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Chapter 80 - General Provisions.
Section 11-80-1 - Condemnation of Lands for Public Building Sites, Roads, Streets, Construction Materials, Etc. - (a) Counties and municipal corporations may condemn lands for public...
Section 11-80-2 - Relocation Assistance for Persons Displaced by Acquisition of Real Property Under Local Land Acquisition Programs. - (a) The incorporated municipalities and counties of this state are...
Section 11-80-3 - Contracts Between Counties and Municipalities as to Use and Occupation, etc., of Public Buildings Located in Municipalities. - Municipalities and counties may contract with each other for the...
Section 11-80-4 - Appropriations for Municipal Bands, Etc. - The counties, cities, and towns in the State of Alabama...
Section 11-80-4.1 - Appropriations and Contributions to Community Action Agencies. - (a) County and municipal governments in Alabama are hereby authorized...
Section 11-80-5 - Planning, Establishment, Administration, etc., of Recreational, Social and Cultural Facilities, Services, etc., for Senior Citizens. - The counties and municipalities of this state are hereby authorized...
Section 11-80-7 - Authority of Municipalities, Counties, Public Corporations, Boards of Education, etc., With Respect to Letters of Credit as Security for Bonds, Notes, Etc. - Any municipality, county, public corporation, city or county board of...
Section 11-80-8.1 - Enactment of Ordinances, Resolutions, etc., Controlling Rent Charged for Leasing Private Property Prohibited. - (a) As used in this section, "local governmental unit" means...
Section 11-80-9 - Assistance to Governing Body of Municipality or County When Municipality or County Declared Disaster Area; Procedure; Mutual Aid Agreements. - (a) The governing body of each incorporated municipality and the...
Section 11-80-10 - Licensing of Junkyards Located Within and Outside Police Jurisdictions by Municipalities and Counties. - (a) As used in this section, the following words and...
Section 11-80-11 - Authority Reserved to Attorney General to Bring or Settle Certain Lawsuits Concerning Firearms, Ammunition, Etc. - The authority to bring or settle any lawsuit in which...
Section 11-80-12 - Retention of Judicially Prescribed Method of Election and Number of Serving Members for Boards of Education, County Commissions, or Municipal Governing Bodies. - Notwithstanding any other provision of law to the contrary, any...
Section 11-80-13 - Cemetery Rehabilitation Authorities. - (a)(1) County commissions may establish a county cemetery rehabilitation authority,...
Section 11-80-14 - Deaf or Blind Child Area Signs. - (a) Upon request, a city or county may install a...
Section 11-80-15 - Regulation of Fertilizer. - (a) A county commission or municipal governing body may not...
Section 11-80-16 - Prohibition Against Requiring Employers to Grant or Compensate for Vacation or Leave Not Required by State or Federal Law. - (a) For purposes of this section, the following words have...
Section 11-80-17 - Alarm Systems; Regulation of Installation and Use of Battery-Charged Fences. - (a) For purposes of this section, a "battery-charged fence" means...
Chapter 81 - Municipal and County Bonds.
Article 1 - General Provisions.
Section 11-81-1 - Execution of Mortgages to Secure Bonds and Indebtedness Incurred in Purchase, Construction, Extension, etc., of School Buildings or Waterworks, Gas, Light, etc., Plants. - Any city or town of the State of Alabama that...
Section 11-81-2 - Execution of Mortgages or Deeds of Trust Upon Property Acquired, etc., With Proceeds of Bond Issues; Recordation of Same. - Any municipal corporation in this state shall have power and...
Section 11-81-3 - Issuance of Refunding or Funding Bonds as to Adjustment, etc., of Indebtedness. - The governing body of any county, city or town, or...
Section 11-81-4 - Issuance of Refunding Interest-Bearing Certificates of Indebtedness, Warrants or Notes by Municipalities; Pledge of Tax, Revenues, etc., for Payment of Principal and Interest on Same. - The governing body of any municipality in this state is...
Section 11-81-5 - Places of Payment. - All bonds may be made payable at such place or...
Section 11-81-6 - Maturity and Payment - Generally. - The principal of all bonds issued under this chapter, except...
Section 11-81-7 - Maturity and Payment - Bonds Issued and Sold in Series. - In any case where general obligation bonds of a county...
Section 11-81-8 - Estimate as to Period of Usefulness of Improvement or Property for Which Bonds Issued. - The governing body shall estimate the period of usefulness of...
Section 11-81-9 - Form; Appointment of Registrar and Provision for Registration and Transfer. - Bonds issued under this chapter may be issued either in...
Section 11-81-10 - Sale Price. - All bonds, except revenue bonds, issued under this chapter shall...
Section 11-81-11 - Sale. - All bonds issued under the authority of this chapter shall...
Section 11-81-12 - Determination of Highest Bidder. - In determining the highest bidder for bonds offered for sale...
Section 11-81-13 - Disposition of Proceeds From Sale. - The principal proceeds received in the sale of any bonds...
Section 11-81-14 - Presumption as to Validity of Issuance, Sale, etc.; Limitation Period for Actions to Contest Validity Thereof. - Any bonds reciting that they are issued pursuant to this...
Section 11-81-15 - Levy, Collection and Disposition of Special Tax for Payment of Principal and Interest on Bonds and Sinking Fund Payments. - In every county and municipality the officers charged by law...
Section 11-81-16 - Pledge of Revenues From Certain Taxes, Utilities, etc., for Payment of Principal and Interest on Bonds. - In any case in which a county or municipality may...
Section 11-81-17 - Pledge of Revenues From Waterworks System to Secure Payment of Bonds. - Any municipality or county may pledge the net revenues of...
Section 11-81-18 - Pledge of Revenues From License, Privilege, or Excise Taxes for Payment of Principal and Interest on Bonds. - In any case in which a municipality or county may...
Section 11-81-19 - Investment of Sinking Funds Generally; Reports as to Investment or Deposit of Sinking Funds; Contracts for Purchase of Savings Certificates. - All sinking funds provided for the retirement of bonds shall...
Section 11-81-20 - Investment of Funds Received to Credit of Sinking Fund. - Any funds of any municipality or county which may come...
Section 11-81-21 - Investment of Funds Obligation in Which Sinking Funds May Be Invested. - THIS SECTION WAS AMENDED BY ACT 2022-146 IN THE 2022...
Section 11-81-22 - Sinking Fund Bonds - Issuance, Etc. - Any city which has power to issue bonds to refund...
Section 11-81-23 - Sinking Fund Bonds - Designation; Maturity and Interest; Disposition. - Bonds issued to and placed in such a sinking fund...
Section 11-81-24 - Sinking Fund Bonds - Creation of Sinking Fund; Employment and Duties of Trustee of Sinking Fund. - Any city which desires to issue bonds as provided by...
Section 11-81-25 - Sinking Fund Bonds - Powers of Trustee of Sinking Fund. - Any trustee of a sinking fund established under Sections 11-81-22...
Section 11-81-26 - Mandamus Proceedings. - Any court having jurisdiction shall issue mandamus for the levy...
Section 11-81-27 - Mortgages of Public Property for Payment of Debts. - Any county or municipality of this state may mortgage any...
Section 11-81-28 - Issuance, Sale, etc., of Negotiable Notes in Anticipation of Sale of Bonds. - Whenever bonds of any county or municipality shall have been...
Section 11-81-29 - Bonds and Interest Coupons Exempt From Taxation. - All bonds and interest coupons attached to the same issued...
Section 11-81-30 - Irregularities in Proceedings for Issuance, etc., Not to Affect Validity of Bonds; Properties, etc., of Bonds. - No irregularity in the proceedings to authorize the issue of...
Section 11-81-31 - Ratification of Certain Irregular Elections for Issuance of Bonds. - Every election heretofore held in any municipality or in any...
Section 11-81-32 - Issuance of Duplicates for Lost, Mutilated or Destroyed Bonds. - Whenever it shall be made to appear to the governing...
Section 11-81-33 - Execution of Bonds, etc., With Engraved or Otherwise Reproduced Facsimile of Signature, Seal or Other Means of Authentication, Etc. - Any bonds, notes or other obligations for the payment of...
Article 2 - Municipal Bonds Generally.
Section 11-81-50 - Municipality Defined. - In this article "municipality" means and includes any city or...
Section 11-81-51 - Purposes for Which Bonds May Be Issued. - All municipalities shall have full and continuing power and authority...
Section 11-81-52 - Ordering of Election for Determination as to Issuance of Bonds. - The governing body of any municipality in this state may...
Section 11-81-53 - Notice of Election. - Notice of any election held under the provisions of this...
Section 11-81-54 - Ballots. - The ballot used at such election shall be prepared under...
Section 11-81-55 - Conduct of Election Generally. - The governing body of any municipality in which an election...
Section 11-81-56 - Expenses of Election; Compensation of Managers, Clerks, and Returning Officers. - All expenses for holding such election shall be paid out...
Section 11-81-57 - Board of Canvassers. - The governing body of such municipality in which an election...
Section 11-81-58 - Recordation of Election Results. - The record of the result of the election as ascertained...
