Alabama Codes

Title 11 - Counties And Municipal Corporations

Title 1 - Provisions Applicable To Municipal Corporations Only

Chapter 40 GENERAL PROVISIONS.

Article 1 In General.

Section 11-40-1 Municipalities declared bodies politic and corporate; seal generally; name; powers, duties and authority generally
All municipal organizations now existing in the state of Alabama, whether incorporated under the general laws of the state or by special act of ...
Section 11-40-2 Seal
All cities and towns shall have a seal, in the center of which shall be the words, "city seal" or "town seal," as the ...
Section 11-40-3 Acquisition of rights, power and authority granted
Affirmative action shall not be necessary for cities and towns to acquire the rights, power and authority granted in this title. Municipalities shall, however, ...
Section 11-40-4 Property rights, rights of action, etc., preserved and enforced notwithstanding change of name or organization
Rights of action and rights of property arising before or existing at the time of a change of corporate organization, as directed in this ...
Section 11-40-5 Corporate limits not altered or affected by adoption of Code
The corporate limits of any city or town shall not be altered or affected by the adoption of this Code. ...
Section 11-40-6 Municipal corporations classified as cities or towns; holding of election after change in government of municipality
Municipal corporations now existing or hereafter organized under this title containing 2,000 or more inhabitants shall be called cities. All incorporated municipalities containing less ...
Section 11-40-7 Change of name
Any city or town may change its corporate name by passing an ordinance stating the new name proposed and submitting the question of change ...
Section 11-40-8 Division of municipalities into wards
The several councils of cities or towns shall divide such cities or towns into wards having as nearly as may be the same number ...
Section 11-40-9 Continuation of present organization
The organization of cities and towns existing at the adoption of this Code shall continue until changed in accordance with the provisions of this ...
Section 11-40-10 Police jurisdiction; operation of ordinances enforcing police or sanitary regulations; jurisdiction on islands and offshore water adjacent to Florida
(a) The police jurisdiction in cities having 6,000 or more inhabitants shall cover all adjoining territory within three miles of the corporate limits, and ...
Section 11-40-10.1 Contracts for certain law enforcement services of Class 6 municiplaity
(a) The governing body of a Class 6 municipality may enter into contracts which provide for the police department of the municipality to provide ...
Section 11-40-11 When change in form of government takes effect
No change from the mayor-council form of municipal government to the commission form of municipal government hereafter directed by vote of the electors of ...
Section 11-40-12 Classification of municipalities
(a) There are hereby established eight classes of municipalities based on the population as certified by the 1970 federal decennial census, as authorized by ...
Section 11-40-13 Notice required for enactment of general law applying to single municipality
No general law which at the time of its enactment applies to only one municipality of the state shall be enacted unless notice of ...
Section 11-40-14 Expense allowances for members of governing body of Class 1 municipalities; reimbursement for expenses incurred beyond corporate limits
(a) The council or other governing body of Class 1 municipalities in Alabama and all municipalities in Alabama having a population of 250,000 or ...
Section 11-40-15 Exemption of incorporated municipalities and municipal boards from Uniform Disposition of Unclaimed Property Act
The incorporated municipalities and incorporated municipal boards of this state shall be exempt from the Uniform Disposition of Unclaimed Property Act, which is codified ...
Section 11-40-16 Creation of enterprise zones within Class 1 cities; purpose
(a) The legislature of Alabama hereby finds and declares that the health, safety and welfare of the people of Class 1 cities are enhanced ...
Section 11-40-17 Minimum monthly retirement and survivor's benefits in Class 1 municipalities
In all Class 1 municipalities, notwithstanding any provision to the contrary in any section of Article VI of Act No. 929, S. 676, regular ...
Section 11-40-17.1 Class 1 municipalities authorized to grant pension benefit increases to participants in former municipal pension plans
The city council of any Class 1 municipality may grant pension plan benefit increases to retired employee participants, and their beneficiaries, in terminated or ...
Section 11-40-17.2 Inclusion of longevity component in monthly salary used to calculate extraordinary disability benefits in Class 1 municipalities
(a) The Legislature finds that in all Class 1 municipalities some recipients of extraordinary disability benefits awarded prior to May 23, 1977, did not ...
Section 11-40-17.3 Retroactive Deferred Retirement Option Plan
(a) This section shall apply to Class 1 municipalities only. (b) There is established a Retroactive Deferred Retirement Option ("Back Drop") Plan for any ...
Section 11-40-18 Minimum benefits under certain policemen's and firemen's pension and relief plans
In all Class 1 municipalities, notwithstanding any provision of law to the contrary, any benefit payable on a monthly basis to a participant or ...
Section 11-40-18.1 Minimum benefits under certain policemen's and firemen's pension and relief plans
Notwithstanding any other laws, in Class 1 municipalities, any benefit payable on a monthly basis to a participant or retiree under the Policemen's Pension ...
Section 11-40-18.2 Liability and indemnification under firemen's and policemen's supplemental pension system
In the absence of wantonness or willful misconduct, in any Class 1 municipality, the board of firemen and policemen for the Class 1 municipality, ...
Section 11-40-19 Operation of hotel and related facilities by Class 1 municipalities and certain public corporations - Requirements
In addition to all other powers heretofore granted by law, any Class 1 municipality that owns a civic center, or any public corporation that ...
Section 11-40-20 Operation of hotel and related facilities by Class 1 municipalities and certain public corporations - Hotel management contracts
Any municipality or separate public corporation authorized to own and operate a hotel pursuant to the provisions of section 11-40-19 and this section may ...
Section 11-40-21 Number of members on municipal boards, committees, etc., in Class 3 municipalities
In any Class 3 municipality, any law to the contrary notwithstanding, the number of members who shall serve on any existing or future municipal ...
Section 11-40-22 Mayor authorized to award municipal employees for exemplary performance, etc
(a) Notwithstanding any limitations of law pertaining to the municipality, the mayor of any municipality in Alabama is hereby authorized, subject to budget restraints ...
Section 11-40-23 License tax for collecting, etc., waste grease and animal by-products
Each person engaged in the business of purchasing and receiving or collecting waste grease and animal by-products for rendering or recycling, from businesses, schools, ...
Section 11-40-24 Employees of separately incorporated public corporation not deemed employees of municipality
Notwithstanding any other provision of law, employees of any separately incorporated public corporation authorized to be created by a municipality pursuant to state law ...

Article 2 Demolition of Buildings and Structures.

Section 11-40-30 Demolition of unsafe structures
Any incorporated municipality of the state may, after notice as provided herein, move or demolish buildings and structures, or parts of buildings and structures, ...
Section 11-40-31 Notice from appropriate municipal officer of unsafe condition
The term "appropriate municipal official" as used in this article shall mean any municipal building official or deputy and any other municipal official or ...
Section 11-40-32 Hearing; appeal
(a) Within the time specified in the notice, but not more than 30 days from the date the notice is given, any person, firm, ...
Section 11-40-33 Costs of demolition
Upon demolition of the building or structure, the appropriate municipal official shall make a report to the governing body of the cost thereof, and ...
Section 11-40-34 Assessment of costs
The municipality may assess the costs authorized herein against any lot or lots, parcel or parcels of land purchased by the State of Alabama ...
Section 11-40-35 Payment of assessments
Payment of the assessment shall be made in the manner and as provided for the payment of municipal improvement assessments in Section 11-48-48, as ...
Section 11-40-36 Article cumulative
This article is cumulative in nature and is in addition to any power and authority which any municipality may have under any other law. ...

Article 3 Continued Use and Occupancy of Buildings in Class 2 Municipalities.

Section 11-40-50 Meaning of "appropriate city official."
The provisions of this article shall apply in any Class 2 municipality. The term "appropriate city official" as used in this article shall mean ...
Section 11-40-51 Authority of city to prescribe standards for continued use and occupancy of buildings
(a) In addition to any other authority granted to the city, any Class 2 municipality shall have authority to enact and may, by ordinance, ...
Section 11-40-52 Administrative review; petition; hearing
(a) Any owner aggrieved by an action of the appropriate city official may, within 15 days of receipt of a notice of non-conformity, a ...
Section 11-40-53 Appeal from order of administrative review body to circuit court
(a) The reviewing body's administrative orders or decisions may be appealed to the circuit court on the record established within 30 days of the ...
Section 11-40-54 Failure of owner to comply with notice of non-conformity, certificate of modified approval, etc.; civil penalties; collection and enforcement of penalties
(a) If the owner of any property cited under the provisions of the ordinance fails to comply with any notice of non-conformity, fails to ...

Article 4 Convenient Right-of-Way Acquisition within Planning Jurisidiction of a Class 2 Municipality.

Section 11-40-70 Right-of-way acquisition
The owner of any tract or body of land, located within the planning jurisdiction of any Class 2 municipality, no part of which tract ...

Chapter 41 INCORPORATION AND DISSOLUTION.

Article 1 Incorporation.

Section 11-41-1 Authority; petition to probate judge for order of incorporation
When the inhabitants of an unincorporated community, which has a population of not less than 300, constituting a body of citizens whose residences are ...
Section 11-41-2 Notice of filing; determination of statutory compliance; objections; ordering and notice of election; contest of election
(a) Upon the filing of the verified application with the judge of probate, the judge of probate shall give notice of the filing of ...
Section 11-41-3 Conduct of election generally; provision and form of ballots; qualifications for voting
The judge of probate shall appoint three qualified electors within the limits of the proposed city or town as inspectors to manage the election, ...
Section 11-41-4 Certification of election result to probate judge; census enumeration of inhabitants; issuance, recordation and filing of order of incorporation; filing fee
Within five days after the election, the inspectors must certify the result to the judge of probate, who must, if a majority of the ...
Section 11-41-5 Ordering and notice of election of mayor and councilmen for incorporated municipalities; conduct of election generally; qualifications for voting
Upon making such order of incorporation, the judge of probate shall order an election to be held by the same inspectors or others appointed ...
Section 11-41-6 Report of election result to probate judge; issuance and recordation of order approving report and election result; vacancies; setting aside, etc., of elections; record and costs of incorporation proceedings and elections
Within five days after such election, inspectors shall report the result of the election to the judge of probate, who may enter an order ...
Section 11-41-7 Reinstatement of corporate organization of dormant municipalities; appointment of mayor and councilmen for same
Towns or cities that have permitted their organization to become dormant and inefficient may, by a petition of a majority of the taxpayers of ...
Section 11-41-8 Validation of prior attempted incorporations invalidated by procedural irregularities
In all cases prior to June 13, 2007, where there has been an attempt to organize the inhabitants of any territory as a municipal ...

