0 chapters · 2,494 sections in this title.
Ala. Code § 45-8A-23.170 Director of Finance - Appointment
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There shall be a department of finance, the head of which shall be the director of finance, who shall, with the advice and consent of the council, be appointed by the city manager, subject to the provisions of any merit or civil service system applicable to the city. History: (Ac…
Ala. Code § 45-8A-23.171 Director of Finance - Qualifications
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The director of finance shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and financial control. History: (Acts 1953, No. 404, p. 472, §6.02.)
Ala. Code § 45-8A-23.172 Director of Finance - Surety Bond
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The director of finance shall provide a bond with such surety and in such amount as the council may require by ordinance. History: (Acts 1953, No. 404, p. 472, §6.03.)
Ala. Code § 45-8A-23.173 Director of Finance - Powers and Duties
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The director of finance shall have charge of the administration of the financial affairs of the city, and to that end he or she shall have authority and shall be required to: (1) Compile the current expense estimates for the budget for the city manager; (2) Compile the capital es…
Ala. Code § 45-8A-23.174 Work Programs; Allotments
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Before the beginning of the budget year, the head of each office, department, board, or agency shall submit to the city manager, when required by him or her, a work program for the year, which program shall show the requested allotments of the appropriations for such office, depa…
Ala. Code § 45-8A-23.175 Allotments Constitute Basis of Expenditures and Are Subject to
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Revision. The city manager shall file a copy of the original allotments and of each revised allotment with the director of finance, who shall authorize all expenditures for the offices, departments, boards, and agencies to be made from the appropriations on the basis of approved …
Ala. Code § 45-8A-23.176 Transfers of Appropriations
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The city manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department, board, or agency, subject to paragraphs a. to j., inclusive, of subdivision (2) of Section 45-8A-23.09…
Ala. Code § 45-8A-23.177 Accounting Supervision and Control
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The director of finance shall have power and shall be required to: (1) Prescribe the forms of receipts, vouchers, bills, or claims to be used by all the offices, departments, boards, and agencies of the city government; (2) Examine and approve all contracts, orders, and other doc…
Ala. Code § 45-8A-23.178 When Contracts and Expenditures Prohibited
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No officer, department, or agency shall, during any budget year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated for that general…
Ala. Code § 45-8A-23.179 Appropriations Lapse at End of Year,
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All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. History: (Acts 1953, No. 404, p. 472, §6.10.)
Ala. Code § 45-8A-23.180 Fees Shall Be Paid to City Government
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All fees received by any officer or employee shall belong to the city government and shall be paid daily to the department of finance. Any officer or employee who shall fail to pay such fees to the department of finance on the day such fees are received by him or her shall be gui…
Ala. Code § 45-8A-23.181 Division of Purchases
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There may be established by the council upon recommendation by the city manager a division of purchases, the head of which shall be the city purchasing agent. The city purchasing agent shall be under the director of finance. The purchasing agent, pursuant to rules and regulations…
Ala. Code § 45-8A-23.182 Competitive Bidding
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Before the city purchasing agent makes any purchase of supplies, materials or equipment, he or she shall give ample opportunity for competitive bidding, under such rules and regulations, and with such exceptions, as the council may prescribe by ordinance; provided, however, that …
Ala. Code § 45-8A-23.183 Contracts for City Improvements
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Any city improvement costing more than five hundred dollars ($500) shall be executed by contract. All such contracts for more than five hundred dollars ($500) shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordina…
Ala. Code § 45-8A-23.184 Accounting Control of Purchases
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All purchases made by the purchasing agent shall be pursuant to a written requisition from the head of the office, department, board, or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the director of finance cer…
Ala. Code § 45-8A-23.185 No Contract Executed until Bond Ordinance Effective
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No contract shall be executed for the acquisition of any property or the construction of any improvement to be financed by the issuance of bonds until the ordinance authorizing the issuance of such bonds shall have taken effect and any contract executed before such day shall be v…
Ala. Code § 45-8A-23.186 Emergency Appropriations
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At any time in any budget year, the council may, pursuant to this section, make emergency appropriations to meet a pressing need for public expenditure, for other than a regular or recurring requirement, to protect the public health, safety or welfare. Such appropriation shall be…
Ala. Code § 45-8A-23.187 Borrowing to Meet Emergency Appropriations
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In the absence of unappropriated available revenues to meet emergency appropriations under the provisions of Section 45-8A-23.186, the council may by resolution authorize the issuance of notes, each of which shall be designated “emergency note” and may be renewed from time to tim…
Ala. Code § 45-8A-23.188 Borrowing in Anticipation of Property Taxes
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In any budget year, in anticipation of the collection of the property tax for such year, whether levied or to be levied in such year, the council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated …
Ala. Code § 45-8A-23.189 Borrowing in Anticipation of Other Revenues
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In any budget year, in anticipation of the collection or receipt of other revenues of that budget year, the council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated “special revenue note for the …
Ala. Code § 45-8A-23.190 Notes Redeemable Prior to Maturity
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No notes shall be made payable on demand, but any note may be made subject to redemption prior to maturity on such notice and at such time as may be stated in the note. History: (Acts 1953, No. 404, p. 472, §6.21.)