Section 11-81-59 - Election Contest - Authorized; Bond Required. - Any election held under the provisions of this article can...
Section 11-81-60 - Election Contest - Notice and Hearing. - Notice of contest shall be served on the mayor or...
Section 11-81-61 - Election Contest - Limitation of Action. - No civil action shall be commenced to test the validity...
Section 11-81-62 - Issuance of Bonds. - If at any election held under and according to the...
Section 11-81-63 - Execution and Delivery of Bonds. - Bonds of a municipality shall be signed by two or...
Section 11-81-64 - Bonds for Refunding or Funding of Bonds Outstanding - Authority for Issuance; Sale or Exchange; Rights, etc., of Holders Thereof. - The governing body of any municipality may, without any election,...
Section 11-81-65 - Bonds for Refunding or Funding of Bonds Outstanding - Security. - Where the indebtedness to be funded or refunded is secured...
Section 11-81-66 - Bonds and Coupons Receivable for Payment of Taxes and Dues. - Such bonds and coupons shall, after the maturity thereof, be...
Section 11-81-67 - Applicability of Provisions of General Election Laws; Mandatory and Directory Provisions of Article. - Where no provisions are otherwise made in this article, the...
Section 11-81-68 - Audits. - There shall be an annual audit by a certified public...
Article 3 - County Bonds Generally.
Section 11-81-80 - Purposes for Which Bonds May Be Issued. - All counties shall have full and continuing power and authority...
Section 11-81-81 - Ordering of Election for Determination as to Issuance of Bonds. - The county commission may order an election to be held...
Section 11-81-82 - Notice of Election. - Notice of such election shall be given by publication in...
Section 11-81-83 - Ballots. - The ballot used at such election shall be prepared under...
Section 11-81-84 - Conduct of Election Generally. - The probate judge, the circuit clerk, and the sheriff of...
Section 11-81-85 - Expenses of Election; Compensation of Managers, Clerks, and Returning Officers. - All expenses for holding such election shall be paid out...
Section 11-81-86 - Board of Canvassers. - The clerk of the circuit court, the probate judge and...
Section 11-81-87 - Recordation of Election Results. - The record of the result of the election held under...
Section 11-81-88 - Election Contest - Authorized; Bond Required. - A contest of the election held under this article in...
Section 11-81-89 - Election Contest - Notice and Hearing; Representation of County. - Notice of the contest shall be served on the district...
Section 11-81-90 - Election Contest - Limitation of Action. - No civil action shall be commenced to test the validity...
Section 11-81-91 - Issuance of Bonds. - If at an election held under and according to the...
Section 11-81-92 - Execution and Delivery of Bonds. - Bonds of a county shall be signed by the manually...
Section 11-81-93 - Bonds for Refunding of Bonds Outstanding or Installments on Serial Bonds Outstanding - Authority for Issuance. - (a) The county commission of any county having bonds outstanding,...
Section 11-81-94 - Bonds for Refunding of Bonds Outstanding or Installments on Serial Bonds Outstanding - Security. - All bonds issued under the authority of Section 11-81-93 shall...
Section 11-81-95 - Bonds for Refunding of Bonds Outstanding or Installments on Serial Bonds Outstanding - Special Tax Levy for Payment of Principal and Interest. - Where the levy of a special tax was or is...
Section 11-81-96 - Applicability of Provisions of General Election Laws; Mandatory and Directory Provisions of Article. - Where no provisions are otherwise made in this article, the...
Section 11-81-97 - Applicability of Provisions Pertaining to Municipal Bonds. - The provisions of Sections 11-81-5 through 11-81-20 and 11-81-22 through...
Article 4 - Public Improvement Bonds.
Division 1 - Bonds for Street and Sidewalk Improvements, Sewer Systems or Other Improvements Generally.
Section 11-81-110 - Issuance Generally; Pledge of Proceeds of Assessments, etc., as Security for Payment. - (a) For the purpose of providing funds to pay the...
Section 11-81-111 - Maturity and Payment; Sale or Delivery in Payment for Work. - Such bonds shall be subject to the provisions of Sections...
Section 11-81-112 - Disposition of Proceeds From Sale. - The proceeds from the sale of bonds authorized to be...
Section 11-81-113 - Grouping of Improvements for Issuance of Bonds. - Any municipality desiring to issue bonds under this division shall...
Section 11-81-114 - Maintenance and Disposition of Sinking Fund Account for Bond Issues; Enforcement of Maintenance of Accounts, Payment of Bonds, etc.; Disposition of Assessments Securing Bonds in Certain Cities. - (a) The official charged with the duty of collecting assessments...
Section 11-81-115 - Bond of Officer Charged With Collection of Assessments; Liability of Officer and Members of Governing Body for Diversion, Misappropriation, etc., of Funds. - (a) The official charged with the duty of collecting assessments...
Section 11-81-116 - Redemption of Bonds. - At any time when the amount of any particular fund...
Section 11-81-117 - Refunding of Excess Assessments - Authority and Procedure Generally. - In the event the amount collected from the assessment under...
Section 11-81-118 - Refunding of Excess Assessments - Limitation Period for Presentation of Claims; Disposition of Amounts Not Refunded. - If such claims are not presented within 12 months from...
Section 11-81-119 - Settlement, Adjustment or Refunding of Bonds. - The governing body of any municipality shall have the power...
Section 11-81-120 - Sale or Issuance to Custodian of Special Fund, etc., of Refunding Bonds. - Where the municipality has used any part of its waterworks...
Section 11-81-121 - Consolidation of Separate Outstanding Issues for Issuance of Refunding Bonds. - In exercising the powers conferred by Sections 11-81-119 and 11-81-120,...
Section 11-81-122 - Maintenance and Disposition of Sinking Fund Accounts for Refunding Bond Issues. - A separate sinking fund account shall be provided and kept...
Section 11-81-123 - Liability, etc., Upon Bonds, etc., When Municipalities Consolidated. - When any two or more municipalities are consolidated by special...
Division 2 - Bonds for Certain Revenue-Producing Undertakings.
Section 11-81-140 - Definitions. - When used in this division, the following words and phrases...
Section 11-81-141 - Powers of Municipalities or Counties Generally; Provisions in Instruments or Deeds of Trust Creating Pledges, Mortgages, Liens, etc., for Payment of Bonds; Determination of Costs of Acquisition, Construction, etc., of Undertakings... - (a) In addition to the powers which it may now...
Section 11-81-142 - Authorization of Acquisition, Construction, etc., of Undertaking Taking and Issuance of Bonds in Anticipation of Revenues. - The acquisition, construction, reconstruction, improvement, betterment or extension of any...
Section 11-81-143 - Covenants in Bond Authorization Resolutions; Enforcement of Provisions of Division and Bond Resolutions. - (a) Any resolution or resolutions authorizing the issuance of revenue...
Section 11-81-144 - Form, Terms, Denominations, etc., of Bonds; Maturity and Sale; Execution and Delivery; Issuance of Revenue Refunding Bonds. - (a) Revenue anticipation bonds may be issued under this division...
Section 11-81-145 - Evidence of Validity of Bonds. - Any resolution or resolutions authorizing said bonds may provide that...
Section 11-81-146 - Lien of Bonds. - All revenue anticipation bonds of the same series issued under...
Section 11-81-147 - Liability of Municipalities or Counties on Bonds. - Revenue anticipation bonds issued under this division shall not be...
Section 11-81-148 - Exercise of Municipal or County Taxing Power, etc., for Payment of Bonds. - No holder or holders of any bonds issued under this...
Section 11-81-149 - Exemption From Taxation of Undertakings, Bonds, Etc. - So long as the municipality or county shall own or...
Section 11-81-150 - Establishment, Collection, etc., of Rates, Fees, Tolls, etc., for Services, Facilities, etc., of Undertakings. - The governing body shall prescribe and collect reasonable rates, fees,...
Article 5 - Revenue Bonds for Waterworks, Gas, Sewer or Electric Systems.
Section 11-81-160 - Definitions. - When used in this article, the following words and phrases...
Section 11-81-161 - Acquisition, Extension, Repair, Consolidation, etc., of Waterworks, Sewer, Gas or Electric Systems by Counties or Municipalities Authorized. - (a) Any county or incorporated municipality in the State of...
Section 11-81-162 - Estimate of Cost of Acquisition, Extension, Repair, Consolidation, Etc. - Whenever the governing body of any borrower shall determine to...
Section 11-81-163 - Adoption, Amendment, Recordation, etc., of Ordinances or Resolutions for Issuance of Bonds, Segregation of Revenues, Etc. - For the purpose of this article, any borrower is authorized...
Section 11-81-164 - Notice of Adoption of Authorization Proceedings for Issuance of Bonds; Limitation Period for Actions to Set Aside Authorization Proceedings, Restrain Issuance of Bonds, Etc. - (a) After the adoption of authorizing proceedings providing for the...
Section 11-81-165 - Borrowing in Anticipation of Sale and Issuance of Bonds Authorized; Procedure Therefor. - (a) Any municipality or county in the state may at...
