reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-20 - Powers of City; Vesting of Existing Rights, Powers, and Properties.

Section 11-44B-20
Powers of city; vesting of existing rights, powers, and properties.
The city shall have all 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 and execute all the powers granted. The city may acquire property within or without its corporate limits for any purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, and may sell, lease, mortgage, hold, manage and control such property as the interest may require; and except as prohibited by the Constitution of this state, or restricted by this article, the city shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The enumeration of particular powers by this article shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the city shall have and may exercise all powers which, under the Constitution of this state, it would be competent for this article to specifically enumerate.
All rights, powers and properties of every description which were vested in any city which adopts the mayor-council form of government as herein provided by this article, shall vest in such city under the organization herein provided for, unless in conflict with the provisions of this article.
(Acts 1985, 1st Ex. Sess., No. 85-107, p. 141, §20.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-21 - Ordinances and Resolutions Continued in Effect; References to Certain Officers or Governing Body in Existing Ordinances, etc., Deemed References to Mayor or Council.

Section 11-44B-21
Ordinances and resolutions continued in effect; references to certain officers or governing body in existing ordinances, etc., deemed references to mayor or council.
All ordinances and resolutions of the municipality in effect at the time of the adoption of the mayor-council form of government herein established shall continue in effect unless and until changed or repealed by the council.
Whenever, in any ordinance, resolution, or law in effect at the time of the adoption of the mayor-council form of government herein established, reference is made to the mayor, chairman of the commission board, public safety commissioner, associate commissioner No. 1, finance and water commissioner or associate commissioner No. 2, the same shall be construed to refer to the mayor of the mayor-council form of government herein established. Whenever in any ordinance, resolution or law in effect at the time of the adoption of the mayor-council form of government herein established, reference is made to the commission board of the city, city commission, the governing body, or like term, the same shall be construed to refer to the city council.
(Acts 1985, 1st Ex. Sess., No. 85-107, p. 141, §21.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-22 - Laws Relating to or Affecting City Continued in Effect; Inconsistent or Conflicting Laws Relating to Exercise of Powers, Functions, and Duties of Commission or Other Form of Government.

Section 11-44B-22
Laws relating to or affecting city continued in effect; inconsistent or conflicting laws relating to exercise of powers, functions, and duties of commission or other form of government.
All laws and parts of laws, general, local or special, relating to or affecting the city, its powers, functions, duties and property, in force when this article shall take effect, are hereby continued in effect; but all such laws relating to the exercise of the powers, functions, and duties of the commission or some other form of government, shall be superseded to the extent that the same are inconsistent with the provisions of this article, and all laws or parts of laws which conflict with this article are hereby repealed.
(Acts 1985, No. 85-107, p. 141, §23.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-23 - Authority to Collect Surcharge on New Water And/or Sewer Customers.

Section 11-44B-23
Authority to collect surcharge on new water and/or sewer customers.
Any law to the contrary notwithstanding and in addition to any other lawful charges, fees or rates which may be imposed and collected under various state laws and municipal ordinances for water and/or sewer service, any Class IV incorporated municipality in this state organized pursuant to Section 11-44B-1, et seq., that maintains and operates a water supply system and a sanitary sewer system shall have the power and authority to establish and collect in addition to all other fees and charges, a surcharge upon each new water and/or sewer customer of the municipality from April 21, 1994 not located within the corporate limits of the municipality. Provided, however, said surcharge shall not exceed 25 percent of any such water and/or sewer customer's monthly bill for such services. Provided further, however, no such surcharge may be imposed or collected for water sales to any water works system operated by a corporation or association organized in accordance with Sections 10-4-190 to 10-4-194, inclusive, Sections 11-88-1 to 11-88-21, inclusive, Sections 11-88-40 to 11-88-111, inclusive, or Sections 11-89-1 to 11-89-19, inclusive, nor for water and/or sewer sales to industries located within industrial parks designated by the city council of said municipality.
(Acts 1994, No. 94-537, p. 988, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-24 - Municipalities' Authority to Annex Certain Unincorporated Territory.

