reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 97 - Construction and Improvement of Utility Services Facilities. › Section 11-97-19 - Exemption From Usury and Interest Laws.

Section 11-97-19
Exemption from usury and interest laws.
Any corporation and all contracts made by it shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation to, the provisions of Chapter 8 of Title 8. Further, any payment payable directly or indirectly by any provider pursuant to any lease, installment sale contract, loan agreement, or other contract to which a corporation is a party, any payment pursuant to any utility service agreement or any payment pursuant to any other obligation constituting the source of payment for any obligation of a corporation which, in any such case under the laws of the state in effect at the time, constitutes interest, or a payment in the nature of interest, shall be exempt from all such laws of the state governing usury or prescribing or limiting interest rates.
(Acts 1984, No. 84-314, p. 695, §19.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 97 - Construction and Improvement of Utility Services Facilities. › Section 11-97-20 - Exemption From Competitive Bid Laws.

Section 11-97-20
Exemption from competitive bid laws.
Any corporation and all contracts made by it shall be exempt from the laws of the state requiring competitive bids for any contract to be entered into by counties, municipalities, public corporations, or other instrumentalities authorized by them, including, but without limitation to, the provisions of Article 3 of Chapter 16 of Title 41. Further, all contracts, whether or not involving any corporation as a party thereto, which relate to the design, construction, acquisition, financing, or operation of any facilities that are financed, in whole or in part, by any corporation pursuant to the provisions of this chapter (including, without limitation, utility services agreements and contracts for the design, construction, and equipment of such facilities) shall be exempt from (1) such laws requiring competitive bids for any contract to be entered into by counties, municipalities, public corporations, or other instrumentalities authorized by them, including, but without limitation to, the provisions of Article 3 of Chapter 16 of Title 41, and (2) the laws of the state limiting the duration of any contracts for the purchase of personal property or contractual services by counties, municipalities, public corporations, or other instrumentalities authorized by them, including, without limitation to, the provisions of Article 3 of Chapter 16 of Title 41.
(Acts 1984, No. 84-314, p. 695, §20.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 97 - Construction and Improvement of Utility Services Facilities. › Section 11-97-21 - Disposition of Net Earnings of Corporation.

Section 11-97-21
Disposition of net earnings of corporation.
Every corporation shall be a nonprofit public corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any private person, 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 a corporation, then any net earnings of a corporation thereafter accruing shall be paid to its determining subdivision.
(Acts 1984, No. 84-314, p. 695, §21.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 97 - Construction and Improvement of Utility Services Facilities. › Section 11-97-22 - Bonds of Corporation as Legal Investments.

Section 11-97-22
Bonds of corporation as legal investments.
The bonds of any corporation 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 investment companies of any kind, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever 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 1984, No. 84-314, p. 695, §22.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 97 - Construction and Improvement of Utility Services Facilities. › Section 11-97-23 - Dissolution of Corporation; Vesting of Title to Corporation's Property in Determining Subdivision.

Section 11-97-23
Dissolution of corporation; vesting of title to corporation's property in determining subdivision.
At any time when any corporation has no bonds or other obligations outstanding and when there shall be no other obligations assumed by such corporation that are then outstanding, the board of such corporation may adopt a resolution, which shall be duly entered upon its minutes, declaring that the corporation shall be dissolved. Upon filing for record of a certified copy of the said resolution in the office of the judge of probate with which the corporation's certificate of incorporation was filed, the corporation shall thereupon stand dissolved and, in the event it owned any assets or property at the time of its dissolution, the title to all such assets or property shall thereupon vest in the determining subdivision.
(Acts 1984, No. 84-314, p. 695, §23.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 97 - Construction and Improvement of Utility Services Facilities. › Section 11-97-24 - Incorporation of Another Corporation by Same Determining Subdivision.

