reglab/housing_qa huggingface dataset:
AL Code § 39-3-5 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 3 - Use of Domestic Products and Resident Workmen for Public Works, Improvements, Etc.|Section 39-3-5 - Preference to Resident Contractors in Letting of Certain Public Contracts.

Section 39-3-5Preference to resident contractors in letting of certain public contracts. (a) In the letting of public contracts in which any state, county, or municipal funds are utilized, except those contracts funded in whole or in part with funds received from a federal agency, preference shall be given to resident contractors, and a nonresident bidder domiciled in a state having laws granting preference to local contractors shall be awarded Alabama public contracts only on the same basis as the nonresident bidder's state awards contracts to Alabama contractors bidding under similar circumstances; and resident contractors in Alabama, as defined in Section 39-2-12, be they corporate, individuals, or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident. (b) A summary of this law shall be made a part of the advertised specifications of all projects affected by this law. (Acts 1984, No. 84-228, p. 348; Act 2001-637, §1.)
AL Code § 39-5-1 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 5 - Actions or Proceedings Upon Public Works or Improvements Contracts Improperly Let or Executed.|Section 39-5-1 - Contracts Let in Violation of Law Unenforceable; Certificate of Compliance; Rebuttable Presumption of Compliance.

Section 39-5-1Contracts let in violation of law unenforceable; certificate of compliance; rebuttable presumption of compliance. (a) No civil action shall be brought or maintained by a contractor in any court in this state to require any awarding authority to pay out public funds for work and labor done, for materials supplied, or on any account connected with performance of a contract for public works, if the contract was let or executed in violation of or contrary to this title or any other provision of law. (b) The awarding authority shall, prior to the execution of final contracts and bonds, certify that the contract to be awarded is let in compliance with this title and all other applicable provisions of law; and, only for purposes of a civil action as referenced in subsection (a), the issuance of the certificate by the awarding authority shall constitute a presumption that the contract was let in accordance with the laws. The presumption may be rebutted only by a showing with clear and convincing evidence that the certification is false or fraudulent and that the contractor knew that the certification was false or fraudulent before execution of the contract. (Acts 1961, No. 868, p. 1361, §1; Acts 1997, No. 97-225, p. 348, §1.)
AL Code § 39-5-2 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 5 - Actions or Proceedings Upon Public Works or Improvements Contracts Improperly Let or Executed.|Section 39-5-2 - Issuance of False or Fraudulent Certificate of Compliance.

Section 39-5-2Issuance of false or fraudulent certificate of compliance. Any awarding authority or its agents issuing a willfully false or fraudulent certificate as required by Section 39-5-1 shall be guilty of a felony and, on conviction thereof, shall be fined not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000) or, at the discretion of the jury, shall be imprisoned in the penitentiary for not less than one nor more than three years. (Acts 1961, No. 868, p. 1361, §6; Acts 1997, No. 97-225, p. 348, §1.)
AL Code § 39-5-3 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 5 - Actions or Proceedings Upon Public Works or Improvements Contracts Improperly Let or Executed.|Section 39-5-3 - Actions to Recover Funds Received Under Such Contracts.

Section 39-5-3Actions to recover funds received under such contracts. An action shall be brought by the Attorney General or may be brought by any interested citizen, in the name and for the benefit of the awarding authority, to recover paid public funds from the contractor, its surety, or any person receiving funds under any public works contract let in violation of or contrary to this title or any other provision of law, if there is clear and convincing evidence that the contractor, its surety, or such person knew of the violation before execution of the contract. The action shall be commenced within three years of final settlement of the contract. (Acts 1961, No. 868, p. 1361, §2; Acts 1997, No. 97-225, p. 348, §1.)
AL Code § 39-5-4 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 5 - Actions or Proceedings Upon Public Works or Improvements Contracts Improperly Let or Executed.|Section 39-5-4 - Actions to Enjoin Letting or Execution of Such Contracts or Payment of Public Funds Thereunder.

