Code of Alabama

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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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11-41-1
Section 11-41-1 Authority; petition to probate judge for order of incorporation. When
the inhabitants of an unincorporated community, which has a population of not less than 300,
constituting a body of citizens whose residences are contiguous to and all of which form a
homogeneous settlement or community, desire to become organized as a municipal corporation,
they may apply to the judge of probate of the county in which the territory is situated, or
the greater portion thereof if it is situated in two or more counties, for an order of incorporation,
by a petition in writing signed by not less than 15 percent of the qualified electors residing
within the limits of the proposed municipality and by the persons, firms, or corporations
owning at least 60 percent of the acreage of the platted or unplatted land of the proposed
municipality. No platted or unplatted territory shall be included within the boundary unless
there are at least four qualified electors, according to government survey,...
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11-52-30
Section 11-52-30 Territorial jurisdiction; approval of maps or plats; regulations; limits
on exercise of powers. (a) Except as otherwise provided herein, the territorial jurisdiction
of any municipal planning commission shall include all land located in the municipality and
all land lying within five miles of the corporate limits of the municipality and not located
in any other municipality; except that, in the case of any nonmunicipal land lying within
five miles of more than one municipality having a municipal planning commission, the jurisdiction
of each municipal planning commission shall terminate at a boundary line equidistant from
the respective corporate limits of such municipalities. Any alterations of a municipal planning
commission based upon annexation or deannexation of property within the corporate limits of
a municipality shall occur once a year on the first day of January and shall take effect for
any annexations which were finalized on or before the preceding first day...
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11-50-396
Section 11-50-396 Powers generally. Each district incorporated under this article shall
have each and all of the following powers, together with all powers incidental thereto or
necessary to the discharge thereof in corporate form: (1) To have succession in its corporate
name for the duration of time (which may be in perpetuity) specified in the certificate of
incorporation, or until dissolved as provided in subsection (c) of Section 11-50-392.
(2) To sue and be sued and to defend civil actions against it. (3) To have and use a corporate
seal and alter the same at pleasure. (4) To acquire, purchase, construct, receive, own, operate,
maintain, enlarge, extend, and improve any one or more gas systems the operation of which
is provided for in the certificate of incorporation of the district (whether or not such system
or systems were in existence or whether or not such system or systems were privately owned
or municipally owned prior to the acquisition by such district). (5) To receive,...
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45-5-141.20
Section 45-5-141.20 Powers and duties; annual dues; board of trustees; referendum election.
(a) This section shall apply only in Blount County. (b) A district for the delivery
of fire and emergency medical services may be formed in any unincorporated area of the county
pursuant to this section subject to the approval of a majority of the qualified electors
who vote at a referendum election for that purpose in the proposed district and for the approval
of the mandatory annual dues of the district. (c) In order to call for a referendum election
for the formation of a district, a petition signed by not less than 20 percent of the registered
voters who reside in the proposed district shall be presented to the county commission and
the Judge of Probate of Blount County. The petition shall contain an accurate legal description
of the proposed area and shall state the name of the proposed district. The petition for the
establishment of a district shall be accompanied by a request for the...
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11-42-21
Section 11-42-21 Annexation proceedings. Whenever all of the owners of property located
and contained within an area contiguous to the corporate limits of any incorporated municipality
located in the state of Alabama and such property does not lie within the corporate limits
or police jurisdiction of any other municipality, shall sign and file a written petition with
the city clerk of such municipality requesting that such property or territory be annexed
to the said municipality, and the governing body of such municipality adopts an ordinance
assenting to the annexation of said property to such municipality, the corporate limits of
said municipality shall be extended and rearranged so as to embrace and include such property
and such property or territory shall become a part of the corporate area of such municipality
upon the date of publication of said ordinance. It is provided further, that in the event
any such incorporated municipality's police jurisdiction overlaps with the police...
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11-44B-25
Section 11-44B-25 Procedures to reduce or delete areas from police jurisdiction. Notwithstanding
any law to the contrary, any Class 4 municipality that is organized pursuant to this article
may from time to time reduce or delete various portions and areas from the territorial limits
of its respective police jurisdiction or its planning jurisdiction or both as established
by law, including, but not limited to, Sections 11-40-10 and 11-52-30, Act 76-594 and as amended
by Act 94-539, the reduction and deletion shall be pursuant to the following procedure: (1)
INITIATION. The governing body of the municipality shall adopt a resolution calling for public
hearings to consider the adoption of an ordinance or ordinances for the purpose of deleting
a portion or portions of territory from its respective police jurisdiction or planning jurisdiction,
or both, as the case may be. The resolution shall state the time, date, and place of all public
hearings in regard to the ordinance and a reasonably...
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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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11-50-314
Section 11-50-314 Powers of corporation generally; provisions in mortgages, deeds of
trust, or pledge agreements executed by corporation as to rights of parties thereto, etc.
(a) Each corporation formed or the certificate of incorporation of which is amended under
this article shall have the following powers together with all powers incidental thereto or
necessary to the discharge thereof in corporate form: (1) To have succession by its corporate
name for the duration of time (which may be in perpetuity) specified in its certificate of
incorporation or until dissolved as provided in this article; (2) To sue and be sued and to
defend civil actions against it; (3) To make use of a corporate seal and to alter the same
at pleasure; (4) To acquire, purchase, construct, operate, maintain, enlarge, extend, and
improve any system or systems, the operation of which is provided for in the certificate of
incorporation of such corporation or in any amendment thereto (whether or not such system
or...
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32-5A-171
Section 32-5A-171 Maximum limits. Except when a special hazard exists that requires
lower speed for compliance with Section 32-5A-170, the limits hereinafter specified
or established as hereinafter authorized shall be maximum lawful speeds, and no person shall
drive a vehicle at a speed in excess of the maximum limits. (1) No person shall operate a
vehicle in excess of 30 miles per hour in any urban district. (2)a. No person shall operate
a motor vehicle in excess of 35 miles per hour on any unpaved road. For purposes of this chapter
the term unpaved road shall mean any highway under the jurisdiction of any county, the surface
of which consists of natural earth, mixed soil, stabilized soil, aggregate, crushed sea shells,
or similar materials without the use of asphalt, cement, or similar binders. b. No person
shall operate a motor vehicle on any county-maintained paved road in an unincorporated area
of the state at a speed in excess of 45 miles per hour unless a different maximum speed...

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