Section 11-97-24
Incorporation of another corporation by same determining subdivision.
The formation or dissolution of one or more corporations incorporated under the provisions of this chapter shall not prevent the subsequent incorporation hereunder of other corporations pursuant to authorization by the same determining subdivision.
(Acts 1984, No. 84-314, p. 695, §24.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 97 - Construction and Improvement of Utility Services Facilities. › Section 11-97-25 - Notice of Bond Resolution; Contest to Validity of Bonds, Etc.

Section 11-97-25
Notice of bond resolution; contest to validity of bonds, etc.
(a) Upon the adoption by the board of any corporation of any resolution providing for the issuance of bonds, such corporation may, in the discretion of its board, cause a notice respecting the issuance of such bonds to be published once a week for two consecutive weeks in each county in which shall be located any facility financed or in any way assisted by the issuance of such bonds, such publication in each such county to be in a newspaper having general circulation therein. Such 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 chairman or secretary of such corporation:
"_______, a public corporation and instrumentality of the State of Alabama, on the ______ day of _____, authorized the issuance of $_____ principal amount of bonds (or notes or other obligations, as the case may be) of the said public corporation for purposes authorized in the act of the Legislature of Alabama under which the said public corporation was organized. Any action or proceeding questioning or contesting the validity of the said bonds (or notes or other obligations), or the instruments securing the same, or the proceedings authorizing the same, must be commenced on or before _____ (here insert date determined in accordance with the provisions of subsection (b) of this section)."
(b) The date stated in such notice as the date on or before which any action or proceeding questioning or contesting the validity of the bonds referred to therein must be commenced shall be a date at least 30 days after the date on which occurs the last publication of such 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 such notice or to contest the validity of any such bonds, or the validity of any instruments securing the same, must be commenced on or before the date determined in accordance with the preceding sentence and stated in such notice as the date on or before which any such action or proceeding must be commenced. After such date no right of action or defense shall be asserted questioning or contesting the validity of such bonds, or the instruments securing the same, or the proceedings authorizing the same, nor shall the validity of such bonds or such instruments or proceedings be open to question in any court on any ground whatsoever, except in an action or proceeding commenced on or before such date.
(Acts 1984, No. 84-314, p. 695, §25.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 97 - Construction and Improvement of Utility Services Facilities. › Section 11-97-26 - Provisions Cumulative.

Section 11-97-26
Provisions cumulative.
The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with provisions of this chapter.
(Acts 1984, No. 84-314, p. 695, §26.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 97 - Construction and Improvement of Utility Services Facilities. › Section 11-97-27 - Liberal Construction.

Section 11-97-27
Liberal construction.
This chapter shall be construed liberally to effect its purposes and neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which any corporation might otherwise have under any laws of the state, and the provisions of this chapter are cumulative to any such powers.
This chapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to other laws. However, the issuance of bonds of any corporation under the provisions of this chapter need not comply with the requirements of any other law of the state generally applicable to the issuance of bonds, notes, and other obligations by other public corporations organized under the laws of the state.
(Acts 1984, No. 84-314, p. 695, §27.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-2 - Districts; Creation; Composition; Powers and Duties.

Section 11-98-2
Districts; creation; composition; powers and duties.
The creating authority may by ordinance or resolution, as may be appropriate, create within its respective jurisdiction districts composed of the territory lying wholly within the municipality or of any part or all of the territory lying wholly within the county. The districts shall be political and legal subdivisions of the state, with power to sue and be sued in their corporate names and to incur debt and issue bonds. The bonds shall be negotiable instruments and shall be solely the obligations of the district and not the State of Alabama. The bonds and the income thereof shall be exempt from all taxation in the State of Alabama. The bonds shall be payable out of the income, revenues, and receipts of the district. The bonds shall be authorized and issued by resolution or ordinance of the creating authority of the district and shall be of such series, bear such date or dates, mature at such time or times, not to exceed 30 years from issuance, bear interest at such rate or rates, be in such denominations, be in such form, without coupon or fully registered without coupon, carry such registration and exchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption, and be entitled to the priorities on the income, revenues, and receipts of the district as the resolution or ordinance may provide.
All bonds shall contain a recital that they are issued pursuant to this chapter, which recitals shall be conclusive that they have been duly authorized pursuant to this chapter.
(Acts 1984, No. 84-369, p. 854, §1; Acts 1992, No. 92-562, p. 1165, §1; Act 2000-693, p. 1411, §1; Act 2012-293, p. 592, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-3 - The Digits 911 Established as Primary Emergency Telephone Number.