Section 11-81-166 - Revenue Bonds - Authority for Issuance; Authorization Proceedings Generally; Form, Terms, Denominations, etc.; Execution and Delivery Generally; Maturity and Sale; Payment Generally; Trust Indentures. - (a) Any borrower may issue its revenue bonds for the...
Section 11-81-167 - Revenue Bonds - Execution and Delivery. - In case any of the officers whose signature or countersignature...
Section 11-81-168 - Revenue Bonds - Negotiability. - Such bonds shall have all of the qualities and incidents...
Section 11-81-169 - Revenue Bonds - Disposition of Proceeds From Sale - Generally. - The governing body, where practicable, shall require that the proceeds...
Section 11-81-170 - Revenue Bonds - Disposition of Proceeds From Sale - Proceeds to Be Used Only for Purposes for Which Bonds Authorized; Excess Proceeds. - All moneys derived from the sale of any revenue bonds...
Section 11-81-171 - Revenue Bonds - Redemption. - The governing body of the borrower authorizing bonds under the...
Section 11-81-172 - Revenue Bonds - Exemption From Taxation. - The bonds and interest coupons issued under this article are...
Section 11-81-172.1 - Revenue Bonds - Issuance of Bonds for Refunding of Principal of General or Limited Obligation Warrants, Etc. - Any county or incorporated municipality in the State of Alabama...
Section 11-81-173 - Issuance of Additional Bonds; Payment of Same. - (a) Any borrower acquiring, improving, enlarging, extending or repairing any...
Section 11-81-174 - Refunding Bonds. - Any bonds issued under this article solely for refunding purposes...
Section 11-81-175 - Applicability of Limitations, etc., in Certain Other Provisions of Chapter as to Bonds Generally. - The bonds authorized under this article shall not be subject...
Section 11-81-176 - Elections and Publication of Ordinances, Resolutions, etc., Not Required for Issuance and Sale of Bonds. - This article shall be construed as authorizing the issuance and...
Section 11-81-177 - Investment in Bonds by Executors, Trustees, Savings Banks, Etc. - Bonds issued under the provisions of this article are legal...
Section 11-81-178 - Statutory Mortgage Lien of Bondholders - Creation Generally; Filing, Recordation, etc., of Notice Thereof. - (a) In the authorizing proceedings or in the trust indenture,...
Section 11-81-179 - Statutory Mortgage Lien of Bondholders - Duration; Enforcement. - (a) Any system or systems that shall be made subject...
Section 11-81-180 - Appointment of Receiver Upon Default in Payment of Principal and Interest on Bonds; Powers of Receiver. - If there shall be any default in the payment of...
Section 11-81-181 - Pledge of Revenues From Systems for Payment of Principal and Interest on Bonds; Disposition of Gross Revenues From Operation of System Generally. - (a) In the authorizing proceedings the borrower shall pledge for...
Section 11-81-182 - Payment of Expenses of Operation or Maintenance of System Out of General Funds. - Nothing in this article shall be construed to prohibit the...
Section 11-81-183 - Designation of Depository; Disposition and Disbursement of Gross Revenue Account and Special Funds by Depository. - The governing body of the borrower shall designate as depository...
Section 11-81-184 - Establishment, etc., of Rates for Services Furnished by System. - Rates for services furnished by any such system or combined...
Section 11-81-185 - Rates Not Subject to State Supervision or Regulation; Supervision, etc., of Operation, etc., of Sewer Systems by State Board of Health. - Rates charged for services furnished by any system or combined...
Section 11-81-186 - Payment by Counties, Municipalities, etc., for Services Furnished by System. - The governing body may provide in the ordinance authorizing the...
Section 11-81-187 - Determination as to Operation of System Upon Calendar, Operating or Fiscal Year Basis, Etc. - The ordinance authorizing the issuance of such bonds shall definitely...
Section 11-81-188 - Maintenance of Books of Record and Accounts, Balance Sheets, etc., as to Properties, Financial Condition, etc., of System; Inspection and Examination of Same. - (a) Any borrower issuing revenue bonds under the provisions of...
Section 11-81-189 - Impairment, etc., of Valid Liens or Contracts Not Authorized by Article. - Nothing in this article shall be construed as authorizing any...
Section 11-81-190 - Construction of Article. - This article, being necessary for and to secure the public...
Article 6 - Alternate Borrowing for Electric Systems.
Section 11-81-200 - Acquisition, Extension, Operation, etc., of Power Plants, Power Lines, Electric Systems, etc., by Counties or Municipalities Authorized; Acquisition of Rights-of-Way. - (a) Any county or municipal corporation within this state is...
Section 11-81-201 - Election as to Proposed Undertaking. - Whenever any county or municipal corporation through its governing body...
Section 11-81-202 - Borrowing of Money for Acquisition, Extension, etc., of Plants, etc., by Counties or Municipalities Authorized; Limitations. - For the purpose of defraying the cost of acquiring such...
Section 11-81-203 - Pledges, etc., of Plants, etc., as Security for Repayment of Money Borrowed With Interest. - Any such county or municipal corporation which borrows money under...
Section 11-81-204 - Contracts for Security of Lender; Limitation as to Charges for Electric Energy and Service by Counties or Municipalities. - (a) In addition and for the further security of the...
Section 11-81-205 - Form, Terms, etc., of Instrument Evidencing Loan. - Any such county or municipal corporation which borrows money under...
Section 11-81-206 - Construction of Article. - Neither this article nor anything contained in this article shall...
Article 7 - Validation of Bonds Prior to Issuance.
Section 11-81-220 - Definitions. - As used in this article, the following words and phrases...
Section 11-81-221 - Filing of Complaint for Determination as to Legality of Proposed Issuance of Obligations. - When any unit desiring to issue any obligations shall, by...
Section 11-81-222 - Contents of Complaint; Order and Notice of Hearing to Show Cause Why Obligations Not Valid. - (a) The complaint by appropriate allegations, references or exhibits shall...
Section 11-81-223 - Hearing and Entry of Judgment; Appeals From Judgment of Circuit Court. - At the time and place designated in said order, the...
Section 11-81-224 - When Judgment of Circuit Court Final and Conclusive as to Validity of Obligations, Etc. - If the circuit court shall enter a judgment validating and...
Section 11-81-225 - Legend to Appear on Validated Obligations. - Obligations validated under the provisions of this article shall have...
Section 11-81-226 - Costs of Proceedings. - The costs in any proceeding under this article shall be...
Section 11-81-227 - Article Not Applicable Where Validity of Obligations in Controversy in Pending Actions or Proceedings. - No action shall be taken under this article for the...
Article 8 - Property Insurance and Energy Reduction Act of Alabama.
Section 11-81-240 - Short Title. - This article shall be known and may be cited as...
Section 11-81-241 - Definitions. - For the purposes of this article, the following words shall...
Section 11-81-242 - Designation of Regions for Qualified Projects; Issuance of Bonds, Notes, Etc. - (a)(1) The governing body of a local government may designate...
Section 11-81-243 - Establishment and Amendment of Programs. - (a) To establish a program under this article, the governing...
Section 11-81-244 - Application for Funding; Administration of Program; Powers and Duties of Local Governments; Installation of Improvements; Assessments. - (a) A real property owner in a designated region may...
Section 11-81-245 - Consent Requirements; Disclosure Statement. - (a)(1) Before entering into a written contract with a local...
Section 11-81-246 - Assessment Lien; Enforcement. - (a) An assessment under this article and any interest or...
Section 11-81-247 - Loss Reserve Fund. - A local government, combination of local governments, the State or...
Section 11-81-248 - Regulatory Jurisidiction. - The Governor may appoint an existing state agency to exercise...
Section 11-81-249 - Imposition of Assessment. - The imposition of an assessment pursuant to this article is...
Section 11-81-250 - Construction of Article. - Nothing in this article, nor any program adopted in accordance...
Article 9
Section 11-81-260 - Definitions. - When used in this article, the following terms shall have...
Section 11-81-261 - Legislative Findings of Fact and Declaration of Intent; Construction of Article. - Legislative findings of fact and declaration of intent; construction of...
Section 11-81-262 - Authorization and Procedure for Incorporation Generally. - Any number of natural persons, not less than three, residing...
Section 11-81-263 - Filing of Application for Incorporation With Probate Judge; Contents Thereof; Recordation of Application by Probate Judge; Approval or Disapproval by Governing Body of County of Incorporation and Each Participating Municipality. - (a) The written application of the incorporators shall be filed...
Section 11-81-264 - Contents, Signing, and Filing of Articles. - (a) The articles of an authority shall state all of...
Section 11-81-265 - Authorization and Procedure for Reincorporation of Existing Road Improvement Commissions; Continuation in Office of Directors; Effect of Reincorporation. - (a) In any county containing a Class 4 municipality incorporated...
Section 11-81-266 - Further Authorization and Procedure for Reincorporation of Existing Road Improvement Commissions. - A road improvement commission created or attempted to be created...
Section 11-81-267 - Recordation of Articles by Judge of Probate; Judge of Probate to Receive No Fees in Connection With Incorporation, Reincorporation, Dissolution, etc., of Authority. - (a) The articles shall be filed with the probate judge....
