(a) At the meeting, to be held as provided for as specified in Section 11-48-6, or at a place and time to which the same may be adjourned, all persons whose property may be affected by the proposed improvement may appear in person or by attorney or by petition and object or protest against said improvement, the material to be used or the alternative types of material or any of them from which selection is later to be made, if any, and the manner of making the same, and said council shall consider such objection and protest and may confirm, amend, modify, or rescind the original ordinance or resolution.
But if objection to the proposed improvement is made by a majority in frontage of the property owners to be affected thereby when the proposed improvement is to be assessed against the property fronting or abutting any street, avenue, or alley or by a majority in area of the property owners when the proposed improvement is to be assessed against the property comprising a sewerage, drainage, or other improvement district, the improvement shall not take place unless ordered by a two-thirds vote of those elected to the council.
(b) In all cases where any city or town has undertaken a program of public improvements, the cost of which was or is to be assessed in whole or in part against the property drained, served, or benefited by such improvements, the action of such city or town in receiving construction bids, awarding and executing a construction contract or contracts pursuant to such bids, and commencing performance thereunder prior to the adoption of the improvement ordinance or resolution and prior to the holding of the protest meeting required by subsection (a) is hereby ratified and confirmed, and the actions of such cities or towns in proceeding with the program of public improvements and assessing the cost thereof or any part of such cost against the property drained, served, or benefited by the improvements, which costs are determined in part by reference to the amounts paid under any such contract or contracts, are hereby ratified and confirmed; provided that, before any such assessments are or were made final the appropriate improvement ordinance or resolution was adopted and the required protest meeting or hearing was convened, held, and conducted in the manner required by law.
This subsection shall not apply to any such contract, the validity of which has been, prior to the adoption hereof, successfully challenged in a court of competent jurisdiction by judgment entered prior to July 30, 1979, or to any contract when litigation relating to any such contract is pending on July 30, 1979.
Structure Code of Alabama
Title 11 - Counties and Municipal Corporations.
Title 2 - Provisions Applicable to Municipal Corporations Only.
Chapter 48 - Public Improvements and Assessments Generally.
Article 1 - General Provisions.
Section 11-48-1 - Short Title.
Section 11-48-2 - Definitions.
Section 11-48-3 - Applicability of Provisions of Article.
Section 11-48-4 - General Powers of Municipalities as to Public Improvements.
Section 11-48-9 - Costs of Proposed Improvements Specified; Payment of Portion Thereof by Council.
Section 11-48-10 - When Council to Establish Grade of Street, Alley, Sidewalk, etc., to Be Improved.
Section 11-48-11 - Notice, Advertisement and Letting of Contract for Improvements.
Section 11-48-12 - City or Town Engineer, etc., to Supervise Work, Appointment of Engineer, Etc.
Section 11-48-13 - Council to Accept or Reject Work, etc., for Municipality.
Section 11-48-16.1 - Assessment of Charge Against Landowner Seeking to Connect to Sewer.
Section 11-48-18 - Manner of Assessment of Costs of Improvements Generally - Sidewalk Improvements.
Section 11-48-19 - Assessment of Costs of Improvements Against Railroads.
Section 11-48-20 - Preparation, etc., of List of Property Owners to Be Assessed for Improvement.
Section 11-48-21 - Entry of List in Assessment Book for Local Improvements.
Section 11-48-23 - Notice of Hearing Upon Objections, etc., to Assessments.
Section 11-48-24 - Contents of Notice as to Assessments for Improvements.
Section 11-48-25 - Effect and Correction of Defects or Errors in Notice.
Section 11-48-26 - Filing of Written Objections, etc., to Assessments by Property Owners.
Section 11-48-27 - Hearing Upon Objections to Assessments - Conduct Generally.
Section 11-48-32 - Assignment and Transfer of Assessment Liens.
Section 11-48-33 - Enforcement of Assessment Liens in Circuit Court.
Section 11-48-36 - Appeals to Circuit Court From Assessments - Authorized.
Section 11-48-37 - Appeals to Circuit Court From Assessments - Bond.
Section 11-48-38 - Appeals to Circuit Court From Assessments - Entry on Trial Docket.
Section 11-48-39 - Appeals to Circuit Court From Assessments - Transcript for Appeal - Contents.
Section 11-48-40 - Appeals to Circuit Court From Assessments - Authorized - Prima Facie Evidence.
Section 11-48-43 - Appeals From Judgment of Circuit Court - by Property Owner - Authorized; Bonds.
Section 11-48-44 - Appeals From Judgment of Circuit Court - by Property Owner - Conduct Generally.
Section 11-48-48 - Payment of Assessments Generally.
Section 11-48-48.1 - Payment of Assessments in Class 2 Municipalities.
Section 11-48-54 - Redemption of Property After Sale Generally.
Section 11-48-55 - Extension of Redemption Period.
Section 11-48-58 - Redemption of Property During Extended Redemption Period.
Section 11-48-60 - Applicability of Provisions of Sections 11-48-54 Through 11-48-58.
Section 11-48-62 - Issuance of Bonds After Completion of Work.
Section 11-48-63 - Applicability of Provisions of Law as to Issuance of Municipal Bonds Generally.
Section 11-48-64 - Acquisition of Lands, Easements, etc., for Public Improvements.