Section 11-44B-24
Municipalities' authority to annex certain unincorporated territory.
Any Class IV incorporated municipality in this state organized in accordance with Section 11-44B-1, et seq., shall have the following power and authority:
(a) To annex all or any portion of any unincorporated territory or any unincorporated territories which are enclosed within the corporate limits of the municipality and have been so enclosed for a period of one (1) year or more on April 21, 1994. The municipality shall adopt an ordinance finding and declaring that the unincorporated territory or unincorporated territories set forth and described therein is enclosed within the existing corporate limits of the municipality and has been so enclosed for a period of one (1) year or more on April 21, 1994 and that the annexation of the unincorporated territory or unincorporated territories is in the best interest of the public good and welfare of the municipality. Annexation of the unincorporated territory or unincorporated territories described in the ordinance shall be effective following the adoption and the publication thereof as required by law, and the filing of a copy of the ordinance, together with a map of the territory or territories annexed in the office of the judge of probate of the county or counties where the annexed territory is located. Any annexation made pursuant to this subsection must be made within one year of April 21, 1994.
(b) To annex all or any portion of any unincorporated territory or any unincorporated territories which become enclosed within the corporate limits of the municipality and have been so enclosed for a period of one (1) year or more. The municipality shall adopt an ordinance finding and declaring that the unincorporated territory or unincorporated territories set forth and described therein is enclosed within the corporate limits of the municipality and has been so enclosed for a period of one (1) year or more on the date of the adoption of said ordinance and that the annexation of the unincorporated territory or unincorporated territories is in the best interest of the public good and welfare of the municipality. Annexation of the unincorporated territory or unincorporated territories described in the ordinance shall be effective following the adoption and the publication thereof as required by law, and the filing of a copy of the ordinance, together with a map of the territory or territories annexed in the office of the judge of probate of the county or counties where the annexed territory is located. Provided, however, no unincorporated territory or unincorporated territories larger than fifteen (15) acres in size may be annexed pursuant to the provisions of this subsection.
(Acts 1994, No. 94-561, p. 1032, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-40 - Applicability of Article.

Section 11-44B-40
Applicability of article.
This article shall apply only to Class 4 municipalities organized under Chapter 44B, and electing by ordinance within 30 days of March 15, 2006, to be subject to this article and participate in the personnel system provided for in this article.
(Act 2006-233, p. 420, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-42 - Scope of Article; Rules and Regulations; Job Classification Specifications; Employment Retention and Removal; Reduction of Base Pay.

Section 11-44B-42
Scope of article; rules and regulations; job classification specifications; employment retention and removal; reduction of base pay.
(a) All covered employees of the city shall be subject to this article and the rules and regulations prescribed in or promulgated pursuant to this article.
(b) All rules and regulations promulgated pursuant to this article shall be enacted by the city council based upon applicable state and federal laws. The rules and regulations shall establish qualifications for examinations and appointment of new covered employees, assignment or transfer of current covered employees, resignations, disciplinary actions to include, but not be limited to, suspensions, demotions and dismissals, layoffs, leaves of absence with pay, leaves of absence without pay, and all other matters determined by the city council to be required to effectively implement the intent of this article. All rules and regulations shall govern covered employees. The city council shall cause the rules and regulations and other components of the established personnel system to be periodically reviewed and revised as needed to insure the system is responsive to the needs of the city, to meet all legal requirements, and to implement the intent of this article.
(c) The human resources department of the city shall develop and submit to the city council for approval by resolution job classification specifications for all jobs in the city to be representative of the duties, activities, and qualifications; provided however, the mayor may authorize or direct revisions to established job classification specifications to promote the efficiency of the city.
(d) Present employees determined to be regular status employees in accordance with this article and those who may hereafter be employed in the personnel system and to have achieved regular status shall remain in their respective employment subject to removal for cause, availability of funds, need for jobs as determined by the city council, and reductions in force. For department heads, removal for cause shall include failure to meet standards under performance based contracts or agreements if such performance based contracts are implemented. No covered employee on March 15, 2006, shall be subject to any examination in order to retain his or her present job. This article shall not be construed to prevent or preclude the removal of any covered employee, regardless of employment status, in the manner provided herein.
(e) Except in connection with a reduction in base pay for all jobs or a job classification, due to the availability of funds, the base pay of a covered employee may not be reduced except as provided herein.
(Act 2006-233, p. 420, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-44 - Probationary Period for Appointments.

