construction, and for a period not exceeding six months after completion of construction.
Ala. Code § 11-46-4 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-4
Section 11-46-4 Identification of Electors Eligible to Vote; Municipality, County Contracts; Official Poll List
Status: in_force

(a) The incorporated municipalities of this state are hereby authorized to enter into contracts with the counties of this state and their boards of registrars to conduct an identification program of electors eligible to vote in municipal elections. The said municipalities are authorized to expend public funds in payment of services rendered by such counties and boards of registrars in such identification program. Such contracts shall be authorized by appropriate resolution of the governing body of the municipality. It shall be the duty of the various boards of registrars to conduct an identification program of electors residing in the municipality and eligible to vote in municipal elections upon adoption of an appropriate resolution of the governing body of the municipality and upon approval of a contract between the municipality and the county and its board of registrars. The county and its board of registrars shall not unreasonably withhold approval of a contract with any municipality for such purposes nor shall such county or its board unreasonably delay acceptance of such contract; it being the intention of the legislature that the said county and its board shall cooperate fully with the municipalities which adopt the said appropriate resolution and attempt in good faith to contract with such municipality. Any such program contracted for shall be completed at least 180 days prior to any municipal election held within a municipality to elect officers of the municipality. It is the intention of the legislature that any such contracts, as herein authorized, be detailed and sufficiently complete so that any elector may look to it for all requirements of the program of identification. It is likewise the intention of the legislature that after the identification program is completed that the list of electors established may be used as the official poll list for the immediately ensuing municipal election held within a municipality to elect officers of the municipality and the mayor of the municipality is authorized to certify such poll list as the official poll list of the municipality.

(b) All moneys paid as consideration for such contracts shall be deposited in the general fund of the county.
Ala. Code § 11-50-240 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-240
Section 11-50-240 Issuance of Revenue Bonds for Improvement and Extension of Waterworks Plants and Pledge of Revenues from Gas Systems for Payment Thereof
Status: in_force

Any waterworks board organized under the provisions of this division which has acquired or may hereafter acquire a gas plant or system pursuant to the provisions of Division 2 of this article may, in addition to the powers granted it by said provisions, issue revenue bonds for the purpose of acquiring or constructing improvements and extensions to its waterworks plant and system and may pledge for payment of such revenue bonds not only revenues from such waterworks plant and system but also any available revenues from its gas plant and system. In order so to issue revenue bonds payable from the revenues of both its waterworks plant and system and its gas plant and system, it shall not be necessary for such waterworks board to combine such systems or to provide for their operation, maintenance, and repair as one combined and consolidated plant and system or for the keeping of books and records for one combined plant and system.
Ala. Code § 2-27-59 — Alabama Code / Title 2 / Chapter 27 / Section 2-27-59
Section 2-27-59 Rules and Regulations - Disposal and Handling of Pesticides
Status: in_force

No person shall discard, dispose of or otherwise handle any pesticide or pesticide containers in such manner as to cause direct injury or damage to man, animals, wildlife or other property or to pollute any stream, water or waterway in any manner harmful or injurious to any wildlife or other things. The commissioner, with the approval of the board, is authorized to promulgate rules and regulations governing and controlling the discarding and handling of such pesticides and pesticide containers.
Ala. Code § 11-65-11 — Alabama Code / Title 2 / Chapter 65 / Section 11-65-11
Section 11-65-11 Qualifications of Commission Employees
Status: in_force

Each appointed officer and each employee of a commission shall be of good moral character and shall never have been convicted of a felony or other offense involving moral turpitude. As a condition of employment by a commission, each employee shall make and submit to such commission an affidavit confirming his or her qualifications, as set forth in the preceding sentence, to be an employee of such commission, which affidavit shall constitute a part of the permanent personnel records of such commission. Any employee of a commission who in such affidavit intentionally makes a false statement of material fact or intentionally fails to disclose any information necessary to make any statement of material fact made therein not misleading shall be guilty of perjury and shall be subject to prosecution and punishment therefor in the same manner as if he had committed perjury as a witness in open court.
Ala. Code § 2-15-230 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-230
Section 2-15-230 Definitions
Status: in_force

When used in this subdivision, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) HOG CHOLERA VIRUS. An unattenuated virus administered to swine for the purpose of immunizing such swine from the disease known as hog cholera.

