reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 8 - Liability for Negligence of Agents, Etc. › Section 11-47-191 - Institution of Actions, Entry, and Execution of Judgments Against Municipalities and Other Persons or Corporations Jointly Liable.

Section 11-47-191
Institution of actions, entry, and execution of judgments against municipalities and other persons or corporations jointly liable.
(a) The injured party, if he institutes a civil action against the municipality for damages suffered by him, shall also join such other person or persons or corporation so liable as defendant or defendants of the civil action, and no judgment shall be entered against the city or town unless judgment is entered against such other person or corporation so liable for such injury, except where a summons is returned not found as to a defendant or when judgment is entered in his favor on some personal defense, and if a civil action be brought against the city or town alone and it is made to appear that any person or corporation ought to be joined as a defendant in the action according to the provisions in Section 11-47-190, the action shall be dismissed, unless the plaintiff amends his complaint by making such party or corporation a defendant, if a resident of the state, but no person shall be sued jointly with the city or town who would not be liable separately, irrespective of this provision.
(b) When a judgment shall be obtained against a municipality and the other party liable as provided in subsection (a) of this section, execution shall issue against the other defendant or defendants in the ordinary form and shall not be demandable of the city or town unless the other defendants are insolvent and the same cannot be made out of their property, and the city or town shall pay only so much of the said judgment as cannot be collected from the other defendants.
(c) If the injured party shall, before bringing the civil action, demand of the mayor or other chief executive officer of such municipality the name of such other person or persons or corporation as may be liable jointly with the said municipality to such injured party, and if such mayor or other chief executive officer fails to furnish, within 10 days from the making of such demand, the name of such person or persons or corporation so jointly liable, the said injured party shall not be required to join such other person as a party defendant with said municipality in any civil action brought to recover damages for such injuries.
(Code 1907, §1274; Code 1923, §2030; Code 1940, T. 37, §503.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 8 - Liability for Negligence of Agents, Etc. › Section 11-47-192 - Filing of Statement as to Manner of Injury, Damages Claimed, Etc.

Section 11-47-192
Filing of statement as to manner of injury, damages claimed, etc.
No recovery shall be had against any city or town on a claim for personal injury received, unless a sworn statement be filed with the clerk by the party injured or his personal representative in case of his death stating substantially the manner in which the injury was received, the day and time and the place where the accident occurred and the damages claimed.
(Code 1907, §1275; Code 1923, §2031; Code 1940, T. 37, §504.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-211 - Powers of Subdivisions as to Acquisition or Leasing of Lands, Buildings, etc., for Projects, Generally.

Section 11-47-211
Powers of subdivisions as to acquisition or leasing of lands, buildings, etc., for projects, generally.
Each subdivision in the State of Alabama may, in the manner as may be authorized or provided by law for the acquisition of lands, buildings, facilities, and improvements for public purposes, acquire or lease lands, buildings, facilities, and improvements situated in whole or in part inside or outside the limits of the subdivision for one or more projects; provided, however, that no project acquired by a municipality shall be located in whole or in part within the corporate limits or the police jurisdiction of another municipality or within a county other than the county where its primary site of government is located unless the governing body of the other municipality or county has first adopted a resolution consenting to the location therein of the project; provided further, that no project acquired by a county shall be located in whole or in part in a different county unless the governing body of the other county has first adopted a resolution consenting to the location therein of the project.
(Acts 1977, No. 209, p. 276, §2; Acts 1996, No. 96-320, p. 361, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › 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.

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.
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.
(Acts 1977, No. 209, p. 276, §3; Acts 1996, No. 96-320, p. 361, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-213 - Cooperation by Subdivisions in Acquisition, Establishment, Operation, etc., of Projects; Powers of Cooperating Subdivisions.

Section 11-47-213
Cooperation by subdivisions in acquisition, establishment, operation, etc., of projects; powers of cooperating subdivisions.
A subdivision may join and cooperate with one or more other subdivisions in acquiring, providing, establishing, financing, refinancing, operating, managing, and controlling and conducting projects, making them common to the use of the subdivisions and the inhabitants thereof, and in fixing and charging fees and making rules and regulations for the conduct, management, and use thereof.
All subdivisions so joining or cooperating shall jointly have the same powers and authority conferred on each by this article.
(Acts 1977, No. 209, p. 276, §4; Acts 1996, No. 96-320, p. 361, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-215 - Certificate of Incorporation of Authorities - Contents.