Section 11-98-3
The digits 911 established as primary emergency telephone number.
It has been shown to be in the public interest to shorten the time required for a citizen to request and receive emergency aid. The provision of a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained will provide a significant contribution to law enforcement and other public service efforts by simplifying the notification of public service personnel. Such a simplified means of procuring emergency services will result in the saving of life, a reduction in the destruction of property, quicker apprehension of criminals, and ultimately the saving of moneys. Establishment of a uniform emergency number is a matter of concern and interest to all citizens. It is the purpose of this chapter to establish the number 911 as the primary emergency telephone number for use in communications districts created in municipalities or counties as herein provided.
(Acts 1984, No. 84-369, p. 854, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-4.2 - Annual Report.

Section 11-98-4.2
Annual report.
The Executive Director of the statewide 911 Board shall prepare an annual report detailing the training provided and administered by the 911 Board for 911 dispatchers. The report shall be submitted to the President Pro Tempore of the Senate and the Speaker of the House of Representatives by February 1, 2020, and by February 1 each year thereafter.
(Act 2019-70, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-5.1 - (Repealed Effective October 1, 2013) Maximum Tariff Rates.

Section 11-98-5.1
(Repealed effective October 1, 2013) Maximum tariff rates.
Repealed by Act 2012-293, §3, effective October 1, 2012.
(Act 2005-111, p. 177, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-6 - Disposition of Funds.

Section 11-98-6
Disposition of funds.
(a) Funds received by a district pursuant to Section 11-98-5.2 shall be used to establish, operate, maintain, and replace an emergency communication system that, without limitation, may consist of the following:
(1) Telephone communications equipment to be used in answering, transferring, and dispatching public emergency telephone calls originated by persons within the service area who dial 911.
(2) Emergency radio communications equipment and facilities necessary to transmit and receive dispatch calls.
(3) The engineering, installation, and recurring costs necessary to implement, operate, and maintain an emergency communication system.
(4) Facilities to house E-911 operators and related services as defined in this chapter, with the approval of the creating authority, and for necessary emergency and uninterruptable power supplies for the systems.
(5) Administrative and other costs related to subdivisions (1) to (4), inclusive.
(b) A district or county or municipal governing body may receive federal, state, county, or municipal real or personal property and funds, as well as real or personal property and funds from private sources, and may expend the funds or use the property for the purposes of this chapter.
(c) Subject to the remaining provisions of this chapter and the approval of the 911 Board and the creating authority, two or more districts, cities, or counties, or a city and a county in another district may agree to cooperate, to the extent practicable, to provide funding and service to their respective areas, and a single board of commissioners of not more than seven members may be appointed to conduct the affairs of the entities involved. In the event that two or more districts are consolidated for purposes of this chapter, the base distribution amount as defined in Section 11-98-5.2 (b)(3) shall include the combined base distribution amounts that would have been calculated for the individual districts.
(d) Subject to rules that may be adopted by the 911 Board, a district may expend available funds to establish a common address and location identification program and to establish the emergency service number data base to facilitate efficient operation of the system. The governing body and the E-911 Board of each county or city affected shall be jointly responsible for purchasing and installing the necessary signs to properly identify all roads and streets in the district.
(e) Beginning with fiscal year 2013, the Department of Examiners of Public Accounts shall audit each district on a biennial basis to ensure compliance with the requirements of this chapter regarding both revenues and expenditures.
(Acts 1984, No. 84-369, p. 854, §5; Acts 1992, No. 92-562, p. 1165, §1; Act 98-338, p. 584, §1; Act 2007-459, p. 950, §1; Act 2012-293, p. 592, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-7 - Reimbursement of Cmrs Providers From 911 Fund.

