AL Code § 45-37A-54.06 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 37A - Jefferson County Municipalities.|Article 5 - Birmingham.|Part 5 - Parks, Recreation, and Tourism.|Part 1 - Parks and Playgrounds.|Section 45-37A-54.06 - Park and Recreation Board - Officers; Powers and Duties; Impeachment or Removal; Interests of Members.

Section 45-37A-54.06Park and recreation board - Officers; powers and duties; impeachment or removal; interests of members. The members of the park and recreation board, when such board is constituted in accordance with Section 45–37A–54.05, shall immediately meet and organize by electing one of the members thereof as president and such other officers as may be necessary. The governing body of any such city, in addition to the powers directly vested in such board by this subpart, may confer upon and delegate to the park and recreation board of such city, when established and constituted, any other power or authority conferred upon such city by the terms of this subpart or conferred upon such city by any other provision of law, with respect to or in connection with the establishment, conduct, development, improvement, equipment, and maintenance of parks, park areas, park boulevards, playgrounds, recreational centers, and recreational activities, as fully and completely as any or all such powers may be constitutionally delegated to such board. The members of the park and recreation board of any such city may be impeached and removed from office upon the same grounds and in the same manner as is or may be provided by law for the impeachment or removal from office of the members of the governing body of such city. No member of the park and recreation board of any such city, and no person who has been a member of such board within six months from the time of making of any contract in behalf of the city by or through the agency of such board, shall be directly or indirectly pecuniarily interested in any contract or in the profits of any contract made through the agency of such board; and any and all contracts made in violation of this provision are and shall be held to be against public policy and void, except that such contract may be enforced by the city, and no such contract at the instance of the contractor or person or corporation claiming under or through the contractor, shall be enforced by any court, nor shall any contractor or person or corporation claiming under or through such contractor recover on a quantum meruit for any work or labor done, or material or supplies furnished when the work or labor done or material furnished was done or furnished under a contract which is void under the provisions hereof; and the city may sue for and recover all money paid under any contract which is void under the provisions hereof without abatement on account of any work or labor done or material furnished under the contract. No member of the park and recreation board of any such city, and no person who has been a member of the board within six months from the time of making of the sale, shall be directly or indirectly pecuniarily interested in the sale of any material or supplies of any kind or character for construction, betterment, or improvements in developing, beautifying, or otherwise improving any park or other property by and through the agency of such board, or in the sale of any material or supplies to any contractor or subcontractor to be used on or in furtherance of work let by or through the agency of the park and recreation board, and no suit may or shall be maintained in any court by the seller or person or corporation claiming under or through the seller for the purchase price or value of material or supplies sold in violation of the provisions hereof, and the city may sue for and recover from the seller the amount of all money paid to the seller for material and supplies sold in violation of the provisions hereof, and no person who has been a member of the board within six months from the time of the making of the sale or purchase shall be directly or indirectly furtherance of work set by pecuniarily interested in the sale to or purchase from the city by or through the agency or instance of the board of any land or interest in land, and any sale to or by the city made in violation of this provision, at the instance of the city, shall be held to be against public policy and void, and may be rescinded by the city. If any member of the park and recreation board is a stockholder in a corporation owning land or interest in land desired by the city for park and recreation purposes, or is the owner of an undivided interest in the land desired for such purposes, or if any member of the board is a stockholder in a corporation desiring to purchase land proposed to be sold by the city at the instance of the park and recreation board, such member may, in open meeting of the board, disclose his or her interest, which shall appear on the minutes of the meeting, and retire from the meeting of the board, and the other members of the board, if a quorum remains, may consider the matter and decide the same as they deem best; and any such sale shall be legal and valid. If any member of the park and recreation board is the owner of land which it is desired to acquire for the city for any such purpose, the same if acquired shall be acquired by the exercise of the right of eminent domain, and the petition or proceeding for condemnation shall set forth the facts in regard to the ownership by a member of the board. (Acts 1923, No. 529, p. 707, §7.)