Section 11-47-215
Certificate of incorporation of authorities - Contents.
The certificate of incorporation of the authority shall state:
(1) The names of the persons forming the authority, together with the residence of each person, and that each of them is a duly qualified elector of at least one of the subdivisions.
(2) The name of the authority, which may be a name indicating in a general way the area proposed to be served by the authority and shall include the words "Public Park Authority" (e.g., "The _____ Public Park Authority," or "The Public Park Authority of _____," the blank spaces to be filled in with the name of one or more of the authorizing subdivisions or other geographically descriptive word or words, the descriptive word or words shall not, however, preclude the authority from locating facilities or otherwise exercising its powers in other geographical areas), unless the Secretary of State shall determine that the name is identical to the name of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty, in which case, the incorporators may insert additional identifying words so as to eliminate the possibility of duplication or similarity.
(3) The period for the duration of the authority (if the duration is to be perpetual, that fact should be so stated).
(4) The name of each authorizing subdivision, together with the date on which the governing body thereof adopted an authorizing resolution.
(5) The proposed location of the principal office of the authority, which shall be within the boundaries of one of the authorizing subdivisions.
(6) That the authority is organized pursuant to the provisions of this article.
(7) If the exercise by the authority of any of its powers hereunder is to be in any way prohibited, limited, or conditioned and a statement of the terms of the prohibition, limitation, or condition.
(8) The number of members of the board of directors of the authority, which shall be an odd number not less than three, the duration of their respective terms of office, which shall not be in excess of six years, and the manner of their election or appointment.
(9) Any provisions, not inconsistent with this article, which relate to the vesting of title to its properties upon its dissolution.
(10) A statement as to whether employees of the authority shall or shall not be subject to civil service laws, retirement laws, and disability laws applicable to employees of one of the authorizing subdivisions which then may be in effect or may thereafter be enacted.
(11) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this article or with the laws of the state.
(Acts 1977, No. 209, p. 276, §6; Acts 1996, No. 96-320, p. 361, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-219 - Authority and Procedure for Dissolution of Authorities; Vesting of Title, etc., to Properties Thereof Upon Dissolution.

Section 11-47-219
Authority and procedure for dissolution of authorities; vesting of title, etc., to properties thereof upon dissolution.
At any time when an authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon filing for record of a certified copy of the resolution in the office of the judge of probate with which the authority's certificate of incorporation is filed, the authority shall thereupon stand dissolved and in the event it owned any property at the time of its dissolution, the title to all its properties shall, subject to any constitutional provision or inhibitions to the contrary, thereupon vest in one or more counties or municipalities in the manner and interests as may be provided in the certificate of incorporation. Notwithstanding the foregoing, if the certificate of incorporation contains no provision respecting the vesting of title to the properties of the authority, title to all of the properties shall, subject to any constitutional provision or inhibitions to the contrary, thereupon vest in its authorizing subdivision, or if the authority has more than one authorizing subdivision, in its authorizing subdivisions as tenants in common.
(Acts 1977, No. 209, p. 276, §10; Acts 1996, No. 96-320, p. 361, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-220 - Construction of Article.

Section 11-47-220
Construction of article.
Neither this article nor anything contained in this article shall be construed as a limitation or restriction upon any power which a municipality might otherwise have under the laws of the State of Alabama and this article shall be construed as cumulative of such powers.
(Acts 1977, No. 209, p. 276, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-221 - Bonds of an Authority - Execution and Delivery; Form and Denominations; Rate of Interest; Redemption; Issuance and Sale.