Section 39-5-4Actions to enjoin letting or execution of such contracts or payment of public funds thereunder. The Attorney General, a bona fide unsuccessful or disqualified bidder, or any interested citizen may maintain an action to enjoin the letting or execution of any public works contract in violation of or contrary to the provisions of this title or any other statute and may enjoin payment of any public funds under any such contract. In the case of a successful action brought by a bidder, reasonable bid preparation costs shall be recoverable by that bidder. The action shall be commenced within 45 days of the contract award. (Acts 1961, No. 868, p. 1361, §3; Acts 1997, No. 97-225, p. 348, §1.)
AL Code § 39-5-5 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 5 - Actions or Proceedings Upon Public Works or Improvements Contracts Improperly Let or Executed.|Section 39-5-5 - Persons Entering Into Contracts for Public Works Presumed to Have Notice of Title.

Section 39-5-5Persons entering into contracts for public works presumed to have notice of title. All persons or parties entering into contracts or agreements with an awarding authority for the construction of a public work shall be conclusively presumed to have notice of the provisions of this title. (Acts 1961, No. 868, p. 1361, §5; Acts 1997, No. 97-225, p. 348, §1.)
AL Code § 39-5-6 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 5 - Actions or Proceedings Upon Public Works or Improvements Contracts Improperly Let or Executed.|Section 39-5-6 - Provisions of Title Mandatory; Construction and Application of Title.

Section 39-5-6Provisions of title mandatory; construction and application of title. The provisions of this title are mandatory, and shall be construed to require strict competitive bidding on contracts for public works. The courts shall not invoke or apply any principle of quantum meruit, estoppel, or any other legal or equitable principle which would allow recovery for work and labor done or materials furnished under any contract let in violation of competitive bidding requirements as prescribed by law. (Acts 1961, No. 868, p. 1361, §4; Acts 1997, No. 97-225, p. 348, §1.)
AL Code § 39-6-2 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 6 - Construction of Public Buildings With Radioactive Fallout Protection.|Section 39-6-2 - Requirement of Radioactive Fallout Protection in New Public Buildings or Structures and Additions by Municipal Governing Bodies and County Commissions; Provisions of Section Cumulative.

Section 39-6-2Requirement of radioactive fallout protection in new public buildings or structures and additions by municipal governing bodies and county commissions; provisions of section cumulative. (a) Each municipal governing body and county commission in this state, may, by ordinance or resolution, require that all new public buildings or structures hereafter planned or constructed and any additions to existing buildings or structures hereafter planned or constructed be so planned and constructed that fallout protection from radioactivity for at least the normal anticipated occupancy will be provided. Said municipal governing body or county commission may require that such radioactive fallout protection meet the minimum space and fallout protection criteria recommended by the Office of Civil Defense, United States Department of Defense, at the time of the beginning of the planning of such building or structure. In no case, however, shall a requirement be made if the cost of inclusion of radioactive fallout protection in such building or structure would create an additional net cost in the cost of any such building or structure in excess of the percentages of the estimated costs of such building or structure as follows: (1) Four percent for costs of $50,000.00 to $500,000.00. (2) Three percent for costs of $500,001.00 to $1,500,000.00. (3) Two percent for costs exceeding $1,500,001.00. (b) The provisions of this section are in addition to any other powers and authorities heretofore conferred upon municipal and county governing bodies relating to regulations to buildings and structures and the provisions of this section are cumulative thereto. (Acts 1969, No. 757, p. 1337.)
AL Code § 39-7-1 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-1 - Definitions.

Section 39-7-1Definitions. When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) AUTHORITY. A corporation created pursuant to this chapter. (2) MUNICIPALITY. Any city or town incorporated under the laws of the State of Alabama and the inhabitants of an area containing not less than 250 qualified electors outside of an unincorporated city or town who shall become incorporated pursuant to the provisions of this chapter. (3) TERRITORY. The geographical area coterminous with the boundaries of a municipality. (4) GOVERNING BODY. The body or board, by whatsoever name it may be known, having charge of the finances of a municipality. (5) SERVICES. Any one or more or all of the following: water, sewerage, telephone, gas or electric heat, light, or power services, commodities or facilities. (6) ENTERPRISE. The business, undertaking or enterprise of furnishing services. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §17; Acts 1956, 2nd Ex. Sess., No. 68, p. 359, §1.)
AL Code § 39-7-2 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-2 - Authorization for Incorporation Generally.