Article 2 Dissolution.

Section 11-41-20 Authority
Except as otherwise provided by local law, municipal corporations now existing or hereafter incorporated having a population of 1,100 inhabitants or less may be ...
Section 11-41-21 Petition to probate judge for dissolution
Three-fourths of the qualified voters residing within the corporate limits of any municipal corporation having a population of 1,100 inhabitants or less may, in ...
Section 11-41-22 Notice and hearing upon petition
Upon the filing of such petition, such probate judge shall set the same down for hearing and give 30 days' notice of such hearing ...
Section 11-41-23 Issuance of decree of dissolution
If, upon such hearing, it appears to such probate judge that three fourths of the qualified voters of such municipal corporation are in favor ...
Section 11-41-24 Grounds for forfeiture of charter
If any municipal corporation having a population of 1,100 inhabitants or less shall fail to elect a mayor or other chief executive officer for ...
Section 11-41-25 Petition to probate judge for decree of forfeiture; notice and hearing upon petition
The county commission or any five qualified voters of the county in which any such corporation is situated may file with the probate judge ...
Section 11-41-26 Rendition of decree of forfeiture and dissolution; appeal from same
If, upon such hearing, it shall appear that one of the grounds of forfeiture enumerated in section 11-41-24 exists, the probate judge shall render ...
Section 11-41-27 Disposition of property after dissolution
If any municipal corporation dissolved under the provisions of this article shall own any property, the title thereto shall vest in the county in ...
Section 11-41-28 Fee of probate judge
The probate judge shall be entitled to $5.00 for services rendered under this article, to be paid by the person or persons filing the ...

Chapter 42 ALTERATION OF CORPORATE LIMITS.

Article 1 Annexation of Territory by Municipalities Generally.

Section 11-42-1 Applicability of provisions of article; provisions of article not exclusive
Any town or city may from time to time extend its corporate limits in the manner set forth in this article, but the provisions ...
Section 11-42-2 Annexation election and proceedings generally; proceedings where parties consent to annexation
Whenever the council shall pass a resolution to the effect that the public health or public good requires that certain territory (described in the ...
Section 11-42-3 Subsequent extensions of corporate limits; requirement as to resolutions, orders or notices under article
(a) Any city or town having extended its corporate limits under the provisions of this article or other law may again extend its corporate ...
Section 11-42-4 Subsequent elections not to be held within 12 months of preceding election
After an election has been held in any territory under the provisions of this article or any other law, no other or subsequent election ...
Section 11-42-5 Validation of certain prior annexations
Every annexation undertaken prior to May 1, 1998, under any statutory procedure for annexation by any municipality and which the annexation procedure has been ...
Section 11-42-6 Bill to contain accurate description of territory and plat or map; copies of map to be furnished to judge of probate; notice of intention to apply for local law annexing territory
(a) Any bill introduced in the legislature which attempts to annex territory to any municipality or to otherwise change the boundary lines of any ...
Section 11-42-7 Legislative Reapportionment Office to be notified of annexation or deannexation
Any municipality which annexes property into the municipality or deannexes property from the municipality shall notify the Legislative Reapportionment Office of such action within ...

Article 2 Annexation of Territory by Municipalities of 2,000 Inhabitants or More.

Section 11-42-20 "Owners" defined
The term "owners," as used in this article, shall mean the person in whose name the property is assessed for ad valorem tax purposes ...
Section 11-42-21 Annexation proceedings
Whenever all of the owners of property located and contained within an area contiguous to the corporate limits of any incorporated municipality located in ...
Section 11-42-22 Subsequent extensions of corporate limits
Any incorporated municipality having extended its corporate limits under the provisions of this article or any other law may again extend its corporate limits ...
Section 11-42-23 Provisions of article not exclusive
The provisions of this article shall in no wise preclude any municipality from extending its corporate limits by annexation in any other way or ...
Section 11-42-24 Construction of article
This act [amended sections 11-42-21, 11-42-22] shall not be construed to affect any proposed annexation, done under the provisions of this article, in progress ...

Article 2A Annexation of Territory by Class 6 Municipality of Land Contiguous to Public University.

Section 11-42-30 Annexation of territory contiguous to public university
Notwithstanding any other provision of law, any Class 6 municipality may annex land or territory pursuant to the provisions of this chapter, provided the ...

Article 3 Annexation of Territory by Cities of 25,000 Inhabitants or More.

Section 11-42-40 Applicability of provisions of article; provisions of article not exclusive
Any city having 25,000 inhabitants or more, as shown by the last federal census, from time to time, may extend its corporate limits in ...
Section 11-42-41 Passage of resolution to annex territory
The council or governing body of the city may pass a resolution to the effect that the public health or public good requires that ...
Section 11-42-42 Certification and filing of resolution and map or plat of territory to be annexed with probate judge
(a) The mayor or other executive head of the city shall certify a copy of such resolution to the judge of probate of the ...
Section 11-42-43 Ordering of election
Within 10 days of the date of the filing of such certified copy of resolution with plat or map attached, the judge of probate ...
Section 11-42-44 Notice of election
The said judge of probate shall give notice of the holding of such election by publication in at least one newspaper and, at the ...
Section 11-42-45 Designation of voting places and boundaries for voting
The judge of probate may designate as many voting places within the territory proposed to be annexed as he may deem necessary for the ...
Section 11-42-46 Appointment of inspectors and returning officers; duty of inspectors generally
The probate judge shall appoint three inspectors of election and one returning officer for each voting place. The inspectors shall manage the election at ...
Section 11-42-47 Qualifications for voting; electors to vote at designated voting places
Each qualified voter who has resided within the boundaries of the territory proposed to be brought into the city for three months next preceding ...
Section 11-42-48 Applicability of general election laws
The election to determine whether or not the proposed territory shall be brought within the corporate limits of the city must be conducted in ...
Section 11-42-49 Ballots
Each voter may furnish his own ballot with the following words written or printed thereon: "For annexation," if he desires to vote in favor ...
Section 11-42-50 Ascertainment, certification and delivery of election results
The inspectors at the respective voting places must, as soon as the polls are closed, ascertain and certify the results of the election at ...
Section 11-42-51 Canvassing of returns; entry, recordation, etc., of orders, maps, etc., as to annexation of territory
The judge of probate must canvass the returns as made by the inspectors and if it appears that a majority of the votes cast ...
Section 11-42-52 Contests of election
The result of such election may be contested by any qualified elector voting at the election in the manner provided for control of general ...
Section 11-42-53 Costs of election
The city at whose instance the election is held shall pay all cost and expense incident to the election. ...
Section 11-42-54 Subsequent extensions of corporate limits
Any city having extended its corporate limits under the provisions of this article or any other act or law may again extend its corporate ...
Section 11-42-55 Requirement as to resolutions, orders or notices under article
In every proceeding to extend the corporate limits of any city under the provisions of this article the council of such city shall declare ...
Section 11-42-56 Subsequent elections not to be held within 12 months of preceding election
After an election has been held in any territory under the provisions of this or any other similar law, no other or subsequent election ...
Section 11-42-57 Exemption from taxation of territory annexed and property therein
All territory brought within the corporate limits of a city under the provisions of this article and all property having a situs within such ...
Section 11-42-58 Certain annexed territory and property therein subject to taxation after five years
From time to time after the lapse of five years from the time when such territory is brought within the corporate limits of the ...
Section 11-42-59 Exemption from taxation of mining, manufacturing or industrial plants, etc., in annexed territory
All portions of such territory which is at the time it is brought within the corporate limits of the city used or occupied as ...
Section 11-42-60 Passage, certification, filing with probate judge, etc., of resolution declaring annexed territory subject to taxation and map of same
Whenever and as often as the facts exist which authorize a city to collect taxes from and on any portion of the territory brought ...
Section 11-42-61 Notice of passage of resolution and hearing for property owners to show cause why property should not be subject to taxation
The mayor or other governing head of the city, within five days of the time he files the certified copy of such resolution with ...
Section 11-42-62 Separately owned lands may be embraced in single resolution or notice
Land owned by any number of separate and distinct owners may be embraced in the same resolution passed by the board or governing body ...
Section 11-42-63 Filing of contest as to right of city to tax lands or property; city to file separate causes against contesting property owners
(a) On the day fixed in the notice or any day to which said cause may be continued, any owner of any of the ...
Section 11-42-64 Rendition of decree adjudging property subject to taxation, etc., as to noncontesting property owners
On the day fixed in the citation published by the mayor for the hearing before the judge of probate or the day to which ...
Section 11-42-65 Hearings on contests as to right to tax; rendition of decree as to taxation of property
(a) As to each cause against a property owner who filed a contest, the judge of probate may set the same for hearing at ...
Section 11-42-66 Appeals from judgment of probate judge - Filing; security for costs; right to jury trial
The property holders of the city shall have the right to appeal from the judgment of the judge of probate to the circuit court ...
Section 11-42-67 Appeals from judgment of probate judge - Issuance and service of notice of appeal
The judge of probate, within 10 days after an appeal is taken, shall issue notice to the opposite party of the appeal, and place ...
Section 11-42-68 Appeals from judgment of probate judge - Transmittal of papers to clerk of circuit court; withdrawal of map and certified resolution from files of probate judge for use in circuit court
If an appeal is taken, the judge of probate shall transmit all papers in the action, except the map and certified resolution, to the ...
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit court; endorsement on map by probate judge where no appeal from judgment of probate court
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist subjecting the land and property having ...
Section 11-42-70 Certification to probate judge of judgment of circuit court; endorsement on map by probate judge
If there is an appeal from the judgment rendered by the probate judge and, on the termination of such appealed action, it is adjudged ...
Section 11-42-71 When property adjudged subject to taxation becomes liable for payment of taxes; recordation of resolution, map, orders, etc., of probate judge, etc
(a) All property adjudged to be subject to city taxation under the provisions of this article shall be liable for the payment of taxes ...
Section 11-42-72 Annexed territory subject to laws and ordinances of city; jurisdiction of city governing body over annexed territory
All territory brought within the corporate limits of a city under the provisions of this article shall be subject to the laws and ordinances ...
Section 11-42-73 Creation, etc., of wards; election of aldermen or representatives
(a) The council or governing body of the city shall create new wards (as many as may be deemed to be necessary) regardless of ...
Section 11-42-74 Division of wards into voting precincts; electors to vote in precincts of residence; rearrangement, etc., of boundaries of voting precincts
The council or governing body of the city shall by resolution or ordinance divide the respective wards in the city into voting precincts, as ...
Section 11-42-75 Rearrangement, etc., of boundaries of wards
The council or governing body of the city shall have the power to change or rearrange the boundary lines of wards in said city ...
Section 11-42-76 Entitlement of persons in territory exempt from taxation to benefits derived from city taxes
No person residing in territory exempt from taxation in the city shall be entitled to receive any of the benefits derived from taxes paid ...
Section 11-42-77 Construction of improvements or betterments in territory exempt from taxation generally
The council or governing body of the city shall have no authority or power to construct or cause to be constructed any improvements or ...
Section 11-42-78 Construction of sanitary sewers, enforcement of sanitary connections and assessment of costs thereof in territory exempt from taxation
The council or governing body of the city shall have the right to construct or cause to be constructed sanitary sewers and enforce sanitary ...
Section 11-42-79 Construction of sidewalks and curbing and assessment of costs thereof in territory exempt from taxation; landowners in exempt territory to file petition requesting betterments
The council or governing body of the city shall have the right to construct or cause to be constructed sidewalks and curbing in the ...
Section 11-42-80 Assessment, collection and disposition of street tax in territory exempt from taxation
The council or governing body of the city shall have the same rights and powers by and under an ordinance enacted to assess and ...
Section 11-42-81 Licensing of dance halls, poolrooms, etc., in territory exempt from taxation
The council or governing body of the city shall have no authority or power to license or permit any dance halls or billiard or ...
Section 11-42-82 Levy and collection of privilege or license tax from persons, firms, etc., carrying on business, etc., in territory exempt from taxation generally
The council or governing body of the city shall have no authority or power to levy and collect a privilege or license tax on ...
Section 11-42-83 Assessment and collection of privilege or license tax from persons, firms, etc., carrying on business, etc., in territory exempt from taxation
(a) The council or governing body of the city may annually assess and collect a privilege or license tax from each and every person, ...
Section 11-42-84 Assessment and collection of privilege or license tax from operators of common carriers, street railroads, etc., in territory exempt from taxation
(a) The council or governing body of the city may annually assess and collect for and in behalf of the city a privilege or ...
Section 11-42-85 Right of children residing in territory exempt from taxation to attend public schools of city
The public schools of the city, to the extent that the same are supported and maintained by revenue derived from all sources, except appropriations ...
Section 11-42-86 Acquisition of rights and privileges of resident citizens by persons residing in territory exempt from taxation
When and as often as the owner or owners of any land situated in territory exempt from taxation under the provisions of this article ...
Section 11-42-87 Fees and compensation of probate judge and other officers for services rendered
The probate judge shall be entitled to the same fees for services performed under the provisions of this article as he is authorized by ...
Section 11-42-88 Provisions of article deemed contract between city and persons, etc., in territory exempt from taxation; conferral of other rights and powers as to exempt territory upon city; right of persons residing in exempt territory to enforce article against city
(a) The provisions of this article shall be held to be a contract by and between the city and persons or corporations owning property ...

