reglab/statecodes huggingface dataset:
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-72 - Purchases and Contracts Shall Be Pursuant to Written Requisition; Certification of Balance Sufficient to Pay for Contract or Order.

Section 11-44C-72
Purchases and contracts shall be pursuant to written requisition; certification of balance sufficient to pay for contract or order.
All purchases made and contracts executed by the purchasing agent shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the director of finance certifies that there is a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual service for which the contract or order is to be issued.
(Acts 1985, No. 85-229, p. 96, §72.)
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-73 - Revenue Notes.

Section 11-44C-73
Revenue notes.
In any budget year, in anticipation of the collection of revenues, the council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated "revenue note for the year _____ (stating the budget year)." Such notes may be renewed from time to time, but all such notes, together with the renewals, shall mature and be paid not later than the end of the fiscal year after the budget year in which the original notes have been issued. Such borrowing shall be subject to any limitation provided by law.
(Acts 1985, No. 85-229, p. 96, §73.)
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-74 - Emergency Notes.

Section 11-44C-74
Emergency notes.
In the absence of available revenues to meet emergency appropriations under the provisions of this chapter, the council may by resolution authorize the issuance of notes, each of which shall be designated "emergency note" and may be renewed from time to time, but all such notes and renewals shall be paid not later than the last day of the fiscal year next succeeding the budget year in which the emergency appropriation was made.
(Acts 1985, No. 85-229, p. 96, §74.)
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-75 - Notes Not Payable on Demand; Redemption Prior to Maturity; Private Sale.

Section 11-44C-75
Notes not payable on demand; redemption prior to maturity; private sale.
No notes shall be made payable on demand, but any note may be made subject to redemption prior to maturity upon notice and at such time as may be stated in the note. All notes may be sold at not less than par and accrue interest at private sale without previous advertisement.
(Acts 1985, No. 85-229, p. 96, §75.)
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-76 - Existing Rights and Privileges of Officers and Employees; Existing Laws Not Inconsistent With Personnel, etc., Provisions of Chapter.

Section 11-44C-76
Existing rights and privileges of officers and employees; existing laws not inconsistent with personnel, etc., provisions of chapter.
Nothing contained in the provisions of this chapter shall affect or impair the rights or privileges of officers or employees of the city or of any office, department, or agency existing at the time when this chapter shall take effect or any provision of law in force at the time when the mayor-council form of government shall become applicable and not inconsistent with the provisions of this chapter in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension, and retirement rights, civil rights or any other rights or privileges of officers or employees of the city or any office, department or agency thereof, and as provided by the city's merit system.
(Acts 1985, No. 85-229, p. 96, §76.)
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-77 - Personnel Holding Administrative Office Continued in Office; Transfer of Powers and Duties of Office, etc., Abolished by This Chapter.

Section 11-44C-77
Personnel holding administrative office continued in office; transfer of powers and duties of office, etc., abolished by this chapter.
All personnel, except those specifically designated by the provisions of this chapter as removable at the discretion of the mayor, holding administrative office at the time the mayor-council form of government becomes effective shall continue in office and in the performance of their duties until other provisions have been made by law for the performance of such duties or the discontinuance of such office. If any office, department or agency of the city shall be abolished by this chapter, the powers conferred and the duties imposed upon such units by the laws of the state shall thereafter be exercised and discharged by the office, department or agency designated by the council.
(Acts 1985, No. 85-229, p. 96, §77.)
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-78 - Transfer of Records, Property, and Equipment of Office, etc., Where Powers and Duties Reassigned.

Section 11-44C-78
Transfer of records, property, and equipment of office, etc., where powers and duties reassigned.
All records, property, and equipment of any office, department or agency, whose power and duties are assigned to any other office, department, or agency by the provisions of this chapter, shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, or agency are assigned to another office, department, or agency, all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned.
(Acts 1985, No. 85-229, p. 96, §78.)
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-79 - Office, etc., With Name or Powers and Duties the Same or Substantially Same as Existing Office Deemed a Continuation of Such Office.