Section 39-7-2Authorization for incorporation generally. The citizens of any city or town in the State of Alabama or the citizens of any area in the State of Alabama containing as many as 250 qualified electors may be incorporated as an authority under this chapter. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §18.)
AL Code § 39-7-3 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-3 - Filing of Petition for Election as to Incorporation.

Section 39-7-3Filing of petition for election as to incorporation. A petition, in the form and executed as provided in Sections 39-7-4 and 39-7-5 may be presented by filing the same with the clerk of the city or town, and when the petition is signed by inhabitants of an area with 250 qualified electors it may be presented to the probate judge of the county in which the electors reside. It shall be signed by qualified electors in the territory by a number of at least equal to five percent of the total number of qualified electors in said territory. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §19.)
AL Code § 39-7-4 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-4 - Form and Verification of Petition.

Section 39-7-4Form and verification of petition. (a) The petition shall be in substantially the following form: "To the (herein insert the name of governing body) of the City (or Town) or to the Probate Judge of _____ County. We, the undersigned, qualified electors of the area embraced within the city or town or of the following described area _____ respectfully petition that there be submitted to a vote of the qualified electors in said area the following question: 'Shall the citizens of said city or town or the citizens of said described area (describing it) be incorporated by the name of the Improvement Authority of (here insert name of city or town, or area) for the purpose of engaging in the enterprise of furnishing to such city, town or area and its inhabitants or to the inhabitants of such area described for public and private uses the following services: _____________________________ _____________________________ _____________________________' (Signatures of electors) _____________________________ _____________________________ _____________________________ (Residences by street and number) _____________________________ _____________________________ _____________________________" (b) One of the persons who presents and files the petition shall make an affidavit that the signatures on the petition are genuine signatures and that the persons who signed their names thereto are qualified electors according to the published poll list. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §20.)
AL Code § 39-7-5 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-5 - Summary Proceedings for Review, etc., of Sufficiency of Petition.

Section 39-7-5Summary proceedings for review, etc., of sufficiency of petition. The probate or circuit court or any judge thereof within the county shall have summary jurisdiction upon complaint of an elector to determine the sufficiency of the petition and shall make such order as justice may require as to such sufficiency. Such summary proceeding shall be instituted within 10 days after the petition is filed with the clerk or probate judge. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §21.)
AL Code § 39-7-6 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-6 - Publication of Notice of Filing of Petition and of Question to Be Submitted to Voters at Election.

Section 39-7-6Publication of notice of filing of petition and of question to be submitted to voters at election. The clerk or probate judge shall give notice of the submission of the question by causing notice of the filing of the petition and the question to be submitted to be published at least once on the same day of each week for three consecutive weeks in a newspaper of general circulation in the territory. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §24.)
AL Code § 39-7-7 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-7 - Submission of Question Proposed by Petition to Voters at General Election.

Section 39-7-7Submission of question proposed by petition to voters at general election. If the petition shall have been filed with the clerk or probate judge or, in case a summary proceeding has been instituted, a final order thereon has been made in favor of the sufficiency of the petition not more than 60 days and not less than 30 days prior to a general city or town or county election, the body of the city or town to which such petition is directed or the probate judge of the county in which the unincorporated area is located shall cause the question proposed by the petition to be duly submitted to a vote of the electors of the territory at such general election. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §22.)
AL Code § 39-7-8 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-8 - Holding of Special Election for Submission of Question to Voters; Provisions of Law Governing Conduct of Such Elections; Payment of Expenses of Elections.