Section 11-47-221
Bonds of an authority - Execution and delivery; form and denominations; rate of interest; redemption; issuance and sale.
Bonds of an authority may be executed and delivered by it at any time, shall be in the form and denominations and of the tenor and maturity or maturities not exceeding 30 years from their date, shall bear the rate or rates of interest, which may be fixed or which may float or vary based on some index or other standard deemed appropriate by the board or pursuant to periodic determinations made by an agent of the authority, shall be payable and evidenced in the manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent with the provisions of this article, all as may be provided by the resolution of the board authorizing the bonds or by the indenture whereunder the bonds are authorized to be issued. A bond of any authority having a specified maturity date more than 10 years after its date shall be made subject to redemption at the option of the authority at the end of the tenth year after its date, and on any interest payment date thereafter, under such terms and conditions and at such premiums, if any, as may be provided in the resolution under which the bond is authorized to be issued. Any borrowing may be effected by the issuance and sale of bonds at either public or private sale in the manner, at the price or prices, at the time or times and on the other terms and conditions as may be determined by the board to be most advantageous to the authority.
(Acts 1996, No. 96-320, p. 361, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-223 - Bonds of an Authority - Signature and Seal.

Section 11-47-223
Bonds of an authority - Signature and seal.
All bonds of an authority shall be signed in the name and behalf of the authority by its chair or vice-chair, and the seal of the authority shall be affixed thereto and attested by its secretary or an assistant secretary. Notwithstanding the foregoing, facsimiles of the signatures of the officers may be imprinted or otherwise reproduced on any of the bonds in lieu of the officers manually signing the same so long as the related indenture or other authorizing proceedings provide for the manual authentication of the bonds by a trustee or paying agent, and provided further that a facsimile of the seal of the authority may be imprinted, or otherwise reproduced, on any of the bonds in lieu of being manually affixed thereto. If, after any of the bonds are so signed, whether manually or by facsimile, any officer shall, for any reason, vacate his or her office, the bonds so signed may nevertheless be delivered at any time thereafter as the act and deed of the authority.
(Acts 1996, No. 96-320, p. 361, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-227 - Construction of Bonds as Negotiable Instruments.

Section 11-47-227
Construction of bonds as negotiable instruments.
Bonds issued by an authority shall be construed to be negotiable instruments although payable solely from a specified or limited source.
(Acts 1996, No. 96-320, p. 361, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-228 - Exemption From Taxation.

Section 11-47-228
Exemption from taxation.
The property and income of an authority, all bonds issued by an authority, the interest on the bonds, conveyances by or to an authority, and leases, deeds, or indentures by or to an authority shall be exempt from all taxation in the state. All tangible personal property sold by an authority is expressly exempt from all state and local sales and use taxes imposed pursuant to law. An authority shall be exempt from all taxes levied by any county or municipality which has consented to and approved the project, or other political subdivision of the state, including, without limitation, license and excise taxes imposed in respect of the privilege of engaging in any of the activities in which an authority may engage. An authority shall not be obligated to pay or allow any fees, taxes, or costs to the judge of probate of any county in respect of its incorporation, the amendment of its certificate of incorporation, or the recording of any document.
(Acts 1996, No. 96-320, p. 361, §10; Act 2000-716, p. 1538, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-229 - Exemption From State Laws Governing Usury or Prescribing or Limiting Interest Rates.

Section 11-47-229
Exemption from state laws governing usury or prescribing or limiting interest rates.
Each authority shall be exempt from the laws of the state governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of Chapter 8 of Title 8.
(Acts 1996, No. 96-320, p. 361, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-230 - Compliance With State Laws Governing Competitive Bidding.

Section 11-47-230
Compliance with state laws governing competitive bidding.
An authority and all contracts made by it shall comply with the laws of the state requiring competitive bids for any contract to be entered into by municipalities or public corporations including, without limitation, the provisions of Article 3 of Chapter 16 of Title 41.
(Acts 1996, No. 96-320, p. 361, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-231 - Bonds as Legal Investments.

Section 11-47-231
Bonds as legal investments.
The bonds of an authority shall be legal investments in which the state and its agencies and instrumentalities, all counties, municipalities, and other political subdivisions of the state and public corporations organized under the laws thereof, all insurance companies and associations and other persons carrying on an insurance business, all banks, savings banks, savings and loan associations, trust companies, credit unions, and investments companies of any kind, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whosoever are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds in their control or belonging to them.
(Acts 1996, No. 96-320, p. 361, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-232 - Authority as Nonprofit Corporation.