(2) STATE VETERINARIAN. The State Veterinarian of Alabama.
Ala. Code § 11-54B-47 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-47
Section 11-54B-47 Costs of Supplemental Services
Status: in_force

(a) The self-help business improvement district ordinance adopted by the municipality pursuant to Section 11-54B-46 shall provide that all costs of the supplemental services provided in a self-help business improvement district shall be financed through the levy by the municipality of a special assessment on the owners of the real property located within the geographical area of the district or, in the case of a district formed to increase tourism in the municipality, on businesses of the designated class within the geographical area of the district, and in either case shall designate the method set forth in the plan as the method used to determine the amount of the special assessment in a manner which fairly and equitably distributes the burden of financing the supplemental services among the nonexempt real property owners in the district. The ordinance shall list and describe, by lot and block numbers and by street addresses, all real properties or businesses against which the special assessment shall be made to fund the supplemental services. The ordinance shall also provide that property which is a single-family, owner-occupied residential property shall be exempt from the special assessment imposed by the district management corporation to finance the supplemental services provided in the business improvement district. Further, all property of utilities shall be deemed personal property exempt from the special assessment imposed by the district management corporation except for land and retail, storage, and office facilities owned by a utility within the business improvement district.

(b) The nonprofit corporation designated as a district management corporation under this article shall be exempt from the state corporate income tax, corporate franchise tax, and permit fee, and from state, county, and municipal sales, use, license, gross receipts, and ad valorem taxes.
Ala. Code § 11-53-2 — Alabama Code / Title 2 / Chapter 53 / Section 11-53-2
Section 11-53-2 Enactment and Enforcement of Ordinances Regulating Use, Repair, Maintenance, Etc., of Buildings, Etc., Used for Human Habitation or Occupancy, Etc., Authorized
Status: in_force

The incorporated municipalities of this state are specifically authorized, in order to protect the health, safety, morals, welfare, well-being and comfort of their inhabitants and the public at large to enact, adopt, and enforce ordinances regulating the use, control, repair, and maintenance of buildings, dwellings, and structures of all types and descriptions used for human habitation or occupancy and, the number of occupants and the mode and manner of occupancy for the purpose of insuring the healthful, safe, and sanitary environment of the occupants of such structures and to compel the owners or persons in charge of such buildings to alter, reconstruct, or modify them or any room, compartment, or part thereof for the purpose of insuring the healthful, safe, and sanitary environment of the occupants thereof and to prohibit the use and occupancy of such buildings, dwellings and structures of all types and descriptions used for human habitation or occupancy until such rules, regulations, and provisions imposed by ordinance shall have been complied with.
Ala. Code § 2-8-51 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-51
Section 2-8-51 Collection of Assessments; Deductions for Expenses
Status: in_force

In the event the required number of swine producers approve by a referendum as provided in this article the levying of an assessment upon the sale of swine for a promotional program, the Commissioner of Agriculture and Industries shall, within 30 days, notify in writing every person licensed to operate a livestock market under authority of Sections 2-15-60 through 2-15-71, other persons who conduct livestock sales and purchasing establishments, including the sale of feeder pigs, and every person who operates a meat packing or slaughter establishment which buys swine directly from the producer, that on or after the date designated in such notice, which shall be not less than 30 nor more than 60 days after the mailing of such notice by the Commissioner of Agriculture and Industries, the amount of the assessment shall be deducted by all such sales markets or purchasers of swine or by their agents or representatives from the purchase price paid to the seller of such swine where such swine are purchased within the state. On or before the tenth day of each calendar month, all assessments so deducted shall be remitted to the Commissioner of Agriculture and Industries less three percent thereof, which may be retained to compensate the stockyard operator, meat packer or other such establishment for the expense of collecting and remitting such assessment. The books and records of all such purchasers of swine shall at all times during regular business hours be open for inspection by the Commissioner of Agriculture and Industries or his duly authorized representatives or agents for the purpose of ascertaining the accuracy of the amounts remitted as required by this section. The Commissioner of Agriculture and Industries shall deduct from all sums remitted to him under this section, to defray the expense incident to collection and administration of this article, an amount to be set by the Board of Agriculture and Industries, but such amount shall not exceed three percent of such sum remitted. All amounts so deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund.
Ala. Code § 11-46-97 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-97
Section 11-46-97 Proceedings Where Only One Candidate for Office
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-19-103 — Alabama Code / Title 2 / Chapter 19 / Section 2-19-103
Section 2-19-103 Registration of Applicant by Commissioner
Status: in_force

