Title 11

The members of the governing body of a local government as well as employees and officials of the local government are not liable, in their official capacity, for any decision, exercise of discretion, or exercise of any rights or responsibilities granted under this chapter. (Act …

When used in this article, the following terms shall have the following meanings: (1) ARTICLES. The articles of incorporation or articles of reincorporation of an authority. (2) AUTHORITY. A public corporation incorporated or reincorporated pursuant to the provisions of this arti…

The Legislature hereby makes the following findings of fact and declares its intent to be as follows: (1) The Legislature acknowledges the key role of public corporations in the state in promoting public interest through acquiring, enlarging, improving, expanding, owning, operati…

Any number of natural persons, not less than three, residing in the county of incorporation may incorporate an authority as provided in this article. The incorporators shall file a written application in accordance with Section 11-81-263. (Act 2021-408, §3.)

(a) The written application of the incorporators shall be filed with the probate judge, which application shall: (1) Contain a statement that the incorporators propose to incorporate an authority pursuant to this article. (2) State that each of the incorporators is a resident of …

(a) The articles of an authority shall state all of the following: (1) The names of the incorporators and that each is a resident of the county of incorporation. (2) The name of the authority, which may be a name indicating in a general way the geographic area proposed to be serv…

(a) In any county containing a Class 4 municipality incorporated under Chapter 44B of Title 11, where there has been an attempt to create a road improvement commission by general or local legislation, but the attempted creation or incorporation is or may be invalid because of an …

A road improvement commission created or attempted to be created prior to June 1, 2021, in a county containing a Class 4 municipality incorporated under Chapter 44B of Title 11, may seek authority to reincorporate pursuant to the procedure established in Section 11-81-265 if a ma…

(a) The articles shall be filed with the probate judge. The proposed authority shall constitute a de jure corporation upon acceptance of filing. The acceptance of the articles for filing by the probate judge shall be conclusive of the valid incorporation of a proposed authority o…

(a) All powers of an authority shall be vested in its board of directors. (b) The initial board of directors of an authority shall be specified in the articles, or as provided in Section 11-81-265. (c) The board shall elect from its own membership a chair, vice-chair, and secreta…

(a) Except as provided in Section 11-81-265, the board of directors shall be composed of the number of directors provided for in the articles, appointed as provided in the articles for the terms designated therein. (b) All directors shall serve until their successors are appointe…

(a) The articles of an authority may be amended in the manner provided in this section. The board of directors shall adopt a resolution proposing an amendment to the articles. The amendment shall be fully set forth in the resolution and may include any matters that might have bee…

An authority shall have the following powers: (1) To have succession by its corporate name until dissolved as provided in this article. (2) To institute and defend legal proceedings in any court of competent jurisdiction and proper venue; provided further, that the officers and d…

An authority may sell at public or private sale and issue bonds as provided in Section 11-81-273 for the purposes authorized in Section 11-81-271. (Act 2021-408, §13.)

(a) Bonds of an authority shall be signed by the chair and attested by the secretary, the seal of the authority shall be affixed thereto, and any interest coupons applicable to the bonds shall be signed by the chair; provided that a facsimile of the signature of the officers may …

(a) In the discretion of the board of directors of an authority, any bonds may be secured by an indenture between an authority and a trustee, which may be a trust company or bank having trust powers, whether the trust company or bank is located within or outside of the state. In …

(a) The proceeds from the sale of any bonds shall be applied as provided in the proceedings in which the bonds are authorized to be issued, including, without limitation, the payment of all legal, fiscal, and recording fees and expenses incurred in connection with the authorizati…

An authority shall be exempt from all laws of the state now or hereafter governing usury or prescribing or limiting interest rates, including, without limitation, Chapter 8 of Title 8. (Act 2021-408, §17.)

All properties of an authority, whether real, personal, or mixed, and the income therefrom, all bonds and other securities issued by an authority and the coupons applicable thereto and the income therefrom, and all indentures and other instruments executed as security therefor, a…

Any public person may transfer and convey to an authority, with or without consideration any properties, real, personal, or mixed, and all funds and assets, tangible or intangible, that may be owned by a public person or that may be jointly owned by any two or more thereof, and a…

(a) At any time when no bonds of an authority are outstanding, the authority may be dissolved by the adoption of a resolution by the board of directors recommending dissolution and by the approval of the dissolution by the governing body of the county of incorporation and each pa…

As used in this chapter, the following words and terms shall have the following respective meanings: (1) CONDITIONS OF A GRANT. The terms and conditions upon which a grant is made by a donor. (2) COUNTY. Any county in the State of Alabama. (3) DONOR. The United States of America,…

Each grantee shall have the power, and, when approved by its governing body, the authority, to do or perform any one or more of the following: (1) To apply to any donor for a grant and to pay the expenses involved in making such application; (2) To accept and receive grants from …

Each municipality or county and each public corporation shall have the power and, when approved by its governing body, the authority, to do or perform any one or more of the following: (1) To anticipate the receipt of any grant either by loan or by assignment or both; to issue se…

Securities issued under the authority of this chapter shall mature at such time or times as the governing body of the issuer shall determine, not later than the date on which the last installment of the grant is reasonably expected to be received. The total principal amount of se…

All securities issued by authority of this chapter and the interest thereon shall be exempt from all taxation in the state. (Acts 1980, No. 80-697, p. 1400, §5.)

