Title 11 — Title 11

Acknowledgment; Filing with Probate Judge; Recordation by Probate Judge; Amendment. (a) Within 40 days following the adoption of the most recent authorizing resolution, the applicants shall proceed to incorporate an authority by filing for record in the office of the judge of pro…

(a) Each authority shall have a board of directors composed of the number of directors provided in the certificate of incorporation, as most recently amended. Unless provided to the contrary in its certificate of incorporation, all powers of the authority shall be exercised, and …

Power of Eminent Domain. (a) In addition to all other powers at any time conferred on it by law, and subject to any express provisions of its certificate of incorporation to the contrary, an authority shall have the following lawful powers, together with all powers incidental the…

Etc., to Properties Thereof Upon Dissolution. At any time when an authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon filing for record of a …

Cemeteries, Etc. All cities and towns of this state shall have the power to exercise police jurisdiction over all lands purchased or acquired by the city or town for the purpose of being used or occupied as a hospital, quarantine station, poorhouse, pesthouse, workhouse or house …

Neither this article nor anything contained in this article shall be construed as a limitation or restriction upon any power which a municipality might otherwise have under the laws of the State of Alabama and this article shall be construed as cumulative of such powers. History:…

Denominations; Rate of Interest; Redemption; Issuance and Sale. Bonds of an authority may be executed and delivered by it at any time, shall be in the form and denominations and of the tenor and maturity or maturities not exceeding 30 years from their date, shall bear the rate or…

Maturity; Limitation on Principal Amount; Use of Proceeds; Effectuation of Refunding by Sale or Exchange of Bonds. (a) An authority may at any time and from time to time sell and issue its refunding bonds for the purpose of refunding the principal of and interest on any then outs…

All bonds of an authority shall be signed in the name and behalf of the authority by its chair or vice-chair, and the seal of the authority shall be affixed thereto and attested by its secretary or an assistant secretary. Notwithstanding the foregoing, facsimiles of the signature…

Payment; Mortgages, Security Interests, or Assignments as Security for Payment. (a) Any bonds issued by an authority shall be revenue bonds and shall be payable solely out of the revenues of the authority as may be designated in the proceedings of the board under which the bonds …

Not Needed for Original Purposes. (a) The principal proceeds derived from any borrowing made by an authority shall be used solely for the purpose or purposes for which the borrowing was authorized. If any bonds are issued for the purpose of financing costs of acquiring, construct…

Municipality, or Other Political Subdivision, Etc., to Achieve Objectives of Article; Funding Agreements; Amount of Indebtedness Under Funding Agreements. (a) For the purpose of attaining the objectives of this article, any county, municipality, or other political subdivision, or…

Bonds issued by an authority shall be construed to be negotiable instruments although payable solely from a specified or limited source. History: (Acts 1996, No. 96-320, p. 361, §9.)

The property and income of an authority, all bonds issued by an authority, the interest on the bonds, conveyances by or to an authority, and leases, deeds, or indentures by or to an authority shall be exempt from all taxation in the state. All tangible personal property sold by a…

Interest Rates. Each authority shall be exempt from the laws of the state governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of Chapter 8 of Title 8. History: (Acts 1996, No. 96-320, p. 361, §11.)

All claims against the municipality (except bonds and interest coupons and claims for damages) shall be presented to the clerk for payment within two years from the accrual of said claim or shall be barred. Claims for damages growing out of torts shall be presented within six mon…

An authority and all contracts made by it shall comply with the laws of the state requiring competitive bids for any contract to be entered into by municipalities or public corporations including, without limitation, the provisions of Article 3 of Chapter 16 of Title 41. History:…

The bonds of an authority shall be legal investments in which the state and its agencies and instrumentalities, all counties, municipalities, and other political subdivisions of the state and public corporations organized under the laws thereof, all insurance companies and associ…

An authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event a board shall determine that sufficient provision has been made for t…

Validity of Bonds. Upon the adoption by the board of an authority of any resolution providing for the issuance of bonds, the authority shall cause a notice respecting the issuance of the bonds to be published once a week for two consecutive weeks in each county in which shall be …

Neither an authority nor a participating subdivision in an authority shall have the power of eminent domain for a project under this article. History: (Acts 1996, No. 96-320, p. 361, §16.)

Use of State Funds to Retire Indebtedness. Revenue obligations issued by any public authority pursuant to this article shall not create an obligation or debt of the State of Alabama, and no state funds shall be used to retire the principal and interest of any indebtedness issued …

by Authorities. The Alabama Administrative Procedure Act shall apply to rules adopted by authorities created pursuant to this article. History: (Acts 1996, No. 96-320, p. 361, §18.)

The State Ethics Act shall apply to members of authorities created pursuant to this article. History: (Acts 1996, No. 96-320, p. 361, §19.)

The provisions of this article are cumulative and shall not be deemed to repeal existing laws. History: (Acts 1996, No. 96-320, p. 361, §20.)

The provisions of this article shall be liberally construed to effect its purpose. History: (Acts 1996, No. 96-320, p. 361, §21.)