No later than 30 days after the filing of an application for registration as a cotton buyer, the commissioner shall register the applicant.
Ala. Code § 11-44C-19 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-19
Section 11-44C-19 President of Council
Status: in_force

The president of the council shall be elected by the members of the council and shall serve the regular four-year term. He shall preside at all meetings of the council and shall be a voting member. If a vacancy shall occur in the office of the president of the council, the council shall elect a successor to the president.
Ala. Code § 11-50-353 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-353
Section 11-50-353 Moneys Received Under Article Deemed Trust Funds; Provisions in Trust Agreements or Resolutions for Issuance of Bonds as to Trustees
Status: in_force

All moneys received pursuant to the authority of this article, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this article.

The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer with whom or any bank, trust company, or other fiscal agent with which such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this article and such resolution or trust agreement may provide.
Ala. Code § 11-49-20 — Alabama Code / Title 2 / Chapter 49 / Section 11-49-20
Section 11-49-20 Exclusive Rights of Municipalities as to Establishment, Regulation, Etc., of Ferries
Status: in_force

(a) The mayor and council or other governing bodies of incorporated municipalities in this state have the exclusive power and authority to establish or authorize the establishment of ferries on rivers which in whole or in part constitute the dividing line between two counties in this state at points touching such incorporated municipalities and to regulate the same.

(b) In all cases where the river is the dividing line between two counties and where the boundaries of any incorporated municipality border upon such river and at a public road crossing, the power and authority to establish a ferry across said river at such public road crossing is hereby vested exclusively in such municipality.
Ala. Code § 22-52-30 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-30
Section 22-52-30 Definitions
Status: in_force

When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) CAPACITY TO PROCEED OR CONTINUE TO TRIAL. Whether or not a defendant accused of a crime:

a. Understands the nature of the charges preferred against him; and

b. Is capable of assisting his attorney in the preparation of the defense of his case.

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

(3) SUPERINTENDENT. The superintendent or director of Bryce Hospital located in Tuscaloosa County, the superintendent or director of Searcy Hospital located in Mobile County or the superintendent or director of any such facility as defined in subdivision (4) of this section.

(4) FACILITY. Any state-owned or state-operated hospital or other facility, whether currently operating or to be operated in the future, utilized for the diagnosis, care, treatment, training or hospitalization of persons who are mentally ill or who are believed to be mentally ill and any other appropriate facility within the State of Alabama approved for such purpose by the Department of Mental Health, excluding those general hospitals owned by a state educational institution which is a public corporation organized under the acts of the Legislature of the State of Alabama. Such exclusion, however, shall not deny the governing authority of such hospital the right to contractually agree to provide services to the mentally ill.
Ala. Code § 2-15-48 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-48
Section 2-15-48 Permits Required by Article Cumulative; Article Not to Prohibit Adoption by Municipalities of Sanitary Rules or Regulations for Conduct of Dealer’s Business
Status: in_force

The payment of the permit fees provided for in this article shall be in addition to any license or licenses now or hereafter required to be paid to the State of Alabama or any county or any incorporated city or town for the privilege of conducting such business or businesses, and nothing contained in this article shall prohibit any incorporated city or town from adopting sanitary rules or regulations for the conduct of any such business within such city or town.
Ala. Code § 2-7-26 — Alabama Code / Title 2 / Chapter 7 / Section 2-7-26
Section 2-7-26 Verified Statement of Awards; Approval of Awards by Board; Payments to Fairs
Status: in_force

Within 30 days after the prizes and premiums have been paid and upon a verified statement of the association, the board shall determine from the application, reports, checks or receipts and by any investigation deemed necessary as to whether or not a fair requesting aid has been held in accordance with the provisions of this article and with the rules and regulations promulgated under this article. If, in the judgment of the board, the fair has met such requirements, said board shall present the State Comptroller with a requisition for an amount equal to the state aid authorized such fair and any special merit award, as provided in this article, that may have been earned by such fair. The State Comptroller shall thereupon draw a warrant upon the State Treasurer for payment of the amount due to be paid to such fair.
Ala. Code § 11-54-90 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-90
Section 11-54-90 Bonds - Security for Payment of Principal and Interest; Remedies Upon Default
Status: in_force

The principal of and interest on any bonds issued by the industrial development board shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made.