Securities issued under the authority of this chapter shall be securities in which the state, the grantee, all counties, and political subdivisions of this state, their officers, boards, departments or agencies, and all banks, bankers, trust companies, savings and loan associatio…

This chapter is intended to grant additional authority to grantees, municipalities, counties, and public corporations and shall not be considered to repeal, restrict, or modify any law now in effect or hereafter enacted. (Acts 1980, No. 80-697, p. 1400, §7.)

As used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) SECURITIES. All types of bonds, warrants, certificates of indebtedness, notes and all evidences of indebtedness issued by …

Any county or municipality in this state which may hereafter issue securities may, if such action shall be deemed advisable by the governing body of such county or municipality, retain in the proceedings of such governing body authorizing the issuance of such securities an option…

Any county or municipality in this state which may hereafter issue securities having a stated maturity more than 10 years after the date thereof shall retain in the proceedings of its governing body authorizing the issuance of such securities an option to redeem at the expiration…

The price or prices at which any redemption whatsoever shall be made shall not exceed the par value of the securities with respect to which such option may be exercised plus accrued interest thereon to the redemption date and plus a premium which shall not exceed 12 months’ inter…

Nothing contained in this chapter shall be construed to confer on any county or municipality any right or option to redeem any securities heretofore or hereafter issued except as is or may be provided in the proceedings under which such securities were or shall be issued. (Acts 1…

The provisions of Sections 11-82-3 and 11-82-4 shall not apply, however, to any securities which have been authorized to be issued by any county or municipality by resolution or ordinance duly adopted by the proper governing body prior to July 7, 1945 or which have been authorize…

All proceedings heretofore taken or adopted pursuant to which securities have heretofore been issued or are authorized to be issued hereafter by any county or municipality in this state, in which proceedings an option to redeem was reserved by the issuing county or municipality o…

The maintenance of streets of municipalities in the State of Alabama is declared to be a county matter. (Acts 1909, No. 183, p. 303; Code 1923, §6773; Code 1940, T. 12, §129.)

The county commission, where there is levied a road tax, general or special, or where by the tax levy a portion of the tax is levied for or devoted to the purpose of constructing, repairing, or maintaining roads and highways of any description in the county, except the special ta…

Such sums when paid over to the municipalities shall be used exclusively for maintaining the streets in the corporate limits of such municipality, but if the tax is levied for any particular class of roads or highways, such sums shall be used on the streets of the municipality fo…

Each of the several counties, cities, and towns in the State of Alabama, acting through its county commission, council, or other governing body, is hereby authorized and empowered to acquire by purchase, gift, or bequest such tracts of land suitable for the growth of trees as may…

The State Forestry Commission is hereby authorized and it shall have the power to supply from its forest tree nursery or nurseries such forest tree seedlings and transplants as may be necessary and suitable for reforesting any part or all of any lands so acquired or now owned and…

The planning commission of any municipality or the county commission of any county or any 100 citizens by signed petition may apply to the Governor for the establishment of a region for planning purposes and the appointment of a regional planning commission for such region. The G…

The regional planning commission shall consist of nine persons. Members shall be appointed for six years; except, that the respective terms of seven of the members first appointed shall be one year, two years, two years, three years, four years, four years and five years; provide…

(a) Except as otherwise provided in this article, the provisions of Sections 11-52-4, 11-52-5, and 11-52-6 relative to organization, rules, staff, finances, procedure, and miscellaneous powers and duties of municipal planning commissions shall, so far as applicable, apply to regi…

Any regional planning commission is hereby authorized and empowered to make, adopt, amend, extend, and add to a master regional plan for the physical development of its region. Such plan shall be based on comprehensive studies of the present and future development of the region w…

The regional planning commission, after adopting the regional plan, shall certify a copy thereof to the Governor, to the planning commission of each municipality within the region, to the council of each municipality not having a planning commission, to the county commission of e…

(a) Such plan may be adopted by the municipal planning commission of any municipality within the region to which it is certified by the regional planning commission. Such adoption shall be in accordance with the procedure specified in Sections 11-52-8, 11-52-9, and 11-52-10 for t…