Section 11-44B-44
Probationary period for appointments.
All appointments to covered jobs, including promotions, demotions, and transfers, shall be on a probationary basis for a period of one year from the beginning of employment. For those jobs in which the individual is required to meet state minimum standards, the probationary period shall conclude upon fulfillment of the standards or the passage of one year, whichever is later. A leave of absence will stay the probationary period for the length of the leave. During a covered employee's probationary period, a department head may discharge a probationer under his or her supervision by stating in writing the reasons to the mayor. If the mayor disagrees with the discharge, he or she, within five days of receipt of the written statement, may notify the department head and the probationer of the time and place of a hearing to be conducted in regard to the discharge. Upon failure of the mayor to so notify within five business days, the mayor shall be deemed to have consented to the discharge. In the event that a hearing is scheduled, the department head may suspend the probationer without pay pending the hearing.
(Act 2006-233, p. 420, §5; Act 2020-192, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-45 - Appointments and Promotions by Merit.

Section 11-44B-45
Appointments and promotions by merit.
All persons shall be appointed or promoted to covered jobs on a nonpartisan merit basis. No person shall be appointed or promoted to, or dismissed from, any job, or in any way favored or discriminated against with respect to employment because of his or her political or religious opinions or affiliations. No person shall seek or attempt to use any political endorsement in connection with any appointment or promotion to a job.
(Act 2006-233, p. 420, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-47 - Disciplinary Actions; Hearing.

Section 11-44B-47
Disciplinary actions; hearing.
(a) The mayor or department head shall have authority to discipline any covered employee pursuant to this article and the rules and regulations adopted by the city council to implement this article.
(b) No regular status employee may be suspended without pay, demoted, dismissed, or otherwise deprived of any constitutionally protected property interest in his or her job unless he or she has been afforded the opportunity of a predisciplinary hearing before a neutral hearing officer of the city in which he or she is informed of the reasons in writing for the disciplinary action and afforded an opportunity to respond orally or in writing in his or her defense prior to any such disciplinary action being taken. Thereafter, the department head or the mayor shall have the authority to demote or suspend the employee without pay for a period not to exceed 30 calendar days. A regular status employee so demoted or suspended may appeal the disciplinary decision to the board by filing a written demand with the board for a hearing within 10 calendar days of receipt of the disciplinary order. A department head's or the mayor's decision to terminate a regular status employee or suspend a regular status employee without pay for a period exceeding 30 calendar days shall require written charges sworn to before any person authorized to administer oaths setting forth succinctly the matters to be complained of to be filed with the board.
(Act 2006-233, p. 420, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-49 - Use of Authority to Influence Official Action; Candidates for Municipal Office to Take Leave of Absence.

Section 11-44B-49
Use of authority to influence official action; candidates for municipal office to take leave of absence.
No individual shall use, or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to affect employment, promotion, pay, or other conditions of employment, either adversely or advantageously, with the city or the board, for the purpose of influencing the vote or political action of any person or for any other consideration. A covered employee who is a candidate for municipal office in the city shall take a leave of absence beginning on the day he or she files a statement of candidacy and continuing for as long as he or she is a candidate for the office.
(Act 2006-233, p. 420, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-50 - Violations.

Section 11-44B-50
Violations.
The violation by any covered employee of this article, or of any of the rules and regulations adopted by the city pursuant to this article, shall constitute an offense for which charges may be preferred against the employee pursuant to the provisions hereof.
(Act 2006-233, p. 420, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44B - Abandonment of Commission Form of Government in Class 4 Municipalities. › Section 11-44B-51 - Adoption of Rules and Regulations.

Section 11-44B-51
Adoption of rules and regulations.
Within 12 months from March 15, 2006, the city council shall adopt and have published the rules and regulations in accordance with this article. The rules and regulations and all amendments thereafter shall be adopted by ordinance of a general and permanent nature and codified in the city code. Any reference in any ordinance, resolution, or code of any city electing to be subject to this article to any civil service board or personnel board or similar body existing on March 15, 2006, and exercising any powers or authorities that would otherwise be exercised pursuant to this article shall mean and refer to the appointing authority, the city, or the board as the context indicates.
(Act 2006-233, p. 420, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-1 - Applicability of Chapter.

Section 11-44C-1
Applicability of chapter.
This chapter shall apply to any Class 2 municipality in the state of Alabama.
(Acts 1985, No. 85-229, p. 96, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-2 - Special Election as to Adoption of Commission or Mayor-Council Form of Government.