Section 11-81-268 - Powers of Authority Vested in Board of Directors; Officers and Directors; Recordkeeping; Admissibility of Evidence; Adoption of Bylaws; Meetings; Qualifications. - (a) All powers of an authority shall be vested in...
Section 11-81-269 - Members of the Board of Directors; Terms; Meetings; Removal From Office. - (a) Except as provided in Section 11-81-265, the board of...
Section 11-81-270 - Amendment of Articles. - (a) The articles of an authority may be amended in...
Section 11-81-271 - Powers of Authority Generally. - An authority shall have the following powers: (1) To have...
Section 11-81-272 - Issuance and Sale of Bonds. - An authority may sell at public or private sale and...
Section 11-81-273 - Execution of Bonds and Interest Coupons; Form, Terms, Denominations, etc., of Bonds; Validation of Bonds; Sale; Refunding Bonds. - (a) Bonds of an authority shall be signed by the...
Section 11-81-274 - Security for Bonds. - (a) In the discretion of the board of directors of...
Section 11-81-275 - Disposition of Funds; Negotiability of Bonds; Exemption From Taxation; Security; Investment in Bonds. - (a) The proceeds from the sale of any bonds shall...
Section 11-81-276 - Exemption From Usury and Interest Laws. - An authority shall be exempt from all laws of the...
Section 11-81-277 - Exemptions From Taxation. - All properties of an authority, whether real, personal, or mixed,...
Section 11-81-278 - Transfer of Funds and Assets to Authority. - Any public person may transfer and convey to an authority,...
Section 11-81-279 - Dissolution of Authority; Title to Property of Authority to Vest in County of Incorporation Upon Dissolution of Authority Unless Otherwise Provided. - (a) At any time when no bonds of an authority...
Chapter 81A - Issuance of Securities in Anticipation of Receipt of Grants.
Section 11-81A-1 - Definitions. - As used in this chapter, the following words and terms...
Section 11-81A-2 - Power and Authority of Grantees. - Each grantee shall have the power, and, when approved by...
Section 11-81A-3 - Power and Authority of Municipalities, Counties, and Public Corporations. - Each municipality or county and each public corporation shall have...
Section 11-81A-4 - Limitations and Amplification of Securities Authorization. - Securities issued under the authority of this chapter shall mature...
Section 11-81A-5 - Exemption of Securities From Taxation. - All securities issued by authority of this chapter and the...
Section 11-81A-6 - Legal Investment Status of Securities. - Securities issued under the authority of this chapter shall be...
Section 11-81A-7 - Effect of Chapter. - This chapter is intended to grant additional authority to grantees,...
Chapter 82 - Redemption of Securities.
Section 11-82-1 - Definitions. - As used in this chapter, the following words and phrases...
Section 11-82-2 - Retention of Option to Redeem - Generally. - Any county or municipality in this state which may hereafter...
Section 11-82-3 - Retention of Option to Redeem - Securities Maturing More Than 10 Years After Date. - Any county or municipality in this state which may hereafter...
Section 11-82-4 - Limitation on Redemption Prices. - The price or prices at which any redemption whatsoever shall...
Section 11-82-5 - Option to Redeem to Be Provided in Proceedings for Issuance of Securities. - Nothing contained in this chapter shall be construed to confer...
Section 11-82-6 - Applicability of Provisions of Chapter. - The provisions of Sections 11-82-3 and 11-82-4 shall not apply,...
Section 11-82-7 - Validation of Certain Proceedings. - All proceedings heretofore taken or adopted pursuant to which securities...
Chapter 83 - Apportionment of Road and Bridge Taxes Between Counties and Municipalities.
Section 11-83-1 - Maintenance of Municipal Streets Declared County Matter. - The maintenance of streets of municipalities in the State of...
Section 11-83-2 - One Half of Road Tax, etc., Collected in County to Be Paid to Municipalities Therein. - The county commission, where there is levied a road tax,...
Section 11-83-3 - Taxes Paid Over to Municipalities to Be Used Exclusively for Maintenance of Streets. - Such sums when paid over to the municipalities shall be...
Chapter 84 - Acquisition and Administration of Forest Lands.
Section 11-84-1 - Authorized. - Each of the several counties, cities, and towns in the...
Section 11-84-2 - Provision of Seedlings, Transplants, Technical Assistance, Etc. - The State Forestry Commission is hereby authorized and it shall...
Chapter 85 - Regional Planning and Development.
Article 1 - Regional Planning Commissions Generally.
Section 11-85-1 - Establishment of Region and Creation of Regional Planning Commission. - The planning commission of any municipality or the county commission...
Section 11-85-2 - Composition; Qualifications, Appointment, Terms of Office, Compensation, and Removal of Members; Vacancies. - The regional planning commission shall consist of nine persons. Members...
Section 11-85-3 - Organization, Staff, Procedure, etc.; Appropriation and Expenditure of Funds. - (a) Except as otherwise provided in this article, the provisions...
Section 11-85-4 - Adoption, etc., of Master Plan for Physical Development of Region by Commission; Contents and Purpose of Plan. - Any regional planning commission is hereby authorized and empowered to...
Section 11-85-5 - Certification of Plan to Governor and to Municipalities, Counties, etc., Within Region. - The regional planning commission, after adopting the regional plan, shall...
Section 11-85-6 - Adoption of Plan by Municipal Planning Commission; Certification of Proposed Amendments to Adopted Plan to Regional Planning Commission for Approval, Etc. - (a) Such plan may be adopted by the municipal planning...
Section 11-85-7 - Proposed Construction of Streets, Public Buildings, Utilities, etc., to Be Submitted for Approval of Commission After Adoption of Master Plan; Overruling of Commission. - After the adoption of the regional plan by the regional...
Article 2 - Regional Planning Commissions for Comprehensive Advisory Planning and Research.
Section 11-85-20 - Definitions. - When used in this article, the following words and phrases...
Section 11-85-21 - Establishment of Region for Advisory Planning and Creation of Regional Planning Commission. - The governing bodies of any two or more governmental units...
Section 11-85-22 - Composition; Qualifications, Appointments, Terms of Office, and Compensation of Members; Vacancies. - (a) The membership of any regional planning commission created and...
Section 11-85-23 - Powers and Duties. - Any regional planning commission established and created under this article...
Section 11-85-24 - Article Not to Impair Right of Eminent Domain or Rights Under Franchises, Leases, etc., of Utilities. - Nothing contained in this article shall be construed to impair...
Article 3 - Comprehensive Advisory Planning and Research by Municipal, County, Regional, etc., Planning Commissions, Etc.
Section 11-85-40 - Powers of Alabama Development Office and Local, Regional, and Joint Planning Commissions as to Comprehensive Advisory Planning and Research; Comprehensive Advisory Planning Defined. - (a) To facilitate the solution of urban and regional planning...
Article 4 - Regional Planning and Development Commissions.
Section 11-85-50 - Definitions. - When used in this article, the following words and phrases...
Section 11-85-51 - Designation of State Planning and Development Districts by Governor Generally; Designation of Single County State Planning and Development Districts. - (a) The Governor may, from time to time as he...
Section 11-85-52 - Formation of Regional Planning and Development Commissions. - (a) Generally. At any time subsequent to the designation of...
Section 11-85-53 - Composition; Selection, Terms and Replacement of Representatives; Financing; Procedure for Addition or Withdrawal of Governmental Units, Dissolution, Etc. - (a) All governmental units within the boundaries of a region...
Section 11-85-54 - Officers; Appointment of Advisory Committees. - The commission shall elect a chairman and may elect an...
Section 11-85-55 - Receipt of State Financial Support. - Regional planning commissions certified pursuant to this article may receive...
Section 11-85-56 - Powers and Duties Generally. - A regional planning and development commission established pursuant to this...
Section 11-85-57 - Joint Planning Agreements, etc., With Adjoining Counties, Municipalities, etc., Authorized; Changes of Boundaries of Regional Planning and Development Districts to Include Adjacent Counties. - (a) Commissions formed pursuant to this article shall have the...
Section 11-85-58 - Use of Planning and Development Districts and Regional Planning and Development Districts for Other Purposes and Programs. - State planning and development districts designated under this article and...
Section 11-85-59 - Effect of Population Changes Upon Establishment and Operation of State Planning and Development Districts or Regional Planning and Development Commissions. - The establishment and operation of any state planning and development...
Article 5 - Confirmation of Operating Regional Planning and Development Commissions.
Section 11-85-70 - Existing Regional Planning and Development Commissions Ratified and Confirmed. - Those 12 bodies, organizations, or persons respectively acting and operating...
Section 11-85-71 - Procedure for Additional Governmental Units to Become Members of Regional Planning and Development Commissions. - The respective regional planning and development commissions ratified and confirmed...
Section 11-85-72 - General Powers, Rights, Obligations, etc., of Regional Planning and Development Commissions. - The regional planning and development commissions ratified and confirmed by...
Section 11-85-73 - Commissions Authorized to Enter Into Contracts With Other Agencies. - Regional planning commissions, business corporations, nonprofit corporations, and local entities...
Article 6 - Alabama Revolving Loan Fund Authority.