Section 11-98-7
Reimbursement of CMRS providers from 911 Fund.
(a) CMRS providers are eligible for reimbursement from the 911 Fund as set forth in subsections (b) and (c) of Section 11-98-5.2. To obtain reimbursement, a CMRS provider shall comply with all of the following:
(1) Invoices shall be sworn.
(2) All costs and expenses must be commercially reasonable.
(3) All invoices for reimbursement shall be directly related to compliance with the requirements of enhanced 911 service.
(4) The board shall adopt rules providing for prior approval of any expenditures for which the CMRS provider intends to seek reimbursement in excess of a threshold amount.
(5) All invoices shall be supported by such reasonable supporting documents as required by the board and shall be subject to audit.
(b) If the total amount of invoices submitted to the 911 Board and approved for payment in a month exceeds the amount available from the 911 Fund for reimbursements to CMRS providers, the amount payable to each CMRS provider shall be reduced proportionately so that the amount paid does not exceed the amount available for payment. The balance of the payment is deferred to the following month. A deferred payment accrues interest at a rate equal to the rate earned by the 911 Fund until it is paid.
(Acts 1984, No. 84-369, p. 854, §6; Act 98-338, p. 584, §1; Act 2007-459, p. 950, §1; Act 2008-146, p. 233, §3; Act 2012-293, p. 592, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-7.1 - (Repealed Effective October 1, 2013) Phase Ii Enhanced 911 Implementation Fund; Reimbursement of Costs; Disposition of Funds.

Section 11-98-7.1
(Repealed effective October 1, 2013) Phase II Enhanced 911 Implementation Fund; reimbursement of costs; disposition of funds.
Repealed by Act 2012-293, §3, effective October 1, 2012.
(Act 2007-459, p. 950, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-7.2 - Alabama Emergency Communication District Long-Range Study Commission.

Section 11-98-7.2
Alabama Emergency Communication District Long-Range Study Commission.
Repealed by Act 2007-459, §3(g) effective June 1, 2008.
(Act 2007-459, p. 950, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-8 - (Repealed Effective October 1, 2013) Commercial Mobile Radio Service - Duties of Providers; Service Charges.

Section 11-98-8
(Repealed effective October 1, 2013) Commercial Mobile Radio Service - Duties of providers; service charges.
Repealed by Act 2012-293, §3, effective October 1, 2012.
(Act 98-338, p. 584, §2; Act 2007-459, p. 950, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-9 - Technical Proprietary Information.

Section 11-98-9
Technical proprietary information.
All technical proprietary information submitted to the board or to the independent third-party auditor as provided by Section 11-98-13 shall be retained by the board and the auditor in confidence and shall be subject to review only by the Examiners of Public Accounts. Notwithstanding any other provision of the law, no technical proprietary information submitted shall be subject to subpoena or otherwise released to any person other than to the submitting voice communication provider, the board, and the independent third-party auditor without the express permission of the administrator and the submitting voice communication provider. General information collected by the independent third-party auditor shall only be released or published in aggregate amounts which do not identify or allow identification of numbers of subscribers or revenues attributable to an individual voice communication provider. Notwithstanding any other provision of the law, no district, political subdivision, voice communication provider, or its employees, directors, officers, or agents shall be liable for any damages in a civil action or subject to criminal prosecution resulting from death, injury, or loss to persons or property incurred by any person in connection with establishing, developing, implementing, maintaining, operating, and otherwise providing 911 service in compliance with the requirements established by the FCC or other state or federal requirement, except in the case of willful or wanton misconduct.
(Act 98-338, p. 584, §2; Act 2012-293, p. 592, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-10 - Restrictions on 911 Use; Secondary Backup Emergency Number Authorized; Certain Automatic Alerting Devices Connected to Network Prohibited; Possible Penalties for Misuse.

