Code of Alabama

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45-37-140.13
Section 45-37-140.13 Annexation; referendum; hearing; reestablishment of boundaries. (a) Whenever
any municipal corporation in Jefferson County annexes any portion of a district and a petition
is filed with the clerk of the municipality requesting annexation of the remaining portion
of the district, the petition containing the following: (1) signatures of 20 percent of the
qualified electors residing within the district or signatures of 200 qualified electors, whichever
is less, and (2) a written statement signed by at least two members of the board of trustees
of the district reciting that those signing the petition constitute either 10 percent of the
qualified electors residing within the district or 100 qualified electors residing within
the district, whichever is applicable, and (3) a description of the district; then the governing
body of such municipal corporation shall provide for and finance the cost of a referendum
election wherein the remaining qualified voter residents of...
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45-37A-52.251
Section 45-37A-52.251 Petition for change of form of government. Such change, however, shall
first be initiated by petition and submitted to a vote of the qualified electors at an election
and shall receive at such election a majority of the votes yes or in favor thereof in the
same manner and subject to the same requirements as provided in Sections 45-37A-52.01 to 45-37A-52.04,
inclusive, except that the proposition on the ballot shall be changed to reflect the proposed
form of municipal government to be submitted to the vote of the qualified electors. The officers
and members of the governing body of such newly adopted form of municipal government shall
be elected as soon as may be under the provisions of law applicable thereto; and upon their
election and qualification for office the term of office of all members of the council under
the mayor-council form of government shall terminate. (Acts 1955, No. 452, p. 1004, ยง9.02.)...

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45-25A-40
Section 45-25A-40 Composition; election of members; vacancies. (a) Any law, whether special,
local, or general, or municipal ordinance, to the contrary notwithstanding, the City of Fort
Payne, in DeKalb County, shall not designate by place number, or by other similar method,
seats for city council. (b)(1) In the election for the five members of the city council, if
there are more than five candidates, then the majority of the votes cast for the office in
the election shall be determined by dividing the total votes cast for all candidates for the
offices by the number of positions to be filled, and then dividing that result by two. Any
number of votes in excess of the number determined by the last division shall be the majority
necessary for election. (2) If it appears that any candidate in the election has received
a majority of the votes cast for that office, the municipal governing body shall declare that
candidate elected to the office, and a certificate of election shall be given...
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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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45-23A-21
Section 45-23A-21 City council. (a) Notwithstanding any law, whether special, local, general,
or municipal ordinance, to the contrary, pursuant to Civil Action No. 85-T-1332-N, U.S. District
Court for the Middle District Northern Division Federal Court Order, the City of Daleville
in Dale County, shall not designate by place number or by other similar method seats for its
city council. (b) The City Council of the City of Daleville, Alabama, shall consist of five
members elected at large, without designated or numbered places. In the election of members
of the city council, the five candidates receiving the highest number of votes shall be elected
to the council. There shall be no runoff election. In the event of a tie vote for the fifth
highest receiving votes, the winner shall be selected by a majority vote of the newly elected
mayor and council. In the election for members of the city council, each qualified voter shall
be entitled to vote for any number of candidates from one to...
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11-89C-4
Section 11-89C-4 Powers of public corporation; requirements for development or adoption of
rules, procedures, ordinances, etc. (a) When expressly required to comply with storm water
laws, any public corporation created pursuant to this chapter shall have the following powers:
(1) To establish, maintain, and operate an organizational structure pursuant to this chapter,
its original or amended certification, and its bylaws or other rules of procedure, that will
enable it to implement the storm water laws for and on behalf of any governing body that exercises
the option to participate in or with a public corporation, provided that no new or greater
authorities or powers other than those specifically granted to the governing bodies are conferred
upon any public corporation formed pursuant to this chapter. Except for the authority provided
in subdivision (20), authority to enforce the storm water laws is retained wholly and exclusively
to the governing bodies and may not be further...
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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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45-23A-92
Section 45-23A-92 Ad valorem tax. (a) The governing body of the City of Ozark in Dale County
may levy and collect an additional ad valorem tax at a rate not exceeding seven mills per
each one dollar ($1) on the value of the taxable property within the city, the proceeds of
which tax shall be used exclusively first for the retirement of the debt created pursuant
to the construction and additions to Carroll High School, and thereafter for educational and
school purposes as determined by the Ozark City Council; provided, however, the rate of such
tax, the time it is to continue and the purpose thereof shall have been first submitted to
a vote of the qualified electors of the City of Ozark and voted for by a majority of those
voting at such election. The additional taxes levied and imposed by this section shall become
effective October 1, 1987, upon referendum approved by a majority of the qualified electors
of the municipality, called by the municipal governing body at the next special,...
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11-51-90
Section 11-51-90 Municipal business licenses; branch offices; application. (a) All municipalities
shall have the following powers: (1) To license any exhibition, trade, business, vocation,
occupation, or profession not prohibited by the Constitution or laws of the state which may
be engaged in or carried on in the municipality. (2) To fix the amount of licenses, the time
for which they are to run, not exceeding one license year, to provide a penalty for doing
business without a license, and to charge a fee not exceeding ten dollars ($10) for issuing
each license. The issuance fee shall be increased every five license years by the Department
of Revenue by an amount equal to the percentage increase, if any, in the U.S. Department of
Labor's Producer Price Index during that five-year period, rounded to the nearest dollar,
with the base year being 2006. The Department of Revenue shall notify all municipalities and
the Alabama League of Municipalities of any such fee increase no later than...
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22-21-314
Section 22-21-314 Certificate of incorporation - Filing; form and contents; recordation. (a)
Within 40 days following the adoption of the authorizing resolution (or, if there is more
than one, the last adopted thereof), the applicants shall proceed to incorporate an authority
by filing for record, in the office of the judge of probate of the county in which the principal
office of the authority is to be located, a certificate of incorporation which shall comply
in form and substance with the requirements of this section, shall be in the form and executed
in the manner herein provided and shall also be in the form theretofore approved by the governing
body of each authorizing subdivision. (b) In addition to any other provisions required by
this article to be included therein, the certificate of incorporation of an authority shall
state: (1) The names of the incorporators, together with the address of the residence of each
thereof, and either a. where the authorizing subdivision is a...
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