Article 4 Consolidation of Contiguous Municipalities.

Division 1 General Provisions.

Section 11-42-100.1 Mode of consolidation - When municipality to annex city or town
(a) When two or more municipalities lying contiguous to each other desire to consolidate and operate as one municipality, they may do so by ...
Section 11-42-101 Mode of consolidation - When municipalities to form new corporate organization
If municipalities desiring to consolidate wish to form a new and distinct corporate organization to be operated under the name of either one of ...
Section 11-42-102 Exemption from taxation of industrial or manufacturing plants
The council of any city or town that alters and rearranges its boundary lines so as to absorb two or more cities or towns ...
Section 11-42-103 Division of consolidated municipality into wards by commission; election of mayor and other officers
(a) The mayor and one councilman from each municipality to be selected by the council shall be constituted a commission to divide such consolidated ...
Section 11-42-104 Oath and compensation of commissioners; expenses of election; failure of commissioner to act
Before entering upon the discharge of their duties, the commissioners shall take an oath before some officer authorized by law to administer oaths to ...
Section 11-42-105 Continuation of officers and corporate organization of municipalities; qualification and assumption of duties of officers elected for consolidated municipalities
The officers of the several municipalities shall continue in office, and the corporate organization of the several municipalities shall continue unaffected until the officers ...
Section 11-42-106 Powers, duties, rights, etc., of consolidated municipalities; continuation of civil actions as to consolidated municipalities
(a) The consolidated city or town shall succeed to all the powers, obligations, duties, rights of action, property and rights of property that belonged ...

Division 2 Alternate Mode.

Section 11-42-120 Mode of consolidation generally
Any city or town may be annexed to and merged into a contiguous city or town in the following manner: The mayor of each ...
Section 11-42-121 Appointment of commissioners
The mayor or other head of the governing body of any city or town shall appoint the commissioners provided for in section 11-42-120 upon ...
Section 11-42-122 Execution, approval and confirmation of agreement as to terms of annexation and merger
If the commission agrees upon terms of annexation and merger, such agreement shall be reduced to writing and signed in triplicate by the commissioners ...
Section 11-42-123 Ordering of election by proclamation
If the council or governing body of each city or town confirms the agreement, then the mayor of the city or town proposed to ...
Section 11-42-124 Inspectors
Inspectors of election in the city or town proposed to be annexed shall be appointed and the election in all particulars held in the ...
Section 11-42-125 Form and marking of ballots; ascertainment of election results; contests of election
(a) The mayor of the city or town shall cause the ballots to be used in such election to be printed with the following ...
Section 11-42-126 Declaration of election result; declaration of annexation of municipality
If a majority of the votes cast in such city or town is in favor of ratifying the agreement of annexation and merger, the ...
Section 11-42-127 Filing and recordation of copy of agreement and merger
The mayor of the city or town to which another city or town is annexed under the provisions of this division shall, within 10 ...
Section 11-42-128 When annexation deemed perfected
From the time the said triplicate of the agreement is filed in the office of the judge of probate, as required in section 11-42-127, ...
Section 11-42-129 Costs and expenses of annexation
The costs and expenses incurred by each city or town previous to holding the election by the city or town proposed to be annexed ...
Section 11-42-130 Ownership of property of municipality annexed
All property and rights of property and assets and interests of every kind and character owned by the city or town annexed to the ...
Section 11-42-131 Continuation of civil actions against municipality annexed
All civil actions pending against the city or town annexed shall, on notice, be made a civil action against the city or town annexing ...
Section 11-42-132 Provisions in annexation agreement as to taxation in municipality annexed
The agreement of annexation may provide for specific property having a situs thereon embraced in the annexed city or town to be exempt from ...
Section 11-42-133 Creation, etc., of wards; election of aldermen; division of wards into voting precincts; rearrangement, etc., of boundaries of wards or voting precincts
(a) The council or governing body of the annexing city or town shall create new wards (as many as may be deemed to be ...
Section 11-42-134 Provisions of division not exclusive
The provisions of this division shall in no wise preclude any city or town from being annexed and merged into another city or town ...

Article 5 Consolidation of Noncontiguous Municipalities.

Section 11-42-150 Applicability of provisions of article
Two cities or towns whose boundaries touch may consolidate and merge themselves with a third city or town not contiguous to either, but whose ...
Section 11-42-151 Councils to define boundaries of territory to be incorporated in consolidated municipality upon receipt of petition requesting election as to consolidation
When 10 percent in numbers of the qualified voters according to the last municipal election of each of the municipalities to be consolidated shall ...
Section 11-42-152 Calling of election; conduct of election generally; notice of election
(a) The governing bodies shall within 10 days thereafter call an election at which the qualified electors residing in the municipalities may vote at ...
Section 11-42-153 Form and marking of ballots
(a) At the election provided for in this article the municipal authorities shall furnish ballots on which shall be printed: "Election to provide for ...
Section 11-42-154 Forwarding of statement of vote to probate judge and canvassing of returns; ascertainment and publication of election results
Within five days after such election the mayor or other chief executive officer shall forward to the probate judge of the county in which ...
Section 11-42-155 Rights, powers, duties and name of consolidated municipality; disposition of property, obligations and contracts of consolidating municipalities
(a) If the majority of the votes cast in each municipality separately are in favor of consolidation, the three municipalities and other territory included ...
Section 11-42-156 Continuation in office and powers and duties of mayors and aldermen of consolidating municipalities
The aldermen in office in each of the consolidating municipalities shall constitute the board of aldermen of the consolidated municipality until the next general ...
Section 11-42-157 Division of consolidated municipality into wards; election of officers of consolidated municipality
The council of the consolidated municipality shall before the next general municipal election divide the consolidated municipality into a suitable and convenient number of ...
Section 11-42-158 Collection and disbursement of taxes
The consolidated municipality shall collect all taxes or other obligations due the consolidating municipalities and disburse the same. ...
Section 11-42-159 Continuation in office of boards of education of consolidating municipalities; election of board of education for consolidated municipality
The boards of education in the consolidating municipalities shall continue in office and in charge of their respective schools until the next general election ...
Section 11-42-160 Continuation of rights of action against municipality annexed
All rights of action existing against the city or town annexed shall be a right of action against the city or town annexing the ...
Section 11-42-161 Continuation of civil actions brought by municipality annexed
All civil actions pending brought by the city or town annexed, shall, on motion, be made a civil action by the city or town ...
Section 11-42-162 Continuation of rights of action of municipality annexed
All rights of action existing in favor of the city or town annexed shall be a right of action existing in favor of the ...
Section 11-42-163 Payment or assumption of indebtedness and liabilities of municipality annexed
All indebtedness and liabilities of every kind and character of the city or town annexed shall be paid or payment thereof assumed by the ...
Section 11-42-164 Annexation agreement deemed contract between municipalities; right of persons residing in annexed municipality to enforce agreement against annexing municipality
The agreement of annexation shall be and shall be held to be a contract by and between the city or town annexed and the ...
Section 11-42-165 Enactment and passage of ordinances and resolutions to carry out annexation agreement
The council or governing body of the annexing city or town shall enact such ordinances and pass such resolutions as may be necessary or ...
Section 11-42-166 Dissolution of annexed municipality; ordinances, resolutions and bylaws of annexing municipality applicable to and enforceable in municipality annexed
The annexed city or town from and after the time of annexation, under the terms of this article, shall be and shall be held ...
Section 11-42-167 Rights, powers, duties, etc., of annexing municipality as to municipality annexed attach upon dissolution of same
The rights, powers, duties, liabilities and jurisdiction of the annexing city or town over the territory embraced in the corporate limits of the city ...

