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11-44B-41
Section 11-44B-41 Definitions. As used in this article, unless the context indicates otherwise,
the following words, terms, and phrases shall have the meanings ascribed to them: (1) APPOINTING
AUTHORITY. Depending upon the context, either the mayor, who shall appoint all department
heads, or the department heads, who shall appoint all other covered employees pursuant to
the provisions herein. (2) APPOINTMENT. Depending upon the context, selection by the appointing
authority to a covered job or selection by the Governor, Lieutenant Governor, or the Speaker
of the House of Representatives of this state of a person to serve on the board. (3) BASE
PAY. The regular compensation for covered employees as most recently established or authorized
by city ordinance, not to include overtime pay, job assignment pay, incentive pay, bonuses
or any other special, temporary, supplemental, or conditional pay. Base pay is usually expressed
annually, but may also, if so indicated, be expressed biweekly or...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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45-37A-56
Section 45-37A-56 Zoning board of adjustment. (a) The governing body of any city which may
now or hereafter have a population of 300,000 inhabitants or more, according to the last or
any subsequent federal census and which may now or hereafter have in force and effect a comprehensive
zoning ordinance shall provide for the appointment of a zoning board of adjustment and in
the zoning regulations and restrictions adopted by the city pursuant to the authority of the
laws of this state, provide that the zoning board of adjustment, in appropriate cases and
subject to appropriate conditions and safeguards, shall make special exceptions to the terms
of the zoning ordinance of the city in harmony with its general purpose and intent, and in
accordance with general or specific rules therein contained. The zoning board of adjustment
shall consist of seven members, each to be appointed by the governing body of the city, and
each shall hold office for a term of seven years or until the time as his...
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9-8-26
Section 9-8-26 Land-use regulations - Procedure for adoption; amendment, repeal, etc.; contents;
publication, etc. (a) The supervisors of any district shall have authority to formulate regulations
governing the use of lands within the district in the interest of conserving soil and soil
resources and preventing and controlling soil erosion. The supervisors may conduct such public
meetings and public hearings upon tentative regulations as may be necessary to assist them
in this work. The supervisors shall not have authority to enact such land-use regulations
into law until after they shall have caused due notice to be given of their intention to conduct
a referendum for submission of such regulations to the owners of lands lying within the boundaries
of the district for their indication of approval or disapproval of such proposed regulations
and until after the supervisors have considered the result of such referendum. The proposed
regulations shall be embodied in a proposed ordinance....
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11-43A-18
Section 11-43A-18 Appointment of city manager; temporary acting city manager; removal; dealings
with administrative service. The council, by a majority vote of the whole qualified membership
of the council, shall appoint a city manager, who shall be an officer of the city, and shall
have the powers to perform the duties in this article provided. No councilman shall receive
such appointment during the term for which the council member shall have been elected nor
within one year after expiration of the term. Any civil service act applicable to the municipality
shall not apply to the appointment or the removal of the city manager. A temporary acting
city manager may be designated by the council to serve for not more than four months in these
events, but only in these events: (1) When the first council takes office after adoption of
this article or (2) following the removal of any permanent city manager. Such temporary acting
city manager shall perform the duties and assume the obligations...
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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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11-44B-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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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope. (a) Except
where otherwise specifically prohibited or provided for either heretofore or hereafter by
general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127,
control of animals and animal nuisances. (3) Control of litter as defined in subsection (b)
of Section 13A-7-29, or rubbish as defined in subdivision...
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11-99B-12
Section 11-99B-12 Loans, sales, grants, guarantees, contractual or lease obligations of money
or property, to district by counties, municipalities, and public corporations. (a) For the
purpose of securing services of or the right to use or the use by its citizens or customers
of one or more projects of a district, or aiding or cooperating with the district in the planning,
development, undertaking, acquisition, construction, extension, improvement, financing, operation,
or protection of a project, any county, municipality, or other political subdivision, public
corporation, agency, or instrumentality of this state may, upon such terms and with or without
consideration, as it may determine: (1) Lend or donate money to, guarantee all or any part
of the indebtedness or operating expense of, or perform services for the benefit of, the district.
(2) Donate, sell, convey, transfer, lease, or grant to the district, without the necessity
of authorization at any election of qualified voters,...
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