The resolution under which the bonds are authorized to be issued and any such mortgage or deed of trust may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents for any portions thereof leased by the board to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default as the board of directors shall deem advisable not in conflict with the provisions of this division. Each pledge, agreement, mortgage and deed of trust made for the benefit of security of any of the bonds of the board shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid.

In the event of default in such payment or in any agreements of the board made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust executed as security therefor, may be enforced by mandamus, the appointment of a receiver or by foreclosure of any such mortgage and deed of trust or any one or more of said remedies.
Ala. Code § 2-11-73 — Alabama Code / Title 2 / Chapter 11 / Section 2-11-73
Section 2-11-73 Labeling Requirements
Status: in_force

If fresh fruits and vegetables are sold, offered for sale, transported for sale, shipped, moved or transported in containers and an official grade is marked on such container or on the label thereof or tag attached thereto, the grade so marked thereon shall conform to the grade of fresh fruits and vegetables packed in such containers. Any container of fresh fruits or vegetables not labeled to comply with the requirements of this section is declared to be misbranded, and such fresh fruits and vegetables shall be subject to suspension from sale, seizure and condemnation as now provided by law under the provisions of Article 2, Chapter 2 of this title.
Ala. Code § 11-43B-32 — Alabama Code / Title 2 / Chapter 43B / Section 11-43B-32
Section 11-43B-32 Violation of Chapter
Status: in_force

Any person who willfully and intentionally violates a provision of this chapter shall upon conviction be guilty of a Class A misdemeanor and shall be punished as provided by the laws of the state of Alabama.
Ala. Code § 2-10-34 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-34
Section 2-10-34 Payment of Expense of Operating or Closing Out Association
Status: in_force

The expense of operating or closing out an association, as provided in Section 2-10-32, shall be paid by the association, including the reasonable salary of the agent placed in charge thereof, reasonable attorney’s fees and any other expense incident to properly closing said association’s affairs.
Ala. Code § 11-43A-2 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-2
Section 11-43A-2 Petition to Probate Judge for Election as to Adoption of Council-Manager Form of Government; Examination of Petition and Certification to Mayor
Status: in_force

The filing of a petition signed by 10 percent or more of the number of qualified voters who voted in the last general municipal election held in such municipality, asking that the question of the adoption of the council-manager form of government for such municipality be submitted to the qualified voters thereof, with the judge of probate of the county in which such municipality is located, shall mandatorily require an election to be held as herein provided. Whenever such a petition purporting to be signed by at least 10 percent of the number of qualified voters who voted in the last general municipal election held in such municipality shall be presented to such judge of probate, he shall examine such petition and determine whether or not the same is signed by at least 10 percent of the number of qualified voters who voted in the last general municipal election held in such municipality, and if such petition is signed by the requisite number of voters to require such an election, he shall within 15 days from the receipt of such petition certify such fact to the mayor or other chief executive officer of the municipality for which such election is so petitioned, and the certificate of the judge of probate as to the sufficiency of said petition shall be final.
Ala. Code § 11-43-250 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-250
Section 11-43-250 Elected Official of Class 8 Municipality Authorized to Appoint Designee to Serve on State or Local Agency, Board, Etc
Status: in_force

(a) In Class 8 municipalities, an elected official of the municipality who is an ex officio member of a state or local agency, board, commission, or other entity pursuant to law, may designate a person to serve in his or her place, who shall assume all duties of the elected official relating to the entity, including all voting rights and who shall be counted as a member for the purpose of conducting business. Provided, that the elected official may not appoint a convicted felon to serve in his or her place unless that person has had his or her civil rights restored. A designee appointed by the mayor to serve in his or her place is not required to be a resident of the municipality where the mayor serves.

(b) A designee under subsection (a) shall serve at the pleasure of the elected official and for the duration of the elected official’s term of office and an elected official may withdraw a designee’s appointment and appoint a new designee at any time.