Article 6 Duties of Expanded Municipalities as to Property and Obligations of Absorbed Municipalities.

Section 11-42-180 Payment, execution, etc., of debts, bonds, contracts for local improvements, etc., of absorbed municipalities
When any municipal corporation has been absorbed or its government extinguished by the alteration or rearrangement of the boundary lines of another city or ...
Section 11-42-181 Disposition of property of absorbed municipalities
The city or town so altering or rearranging its boundary lines shall become vested with the title and ownership of all property, both real ...
Section 11-42-182 Collection and disposition of taxes, special assessments, etc., of absorbed municipalities
The city or town so altering or rearranging its boundary lines, shall not stay, arrest or interfere with any proceedings for the collection or ...
Section 11-42-183 Prosecution and defense of pending actions of absorbed municipalities; collection and enforcement of fines, recoveries, judgments, etc
All civil actions pending in any court on behalf of any city or town so absorbed or whose government is extinguished may be prosecuted ...
Section 11-42-184 Disposition of public books, papers and documents of absorbed municipalities
All the public books, papers and documents of said city or town so absorbed on file in any office or with any public officer ...
Section 11-42-185 Operation, etc., of waterworks, gas or electric light systems of absorbed municipalities
Should the city or town so absorbed or whose government is extinguished own any waterworks, gas or electric light systems, the city or town ...
Section 11-42-186 Partial annexation - Payment of proportionate share of bonded indebtedness for municipal improvements by expanded municipality
Should the city or town so altering or rearranging its boundary lines absorb or annex any part of another city or town, the city ...
Section 11-42-187 Partial annexation - Payment of value of school property, etc., by expanded municipality
Said city or town shall also pay to the city or town from which territory is taken the value of any school property or ...

Article 7 Reduction of Corporate Limits.

Section 11-42-200 Passage of resolution defining proposed reduced corporate limits
Whenever in the opinion of the council or governing body of any city or town the public health or public good requires that the ...
Section 11-42-201 Certification and filing with probate judge of resolution, plat or map and list of qualified electors
Upon the passage of such resolution the mayor or person holding the chief office of such city or town shall certify a copy of ...
Section 11-42-202 Filing of resolution and map or plat; notice to residents of territory to be excluded of hearing to show cause why proposed boundary should not be established and map or plat recorded
Upon the presentation of such certified copy of such resolution, accompanied by the map or plat, the judge of probate shall file the same ...
Section 11-42-203 Order to be entered establishing corporate limits as defined in resolution and map or plat when no protest filed; recordation of map or plat
On the day so fixed by the judge of probate if no one appears and makes protest against such change, the judge of probate ...
Section 11-42-204 Order to be entered directing election as to establishment of proposed corporate limits
If any protest against such change is made by any person within the territory to be excluded and reasonable cause is shown which, in ...
Section 11-42-205 Notice of election
The judge of probate shall give notice of the holding of such election by publication in newspaper published within the city or town, one ...
Section 11-42-206 Places of voting; persons entitled to vote
Such election shall be held at the regular voting places in said city or town and all qualified electors residing in said city or ...
Section 11-42-207 Question submitted; conduct of election generally; form, marking, etc., of ballots; appointment, etc., of clerks, inspectors and returning officer; ascertainment, etc., of election results; entry of order as to adoption of proposed corporate limits, etc
(a) The election shall be to determine whether or not the proposed corporate limits shall be established, and such election must be conducted in ...
Section 11-42-208 Entry of order dismissing proposal for adoption of proposed corporate limits
If it appears that the majority of votes cast in such election are against the adoption of the proposed corporate limits, an order shall ...
Section 11-42-209 Contests of election
The result of such election may be contested by any qualified elector voting at the election in the manner provided for contest of general ...
Section 11-42-210 Costs and expenses of proceedings
The city or town at whose instance the proceedings are instituted shall pay all costs and expenses incident thereto, including the cost of such ...
Section 11-42-211 Map or plat, etc., evidence of municipal boundaries
Said map or plat, the record thereof or a certified copy therefrom, whether the same is adopted without objection or adopted after election as ...
Section 11-42-212 Laws governing territory within corporate limits established pursuant to article; jurisdiction as to same
The territory included within the corporate limits established under the provisions of this article shall be subject to all the laws and ordinances of ...
Section 11-42-213 Fees and compensation of probate judge and other officers for services rendered
The judge of probate for services rendered under the provisions of this article shall be entitled to charge a fee of $10.00. All other ...

Chapter 43 MAYOR AND COUNCIL, OTHER OFFICERS, EMPLOYEES, DEPARTMENTS, ETC.

Article 1 General Provisions.

Section 11-43-1 Qualifications and residence of mayors, councilmen and officers
Every mayor, councilman and officer elected by the whole electorate of the city or town shall be a resident and qualified elector of the ...
Section 11-43-2 Election of mayors and aldermen; exercise of legislative functions; salary of aldermen
In all cities and towns at the general election to be held on the fourth Tuesday in August, 1984, and quadrennially thereafter, there shall ...
Section 11-43-3 Election, etc., of treasurer, clerk, etc., in cities having more than 6,000 inhabitants
In cities having a population of more than 6,000, there shall be elected by the council, at its first regular meeting or as soon ...
Section 11-43-4 Election of clerk, etc., in towns and in cities having less than 6,000 inhabitants; filling of vacancies in council generally
In cities having a population of less than 6,000 and in towns, the council shall elect a clerk and fix the salary and term ...
Section 11-43-5 Provision for tax assessor, tax collector, chief of police, etc.; designation of persons to administer oaths, issue warrants and approve appearance bonds
The council may provide for a tax assessor, tax collector, chief of police and chief of the fire department and shall specifically prescribe their ...
Section 11-43-5.1 Abolition or creation of civil service system, etc., in municipality having less than 5,000 inhabitants; section in pari materia with section 36-27-6
(a) Any law to the contrary notwithstanding, the governing body of any municipality, with a population of less than 5,000 persons, by resolution duly ...
Section 11-43-6 Provision for compensation of and disposition of fees collected by municipal officers generally
It may be provided by ordinance that any city or town officer, elected or appointed, shall receive a salary in lieu of all other ...
Section 11-43-7 Establishment of salaries and fees of municipal employees; disposition of fees of clerk
All employees of any city or town whose compensation is not fixed by law shall receive such salary or fees for their services as ...
Section 11-43-7.1 Expense allowances of members of council or other governing body of Class 1 municipalities and municipalities having population of 250,000 or more
(a) The council or other governing body of Class 1 municipalities in Alabama and all municipalities in Alabama having a population of 250,000 or ...
Section 11-43-7.2 Additional expense allowances for members of council or governing body of Class 1 municipalities
(a) In addition to the authority granted by Section 11-43-7.1, the council or other governing body of any Class 1 municipality may grant to ...
Section 11-43-8 Establishment of salaries of municipal officers
The salaries of all officers of cities or towns except aldermen and councilmen shall be fixed by the municipal council or other governing body, ...
Section 11-43-9 Fees, salary, compensation, etc., of officers not to be increased or diminished during term of office
The fees, salary, compensation or emoluments of any officer whose election or appointment is required or authorized by the applicable provisions of this title ...
Section 11-43-10 Municipal officers to pay over public moneys received; daily balances required
Officers of any municipality collecting or receiving moneys of the municipality shall pay such moneys over to the city or town treasurer instanter, daily ...
Section 11-43-11 Employment of municipal officers by corporations holding franchises as to use of streets
No officer of any municipality shall, during his term of office, be an officer nor be employed in a managerial capacity, professionally or otherwise, ...
Section 11-43-12 Aldermen, employees, etc., not to be interested, etc., in municipal contracts, etc.; penalty
(a) No alderman or officer or employee of the municipality shall be directly or indirectly interested in any work, business or contract, the expense, ...
Section 11-43-12.1 Purchase of services or personal property by Class 7 or 8 municipalities from elected officials, employees, or members of municipal boards
(a) Notwithstanding any statute or law to the contrary, any municipality, in Class 7 or 8, may legally purchase from any of the elected ...
Section 11-43-13 Bonds of certain municipal officers or employees
All officers or employees handling money or exercising authority over property of municipalities shall, before entering upon the discharge of their duties, give bond, ...
Section 11-43-14 Dealing, etc., in warrants, claims, etc., of municipality by officers or employees
It shall be unlawful for any officer or employee of a town or city, himself or through any person, to deal or traffic in ...
Section 11-43-15 False enumeration of municipal census
Any enumerator of census for a municipality who willfully causes a false enumeration to be made, knowing the same to be false, shall be ...
Section 11-43-16 Employment of county deputy sheriffs as policemen
Incorporated municipalities are authorized and permitted to employ as policemen, on a part-time basis, deputy sheriffs of a county in which the municipality is ...
Section 11-43-17 Ratification of certain salaries of mayors and councilmen
The salary of any mayor or councilman prescribed prior to February 12, 1980 by the council of the municipality in which they serve is ...
Section 11-43-18 Vacancies of over 60 days in governing bodies of Class 5 municipalities
(a) Unless otherwise provided by local law, vacancies in the governing bodies of all Class 5 municipalities which have existed for more than 60 ...
Section 11-43-19 Retirement pensions for certain elected public officials of Class 2 municipalities
In any Class 2 municipality in this state, any elected public official of such municipality, or any former elected public official of such municipality, ...

Article 2 Manager.

Section 11-43-20 Authority and procedure for employment
All municipalities in the state of Alabama, whether now or hereafter operating under a municipal government consisting of a mayor and aldermen or of ...
Section 11-43-21 Qualifications; compensation; powers and duties; bond; term of office and removal
(a) A city manager employed under the provisions of this article shall have the authority and be charged with the duties, liabilities and penalties ...
Section 11-43-22 Provisions of article cumulative; affirmative action necessary to exercise powers, etc., conferred by article
This article shall be supplementary to other statutes relating to municipal government in Alabama and shall be cumulative, and the provisions of this article ...

Article 3 Council.

