Title 39 — Title 39

to Be Furnished to Board of Trustees; Publication of Statement and Analysis of Financial Standing of Authority; Special Audit and Examination of Books and Accounts of Authority. The municipality or, in case of an unincorporated area in one county, the county governing body or, in…

Authority. The authority shall not include in an enterprise in which it is engaged the furnishing of any services not named in the petition provided for by this chapter unless the furnishing of such additional services shall be submitted to and approved by the electors of the ter…

A petition, in the form and executed as provided in Sections 39-7-4 and 39-7-5 may be presented by filing the same with the clerk of the city or town, and when the petition is signed by inhabitants of an area with 250 qualified electors it may be presented to the probate judge of…

Authority. The services of the authority shall not be diminished so as to exclude from an enterprise in which the authority is engaged the furnishing of any services unless and until all bonds of the authority and interest thereon issued by the authority pursuant to this chapter …

or Enlarging or Diminishing Services Furnished by Authority. Not more than one special election shall be held in any territory upon the question of enlarging or diminishing services and not more than two special elections upon the question of incorporating an authority in any cal…

No improvement authority incorporated under this chapter shall furnish any service to the inhabitants of a city or town other than the municipality, except with the consent of the governing body of such city or town. Except as provided in this section, the authority may furnish s…

Permits, Etc., for Authorities. (a) This chapter is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate power to fulfill their functions. (b) Except as otherwise expressly provided…

Any authority incorporated under this chapter insofar as the subject matter of this chapter is concerned shall be governed exclusively by the provisions of this chapter. History: (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §50.)

(a) The petition shall be in substantially the following form: “To the (herein insert the name of governing body) of the City (or Town) or to the Probate Judge of _____ County. We, the undersigned, qualified electors of the area embraced within the city or town or of the followin…

The probate or circuit court or any judge thereof within the county shall have summary jurisdiction upon complaint of an elector to determine the sufficiency of the petition and shall make such order as justice may require as to such sufficiency. Such summary proceeding shall be …

Submitted to Voters at Election. The clerk or probate judge shall give notice of the submission of the question by causing notice of the filing of the petition and the question to be submitted to be published at least once on the same day of each week for three consecutive weeks …

Election. If the petition shall have been filed with the clerk or probate judge or, in case a summary proceeding has been instituted, a final order thereon has been made in favor of the sufficiency of the petition not more than 60 days and not less than 30 days prior to a general…

Provisions of Law Governing Conduct of Such Elections; Payment of Expenses of Elections. If a petition shall not have been filed or, in case a summary proceeding has been instituted, a final order thereon has not been made in favor of the sufficiency of the petition so as to perm…

The question set forth in the petition shall be printed on the ballot. At the left of the question there shall be printed two voting squares, with the word “Yes” for voting for the question at the right of one square and the word “No” for voting against the question at the right …

This chapter shall be known and may be cited as the Fair and Open Competition in Governmental Construction Act. History: (Act 2014-107, p. 180, §1.)

The Legislature finds and declares that this chapter shall do all of the following: (1) Provide for the efficient procurement of goods and services by governmental units. (2) Promote the economical, nondiscriminatory, and efficient administration and completion of state and state…

As used in this chapter, the following words shall have the following meanings: (1) PUBLIC AGENCY. The State of Alabama, and any county, city, town, school district, or other political subdivision of the state, any public trust, any public entity specifically created by the statu…

A public agency awarding any contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor any construction manager acting on behalf of the public…

A public agency shall not award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in Section 39-8-4 in a contract document for any construction, improvement, maintenance, or renovation to real property or fixtur…

A public agency or a construction manager or other contracting entity acting on behalf of a public agency shall not place any of the terms described in Section 39- 8-4 in bid specifications, project agreements, or other controlling documents relating to the construction, repair, …

The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of Section 39-8-4 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an…

(a) The requirements of this chapter shall not apply to public construction contracts executed before June 1, 2014. (b) This chapter does not do any of the following: (1) Prohibit employers or other parties from entering into agreements or engaging in any other activity protected…

The Legislature finds that it is in the best interest of this state and its residents to ensure that any private business or individual entering into a road or bridge contract is financially responsible under the tort liability system for damages that the private party may cause …

As used in this chapter, the following words have the following meanings: (1) PARTY. A private business or individual that is a party to a road and bridge contract. The term does not include the Department of Transportation, a county commission, or any other governmental awarding…

A road or bridge contract may not require a party to the contract to indemnify, hold harmless, or defend another party for liability, damages, losses, or costs caused by the negligence, wantonness, recklessness, or intentional misconduct of the party to be indemnified or its offi…

A road or bridge contract may contain a provision requiring a party to the contract to indemnify, hold harmless, or defend another party, but only to the extent that liability, damages, losses, or costs are caused by the negligence, wantonness, recklessness, or intentional conduc…

A road or bridge contract may not require a party to the contract to provide insurance coverage to another party as an additional insured for claims that arise out of or are caused by the second party’s own negligent, reckless, wanton, or intentional conduct or that of its office…

This chapter does not apply to indemnity of a surety by a principal on a construction contract bond or to indemnity of an insurer’s obligations to its insureds. History: (Act 2021-244, §6.)

Works Projects. This chapter only applies to indemnity contracts between private parties to public works projects for roads or bridges and has no effect on third-party tort claims. History: (Act 2021-244, §7.)

Compensation Laws. Any provision of law to the contrary notwithstanding, this chapter shall not be interpreted or construed to affect joint and several liability or workers’ compensation laws. History: (Act 2021-244, §8.)

This chapter does not affect contractual obligations of any contracting party to the Department of Transportation, a county commission, or any other awarding entity. History: (Act 2021-244, §9.)