Code of Alabama
Title 45 - Local Laws.
Chapter 51A - Montgomery County Municipalities.

Section 45-51A-31 - Legislative Findings; Creation of Enterprise Zones; Programs Authorized. - (a) The Legislature of Alabama finds and declares that the...

Division 2 - Montgomery I-65 Corridor Development Authority.

Section 45-51A-31.20 - Legislative Intent. - (a) The establishment of a business district within Montgomery County...

Section 45-51A-31.21 - Definitions. - The following words and phrases used in this subpart, in...

Section 45-51A-31.22 - Procedure for Organization. - (a) In order to organize the authority, any number of...

Section 45-51A-31.23 - Board of Directors; Election, Terms, Eligibility. - (a) The authority shall be governed by a board of...

Section 45-51A-31.24 - Officers of Authority; Election, Compensation. - The officers of the authority shall consist of a chair,...

Section 45-51A-31.25 - Powers of the Authority. - (a) The authority shall have the following powers, together with...

Section 45-51A-31.26 - Office Headquarters. - The office headquarters of the authority shall be located within...

Section 45-51A-31.27 - Liability of the County and City. - Neither the county nor city shall in any event be...

Section 45-51A-31.28 - Establishment and Revision of Rentals, Licenses, Rates, Fees, and Charges for Services or Facilities Rendered by Authority. - Rates, fees, charges, rentals, and licenses for services rendered by...

Section 45-51A-31.29 - Loans, Sales, Grants, Guarantees, Obligations, etc., to Authority by Counties, Municipalities, and Public Corporations. - (a) Subject to the requirements of the Constitution of Alabama...

Section 45-51A-31.30 - Assessment of Land Within the I-65 Corridor. - The authority, with the consent of the landowners as set...

Section 45-51A-31.31 - Payment of Assessments. - (a) Each assessment shall constitute a lien on the property...

Section 45-51A-31.32 - Failure to Pay Assessments. - The board, by the proceedings described in this subpart, may...

Section 45-51A-31.34 - Exemption From Certain Requirements and Regulation. - This subpart is intended to aid the state through the...

Section 45-51A-31.35 - Dissolution. - At any time when the authority has no obligations outstanding,...

Section 45-51A-31.36 - Public Disclosure and Accountability. - (a) As used in this section, the following terms shall...

Division 3 - Industrial Development Board.

Section 45-51A-31.60 - Appointment of Additional Members. - Notwithstanding any other provision of law, any industrial development board...

Division 4 - Planning Commission.

Section 45-51A-31.80 - Applicability. - This subpart shall apply to all incorporated cities having a...

Section 45-51A-31.81 - Authority to Divide Territory Into Zones or Districts. - Any city to which this subpart applies may divide the...

Section 45-51A-31.82 - Planning Commission - Appointment; Composition; Powers and Duties. - The city council, commission, or like legislative body of each...

Section 45-51A-31.83 - Planning Commission - Officers; Meetings; Record-Keeping. - The planning commission shall elect a chair from among its...

Section 45-51A-31.84 - Planning Commission - Executive Salary; Inspection of Records; Employees; Contracting for Services; Expenditures. - The city planning commission provided for by this subpart shall...

Section 45-51A-31.85 - Public Hearings. - Before taking any action on any matter coming before the...

Section 45-51A-31.86 - City Plan. - All phases or parts of a general comprehensive city plan...

Part 3 - Employees.

Division 1 - General Provisions.

Section 45-51A-32 - Holidays. - Employees of the City of Montgomery shall enjoy the same...

Section 45-51A-32.01 - Rules of Personnel Board Regarding Certain Veterans, Widows of Veterans, Etc. - (a) The Personnel Board of the City of Montgomery and...

Division 2 - Firefighters Pension Fund.

Section 45-51A-32.20 - Creation. - There is created the Montgomery Firefighters Pension Fund in the...

Section 45-51A-32.21 - Membership in Pension Fund. - Any person who is now, or hereafter becomes, an employee...

Section 45-51A-32.22 - Board of Trustees - Composition. - The Board of Trustees of the Montgomery Firefighters Pension Fund...

Section 45-51A-32.23 - Board of Trustees - Election of Members. - The members of the board of trustees, other than the...

