Title 45

A corporation organized and established under this article shall have the following powers: (1) To adopt bylaws for the regulation of its affairs and the conduct of its business. (2) To adopt an official seal and alter the same at pleasure. (3) To maintain a principal office at t…

(a) The corporation shall have the power to borrow money and to issue revenue bonds as evidence of any money borrowed, which bonds shall be payable solely from the revenues derived from the activities and enterprises in which the corporation is hereby authorized to engage. As sec…

The contracts of the corporation shall be executed in the name of the corporation by the president of the corporation and attested by the secretary of the corporation. Except for bonds, it is not required that the seal be impressed or printed on contracts. It is further provided …

Mobile County or the City of Bayou La Batre, or any city within the county, is authorized, but not required, to lease, sell, donate, or otherwise convey to the corporation, real or personal property, including park properties, without the necessity of authorization by election of…

No debt, obligation, or liability contracted or incurred by the corporation or by any director, officer, employee, or agent of the corporation shall be a debt, obligation, or liability of the State of Alabama, or of any city, town, county, or political subdivision of the State of…

All property of the corporation shall be exempt from state, county, and city taxation; and the corporation shall be exempt from license or privilege licenses levied by the state, county, or city upon the business or activities conducted or engaged in by the corporation; provided,…

The governing body of the Municipality of Chickasaw shall have authority, after notice as provided herein, to move or demolish buildings and structures, or parts of buildings and structures, party walls, and foundations when the same are found by the governing body of the city to…

The term appropriate city official, as used in this article shall mean any city official or city employee designated by the mayor or other chief executive officer of the City of Chickasaw as the person to exercise the authority and perform the duties delegated by this article to …

Within the time specified in such notice, but not more than 60 days from the date such notice is given, any person, firm, or corporation having an interest in such building or structure may file a written request for a hearing before the city governing body, together with his or …

Upon demolition of such building or structure, the appropriate city official shall make report to the governing body of the cost thereof, and such governing body shall adopt a resolution fixing the costs which it finds were reasonably incurred in such demolition and assessing the…

The city shall have the power to assess the costs authorized herein against any lot or lots, parcel or parcels of land purchased by the State of Alabama at any sale for the nonpayment of taxes, and where any such assessment is made against such lot or lots, parcel or parcels of l…

Payment of any such assessment shall be made in the manner and as provided for the payment of municipal improvement assessments in Section 11-48-48, as the same has heretofore or may hereafter be amended, and upon the property owner’s failure to pay such assessment the officer de…

This article shall be cumulative in its nature, and in addition to any and all power and authority which any such city may have under any other law. (Act 82-308, p. 413, §7.)

The city governing body shall distribute all tax revenues received by the City of Citronelle, Mobile County, pursuant to Article 10, commencing with Section 28-3-280, Chapter 3, Title 28, to the Citronelle Historical Society for its operation and management. (Act 83-626, p. 975, …

(a) The governing body of the City of Citronelle shall designate the volunteer fire department serving the city and a historical society as the official volunteer fire department and the official historical society for the purposes of this section. There is hereby created a board…

(a) This section shall apply to any municipality in the State of Alabama having a population, according to the latest federal census, between 175,000 and 225,000 persons. (b) Any elected official of any such municipality who previously has served, or who is presently serving, or …

This section shall apply to the City of Mobile in Mobile County. Within 15 days after a municipal election and within 30 days after any runoff election, every candidate shall file a statement in the office of the judge of probate of the county in which the candidate resides givin…

(a) This section shall apply in all cities in this state which have a population of not less than 175,000 nor more than 275,000 according to the last or any subsequent federal decennial census. (b)(1) All employees of any such city (except members of the police or fire department…

In Mobile County, any person who retired from the Board of Health of the City of Mobile prior to September 7, 1967, is hereby authorized to receive any cost-of-living increase granted other persons who have retired from employment by the city. (Act 89-493, p. 1028, §1.)

(a) For the purposes of this section, the following terms shall have the following meanings: (1) INTERMITTENT FOOD SERVICE ESTABLISHMENT. Any entity that has a physical address within the City of Mobile that does not prepare or serve food in its regular line of business but prepa…

(a) For purposes of this section, the term inoperable motor vehicle shall mean any motor vehicle, trailer, recreational vehicle, camper, or semi-trailer that has remained on private property and in view of the general public for 30 days or any greater period fixed by the municipa…

As used in this part, the following words and terms shall have meanings as follows: (1) ANNUITY STARTING DATE. The first day for which a benefit is payable as an annuity or any other form under Section 45-49A-63.80. (2) BENEFICIARY. The person or persons named by a member by writ…

The city shall pay into the fund monthly an amount equal to five percent of all fines and moneys, except costs of court, paid as a result of prosecutions for violations of ordinances or laws of the city during the prior month. (Act 97-689, p. 1379, §7(6.01).)