Section 11-44C-2
Special election as to adoption of commission or mayor-council form of government.
Upon March 28, 1985, the mayor or chief executive officer of any city to which this chapter applies shall call a special election to be held on May 14, 1985, said call for the purpose of determining whether such city shall adopt the court ordered district commission form of government in accordance with the consent decree entered into by the parties and approved by the court on April 7, 1983, in the case of Bolden vs. City of Mobile, Civil Action No. 75-297, or in the alternative the mayor-council form of government, authorized by this chapter, and shall give notice of the time and purpose of such election by publication once each week for four consecutive weeks in a newspaper published in said city. All qualified electors of such city may participate in said election, as provided by this chapter, and such questions shall be plainly printed upon the ballot as provided in Section 11-44C-3. The election shall be conducted, the expenses paid, the votes canvassed and the results declared in the same manner as is or may be provided by law in other city elections. The proposal for which the majority of the votes cast shall be "yes," or in favor of such proposition shall thereby be adopted for such city, and the mayor or other chief executive officer shall transmit to the Governor, to the Secretary of State, and to the judge of probate of the county, a certificate stating that such proposition was adopted for such city.
(Acts 1985, No. 85-229, p. 96, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-3 - Form of Ballot; Marking of Ballot; Use of Voting Machines.

Section 11-44C-3
Form of ballot; marking of ballot; use of voting machines.
At such election the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for any other office or question and shall read as follows:
Check one of the following:
(1) Shall the mayor-council form of government, as provided by Act 85-229, be adopted for the city of _____?
Yes _____; or
(2) Shall the district commission form of government be adopted for the city of _____?
Yes _____.
The voter shall mark his ballot with a cross mark (X) after the proposition which expresses his choice. If voting machines are used at any voting place in such election, the above proposition may, at the discretion of the election commission or other body or official having charge of the conduct of municipal elections in such city, be submitted as a separate proposition on voting machines so used.
(Acts 1985, No. 85-229, p. 96, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-4 - Conduct of Election; Portions of Chapter Applicable Upon Choosing Form of Government; Election Expenses.

Section 11-44C-4
Conduct of election; portions of chapter applicable upon choosing form of government; election expenses.
The election shall be held and conducted in accordance with the provisions of Title 11, except as herein otherwise specifically provided. If the votes shall be in favor of the court ordered district commission form of government then only the applicable provisions of this chapter shall thereby be adopted for such city; if the majority of the votes shall be in favor of the mayor-council form of government, then only the applicable provisions of this chapter shall thereby be adopted for such city. The expenses of any and all elections provided for in this chapter shall be paid by the city.
(Acts 1985, No. 85-229, p. 96, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-5 - Provisions Applicable to Mayor-Council Form of Government.

Section 11-44C-5
Provisions applicable to mayor-council form of government.
If a majority of the qualified electors voting in the election provided herein choose a mayor-council form of government, the following provisions of this chapter shall be applicable.
(Acts 1985, No. 85-229, p. 96, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-6 - Election of Council and Mayor-at-Large; Time of Taking Office; Election Expenses.

Section 11-44C-6
Election of council and mayor-at-large; time of taking office; election expenses.
An election shall be held in 1985 at the regularly scheduled municipal election and the officials elected shall take office upon the expiration of the present official's term of office. Seven council members to be elected by districts and a mayor to be elected at-large shall be elected and the expense thereof shall be paid by the municipality.
(Acts 1985, No. 85-229, p. 96, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › 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.

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.
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.
(Acts 1985, No. 85-229, p. 96, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-8 - Mayor - Majority Vote Requirements; Run-Off Election.

Section 11-44C-8
Mayor - Majority vote requirements; run-off election.
The candidate for mayor receiving the largest number of votes for the office shall be elected thereto, provided such candidate receives a majority of all votes cast for such office. If at the first election no candidate received a majority of the votes cast for the office, 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 the office of mayor; and these candidates shall be the two who received the highest number of votes for said office at the first election.
(Acts 1985, No. 85-229, p. 96, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-9 - Mayor - Elections Held Quadrennially; Oath; May Succeed Himself.

Section 11-44C-9
Mayor - Elections held quadrennially; oath; may succeed himself.
The mayor shall qualify and take office in the manner herein prescribed. The regular election for mayor shall be held quadrennially thereafter under the same rules and regulations and in the same mode and manner herein provided. The mayor elected at such regular election shall qualify by making oath that he is eligible for said office and will execute the duties of same according to the best of his knowledge and ability. Said oath may be administered by any person authorized to administer an oath under the laws of Alabama. A mayor may succeed himself.
(Acts 1985, No. 85-229, p. 96, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-10 - City Continued as Municipal Corporation.

