45-37A-52.01
Section 45-37A-52.01 Petition for election. The filing of a petition signed by 10 percent or
more of the qualified electors of such city, asking that the proposition of the adoption of
the mayor-council form of government for such city be submitted to the qualified voters thereof,
with the judge of probate of the county in which such city is located, shall mandatorily require
an election to be held as herein provided. Whenever such a petition purporting to be signed
by at least 10 percent of the qualified voters of such city shall be presented to such judge
of probate, he or she shall examine such petition and determine whether or not the same is
signed by at least 10 percent of the qualified voters of such city, and if such petition is
signed by the requisite number of voters to require such an election, he or she shall within
15 days from the receipt of such petition certify such fact to the mayor or other chief executive
officer of the city for which such election is so petitioned,...
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45-37A-52.160
Section 45-37A-52.160 Director of finance - Appointment. There shall be a department of finance,
the head of which shall be the director of finance, who shall be appointed by the mayor, subject
to any merit or civil service system which is applicable to such city. He or she shall be
the chief financial officer of the city. The chief financial officer of any city which adopts
the mayor-council form of government who holds office under any civil service or merit system
applicable to such city shall be the first director of finance under the mayor-council form
of government. (Acts 1955, No. 452, p. 1004, §6.01.)...
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11-43D-1
Section 11-43D-1 Cities to which chapter applies; form of ordinance. The governing body of
any Class 5 municipality operating under a United States district court consent decree approved
by the court in the case of Tolbert and Petty vs. the City of Bessemer, Civil Action No. 75-297,
by a majority vote of the members thereof may adopt an ordinance establishing a mayor-council
form of government pursuant to the terms and conditions of this chapter. Any municipality
desiring to adopt a form of government provided for herein shall adopt an ordinance in substantially
the following form: "BE IT ORDAINED BY THE COUNCIL OF THE CITY OF _____ AS FOLLOWS: "Section
1. That pursuant to Act 89-750 of the 1989 Regular Session of the Legislature, the mayor-council
form of government pursuant to the United States district court decree agreed to by the parties
and approved by the court on the 18th day of October, 1985, in the case of Tolbert and Petty
vs. the City of Bessemer, under which the...
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45-2A-30.01
Section 45-2A-30.01 Governing body. (a) The governing body of the City of Daphne shall consist
of a mayor-council-city manager. The mayor shall be elected at large, represent the City of
Daphne at all ceremonial functions and have veto power over all ordinances and resolutions
of a general and permanent nature. The council shall consist of seven members elected by districts
in compliance with the Voting Rights Act of 1964. The council shall exercise the legislative
functions of the city, shall have the power to appoint and remove a city manager, board, commission
and/or committee member, to establish other administrative departments, to distribute the
work of such departments, and promulgate rules and regulations for the operation thereof.
(b) The council shall be presided over by a president elected by a majority vote of the council
members and the president of the council shall be a voting member of the council. (c) The
city manager shall be the head of the administrative branch of...
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45-37A-52.02
Section 45-37A-52.02 Call of election. The mayor or other chief executive officer of such city
shall immediately upon receipt of such certificate from the judge of probate, by proclamation,
submit the question of the adoption of the mayor-council form of government for such city,
under this part, at a special election to be held at a time specified in such proclamation,
not less than 40 days and not more than 60 days after the receipt of the certificate from
the judge of probate, unless a general or regular election is to be held within 90 days after
receipt of such certificate, in which event the special election herein provided for shall
be held at the same time as such general or regular election. Should the election not be called
by proclamation within 10 days after receipt of the certificate, the judge of probate shall
call such election by order at a time specified therein but not less than 40 days and not
more than 60 days after the receipt by the mayor or other chief executive...
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45-37A-52.06
Section 45-37A-52.06 Election of first council and first mayor; terms of office. Immediately
upon the adoption of such form of government, the judge of probate of the county with whom
the petition was filed shall call an election to be held under and to be governed by this
part not less than 90 days nor more than 120 days after the date of such call, the expense
thereof to be paid by such city, for the election at large of nine council members and a mayor
by the qualified voters of such city. The nine candidates for the council receiving a majority
of the votes cast in the election shall be elected to the council; and in the event that nine
candidates should fail to receive such a majority, then and in that event those candidates
for the council receiving a majority shall be elected, and another election shall be held
upon the same day of the week four weeks thereafter to be called and held in the same mode
and manner and under the same rules and regulations. In the second election...
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45-8A-23.239
Section 45-8A-23.239 When provisions take effect. For the purpose of nominating and electing
members of the council, the provisions of this part shall become applicable to any city adopting
the council-manager form of government upon the filing of the certificate of adoption by the
judge of probate with the mayor of the city as provided for in Section 45-8A-23.004. For all
other purposes the provisions of this part shall become applicable to the city at the time
when the first council of such city elected under the provisions hereof takes office and qualifies.
(Acts 1953, No. 404, p. 472, §8.10.)...
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11-43-40
Section 11-43-40 Composition of city councils; voting by president of council. (a) Except as
provided in Section 11-43-2 as it relates to the legislative functions of the mayor in cities
and towns having a population of 12,000 or more but less than 25,000 inhabitants according
to the most recent or any subsequent federal decennial census, in cities having a population
of 12,000 or more, the following officers shall be elected at each general municipal election,
who shall compose the city council for the cities and who shall hold office for four years
and until their successors are elected and qualified, and who shall exercise the legislative
functions of city government and any other powers and duties which are or may be vested by
law in the city council or its members: (1) In cities having seven wards or less, a president
of the city council and two aldermen from each ward, to be elected by the qualified voters
of the several wards voting separately in every ward; except, that in...
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11-43B-28.1
Section 11-43B-28.1 Increase in membership of city board of education and waterworks and sewer
board. In any Class 4 municipality which has adopted a mayor-council form of government pursuant
to Chapter 43B (commencing with Section 11-43B-1) of Title 11, the membership of the city
board of education and the waterworks and sewer board may be increased to seven members. The
additional members shall be appointed in the same manner as the present members are appointed
and shall serve the same term as set by law. The initial appointments for the additional positions
shall serve for full terms. (Acts 1994, No. 94-133, p. 172, §1.)...
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11-52-1
Section 11-52-1 Definitions. When used in this chapter, the following words or phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) MUNICIPALITY or MUNICIPAL. Cities or towns. (2) MAYOR. The chief executive of the municipality,
whether the official designation of his office be mayor, city manager, or otherwise. (3) COUNCIL.
The chief legislative body of the municipality. (4) COUNTY COMMISSION. The chief administrative
or legislative body of the county. (5) STREETS. Streets, avenues, boulevards, roads, lanes,
alleys, viaducts, and other ways. (6) SUBDIVISION. The division of a lot, tract, or parcel
of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether
immediate or future, of sale, of lease, or of building development. The term includes resubdivision
and, when appropriate to the context, relates to the process of subdividing or to the land
or territory subdivided. (Acts 1935, No. 534, p....
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