Section 11-98-10
Restrictions on 911 use; secondary backup emergency number authorized; certain automatic alerting devices connected to network prohibited; possible penalties for misuse.
(a) The telephone number 911 is restricted to emergency calls that may result in dispatch of the appropriate response for: fire suppression and rescue, emergency medical services or ambulances, hazardous material, disaster, or major emergency occurrences, and law enforcement activities.
(b) The digits 911 shall be the primary emergency telephone number, but the involved agencies may maintain a separate secondary backup number and shall maintain a separate number for non-emergency telephone calls.
(c) No person shall connect to a service supplier's network or to a CMRS provider's network any automatic alarm, or other automatic alerting device that automatically dials, without human initiation, and provides a pre-recorded message in order to directly access the services that may be obtained through dialing 911.
(d) The making of a false alarm, complaint, or knowingly reporting false information using the E-911 system, may subject the caller to penalties as provided by law.
(Act 98-338, p. 584, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-11 - Methods of Response to Emergency Calls.

Section 11-98-11
Methods of response to emergency calls.
THIS SECTION WAS AMENDED BY ACT 2022-387 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The enhanced 911 system shall be designed to have the capability of utilizing at least one of the following methods in response to emergency calls:
(1) Direct dispatch method, which is a service to a centralized dispatch center providing for the dispatch of an appropriate emergency service unit upon receipt of a request for services and a decision as to the proper action to be taken.
(2) Relay method, which is a service whereby pertinent information is noted by the recipient of a request for emergency services, and is relayed to the appropriate emergency service providers or other providers of emergency services for dispatch of an emergency service unit.
(3) Transfer method, which is a service that receives requests for emergency services and directly transfers the requests to an appropriate emergency service provider or other provider of emergency services.
(4) Referral method, which is a service that, upon the receipt of a request for emergency services, provides the requesting party with the telephone number or other contact information of the appropriate emergency service provider or other provider of emergency services.
(b)(1) The board of commissioners of each district shall select the method or methods that it determines to be the most feasible for the county or municipality.
(2) In addition to the method selected under subdivision (1), the board of commissioners of each district shall select one or more reasonable alternative methods to respond to emergency calls in the district in the event the primary method under subdivision (1) fails or is otherwise rendered temporarily unavailable. The reasonable alternative method authorized under this subdivision may include a method not specifically enumerated under subsection (a).
(c) Notwithstanding any other law to the contrary, regardless of the method of response selected by the board of commissioners pursuant to subsection (b), a PSAP shall require a 911 operator who answers a 911 call at the PSAP to remain on the call with the individual until the PSAP has connected the individual with the appropriate provider of emergency services.
(d) Nothing in this chapter shall expand the obligations of any CMRS, voice communications, or other originating service provider to transmit, convey, or route a voice call, video call, text call, data-only call, or any other request for assistance to an emergency service provider beyond the requirements set forth under federal law and valid regulations of the Federal Communications Commission.
(Act 98-338, p. 584, §2; Act 2022-387, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-13 - Biennial Audit.

Section 11-98-13
Biennial audit.
On a biennial basis, if not more frequently, the 911 Board shall retain an independent, third-party auditor for the purposes of receiving, maintaining, and verifying the accuracy of any and all information, including all proprietary information, that is required to be collected, or that may have been submitted to the board by voice communication providers and districts, and the accuracy of the collection of the 911 service charge required to be collected.
(Act 2012-293, p. 592, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-14 - Sunset Provision.

Section 11-98-14
Sunset provision.
The 911 Board shall be subject to the Alabama Sunset Law, Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2016, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(Act 2012-293, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-15 - Reimbursement for Unused Funds Retained for 911 Board Administrative Expenses; Annual Costs.

Section 11-98-15
Reimbursement for unused funds retained for 911 Board administrative expenses; annual costs.
The 911 Board shall reimburse the Department of Examiners of Public Accounts to the extent of any unused funds retained for administrative expenses under this section or Section 11-98-5.2(b) for the amount of actual costs incurred in carrying out the requirements placed upon the Department of Examiners of Public Accounts by this chapter, as evidenced by invoice presented to the board. By January 1, 2013, the Department of Examiners of Public Accounts shall provide the 911 Board with a projection of its annual costs in meeting the requirements of this chapter, which shall be treated and retained by the 911 Board as an administrative fee in addition to the administrative allowance specified in Section 11-98-5.2(b). The invoiced amount shall be due and payable within 30 days of presentment.
(Act 2012-293, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99 - Tax Increment Districts. › Section 11-99-3 - Powers of Municipalities and Counties.

