0 chapters · 2,499 sections in this title.
Ala. Code § 11-41-1 Authority; Petition to Probate Judge for Order of Incorporation
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When the inhabitants of an unincorporated community, which has a population of not less than 300, constituting a body of citizens whose residences are contiguous to and all of which form a homogeneous settlement or community, desire to become organized as a municipal corporation,…
Ala. Code § 11-41-2 Notice of Filing; Determination of Statutory Compliance; Objections;
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Ordering and Notice of Election; Contest of Election. (a) Upon the filing of the verified application with the judge of probate, the judge of probate shall give notice of the filing of the application by publication in one or more newspapers published in the county, if there are …
Ala. Code § 11-41-20 Authority
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Except as otherwise provided by local law, municipal corporations now existing or hereafter incorporated having a population of 1,100 inhabitants or less may be dissolved as provided in this article. History: (Acts 1919, No. 517, p. 739; Code 1923, §2326; Code 1940, T. 37, §17; A…
Ala. Code § 11-41-21 Petition to Probate Judge for Dissolution
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Three-fourths of the qualified voters residing within the corporate limits of any municipal corporation having a population of 1,100 inhabitants or less may, in writing, petition to the probate judge of the county in which the same is situated for a dissolution of such corporatio…
Ala. Code § 11-41-22 Notice and Hearing Upon Petition
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Upon the filing of such petition, such probate judge shall set the same down for hearing and give 30 days’ notice of such hearing by written notices stating the date and purpose of such hearing, the same to be posted at the courthouse of the county and also in a public place in t…
Ala. Code § 11-41-23 Issuance of Decree of Dissolution
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If, upon such hearing, it appears to such probate judge that three fourths of the qualified voters of such municipal corporation are in favor of the dissolution of the same, he shall make a decree dissolving such municipal corporation, and thereupon such municipal corporation sha…
Ala. Code § 11-41-24 Grounds for Forfeiture of Charter
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If any municipal corporation having a population of 1,100 inhabitants or less shall fail to elect a mayor or other chief executive officer for more than one year after the time fixed for such elections, shall fail to levy and collect city or town taxes or arrange to receive money…
Ala. Code § 11-41-25 Petition to Probate Judge for Decree of Forfeiture; Notice and Hearing
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Upon Petition. The county commission or any five qualified voters of the county in which any such corporation is situated may file with the probate judge of such county a petition in writing setting up one or more of the grounds enumerated in section 11-41-24 and praying for a de…
Ala. Code § 11-41-26 Rendition of Decree of Forfeiture and Dissolution; Appeal from Same
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If, upon such hearing, it shall appear that one of the grounds of forfeiture enumerated in section 11-41-24 exists, the probate judge shall render a decree declaring such charter forfeited and such municipality dissolved, and from any decree rendered under this section any citize…
Ala. Code § 11-41-27 Disposition of Property After Dissolution
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If any municipal corporation dissolved under the provisions of this article shall own any property, the title thereto shall vest in the county in which such municipal corporation is situated, but if such corporation shall owe any debts, such property shall be sold by the county c…
Ala. Code § 11-41-28 Fee of Probate Judge
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The probate judge shall be entitled to $5.00 for services rendered under this article, to be paid by the person or persons filing the petition. History: (Acts 1919, No. 517, p. 739; Code 1923, §2334; Code 1940, T. 37, §25.)
Ala. Code § 11-41-3 Conduct of Election Generally; Provision and Form of Ballots;
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Qualifications for Voting. The judge of probate shall appoint three qualified electors within the limits of the proposed city or town as inspectors to manage the election, which shall be conducted under the same sanction and penalties as are provided by the general election laws,…
Ala. Code § 11-41-4 Certification of Election Result to Probate Judge; Census Enumeration
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of Inhabitants; Issuance, Recordation, and Filing of Order of Incorporation; Filing Fee. Within five days after the election, the inspectors must certify the result to the judge of probate, who must, if a majority of the votes cast at the election are for “corporation,” cause an …
Ala. Code § 11-41-5 Ordering and Notice of Election of Mayor and Councilmen for
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Incorporated Municipalities; Conduct of Election Generally; Qualifications for Voting. Upon making such order of incorporation, the judge of probate shall order an election to be held by the same inspectors or others appointed by him for the purpose of electing a mayor and member…
Ala. Code § 11-41-6 Report of Election Result to Probate Judge; Issuance and Recordation
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of Order Approving Report and Election Result; Vacancies; Setting Aside, Etc., of Elections; Record and Costs of Incorporation Proceedings and Elections. Within five days after such election, inspectors shall report the result of the election to the judge of probate, who may ente…
Ala. Code § 11-41-7 Reinstatement of Corporate Organization of Dormant Municipalities;
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Appointment of Mayor and Councilmen for Same. Towns or cities that have permitted their organization to become dormant and inefficient may, by a petition of a majority of the taxpayers of such town or city to the probate judge, have their corporate organization reinstated by an o…
Ala. Code § 11-41-8 Validation of Previously Invalidated Incorporations and Alterations of
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Corporate Limits. (a) In all cases prior to May 14, 2012, where there has been an attempt to organize the inhabitants of any territory as a municipal corporation under this article, and the judge of probate of the county in which the territory is situated has entered an order tha…