Ala. Code § 45-8A-23.191 Sale of Notes; Report of Sale
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All notes issued pursuant to this subpart may be sold by the director of finance at not less than par and accrued interest at private sale and without previous advertisement. History: (Acts 1953, No. 404, p. 472, §6.22.)
Ala. Code § 45-8A-23.210 Purpose and Number of Wards
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Originally there shall be established five wards for the purpose of securing as nearly as possible a council consisting of members who represent distinct geographical areas within the city and who represent equal numbers of persons. Every part of the geographical area of the city…
Ala. Code § 45-8A-23.211 Establishment of the Original Wards
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Under the provisions of Section 45-8A-23.006, the probate judge shall establish the original wards which shall contain as nearly equal a number of people as possible. History: (Acts 1953, No. 404, p. 472, §7.02.)
Ala. Code § 45-8A-23.212 Duty of Manager When City Limits Changed
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Whenever after the next preceding establishment of wards and not less than nine months before any regular election of councilmen there shall have been any change in the corporate limits of the city, the manager shall not less than seven months before such election prepare in writ…
Ala. Code § 45-8A-23.213 Duty of the Council After Submission of the Proposed Division
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Within 30 days after the submission by the manager of his or her proposed division the council may approve this proposed division by ordinance or resolution. Upon such approval the division as proposed shall be adopted and the wards of the city shall for the purpose of each subse…
Ala. Code § 45-8A-23.214 Duties of Council on Disapproval of Manager’s Proposed Division
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If the council shall disapprove the manager’s proposed division it shall adopt an ordinance or resolution of disapproval. Such ordinance or resolution must contain the council’s proposed division of the city into not less than five nor more than seven new wards. It shall describe…
Ala. Code § 45-8A-23.215 Effect of Failure of Council to Act Upon Manager’s Proposed Division
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If the council within 30 days after the submission by the manager of his or her proposed division shall neither approve of the manager’s proposed division nor adopt a valid ordinance or resolution of disapproval then the division as proposed by the manager shall be deemed adopted…
Ala. Code § 45-8A-23.216 Election for the Selection of New Wards
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In the event that the council shall adopt a valid ordinance or resolution of disapproval under Section 45-8A-23.214 then on the date prescribed in such ordinance or resolution there shall be held an election by the voters. At such election each voter shall choose between the prop…
Ala. Code § 45-8A-23.230 Rights of Officers and Employees Preserved
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Nothing in this part contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the city or of any office, department, board, or agency existing at the time when this part shall take effect, or any provision of law in f…
Ala. Code § 45-8A-23.231 Continuance of Present Officers
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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 discontin…
Ala. Code § 45-8A-23.232 Status of Officers and Employees Holding Positions When Council-
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Manager Form of Government Is Adopted. Any person holding an office or position in the civil service of the city under any civil service or merit system applicable to the city when the council-manager form of government shall be adopted shall continue to hold such office in the c…
Ala. Code § 45-8A-23.233 Transfer of Records and Property
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All records, property, and equipment whatsoever of any office, department, or agency or part thereof, all the powers and duties of which are assigned to any other office, department, or agency by this part, shall be transferred and delivered to the office, department, or agency t…
Ala. Code § 45-8A-23.234 Continuity of Officers, Department, Board, or Agencies
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Any office, department, board, or agency provided for in this part with a name or with powers and duties the same or substantially the same as those of an office, department, board, or agency heretofore existing shall continue to exercise its powers and duties. Any provision in a…
Ala. Code § 45-8A-23.235 Continuance of Contracts and Public Improvements
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All contracts entered into by the city, or for its benefit, prior to the adoption by such city of the council-manager form of government, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time of th…
Ala. Code § 45-8A-23.236 Pending Actions and Proceedings
