45-36-252.02
Section 45-36-252.02 Amendment of certificate of incorporation. (a) The certificate of incorporation
of the authority incorporated under this part may at any time and from time to time be amended
in the manner provided in this section. (b)(1) The board of directors of the authority shall
first adopt a resolution proposing an amendment to the certificate of incorporation which
shall be set forth in full in the resolution and which amendment may include: a. A change
in the name of the authority. b. The addition to the service area of the authority of new
territory lying within Jackson County. c. Provisions for the operation of a system or facility
the operation of which is not then provided for in the certificate of incorporation of the
authority and which the authority is authorized by this part to operate. d. Any matters which
might have been included in the original certificate of incorporation. e. Provisions for the
addition to the service area of the authority of new territory lying...
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45-38-141.03
Section 45-38-141.03 Amendment of certificate of incorporation. (a) The certificate of incorporation
of the authority incorporated under this part may at any time and from time to time be amended
in the manner provided in this section. (b)(1) The board of directors of the authority shall
first adopt a resolution proposing an amendment to the certificate of incorporation which
shall be set forth in full in the resolution and which amendment may include any or all of
the following: a. A change in the name of the authority. b. The addition to the service area
of the authority of new territory lying within Lamar County. c. Provisions for the operation
of a system or facility the operation of which is not then provided for in the certificate
of incorporation of the authority and which the authority is authorized by this part to operate.
d. Any matters which might have been included in the original certificate of incorporation.
e. Provisions for the addition to the service area of the...
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45-47-250.03
Section 45-47-250.03 Amendment to certificate of incorporation. (a) The certificate of incorporation
of the authority incorporated under this article may at any time, and from time to time, be
amended in the manner provided in this section. (b)(1) The board of directors of the authority
shall first adopt a resolution proposing an amendment to the certificate of incorporation
which shall be set forth in full in the resolution and which amendment may include: a. A change
in the name of the authority. b. The addition to the service area of the authority of new
territory lying within Marion County. c. Provisions for the operation of a system or facility
the operation of which is not then provided for in the certificate of incorporation of the
authority and which the authority is authorized by this article to operate. d. Any matters
which might have been included in the original certificate of incorporation. e. Provisions
for the addition to the service area of the authority of new...
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11-89-5
Section 11-89-5 Authorization and procedure for amendment of certificate of incorporation.
(a) The certificate of incorporation of any district incorporated under the provisions of
this chapter may at any time and from time to time be amended in the manner provided in this
section. (b)(1) The board of directors of the district shall first adopt a resolution proposing
an amendment to the certificate of incorporation which shall be set forth in full in the said
resolution and which amendment may include: a. A change in the name of the district; b. The
addition to the service area of the district of new territory lying within any municipality
or, in the case of territory not lying within any municipality, any county in which the district's
then existing service area lies; c. Provisions for the operation of a system or facility the
operation of which is not then provided for in the certificate of incorporation of the district
and which the district is authorized by this chapter to operate;...
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11-41-2
Section 11-41-2 Notice of filing; determination of statutory compliance; objections; ordering
and notice of election; contest of election. (a) Upon the filing of the verified application
with the judge of probate, the judge of probate shall give notice of the filing of the application
by publication in one or more newspapers published in the county, if there are any, that an
application to the judge of probate has been submitted and that the judge of probate will
determine if the application complies with Section 11-41-1, and that further notice will be
given for the filing of any objections. (b) The judge of probate shall have a reasonable period
of time, not to exceed 45 days, within which to ascertain compliance with Section 11-41-1.
If the judge of probate determines that the application does not comply with Section 11-41-1,
the judge of probate shall enter an order to that effect, which order shall be sent in accordance
with the Alabama Rules of Civil Procedure. The order shall...
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11-41-8
Section 11-41-8 Validation of previously invalidated incorporations and alterations of corporate
limits. (a) In all cases prior to May 14, 2012, where there has been an attempt to organize
the inhabitants of any territory as a municipal corporation under this article, and the judge
of probate of the county in which the territory is situated has entered an order that the
inhabitants of the territory are incorporated as a town or city, as the case may be, pursuant
to Section 11-41-4, but the attempted incorporation is invalid because of some irregularity
in the procedure followed, the incorporation of that municipality so attempted to be organized
and with respect to which the order has been made is validated ab initio in accordance with
the description of the territory attempted to be incorporated as the description is contained
in the order or, if the description of the territory attempted to be incorporated is not contained
in the order in accordance with the description of the...
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11-41-5
Section 11-41-5 Ordering and notice of election of mayor and councilmen for incorporated municipalities;
conduct of election generally; qualifications for voting. Upon making such order of incorporation,
the judge of probate shall order an election to be held by the same inspectors or others appointed
by him for the purpose of electing a mayor and members of the council authorized by this title,
who shall, at such election, be elected from the city or town at large. Such inspectors shall
give 30 days' notice of the time and place of holding the election by posting a notice in
five public places within the limits of such town or city. Said inspectors shall have the
powers and discharge the duties as inspectors and clerks in municipal elections, and said
election shall be conducted, as far as practicable, in the manner prescribed in this title
for the election of city or town officers, and no person shall vote at such election unless
he is a qualified elector of the county and has...
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45-49-140.33
Section 45-49-140.33 Election requirements. (a) If the planned expansion of a municipal police
jurisdiction includes any portion of the Turnerville fire protection district, the council
or governing body of the respective municipality may request that the Judge of Probate of
Mobile County order an election to be held in the affected area. Only those qualified electors
residing within the boundaries of the affected area shall participate in the election. (1)
The council or governing body of the municipality may pass a resolution stating that the public
health or public good requires that the affected area, as described in the resolution, shall
be brought within the police jurisdiction of the municipality. (2) The mayor or other executive
head of the municipality shall certify and file a copy of the resolution together with a map
of the area showing its relationship to the municipal police jurisdiction to which the property
is proposed to be included, with the judge of probate. (3) At...
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45-8A-110
Section 45-8A-110 Annexation based on resolution of public health or public good; elections.
(a) Whenever the council of the City of Oxford shall pass a resolution to the effect that
the public health or public good requires that certain territory (described in the resolution)
shall be brought within the limits of the City of Oxford: (1) It shall be the duty of the
mayor to certify a copy of such resolution to the Judge of Probate of Calhoun County and the
certified resolution shall have attached thereto a plat or map of the territory proposed to
be annexed, which certified resolution and plat or map shall be filed by the judge of probate.
(2) Within 10 days from the date of the filing of such resolution, the judge of probate must
make and enter an order upon the minutes of the court, directing and ordering an election
to be held by the qualified electors residing within the territory described, not less than
20 days nor more than 40 days from the date of the making of the order. The...
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11-42-2
Section 11-42-2 Annexation election and proceedings generally; proceedings where parties consent
to annexation. Whenever the council shall pass a resolution to the effect that the public
health or public good requires that certain territory (described in the resolution) shall
be brought within the limits of the city or town: (1) It shall be the duty of the mayor to
certify a copy of such resolution to the judge of probate of the county in which the land
proposed to be annexed is situated, and said certified resolution shall have attached thereto
a plat or map of said territory, which certified resolution and plat or map shall be filed
by the judge of probate. (2) Except as provided in subdivision (9) of this section, the judge
of probate shall, not less than 10 nor more than 15 days from the date of the filing of such
resolution, make and enter an order upon the minutes of said court, directing and ordering
an election to be held by the qualified electors residing within the territory...
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