11-43A-104
Section 11-43A-104 Effect of article on pending litigation. No action or proceeding, civil
or criminal, pending at the time of the adoption of the council-manager form of government
under this article, brought by or against the municipality or any office, department, board
or agency thereof, shall be affected or abated by the adoption of the council-manager form
of government under this article or by anything herein contained in this article. (Acts 1991,
No. 91-545, p. 973, §35.)...
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11-43C-24
Section 11-43C-24 City clerk continued in office; applicability of merit system; appointment
of successor; duties. The city clerk serving under the merit system at the time that this
chapter becomes effective shall continue to hold office as the city clerk under the mayor-council
form of government of such city, and his successor shall be selected and hold office subject
to the provisions of such merit system. The city clerk shall give notice of special or called
meetings of the council, shall keep the journal of its proceedings, shall authenticate by
his signature and record in full in a book kept for such purpose all ordinances and resolutions
and shall perform such other duties as shall be required by this chapter, or by ordinance,
or such duties as are imposed by general law of Alabama upon city clerks. (Acts 1987, No.
87-102, p. 116, §24.)...
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11-44D-14
Section 11-44D-14 Civil service officers continued. Any person holding an office or position
in the civil service of such municipality when the new form of government shall be adopted
shall continue to hold such office in the civil service under the new form of government and
with the same status, rights, and privileges and subject to the same conditions under such
applicable civil service system. (Acts 1986, No. 86-195, p. 240, §14.)...
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45-8A-23.236
Section 45-8A-23.236 Pending actions and proceedings. No action or proceeding, civil or criminal,
pending at the time of the adoption of the council-manager form of government, brought by
or against the city or any office, department, board, or agency or officer thereof, shall
be affected or abated by the adoption of the council-manager form of government or by anything
therein contained in this part. (Acts 1953, No. 404, p. 472, §8.07.)...
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45-8A-23.231
Section 45-8A-23.231 Continuance of present officers. All persons holding administrative office
at the time the council-manager form of government is adopted shall continue in office and
in the performance of their duties until provision shall have been made in accordance therewith
for the performance of such duties or the discontinuance of such office. The powers conferred
and the duties imposed upon any office, department, board, or agency of the city by the laws
of the state shall, if such office, department, board, or agency, be abolished by this part,
or under its authority, be thereafter exercised and discharged by the office, department,
board, or agency designated by the council unless otherwise provided herein. (Acts 1953, No.
404, p. 472, §8.02.)...
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11-43A-114
Section 11-43A-114 Referendum ballots. At such referendum, the proposition to be submitted
shall be printed in plain prominent type on ballots separate and distinct from ballots used
for any other office or question and shall read as follows: "Check one of the following:
(1) The City of ___ shall adopt and operate under the council-manager form of government pursuant
to the 'Council-Manager Act of 1991.' Yes ( ). or (2) The City of ___ shall adopt and operate
under the mayor-council form of government pursuant to Section 11-43-1 et seq. Yes ( )."
The voter shall mark his ballot with a cross mark (X) after the proposition which expresses
his choice. If voting machines are used at any voting place in such election, the above propositions
may, at the discretion of the election commission or other body or official having charge
of the conduct of municipal elections, be submitted as separate propositions on voting machines
so used. (Acts 1991, No. 91-545, p. 973, §45.)...
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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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11-44E-146
Section 11-44E-146 Pending legal actions and proceedings. No action or proceeding, civil or
criminal, pending at the time of the adoption of the mayor/commission/city manager 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 adoption of the mayor/commission/city manager
form of government or by anything herein 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 under this chapter. (Acts
1988, No. 88-445, p. 660, §8.07; Acts 1989, No. 89-525.)...
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45-8A-23.239
Section 45-8A-23.239 When provisions take effect. For the purpose of nominating and electing
members of the council, the provisions of this part shall become applicable to any city adopting
the council-manager form of government upon the filing of the certificate of adoption by the
judge of probate with the mayor of the city as provided for in Section 45-8A-23.004. For all
other purposes the provisions of this part shall become applicable to the city at the time
when the first council of such city elected under the provisions hereof takes office and qualifies.
(Acts 1953, No. 404, p. 472, §8.10.)...
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