Section 11-44C-10
City continued as municipal corporation.
When this mayor-council form of government becomes applicable to a city, said city shall continue as a municipal corporation, within the corporate limits as now established and as may hereafter be fixed in the manner prescribed by law, subject to all duties and obligations then pertaining to or incumbent upon it as a municipal corporation and shall continue to enjoy all the rights, immunities, powers and franchises then enjoyed by it, as well as those that may thereafter or hereinafter be granted to it.
(Acts 1985, No. 85-229, p. 96, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-11 - Government Known as "Mayor-Council Form of Government"; Powers of City Vested in Council; Manner in Which Powers Exercised.

Section 11-44C-11
Government known as "mayor-council form of government"; powers of city vested in council; manner in which powers exercised.
The municipal government of any such city proceeding under this chapter shall be known as the "mayor-council form of government." Pursuant to the provisions and limitations of this chapter and subject to the limitations imposed by the Constitution of Alabama and its laws, all powers of the city shall be vested in the council elected as herein provided and hereinafter referred to as "the council," which shall enact ordinances, adopt budgets and determine policies. All powers of the city shall be exercised in the manner prescribed by this chapter, or if the manner be not prescribed, then in such manner as may be prescribed by law or by ordinance.
(Acts 1985, No. 85-229, p. 96, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-12 - Powers of City Generally.

Section 11-44C-12
Powers of city generally.
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.
(Acts 1985, No. 85-229, p. 96, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-14 - District Council Members - Filing as Candidate; Qualifying Fee.

Section 11-44C-14
District council members - Filing as candidate; qualifying fee.
Any person desiring to become a candidate in any election for the office of district council member may become such candidate by filing in the office of the city clerk, a statement in writing as required by the general municipal election laws. Said statement shall be accompanied by a qualifying fee in the amount of $125.00, which fee shall be paid into the general fund of the city.
(Acts 1985, No. 85-229, p. 96, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-15 - District Council Members - No Primary Elections; Filing of Pauper's Oath or Petition to Become Candidate.

Section 11-44C-15
District council members - No primary elections; filing of pauper's oath or petition to become candidate.
No primary election shall be held for the nomination of candidates for the office of council member, and candidates shall be nominated only as provided herein. A person may also become a candidate for the office of council member by filing a verified pauper's oath with the city clerk, or by filing a verified petition containing an endorsement of candidacy by the signatures and addresses of 500 persons, each of whom is a registered voter residing in the city and within the district for which the individual intends to be a candidate for election to office, provided that no such signature may be obtained more than 12 months preceding the deadline for filing said statements.
(Acts 1985, No. 85-229, p. 96, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-16 - District Council Members - Oath of Office.

Section 11-44C-16
District council members - Oath of office.
Every person who shall be elected or appointed to fill a vacancy in the office of council member shall, upon assuming office, qualify by making oath that he is eligible for said office and will execute the duties of same according to the best of his knowledge and ability. Said oath may be administered by any person authorized to administer an oath under the laws of the state of Alabama.
(Acts 1985, No. 85-229, p. 96, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-17 - District Council Members - Qualifications; Holding Other Offices; Effect of Conviction or Loss of Any Qualification.

Section 11-44C-17
District council members - Qualifications; holding other offices; effect of conviction or loss of any qualification.
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.
(Acts 1985, No. 85-229, p. 96, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-18 - District Council Members - Compensation; Additional Stipend for President of Council.

Section 11-44C-18
District council members - Compensation; additional stipend for president of council.
Each council member shall receive as compensation for his services the sum of $100.00 for each meeting of the council attended, and $500.00 per month. Said salaries shall be payable in monthly installments at the end of each month. The president of the council shall receive an additional stipend not to exceed $100.00 per month. Subsequent to the term of office of the mayor and councilmen elected hereunder, the mayor and each councilman shall receive as compensation for their services the sum established by the municipal governing body at least six months prior to the date of the regular election, but in no event shall salaries be set below those as specified in this chapter.
(Acts 1985, No. 85-229, p. 96, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-19 - President of Council.

Section 11-44C-19
President of council.
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.
(Acts 1985, No. 85-229, p. 96, §19.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-20 - Vice-President of Council.

Section 11-44C-20
Vice-president of council.
The vice-president of the council shall be elected by the members of the council. The vice-president will serve in the absence of the president. If a vacancy shall occur in the office of the vice-president of the council, the council shall elect a successor to the vice-president.
(Acts 1985, No. 85-229, p. 96, §20.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-21 - Powers of Council; Dealings With Officers and Employees in Administrative Service.