Section 11-47-232
Authority as nonprofit corporation.
An authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event a board shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of an authority, then any portion, as determined by the board, of the net earnings of an authority thereafter accruing may, in the discretion of the board, be paid to one or more of its authorizing subdivisions.
(Acts 1996, No. 96-320, p. 361, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-233 - Notice Respecting Issuance of Bonds; Limitation of Actions Contesting Validity of Bonds.

Section 11-47-233
Notice respecting issuance of bonds; limitation of actions contesting validity of bonds.
Upon the adoption by the board of an authority of any resolution providing for the issuance of bonds, the authority shall cause a notice respecting the issuance of the bonds to be published once a week for two consecutive weeks in each county in which shall be located any project financed or in any way assisted by the issuance of the bonds, the publication in each county to be in a newspaper having general circulation therein. The notice shall be in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the chair or secretary of the authority:
"________, a public corporation and instrumentality of the State of Alabama, on the _____ day of ________, authorized the issuance of $ _____ principal amount of bonds (or notes, as the case may be) of the public corporation for purposes authorized in the act of the Legislature of Alabama under which the public corporation was organized. Any action or proceedings questioning or contesting the validity of the bonds, or the instruments securing the same, or the proceedings authorizing the same, must be commenced on or before ________ (insert date determined in accordance with the provision of the next paragraph of this section)."
The date stated in the notice as the date on or before which any action or proceedings questioning or contesting the validity of the bonds referred to therein shall be commenced shall be a date at least 30 days after the date on which occurs the last publication of the notice necessary for it to have been published at least once in all counties in which it is required to be published. Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in the notice or to contest the validity of the bonds, or the validity of any instruments securing the same, shall be commenced on or before the date determined in accordance with the preceding sentence and stated in the notice as the date on or before which the action or proceeding shall be commenced. After the date no right of action or defense shall be asserted questioning or contesting the validity of the bonds, or the instruments securing the same, or the proceedings authorizing the same, nor shall the validity of the bonds or the instruments or proceedings be open to question in any court on any ground whatsoever, except in an action or proceeding commenced on or before the date.
(Acts 1996, No. 96-320, p. 361, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-234 - Eminent Domain.

Section 11-47-234
Eminent domain.
Neither an authority nor a participating subdivision in an authority shall have the power of eminent domain for a project under this article.
(Acts 1996, No. 96-320, p. 361, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-235 - Effect of Revenue Obligations on State of Alabama; Prohibition Against Use of State Funds to Retire Indebtedness.

Section 11-47-235
Effect of revenue obligations on State of Alabama; prohibition against use of state funds to retire indebtedness.
Revenue obligations issued by any public authority pursuant to this article shall not create an obligation or debt of the State of Alabama, and no state funds shall be used to retire the principal and interest of any indebtedness issued pursuant to this article.
(Acts 1996, No. 96-320, p. 361, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-236 - Application of Alabama Administrative Procedure Act to Rules Adopted by Authorities.

Section 11-47-236
Application of Alabama Administrative Procedure Act to rules adopted by authorities.
The Alabama Administrative Procedure Act shall apply to rules adopted by authorities created pursuant to this article.
(Acts 1996, No. 96-320, p. 361, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-237 - Application of State Ethics Act to Members of Authorities.

Section 11-47-237
Application of State Ethics Act to members of authorities.
The State Ethics Act shall apply to members of authorities created pursuant to this article.
(Acts 1996, No. 96-320, p. 361, §19.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-238 - Relationship of Article to Other Laws.

Section 11-47-238
Relationship of article to other laws.
The provisions of this article are cumulative and shall not be deemed to repeal existing laws.
(Acts 1996, No. 96-320, p. 361, §20.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 9 - Parks, Playgrounds, and Other Recreational and Athletic Areas and Facilities. › Section 11-47-239 - Construction of Article to Effect Its Purpose.

Section 11-47-239
Construction of article to effect its purpose.
The provisions of this article shall be liberally construed to effect its purpose.
(Acts 1996, No. 96-320, p. 361, §21.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 10 - Off-Street Parking Facilities. › Section 11-47-240 - Definitions.