Section 45-51A-32.24 - Board of Trustees - Officers. - The chief, or other person acting in such capacity, of...

Section 45-51A-32.25 - Custodian of Assets. - The Comptroller of the City of Montgomery, or his or...

Section 45-51A-32.26 - Duties of Board. - The Board of Trustees of the Firefighters Pension Fund is...

Section 45-51A-32.27 - Funding. - The Montgomery Firefighters Pension Fund shall consist of the following:...

Section 45-51A-32.28 - Powers of Board Members. - The members of the board shall be trustees of all...

Section 45-51A-32.29 - Annual Report. - The Board of Trustees of the Montgomery Firefighters Pension Fund...

Section 45-51A-32.30 - Depositories. - The Board of Trustees of the Montgomery Firefighters Pension Fund...

Section 45-51A-32.31 - Payments From Fund. - All payments from the fund shall be made only upon...

Section 45-51A-32.32 - Exemptions. - No portion of the Montgomery Firefighters Pension Fund, before or...

Section 45-51A-32.33 - Insufficient Funding. - If at any time there shall not be sufficient money...

Section 45-51A-32.34 - Changes to Benefits. - The Board of Trustees of the Firefighters Pension Fund as...

Section 45-51A-32.35 - Assistance of City Attorney. - It shall be the duty of the city attorney of...

Section 45-51A-32.36 - Payment of Expenses. - The board of trustees shall be authorized to pay out...

Section 45-51A-32.37 - Annual Report by Fire Insurance Companies. - Each fire insurance company doing business in the city shall...

Section 45-51A-32.38 - Actuary. - The board may designate an actuary to be the technical...

Section 45-51A-32.39 - Investment Trustee. - (a) The board may employ the services of an investment...

Section 45-51A-32.40 - Transition Provisions. - The Board of Trustees of the Firemen’s Pension and Relief...

Section 45-51A-32.41 - Penalties. - Whoever with intent to deceive shall make any statements or...

Section 45-51A-32.42 - Correction of Errors. - Should any change or error in the records of the...

Division 3 - Housing Authority Personnel Merit System.

Section 45-51A-32.60 - Definitions. - For purposes of this subpart the following words shall have...

Section 45-51A-32.61 - Personnel Merit System - Establishment and Administration. - The authority shall establish and administer its own personnel merit...

Section 45-51A-32.62 - Personnel Merit System - Creation, Operation, and Implementation. - (a) The authority shall establish a department, and it shall...

Section 45-51A-32.63 - Classified Employment Requirements; Separation From Employment; Executive Director. - (a) All classified employment with the authority shall be contingent...

Section 45-51A-32.64 - Rulemaking Authority. - The rules, policies, and procedures necessary to implement this subpart...

Section 45-51A-32.65 - Hearings; Appeals Committee. - The authority shall hear all actions regarding final employees' actions...

Section 45-51A-32.66 - Register of Job Applicants. - All classified employees shall be hired from a certified register...

Section 45-51A-32.67 - Participation in Political Activities. - (a) An employee may participate in city or state political...

Section 45-51A-32.68 - Employment Records. - All employment records related to the employment of current employees...

Section 45-51A-32.69 - Retention and Transfer of Retirement Funds. - The retirement fund of each participating employee of the authority...

Division 4 - Participation in Employees' Retirement System of Alabama.

Section 45-51A-32.90 - City of Montgomery and Montgomery Airport Authority Authorized to Participate; Transfer of As-Sets and Liabilities; Election by Members; Maintenance and Administration of Retirement Plans. - (a)(1) Notwithstanding Act 2013-385, 2013 Regular Session (Acts 2013, p....

Division 5 - Personnel System.

Section 45-51A-32.110 - Personnel Department Created; Board and Director; Meetings. - (a) In each county of the state which has a...

Section 45-51A-32.111 - Officers and Duties of Board. - The members of the board shall elect one of their...

Section 45-51A-32.112 - Personnel Director; Pay Plan. - (a) The personnel board shall appoint a personnel director whose...

Section 45-51A-32.113 - Applicability; Exempt Service. - THIS SECTION WAS AMENDED BY ACT 2022-370 IN THE 2022...

Section 45-51A-32.114 - Rulemaking Authority; Establishment of Position to Provide Assistance to Council. - (a) In addition to such other matters as may be...