Section 11-99-3
Powers of municipalities and counties.
In addition to any other powers conferred by law, each municipality and county in the state shall have and may exercise any powers necessary and convenient to carry out the purposes of this chapter, including the power to:
(1) Create tax increment districts and to define the boundaries thereof;
(2) Cause project plans to be prepared, to approve plans, and to implement the provisions and effectuate the purposes of project plans;
(3) Issue tax increment obligations;
(4) Deposit moneys into the tax increment fund for any tax increment district; and
(5) Enter into any covenants, contracts, or agreements, including conditions, restrictions, or covenants which either run with the land or otherwise regulate the use of the land and any covenants, contracts, and agreements with or for the benefit of holders of tax increment obligations, determined by the local governing body to be necessary or convenient to implement the provisions and effectuate the purposes of project plans.
(Acts 1987, No. 87-824, p. 1660, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99 - Tax Increment Districts. › Section 11-99-7 - Termination of Tax Increment Districts.

Section 11-99-7
Termination of tax increment districts.
The existence of a tax increment district shall terminate when:
(1) Positive tax increments are no longer allocable to a district under Section 11-99-6(a) hereof; or
(2) The local governing body, by resolution, dissolves the district.
(Acts 1987, No. 87-824, p. 1660, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99 - Tax Increment Districts. › Section 11-99-9 - Overlapping Tax Increment Districts.

Section 11-99-9
Overlapping tax increment districts.
(a) Subject to any agreement with security holders, a tax increment district may be created, the boundaries of which overlap one or more existing tax increment districts. Districts created on the same date, however, may not have overlapping boundaries.
(b) If the boundaries of two or more tax increment districts overlap, in determining how positive tax increments generated by that area which is within two or more districts are allocated among the districts, but for no other purpose, the aggregate value of the taxable property in the area as equalized by the Department of Revenue in any year as to each earlier created district is deemed to be that portion of the tax increment base of the district next created which is attributable to such overlapped area.
(Acts 1987, No. 87-824, p. 1660, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99 - Tax Increment Districts. › Section 11-99-10 - Equalized Valuation for Apportionment of Property Taxes.

Section 11-99-10
Equalized valuation for apportionment of property taxes.
(a) With respect to any taxing authority other than the public entity which created the tax increment district, the calculation of the equalized valuation of taxable property in a tax increment district may not exceed the tax increment base of the district until the district is terminated, unless agreement has been made for other arrangements under subsection (b) of this section.
(b) In such cases where it can be shown that losing tax increments would be harmful to any given taxing authority or cause such taxing authority not to honor a prior binding commitment, by contract executed with the public entity prior to the designation of the tax increment district, and if an agreement has been made for such allowances through a process of negotiation at the time of the creation of the tax increment district, a taxing authority may make payments into the tax increment fund, less the sum of:
(1) Any property taxes produced from the tax increments which are required to be paid by the taxing authority to another political subdivision; and
(2) A portion, not to exceed 20 percent or a one-time payment mutually agreed upon at the time of the creation of the tax increment district, of the tax increment produced in the district by the taxes levied on behalf of that taxing authority.
(c) All tax increments which have accrued with respect to school districts under this chapter shall be determined and the amounts shall be paid on February 1 of each year out of the taxes of all school districts which have territory in a tax increment district.
(d) The use of the increased valuations in the tax increment district before the completion of the project in calculating any general state school aid formula is prohibited.
(e) A taxing authority is not required to pay a tax increment into the tax increment fund for a district beyond three years from the date the district was created unless one or more of the following conditions exist or have been met:
(1) Tax increment obligations have been issued for the district;
(2) The public entity has acquired property within the district pursuant to the project plan; or
(3) Construction of improvements pursuant to the project plan has commenced in the district.
(Acts 1987, No. 87-824, p. 1660, §10; Act 2010-184, p. 262, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99 - Tax Increment Districts. › Section 11-99-11 - Construction.