(a) On or before the first day of March of each year, each insurance company writing fire insurance on property within the city limits and its police jurisdiction shall pay to the city an amount equal to four percent of its gross premiums, including all renewal premiums, less ret…

Eight percent of the salary of every uniformed officer with less than 30 years of service shall be deducted from his or her pay and shall be transferred to the fund on a monthly basis. No amounts shall be deducted from the pay of a uniformed officer who has at least 30 years of s…

Any person, firm, association, or corporation may donate money to the fund and the board may take by gift, grant, devise, or bequest any money, personal property, real estate, or any interest therein or any right of property for the benefit of the fund. Any gift, grant, devise, o…

(a) The city shall contribute to the fund an amount equal to the excess, if any, of (i) the annual actuarial cost for the plan determined as of each October 1 over (ii) all amounts contributed to the fund under Sections 45-49A-63.100, 45-49A63.101, and 45-49A63.102 during the pla…

The city may recover without interest the amount of its contributions to the plan made on account of a mistake in fact, reduced by any investment loss attributable to those contributions, if recovery is made within one year after the date of those contributions. (Act 97-689, p. 1…

(a) The board is responsible for the general administration of the plan and for carrying out the plan. The board shall consist of (i) three members to be elected from the uniformed officers in the city’s police department by the uniformed officers in that department, (ii) three m…

All elections of uniformed officers to the board shall be by secret ballot and shall be administered by the city clerk. Elections shall be held no more than six weeks and no less than two weeks prior to the expiration date for the term of any elected member of the board, as the c…

Vacancies among the elected members of the board shall be filled by special election to be called by the city clerk not later than 30 days after the vacancy occurs. Vacancies among the appointed members of the board shall be filled by appointment as soon as practicable after such…

(a) The members of the board shall elect a chair from their number; may appoint from their number such subcommittees with such powers as they shall determine; may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their …

Subject to the limitations of the plan, the board from time to time shall establish rules for the administration of the plan and the transaction of its business. The board shall have discretionary authority to interpret the plan and to make factual determinations including, but n…

(a) The board shall meet not less than once each month and at such other times as may be considered necessary by the chair of the board. All meetings shall be upon such notice, at such place or places, and at such time or times as the board may from time to time determine. Five m…

No board member shall receive any compensation from the plan for his or her services as such; however, board members may be reimbursed for any actual expenses they incur on board business. No bond or other security shall be required of any board member in that capacity. (Act 97-6…

The members of the board shall use that degree of care, skill, prudence, and diligence that a prudent person acting in a like capacity and familiar with such matters would use in a similar situation. (Act 97-689, p. 1379, § 8(7.08).)

The board shall maintain accounts showing the fiscal transactions of the plan and shall keep in convenient form such data as may be necessary for actuarial valuations of the plan. (Act 97-689, p. 1379, § 8(7.09).)

Any individual, entity, or group of persons may serve in more than one fiduciary capacity with respect to the plan and/or the fund. (Act 97-689, p. 1379, § 8(7.10).)

The city, the board, the members of the board, and any officer, employee, or agent of the city shall not incur any liability individually or on behalf of any other individuals or on behalf of the city for any act, or failure to act, made in good faith in relation to the plan or t…

The members of the board and the officers, employees, and agents of the city shall be indemnified against any and all liabilities arising by reason of any act, or failure to act, in relation to the plan or the fund including, without limitation, expenses reasonably incurred in th…

It shall be the duty of the city attorney to give advice to the board in all matters pertaining to the duties of the board whenever requested to do so; to represent and defend the board and its individual members in all suits and actions at law or in equity that may be brought ag…

Except as may be otherwise specified in this plan, all expenses that arise in connection with the administration of the plan including, but not limited to, the compensation and other expenses and charges of any counsel, accountant, specialist, or other person who has been retaine…

The board may create and administer a deferred retirement option plan (DROP Plan) on such terms and conditions as the board may prescribe; however, any DROP Plan created by the board shall be at no cost and with no liability to the city. The plan’s actuary shall certify to the ci…

All the funds of the plan shall be held by the board as trustee of the plan. In addition to the powers granted to the board by the plan, the board shall have all powers granted to trustees under any Alabama statute or regulation which are necessary or desirable for it to fulfill …

Except as otherwise provided in the plan, no part of the corpus or income of the fund shall be used for, or diverted to, purposes other than for the exclusive benefit of members and beneficiaries entitled to benefits under the plan and paying plan expenses not otherwise paid by t…

(a) The board, with approval by a majority vote of the city council or like governing body of the city, reserves the right at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the pla…