Section 11-85-100 - Definitions. - As used in this article, the following words and phrases...
Section 11-85-101 - Incorporation of Authority. - The Governor, or his or her designee, the Finance Director,...
Section 11-85-102 - Application for Incorporation. - (a) To become the public corporation authorized by this article,...
Section 11-85-103 - Certificate of Incorporation; Fees. - (a) When the application has been made, filed, and recorded...
Section 11-85-104 - Members; Officers; Quorum; Vacancies; Salaries; Record of Proceedings. - (a) The applicants named in the application and their respective...
Section 11-85-105 - Powers of the Authority. - The authority shall have the following powers: (1) To have...
Section 11-85-106 - Bonds - Issuance and Sale. - The authority is authorized to sell and issue its bonds...
Section 11-85-107 - Bonds - Authentication; Redemption; Sale; Refunding; Use of Proceeds; Security; Investment of Funds. - The bonds of the authority shall be signed by its...
Section 11-85-108 - Appropriation and Pledge of Funds for Authority Obligations. - For the purpose of providing funds to enable the authority...
Section 11-85-109 - Administrative and Recordkeeping Functions of Authority. - (a) The Alabama Department of Economic and Community Affairs (ADECA)...
Section 11-85-110 - Duties of State Treasurer. - Out of the revenues appropriated and pledged in Section 11-85-108,...
Section 11-85-111 - Dissolution of Authority. - At any time when no authority bonds or refunding bonds...
Chapter 86 - Recreation Boards.
Section 11-86-1 - Creation. - The county commission of any county or the governing body...
Section 11-86-2 - Composition; Qualifications, Appointment, Terms of Office, and Compensation of Members; Officers; Adoption of Rules and Regulations. - Each recreation board shall consist of not less than five...
Section 11-86-3 - Powers and Duties Generally. - The recreation board shall be responsible for the direction, supervision...
Section 11-86-4 - Director of Recreation and Staff. - The recreation board may employ a county or municipal director...
Section 11-86-5 - Appropriations; Designation, Acquisition, Improvement, etc., of Lands or Buildings for Recreational Purposes; Joint Actions by Counties and Municipalities. - The county commission of a county or governing body of...
Section 11-86-6 - Construction of Chapter. - This chapter shall be construed liberally.
Chapter 86A - Public Park and Recreation Authorities.
Section 11-86A-1 - Definitions. - When used in this chapter, the following terms shall have...
Section 11-86A-2 - Legislative Findings of Fact and Declaration of Intent; Construction of Chapter. - (a) The Legislature hereby makes the following findings of fact...
Section 11-86A-3 - Authorization and Procedure for Incorporation Generally. - Any number of natural persons, not less than three, residing...
Section 11-86A-4 - Filing of Application for Incorporation With Probate Judge; Contents Thereof; Recordation of Application by Probate Judge; Approval or Disapproval by Governing Body of County of Incorporation and Each Participating Municipality. - (a) The written application of the incorporators shall be filed...
Section 11-86A-5 - Contents, Signing, and Filing of Articles. - (a) The articles of an authority shall state all of...
Section 11-86A-6 - Authorization and Procedure for Reincorporation of Existing Park and Recreation Authorities and Boards; Continuation in Office of Directors; Effect of Reincorporation. - (a) In all cases where there has been an attempt...
Section 11-86A-7 - Further Authorization and Procedure for Reincorporation of Existing Park and Recreation Authorities and Boards. - A park and recreation authority or park and recreation board...
Section 11-86A-8 - Recordation of Articles by Probate Judge; Probate Judge to Receive No Fees in Connection With Incorporation, Reincorporation, Dissolution, etc., of Authority. - (a) The articles shall be filed with the probate judge....
Section 11-86A-9 - Powers of Authority Vested in Board of Directors; Officers and Directors of Authority; Proceedings of Board of Directors to Be Reduced to Writing and Signed by Two Directors; Admissibility of Evidence of Proceedings of Board of Dir... - (a) All powers of an authority shall be vested in...
Section 11-86A-10 - Members of the Board of Directors; Terms; Meetings; Removal From Office. - (a) Except as provided in Section 11-86A-6, the board of...
Section 11-86A-11 - Amendment of Articles. - (a) The articles of an authority may be amended in...
Section 11-86A-12 - Powers of Authority Generally. - An authority shall have the following powers: (1) To have...
Section 11-86A-13 - Issuance and Sale of Bonds. - An authority may sell at public or private sale and...
Section 11-86A-14 - Execution of Bonds and Interest Coupons; Form, Terms, Denominations, etc., of Bonds; Validation of Bonds; Sale; Refunding Bonds. - (a) Bonds of an authority shall be signed by the...
Section 11-86A-15 - Security for Bonds. - (a) In the discretion of the board of directors of...
Section 11-86A-16 - Application of Proceeds From the Sale of Bonds; Source of Payment; Pledge of County's or Municipality's Credit; Negotiability; Exemption From Taxation; Pledge as Security for Funds Belonging to a Public Person; Investment in Bonds... - (a) The proceeds from the sale of any bonds shall...
Section 11-86A-17 - Exemption From Usury and Interest Laws. - An authority shall be exempt from all laws of the...
Section 11-86A-18 - Exemptions From Taxation. - All properties of an authority, whether real, personal, or mixed,...
Section 11-86A-19 - Limited Liability. - The recovery of damages under any judgment against an authority...
Section 11-86A-20 - Transfer of Funds and Assets to Authority. - Any public person may transfer and convey to an authority,...
Section 11-86A-21 - Dissolution of Authority; Title to Property of Authority to Vest in County of Incorporation Upon Dissolution of Authority Unless Otherwise Provided. - (a) At any time when no bonds of an authority...
Chapter 87 - Ambulance Service.
Section 11-87-1 - Creation, Establishment, etc., Authorized; Promulgation of Rules and Regulations; Joint Operation. - The governing body of any county or the governing body...
Section 11-87-2 - Appropriations. - The governing body of any county or the governing body...
Section 11-87-3 - Contracts for Services. - The governing body of any county or the governing body...
Section 11-87-4 - Fees. - The governing body of any county and the governing body...
Section 11-87-5 - Chapter Cumulative. - The provisions of this chapter are cumulative and in addition...
Chapter 88 - Water, Sewer and Fire Protection Authorities.
Section 11-88-1 - Definitions. - When used in this article, the following words and phrases...
Section 11-88-2 - Purpose of Article. - This article is intended to aid the state in the...
Section 11-88-3 - Filing of Application for Incorporation of Authority; Adoption of Resolution Approving or Denying Application by County Governing Body. - (a) In order to incorporate an authority under this chapter,...
Section 11-88-4 - Filing of Certificate of Incorporation, Copy of Resolution of County Governing Body, etc., With Probate Judge; Contents and Execution of Certificate of Incorporation; Entry of Order by Probate Judge Requiring Recordation of Certific... - (a) Within 40 days following the adoption of a resolution...
Section 11-88-5 - Authorization and Procedure for Amendment of Certificate of Incorporation. - (a) The certificate of incorporation of any authority incorporated under...
Section 11-88-5.1 - Ratification of Amendment. - Any action heretofore taken and approved by a majority vote...
Section 11-88-6 - Board of Directors. - (a) Each authority shall be governed by a board of...
Section 11-88-7 - Powers of Authority Generally; Power of Authority to Acquire, Operate, etc., Systems, etc., Outside Service Area; Provisions in Schedules of Rates and Charges Generally; Powers of Authority Organized to Construct and Operate Sewer S... - (a) The authority shall have the following powers, together with...
Section 11-88-7.1 - Additional Powers. - (a) Any authority organized or operating pursuant to Chapter 88...
Section 11-88-8 - Bonds of Authority - Form, Terms, Denominations, etc.; Sale; Execution and Delivery; Refunding; Liability Thereon; Security for Payment of Principal and Interest and Payment Thereof Generally; Provisions in Mortgages, Deeds of Trust... - All bonds issued by the authority shall be signed by...
Section 11-88-9 - Bonds of Authority - Contracts to Secure Payment of Principal and Interest. - As security for payment of the principal of and interest...
Section 11-88-10 - Bonds of Authority - Statutory Mortgage Lien to Secure Payment of Principal and Interest. - Any resolution of the board or trust indenture under which...
Section 11-88-11 - Bonds of Authority - Disposition of Proceeds From Sale of Bonds. - All moneys derived from the sale of any bonds issued...
Section 11-88-12 - Establishment and Revision of Rates, Fees, and Charges for Services Rendered by Authority; Applicability of Provisions of Section to Authority Organized to Construct and Operate Sewer System. - (a) Rates, fees, and charges for water service, sewer service,...
Section 11-88-13 - Loans, Sales, Grants, etc., of Money, Property, etc., to Authority by Counties, Municipalities, Public Corporations, Etc. - For the purpose of securing water service, sewer service, or...
Section 11-88-14 - Use by Authority of Public Roads Rights-of-Way. - Each authority is authorized to use the rights-of-way of all...
Section 11-88-15 - Furnishing of Fire Protection Service by Authority Declared Governmental Function; Immunity From Tort Liability of Authority. - The furnishing of fire protection service by an authority is...
