AL Code § 11-81-265 (2021)
2021 Code of Alabama|Title 11 - Counties and Municipal Corporations.|Title 3 - Provisions Applicable to Counties and Municipal Corporations.|Chapter 81 - Municipal and County Bonds.|Article 9|Section 11-81-265 - Authorization and Procedure for Reincorporation of Existing Road Improvement Commissions; Continuation in Office of Directors; Effect of Reincorporation.

Section 11-81-265Authorization and procedure for reincorporation of existing road improvement commissions; continuation in office of directors; effect of reincorporation. (a) In any county containing a Class 4 municipality incorporated under Chapter 44B of Title 11, where there has been an attempt to create a road improvement commission by general or local legislation, but the attempted creation or incorporation is or may be invalid because of an irregularity in the procedure followed or invalidity of or defect in the statute under which the attempted creation or incorporation of the authority or board was made, a minimum of four natural persons who reside in the county in which the authority is to be incorporated and who are members of the road improvement commission may file a written application with the probate judge of the county in which the road improvement commission has been attempted to be created. The application shall: (1) Contain a statement that the incorporators propose to reincorporate the commission into an authority pursuant to this article. (2) State that each of the applicants is a resident of the county of incorporation and a member of the commission. (3) Request that the county commission of the county of incorporation and of each participating municipality adopt a resolution declaring that it is expedient that the road improvement commission be reincorporated as a road improvement authority, approving the written application, and authorizing the incorporators to proceed to reincorporate the road improvement commission by filing for record articles in accordance with this article. (b)(1) An application shall be accompanied by the form of articles of the road improvement commission proposed to be reincorporated.  (2) The articles shall specify that the manner of appointment of the board of directors shall be the same as provided for in the general or local legislation creating or attempting to create the road improvement commission. (c) The governing body of the county of incorporation and of each participating municipality shall review the contents of the application and the accompanying form of articles and shall adopt a resolution either to deny the application or declare that it is expedient that the proposed reincorporation occur, approving the form of articles, and authorizing the incorporators to proceed to reincorporate the road improvement commission by filing for record the articles in accordance with Section 11-81-264, except that the articles shall specify the name of the road improvement commission being reincorporated. (d) It shall not be necessary that any resolution be published in any newspaper or posted or be offered for more than one reading. (e)(1) Upon the filing for record of the articles of the authority with the probate judge, the commission shall be reincorporated and the existence and validity of the authority validated and ratified retroactive to the initial creation or attempted creation of the commission, with all authorities and powers granted to an authority under this article. All actions taken, policies observed, contracts, obligations, agreements and understandings entered, property owned, acquired, received, or conveyed, any civil actions pending or concluded, any employee rights or benefits granted, and all other matters with respect to the road improvement commission occurring or existing prior to the date of reincorporation shall be deemed transferred, assigned, and conveyed to, and received, accepted, and adopted by, the authority as of the date of reincorporation, and shall be deemed valid, binding, effective, legal, and constitutional with respect to the authority after the date of reincorporation if those matters would have been valid, binding, legal, effective, or constitutional if occurring after the date of reincorporation under the terms of this article. (2) Upon the filing for record of the articles of the authority with the probate judge, the proceeds of any taxes that are directed by law to be paid to the road improvement commission, including, but not limited to, those taxes directed to be paid to the road improvement commission under Act 56 of the 1953 Regular Session, as amended, shall thereafter be paid to the reincorporated road improvement authority. (f) Upon reincorporation, the directors of the authority shall consist of those natural persons who were members of the road improvement commission prior to reincorporation, until new appointments are made under the articles of the authority. (Act 2021-408, §6.)