Section 11-44C-79
Office, etc., with name or powers and duties the same or substantially same as existing office deemed a continuation of such office.
Any office, department, or agency provided for by this chapter with a name or with powers and duties the same or substantially the same as those of any such office, department or agency heretofore existing, shall be deemed to be a continuation of such office, department, or agency, and shall continue to exercise its powers and duties until otherwise provided, and shall have power to continue any business, proceeding or other matter within the scope of its regular powers and duties. Any provision in any law, rule, regulation, contract, grant, or other document relating to such a formerly existing office, department, or agency shall, so far as not inconsistent with the provisions of this chapter, apply to such office, department, or agency.
(Acts 1985, No. 85-229, p. 96, §79.)
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-80 - Existing Contracts Continued in Force; Public Improvements for Which Legislative Steps Taken.

Section 11-44C-80
Existing contracts continued in force; public improvements for which legislative steps taken.
All contracts entered into by the city, or for its benefit, prior to the application to such city of the mayor-council form of government, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time of the organization under the mayor-council form of government may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws.
(Acts 1985, No. 85-229, p. 96, §80.)
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-81 - Pending Legal Actions and Proceedings.

Section 11-44C-81
Pending legal actions and proceedings.
No action or proceeding, civil or criminal, pending at the time of the organization under the mayor-council form of government, brought by or against the city or any office, department, or agency or officer thereof, shall be affected or abated by the change to the mayor-council form of government or by anything contained in this chapter; but all such actions or proceedings may be continued notwithstanding that functions, powers, and duties of any office, department, or agency or officer party thereto may by or under this chapter be assigned or transferred to another office, department, or agency or officer, but in that event, the same may be prosecuted or defended by the head of the office, department, or agency to which such functions, powers, and duties have been assigned or transferred by or under the provisions of this chapter.
(Acts 1985, No. 85-229, p. 96, §81.)
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-82 - Laws Relating to Pensions or Retirement and Relief Funds Continued in Force.

Section 11-44C-82
Laws relating to pensions or retirement and relief funds continued in force.
All laws and parts of laws relating to pensions or retirement and relief funds for policemen, firemen, and other employees of the city, contained in the general or local laws of the state as the same may apply and be in effect with respect to any such city at the time when such city shall become governed by the provisions of this chapter, shall continue in full force and effect, and without interruption.
(Acts 1985, No. 85-229, p. 96, §82.)
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-83 - Laws Relating to Authority for Fairgrounds, etc., Continued in Force.

Section 11-44C-83
Laws relating to authority for fairgrounds, etc., continued in force.
All laws and parts of laws relating to establishment or financing of an authority for fairgrounds, parks, exhibitions, and other facilities for the amusement, recreation, and cultural development of the citizens of the city, contained in the general or local laws of the state, as the same may apply and be in effect with respect to any such city at the time when such city shall become organized under the provisions of this chapter, shall continue in full force and effect and without interruption or change until otherwise provided by law.
(Acts 1985, No. 85-229, p. 96, §83.)
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-84 - Ordinances and Resolutions Continued in Effect.

Section 11-44C-84
Ordinances and resolutions continued in effect.
All ordinances and resolutions of the city in effect at the time the form of government herein provided for becomes effective shall continue in effect unless and until changed or repealed by the council.
(Acts 1985, No. 85-229, p. 96, §84.)
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-85 - Removal of Merit System Officers and Employees; Appeal of Decision.

Section 11-44C-85
Removal of merit system officers and employees; appeal of decision.
Any merit system officer or employee to whom the mayor, or a head of any office, department, or agency, may appoint a successor, may be removed by the mayor or other appointing officer at any time, and the decision of the mayor, or other appointing officer, shall be subject to appeals provided by law.
(Acts 1985, No. 85-229, p. 96, §85.)
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-86 - Participation in Meetings of Council by Mayor, Department Heads, Etc.