Section 11-99-11
Construction.
Nothing herein shall be construed to authorize any municipality or county to lend its credit or to grant public money or things of value in aid of any individual, association, or corporation in violation of Section 94 of the Constitution of Alabama of 1901, as amended, except to the extent otherwise permitted by other provisions of or amendments to the Constitution.
(Act 2013-51, p. 80, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99A - Alabama Improvement Districts. › Section 11-99A-1 - Name.

Section 11-99A-1
Name.
This chapter shall be known and may be referred to as the "Alabama Improvement District Act."
(Act 99-446, p. 1013, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99A - Alabama Improvement Districts. › Section 11-99A-3 - Conduct of Hearings.

Section 11-99A-3
Conduct of hearings.
A hearing described in this chapter may be held only after giving public notice. However, public notice of regularly scheduled meetings of a council is not required. A hearing may be adjourned from time to time until the board or council makes findings by resolution as to the expedience of the matter being considered. Where this chapter requires written personal notice of a hearing, notice may be given by deposit in the United States mail, first class postage prepaid, no later than the eighth day before the date of the hearing.
(Act 99-446, p. 1013, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99A - Alabama Improvement Districts. › Section 11-99A-5 - Validity of Petition to Form or Amend District.

Section 11-99A-5
Validity of petition to form or amend district.
No petition for the formation of a district with the requisite signatures shall be declared void on account of defects. The council of the appointing government, at any time, may permit the petition to be amended to conform to the facts or this chapter by correcting any errors in the description of the territory or in any other particular.
(Act 99-446, p. 1013, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99A - Alabama Improvement Districts. › Section 11-99A-7 - Immunity.

Section 11-99A-7
Immunity.
Districts, the members of the board, its officers, and agents shall have the same immunity from liability as a municipality and its officers. No civil action shall be brought or maintained against the district or any director thereof for or on account of the negligence of a district or director or its or his or her agents, servants, or employees in or about the construction, acquisition, installation, maintenance, operation, superintendence, or management of any facility or other improvement owned, controlled, maintained, or managed by the district.
No civil action may be maintained against an appointing government, its officers, servants, employees, or agents relating to any facility or other improvement owned, controlled, maintained, or managed by the district.
(Act 99-446, p. 1013, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99A - Alabama Improvement Districts. › Section 11-99A-8 - Internal Operations of a District.

Section 11-99A-8
Internal operations of a district.
(a) Each board shall have a chair, a secretary, and a treasurer or a secretary-treasurer, and may have a vice-chair and other officers as the board may determine from time to time.
(b) All proceedings of a board and of all committees of the board shall be recorded in minutes, which shall be maintained and available for inspection by the appointing government.
(c) All funds of a district shall be deposited or invested as directed by the board. However, funds received by the district from a public person and not from assessments shall be deposited or invested only in a manner as a public person may invest or deposit funds.
(d) Any member of a board and any officer may call a special meeting of the board as may be permitted by the bylaws or resolutions of the board. Personal notice may be waived by any members of the board before, at, or after a meeting by waiver in writing signed by the person giving the waiver. The attendance of any member of the board at any meeting of the board shall constitute a waiver of notice unless attendance is made exclusively for the purpose of protesting the means of calling the meeting, and the person otherwise does not participate in the meeting.
(e) Any meeting that is called at which a quorum is not present may be adjourned by announcement at the meeting of the date to which it is adjourned, and may be reconvened at a time as a quorum shall become available.
(f) A quorum of a board shall consist of a majority of the members of the board. Actions of the board shall be taken by a majority of those present, if a quorum is present, unless a higher percentage is provided for in the articles of incorporation or bylaws.
(Act 99-446, p. 1013, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99A - Alabama Improvement Districts. › Section 11-99A-9 - Appointment of Board Members.