Section 11-47-240
Definitions.
When used in this article, unless the context plainly indicates otherwise, the following words and terms shall have the following meanings ascribed to them:
(1) THE CITY. A city subject to this article.
(2) GOVERNING BODY. The body in which the general legislative power of the city is vested.
(3) PARKING FACILITY. Any building, structure, land, right-of-way, equipment, or facility used or useful in connection with the construction, enlargement, development, maintenance, or operation of any area or building for off-street parking of motor vehicles.
(Acts 1977, No. 300, p. 401, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 10 - Off-Street Parking Facilities. › Section 11-47-241 - Powers of Certain Cities as to Planning, Establishment, Operation, etc., of Parking Facilities.

Section 11-47-241
Powers of certain cities as to planning, establishment, operation, etc., of parking facilities.
Any city in this state having a population of 34,000 or more according to the last federal decennial or any subsequent federal census is hereby authorized:
(1) To plan, establish, develop, acquire, construct, enlarge, improve, maintain, equip, operate, regulate, and protect parking facilities;
(2) To finance the cost of parking facilities in whole or in part by the issuance of bonds, warrants, notes, or other evidences of indebtedness;
(3) To pledge to the payment thereof its full faith and credit and any taxes, licenses, or revenues which the city may then be authorized to pledge to the payment of bonded or other indebtedness;
(4) To lease or let parking facilities or any one or more of them to such tenant or tenants, for such period and such compensation or rental and on such conditions as the governing body may prescribe;
(5) To fix, establish, collect, and alter parking fees, tolls, rents, and other charges for the use of any parking facility;
(6) To make and enforce rules and regulations governing the use of any parking facility owned or controlled by the city; and
(7) To execute such contracts and other instruments and to take such other action as may be necessary or convenient in connection with parking facilities.
(Acts 1977, No. 300, p. 401, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 10 - Off-Street Parking Facilities. › Section 11-47-242 - Applicability of Provisions of Article.

Section 11-47-242
Applicability of provisions of article.
This article shall apply to each city of the State of Alabama having a population of 34,000 or more according to the last or any subsequent federal decennial census and to no other city.
(Acts 1977, No. 300, p. 401, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 10 - Off-Street Parking Facilities. › Section 11-47-243 - Construction of Article.

Section 11-47-243
Construction of article.
The provisions of this article are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with the provisions of this article.
(Acts 1977, No. 300, p. 401, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 11 - Beach Projects of Coastal Municipalities. › Section 11-47-250 - Definitions.

Section 11-47-250
Definitions.
When used in this article, the following words and terms shall have the following meanings:
(1) BEACH. A sandy shoreline area abutting to the Gulf of Mexico, characterized by low relief, generally of gentle slope, and some vegetation, extending into the abutting waters to a distance 1,000 feet seaward of the mean high tide line.
(2) BEACH PROJECT. The placement and maintenance of sand and associated sand stabilization structures, vegetation, vegetation irrigation systems, and access structures on a coastal beach for the purposes of maintaining or restoring the beach and providing storm protection for upland properties.
(3) COASTAL BEACH. Any beach that is located wholly or partially within the corporate limits of a coastal municipality and that abuts the waters of the Gulf of Mexico.
(4) COASTAL MUNICIPALITY. A municipal corporation whose corporate limits include or abut the waters of the Gulf of Mexico.
(5) GOVERNING BODY. The body in which the general legislative power of a coastal municipality is vested.
(Act 2000-676, p. 1365, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 11 - Beach Projects of Coastal Municipalities. › Section 11-47-251 - Powers of Coastal Municipalities.

Section 11-47-251
Powers of coastal municipalities.
(a) Any coastal municipality may do any of the following:
(1) Plan, establish, develop, construct, enlarge, improve, maintain, regulate, and protect beach projects, including, without limitation, joint beach projects with one or more other coastal municipalities.
(2) Finance the cost of beach projects in whole or in part by the issuance of bonds, warrants, notes, or other evidence of indebtedness.
(3) Pledge to the payment thereof its full faith and credit and any taxes, licenses, or revenues which the coastal municipality may then be authorized to pledge to the payment of bonded or other indebtedness.
(4) Make and enforce rules and regulations governing the use of and activities upon the areas included within any beach project established by the coastal municipality with the concurrence of the Commissioner of the Department of Conservation and Natural Resources, acting through the Lands Division of the department.
(5) Acquire or condemn lands or rights, easements, or interests therein for use in the establishment and maintenance of beach projects in accordance with Article 7 of this chapter or Chapter 1A of Title 18.
(6) Execute contracts and other instruments and take such other action as may be necessary or convenient in connection with beach projects.
(b) Nothing in this section shall be construed to limit or repeal the powers and authority otherwise granted to a municipal corporation under Chapter 48 of this title.
(Act 2000-676, p. 1365, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 11 - Beach Projects of Coastal Municipalities. › Section 11-47-252 - Requirements for Construction of Beach Project.