Section 11-44C-86
Participation in meetings of council by mayor, department heads, etc.
The mayor, the heads of all departments, and such other officers of the city as may be designated by the council, shall be entitled to attend meetings of the council, but shall have no vote therein. The mayor shall have the right to take part in the discussion of all matters coming before the council, and the directors and other officers shall be entitled to take part in all discussions of the council relating to their respective offices, departments, or agencies.
(Acts 1985, No. 85-229, p. 96, §86.)
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-87 - Inquiry Into Conduct of Office, Department, Agency, or Officer; Investigations as to Municipal Affairs; Subpoena Power.

Section 11-44C-87
Inquiry into conduct of office, department, agency, or officer; investigations as to municipal affairs; subpoena power.
The council, or the mayor, shall have power to inquire into the conduct of any office, department, agency, or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by a fine not to exceed $200.00 or by imprisonment not to exceed 30 days, or both.
(Acts 1985, No. 85-229, p. 96, §87.)
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-88 - Interest of Official or Employee in Contracts With City or Public Utility Prohibited; Acceptance of Gifts, etc.; Free Transportation of Officials, Policemen, and Firemen in Discharge of Duties.

Section 11-44C-88
Interest of official or employee in contracts with city or public utility prohibited; acceptance of gifts, etc.; free transportation of officials, policemen, and firemen in discharge of duties.
No elected official or city employee shall be interested, directly or indirectly, in any contract for work or material, or the profits thereof, or services to be furnished or performed for the city, nor shall he be interested, directly or indirectly, in any contract for work or material, or the profits thereof, or services to be furnished or performed for any person, firm, or corporation operating interurban railway, street railway, water works, gas works, electric light or power plant, heating plant, telegraph line or telephone exchange within the territorial limits of said city, nor shall he accept any free pass, free ticket, or free service from said corporations or utilities or accept any gift or other thing of value, or any service upon terms more favorable than are granted to the public generally. Any violation of the provisions of this section shall be a misdemeanor and, upon conviction thereof, the guilty person shall be punished by a fine of not less than $100.00 nor more than $300.00, be imprisoned in the county jail for not more than 90 days, and every such contract or agreement shall be void. Such prohibition of free transportation shall not apply to policemen or firemen in uniform nor to policemen in the discharge of their duty nor shall service to city officials in their official capacity heretofore provided by any franchise or ordinance be affected by this section.
(Acts 1985, No. 85-229, p. 96, §88.)
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-89 - Oath Taken by City Officers.

Section 11-44C-89
Oath taken by city officers.
Every officer of the city shall, before entering upon the duties of his office, take and subscribe to an oath or affirmation as provided by law, to be filed and kept in the office of the city clerk.
(Acts 1985, No. 85-229, p. 96, §89.)
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-90 - Reapportionment of Council Districts Because of Population Change.

Section 11-44C-90
Reapportionment of council districts because of population change.
Whenever there shall be a change in the population in any of the seven districts heretofore established following a decennial federal census beginning in 1990, there shall be a reapportionment of the council districts in the following manner:
(1) The mayor shall within six months after the publication of the 1990 federal census, and each decennial federal census thereafter, file with the council a report containing a recommended plan for the reapportionment of the council district boundaries to comply with the following specifications:
a. Each district shall be formed of contiguous, and to the extent reasonably possible, compact territory, and its boundary lines shall be the centerlines of streets or other well-defined boundaries.
b. Each district shall contain as nearly as is reasonable the same population.
The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance and considered by the council as other ordinances are considered. Once filed with the clerk, the report shall be treated as an ordinance introduced by a council member.
(2) The council shall enact a redistricting ordinance within six months after receiving such report. If the council fails to enact the redistricting ordinance within the said six months, the redistricting plan submitted by the mayor shall become effective without enactment by the council, as if it were a duly enacted ordinance.
(3) Such redistricting ordinance shall apply to the first regular election held more than six months after its becoming effective and to all municipal elections, regular or special, held after the first regular election. No incumbent council member shall be deprived of his or her unexpired term of office because of such redistricting.
(Acts 1985, No. 85-229, p. 96, §90.)
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-91 - Procedure for Changing Form of Government; Change From Mayor-Council Form Prohibited for Two Years.