(c) This section applies to a general or local law enacted prior to, on, or after May 25, 2017.
Ala. Code § 11-44C-7 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-7
Section 11-44C-7 Qualification of Council Candidates; Votes Cast by Each Voter; Majority Vote Requirements; Run-Off Elections; Elections Held Quadrennially; When Elected Councilmen Take Office; Term of Office; Councilman May Succeed Himself
Status: in_force

Council candidates shall qualify as provided by law and shall have the qualification and eligibility set forth herein. Each voter in the election may cast one vote for a candidate from his district, and one vote for a candidate for mayor. Any district councilman candidate receiving a majority of the total votes cast from the district in which he is a candidate shall be elected as a district councilman in his district. In the event that a district councilman candidate, should fail to receive such a majority, then another election shall be held upon the same day of the week three weeks thereafter to be called and held in the same mode and manner and under the same rules and regulations. In the second election there shall be two candidates for each place upon the council to be filled in such run-off election and these candidates shall be the two who received the highest number of votes. The candidate or candidates for the council receiving the highest number of votes cast in the second election shall be elected, so that in the first and second elections seven councilmen shall be elected. Regular municipal elections shall be held quadrennially thereafter under the same rules and regulations and in the same mode and manner as provided by law. The councilmen so elected shall take office upon the expiration of the terms of office of the present municipal officeholders. Each councilman shall hold office for four years, but shall serve until his successor shall have qualified. A councilman may succeed himself in office.
Ala. Code § 11-59-10 — Alabama Code / Title 2 / Chapter 59 / Section 11-59-10
Section 11-59-10 Bonds - Security for Payment of Principal and Interest; Remedies Upon Default
Status: in_force

The principal of and interest on any bonds issued by the corporation shall be secured by a pledge of the revenues out of which the same shall be made payable and may be secured by a mortgage or deed of trust covering all or any part of the facilities from which the revenues so pledged may be derived, including all supplies, equipment and easement in connection with such facilities and any enlargements of and additions to any thereof thereafter made. Any such mortgage or deed of trust and the resolution under which the bonds are authorized to be issued may contain any agreements and provisions respecting the management, operation and maintenance of the facilities covered thereby, the fixing and collection of rents, fees and charges for any portions thereof leased by the corporation or used by the public or any services rendered respecting the same, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default as the board of directors shall deem advisable; except, that no such properties may be sold in foreclosure of such mortgage and deed of trust. Whenever the corporation shall have any of its bonds outstanding, it shall charge, collect and account for sufficient revenues from the operation and lease of its facilities as may be necessary to pay all expenses of operating and maintaining its facilities and as may further be necessary to pay the principal of and interest on its bonds as such principal and interest shall mature and to maintain any special funds which may be provided for in the proceedings pursuant to which such bonds shall have been issued. Each pledge, agreement, mortgage and deed of trust made for the benefit or security of any of the bonds of the corporation shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid.

No such mortgage or deed of trust shall be subject to foreclosure and, in the event of default in the payment of the principal of or interest on the bonds secured thereby or in any of the agreements on the part of the corporation contained therein, the remedies available shall be limited either to mandamus to compel performance of the obligations and agreements of the corporation with respect to which the corporation may be in default or to the appointment, as a matter of right, by any court having jurisdiction over the corporation of a receiver with all the powers of such a receiver, including the power under the jurisdiction of such court to operate and lease or license for use by others all or any of its facilities of the corporation and to charge and collect charges, fees and rents for admission to and use of the facilities of the corporation and for the services rendered by it and to apply the revenues so collected toward the expenses of such receivership and the payment of the principal of and interest on the bonds of the corporation. There is hereby granted to any receiver so appointed power to charge and collect such charges, fees and rents for such purposes under the jurisdiction of the court appointing such receiver.
Ala. Code § 11-57-9 — Alabama Code / Title 2 / Chapter 57 / Section 11-57-9
Section 11-57-9 Powers - Eminent Domain
Status: in_force

The authority shall have the same power of eminent domain as is vested by law in the municipality, which power shall be exercised in the same manner and under the same conditions as are provided by law for the exercise of the power of eminent domain by the municipality.
Ala. Code § 11-41-1 — Alabama Code / Title 2 / Chapter 41 / Section 11-41-1
Section 11-41-1 Authority; Petition to Probate Judge for Order of Incorporation
Status: in_force