Section 11-43-40 Composition of city councils; voting by president
(a) In cities having a population of 12,000 or more, the following officers shall be elected at each general municipal election, who shall compose ...
Section 11-43-41 Filling of vacancies in office of aldermen
Vacancies in the office of the aldermen in any city or town shall be filled by the council at the next regular meeting or ...
Section 11-43-42 Exercise of functions of mayor during absence or disability of mayor; filling of vacancies in offices of mayor, president and president pro tempore of council
(a) In case of the absence of the mayor from a city of 12,000 or more inhabitants or his inability to serve on account ...
Section 11-43-43 Powers and duties generally
All legislative powers and other powers granted to cities and towns shall be exercised by the council, except those powers conferred on some officers ...
Section 11-43-44 Organizational meeting
The members of such council shall, on the first Monday in November after their election, assemble and organize the council. ...
Section 11-43-45 Officers - Election or appointment
All elections of officers shall be made viva voce, and a concurrence of a majority of the members to the council shall be required, ...
Section 11-43-46 Officers - Terms of service
The council shall fix by ordinance the terms of service, not to exceed the term of the mayor, of all the officers appointed or ...
Section 11-43-47 Officers - Powers and duties
The council shall prescribe by an ordinance the powers to be exercised and the duties to be performed by the officers appointed or elected ...
Section 11-43-48 Proceedings - Quorum
In all towns or cities, a majority of the whole number of members to which such corporation is entitled, including the mayor in towns ...
Section 11-43-49 Proceedings - Time and place of meetings generally; appointment of temporary chairman or election of president pro tempore
The council shall determine the time and place of holding its meetings, which at all times shall be open to the public, and, in ...
Section 11-43-50 Proceedings - Holding of regular meetings; calling of special meetings
There shall be at least two regular meetings of the council in each month, except that in towns, as defined in section 11-40-6, there ...
Section 11-43-51 Proceedings - Compulsion of attendance of members
The council may compel the attendance of absent members in such manner and under such penalties as it may prescribe. ...
Section 11-43-52 Proceedings - Rules of procedure; journal
The council shall determine the rules of its own proceedings and keep a journal thereof, which shall be open to the inspection and examination ...
Section 11-43-53 Aldermen not to hold other municipal offices or have interest, etc., in municipal contracts, etc.; penalty
(a) No member of any city or town council shall, during the time for which he has been elected, be appointed to any municipal ...
Section 11-43-54 Aldermen not to vote on certain matters; removal
No councilman shall be entitled to vote on any question in which he, his employer or employee has a special financial interest at the ...
Section 11-43-55 Establishment, organization, etc., of police force
Except as otherwise provided in this title, the council shall have power to establish a police force and to organize the same under the ...
Section 11-43-56 Management and control of finances and property of municipality
Except as otherwise provided in this title, the council shall have the management and control of the finances and all of the property, real ...
Section 11-43-57 Annual appropriation of funds for expenditures of departments and interest on indebtedness
In all cities, the council shall appropriate the sums necessary for the expenditures of the several city departments and for the interest on its ...
Section 11-43-58 Judging of qualifications and election of mayor, president of council, etc
The council shall judge of the qualifications and election of the mayor, the president of the council and of each alderman and such other ...
Section 11-43-59 Adoption of fire limits, building laws and ordinances, etc.; condemnation of buildings, etc.; charges for inspections
The council may prescribe fire limits in any city or town, and buildings of wood or other inflammable material shall not be erected therein. ...
Section 11-43-60 Regulation of storage, use, etc., of explosives; compulsion of efficient service by public utility corporations
(a) The council may regulate and control or prohibit the erection of powder magazines within the police jurisdiction of the city or town, and ...
Section 11-43-61 Regulation of running, switching, etc., of cars, trains and locomotives on streets, crossings, highways, etc
The council may prescribe reasonable regulations for the running of cars, trains and locomotives on, over, upon or across the streets, avenues, alleys or ...
Section 11-43-62 Regulation of use of streets for telephone, telegraph, etc., lines; sale or lease of franchises and disposition of moneys therefrom
The council shall regulate the use of the streets for the erection of telegraph, telephone, electric and all other systems of wires and conduits ...
Section 11-43-63 Division of municipality into single-member districts
Any city or town council of this state not currently electing its members from single-member districts pursuant to state law may, not less than ...
Section 11-43-64 Procedural requirements for increasing number of single-member districts in Class 3 municipalities
Notwithstanding other provision of law, including but not limited to Section 11-43-63, a Class 3 municipality may, by ordinance adopted by a majority of ...
Section 11-43-65 Filling vacancies on city council in Class 6 municipalities
Notwithstanding any other provision of law, a vacancy on the city council of a Class 6 city may be filled by either of the ...

Article 4 Mayor.

Section 11-43-80 Powers and duties generally; office; salary; employment, salary, etc., as superintendent of municipal light, water, sewage, etc., systems
(a) The mayor shall have the powers and perform the duties provided by this title and by other applicable provisions of law and shall ...
Section 11-43-81 Designated chief executive officer; powers of appointment and removal
The mayor shall be the chief executive officer, and shall have general supervision and control of all other officers and the affairs of the ...
Section 11-43-81.1 Authority of mayors of Class 1 municipalities to appoint chief administrative assistants
The mayor of any Class 1 municipality or of any municipality having a population of 250,000 or more according to the last or any ...
Section 11-43-82 Issuance of proclamation closing shops and forbidding sale of arms, ammunition, etc., during riots, etc
Whenever any mob, riot or tumult has occurred or there is reasonable cause to apprehend an occurrence thereof in any city, town or village ...
Section 11-43-83 Execution, etc., of deeds, contracts, bonds, etc
The mayor shall see that all contracts with the town or city are faithfully kept or performed. He shall execute all deeds and contracts ...
Section 11-43-84 Requiring of reports by municipal officers; statement to council of financial condition of municipality
The mayor shall require reports to be made to him by any officer of the city or town at such times as he may ...
Section 11-43-85 Appointment, etc., of accountant, etc., to conduct examination and prepare report as to municipal books and accounts
In cities and towns, the mayor, at least once a year, shall appoint an independent public accountant or the department of examiners of public ...
Section 11-43-86 Compensation of mayor, etc., of Class 1 municipality; mayor authorized to attend certain meetings, etc.; applicability of section
(a) The mayor or other chief executive officer of any Class 1 city shall be paid, in addition to the compensation provided by law ...
Section 11-43-87 Filling of vacancies for mayor, president of council, etc., in Class 3 municipalities
(a) Unless otherwise provided by local law, in the event of the absence or disability of the mayor of all Class 3 municipalities the ...

Article 5 Clerk.

Section 11-43-100 Attendance at and preparation of record of council meetings; custody of seal and rules, ordinances, etc., of council
The clerk of all cities and towns shall attend the meetings of the council and keep a record of its proceedings. He shall have ...
Section 11-43-101 Auditing, recordation, etc., of claims, etc., against municipality and issuance of warrants therefor
The clerk shall submit all claims, requisitions and demands against the city or town to the council at its next regular meeting for its ...
Section 11-43-102 Maintenance, etc., of municipal books and accounts
The clerk shall keep a convenient set of books in which there shall be kept a separate account with each collecting officer of the ...
Section 11-43-103 Issuance of licenses; devolution of duties upon auditor
The clerk shall issue all licenses unless otherwise provided by ordinance, receiving the money therefor, and pay the same over instanter to the city ...
Section 11-43-104 Additional duties; bond
The clerk, in addition to these enumerated duties, shall perform any and all duties that may be required of him by ordinance or resolution. ...

Article 6 Treasurer.

Section 11-43-120 Bond; duties generally; payment of warrants; reports and statements to council
The treasurer shall give bond in such sum as the council may prescribe for the faithful performance of his duties and the safe custody ...
Section 11-43-121 Payment of interest upon warrants not paid for lack of funds; additional duties
If no interest is stipulated to be paid on warrants drawn upon the treasurer and not paid for want of funds, then the legal ...
Section 11-43-122 Public depositories; liability for loss
The council may direct, by ordinance or resolution, one or more qualified public depositories pursuant to Chapter 14A of Title 41 where the treasurer ...
Section 11-43-123 Moneys due municipalities, etc., to be paid to treasurer
The council shall provide by laws that all moneys due the municipality or any department thereof shall be paid directly to the treasurer and ...

Article 7 Fire Department.

Section 11-43-140 Authorized; management and control
Cities and towns may maintain and operate a volunteer or paid fire department and may do any and all things necessary to secure efficient ...
Section 11-43-141 Operation, etc., beyond corporate limits and police jurisdiction - Emergencies; liabilities, exemptions, etc
Whenever the necessity arises during any emergency resulting from fire or other public disaster, the firemen of any city or town may, together with ...
Section 11-43-142 Operation, etc., beyond corporate limits and police jurisdiction - Contracts with municipalities, counties, manufacturing or industrial concerns, etc.; liability for injuries
The governing body of any city or town may, in its discretion, authorize or require the fire department thereof to render aid in cases ...
Section 11-43-143 Municipal or state fire fighters or firemen not to strike, assert right to strike, etc.; rights to join labor organizations, etc
(a) No person shall accept or hold any commission or employment as a fire fighter or fireman in the service of the state or ...
Section 11-43-144 Compensation for death or disability of fire fighters from occupational diseases
(a) As used in this section the following words and terms shall have the meanings ascribed to them herein unless a contrary meaning is ...

Article 8 Removal or Impeachment of Municipal Officers.

Section 11-43-160 Removal
Any person appointed to office in any city or town may, for cause, after a hearing, be removed by the officer making the appointment. ...
Section 11-43-161 Grounds for impeachment - Acceptance of employment from public service corporation; financial dealings with municipality, etc
No mayor or alderman of any municipality shall accept employment after his election and during his term of office from any public service company ...
Section 11-43-162 Grounds for impeachment - Misapplication of funds from special tax
Any member of the council who shall vote in favor of or any mayor who shall approve any resolution or ordinance to apply the ...
Section 11-43-163 Powers of council or committee as to witnesses, etc.; secretary of committee
The council or a committee thereof duly authorized by resolution may summon witnesses and compel their attendance and compel witnesses to testify and produce ...

Article 9 Civil Service Merit Systems for Law Enforcement Officers.