Section 11-47-252
Requirements for construction of beach project.
A coastal municipality may not begin construction of a beach project until each of the following requirements have been satisfied:
(1) The governing body of the coastal municipality, after a public hearing held on not less than 30 days' public notice, has identified the following by adoption of a survey, map, metes and bounds description, or plane coordinate references.
a. The location of the mean high tide line for the area in which the beach project is proposed to be located.
b. The location of the limits of the landward and seaward extensions of the proposed beach project relative to both the mean high tide line and the construction control line, if any, then established under the regulations of the Alabama Department of Environmental Management, the ordinances of the coastal municipality, or both.
(2) The Commissioner of the Department of Conservation and Natural Resources, acting through the Lands Division of the department, has issued a permit ratifying and confirming the location of the mean high tide line and authorizing the construction and maintenance of the proposed beach project pursuant to Section 9-15-56.
(3) To the extent that the proposed beach project is to be located landward of the mean high tide line, the coastal municipality has obtained by conveyance or exercise of powers of eminent domain any necessary rights to utilize the land lying between the mean high tide line and the limits of the landward extension of the beach project.
(4) The governing body of the coastal municipality has caused to be recorded with the office of the judge of probate in the county or counties within which the beach project is to be located a certified copy of the survey, plat, map, metes and bounds description, or plane coordinate references identifying the location of the mean high tide line within the area of the beach project as ratified and confirmed by the commissioner.
(Act 2000-676, p. 1365, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-1 - Short Title.

Section 11-48-1
Short title.
This article may be referred to and designated as "The Municipal Public Improvement Act."
(Acts 1927, No. 639, p. 753, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-2 - Definitions.

Section 11-48-2
Definitions.
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) COUNCIL. The council, mayor and aldermen, or other governing body.
(2) MUNICIPALITY. Any city or town now or hereafter created, except where clearly restricted.
(Code 1907, §1360; Code 1923, §2175; Acts 1927, No. 639, p. 753, §§1, 4; Code 1940, T. 37, §§512, 514.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-3 - Applicability of Provisions of Article.

Section 11-48-3
Applicability of provisions of article.
The provisions of this article shall apply to all municipalities of this state.
(Acts 1927, No. 639, p. 753, §1; Code 1940, T. 37, §512.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-6 - Filing of Plans, Specifications, etc., of Improvements in Office of Engineer for Public Inspection; Establishment of Date for Hearing of Objections as to Improvements.

Section 11-48-6
Filing of plans, specifications, etc., of improvements in office of engineer for public inspection; establishment of date for hearing of objections as to improvements.
Such details, drawings, plans, specifications, surveys, and estimates shall, when completed, be placed on file not later than two weeks prior to the date of the meeting provided for in this section and Section 11-48-8 in the office of the city or town engineer or other officer designated in such ordinance or resolution, where property owners who may be affected by such improvement may see and examine the same, and the said ordinance or resolution shall appoint a time when the council will meet, which shall be not less than two weeks after the date of the first publication of said ordinance or resolution, to hear any objections or remonstrances that may be made to said improvement, the manner of making the same or the character of the material or materials to be used.
(Code 1907, §1362; Code 1923, §2177; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §516.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-7 - Publication of Ordinance or Resolution; Notice to Certain Property Owners of Ordinance or Resolution.

