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37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article.
In order to foster and encourage the underlying policies of this article and to assure that
sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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11-47-172
Section 11-47-172 Procedure for condemnation and appeal; asssessment of value, etc. (a) Whenever
the proprietor or proprietors or any of them of any of the lands necessary for any of the
purposes provided in Section 11-47-171 or necessary for opening new streets or widening old
streets and the mayor or other chief executive officer cannot agree on a price of said lands
or cannot agree as to the amount to be paid for changing the grade of any street, sidewalk,
or public place and whenever the proprietor or proprietors thereof shall be an infant, non
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer
shall apply to the clerk of the circuit court of the county for a writ of ad quod damnum to
be directed to the sheriff of the county, commanding him to summon three freeholders of the
county to appear before the sheriff on a day named, not less than two days from the date of
the writ, and to proceed under his direction to assess a value of the lands of...
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45-8A-71.13
Section 45-8A-71.13 Employees, officers, or officials removed, discharged, or demoted; proceedings;
appeals. (a) The governing body of the city may remove, discharge, or demote any employee,
officer, or official of the city who is subject to this part and who is directly under the
governing body, provided that within five working days a report in writing of the action is
made to the board, giving the reason for the removal, discharge, or demotion. The employee
shall have 10 working days from the time of written notification of his or her discharge,
removal, or demotion in which to appeal to the board. Upon receipt of the appeal, the board
shall order the charges or complaint to be filed with it in writing and shall hold a hearing
on the charges. No permanent employee, officer, or official of the city whose employment comes
within the coverage of this part, and whose probationary period has been served, shall be
removed, discharged, or demoted except for some personal misconduct, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-71.13.htm - 5K - Match Info - Similar pages
11-19-19
Section 11-19-19 County board of adjustment. In availing itself of the powers conferred by
this chapter, the county commission shall provide for the appointment of a board of adjustment
and may provide that the said board of adjustment shall, in appropriate cases and subject
to appropriate conditions and safeguards, make special exceptions to the terms of the zoning
ordinance or regulations in harmony with its general purposes and interests and in accordance
with general or specific rules adopted pursuant to this chapter. The board of adjustment shall
consist of five members who shall be appointed from among the residents of the county by the
county commission to serve for a term of three years; provided, that in establishing the board
of adjustment, the county commission may designate the terms of the members first appointed
on such basis that the term of one member will expire each year thereafter. Such members shall
be removable for cause by the county commission upon written...
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11-47-25
Section 11-47-25 Acceptance of credit card payments in Class 1 municipalities. (a) This section
shall apply only in a Class 1 municipality. (b) Notwithstanding any other provision of law
to the contrary, any office or unit of a Class 1 municipality government required or authorized
to receive or collect any payments to the municipality or to state or local government may,
upon approval of the mayor, accept a credit card payment of the amount. (c) This section shall
be broadly construed to authorize acceptance of credit card payments by: (1) All departments,
agencies, boards, bureaus, commissions, authorities, and other units of the municipality.
(2) All officers, officials, employees, and agents of the municipal units of the municipality.
(d) This section shall be broadly construed to authorize acceptance of credit card payments
of all types of amounts payable to or collected by the municipality, including, but not limited
to, taxes, license and registration fees, fines, and penalties....
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45-42A-24.03
Section 45-42A-24.03 Abatement of nuisance by municipal employees and agents; liability for
expenses. (a) If the owner fails, neglects, or refuses to abate the nuisance, or the nuisance
is not otherwise abated, (1) within the time permitted to do so as stated in the enforcing
official's notice, where such notice was not suspended by the request for a hearing before
the administrative official; or (2) within the time permitted to do so as stated in the administrative
official's written determination, then the city may enter upon the property and abate the
nuisance using its own forces, or it may provide by contract for the abatement. However, if
an appeal has been taken to the circuit court as provided in subsection (h) of Section 45-42A-24.02,
then the city may not abate the nuisance until the determination or judgment authorizing abatement
becomes final as provided by law. (b) Upon completion of the abatement work performed by the
city, including work by contractors employed by the...
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45-45A-41.22
Section 45-45A-41.22 Abatement of nuisance. (a) If the owner fails, neglects, or refuses to
abate the nuisance, or the nuisance is not otherwise abated, (1) within the time permitted
to do so as stated in the enforcing official's notice, where such notice was not suspended
by the request for a hearing before the administrative official; or (2) within the time permitted
to do so as stated in the administrative official's written determination, then the city may
enter upon the property and abate the nuisance using its own forces, or it may provide by
contract for the abatement. However, if an appeal has been taken to the circuit court as provided
in subsection (h) of Section 45-45A-41.21, then the city may not abate the nuisance until
the determination or judgment authorizing abatement becomes final as provided by law. (b)
Upon completion of the abatement work performed by the city, including work by contractors
employed by the city, the enforcing official shall compute the city's...
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45-8A-130.13
Section 45-8A-130.13 Removal, discharge, or demotion of employee, officer, or city official;
proceedings. (a) The governing body of the city, any member of the governing body, or the
head of any department or office can remove, discharge, or demote any employee, officer, or
official of the city who is subject to this part and who is directly under such governing
body, member thereof, or department head, provided that within five days a report in writing
of such action is made to the board, giving the reason for such removal, discharge, or demotion.
The employee shall have 10 days from the time of notification of his or her discharge, removal,
or demotion in which to appeal to the board. The board shall thereupon order the charges or
complaint to be filed forthwith in writing and shall hold a hearing de novo on such charges.
No permanent employee, officer, or official of the city whose employment comes within the
jurisdiction of this part, and whose probationary period has been served,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-130.13.htm - 5K - Match Info - Similar pages
11-52-80
Section 11-52-80 Board of adjustment - Creation; composition; qualifications, appointment,
terms of office and removal of members; vacancies; adoption of rules of procedure; meetings;
record of proceedings; procedure for appeals to board from decisions of administrative officials;
powers of board as to appeals. (a) In availing itself of the powers conferred by this article,
the legislative body of any incorporated city or town may provide for the appointment of a
board of adjustment and, in the regulations and restrictions adopted pursuant to the authority
of this article, may provide that the said board of adjustment shall in appropriate cases
and subject to appropriate conditions and safeguards make special exceptions to the terms
of the ordinance in harmony with its general purposes and interests and in accordance with
general or specific rules therein contained. The board of adjustment shall consist of five
members, each to be appointed for a term of three years, except that in the...
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