When the inhabitants of an unincorporated community, which has a population of not less than 300, constituting a body of citizens whose residences are contiguous to and all of which form a homogeneous settlement or community, desire to become organized as a municipal corporation, they may apply to the judge of probate of the county in which the territory is situated, or the greater portion thereof if it is situated in two or more counties, for an order of incorporation, by a petition in writing signed by not less than 15 percent of the qualified electors residing within the limits of the proposed municipality and by the persons, firms, or corporations owning at least 60 percent of the acreage of the platted or unplatted land of the proposed municipality. No platted or unplatted territory shall be included within the boundary unless there are at least four qualified electors, according to government survey, residing on each quarter of each quarter section or part thereof of the platted or unplatted lands of the proposed municipality, who assent thereto in writing by signing the petition. An unincorporated community lying within or partly within the boundaries of a county having a population of 600,000 or more, according to the most recent federal decennial census, shall not be incorporated under this section if the territory proposed to be incorporated has a total population of less than 1,000 or if the territory or any part of its perimeter lies within three miles of the corporate limits of any existing city or town. Provided further, that if an unincorporated community lying within or partly within the boundaries of a county having a population of 600,000 or more, according to the most recent federal decennial census, contains territory that is located closer than three miles to the corporate boundaries of a Class 1 city or town, the unincorporated community shall not be prohibited from incorporating under this section if its territory proposed to be incorporated has a total population of at least 10,000 inhabitants according to the most recent federal decennial census. Notwithstanding the provisions of the preceding sentence, the unincorporated communities of Cahaba Heights and Pinson, which lie within or partly within the boundaries of a county having a population of 600,000 or more according to the most recent federal decennial census, and contain territory that is located closer than three miles to the corporate boundaries of a Class 1 city or town, shall not be prohibited from incorporating under this section if the territory proposed to be incorporated has a total population of at least 5,000 inhabitants according to the most recent federal decennial census.

Provided further, an unincorporated territory in any county of 600,000 population or more shall not be prohibited from incorporating under this section if it contains a population of 3,000 or more inhabitants although a portion of the territory proposed to be incorporated lies within three miles of a Class 4 or 5 municipality, or if it contains a population of 1,500 or more, although a portion of the territory proposed to be incorporated lies within three miles of a Class 6, 7, or 8 municipality.

The petition for incorporation shall be submitted by the persons seeking the incorporation referendum to the judge of probate by a verified application, which shall state the proposed name of the municipality, have attached thereto and as a part thereof an accurate plat of the territory proposed to be embraced within the corporate limits, including all subdivisions into lots, blocks, streets, and alleys, within the territory, if any, and have accurate description by metes and bounds of the boundary of the territory. The application shall contain proof of residence and qualifications as electors of petitioners and of persons affected. When determining the ownership of the lands, the person, firm, or corporation assessing the property for taxation shall be accepted by the judge of probate as prima facie the owner thereof. All petitions circulated with respect to any proposed incorporation referendum shall be uniform in character. Each signer of a petition shall sign his or her name and shall have placed on the petition after his or her name his or her place of residence by street and number, if available, and the date on which the signature is affixed. The signatures attached to any petition need not be signed on one page, but each page shall have attached an affidavit by the person circulating the petition stating the number of signers on each page of the petition, that each signature signed on the page is the genuine signature of the person whose name it purports to be, and that the signature was made in the presence of the person circulating the petition.

The inhabitants of any island having an area of not less than five square miles and a population of not less than 300 qualified electors actually residing thereon and being situated in a county having a population of not less than 300,000 nor more than 600,000, according to the 1970 or any subsequent federal decennial census, may become organized as a municipal corporation, embracing within the corporate limits of the proposed municipality the entire area of the island, even though there may be on the island one or more quarters of a quarter section according to the government survey on which no qualified elector resides, if not less than 51 percent of the qualified electors residing on the island sign and file with the judge of probate a petition requesting the judge of probate to call an election relative to the incorporation and the vote at the election is favorable to incorporation. The petition shall state the proposed name of the municipality and shall have attached thereto and made a part thereof an accurate plat of the entire island, including all subdivisions into lots, blocks, streets, and alleys within the territory, and an accurate description by metes and bounds of the island. Except as provided in this section, the incorporation of any municipality shall be governed by the laws currently providing for the incorporation of unincorporated communities. The petition for incorporation shall comply with the requirements of this section in effect at the time of the original filing of the petition with the judge of probate. Any subsequent refiling of the petition to correct defects shall also comply with the requirements of this section in effect at the time of the original filing of the original petition with the probate court. The requirements for compliance with this section shall not be changed between the date of the original filing with the judge of probate of a petition for incorporation and the vote for incorporation.