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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-man…
Ala. Code § 45-8A-23.237 Pension and Relief Funds
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All laws and parts of laws relating to pension, retirement, and relief funds for any employees of the city, contained in the general or local laws of the state or in Title 11 as the same may apply and be in effect with respect to any city at the time when such city shall elect to…
Ala. Code § 45-8A-23.238 Independent Authorities, Boards, Agencies, Etc
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All laws relating to the school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board, zoning board, park or recreation board, municipally owned public utility and any municipally owned service enterprise, including…
Ala. Code § 45-8A-23.239 When Provisions Take Effect
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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 …
Ala. Code § 45-8A-23.260 Removal of Officers and Employees
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Subject to the provisions of any civil service or merit system applicable to the city, any officer or employee whose successor may be appointed by the city manager or by the head of any office, department, board, or agency, may be removed by the manager or other appointing office…
Ala. Code § 45-8A-23.261 Right of City Manager and Other Officers in Council
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The city manager, the heads of all departments, and such other officers of the city as may be designated by the council, shall be entitled to attend meetings of the council, but shall have no vote therein. The city manager shall have the right to take part in the discussion of al…
Ala. Code § 45-8A-23.262 Investigations by Council or City Manager
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The council, the city manager, or any person or committee authorized by either of them, shall have power to inquire into the conduct of any office, department, board, or agency or officer of the city and to make investigations as to municipal affairs, and for that purpose may sub…
Ala. Code § 45-8A-23.263 Contracts Extending Beyond One Year
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No contract involving the payment of money out of the appropriation of more than one year shall be made for a period of more than five years, nor shall any such contract be valid unless made or approved by ordinance, and signed in the name of the city by the mayor and countersign…
Ala. Code § 45-8A-23.264 Publicity of Records
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All records and accounts of every office, department, board, or agency of the city shall be open to inspection by any person at all reasonable times and under reasonable regulations established by the city manager, except competitive bids for contracts under negotiation. History:…
Ala. Code § 45-8A-23.265 Officers and Employees Not Be Privately Interested in City Contracts
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No member of the council, officer, or employee elected or appointed shall be interested, directly or indirectly, in any contract for work or material, or the profits thereof, or services to be furnished or performed for the city, and no such member of the council, officer, or emp…
Ala. Code § 45-8A-23.266 Official Bonds
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The city manager, the director of finance, and such other officers or employees as the council may by general ordinance require so to do, shall give bond in such amount and with such surety as may be approved by the council. The premiums on such bonds shall be paid by the city. H…
Ala. Code § 45-8A-23.267 Oath of Office
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Every councilman, officer, and employee of the city shall, before entering upon the duties of his or her office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk: “I solemnly swear (or affirm) that I am eligible for the…
Ala. Code § 45-8A-23.268 Personnel Policies and Procedures
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All employees of the City of Anniston, except civil service employees and grandfathered employees who are subject to the civil service system, shall be employees of the city subject to the personnel policies and procedures adopted, and as amended, by the city council. The personn…
Ala. Code § 45-8A-23.290 Change to Form of Government
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No city may change from the council-manager form of government within two years after the adoption thereof. At the end of such period, or at any time thereafter, the city may change its form of municipal government in the manner provided by law, provided that no election on the a…
Ala. Code § 45-8A-23.310 Effect of This Part on Existing Law
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(a) All laws and parts of laws, general, local, or special, relating to or affecting the city, its powers, functions, duties, and property, in force when this part shall take effect are hereby continued in effect; but all such laws relating to the exercise of powers, functions, a…