Section 11-48-7
Publication of ordinance or resolution; notice to certain property owners of ordinance or resolution.
Said ordinance or resolution must be published once a week for two consecutive weeks in some newspaper published in said city or town, and, if no newspaper is published therein, it may be published either in a newspaper of general circulation in said municipality or by posting for two weeks in three public places in such city or town.
A copy of said ordinance or resolution shall also be sent, by registered or certified mail, postage prepaid, to the persons last assessed for city or town taxation, the property of whom may be assessed for said improvements at their last known addresses, said notices to be so mailed not less than 10 days before the meeting of the city council provided for in Section 11-48-8. The failure of any official charged with the duty of sending such notice to send the same or the failure of any owner of property to receive such notice, if sent by registered or certified mail as provided in this section, shall not invalidate or in anywise affect any assessment made under the provisions of this article.
(Code 1907, §1363; Code 1923, §2178; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §517; Acts 1967, No. 742, p. 1595.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-9 - Costs of Proposed Improvements Specified; Payment of Portion Thereof by Council.

Section 11-48-9
Costs of proposed improvements specified; payment of portion thereof by council.
The council may pay out of the general funds of the city or town or any special fund that may be provided for the purpose such portion of the cost of the proposed improvement as it may deem proper.
The cost of any improvement contemplated by this article shall include the expense of the preliminary and other surveys, the inspection and superintendence of the work, the preparation, publication, and mailing of the notices, resolutions, and ordinances required by this article, the cost of construction, the printing of bonds, the interest on money borrowed during construction, or on bonds when bonds have been issued in anticipation of the collection of assessments, the preparation of proceedings authorizing the issuance of notes or bonds under the provisions of this article, and the rendition of the approving opinions with respect thereto and any other expenses necessary for the completion of such improvement.
(Code 1907, §1365; Acts 1909, No. 200, p. 197; Code 1923, §2180; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §519; Acts 1953, No. 849, p. 1141.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-10 - When Council to Establish Grade of Street, Alley, Sidewalk, etc., to Be Improved.

Section 11-48-10
When council to establish grade of street, alley, sidewalk, etc., to be improved.
Before the passage of the final resolution or ordinance to make any improvement on any street, avenue, alley, or sidewalk, the cost of which or any part thereof is to be assessed to the abutting property, if the grade of such street, avenue, alley, or sidewalk has not been established or if said improvement necessitates a change of grade, the council shall, by ordinance, fix and establish the grade of such street, avenue, alley, or sidewalk about to be improved and also the grade of the curb on each side thereof.
(Code 1907, §1366; Code 1923, §2181; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §520.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 48 - Public Improvements and Assessments Generally. › Article 1 - General Provisions. › Section 11-48-11 - Notice, Advertisement and Letting of Contract for Improvements.

Section 11-48-11
Notice, advertisement and letting of contract for improvements.
(a) If the council shall finally order the making of the proposed improvement or improvements, notice shall be given asking for bids for such work, which notice shall describe in a general way the character and approximate quantities of such work and the types of materials, including alternates, if any, to be employed and shall be published once a week for two consecutive weeks in a newspaper published in said city or town or, if there is no newspaper published in said city or town, in a newspaper of general circulation therein. The date for receiving bids as set out in said notice shall be not earlier than two weeks after the date of first publication of said notice.
The said municipal authorities must let the contract to the lowest responsible bidder; provided, that if the lowest responsible bidder has not bid a satisfactory price, the council may reject all bids and readvertise for bids in the same manner as hereinabove provided. The said municipal authorities may, by order, impose further conditions upon bidders with regard to bonds and surety for the faithful completion of such work according to contract or for any other purpose mentioned in the specifications. Surety bond for the faithful completion of said work shall be required, where same or any part thereof is let out by contract, in an amount not less than 50 percent of the estimated total of each contract.
(b) Notwithstanding the provisions of subsection (a) of this section, the city or town may elect
(1) To construct the said improvements or furnish labor or material or both for the same without asking for bids; or
(2) To contract with the State of Alabama or any of its departments or agencies for construction of the said improvements or the furnishing of labor, materials, and services or any thereof for all or part of the said improvements.
In the event that the city or town makes any such election, then the provisions of subsection (a) of this section requiring the city or town to ask for bids from contractors and to publish a notice with respect thereto shall not be applicable to any work of construction to be performed by the city or town or to any labor and material or either to be furnished by the city or town or to any work of construction, labor, materials, or services that are to be supplied by the state pursuant to any contract between the city or town and the state or any of its departments or agencies.
(Code 1907, §1367; Code 1923, §2182; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §521; Acts 1965, No. 883, p. 1662.)