11-44C-11
Section 11-44C-11 Government known as "mayor-council form of government"; powers
of city vested in council; manner in which powers exercised. The municipal government of any
such city proceeding under this chapter shall be known as the "mayor-council form of
government." Pursuant to the provisions and limitations of this chapter and subject to
the limitations imposed by the Constitution of Alabama and its laws, all powers of the city
shall be vested in the council elected as herein provided and hereinafter referred to as "the
council," which shall enact ordinances, adopt budgets and determine policies. All powers
of the city shall be exercised in the manner prescribed by this chapter, or if the manner
be not prescribed, then in such manner as may be prescribed by law or by ordinance. (Acts
1985, No. 85-229, p. 96, §11.)...
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11-43C-91
Section 11-43C-91 Procedure for changing form of government; change from mayor-council form
prohibited for four years. The city is prohibited from changing from the mayor-council form
of government within four years after the adoption thereof. At the end of such period, or
at any time thereafter, the city's form of government may be amended or changed when: (i)
Awritten petition executed by 10 percent of the number of those who voted in the last city
election is submitted to the council with the proposed changes or amendments incorporated
in the petition; after presentation of the petition, the council shall call for a referendum
vote on the proposed changes and amendments, and (ii) a majority of the votes cast in the
referendum is in favor of the proposed changes or amendments. After the council receives the
proposed changes and petition, it shall call a special election for the purpose of determining
whether the city shall adopt the changes or amendments. Notice shall be given of the...
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11-44C-91
Section 11-44C-91 Procedure for changing form of government; change from mayor-council form
prohibited for two years. The city is prohibited from changing from the mayor-council form
of government within two years after the adoption thereof. At the end of such period, or at
any time thereafter, the city's form of government may be amended or changed when: (1) A written
petition executed by 10 percent of the number of those who voted in the last city election
is submitted to the council with the proposed changes or amendments incorporated in the petition;
after presentation of the petition, the council shall call for a referendum vote on the proposed
changes and amendments, and (2) A majority of the votes cast in the referendum is in favor
of the proposed changes or amendments. After the council receives the proposed changes and
petition, it shall call a special election for the purpose of determining whether the city
shall adopt the changes or amendments. Notice shall be given of the...
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11-43C-81
Section 11-43C-81 Pending legal actions and proceedings. No action or proceeding, civil or
criminal, pending at the time of the organization under the mayor-council form of government,
brought by or against the city or any office, department, or agency or officer thereof, shall
be affected or abated by the change to the mayor-council form of government or by anything
contained in this chapter; but all such actions or proceedings may be continued notwithstanding
that functions, powers, and duties of any office, department, or agency or officer party thereto
may by or under this chapter be assigned or transferred to another office, department, or
agency or officer; but in that event, the same may be prosecuted or defended by the head of
the office, department, or agency to which such functions, powers, and duties have been assigned
or transferred by or under the provisions of this chapter. (Acts 1987, No. 87-102, p. 116,
§81.)...
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11-44C-81
Section 11-44C-81 Pending legal actions and proceedings. No action or proceeding, civil or
criminal, pending at the time of the organization under the mayor-council form of government,
brought by or against the city or any office, department, or agency or officer thereof, shall
be affected or abated by the change to the mayor-council form of government or by anything
contained in this chapter; but all such actions or proceedings may be continued notwithstanding
that functions, powers, and duties of any office, department, or agency or officer party thereto
may by or under this chapter be assigned or transferred to another office, department, or
agency or officer, but in that event, the same may be prosecuted or defended by the head of
the office, department, or agency to which such functions, powers, and duties have been assigned
or transferred by or under the provisions of this chapter. (Acts 1985, No. 85-229, p. 96,
§81.)...
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11-44D-3
Section 11-44D-3 Conduct of referendum; election results determine which provisions of chapter
applicable; election expenses. The referendum shall be held and conducted in accordance with
the provisions of this title, except as herein otherwise specifically provided. If the majority
of votes shall be in favor of the mayor-council form of government, then only the applicable
provisions of this chapter shall thereby be adopted for such city; if the majority of the
votes shall be in favor of the council-manager form of government, then only the applicable
provisions of this chapter shall thereby be adopted for such city. The expenses of any and
all elections provided for in this chapter shall be paid by the city. (Acts 1986, No. 86-195,
p. 240, §3.)...
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11-43A-2
Section 11-43A-2 Petition to probate judge for election as to adoption of council-manager form
of government; examination of petition and certification to mayor. The filing of a petition
signed by 10 percent or more of the number of qualified voters who voted in the last general
municipal election held in such municipality, asking that the question of the adoption of
the council-manager form of government for such municipality be submitted to the qualified
voters thereof, with the judge of probate of the county in which such municipality 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 number of qualified voters who voted
in the last general municipal election held in such municipality shall be presented to such
judge of probate, he shall examine such petition and determine whether or not the same is
signed by at least 10 percent of the number of qualified voters who voted in...
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11-43A-3
Section 11-43A-3 Submission of question for election; proclamation of mayor; order of judge
of probate. The mayor or other chief executive officer of such municipality shall immediately
upon receipt of such certificate from the judge of probate, by proclamation, submit the question
of the adoption of the council-manager form of government for such municipality under this
article, at a special election to be held at a time specified in such proclamation, not less
than 40 days nor more than 90 days after the receipt of said certificate from said judge of
probate, unless a general election is to be held within 120 days after receipt of such certificate
in which event the special election herein provided for may be held at the same time as such
general 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 90...
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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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11-44B-11
Section 11-44B-11 City clerk, finance director, revenue director, city attorney, assistant
city attorneys, and city department heads continued in office; powers and duties; claims against
city; financial records; warrants; deposit of public money; payment of moneys due municipality;
office space, supplies, and other support. (a) If the city clerk of any city which adopts
the mayor-council form of government as herein provided holds office subject to any civil
service or merit system, such clerk shall continue to be the city clerk under the mayor-council
form of government of such city and his successors shall be selected and hold office subject
to the provisions of such civil service or merit system. The city clerk shall attend the meetings
of the council and keep a record of its proceedings. He shall have the custody of the rules,
ordinances and resolutions of the council and shall keep a record of them when adopted by
the council. He shall also have the custody of the city seal....
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