Section 11-99A-9
Appointment of board members.
(a) The district shall have a board of directors in which all powers of the district shall be vested and which shall consist of the number of members specified in the articles of incorporation, but not less than three nor more than 11. Members of the board shall be appointed by the appointing government. The articles of incorporation shall specify that the members of the board serve for staggered terms, with one-third, or as near to one-third as is practical, of the initial members serving for four years, with one-third, or as near to one-third as is practical, of the initial members to serve for five years, and with one-third, or as near to one-third as is practical, of the initial members to serve for six years. Thereafter, the successors to members of the board of directors shall serve for six-year terms. The proceedings of the appointing government by which members of the board are appointed shall specify the term for which the appointment is made. Upon the expiration of the term of office of any member of the board, the person whose term shall have expired shall remain a member of the board until his or her successor shall have been duly appointed by the appointing government. Members of the board need not be owners, residents, electors, or taxpayers of the appointing government or the state.
(b) No vacancy in the membership of the board of directors or the voluntary disqualification or abstention of any member thereof shall impair the right of a quorum to exercise all of the powers and duties of the board.
(Act 99-446, p. 1013, §1; Act 2013-373, p. 1364, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99A - Alabama Improvement Districts. › Section 11-99A-10 - Annexation Incidental to Formation of District.

Section 11-99A-10
Annexation incidental to formation of district.
The petition for the formation of a district by a municipality may include land that is not within the corporate limits of the municipality provided that the land is, taken as a whole, contiguous with land within the corporate limits of the municipality. In such a case, upon the formation of the district, all land within the districts shall become automatically annexed into and a part of the municipality.
(Act 99-446, p. 1013, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99A - Alabama Improvement Districts. › Section 11-99A-12 - Contracting for Improvements.

Section 11-99A-12
Contracting for improvements.
Upon the making of the preliminary assessment, the board shall prepare contracts and bid specifications, and shall bid or otherwise contract for the acquisition, construction, or installation of all the improvements as specified in the petition. In general, all contracts shall be bid in accordance with applicable state law. However, if an improvement or a portion of an improvement is to be paid for exclusively with funds provided through assessments under this chapter or by the owners or on behalf of the owners, and not from any revenues, taxes, or funds of the appointing government, the contracting for the acquisition, construction, or installation of the improvement or portion thereof shall be exempt from all laws relating to the advertising and award of construction contracts and purchase contracts, including, without limitation, Title 39 and Article 3 of Chapter 16 of Title 41, and shall be performed in the sole discretion of the board. All contracts and bids shall be contingent upon the issuance of a final assessment by the appointing government as hereinafter provided.
Notwithstanding the foregoing, the board may contract for and commence the acquisition, construction, or installation of one or more improvements or a portion of one or more improvements in advance of a preliminary or final assessment, provided that the contract for the acquisition, construction, or installation is exempt from laws relating to the advertising and award of construction contracts and purchase contracts under this section.
(Act 99-446, p. 1013, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 99A - Alabama Improvement Districts. › Section 11-99A-13 - Final Assessment.

Section 11-99A-13
Final assessment.
As soon as possible after receipt by the appointing government of the petition and all required approvals, variances, or exceptions, the council shall conduct a hearing with respect to the petition, and, if considered expedient by the council, the council shall confirm and make final the assessment or the methodology by which the assessments shall be made, as provided in the petition, whereupon the assessments and methodology therefor shall stand confirmed and be and remain legal, valid, and binding liens upon the property upon which the assessments are made, as provided in this chapter. The final assessment of each tract in the district shall be based on the estimated increase in value of each tract resulting from the special benefits derived from the improvements, and consistent with Section 223 of the Constitution of Alabama of 1901, but shall not be made against any land owned or used by a utility in connection with the distribution, transmission, or generation of electric power. If the council considers the recommendation inexpedient, the council shall advise the board of the reasons for its determination, and the board may submit a revised recommendation to the appointing government.
(Act 99-446, p. 1013, §1; Act 2013-373, p. 1364, §1.)