Section 45-51A-32.115 - Appointment to Vacant Positions. - (a) Appointments to vacant positions in the competitive or classified...

Section 45-51A-32.116 - Probationary Period. - (a) All original and promotional appointments shall be for a...

Section 45-51A-32.117 - Regular and Probationary Status. - (a) Any person holding a position or employment included in...

Section 45-51A-32.118 - Power to Transfer, Promote, Demote, etc.; Suspension Without Pay. - The governing bodies of the county and municipality and any...

Section 45-51A-32.119 - Written Statement of Reasons for Demotion, Dismissal, etc.; Answer; Hearing. - (a) Any employee in the competitive service who has been...

Section 45-51A-32.120 - Appeals. - (a) Any employee in the competitive service shall have the...

Section 45-51A-32.121 - Abolition of Position or Employment. - Whenever in the judgment of the governing body of the...

Section 45-51A-32.122 - Political Activities. - (a) No person holding a position in the competitive service...

Section 45-51A-32.123 - Soliciting or Receiving Assessments, Contributions, etc., for Any Political Purpose Prohibited. - No officer, agent, clerk, or employee, under the government of...

Section 45-51A-32.124 - Legal Services. - In any matter requiring the services of an attorney, the...

Section 45-51A-32.125 - Compensation and Expenses; Payments. - The compensation and all other expenses of the personnel board,...

Section 45-51A-32.126 - Certification Requirement. - It shall be unlawful for any county, municipal, public corporation,...

Section 45-51A-32.127 - Violations. - Any person who violates this subpart shall be guilty of...

Division 6 - Water Works and Sanitary Sewer Board Personnel Merit System.

Section 45-51A-32.150 - Purpose. - The Water Works and Sanitary Sewer Board of the City...

Section 45-51A-32.151 - Definitions. - The following terms whenever used in this subpart shall have...

Section 45-51A-32.153 - Continuation of Employment. - (a) All classified employment with the board is contingent upon:...

Section 45-51A-32.154 - Establishment of Human Resources Department. - (a) The board shall establish a human resources department within...

Section 45-51A-32.155 - Rules, Policies, and Procedures. - The rules, policies, and procedures necessary to implement this subpart...

Section 45-51A-32.156 - Personnel Appeals Board. - (a) The board shall create a personnel appeals board separate...

Section 45-51A-32.157 - Employment. - All classified employees shall be hired from a certified register...

Section 45-51A-32.158 - Political Activity. - (a) Any employee may participate in city or state political...

Section 45-51A-32.159 - Transfer of Records. - All existing records related to board employees' employment shall be...

Section 45-51A-32.160 - Retirement Funds. - All retirement funds of participating board employees shall remain with...

Part 4 - Mayor-Council Act of 1973.

Division 1 - Adoption of Mayor-Council Form of Government; Election and Term of First Council.

Section 45-51A-33 - Applicability. - Any city in the State of Alabama which has a...

Section 45-51A-33.01 - Petition for Election. - The filing of a petition signed by 10 percent or...

Section 45-51A-33.02 - Call of Election by Governing Body. - The governing body of the city shall immediately upon receipt...

Section 45-51A-33.03 - Second Election Not Called Within Two Years. - If the mayor-council form of government is not adopted at...

Section 45-51A-33.04 - Proposition Submitted; Form of Ballot. - At such election the proposition to be submitted shall be...

Section 45-51A-33.05 - Conduct, Canvassing, and Declaration of Result of Election. - The election thereupon shall be conducted, the vote canvassed, and...

Section 45-51A-33.06 - Election of First Council and First Mayor; Term of Office. - (a) Upon the adoption of such form of government, the...

Section 45-51A-33.07 - The Council. - The councilmen provided for in this section shall be known...

Division 2 - Legal Status; Form of Government; Powers.

Section 45-51A-33.30 - Legal Status. - Any city which adopts the mayor-council form of government shall...

Section 45-51A-33.31 - Form of Government. - The municipal government of any such city proceeding under this...

Section 45-51A-33.32 - Powers of City. - The city shall have all the powers granted to municipal...

Division 3 - The Council.

Section 45-51A-33.50 - Number, Election, Term. - The council shall consist of nine members who shall be...

Section 45-51A-33.51 - Statement of Candidacy. - (a) Any person desiring to become a candidate at any...