Section 11-44C-21
Powers of council; dealings with officers and employees in administrative service.
All legislative powers of the city, including all powers vested in it by this chapter, by the laws, general and local, of the state, and by the Code of Alabama 1975, as amended, and the determination of all matters of legislative policy, shall be vested in the council. Without limitation of the foregoing, the council shall have power to:
(1) Upon recommendation of the mayor, establish administrative departments and distribute the work of divisions,
(2) Adopt the budget of the city,
(3) Authorize the issuance of bonds or warrants,
(4) Inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs,
(5) Appoint the members of all boards except the planning commission and the housing board and the Airport Authority and the Industrial Development Authority,
(6) Succeed to all the powers, rights and privileges conferred upon the former governing body of the city by statutes in effect at the time of adoption by the city of the mayor-council form of government and not in conflict with this chapter,
(7) Levy property, sales and license taxes and local improvement assessments.
Neither the council nor any of its members shall direct or request the appointment of any person to, or his removal from office, or in any manner take part in the appointment or removal of officers and employees in the administrative service to the city. Except for the purpose of inquiry, the members of the council shall deal with the administrative service only through the mayor. Members of the council shall not give orders to any subordinates of the mayor, either publicly or privately. Any councilman violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a councilman.
(Acts 1985, No. 85-229, p. 96, §21.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-22 - Vacancies in Council.

Section 11-44C-22
Vacancies in council.
Vacancies of any nature in the council, other than those occurring less than one year prior to the date of the next regular council election, shall be filled by special elections 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 dates to be set no later than 120 nor less than 60 days after the occurrence of such vacancies. Such elections 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. 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 chapter 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 one year remains of the unexpired term shall be filled by appointment by the mayor with confirmation by the council.
(Acts 1985, No. 85-229, p. 96, §22; Act 2012-245, p. 477, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-23 - Creating, Changing, Abolishing, or Assigning Additional Functions to Offices, Departments, or Agencies.

Section 11-44C-23
Creating, changing, abolishing, or assigning additional functions to offices, departments, or agencies.
The council, upon recommendation of the mayor, by ordinance may create, change and abolish offices, departments, or agencies, other than the offices, departments and agencies established or continued by this chapter. The council, upon recommendation of the mayor, by ordinance may assign additional functions or duties to offices, departments or agencies established by this chapter, but may not discontinue or assign to any other office, department, or agency any function or duty assigned by this chapter to a particular office, department or agency.
(Acts 1985, No. 85-229, p. 96, §23.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-24 - City Clerk Continued in Office; Applicability of Merit System; Appointment of Successor; Duties.

Section 11-44C-24
City clerk continued in office; applicability of merit system; appointment of successor; duties.
The city clerk serving under the merit system at the time that this chapter becomes effective shall continue to hold office as the city clerk under the mayor-council form of government of such city, and his successor shall be selected and hold office subject to the provisions of such merit system. After the current city clerk retires, the council shall be the appointing authority in filling any vacancy in the office of city clerk. The city clerk shall give notice of special or called meetings of the council, shall keep the journal of its proceedings, shall authenticate by his signature and record in full in a book kept for such purpose all ordinances and resolutions and shall perform such other duties as shall be required by this chapter, or by ordinance, or such duties as are imposed by general law of Alabama upon city clerks.
(Acts 1985, No. 85-229, p. 96, §24.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-25 - First Meeting of Council; Council to Meet Regularly; Meetings Open to Public.

Section 11-44C-25
First meeting of council; council to meet regularly; meetings open to public.
The first meeting of each newly elected council for induction into office shall be held at 10 o'clock in the morning on the first Monday after the expiration of the term of office of the present municipal officeholders, after which the council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than once a week. All meetings of the council shall be open to the public.
(Acts 1985, No. 85-229, p. 96, §25.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-25.1 - Number of Required Council Meetings per Year.

Section 11-44C-25.1
Number of required council meetings per year.
The city council or governing body of a Class 2 municipality shall meet not less than 48 times per year on dates and at times to be decided by the city council.
(Acts 1996, No. 96-308, p. 351, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-26 - Council to Judge Election and Qualifications of Members.

Section 11-44C-26
Council to judge election and qualifications of members.
The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts.
(Acts 1985, No. 85-229, p. 96, §26.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44C - Government of Class 2 Municipalities. › Section 11-44C-27 - Rules and Order of Business of Council; Journal of Proceedings.

Section 11-44C-27
Rules and order of business of council; journal of proceedings.
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.
(Acts 1985, No. 85-229, p. 96, §27.)