Section 11-88-15.1 - Soliciting Contributions for Local Volunteer Fire Departments; Monthly Usage Estimates. - (a) County water systems incorporated pursuant to this chapter or...
Section 11-88-16 - Exemption From Taxation of Authority and Property, Leases, Bonds, etc., Thereof; Payment of Fees, Taxes, or Costs to Probate Judge for Incorporation, etc.; Imposition of License or Excise Tax Upon Authority. - The authority, the property and income of the authority, all...
Section 11-88-17 - Exemption of Authority From Usury Laws, Etc. - Each authority now or hereafter organized under the provisions of...
Section 11-88-18 - Authorization and Procedure for Dissolution of Authority; Vesting of Title to Properties of Authority and Apportionment Thereof Upon Dissolution of Authority. - At any time when no bonds theretofore issued by the...
Section 11-88-19 - Existence of Authority Not to Prevent Subsequent Incorporation, etc., of Another Authority. - The existence of one or more authorities incorporated under the...
Section 11-88-20 - Validation of Prior Defective Incorporations Under Provisions of Article. - In all cases where there has heretofore been an attempt...
Section 11-88-21 - When Proceedings, Notice, etc., for Incorporation of Authority, Acquisition of Property, Issuance of Bonds, etc., Required; Exemption of Authority, etc., From Jurisdiction and Regulation of Public Service Commission, Etc. - Except as expressly otherwise provided in this article or Article...
Article 2 - Construction of Sewage Treatment or Disposal Plants, etc., in Resort Areas by Authorities.
Section 11-88-40 - Definitions. - When used in this article, the following words and phrases...
Section 11-88-41 - Legislative Findings and Declarations; Powers Granted Authorities by Article to Be Exercised Only in Resort Areas and With the Consent of County Governing Bodies. - (a) The Legislature hereby finds, determines, and declares that it...
Section 11-88-42 - Powers of Authorities Generally. - Any authority authorized pursuant to this article may design or...
Section 11-88-43 - Adoption of Resolution by Board Describing Improvement, Property Benefited, etc., and Directing Drawing, etc., of Details, Drawings, Plans, Etc. - When the board shall determine to make an improvement, the...
Section 11-88-44 - Filing of Details, Drawings, Plans, etc., for Examination by Property Owners; Appointment of Date for Hearing of Objections as to Improvement, Etc. - Such details, drawings, plans, specifications, surveys, and estimates shall, when...
Section 11-88-45 - Publication of Resolution and Mailing of Copies Thereof to Persons Last Assessed for Taxation on Property Which May Be Assessed for Improvement. - The said resolution must be published once a week for...
Section 11-88-46 - Hearing Upon Objections to Improvement, etc.; Confirmation, Amendment, Rescission, etc., of Resolution by Board; When Unanimous Vote of Board Required to Approve Resolution. - At the said meeting or at a place and time...
Section 11-88-47 - Publication of Notice for Bids; Letting of Contract; Requirement of Bonds, etc., From Bidders, etc.; Construction of Improvement, Furnishing of Labor, etc., by Authority. - (a) If the board shall finally order the making of...
Section 11-88-48 - Supervision of Work. - All work done or improvements made under the provisions of...
Section 11-88-49 - Acceptance or Rejection of Work. - In case of any controversy of dispute, the board shall...
Section 11-88-50 - Payment of Cost of Improvement by Board; Specification of Cost of Improvement. - (a) The board may pay out of the general funds...
Section 11-88-51 - Levy of Assessments for Cost of Improvement on Abutting or Benefited Property Authorized. - If any such improvement be finally ordered and constructed, the...
Section 11-88-52 - Manner of Assessment Generally; Limitation as to Amount of Assessment. - The cost of any part of such improvement may be...
Section 11-88-53 - Preparation of List of Property Owners Proposed to Be Assessed for Improvement. - When any improvement is completed, the chairman or other chief...
Section 11-88-54 - Entry of List in Assessment Book of Improvements; Contents and Status Thereof. - Such list shall be entered in a well bound book...
Section 11-88-55 - Publication of Notice as to Assessment Book. - After the completion of the proper entries of each improvement,...
Section 11-88-56 - Filing of Written Objections or Defenses to Proposed Assessments; Effect of Failure to File Same. - The owner or owners of any real estate or any...
Section 11-88-57 - Hearing of Objections and Defenses to Proposed Assessments by Board Generally. - At a time and place mentioned in the said published...
Section 11-88-58 - Subpoena, etc., of Witnesses by Board. - The board, by the secretary or its executive officer, may...
Section 11-88-59 - Board to Hear and Pass Upon Objections to Proposed Assessments. - The board shall hear and pass upon all such objections...
Section 11-88-60 - Fixing of Amount of Assessment by Board; Assessment to Constitute Lien on Property Against Which Levied; Reduction or Abatement of Final Assessment by Board Generally. - At such meeting or any adjournment thereof, the board shall...
Section 11-88-61 - Effect of Defects in Notice or Proceedings; Supplementary Proceedings for Correction of Defects. - If there be any defect in the said notice or...
Section 11-88-62 - Reduction or Abatement of Assessments by Board. - The board shall have the power to reduce or abate...
Section 11-88-63 - Transfer and Assignment of Liens by Authorities. - An authority may transfer and assign such liens to the...
Section 11-88-64 - Enforcement of Liens by Circuit Courts; Amounts Recovered in Civil Actions to Enforce Liens. - In addition to the method provided in this article for...
Section 11-88-65 - Enforcement of Lien on Property for State, County, etc., Taxes Not to Discharge or Affect Lien of Authority for Assessment; Duration of Liens. - The enforcement by the state, county, city, or town of...
Section 11-88-66 - Effect of Enforcement of Assessment Lien Upon Other Improvement Assessment Liens on Property. - The enforcement by an authority of its lien for an...
Section 11-88-67 - Appeal From Assessments to Circuit Court - Authorization and Procedure Generally. - Any person aggrieved by the decision in making any assessment...
Section 11-88-68 - Appeal From Assessments to Circuit Court - Establishment of Amount of Appeal Bond and Approval of Sureties Thereon; Conditions of Bond. - The amount of such bond shall be fixed and the...
Section 11-88-69 - Appeal From Assessments to Circuit Court - Entry of Appeal on Trial Docket. - The appeal shall be entered on the trial docket in...
Section 11-88-70 - Appeal From Assessments to Circuit Court - Transmittal to Circuit Court of Transcript of Proceedings of Authority as to Assessment; Contents Thereof. - Upon the filing and the approval of the appeal bond,...
Section 11-88-71 - Appeal From Assessments to Circuit Court - Transcript Deemed Prima Facie Evidence of Correctness of Assessment, Etc. - Upon the hearing of such appeal, the introduction of such...
Section 11-88-72 - Appeal From Assessments to Circuit Court - Conduct of Trial Generally; When Costs of Appeal and Trial Adjudged Against Authority. - The said appeal may be tried on the record without...
Section 11-88-73 - Appeal From Assessments to Circuit Court - Entry of Judgment for Amount Properly Chargeable Against Land Where Assessment Defective; Payment of Costs. - If, on the hearing of such appeal, it shall appear...
Section 11-88-74 - Appeal From Judgment of Circuit Court to Supreme Court - by Property Owner - Authorization and Procedure Generally. - An appeal may be taken to the Supreme Court of...
Section 11-88-75 - Appeal From Judgment of Circuit Court to Supreme Court - by Property Owner - Appeal to Be Heard on Record. - Such appeal shall be heard upon the record, which shall...
Section 11-88-76 - Appeal From Judgment of Circuit Court to Supreme Court - by Property Owner - Addition by Supreme Court of Interest and Damages to Judgment of Circuit Court Upon Affirmance. - In the event a supersedeas bond has been given and...
Section 11-88-77 - Appeal From Judgment of Circuit Court to Supreme Court - by Authority. - The authority may also appeal from any judgment of the...
Section 11-88-78 - Issuance of Execution on Appeal Bond and Sale of Property Assessed When Final Judgment Entered in Favor of Authority. - In the event the final judgment is entered in favor...
Section 11-88-79 - Manner of Payment of Assessments Generally. - The authority, in ordering any improvement the cost of which...
Section 11-88-80 - Entire Assessment Due and Payable Upon Default in Payment of Assessment or Installments Thereof; Advertisement and Sale of Property Assessed for Improvement Generally. - If the property owner who has not elected to pay...
Section 11-88-81 - Defaulting Property Owner May Pay Assessment, etc., Prior to Sale. - Any property owner, notwithstanding his default, may pay the assessment...
Section 11-88-82 - Cost of Advertisement and Sale to Constitute Charge Against Property to Be Sold. - The cost of such advertisement and sale shall constitute a...
Section 11-88-83 - Officer Making Sale to Execute Deed to Purchaser; Rights, Title, etc., Conveyed to Purchaser by Deed; Disposition of Surplus Proceeds From Sale; Purchase of Property by Board. - The officer making such sale shall execute a deed to...