Section 39-7-8Holding of special election for submission of question to voters; provisions of law governing conduct of such elections; payment of expenses of elections. If a petition shall not have been filed or, in case a summary proceeding has been instituted, a final order thereon has not been made in favor of the sufficiency of the petition so as to permit the question to be submitted at a general election within the provisions of Section 39-7-7, the body to which such petition is directed shall at its next regular meeting succeeding the presentation of the petition or, in case a summary proceeding has been instituted, succeeding the date of a final order thereon in favor of the sufficiency of the petition or the probate judge of the county in which the unincorporated area is located shall designate a day for the holding of a special election to ascertain the will of the electors regarding the question, which day shall not be less than 30 days nor more than 40 days from the date of such regular meeting. The provisions of the election laws covering the registration of voters, equipment of polling places, furnishing of supplies, appointment of election officers, voting and canvassing of returns, at a general election shall apply to such election. The governing body of such city or town or the governing body of the county in which the unincorporated area is located is hereby authorized to appropriate and expend from moneys raised by taxation for the necessary expense of such special election. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §23.)
AL Code § 39-7-9 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-9 - Contents and Form of Election Ballot.

Section 39-7-9Contents and form of election ballot. The question set forth in the petition shall be printed on the ballot. At the left of the question there shall be printed two voting squares, with the word "Yes" for voting for the question at the right of one square and the word "No" for voting against the question at the right of the other square. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §25.)
AL Code § 39-7-10 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-10 - Adoption of Resolution Setting Forth Question Submitted and Votes Cast; Declaration of Incorporation of Improvement Authority.

Section 39-7-10Adoption of resolution setting forth question submitted and votes cast; declaration of incorporation of improvement authority. At the regular meeting of the governing body of the municipality next succeeding the completion of the canvass and the statement and proclamation of result, such governing body shall adopt a resolution setting forth the question submitted at the election, the number of votes cast for the question and the number of votes cast against the question. If the number of votes cast for the question exceeds the number of votes cast against the question at such election, such resolution shall further declare that the citizens of the State of Alabama who are inhabitants of the territory, the boundaries of which are coterminous with the boundaries of such municipality, are incorporated as the "Improvement Authority of _____." (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §26.)
AL Code § 39-7-11 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-11 - When Authority Deemed Incorporated; Transmission of Certified Copy of Resolution, etc., to Secretary of State; Secretary of State to Furnish Statement of Names, etc., of Authorities Incorporated to Department of Finance; Publication of Statement and Effect Thereof.

Section 39-7-11When authority deemed incorporated; transmission of certified copy of resolution, etc., to Secretary of State; Secretary of State to furnish statement of names, etc., of authorities incorporated to Department of Finance; publication of statement and effect thereof. The citizens of the State of Alabama who are inhabitants of such territory shall become and be an incorporated authority under this chapter from and after the date of adoption of the resolution of the governing body of such municipality declaring that such citizens are incorporated as the "Improvement Authority of _____." Within five days after the adoption of such resolution by the governing body, the clerk or probate judge shall transmit a certified copy thereof together with a complete record of all proceedings had in regard to the incorporation of such authority, to the Office of the Secretary of State of the State of Alabama where it shall be filed as a public record. It shall be the duty of the Secretary of State to furnish to the Department of Finance on October 1 of each year the names of the authorities which have been incorporated pursuant to this chapter with a statement of the date of the resolution declaring the incorporation of such authority. Such statement shall be published by the Department of Finance in its annual report under a separate and appropriate heading and such statement, so published, shall be conclusive evidence of such incorporation. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §27.)
AL Code § 39-7-12 (2021)
2021 Code of Alabama|Title 39 - Public Works.|Chapter 7 - Improvement Authorities.|Section 39-7-12 - Authority to Be Public Corporation; Exercise of Powers of Authority.

Section 39-7-12Authority to be public corporation; exercise of powers of authority. (a) Each authority incorporated under this chapter shall be a public corporation in perpetuity under its corporate name and the same shall in that name be a body politic and corporate, with power of perpetual succession. (b) The power of each authority shall be vested in and exercised by a majority of the members of the board of trustees of the improvement authority in office. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §28.)