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11-44F-1
Section 11-44F-1 Adoption of mayor-council form of government where commission form violates
federal Voting Rights Act; division into single-member districts; residence requirements for
candidates and electors. Any Class 8 municipality operating under a commission form of government
with its members elected at large and which at large system has been decreed to be in violation
of the federal Voting Rights Act by a court of law may, by an ordinance duly adopted not less
than three months prior to the regular municipal election, adopt a mayor-council form of government
with the mayor elected at large and a five-member council elected from single-member districts.
The ordinance shall divide the municipality into five single-member districts of nearly equal
population and shall provide that candidates for election for a place on the council shall
have resided within the district from which he or she seeks election for a period of 90 days
immediately preceding the date of the election, and...
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11-44D-5
Section 11-44D-5 Council-manager form of government. If a majority of the qualified electors
voting in the referendum herein choose a council-manager form of government the following
provisions of this chapter shall be applicable: (1) The municipality shall thereafter and
as provided in this chapter be governed by a council-manager form of government, with a five-member
council elected from single-member districts, which municipality shall have the same powers
and duties as other council-manager municipalities organized under chapter 43A, Title 11,
and any other powers and duties not inconsistent with this chapter, which may have been heretofore
granted to such municipalities. (2) The council shall include five members who shall be elected
from districts, which shall be, as near as practicable, of equal population according to the
last federal decennial census, but not more than five percent, more or less, than the average
of the five districts. (3) The council members shall be...
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11-52-80.1
Section 11-52-80.1 Board of Adjustment - Definitions; membership; reversing, affirming or modifying
decisions, etc.; terms of planning commission members terminated; duties, powers, etc. (a)
When used in this section, the words municipality, municipalities, and mayor shall have the
meanings as provided for in Section 11-52-1. (b) The council of any Class 5 municipality with
a city manager or mayor commission form of government may determine by ordinance that any
board of adjustment of the municipality created pursuant to Section 11-52-80, shall consist
of seven members: six regular members appointed by the council and representing as equally
as possible the several districts, wards, or other areas of the municipality, to be determined
by the council, and one regular member appointed by the mayor. (c) In exercising the powers
in subsection (d) of Section 11-52-80, the board may reverse, affirm, or may modify the order,
requirement, decision, or determination appealed from and may enter...
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11-43A-9
Section 11-43A-9 Election of municipal officers; division of municipality into districts; qualifications
and eligibility of candidates; runoff election; term of office; exception for Class 6 cities.
(a) In all cities to which this section applies, except Class 6 cities wherein the municipal
governing body has elected to have a nine-member council, as authorized in Section 11-43A-8,
the election for the first officers of the municipality shall be held on the same date as
the date of election for the next ensuing general municipal election. Except as otherwise
provided for in Section 11-43A-1.1, the election of the governing body of the municipality
shall cause the municipality to be divided into three districts containing as nearly an equal
number of people as possible. Candidates shall qualify in the manner prescribed in the general
municipal election laws and shall have the qualifications and eligibility set forth therein.
Each candidate shall announce that he or she is to become a...
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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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45-37-121
Section 45-37-121 Definitions. (a) In this part words used in the masculine gender include
the feminine and neuter genders and words used in the neuter gender include the masculine
and feminine genders. (b) The terms governing body, governing bodies, and government as used
in this part shall include the county board of health. (c) The following words, terms, and
phrases, wherever used in this part, shall have the meanings respectively ascribed to them
in this subsection unless the context plainly indicates a contrary meaning: (1) APPOINTING
AUTHORITY or APPOINTING POWER. The person, officer, board, council, commission, or other body,
including the county board of health, whose lawful jurisdiction or powers are confined wholly
or primarily within the territorial limits of such county and who or which possesses final
power to appoint persons to services, jobs, offices, or positions, the compensation of which
is paid in whole or in part from the public funds of such county or from the...
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11-99A-4
Section 11-99A-4 Establishment of districts. (a) One or more owners of land wishing to form
a district in a municipality or a county may petition the municipality or county to form a
district as follows: (1) The owners shall prepare a written petition executed by the owners
of all land proposed to be included within the district. (2) The petition shall include a
description of the tract or tracts of land proposed to be included within the district, which
may include less than all of any individual tract of land. The description shall be sufficient
if it refers to tax assessment tracts in accordance with the tax assessor's numbering or other
reference system, by metes and bounds, by subdivision lot, by reference to recorded deeds,
or by other reasonable reference method. (3) The petition shall include a map or plat of the
proposed district, showing that, if the district is created, (i) with respect to a petition
being submitted to a municipality, the land will be contiguous with land...
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11-48-5
Section 11-48-5 Adoption of ordinance or resolution describing proposed improvement, ordering
preparation of plans, specifications, etc., thereof, etc. (a) When the council of any city
or town shall determine to open, widen, extend, construct, or improve any street, alley, avenue,
sidewalk, highway, or other public place or to make any other public improvements or undertake
any work authorized by the provisions of this article, the cost of which or any part thereof
it is proposed to assess against the property abutting on, served, illuminated, drained, elevated,
reclaimed, protected, or otherwise specially benefited or increased in value by said improvements,
it shall adopt an ordinance or resolution to that effect, describing the nature and extent
of the work, the general character of the materials to be used and the location and terminal
point thereof and the streets, avenues, alleys, or other highways or parts thereof embraced
therein, and it shall direct that full details,...
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11-43-42
Section 11-43-42 Exercise of functions of mayor during absence or disability of mayor; filling
of vacancies in offices of mayor, president and president pro tempore of council. (a) In case
of the absence of the mayor from a city of 12,000 or more inhabitants or his inability to
serve on account of sickness or any other good reason, the president of the council or the
president pro tempore of the council in case of absence or disability of the president of
the council shall act as mayor pro tempore with the power and authority of the mayor during
such time. In the event of a failure or refusal of the president of the council or the president
pro tempore of the council to act, the council may appoint one of its members to act as mayor
pro tempore with like effect, which appointment shall be entered in the minutes of the council.
In the event of a vacancy from any cause in the office of mayor, the president of the council
shall succeed to the office of mayor for the unexpired term. In the...
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11-52-31
Section 11-52-31 Adoption, publication, and certification of subdivision regulations; contents
of regulations; bond. (a) Except where the county commission is responsible for the regulation
of subdivision regulations within the territorial jurisdiction of a municipal planning commission
pursuant to Section 11-52-30, the municipal planning commission shall adopt subdivision regulations
governing the subdivision of land within its jurisdiction. The regulations may provide for
the proper arrangement of streets in relation to other existing or planned streets and to
the master plan, for adequate and convenient open spaces for traffic, utilities, access of
fire-fighting apparatus, recreation, light and air and for the avoidance of congestion of
population, including minimum width and area of lots. The regulations may include provisions
as to the extent to which streets and other ways shall be graded and improved and to which
water and sewer and other utility mains, piping, or other...
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