Employee Sued for Damages Arising Out of Performance of Official Duties; Municipal Corporation Authorized to Obtain Liability Insurance. (a) Whenever any employee of a municipal corporation of the State of Alabama shall be sued for damages arising out of the performance of his of…

When used in this article, unless the context plainly indicates otherwise, the following words and terms shall have the following meanings ascribed to them: (1) THE CITY. A city subject to this article. (2) GOVERNING BODY. The body in which the general legislative power of the ci…

of Parking Facilities. Any city in this state having a population of 34,000 or more according to the last federal decennial or any subsequent federal census is hereby authorized: (1) To plan, establish, develop, acquire, construct, enlarge, improve, maintain, equip, operate, regu…

This article shall apply to each city of the State of Alabama having a population of 34,000 or more according to the last or any subsequent federal decennial census and to no other city. History: (Acts 1977, No. 300, p. 401, §1.)

The provisions of this article are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with the provisions of this article. History: (Acts 1977, No. 300, p. 401, §4.)

(a) This section shall apply only in a Class 1 municipality. (b) Notwithstanding any other provision of law to the contrary, any office or unit of a Class 1 municipality government required or authorized to receive or collect any payments to the municipality or to state or local …

When used in this article, the following words and terms shall have the following meanings: (1) BEACH. A sandy shoreline area abutting to the Gulf of Mexico, characterized by low relief, generally of gentle slope, and some vegetation, extending into the abutting waters to a dista…

(a) Any coastal municipality may do any of the following: (1) Plan, establish, develop, construct, enlarge, improve, maintain, regulate, and protect beach projects, including, without limitation, joint beach projects with one or more other coastal municipalities. (2) Finance the …

A coastal municipality may not begin construction of a beach project until each of the following requirements have been satisfied: (1) The governing body of the coastal municipality, after a public hearing held on not less than 30 days’ public notice, has identified the following…

(a) A municipality may adopt a policy to require new employees hired by the municipality after the adoption of the policy to participate in direct deposit of the employee’s wages. (b) If a municipality elects to pay the wages of its employees by direct deposit, the municipality s…

Systems; Consolidation of Systems; Ancillary Service Contracts. (a) The governing body of any city or town may contract for the construction, reconstruction, extension, or repair of any municipal building, plant, waterworks system, or electric light and power plant or system or m…

Bonds authorized to be issued by cities and towns of the state by act of the legislature before the adoption of the constitution or by laws adopted since the adoption of said constitution may be issued by such municipality, the same after becoming reorganized under the applicable…

of Establishment or Use of Private Cemeteries Within Police Jurisdiction. All cities and towns of this state shall have the power to own, regulate, improve, lay out, and control town or city cemeteries and permit additions thereto and the establishment of new ones, either within …

Cemeteries, and Graves - Authorized. Any incorporated city or town having within its corporate limits an ancient family cemetery or burial ground or owning a cemetery or burial ground may make and enter into a contract with any interested party or parties obligating and binding t…

Cemeteries, and Graves - Manner of Contracting. All contracts made under the provisions of Section 11-47-41 shall be by ordinance, which shall state all the terms and conditions of the contract, and the same shall be passed and approved as other ordinances of such city or town an…

Contracts entered into by a municipality shall be in writing, signed and executed in the name of the city or town by the officers authorized to make the same and by the party contracting. In cases not otherwise directed by law or ordinance, such contracts shall be entered into an…

(a) The award of each contract for which bids have been submitted to a municipality shall be made to the lowest responsible bidder who may comply with such reasonable regulations as may be prescribed before the bids are called for. (b) Any person who violates any of the provision…

Remains Interred Therein - Adoption, Etc. (a) Any cemetery corporation or association, including religious bodies, owning or controlling any cemetery within this state may, with the consent and approval of the governing body of the city or town in which such cemetery is located o…

Remains Interred Therein - Specification as to Removal of Remains After Two Months. Any resolution or declaration for abandonment and removal duly adopted and made under the provisions of Section 11-47-60 shall specify and declare that at any time after the expiration of two mont…

Remains Interred Therein - Publication, Posting, and Mailing of Notice. (a) Notice of the said declaration of abandonment and of the proposed removal of the human remains from any such cemetery or part thereof shall be given to all persons interested therein by publication in a n…

Notices. (a) After the completion of the publication, posting and mailing of the “Notice of declaration of abandonment of lands for cemetery purposes and of intention to remove the human bodies interred therein,” as provided for in Section 11-47-62, and after the expiration of th…

Remains, Etc., Subject to Rules and Regulations of Board of Health. (a) Any cemetery corporation, association, corporation sole or other person owning or controlling such cemetery shall, before disinterring, transporting or removing human remains under the provisions of this divi…

or by Owner of Plat or Lot; Affidavit of Person Removing Remains. At any time prior to the removal by said cemetery corporation, association, corporation sole or other person owning or controlling said cemetery lands of the remains of any person buried therein, any relative or fr…

Abandoned Cemeteries; Reservation of Lands in Abandoned Cemeteries for Erection of Memorial Mausoleum, Etc. (a) Whenever any such cemetery corporation, association, corporation sole or other person owning or controlling any such cemetery lands from which the bodies interred there…