Section 11-44C-91
Procedure for changing form of government; change from mayor-council form prohibited for two years.
The city is prohibited from changing from the mayor-council form of government within two years after the adoption thereof. At the end of such period, or at any time thereafter, the city's form of government may be amended or changed when:
(1) A written petition executed by 10 percent of the number of those who voted in the last city election is submitted to the council with the proposed changes or amendments incorporated in the petition; after presentation of the petition, the council shall call for a referendum vote on the proposed changes and amendments, and
(2) A majority of the votes cast in the referendum is in favor of the proposed changes or amendments. After the council receives the proposed changes and petition, it shall call a special election for the purpose of determining whether the city shall adopt the changes or amendments. Notice shall be given of the time and purpose of such election by publication once each week for four consecutive weeks in a newspaper published in said city prior to the referendum vote. All qualified electors of such city may participate in the election and such questions shall be plainly printed upon the ballot. The referendum shall be conducted, the expenses paid, the votes canvassed and the results declared in the same manner as is provided by law in other city elections.
(Acts 1985, No. 85-229, p. 96, §91.)
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-93 - Provisions Applicable Regardless of Form of Government Chosen.

Section 11-44C-93
Provisions applicable regardless of form of government chosen.
It is the legislative intent of this bill that the following provisions shall apply regardless of which form of government the majority of the qualified electors voting in the election provided herein choose:
(1) Within 30 days of taking office, the officials of the form of government chosen shall adopt an ordinance to provide that all appointments made by the mayor, council or city commission to positions in city government, boards, commissions, agencies, authorities, or any other organization or entity of the city or to any positions to which said officials make appointments, shall fairly and equitably reflect the makeup of the total community with due consideration given to all demographic characteristics of the population.
(2) Within 30 days of taking office, the officials of the form of government chosen shall adopt an ordinance to provide that all contracts or agreements entered into by the city or any entity thereof for any service of any kind, whether by bid or otherwise, including but not limited to, professional services and bond issues, shall make every reasonable effort to require that the contractor, firm, or company to which any contract is awarded, must have at least 15 percent participation by socially and economically disadvantaged individuals or the city shall make every reasonable effort to insure that at least 15 percent of the total value of all such contracts and agreements described above shall be awarded to qualified contractors or professionals who are socially and economically disadvantaged.
(3) Within 30 days of taking office, the officials of the form of government chosen shall adopt an ordinance to require that all capital improvements and repairs made in the city shall be made on the basis of need and shall, as nearly as practicable, be fairly and equitably made in all districts of the city whether they be council or commission districts.
(4) The officials of the form of government chosen shall demonstrate their commitment to the poor and needy in this city by annually allocating in the city budget an amount of funds to be approved by the council or commission, to agencies, organizations, and programs serving the poor and needy in a manner and amount to be determined by the council or commission.
(Acts 1985, No. 85-229, p. 96, §93.)
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-94 - Materials or Supplies Becoming Component Parts in Repair, etc., of Certain Aircraft.

Section 11-44C-94
Materials or supplies becoming component parts in repair, etc., of certain aircraft.
(a) In Class 2 municipalities, the gross proceeds from the sale or sales of materials or supplies to any person for the use in fulfilling a contract for the painting, repair, conversion, modification, or reconditioning of aircraft of 30,000 pounds gross weight or greater shall be exempt from municipal sales and use tax. Notwithstanding the foregoing, the exemption provided in this section shall only apply to those materials and supplies which enter into and become a component part of those aircraft.
(b) The exemption provided in this section shall be applicable to all sales occurring on and after October 1, 2003.
(Act 2004-112, p. 180, §§1, 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-94.1 - Exemption Reiterated for Materials or Supplies Becoming Component Parts in Repair, etc., of Certain Aircraft.