Section 45-51A-33.52 - Qualification. - Every person who shall be elected or appointed to the...

Section 45-51A-33.53 - Eligibility. - Councilmen shall be qualified electors of the city, and shall...

Section 45-51A-33.54 - Compensation. - Commencing with the 1995 term, the council shall receive such...

Section 45-51A-33.55 - Presiding Officer. - The council shall elect an officer of the city who...

Section 45-51A-33.56 - Powers. - All powers of the city, including all powers vested in...

Section 45-51A-33.57 - Council Not to Interfere in Appointment or Removals. - The council shall approve or disapprove the appointment of every...

Section 45-51A-33.58 - Vacancies in Council. - (a) A vacancy in the city council other than those...

Section 45-51A-33.59 - Creation of New Departments or Offices; Change of Duties. - The council by ordinance may create, change, and abolish offices,...

Section 45-51A-33.60 - City Clerk. - If the city clerk of any city which adopts the...

Section 45-51A-33.61 - Induction of Council Into Office; Meetings of Council. - The first meeting of each newly elected council for induction...

Section 45-51A-33.62 - Council to Be Judge of Qualifications of Its Members. - The council shall be the judge of the election and...

Section 45-51A-33.63 - Rules of Procedure; Journal. - The council shall determine its own rules and order of...

Section 45-51A-33.64 - Meetings, Passage of Ordinances, Etc. - The council shall hold regular public meetings at least twice...

Section 45-51A-33.65 - Granting of Franchises. - No resolution or ordinance, granting to any person, firm, or...

Section 45-51A-33.66 - Codification Authorized. - The council may provide at any time it may deem...

Section 45-51A-33.67 - Examination of Books and Publication of Accounts. - The council shall each month print in pamphlet form a...

Division 4 - Mayor.

Section 45-51A-33.90 - Election; Term; Qualification. - The first mayor shall be elected at the same election...

Section 45-51A-33.91 - Statement of Candidacy. - (a) Any person desiring to become a candidate at any...

Section 45-51A-33.92 - Eligibility. - The mayor shall be a qualified elector of the city,...

Section 45-51A-33.93 - Compensation. - Commencing with the 1995 term, the mayor shall receive such...

Section 45-51A-33.94 - Vacancy. - (a) Whenever a vacancy in the office of the mayor...

Section 45-51A-33.95 - Powers and Duties. - The mayor shall be the head of the administrative branch...

Section 45-51A-33.96 - Administrative Departments. - There shall be a department of finance, and such other...

Section 45-51A-33.97 - Directors of Departments. - At the head of each department there shall be a...

Section 45-51A-33.98 - Departmental Divisions. - The work of each department may be distributed among such...

Division 5 - Budget.

Section 45-51A-33.120 - Fiscal Year. - The fiscal year of the city government shall begin on...

Section 45-51A-33.121 - Submission of Budgets. - (a) On a day to be fixed by the council,...

Section 45-51A-33.122 - Preparation of Budgets. - It shall be the duty of the head of each...

Section 45-51A-33.123 - Scope of General Fund Budget. - The general fund budget shall include only the net amounts...

Section 45-51A-33.124 - Balanced Budget Restrictions. - In no event shall the expenditures recommended by the mayor...

Section 45-51A-33.125 - Budget Message. - The budget message shall contain the recommendations of the mayor...

Section 45-51A-33.126 - Availability of Budgets for Inspection; Publication of Budget Message. - The mayor shall cause the budget message to be printed,...

Section 45-51A-33.127 - Publication of Notice of Public Hearing. - At the meeting of the council at which the budget...

Section 45-51A-33.128 - Action by the Council on the General Fund Budget. - After the conclusion of the public hearing the council may...

Section 45-51A-33.129 - Adoption of General Fund Budget. - Not later than the 20th day of September of the...

Section 45-51A-33.130 - Effective Date of Budget; Certification; Copies Made Available. - Upon final adoption, the budget shall be in effect for...

Section 45-51A-33.131 - Utility Budgets. - Separate budget estimates for any public utilities owned and operated...

Section 45-51A-33.132 - Work Plan and Allotments. - After the current expense budgets have been adopted and before...

Section 45-51A-33.133 - Additional Appropriations. - The mayor may at any time authorize, at the request...