Section 11-88-84 - Effect of Mistakes in Advertisement or Sale; Supplementary Proceedings for Correction of Errors; Enforcement of Lien by Purchaser. - No mistake in the publication provided for in Section 11-88-80...
Section 11-88-85 - Redemption of Property After Sale - Authorization and Procedure Generally. - Any real property sold for the satisfaction of an assessment...
Section 11-88-86 - Redemption of Property After Sale - Extension of Redemption Period. - The fixed two-year period of redemption allowed by Section 11-88-85...
Section 11-88-87 - Redemption of Property After Sale - Application for Entry in Record of Deeds of Certificate of Warning to Redeem; Form of Certificate. - At any time after an improvement assessment sale deed has...
Section 11-88-88 - Redemption of Property After Sale - Applicant to Deliver Copies of Improvement Assessment Sale Deed to Probate Judge; Examination, etc., of Deeds, etc., by Probate Judge; Mailing of Copies of Deed and Warning to Redeem to Persons L... - At the time of application for entry of such certificate...
Section 11-88-89 - Redemption of Property After Sale - Performance of Duties of Probate Judge; Liability of Probate Judge for Errors or Mistakes in Performance of Duties. - The duties imposed in this article upon the probate judge...
Section 11-88-90 - Redemption of Property After Sale - Redemption During Extended Redemption Period. - Redemption may be effected after expiration of the fixed two-year...
Section 11-88-91 - Execution of Short Term Notes or Issuance of Bonds by Authority Prior to Letting of Contract or During Progress of Work on Improvement Generally. - For the purpose of providing funds to pay the cost...
Section 11-88-92 - Issuance of Bonds by Authority After Completion of Work on Improvement. - If bonds have not been issued during the progress of...
Section 11-88-93 - Consolidation of Improvements for Issuance of Bonds. - Any authority desiring to issue bonds under this article shall...
Section 11-88-94 - Form, Terms, Denominations, etc., of Notes Issued Under Article; Sale, Exchange, etc., Generally; Sale Price; Applicability of Certain Other Provisions of Law. - Any notes or bonds issued under this article may be...
Section 11-88-95 - Notice of and Sale or Exchange of Bonds. - All bonds issued under this article, except bonds issued to...
Section 11-88-96 - Determination of Highest Bidder for Bonds. - In determining the highest bidder for bonds offered for public...
Section 11-88-97 - Disposition of Proceeds From Sale of Bonds. - The principal proceeds received in the sale of any bonds...
Section 11-88-98 - Bonds Containing Recital as to Issuance Under Article Deemed to Have Been Issued, Sold, etc., in Conformity With Same; Limitation Period for Actions or Proceedings as to Issuance of Bonds. - Any bonds reciting that they are issued pursuant to this...
Section 11-88-99 - Irregularities in Proceedings Authorizing Issuance of Bonds or Neglect, etc., of Duties by Officers Not to Affect Validity of Bonds; Bonds to Have Properties and Protection of Commercial Paper. - No irregularity in the proceedings to authorize the issue of...
Section 11-88-100 - Exemption From Taxation of Bonds, Notes, Etc. - All notes, interest thereon, bonds and interest coupons attached to...
Section 11-88-101 - Replacement of Lost, Mutilated, or Destroyed Bonds. - Whenever it shall be made to appear to the board...
Section 11-88-102 - Authorization and Procedure Generally for Settlement, Adjustment, or Refunding of Bonds. - The board shall have the power to settle, adjust, and...
Section 11-88-103 - Procedure Where Special Fund Used by Authority in Taking Up Bonds or Coupons Representing Principal at Maturity. - Where the authority has used any part of any other...
Section 11-88-104 - Consolidation of Outstanding Bond Issues for Refunding; Disposition of Assessments Collected for Improvements Financed by Said Outstanding Issues Generally. - In exercising the powers conferred by Sections 11-88-102 and 11-88-103,...
Section 11-88-105 - Separate Sinking Fund Accounts to Be Maintained for Refunding Bond Issues; Disposition of Same. - A separate sinking fund account shall be provided and kept...
Section 11-88-106 - Maintenance of Sinking Fund Accounts by Official Charged With Duty of Collecting Assessments; Institution of Mandamus Proceedings Against Officer Failing to Maintain Separate Sinking Fund Accounts, Pay Bonds or Interest Thereon, E... - The official charged with the duty of collecting assessments shall...
Section 11-88-107 - Bond of Official Charged With Duty of Collecting Assessments; Liability of Said Official and Board Members for Diversion or Misappropriation of Funds for Payment of Bonds and Coupons. - The official charged with the duty of collecting assessments shall...
Section 11-88-108 - Redemption of Bonds. - At a time when the amount of any particular fund...
Section 11-88-109 - Refunding of Excess Amounts Collected From Assessments Upon Demand Therefor; Limitation Period for Claims for Refunds; Disposition of Unclaimed Amounts. - In the event the amounts collected from the assessments under...
Section 11-88-110 - Acquisition of Lands by Authority. - Whenever in the judgment of the board it may be...
Section 11-88-111 - Effect of Annexation or Incorporation of Area in Which Assessments for Improvement Made Upon Assessments, Liens, Bonds, Etc. - The subsequent annexation to a municipality or incorporation as a...
Article 3 - City Takeover of Authority's Water System.
Section 11-88-130 - City Prohibited From Charging Excessive Rates to County Customers; Treatment of County Customers. - With respect to all customers located within the geographic area...
Section 11-88-131 - Acquisition, etc., of Water System of Water and Fire Protection Authority by City Board of Water and Sewer Commissioners - Inclusion of Governing Board of the Authority in Governing Board of Commissioners. - In the event that the board of water and sewer...
Section 11-88-132 - Acquisition, etc., of Water System of Water and Fire Protection Authority by City Board of Water and Sewer Commissioners - Conveyance of Funds in Trust for Authority's Fire Protection System; Governing Board of Authority as Truste... - (a) In the event that the board of water and...
Section 11-88-133 - Acquisition, etc., of Water System of Water and Fire Protection Authority by City Board of Water and Sewer Commissioners - Deposit of Funds in Escrow Account for Construction of Water Service Improvements; Escrow Agent; Funding an... - In the event that the board of water and sewer...
Section 11-88-134 - Acquisition, etc., of Water System of Water and Fire Protection Authority by City Board of Water and Sewer Commissioners - Sanitary Sewer Service System Plan; Time Frame. - In the event that the board of water and sewer...
Section 11-88-135 - Applicability of Article; Vote of Consent; Notice and Hearing. - The provisions of this article shall not apply in the...
Article 4
Section 11-88-150 - Use of Public Funds to Repair or Replace Private Sewer Laterals. - (a) The Legislature finds and declares all of the following:...
Chapter 89 - Water, Sewer, Solid Waste Disposal and Fire Protection Districts.
Section 11-89-1 - Definitions. - When used in this chapter, the following words and phrases...
Section 11-89-2 - Purpose of Chapter. - This chapter is intended to aid the state in the...
Section 11-89-3 - Filing of Application for Incorporation of District; Adoption of Resolutions Approving or Denying Application, etc., by Governing Bodies. - (a) In order to incorporate a district under this chapter,...
Section 11-89-4 - Filing of Certificate of Incorporation, Copies of Resolutions of Governing Bodies, etc., With Probate Judge; Contents and Execution of Certificate of Incorporation; Notification of Secretary of State of Recordation of Certificate of... - (a) Within 40 days following the adoption of an authorizing...
Section 11-89-5 - Authorization and Procedure for Amendment of Certificate of Incorporation. - (a) The certificate of incorporation of any district incorporated under...
Section 11-89-6 - Board of Directors. - Each district shall be governed by a board of directors....
Section 11-89-7 - Powers of District Generally; Power of District to Acquire, Operate, etc., Systems, etc., Outside Service Area; Provisions in Schedules of Rates and Charges Generally. - (a) The district shall have the following powers, together with...
Section 11-89-8 - Bonds of District - Form, Terms, Denominations, etc.; Sale; Execution and Delivery; Refunding; Liability Thereon; Security for Payment of Principal and Interest and Payment Thereof Generally; Provisions in Mortgages, Deeds of Trust... - All bonds issued by the district shall be signed by...
Section 11-89-9 - Bonds of District - Contracts to Secure Payment of Principal and Interest. - As security for payment of the principal of and the...
Section 11-89-10 - Bonds of District - Statutory Mortgage Lien to Secure Payment of Principal and Interest. - Any resolution of the board or trust indenture under which...
Section 11-89-11 - Bonds of District - Disposition of Proceeds From Sale of Bonds. - All moneys derived from the sale of any bonds issued...
Section 11-89-12 - Establishment and Revision of Rates, Fees, and Charges for Services Rendered by District. - Rates, fees, and charges for water service, sewer service, and...
Section 11-89-13 - Loans, Sales, Grants, etc., of Money, Property, etc., to District by Counties, Municipalities, Public Corporations, Etc. - For the purpose of securing water service, sewer service, or...
Section 11-89-14 - Use of Rights-of-Way of Public Roads by District. - Each district is hereby authorized to use the rights-of-way of...