Section 11-43-180 Purpose of article
In recognition of the inefficiencies, inadequacies and inconsistencies in law enforcement programs and practices of many municipalities of this state and in recognition of ...
Section 11-43-181 "Law enforcement officer" defined
As used in this article, the term "law enforcement officer" shall mean and include a policeman, policewoman and other official who has authority to ...
Section 11-43-182 Requirement as to establishment of merit systems by municipalities generally
Every municipality shall establish, separately or jointly, a civil service merit system governing the appointment, removal, tenure and official conduct of municipal law enforcement ...
Section 11-43-183 Agreements for furnishing by state personnel department of services and facilities for administration of merit systems for law enforcement officers of municipalities - Authorized
Any municipality failing to establish such a civil service merit system for said law enforcement officers within one year after August 23, 1976 shall, ...
Section 11-43-184 Agreements for furnishing by state personnel department of services and facilities for administration of merit systems for law enforcement officers of municipalities - Reimbursement of state for cost of services and facilities furnished; disposition of funds received by state as reimbursements
Every such agreement with the state director of personnel to furnish the services and facilities of the state personnel department to such municipalities shall ...
Section 11-43-185 Agreements for furnishing by state personnel department of services and facilities for administration of merit systems for law enforcement officers of municipalities - Classification of municipal law enforcement officers and applicability of state merit system rules and regulations
Each law enforcement officer in the civil service of any municipality at the time such municipality enters into such an agreement with the state ...
Section 11-43-186 Determination of salaries to be paid classifications within merit systems
The salaries to be paid in each classification established by the merit system shall be determined by the governing body of the municipality. ...
Section 11-43-187 Exemption of chief of police and deputy chief from provisions of merit systems
The merit system may exempt from its provisions the chief of police and the deputy chief. ...
Section 11-43-188 Provision in merit systems for probationary periods of employment
The merit system adopted may provide for a probationary period of employment of up to one year during which time said officer shall not ...
Section 11-43-189 Appointment of members of personnel board by representatives and senators in district
Each merit system created under this article shall have the option of having at least one member of its personnel board appointed by the ...
Section 11-43-190 Applicability of provisions of article
(a) This article shall not apply to any municipality with an established civil service or merit system already in existence on August 23, 1976, ...

Article 10 Reserve Law Enforcement Officers.

Section 11-43-210 Reserve law enforcement officers; appointment by city or town; qualifications; powers
(a) The appointing authority of any city or town in the State of Alabama may appoint, with or without compensation, one or more reserve ...

Article 11

Section 11-43-230 Predisciplinary hearing prior to suspension or termination; procedures; post disciplinary hearing
(a) Every municipality shall provide a predisciplinary hearing prior to the suspension or termination of its law enforcement officers, provided nothing herein shall preclude ...
Section 11-43-231 "Law enforcement officer" defined
As used in this article, the term "law enforcement officer" shall mean an official who is certified by the Alabama Peace Officers' Standards and ...
Section 11-43-232 Applicability to certain municipalities
This article shall not apply to any municipality with an established due process procedure for law enforcement officers on July 14, 2001, so long ...

Chapter 43A COUNCIL-MANAGER FORM OF GOVERNMENT.

Article 1 Council-Manager Act of 1982.

Section 11-43A-1 Applicability of chapter to classes of municipalities; short title
Any Class 2, 3, 4, 5, 6, 7 or 8 municipality in the state of Alabama may adopt the council-manager form of government by ...
Section 11-43A-2 Petition to probate judge for election as to adoption of council-manager form of government; examination of petition and certification to mayor
The filing of a petition signed by 10 percent or more of the number of qualified voters who voted in the last general municipal ...
Section 11-43A-3 Submission of question for election; proclamation of mayor; order of judge of probate
The mayor or other chief executive officer of such municipality shall immediately upon receipt of such certificate from the judge of probate, by proclamation, ...
Section 11-43A-3.1 Election in Class 6 municipalities - Time, procedure, etc
Any law to the contrary notwithstanding, an election shall be held in every Class 6 municipality wherein the municipal governing body has elected to ...
Section 11-43A-3.2 Election in Class 6 municipalities - Provisions to supersede other laws in 1983
The provisions of section 11-43A-3.1, authorizing an election in certain Class 6 municipalities in 1983 on the question of the adoption of the council-manager ...
Section 11-43A-4 Subsequent elections not to be held within two years of preceding election
If the council-manager form of government is not adopted at the election so called the question of adopting such form of government shall not ...
Section 11-43A-5 Form and marking of ballots
At such election the question to be submitted shall be printed in plain, prominent type on separate ballots and shall read as follows: "Shall ...
Section 11-43A-6 Conduct of election, canvassing of vote and declaration of election result; adoption and certification of provisions of chapter
The election shall be conducted, the vote canvassed and the result declared in the same manner as provided by law with respect to other ...
Section 11-43A-7 Time for change in form of government
The change in the form of government shall take place on the first Monday in October following the date of the next ensuing municipal ...
Section 11-43A-8 Name of governing body; composition of council; seating of initial council; election of next council; alternate form for Class 6 cities
The governing body provided for herein shall be known collectively as the "council of the city (town) of _____ (name of city or town ...
Section 11-43A-9 Election of municipal officers; division of municipality into districts; qualifications and eligibility of candidates; runoff election; term of office; exception for Class 6 cities
In all cities to which this section applies, except Class 6 cities wherein the municipal governing body has elected to have a nine-member council, ...
Section 11-43A-10 Continuation of municipal corporation
Any municipal corporation which adopts the council-manager form of government shall continue its existence as a body corporate without change in the municipal corporation. ...
Section 11-43A-11 Municipal government to be known as "council-manager form of government"; vesting of municipal powers in council
The municipal government of any such city or town proceeding under this chapter shall be known as the "council-manager form of government". Pursuant to ...
Section 11-43A-12 Powers of municipality
The municipality shall have all the powers granted to municipal corporations by the Constitution and the laws of the state together with all the ...
Section 11-43A-13 Filing of statement of candidacy for office of mayor or councilman; qualifications
Any person desiring to become a candidate at any election for the office of mayor or councilman may become such candidate by filing a ...
Section 11-43A-14 Printing and preparation of ballots; conduct of election; exception for Class 6 cities
At every such election all ballots to be used by the voters shall be printed and prepared by the municipality and shall contain the ...
Section 11-43A-15 Compensation of mayor and councilmen
The mayor and each councilman shall receive as compensation for their services the sum established by the municipal governing body at least six months ...
Section 11-43A-16 Duties of mayor; councilman-at-large as assistant mayor; vacancy in office of mayor to be filled by councilman-at-large; mayor pro tem; vacancies on council; exception for Class 6 cities
The mayor shall preside at the meetings of the council and shall be recognized as the head of the municipal government for all ceremonial ...
Section 11-43A-17 Powers of council
All powers of the municipality including all powers vested in it by this chapter and by the Constitution, the general and local laws of ...
Section 11-43A-18 Appointment of city manager; eligibility; temporary acting city manager; term of city manager; removal; mayor and council prohibited from involvement, etc., in administrative service; penalties for violation; exception for Class 6 cities
The council, by a majority vote of the whole qualified membership of the council, shall appoint a city manager, who shall be an officer ...
Section 11-43A-19 Power of council to create, change and abolish offices, etc., and assign additional functions or duties thereto
The council, by ordinance, may create, change and abolish offices, departments, boards or agencies other than the offices, departments, boards or agencies established by ...
Section 11-43A-20 Clerk of municipality; when subject to civil service or merit system; duties
If the clerk of any municipality which adopts the council-manager form of government holds office subject to any civil service or merit system, such ...
Section 11-43A-21 Times for meetings of council; open to public
The first meeting of each newly elected council for induction into office shall be held at 10:00 in the morning on the first Monday ...
Section 11-43A-22 Investigation and determination of election and qualifications of council members by council; judicial review
The council shall be the judge of the election and qualifications of its members and for the purpose of investigating such election and qualifications ...
Section 11-43A-23 Rules of council
The council shall determine its own rules and order of business and such rules shall be established by ordinance. ...
Section 11-43A-24 Regular public meetings of council; adjourned, called, special or other meetings; quorum; when vote of majority of quorum sufficient; when vote of majority of council required; procedure; record of proceedings; journal; unanimous consent for passage of certain ordinances at meeting where introduced; publication of ordinances
The council shall hold regular public meetings as may be prescribed by its own rules, provided that a regular hour and day shall be ...
Section 11-43A-25 Thirty day delay in effect of ordinances granting franchises, etc.; publication at expense of grantee
No ordinance granting to any person, firm or corporation of any franchise, lease of right to use the streets, public highways, thoroughfares or public ...
Section 11-43A-26 Revision and codification of ordinances and resolutions or adoption of code
The council may provide for the revision and codification of its ordinances and permanent resolutions or for the adoption of a code or codes. ...
Section 11-43A-27 Monthly statement and summary; annual examination of books and accounts; publication of results
The council shall each month make available in the office of the city manager a detailed statement of all receipts and expenses of the ...
Section 11-43A-28 Qualifications of city manager; duties; designation or appointment of administrative officer to perform duties of manager during temporary absence or disability
The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his ...
Section 11-43A-29 Fiscal, budget and accounting year; submission and adoption of budget; changes in budget
The fiscal year of the municipality shall begin on the first day of each October in each year and shall end on the last ...
Section 11-43A-30 Municipal treasurer; establishment of office and assignment of duties; election; assignment of duties to city clerk as clerk-treasurer
The council may establish, by ordinance, the office of municipal treasurer and assign to such office the duties and responsibilities it deems necessary. The ...
Section 11-43A-31 Payment and deposit of municipal funds
The council shall prescribe, by ordinance, the method of paying out funds of the municipality. Checks and warrants shall be signed by at least ...
Section 11-43A-32 Establishment of council districts; at-large posts of mayor and councilman-at-large; exception for Class 6 cities
In all cities to which this section applies, except Class 6 cities in which the municipal governing body has elected to have a nine-member ...
Section 11-43A-33 Reapportionment of council districts; filing of recommended plan with council; redistricting ordinances; effect on incumbents and on elections held within six months
Whenever there shall be a change in population in any of the districts heretofore established, evidenced by a federal census of population published following ...
Section 11-43A-34 Effect of chapter on existing officers, employees, offices, departments, etc
Nothing in this chapter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality ...
Section 11-43A-35 Continuation in office of persons holding administrative office until contrary provision is made; transfer of powers and duties of abolished offices, etc
All persons holding administrative office at the time the council-manager form of government is adopted shall continue in office and in the performance of ...
Section 11-43A-36 Continuation in office of persons in civil service or merit system
Any person holding an office or position in the civil service of the municipality under any civil service or merit system applicable to the ...
Section 11-43A-37 Transfer of records, property and equipment of office, etc., when duties reassigned
All records, property and equipment whatsoever of any office, department or agency or part thereof, all the powers and duties of which are assigned ...
Section 11-43A-38 Continuation of offices, departments, etc., until otherwise provided
Any office, department, board or agency provided for in this chapter with a name or with powers and duties the same or substantially the ...
Section 11-43A-39 Continuation of contracts; completion of public improvements
All contracts entered into by the city, or for its benefit, prior to the adoption by such city of the council-manager form of government, ...
Section 11-43A-40 Effect of chapter on pending litigation
No action or proceeding, civil or criminal, pending at the time of the adoption of the council-manager form of government, brought by or against ...
Section 11-43A-41 Effect of chapter on laws relating to pension, retirement and relief funds for employees
All laws and parts of laws relating to pension, retirement and relief funds for any employees of the municipality, as the same may apply ...
Section 11-43A-42 Continuation of laws relating to boards, authorities, agencies, etc., with independent status until otherwise provided
All laws relating to the school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board, zoning board, park ...
Section 11-43A-43 When chapter becomes applicable to municipality
For all purposes the provisions of this chapter shall become applicable to said municipality at the time when the first council of such municipality ...
Section 11-43A-44 Continuation of ordinances and resolutions unless and until changed or repealed
All ordinances and resolutions of the municipality in effect at the time of adoption by the municipality of the council-manager form of government herein ...
Section 11-43A-45 Discrimination prohibited
No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any municipal position or ...
Section 11-43A-46 Right of city manager, heads of departments, etc., to attend council meetings and take part in discussions; city manager to be notified of special or adjourned meetings
The city manager, the heads of all departments, and such other officers of the municipality as may be designated by the council, shall be ...
Section 11-43A-47 Right of council, city manager and designees to investigate municipal affairs, etc
The council, the city manager, or any person or committee authorized by either of them, shall have the power to inquire into the conduct ...
Section 11-43A-48 Limit on contracts involving money payments; requirements for validity
No contract involving the payment of money out of the appropriation of more than one year shall be made for a period of more ...
Section 11-43A-49 Bond of city manager and other officers and employees
The city manager and other such officers or employees as the council may by general ordinance require so to do, shall give bond in ...
Section 11-43A-50 Oath or affirmation of councilman, officers and employees
Every councilman, officer and employee of the municipality shall, before entering upon the duties of his office, take and subscribe to the following oath ...
Section 11-43A-51 Change from council-manager form of government; when election thereon authorized
No municipality may change from the council-manager form of government within three years after the adoption thereof. At the end of such period, or ...
Section 11-43A-52 Effect of chapter on existing laws
All laws and parts of laws, general, local or special, relating to or affecting the city, its powers, functions, duties and property, in force ...