The persons filing the verified application shall be required to tender a deposit to the judge of probate for reasonably anticipated costs and expenses associated with the requested incorporation referendum.

After August 1, 2004, any municipality incorporated under the procedures set out in this section shall assume responsibility to control, manage, supervise, regulate, repair, maintain, and improve all public streets or parts thereof lying within the incorporated limits no later than 24 months after the incorporation is finalized.
Ala. Code § 11-57-4 — Alabama Code / Title 2 / Chapter 57 / Section 11-57-4
Section 11-57-4 Certificate of Incorporation - Contents; Execution and Acknowledgment; Approval by Governing Body
Status: in_force

(a) The certificate of incorporation of the authority shall state:

(1) The name and address of each of the incorporators and a statement that each of them is a duly qualified elector of and property owner in the municipality;

(2) The name of the corporation (which shall be “The Public Library Authority of the (City or Town) of _____” or some other name of a similar import);

(3) The location of its principal office, which shall be in the municipality;

(4) The number of directors (which shall be three or a multiple of three); and

(5) Any other matter relating to the authority that the incorporators may choose to insert and which shall not be inconsistent with this chapter or with the laws of the state.

(b) The certificate of incorporation shall be signed and acknowledged by each of the incorporators before an officer authorized by the laws of the state to take acknowledgments of deeds.

(c) The form and contents of the certificate of incorporation must be submitted to the governing body for its approval, which shall be evidenced by a resolution duly entered upon the minutes of the governing body.
Ala. Code § 11-67-6 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-6
Section 11-67-6 Entry of Municipal Employees and Agents on Property for Abatement or Removal of Nuisance; Abatement or Removal by Private Contractor; Right of Owner to Abate or Remove Nuisance at Own Expense
Status: in_force

(a) After the council passes a resolution finding the conditions of a property to be a nuisance and ordering its abatement or removal, all employees and authorized agents of the Class 2 municipality may enter the property for that purpose.

(b) The city may authorize private contractors, companies, enterprises, or individuals to abate and remove the nuisance. The council, by resolution, shall designate the contractors, companies, enterprises, or individuals that may perform the work. Those persons designated may enter the private property for purposes of abating or removing the nuisance. For purposes of this division, compliance with the competitive bid law is not required.

(c) Any property owner may have any weeds or debris abated or removed at his or her expense, provided it is abated or removed prior to the commencing of work by employees or agents of the municipality.
Ala. Code § 11-74-5 — Alabama Code / Title 2 / Chapter 74 / Section 11-74-5
Section 11-74-5 Agreements and Obligations; Exemptions from Taxation and Competitive Bid Requirements
Status: in_force

(a) The state or any political subdivision shall not in any event be liable for the payment of the principal of or interest on any bonds of the corporation or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the corporation, and none of the bonds of the corporation or any of its agreements or obligations shall be construed to constitute an indebtedness of the state or any political subdivision within the meaning of any constitutional or statutory provision whatsoever.

(b) The corporation and the property and income of the corporation, whether used by it or leased to others; all bonds issued by the corporation, whether used by it or leased to others; all bonds issued by the corporation; the income from those bonds or from any other sources; the interest and other profits from such bonds enuring to and received by the holders thereof; conveyances by and to the corporation; and leases, mortgages, and deeds of trust by and to the corporation shall be exempt from all taxation in the state.

(c) The corporation shall be exempt from all laws of the state requiring competitive bids for contracts to be entered into by municipalities or public corporations.
Ala. Code § 11-43-5.1 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-5.1
Section 11-43-5.1 Abolition or Creation of Civil Service System, Etc., in Municipality Having Less Than 5,000 Inhabitants; Section in Pari Materia with Section 36-27-6
Status: reserved

(a) Any law to the contrary notwithstanding, the governing body of any municipality, with a population of less than 5,000 persons, by resolution duly adopted, may abolish or create a civil service system or other personnel board for its officers and employees. Provided, however, any person holding an office or position in or who is a member of any civil service or merit system within any such municipality upon any such action by a municipality shall continue all rights, interest, and privileges vested or vesting therein.