Section 11-89-15 - Furnishing of Fire Protection Service by District Declared Governmental Function; Immunity From Tort Liability of District. - The furnishing of fire protection service by a district is...
Section 11-89-16 - Exemption From Taxation of District and Property, Leases, Bonds, etc., Thereof; Payment of Fees, Taxes, or Costs to Probate Judge for Incorporation, Etc. - The district, the property and income of the district, all...
Section 11-89-17 - Authorization and Procedure for Dissolution of District; Vesting of Title to Properties of District and Apportionment Thereof Upon Dissolution of District. - At any time when the district has no bonds or...
Section 11-89-18 - Existence of District Not to Prevent Subsequent Incorporation, etc., of Another District. - The existence of one or more districts incorporated under the...
Section 11-89-19 - Provisions of Chapter as to Incorporation of District, Acquisition of Property, Issuance of Bonds, etc., Exclusive; Jurisdiction Over and Regulation of District, etc., by State Board of Health, Public Service Commission, Etc. - Except as expressly otherwise provided in this chapter, no proceeding,...
Article 2 - Special Corporations.
Section 11-89-30 - Legislative Findings. - The Legislature finds and determines that it is necessary and...
Section 11-89-31 - Definitions. - All definitions in Section 11-89-1 are incorporated in this article...
Section 11-89-32 - Procedure to Form Special Corporation. - (a) In order to provide for operation and financing of...
Section 11-89-33 - Clarification of Powers. - (a) In addition to the powers granted to the special...
Section 11-89-34 - Directors. - Upon filing the certificate of incorporation and the certificate of...
Section 11-89-35 - Duration. - No special corporation shall have a duration longer than the...
Section 11-89-36 - Dissolution. - Upon dissolution of a special corporation, all assets of the...
Section 11-89-37 - Acceptances. - Each special corporation may accept loans, grants, gifts, and any...
Section 11-89-38 - Incorporation of Other Powers. - Sections 11-89-8 to 11-89-19, inclusive, which are applicable to a...
Chapter 89A - Solid Waste Disposal Authorities.
Section 11-89A-1 - Legislative Findings. - It is hereby found and declared as follows: That the...
Section 11-89A-2 - Definitions. - The following words and phrases used in this chapter, and...
Section 11-89A-3 - Filing of Application for Incorporation of Authority; Denial or Authorization of Incorporation by Governing Body of County or Municipality. - A public corporation may be organized pursuant to the provisions...
Section 11-89A-4 - Incorporation Procedure; Contents, Execution, and Filing of Certificate of Incorporation; Notice to Secretary of State. - (a) Within 40 days following the adoption of an authorizing...
Section 11-89A-5 - Amendments to Certificate of Incorporation. - The certificate of incorporation of any authority incorporated under the...
Section 11-89A-6 - Board of Directors of Authority; Election; Terms of Office; Vacancies; Qualifications; Expenses; Meetings; Notice and Waiver; Resolutions; Impeachment. - (a) Each authority shall have a board of directors composed...
Section 11-89A-7 - Officers of Authority. - The officers of an authority shall consist of a chairman,...
Section 11-89A-8 - Powers of Authority; Location of Facilities of Authority. - (a) Every authority shall have all of the powers necessary...
Section 11-89A-9 - Bonds of Authority, Generally. - (a) Any authority shall have the power to issue, sell,...
Section 11-89A-10 - Security for Payment of Bonds; Contracts and Agreements to Secure. - (a) Any bonds issued by the authority shall be revenue...
Section 11-89A-11 - Proceeds From Sale of Bonds. - All moneys derived from the sale of any bonds issued...
Section 11-89A-12 - Refunding Bonds. - Any bonds issued or assumed by an authority may from...
Section 11-89A-13 - Freedom of Authority From Supervision and Control of State; Applicability of Article 1 of Chapter 27 of Title 22. - (a) This chapter is intended to aid the state through...
Section 11-89A-14 - Power of Eminent Domain. - Each authority organized under the provisions of this chapter is...
Section 11-89A-15 - Cooperation, Aid, and Agreements From and With Other Bodies. - (a) For the purpose of attaining the objectives of this...
Section 11-89A-16 - Exemption From Taxation, Etc. - The property and income of any authority, all bonds issued...
Section 11-89A-17 - Exemption From Usury and Interest Laws. - Each authority shall be exempt from the laws of the...
Section 11-89A-18 - Exemption From Competitive Bid Laws. - Any authority and all contracts made by it shall be...
Section 11-89A-19 - Disposition of Net Earnings of Authority. - An authority shall be a nonprofit corporation and no part...
Section 11-89A-20 - Bonds of Authority as Legal Investments. - The bonds of any authority shall be legal investments in...
Section 11-89A-21 - Dissolution of Authority; Vesting of Title to Authority's Property. - At any time when an authority has no bonds or...
Section 11-89A-22 - Incorporation of Another Authority by Same Determining Subdivision. - The existence of an authority incorporated under the provisions of...
Section 11-89A-23 - Notice of Bond Resolution; Contest to Validity of Bonds, Etc. - Upon the adoption by the board of any authority of...
Section 11-89A-24 - Cumulative Effect of Chapter. - The provisions of this chapter are cumulative and shall not...
Section 11-89A-25 - Liberal Construction of Chapter. - This chapter being remedial in nature, the provisions of this...
Chapter 89B - Sale and Issuance of Bonds by Public Corporations Operating Water Systems.
Section 11-89B-1 - Public Corporation Given Power to Sell and Issue Bonds, to Pledge for Payment Proceeds, Revenues, etc., and to Issue Bonds or Notes for Temporary Borrowing. - In addition to all other powers now or hereafter granted...
Section 11-89B-2 - Form, Terms, Denominations, Etc. of Bonds; Execution and Delivery; Interest; Sale; Issuance of Refunding Bonds; Liability on Bonds; Source of Payment; Use of Proceeds; Mortgage, Deed of Trust, etc., Containing Certain Agreements. - All bonds issued pursuant to the provisions of this chapter...
Section 11-89B-3 - Contracts as Security for Payment of Principal and Interest on Bonds. - As security for payment of the principal of and interest...
Section 11-89B-4 - Resolution of Board of Directors, etc., or Trust Indenture Containing Provisions Creating Statutory Mortgage Lien. - Any resolution of the board of directors or other governing...
Section 11-89B-5 - Use of Moneys Derived From Sale of Bonds. - All moneys derived from the sale of any such bonds...
Section 11-89B-6 - Investment of Bond Proceeds. - The proceeds of any such bonds issued by such public...
Section 11-89B-7 - Law Not to Repeal Existing Law; Construction. - This law shall not repeal or supersede any existing law...
Chapter 89C - Storm Water Discharges Into Separate Storm Sewers.
Section 11-89C-1 - Legislative Findings and Intent. - (a) The Legislature finds and declares that it is in...
Section 11-89C-2 - Definitions. - As used in this chapter, the following words and phrases...
Section 11-89C-3 - Public Corporation - Procedure for Incorporation. - (a) Three or more natural persons who are either the...
Section 11-89C-4 - Powers of Public Corporation; Requirements for Development or Adoption of Rules, Procedures, Ordinances, Etc. - (a) When expressly required to comply with storm water laws,...
Section 11-89C-5 - Exemption of Public Corporation From Fees and Taxes. - The property and income of any public corporation, and any...
Section 11-89C-6 - Member Governing Bodies Granted Power of Eminent Domain. - Member governing bodies are granted the power of eminent domain...
Section 11-89C-7 - Public Corporation to Be Nonprofit; Dissolution. - Any public corporation shall be a nonprofit corporation, and no...
Section 11-89C-8 - Immunity of Corporation, Board Members, and Employees. - (a) Any public corporation shall be immune from civil suit...
Section 11-89C-9 - Powers of Governing Bodies. - (a) A governing body shall proceed under this chapter as...
Section 11-89C-10 - Assessment, Collection, etc., of Fees, Charges, or Assessments. - (a) The tax assessor and the tax collector, or other...
Section 11-89C-11 - Compliance With Conditions and Limitations in Npdes Permit Deemed to Be Compliance With Chapter. - Notwithstanding any provision to the contrary set forth in this...
Section 11-89C-12 - No Enforcement Action by Governing Body Where Adem Has Taken Certain Actions. - (a) In no event shall any enforcement action be taken...
Section 11-89C-13 - Liberal Construction. - The purpose of this chapter being remedial in nature, it...
Section 11-89C-14 - Effect of Chapter on State Entities. - Nothing in this chapter shall be interpreted as negating, destroying,...
Section 11-89C-15 - Revision of Regulations and Permits; Compliance With 2014 Amendments. - (a) No later than April 10, 2015, ADEM shall initiate...
Chapter 90 - Free Public Libraries.
Section 11-90-1 - Powers of Counties and Municipalities as to Establishment and Maintenance of Free Public Libraries Generally. - The county commissions of the counties of this state and...
Section 11-90-2 - Library Boards - Composition; Appointment and Terms of Members; Vacancies in Office. - The government and supervision of such libraries shall be vested...
Section 11-90-2.1 - Library Boards - Membership in Class 2 Municipalities. - In any Class 2 municipality, any law to the contrary...