Article 2 Council-Manager Act of 1991.

Section 11-43A-70 Adoption of ordinance establishing council-manager form of government; short title
Within three months of the approval of this article by the Governor, the governing body of any Class 2, 3, 4, 5, 6, 7 ...
Section 11-43A-71 When council-manager form of government becomes effective
When such an ordinance is adopted within the time period specified in Section 11-43A-70, the council-manager form of government under this article shall become ...
Section 11-43A-72 Form of government to be known as "council-manager form of government"; vesting of municipal powers in council
The form of government of any municipality proceeding under this article shall be known as the "council-manager form of government." Pursuant to the provisions ...
Section 11-43A-73 Continuation of municipal corporation
Any municipality which adopts the council-manager form of government under this article shall continue its existence as a body corporate without change in the ...
Section 11-43A-74 Powers of municipality
The municipality shall have all the powers granted to municipal corporations by the constitution and the laws of this state together with all the ...
Section 11-43A-75 Mayor and council members to continue in office until expiration of terms
The mayor and council members, and all officers of the council, who are holding office on the date of the preclearance by the United ...
Section 11-43A-76 Composition of council; municipal elections
The council shall consist of seven council members who shall be elected by single-member districts. There shall be one mayor, and he shall be ...
Section 11-43A-77 Population of districts; designation and boundaries specifically described; municipalities having seven council districts prior to effective date
The seven council districts shall have, as nearly as is reasonable, the same population according to the last federal decennial census. The designation and ...
Section 11-43A-78 Election of municipal officers; qualifications and eligibility of candidates; runoff election; term of office
With respect to municipal elections, each candidate shall announce that he is to become a candidate for either mayor or for councilman of District ...
Section 11-43A-79 Compensation for mayor and councilmen
The mayor and councilmen shall receive as compensation for their services the respective sums established by the council by ordinance at least six months ...
Section 11-43A-80 Procedure for becoming candidate
Any person desiring to become a candidate at any election for the office of mayor or councilman may become a candidate by filing a ...
Section 11-43A-81 Election ballots
At every such election all ballots to be used by the voters shall be printed and prepared by the municipality and shall contain the ...
Section 11-43A-82 Duties, powers, and rights of mayor
The mayor shall preside at the meetings of the council and shall be recognized as the head of the municipal government for all ceremonial ...
Section 11-43A-83 Powers of council; president and president pro tem
The council shall be the governing body of the municipality and shall exercise all legislative functions of the municipality. All powers of the municipality, ...
Section 11-43A-84 Appointment of city manager; temporary acting city manager; term of city manager; removal; actions by council or its members prohibited or restricted
(a) The council, by a majority vote of the whole qualified membership of the council, shall appoint a city manager who shall be an ...
Section 11-43A-85 Qualifications of city manager; duties and powers; designation or appointment of administrative officer to perform duties of manager during temporary absence or disability
(a) The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to ...
Section 11-43A-86 Clerk of municipality; when subject to civil service or merit system; duties
If the clerk of any municipality which adopts the council-manager form of government under this article holds office subject to any civil service law ...
Section 11-43A-87 Times for meeting of council; open to public
The council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than twice each month. All ...
Section 11-43A-88 Council to be judge of election and members' qualifications; investigation; judicial review
The council shall be the judge of the election and qualifications of its members and, for the purpose of investigating such election and qualifications, ...
Section 11-43A-89 Rules of council
The council shall determine its own rules and order of business, and such rules shall be established by ordinance. ...
Section 11-43A-90 Regular public meetings of council; adjourned, called, special or other meetings; quorum; when vote of majority of quorum sufficient; when vote of majority of council required; procedure; record of proceedings; journal; unanimous consent for passage of certain ordinances at meeting where introduced; publication of ordinances
The council shall hold regular public meetings as may be prescribed by its own rules, provided that a regular hour and day shall be ...
Section 11-43A-91 Thirty-day delay in effect of ordinances granting franchises, etc.; publication at expense of grantee
No ordinance granting to any person, firm or corporation any franchise, lease or right to use the streets, public highways, thoroughfares or public property ...
Section 11-43A-92 Codification and revision of ordinances and resolutions
The council may provide for the codification of its ordinances and permanent resolutions and any revisions thereof. ...
Section 11-43A-93 Monthly statement and summary; annual examination of books and accounts; publication of results
The city manager shall each month make available to the council a detailed statement of all receipts and expenses of the municipality, and the ...
Section 11-43A-94 Fiscal, budget and accounting year; submission and adoption of budget; changes in budget
(a) The fiscal year of the municipality shall begin on the first day of each October in each year and shall end on the ...
Section 11-43A-95 Municipal treasurer; establishment of office and assignment of duties; election; assignment of duties for city clerk as clerk-treasurer
(a) The council may establish, by ordinance, the office of municipal treasurer and shall assign to such office the duties and responsibilities which it ...
Section 11-43A-96 Payment and deposit of municipal funds
The council shall prescribe, by ordinance, the method of paying out funds of the municipality. Checks and warrants shall be signed by at least ...
Section 11-43A-97 Reapportionment of council districts; filing of recommended plan with council; redistricting ordinances; effect on incumbent
Whenever there shall be a change in the population of any of the council districts according to the federal decennial census of population published ...
Section 11-43A-98 Effect of article on rights and privileges of officers, employees, departments, boards, etc
Nothing in this article, except as may otherwise be specifically provided herein, shall affect or impair the rights and privileges of the officers and ...
Section 11-43A-99 Continuation in office of persons holding administrative office until different provision made; transfer of powers and duties of abolished offices
All persons holding any administrative office on the date that the council-manager form of government under this article is made effective shall continue in ...
Section 11-43A-100 Continuation in office of persons in civil service or merit system
Any person holding an office or position in the civil service of the municipality under any civil service law or merit system applicable to ...
Section 11-43A-101 Transfer of records, property and equipment when duties and powers of office, department, etc., reassigned
If the powers and duties of any office, department, board or agency of the municipality are by this article assigned to another office, department, ...
Section 11-43A-102 Continuation of offices, departments, etc., until otherwise provided
Any office, department, board or agency provided for in this article with a name or with powers and duties which are the same or ...
Section 11-43A-103 Continuation of contracts; completion of public improvements
All contracts and other obligations entered into by the municipality, or for its benefit, prior to the adoption by the municipality of the council-manager ...
Section 11-43A-104 Effect of article on pending litigation
No action or proceeding, civil or criminal, pending at the time of the adoption of the council-manager form of government under this article, brought ...
Section 11-43A-105 Continuation of laws relating to boards, authorities, agencies, etc., with independent status until otherwise provided
All laws relating to any school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board or commission, zoning ...
Section 11-43A-106 Continuation of ordinances and resolutions unless and until changed or repealed
All ordinances and resolutions of the municipality in effect at the time of the adoption of the council-manager form of government under this article ...
Section 11-43A-107 Discrimination prohibited
No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to, any municipal position or ...
Section 11-43A-108 Right of city manager, directors of departments, etc., to attend council meetings and take part in discussions; city manager to be notified of all council meetings
The city manager, the directors of all departments and such other officers of the municipality as may be designated by the council shall be ...
Section 11-43A-109 Right of council, city manager and designees to investigate municipal affairs, etc
The council and the city manager, or any person or committee authorized by either of them, shall have the power to inquire into the ...
Section 11-43A-110 Limits on contracts involving money payments; requirements for validity
No contract involving the payment of money out of the appropriation of more than one year shall be made for a period of more ...
Section 11-43A-111 Bond of city manager and other officers and employees
The city manager, and other officers or employees whom the council may by ordinance require, shall give bond in such amount, for such matters ...
Section 11-43A-112 Oath or affirmation of mayor, councilmen, officers, and employees
The mayor and every councilman, officer and employee of the municipality shall, before entering upon the duties of his office, take and subscribe to ...
Section 11-43A-113 Referendum to determine form of government
Between October 1, 1991, and March 31, 1992, any municipality adopting the council-manager form of government under this article, regardless of which effective date ...
Section 11-43A-114 Referendum ballots
At such referendum, the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for ...
Section 11-43A-115 Adoption of form of government by majority of votes
If the majority of votes are in favor of the council-manager form of government, then the council-manager form of government under this article shall, ...
Section 11-43A-116 Effect of article on existing laws
All laws and parts of laws, general, local or special, relating to or affecting such municipality, its powers, functions, duties, corporate limits or property, ...