(b) The provisions of this section shall be construed in pari materia with Section 36-27-6; provided, however, those laws or parts of laws which are in conflict with the provisions of this act are hereby repealed.
Ala. Code § 2-19-63 — Alabama Code / Title 2 / Chapter 19 / Section 2-19-63
Section 2-19-63 Enforcement of Rules and Regulations, Etc.; Denial or Revocation of Permits
Status: in_force

(a) It shall be the duty of the commissioner to enforce the requirements of law relative to cotton gins and to see that all rules and regulations relative to cotton gins that may be established from time to time by him and approved by the State Board of Agriculture and Industries are observed.

(b) The said commissioner shall have power to refuse to issue a permit and to revoke at any time the permit that has been issued to any cotton ginner who fails or refuses to comply with the law or with the rules and regulations of the State Board of Agriculture and Industries.

(c) Any cotton ginner to whom such commissioner refuses to issue a permit or whose permit has been revoked may appeal to the State Board of Agriculture and Industries, which shall consider the matter with as little delay as possible and make such order as may be justified by the facts.

(d) The action of the board in refusing to grant or in revoking any permit may be reviewed by the circuit court of the county in which the cotton gin is located, upon a complaint being filed in said circuit court, accompanied by a bond to be approved by the register or clerk, within 15 days after notice to the applicant or permittee of the board’s decision. Such complaint shall be styled in the name of the applicant or permittee as plaintiff against the commissioner, as defendant, and shall set forth the action complained of and request its reversal. It shall be the duty of the commissioner to serve an answer within 30 days after said complaint is served upon him. The case shall be heard de novo by the court and it shall be determined from the evidence whether the refusal or revocation of the permit is or is not justified, and judgment shall be accordingly entered, subject to the right of appeal, which shall lie as in other civil cases, which decision shall be binding upon the parties.

(e) Appeal rights provided in this section shall not suspend the action of the commissioner in the revocation or refusal of a permit.
Ala. Code § 11-43A-1.1 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-1.1
Section 11-43A-1.1 Organization of Council-Manager Form of Government; Election of Council Members
Status: in_force

Notwithstanding any other provision of this article, after the judge of probate has certified to the mayor or other chief executive officer of the municipality the sufficiency of a petition asking that the question of the adoption of the council-manager form of government be submitted to the qualified voters of the municipality, any Class 4, 5, 6, 7, or 8 municipality having the mayor-council form of government, by resolution of the council, may provide for the council in a municipality proposing to adopt the council-manager form of government to be composed of either five or seven members as follows: One member shall be the mayor elected at large, who shall be a voting member of the council and either four or six members shall be council members elected either at large or from single-member districts, as the resolution shall provide. If a municipality has single-member districts for the election of council members when the council-manager form of government is adopted in the municipality, the municipality shall continue with either four or six council members elected from single-member districts and the mayor shall be elected at large. The question on the ballot shall indicate the composition of the mayor and council should the council-manager form of government be adopted. If the adoption of the council-manager form of government is approved as provided in Section 11-43A-6, the municipality shall be governed by this article, except to the extent of any direct conflict in this article concerning the number and election of members of the council as provided in this section.
Ala. Code § 11-47-212 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-212
Section 11-47-212 Exercise by Subdivision with Respect to Projects Outside Corporate Limits or Boundaries of Powers Granted with Respect to Projects Within Corporate Limits or Boundaries
Status: in_force

All authority heretofore or hereafter granted to a subdivision to acquire, provide, establish, finance, including the issuance of bonds, warrants, or other obligations to pay the cost thereof, own, use, operate, manage, and control, including the fixing of fees and the charging for access to and the use and enjoyment thereof and the making of rules and regulations with respect thereto, projects situated within its corporate limits, in the case of a municipality, or within its boundaries, in the case of a county, shall be applicable to and may be exercised by the subdivision with respect to any project situated in whole or in part outside its corporate limits or its boundaries, as the case may be.