Section 11-44C-94.1
Exemption reiterated for materials or supplies becoming component parts in repair, etc., of certain aircraft.
In Class 2 municipalities, the gross proceeds of the sale or sales of materials or supplies to any person for the use in fulfilling a contract for the painting, repair, conversion, modification, or reconditioning of aircraft of 30,000 pounds gross weight or greater shall be exempt from county sales and use tax; provided, however, that the exemption herein shall only apply to those materials and supplies which enter into and become a component part of such aircraft.
(Act 2005-74, §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-95 - Tax Exemption for the Centre for the Living Arts, Inc.

Section 11-44C-95
Tax exemption for the Centre for the Living Arts, Inc.
In Class 2 municipalities, The Centre for the Living Arts, Inc., shall be exempt from all municipal ad valorem and sales and use tax.
(Act 2004-507, p. 984, §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-96 - Tax Exemption for Bayfest, Inc.

Section 11-44C-96
Tax exemption for BayFest, Inc.
In Class 2 municipalities, BayFest, Incorporated, is exempt from the payment of all municipal sales and use taxes and gross receipts taxes. This exemption from all municipal sales and use taxes and gross receipts taxes shall be retroactive to October 1, 1999.
(Act 2006-389, p. 990, §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-97 - Water and Sewer System Boards - Composition.

Section 11-44C-97
Water and sewer system boards - Composition.
In any Class 2 municipality, any law to the contrary notwithstanding, the number of members on a water and sewer system board organized under state law whose members are appointed by the governing body of the Class 2 municipality shall be the same as the number of members on the governing body of the Class 2 municipality.
(Act 2008-85, p. 111, §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-98 - Board of Adjustment.

Section 11-44C-98
Board of adjustment.
(a) In any Class 2 municipality, any law to the contrary notwithstanding, the number of members on a board of adjustment provided for in Section 11-52-80, whose members are appointed by the governing body of the Class 2 municipality shall be the same as the number of members of the governing body of the Class 2 municipality.
(b) In exercising the powers in subsection (d) of Section 11-52-80, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from and may enter the appropriate order, requirement, decision, or determination and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of five members of the board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official or to decide in favor of the applicant on a matter upon which the board is required to pass under any ordinance or to effect any variation in the ordinance.
(Act 2013-253, p. 660, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-1 - Ordinance Abandoning Commission Form of Government and Referendum Adopting Mayor-Council or Manager-Council Form.

Section 11-44D-1
Ordinance abandoning commission form of government and referendum adopting mayor-council or manager-council form.
Within three months of the adoption and approval of this chapter, the governing body of any Class 6 municipality with a commission form of government may by a majority vote of the members of that governing body adopt an ordinance abandoning the commission form of government and calling for a referendum to be held at public expense within 60 days after such call for the purpose of determining whether such city shall adopt the mayor-council form of government, authorized by this chapter, or in the alternative the manager-council form of government authorized by this chapter. The mayor or chief executive officer shall give notice of the time and purpose of such referendum election by publication once a week for two consecutive weeks in a newspaper of general circulation in the municipality, or, if there is no such newspaper of general circulation in the municipality, by posting notice thereof in three public places within the municipality. All qualified electors of the city may participate in said election, as provided by this chapter, and the questions shall be plainly printed upon the ballot as provided in Section 11-44D-2. The proposal for which the majority of 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 1986, No. 86-195, p. 240, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-2 - Form of Referendum Ballot; Use of Voting Machines.

Section 11-44D-2
Form of referendum 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 only one of the following:
(1) Shall the mayor-council form of government, as provided by Act _____, be adopted for the City of _____?
YES _____; or
(2) Shall the council-manager form of government, as provided by Act _____, 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 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 1986, No. 86-195, p. 240, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-3 - Conduct of Referendum; Election Results Determine Which Provisions of Chapter Applicable; Election Expenses.

Section 11-44D-3
Conduct of referendum; election results determine which provisions of chapter applicable; election expenses.
The referendum shall be held and conducted in accordance with the provisions of this title, except as herein otherwise specifically provided. If the majority of 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; if the majority of the votes shall be in favor of the council-manager 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 1986, No. 86-195, p. 240, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-6 - Provisions Applicable to Both Mayor-Council and Manager-Council Forms of Government.

