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45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic beverages.
(a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376, 825 So.
2d 109 (Ala. 2002), which states on page 115 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,...
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11-43A-28
Section 11-43A-28 Qualifications of city manager; duties; designation or appointment of administrative
officer to perform duties of manager during temporary absence or disability. The city manager
shall be chosen by the council solely on the basis of his executive and administrative qualifications
with special reference to his actual experience in, or his knowledge of, accepted practice
in respect to the duties of his office as hereinafter set forth. At the time of his appointment,
he may but need not be a resident of the municipality or state, but during his tenure of office
he shall reside within the municipality. The city manager shall be the head of the administrative
branch of the municipal government. He shall be responsible to the council for the proper
administration of all affairs of the municipality and, subject to the provisions of any civil
service or merit system law applicable to such municipality and except as otherwise provided
herein, he shall have power and shall be...
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11-43A-85
Section 11-43A-85 Qualifications of city manager; duties and powers; designation or appointment
of administrative officer to perform duties of manager during temporary absence or disability.
(a) The city manager shall be chosen by the council solely on the basis of his executive and
administrative qualifications with special reference to his actual experience in, or his knowledge
of, accepted practice with respect to the duties of his office as hereinafter set forth. At
the time of appointment, the city manager may but need not be a resident of the municipality
or state, but within 90 days of the beginning of employment, he shall become a resident and
shall continue to reside within the municipality during his employment. (b) The city manager
shall be the head of the administrative branch of the municipal government. He shall be responsible
to the council for the proper administration of all affairs of the municipality and, subject
to the provisions of any civil service or merit system...
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24-7-3
Section 24-7-3 Powers and duties; applicable laws; power of appointment. The authority is hereby
authorized: (1) To undertake research and studies and analyses of housing needs in Mobile
and Washington Counties, and means by which such needs may be met, including data with respect
to population and family groups and the distribution thereof according to income groups, the
amount and quality of available housing and its distribution according to rental and sales
prices, and employment, wages and other factors affecting the local housing needs and the
meeting thereof, and make the results and analyses available to the public and the building,
housing, and supply industries; (2) To enter into contracts with cities, towns, counties,
and other housing authorities in the state for the purpose of carrying out the provisions
of this chapter; (3) To establish rentals and select tenants in low income rental housing
projects under its jurisdiction; (4) To issue bonds, notes, and other evidence of...
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37-14-33
Section 37-14-33 Retail electric service within municipalities. (a) Primary supplier's option
to acquire facilities within existing municipal limits. - The primary electric supplier within
each municipality shall, at its option, have the right to acquire all distribution facilities
of any secondary electric supplier used to supply retail electric service within the existing
municipal limits and shall have the right to serve all premises within the existing municipal
limits of such municipality subject to the provisions of subdivisions (a)(1) through (a)(5).
Except as authorized in this section, no secondary electric supplier shall extend facilities
to serve existing or new premises within the existing municipal limits of the municipality.
(1) The primary electric supplier must announce its intention to exercise its option to acquire
the distribution facilities of secondary electric suppliers by giving written notice by registered
or certified mail to the affected secondary suppliers...
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37-16-3
Section 37-16-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADVANCED COMMUNICATIONS CAPABILITIES. The communications capabilities defined
from time to time as advanced telecommunications capabilities by the Federal Communications
Commission (FCC) through regulations, statutes, or other written guidance or orders. The term
also includes broadband systems and broadband services. (2) BROADBAND AFFILIATE. A person
that is at least 10 percent owned by an electric provider, controlled by way of ownership
interests therein, directly or indirectly, by the electric provider, or under common control
with the electric provider, and which is formed to provide, among other services, utility
support services or nonutility support services. (3) BROADBAND OPERATOR. A person that owns
or operates a broadband system within an electric easement, including the electric provider
if the electric provider is operating the broadband system and including a...
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40-21-100
Section 40-21-100 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) BUSINESS. All activities relating
to the furnishing of utility services. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) DOMESTIC WATER. All water except water that is sold to persons for use or
consumption in industrial processes and not primarily for human consumption. (4) GROSS RECEIPTS.
The value proceeding or accruing from the furnishing of utility services, all receipts actual
and accrued, without any deduction on account of the cost of the utility services sold, the
cost of the materials used, labor or service cost, interest paid, or any other expense whatever,
and without any deductions on account of losses. (5) GROSS SALES. The value proceeding or
accruing from the furnishing of utility services, and including the proceeds from the sale
of any utility services handled on consignment by the taxpayer,...
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45-37A-54.06
Section 45-37A-54.06 Park and recreation board - Officers; powers and duties; impeachment or
removal; interests of members. The members of the park and recreation board, when such board
is constituted in accordance with Section 45-37A-54.05, shall immediately meet and organize
by electing one of the members thereof as president and such other officers as may be necessary.
The governing body of any such city, in addition to the powers directly vested in such board
by this subpart, may confer upon and delegate to the park and recreation board of such city,
when established and constituted, any other power or authority conferred upon such city by
the terms of this subpart or conferred upon such city by any other provision of law, with
respect to or in connection with the establishment, conduct, development, improvement, equipment,
and maintenance of parks, park areas, park boulevards, playgrounds, recreational centers,
and recreational activities, as fully and completely as any or all...
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45-49-120.04
Section 45-49-120.04 Supervisory committee. (a) There is hereby established the Supervisory
Committee of the Mobile County Personnel Board. The supervisory committee hereby created shall
succeed to and exercise all the rights, powers, and authority, and shall perform all the duties
and functions now vested in and required of the Citizen's Supervisory Committee created by
Act 470, 1939 Regular Session (Acts 1939, p. 298) and the Supervisory Committee of the Mobile
County Personnel Board created by Act 167, 1955 Regular Session (Acts 1955, p. 431). (b) The
Supervisory Committee of the Mobile County Personnel Board shall be composed of the following:
(1) The persons holding each of the following elective offices in Mobile County, Alabama,
namely, the presiding judge of the circuit court, the judge of probate, the revenue commissioner,
the presiding judge of the District Court of Mobile County, the county license commissioner,
the Chair of the Mobile County Commission, the Sheriff of...
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22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights
and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination
thereof, according to the requirements of this article, and the rules of the department or
the health department, as authorized by this article, and if disposed of in this state, shall
be disposed in a permitted landfill or permitted incineration, or reduced in volume through
composting, materials recovery, or other existing or future means approved by and according
to the requirements of the department, under authorities granted by this article. (b) The
creation, contribution to, or operation of an unauthorized dump is declared to be a public
nuisance per se, a menace to public health, and a violation of this article. In addition to
other remedies which are available, an unauthorized dump may be enjoined through an action
in the circuit court having jurisdiction over the property in which the...
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