Section 45-51A-33.134 - Additional Appropriations. - Appropriations in addition to those contained in the original general...

Section 45-51A-33.135 - Emergency Appropriations. - At any time in any budget year, the council, pursuant...

Section 45-51A-33.136 - Appropriations to Lapse. - Any portion of an appropriation remaining unexpended and unencumbered at...

Section 45-51A-33.137 - Capital Budget. - At the same time that he or she submits the...

Section 45-51A-33.138 - Certification of Funds; Penalties for Violation. - No payment shall be made and no obligation incurred by...

Section 45-51A-33.139 - Reserve for Permanent Public Improvements. - The council may by ordinance establish a reserve fund for...

Section 45-51A-33.140 - Budget Continuation. - Any officially adopted budget in existence at the time that...

Section 45-51A-33.141 - Budget Summary. - At the head of the budget there shall appear a...

Division 6 - Department of Finance.

Section 45-51A-33.160 - Director of Finance - Appointment. - There shall be a department of finance, the head of...

Section 45-51A-33.161 - Director of Finance - Qualifications. - The director of finance shall be a person skilled in...

Section 45-51A-33.162 - Director of Finance - Surety Bond. - The director of finance shall provide a bond with such...

Section 45-51A-33.163 - Director of Finance - Powers and Duties. - The director of finance shall have general management and control...

Section 45-51A-33.164 - When Contracts and Expenditures Prohibited. - No officer, department, or agency, during any budget year, shall...

Section 45-51A-33.165 - Fees Shall Be Paid to City Government. - All fees received by any officer or employee of the...

Section 45-51A-33.166 - Division of Purchases. - There shall be established in the department of finance a...

Section 45-51A-33.167 - Competitive Bidding. - Before the purchasing agent makes any purchase of or contract...

Section 45-51A-33.168 - Contracts for City Improvements. - Any city improvement costing more than two thousand dollars ($2,000)...

Section 45-51A-33.169 - Accounting Control of Purchases. - All purchases made and contracts executed by the purchasing agent...

Section 45-51A-33.170 - Borrowing in Anticipation of Revenues. - In any budget year, in anticipation of the collection or...

Section 45-51A-33.171 - Borrowing to Meet Emergency Appropriations. - In the absence of unappropriated available revenues to meet emergency...

Section 45-51A-33.172 - Notes Redeemable Prior to Maturity. - No notes shall be made payable on demand, but any...

Section 45-51A-33.173 - Sales of Notes; Report of Sale. - All notes issued pursuant to this part may be sold...

Division 7 - Council Districts.

Section 45-51A-33.190 - Number Established. - There shall be established nine council districts to be designated...

Section 45-51A-33.191 - Reapportionment. - Whenever there shall be a change in population in any...

Division 8 - Succession in Government.

Section 45-51A-33.210 - Rights of Officers and Employees Preserved. - Nothing in this part contained, except as specifically provided, shall...

Section 45-51A-33.211 - Continuance of Officers. - All persons holding administrative office at the time the mayor-council...

Section 45-51A-33.212 - Status of Officers and Employees. - Any person holding an office or position in the classified...

Section 45-51A-33.213 - Transfer of Records and Property. - All records, property, and equipment whatsoever of any office, department,...

Section 45-51A-33.214 - Continuity of Offices, Departments, Agencies. - Any office, department, or agency provided for in this part...

Section 45-51A-33.215 - Continuance of Contracts and Public Improvements. - All contracts entered into by the city, or for its...

Section 45-51A-33.216 - Pending Actions and Proceedings. - No action or proceeding, civil or criminal, pending at the...

Section 45-51A-33.217 - Pension and Relief Funds. - All laws and parts of laws relating to pension, retirement,...

Section 45-51A-33.218 - Authority for Fairgrounds, Parks, Exhibits, Etc. - All laws and parts of laws relating to establishment of...

Section 45-51A-33.219 - When Provisions Take Effect. - For the purpose of nominating and electing members of the...

Section 45-51A-33.220 - Continuance of Ordinances and Resolutions. - All ordinances and resolutions of the city in effect at...

Division 9 - General Provisions.

Section 45-51A-33.240 - Removal of Officers and Employees. - Subject to any civil service or merit system applicable to...