Section 11-44D-6
Provisions applicable to both mayor-council and manager-council forms of government.
The following provisions shall apply regardless of which form of government the majority of the qualified electors voting in the referendum provided herein choose:
(1) Within 30 days after the referendum, the governing body of such municipality shall adopt an ordinance,
a. Establishing the boundaries of the five-council districts herein provided for, and
b. Establishing the salaries to be paid the mayor and council members to be elected at the first election to be held hereunder.
(2) The governing body shall take such steps as are necessary to comply with the Federal Voting Rights Act of 1965, as amended.
(3) Within 10 days after the receipt of notification of compliance with the Federal Voting Rights Act of 1965, as amended, the mayor or other chief executive officer shall give notice of an election for the members of the city council, and for mayor if the mayor-council form of government was adopted, to be held not more than 90 days after the publication of said notice.
(4) On noon of the seventh day following the canvass of the election results, including the results of any runoff election, if needed, the newly elected officers shall assume office and the terms, powers, duties, responsibilities, and emoluments of office of the commissioners shall end.
(5) The officers elected hereunder shall serve until the first Monday in October, 1988. Officers elected thereafter shall hold office for four years, but shall serve until their successors shall have been elected and qualified. An election shall be held in 1988 on the month and day established by the general laws of the state pertaining to municipal elections. Regular municipal elections shall be held quadrennially thereafter under the same rules and regulations and in the same mode and manner as provided by the general laws of the state pertaining to municipal elections, except as otherwise provided by this chapter.
(6) The municipality shall, after said election and the qualification and assumption of office of the council and mayor if the mayor-council form of government was adopted, be deemed to have adopted the form of government as herein provided and thereafter be governed pursuant to the provisions of this chapter.
(Acts 1986, No. 86-195, p. 240, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-7 - Conduct of Election and Referendum.

Section 11-44D-7
Conduct of election and referendum.
The election and referendum provided for herein shall be conducted, the vote canvassed, and the results declared in the same manner as provided by Chapter 46, Title 11, in respect to other municipal elections conducted in any such municipality.
(Acts 1986, No. 86-195, p. 240, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-8 - Reapportionment of Council Districts.

Section 11-44D-8
Reapportionment of council districts.
Whenever there shall be a change in population in any of the districts heretofore established, evidenced by a federal census of population, or by virtue of a substantial change in the corporate limits, there shall be a reapportionment of the council districts in the manner hereinafter provided:
(1) The mayor shall within six months after the publication of each federal census of population for the municipality or within six months after there shall have been any substantial change in the corporate limits of the municipality, file with the council a report containing a recommended plan for reapportionment of the council district boundaries to comply with the following specifications:
a. Each district shall be formed of contiguous and to the extent reasonably possible, compact territory, and its boundary lines shall be the center lines of streets or other well defined boundaries;
b. Each district shall contain as nearly as is possible the same population, but not more than five per centum more or less than the average of the five districts.
(2) The council shall enact a redistricting ordinance within six months after receiving such report. If the council fails to enact the redistricting ordinance within the said six months, the redistricting plan submitted by the mayor shall become effective without enactment by the council, as if it were a duly enacted ordinance.
(3) Such redistricting ordinance shall not apply to any primary or regular or special election held within six months after its becoming effective. No incumbent member of the council shall be deprived of his unexpired term of office because of such redistricting.
(Acts 1986, No. 86-195, p. 240, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-9 - Powers of City Generally.

Section 11-44D-9
Powers of city generally.
The city shall have all powers granted to municipal corporations and to cities by the Constitution and laws of the 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 chapter, the city shall and may exercise all municipal powers, functions, privileges, and immunities of every kind and nature whatsoever. The enumeration of particular powers by this chapter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, 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 chapter to specifically enumerate.
(Acts 1986, No. 86-195, p. 240, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-10 - Existing Rights, Powers, and Properties Continued.