Chapter 43B MAYOR-COUNCIL FORM OF GOVERNMENT IN CLASS 4 MUNICIPALITIES.

Section 11-43B-1 Authority to adopt mayor-council form of government
Within three months of the approval of this chapter the governing body of a Class 4 municipality by a majority vote of the members ...
Section 11-43B-2 Election date; when mayor-council form of government deemed adopted
An election for mayor and members of the city council shall be held on the second Tuesday in July, 1986, with a runoff, if ...
Section 11-43B-3 Terms of office
The mayor and council members elected hereunder shall serve four-year terms with the first election being held as herein provided in section 11-43B-2 and ...
Section 11-43B-4 Conduct of elections; residency requirements; qualifying fee; statement of campaign expenses and contributions
The initial elections provided for herein, and all subsequent elections, shall be conducted, the vote canvassed, the results declared, and those elected assume the ...
Section 11-43B-5 Salary and expenses of mayor and council members; participation in hospitalization, medical care and insurance programs
In addition to any salary set by ordinance, the mayor and council members shall receive their actual and necessary expenses as approved by a ...
Section 11-43B-6 Holding of other public office during term as council member; holding of compensated appointive office by former council member or mayor
Except where clearly authorized by law, no council member shall hold any other public office or be employed by the city during the term ...
Section 11-43B-7 Council not to direct appointment or removal of any person from office; appointment of civil service employees; limits on supervision of employees by council
Neither the council nor any of its members shall direct or request the mayor or any employee of the city to appoint or remove ...
Section 11-43B-8 Government known as mayor-council form of government; powers vested in council; agenda of meetings; exercise of powers; quorum
The government of any such city operating under this chapter shall be known as the mayor-council form of government. Pursuant to the provisions and ...
Section 11-43B-9 Statement of receipts and expenses; audit of books and accounts; publication of audit; submission of audit to mayor
The mayor shall, from time to time, prepare a detailed statement of all receipts and expenses of the city. At the end of each ...
Section 11-43B-10 Budget, appropriations and expenditures
The mayor shall annually prepare and submit a proposed budget to the council. After public hearing the council shall adopt an ordinance providing the ...
Section 11-43B-11 President of council; president pro tempore appointed upon failure or refusal to act
The council shall elect from its members a president of the council. In the event of a failure or refusal of the president of ...
Section 11-43B-12 Vacancies in offices of mayor, president of council and councilman
In the event of a vacancy, from any cause, in the office of mayor, the council shall appoint a person to succeed to the ...
Section 11-43B-13 Franchise or lease of right to use streets or public property
No ordinance granting to any person, firm or corporation of any franchise or lease of right to use the streets, public highways, thoroughfares or ...
Section 11-43B-14 Initial territorial limits
The initial territorial limits of any municipality which adopts the mayor-council form of government as provided by this chapter shall be the same as ...
Section 11-43B-15 Number of council members; boundaries of districts
The council shall be composed of seven members. The boundaries of the districts shall be established by ordinance adopted at least six months prior ...
Section 11-43B-16 Redistricting of boundaries after publication of census or change in corporate limits
After the publication of a federal census of population or a substantial change in the corporate limits, if any council district contains a population ...
Section 11-43B-17 Creation of departments, etc., by ordinance; discontinuance of functions assigned by law
By ordinance, the council may establish city departments, boards, offices or agencies and may prescribe the functions thereof, except that no function assigned by ...
Section 11-43B-18 Limit on duration of contracts; validity of contracts
No contract involving the payment of money out of the budget of more than one fiscal year shall be made for a period of ...
Section 11-43B-19 Effect of chapter on preexisting rights of officers and employees
Nothing contained in this chapter, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality ...
Section 11-43B-20 Administrative offices continued; exercise of powers and duties of offices, etc., abolished by chapter
All persons holding administrative office at the time the mayor-council form of government is adopted shall continue in office and in the performance of ...
Section 11-43B-21 Transfer of powers and duties from existing offices to similar offices provided for in this chapter; applicability of laws relating to existing offices
Any office, department, board or agency provided for in this chapter with a name or with powers and duties the same or substantially the ...
Section 11-43B-22 Continuance in office of persons under existing civil service system; chapter not to supersede existing civil service system
Any person holding an office or position in the civil service of the municipality under any civil service or merit system applicable to the ...
Section 11-43B-23 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 ...
Section 11-43B-24 Continuance of contracts in effect
All contracts entered into by the city, or for its benefit, prior to the adoption by such city of the mayor-council form of government, ...
Section 11-43B-25 Pending legal actions and proceedings
No action or proceeding, civil or criminal, pending at the time of the adoption of the mayor-council form of government, brought by or against ...
Section 11-43B-26 Pension, retirement and relief fund laws continued in effect
All laws and parts of laws relating to pension, retirement and relief funds for any employees of the municipality, as the same may apply ...
Section 11-43B-27 Laws as to independent boards, authorities and agencies continued in effect
All laws relating to the school board, library board, hospital board, airport board, industrial development boards or authorities, housing authorities, medical clinic boards, plumbers ...
Section 11-43B-28 Powers generally
(a) The municipality shall have all powers granted to municipal corporations and to cities by the Constitution, code and laws of this state, together ...
Section 11-43B-28.1 Increase in membership of city board of education and waterworks and sewer board
In any Class 4 municipality which has adopted a mayor-council form of government pursuant to Chapter 43B (commencing with Section 11-43B-1) of Title 11, ...
Section 11-43B-29 Ordinances and resolutions continued in effect; references to city commission, etc., deemed to refer to city council
All ordinances and resolutions of the municipality in effect at the time of the adoption of the mayor-council form of government herein established shall ...
Section 11-43B-30 Purchase of labor services, materials, etc., from elected officials or employees
Notwithstanding any statute or law to the contrary, any Class 4 municipality which adopts this form of mayor-council government may legally purchase or lease ...
Section 11-43B-31 Laws relating to city continued in effect; inconsistent laws as to exercise of powers and duties of other form of government; chapter 44B of this title not repealed
All laws and parts of laws, general, local or special, relating to or affecting the city, its powers, functions, duties and property, in force ...
Section 11-43B-32 Violation of chapter
Any person who willfully and intentionally violates a provision of this chapter shall upon conviction be guilty of a Class A misdemeanor and shall ...

Chapter 43C MAYOR-COUNCIL FORM OF GOVERNMENT IN CLASS 5 MUNICIPALITIES.

Section 11-43C-1 Applicability of chapter
This chapter shall apply to any Class 5 municipality in the state of Alabama. ...
Section 11-43C-2 Special election as to adoption of mayor-council form of government
After May 21, 1987, the mayor or chief executive officer of any city to which this chapter applies may call a special election to ...
Section 11-43C-3 Form of ballot; marking of ballot; use of voting machines
At such election the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for ...
Section 11-43C-4 Conduct of election; election expenses
The election shall be held and conducted in accordance with the provisions of Title 11, except as herein otherwise specifically provided. The expenses of ...
Section 11-43C-5 Provisions applicable if mayor-council form of government chosen
If a majority of the qualified electors voting in the election provided herein vote in favor of a mayor-council form of government, the following ...
Section 11-43C-6 Election of mayor and council members; time of taking office; election expenses
An election shall be held in 1988 at the regularly scheduled municipal election and the officials elected shall take office upon the expiration of ...
Section 11-43C-7 Qualification of council candidates; votes cast by each voter; majority vote requirements; run-off elections; elections held quadrennially; when elected councilmen take office; term of office; councilman may succeed himself
Council candidates shall qualify as provided by law and shall have the qualification and eligibility set forth herein. Each voter in the election may ...
Section 11-43C-8 Mayor - Majority vote requirements; run-off election
The candidate for mayor receiving the largest number of votes for the office shall be elected thereto, provided such candidate receives a majority of ...
Section 11-43C-9 Mayor - Elections held quadrennially; oath; may succeed himself
The mayor shall qualify and take office in the manner herein prescribed. The regular election for mayor shall be held quadrennially thereafter under the ...
Section 11-43C-10 City continued as municipal corporation
When this mayor-council form of government becomes applicable to a city, said city shall continue as a municipal corporation, within the corporate limits as ...
Section 11-43C-11 Government known as "mayor-council form of government"; powers of city vested in council; manner in which powers exercised
The municipal government of any such city proceeding under this chapter shall be known as the "mayor-council form of government." Pursuant to the provisions ...
Section 11-43C-12 Powers of city generally
The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of this state, together with ...
Section 11-43C-13 Council to consist of five district council members; division of municipality into districts; changing district boundaries where population varies by over five percent
The council shall include five members who shall be known and elected as district council members. Such district council members shall be elected from ...
Section 11-43C-14 District council members - Filing as candidate; qualifying fee
Any person desiring to become a candidate in any election for the office of district council member may become such candidate by filing in ...
Section 11-43C-15 District council members - No primary elections; filing of pauper's oath or petition to become candidate
No primary election shall be held for the nomination of candidates for the office of council member, and candidates shall be nominated only as ...
Section 11-43C-16 District council members - Oath of office
Every person who shall be elected or appointed to fill a vacancy in the office of council member shall, upon assuming office, qualify by ...
Section 11-43C-17 District council members - Qualifications; holding other offices; effect of conviction or loss of any qualification
Councilmen shall be qualified electors of the city and, in the case of candidates for any district, t

Resources

Alabama Codes

Title 11 - Counties And Municipal Corporations

Title 1 - Provisions Applicable To Municipal Corporations Only