Section 45-51A-33.241 - Rights of Mayor and Other Officers in Council. - The mayor, the heads of all departments, and such other...

Section 45-51A-33.242 - Investigations by Council or Mayor. - The council, the mayor, or any person or committee authorized...

Section 45-51A-33.243 - Contracts Extending Beyond One Year. - No contract involving the payment of money out of the...

Section 45-51A-33.244 - Publicity of Records. - All records and accounts of every office, department, or agency...

Section 45-51A-33.245 - Officers and Employees Not to Be Privately Interested in City Contracts. - No member of the council, the mayor, officer, or employee...

Section 45-51A-33.246 - Official Bonds. - The director of finance, and such other officers or employees...

Section 45-51A-33.247 - Oath of Office. - Every officer of the city, before entering upon the duties...

Division 10 - Abandonment of Mayor-Council Form of Government.

Section 45-51A-33.270 - Abandonment of the Mayor-Council Plan. - No city may change from the mayor-council form of government...

Section 45-51A-33.271 - Petition for Change of Form of Government. - Such change, however, shall first be initiated by petition and...

Section 45-51A-33.272 - No Election on Change More Often Than Two Years. - No election on the abandonment of the mayor-council form of...

Part 5 - Health and Environment.

Section 45-51A-34 - Abatement of Grass and Weeds. - In any Class 3 municipality organized under Part 4 in...

Part 6 - Highways and Traffic.

Division 1 - Streets Renamed.

Section 45-51A-35 - e.d. Nixon Avenue. - In honor and recognition of the significant contributions and achievements...

Section 45-51A-35.01 - Odessa Redden Avenue. - In honor and recognition of the significant contributions and achievements...

Section 45-51A-35.02 - Johnnie R. Carr Boulevard. - In honor and recognition of the significant contributions and achievements...

Section 45-51A-35.03 - Martin Luther King, Jr. Avenue. - (a) In honor and recognition of the significant contributions and...

Division 2 - Montgomery Red Light Safety Act.

Section 45-51A-35.20 - Short Title; Adoption of Procedures. - (a) This subpart shall be known and may be cited...

Section 45-51A-35.21 - Legislative Findings. - The Legislature finds and declares the following: (1) Accident data...

Section 45-51A-35.22 - Definitions. - As used in this subpart, the following terms shall have...

Section 45-51A-35.23 - Utilization of Photographic Traffic Signal Enforcement System. - (a) The City of Montgomery is empowered to utilize an...

Section 45-51A-35.24 - Notice of Violation. - (a) Prior to imposing a civil penalty under this subpart,...

Section 45-51A-35.25 - Power and Jurisdiction of Municipal Court; Contesting Liability; Fines and Costs; Affirmative Defenses. - (a) The Montgomery Municipal Court is vested with the power...

Section 45-51A-35.26 - Order of Municipal Court; Judicial Review. - (a) Following an adjudicative hearing, the municipal court judge shall...

Section 45-51A-35.27 - Appellate Procedures. - (a) The circuit court hearing an appeal shall use the...

Section 45-51A-35.28 - Identifying Owner of Vehicle. - In the event the evidence produced by a photographic traffic...

Section 45-51A-35.30 - Adoption of Procedures; Statistical Data. - The city, by Ordinance 10-2007, hereby validated ab initio, adopted...

Section 45-51A-35.31 - Control Devices and Timing. - The placement of control devices and timing of yellow lights...

Section 45-51A-35.32 - Criminal Violations. - No civil penalty may be imposed and no adjudication of...

Section 45-51A-35.33 - Civil Action Against Person Operating Vehicle. - Any person against whom an adjudication of liability for a...

Part 7 - Taxation.

Section 45-51A-36 - Granting of Exemptions - Owner-Developers of Certain Commercial or Industrial Facilities. - (a) The City of Montgomery in Montgomery County may henceforth...

Article 5 - Pike Road.

Section 45-51A-50.01 - Additional Pike Road School District Taxation. - (a) For purposes hereof: (1) ADDITIONAL PIKE ROAD SCHOOL DISTRICT...

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Code of Alabama Title 45 - Local Laws. Chapter 51A - Montgomery County Municipalities.

Code of Alabama
Title 45 - Local Laws.
Chapter 51A - Montgomery County Municipalities.