Section 11-44D-10
Existing rights, powers, and properties continued.
All rights, powers, and properties of every description which were vested in any city which adopts a form of government as provided by this chapter, shall vest in such city under the new form of government as herein provided for, unless in conflict with the provisions of this chapter.
(Acts 1986, No. 86-195, p. 240, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-11 - Initial Territorial Limits.

Section 11-44D-11
Initial territorial limits.
The initial territorial limits of any municipality which adopts a form of government as provided by this chapter shall be the same as under its former organization.
(Acts 1986, No. 86-195, p. 240, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-12 - Effect of Chapter on Preexisting Rights and Privileges of Municipal Employees, Etc.

Section 11-44D-12
Effect of chapter on preexisting rights and privileges of municipal employees, etc.
Nothing contained in this chapter, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality or of any office, department, board, or agency existing at the time when this chapter shall take effect, or any provision of law in force at the time when the new form of government shall be adopted and not inconsistent with the provisions of this chapter, in relation to the personnel, appointment, ranks, grades, tenure of office, promotions, removal, pension and retirement rights, civil rights, of any or other rights or privileges of officers or employees of the municipality or any office, department, board, or agency thereof.
(Acts 1986, No. 86-195, p. 240, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-13 - Administrative Officers Continued; Reassignment of Powers and Duties Formerly Exercised by Abolished Agency.

Section 11-44D-13
Administrative officers continued; reassignment of powers and duties formerly exercised by abolished agency.
All persons holding administrative office at the time the new form of government is adopted shall continue in office and in the performance of their duties until provision shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any office, department, board, or agency of the municipality by the laws of the state shall, if such office, department, board, or agency of the municipality by the laws of the state shall, if such office, department, board, or agency be abolished by this chapter, or under its authority, be thereafter exercised and discharged by the office, department, board, or agency designated by the council unless otherwise provided herein.
(Acts 1986, No. 86-195, p. 240, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-14 - Civil Service Officers Continued.

Section 11-44D-14
Civil service officers continued.
Any person holding an office or position in the civil service of such municipality when the new form of government shall be adopted shall continue to hold such office in the civil service under the new form of government and with the same status, rights, and privileges and subject to the same conditions under such applicable civil service system.
(Acts 1986, No. 86-195, p. 240, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-15 - Interagency Transfer of Records, Equipment, Etc.

Section 11-44D-15
Interagency transfer of records, equipment, etc.
All records, property, and equipment whatsoever of any office, department, or agency or part thereof, all the powers and duties of which are assigned to any other office, department, or agency by this chapter, shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, or agency, or part thereof, are by this chapter assigned to another office, department, or agency, all records, property, and equipment relating exclusively thereto shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned.
(Acts 1986, No. 86-195, p. 240, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-16 - Contracts Continued; Completion of Public Improvements.

Section 11-44D-16
Contracts continued; completion of public improvements.
All contracts entered into by the municipality or for its benefit, prior to the adoption by such municipality of the new form of government, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time of the adoption of the new form of government shall be carried to completion in accordance with the provisions of such existing laws.
(Acts 1986, No. 86-195, p. 240, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-17 - Pending Actions and Proceedings.

Section 11-44D-17
Pending actions and proceedings.
No action or proceeding, civil or criminal, pending at the time of the adoption of the new form of government, brought by or against the municipality or any office, department, board, agency, or officer or employee thereof, shall be affected or abated by the adoption of the new form of government or by anything contained in this chapter.
(Acts 1986, No. 86-195, p. 240, §17.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44D - Abandonment of Commission Form of Government in Class 6 Municipalities. › Section 11-44D-18 - Pension and Retirement Plans, etc., Continued.

Section 11-44D-18
Pension and retirement plans, etc., continued.
All laws and parts of the laws relating to pension, retirement, and relief funds for any employees of the municipality, as the same may apply and be in effect with respect to the municipality at the time when it shall elect to be governed by the provisions of this chapter, shall continue in full force and effect, and without interruption or change as to any rights which have been acquired thereunder.
(Acts 1986, No. 86-195, p. 240, §18.)