45-8A-23.002
Section 45-8A-23.002 Call of election by mayor. 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 council-manager 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 his or her 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...
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45-8A-23.003
Section 45-8A-23.003 Second election not called within four years. If the council-manager form
of government is not adopted at the special election so called, the question of adopting such
form of government shall not be resubmitted to the voters of such city for adoption within
four years thereafter, and then the question of adopting the form of government may be resubmitted
in the manner above provided. (Acts 1953, No. 404, p. 472, §1.04.)...
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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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45-5A-70
Section 45-5A-70 Election of board of education; referendum. (a)(1) Pursuant to Amendment 659
to the Constitution of Alabama of 1901, and as soon as practicable after final approval of
this section by the United States Department of Justice, if necessary, the Oneonta City Council
shall call an authorizing referendum election, to be held at the time of the next general
election held in the city on November 7, 2000, regarding changing the Oneonta City Board of
Education to an elected city board of education. (2) If a majority of the qualified electors
of the municipality voting in the authorizing referendum election vote in favor of an elected
city board of education, the board shall be established as provided in this section and the
Legislature, as provided in Amendment 659, from time to time, by local law may provide further
for the election and operation of the Oneonta City Board of Education. The local laws may
provide for the termination of the terms of office of members of the...
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45-8A-23.004
Section 45-8A-23.004 Question submitted; form of ballot. At such election the question to be
submitted shall be printed in plain prominent type on separate ballots and shall read as follows:
"Shall the council-manager form of government, as provided by the City Manager Act of
1953, be adopted for the City of ... ? "Yes ... . "No ..." The voter shall
mark his or her ballot with a cross mark before or after the word which expresses his or her
choice. No other question shall be submitted to the voters of such city upon this ballot.
If voting machines are used at any voting place in such election, the above question may at
the discretion of the election commission of the city or other body having charge of the conduct
of municipal elections in such city, be submitted as a separate question on voting machines
so used. (Acts 1953, No. 404, p. 472, §1.05.)...
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11-43A-3.2
Section 11-43A-3.2 Election in Class 6 municipalities - Provisions to supersede other laws
in 1983. The provisions of section 11-43A-3.1, authorizing an election in certain Class 6
municipalities in 1983 on the question of the adoption of the council-manager form of government
provided in the Council-Manager Act of 1982 and providing for the effective date of such change
if the council-manager form of government is approved, shall supersede all other laws in conflict
herewith only for the purpose of holding the election in 1983 and making the change in the
form of government approved at such election; when such purposes have been effectuated it
shall have no further force or effect. (Acts 1983, No. 83-621, p. 964, §3.)...
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11-44C-4
Section 11-44C-4 Conduct of election; portions of chapter applicable upon choosing form of
government; election expenses. The election shall be held and conducted in accordance with
the provisions of Title 11, except as herein otherwise specifically provided. If the votes
shall be in favor of the court ordered district commission 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 mayor-council 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 1985, No. 85-229,
p. 96, §4.)...
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11-44C-93
Section 11-44C-93 Provisions applicable regardless of form of government chosen. It is the
legislative intent of this bill that the following provisions shall apply regardless of which
form of government the majority of the qualified electors voting in the election provided
herein choose: (1) Within 30 days of taking office, the officials of the form of government
chosen shall adopt an ordinance to provide that all appointments made by the mayor, council
or city commission to positions in city government, boards, commissions, agencies, authorities,
or any other organization or entity of the city or to any positions to which said officials
make appointments, shall fairly and equitably reflect the makeup of the total community with
due consideration given to all demographic characteristics of the population. (2) Within 30
days of taking office, the officials of the form of government chosen shall adopt an ordinance
to provide that all contracts or agreements entered into by the city or...
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11-44C-92
Section 11-44C-92 Commission form of government. If a majority of the qualified electors voting
in the election provided herein choose the court ordered districted commission form of government
in accordance with the consent decree entered into by the parties and approved by the court
on April 7, 1983, in the case of Bolden vs.City of Mobile, Civil Action No. 75-297, then the
provisions of said court ordered districted commission form shall be applicable to said city.
The three commissioners elected under said court ordered plan from single member districts
shall sit as a board and shall possess and exercise all municipal powers, legislative, executive,
and judicial, possessed and exercised by city governing bodies as provided by sections 11-44-70
through 11-44-105, as amended, and other applicable laws, except that all functions, responsibilities
and operations of the city shall be under the direction and supervision of the board of commissioners
as a whole. All three commissioners...
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