Title 45

Provision is hereby made for the incorporation of an authority in any city of the State of Alabama, having a population of 300,000 or more according to the last or any subsequent federal census, which authority shall have the power to lease, or own, or otherwise acquire and provi…

A certificate of incorporation shall be entitled and endorsed Certificate of Incorporation of ________ Authority. (Blank space being filled in with the name of the authority) and shall state the name of the authority; the location of its principal office and post office address t…

The certificate of incorporation shall be acknowledged before an officer authorized by the laws of this state to take acknowledgement of deeds. When so acknowledged, the certificate may be filed with the judge of probate of the county in which such city is located, who shall fort…

Such authority formed under this subpart shall constitute a public benefit agency of the State of Alabama and shall have a board of directors of nine members selected as herein provided. Such board of directors shall constitute the governing body of the authority. The members of …

The city is authorized, but not required, to lease or sell or convey to the authority real or personal property, including park property, without the necessity of authorization by election of qualified voters of the city, and the governing body of the city is hereby authorized to…

The authority shall have the power to: (1) Sue and be sued. (2) Have a seal and alter the same at pleasure. (3) Appoint officers, agents, and employees, including attorneys, and to fix their compensation. (4) Make bylaws for the management and regulation of its affairs. (5) Make …

It shall not be unlawful for the authority to conduct, operate, manage, or promote on Sunday any amusement or recreational activity within the corporate powers of such authority, or for any other person to participate or engage in such amusement or recreational activity on Sunday…

The authority shall have the power to borrow money and to issue revenue bonds as evidence of any money so borrowed, which bonds shall be payable solely from the revenues derived from the fairs, exhibitions, amusements, and other activities and enterprises in which the authority i…

The authority shall meet at such time as may be appropriate or necessary. An accurate record in the form of a minute book shall be kept of the business transacted, or the actions taken, at such meetings. The authority shall keep, or cause to be kept, in its principal office the m…

Contracts of the authority shall be executed in the name of the authority by the chair of the authority and attested by the secretary of the authority. Except for bonds, it is not required that the seal be impressed or printed on contracts. It is further provided hereby that, exc…

At least once every 12 months subsequent to July 24, 1947, the authority shall appoint and employ an expert accountant who shall make an examination in detail of all books and accounts of the authority since the preceding examination, and make a full report thereof in writing und…

The treasurer of the authority shall give bond in such sum as the authority may prescribe for the faithful performance of his or her duties and the safe custody of the funds, which bond shall be executed by a surety company authorized to engage in the surety business in the State…

The city in which the authority is located is authorized, but not required, to make appropriations or to lend money from time to time to the authority for the purpose of providing educational, cultural, and recreational facilities, exhibits, and exhibitions for amusement and ente…

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 authority shall be exempt from state, county, and city taxation; and the authority shall be exempt from license or privilege taxes levied by the state, county, or city upon the business or activities conducted or engaged in by the authority. This exemption sha…

(a) Pursuant to subsection (f) of Amendment No. 373 to the Constitution of Alabama of 1901, the City Council of the City of Birmingham in Alabama may levy, in addition to any other tax, an ad valorem tax in the amount of 10 mills on each dollar of taxable property in the county. …

(a) The governing body of any city which may now or hereafter have a population of 300,000 inhabitants or more, according to the last or any subsequent federal census and which may now or hereafter have in force and effect a comprehensive zoning ordinance shall provide for the ap…

(a) The history of cities and the course of legislatures throughout America, including the Alabama Legislature, confirm that public welfare requires that cities of 300,000 or more population, and parking authorities thereof, be authorized to provide off-street parking facilities.…

This subpart shall apply to each city of the state having a population of 300,000 or more, according to the last or any subsequent federal census, and to no other city. (Acts 1971, No. 2079, p. 3335, §2.)

Unless the context plainly indicates otherwise, the following words and terms shall have the meanings hereby ascribed to them: (1) AUTHORITY. A public corporation organized under this subpart. (2) BOARD. The board of directors of the authority (3) BOND. Any bond authorized to be …

Pursuant to this subpart, a municipal parking authority may be organized in any city of the state having a population of 300,000 or more, according to the last or any subsequent federal census. Such parking authority shall be organized as a public corporation with the powers here…

The certificate of incorporation of the authority shall state all of following: (1) The names of the persons forming the authority, together with residence of each, and a statement that each of them is a duly qualified elector of the city and is the owner of property in the city.…

The certificate of incorporation of the authority shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds and shall have attached thereto a certified copy of the resolution provided for in Sectio…

(a) From time to time the name of the authority may be changed and the certificate may be amended in the manner provided for in this section and in no other manner. (b) The name of the authority may be changed, or the certificate may be amended, in accordance with any resolution …

(a) The authority shall be governed by a board of directors of three members, elected by the governing board of the Class 1 municipality. Each member of the board shall be a qualified elector of the city. No officer of the state, or of any county, city, or town therein shall, whi…

The officers of the authority shall consist of a chair of the board, a vice chair of the board, a secretary of the authority, a treasurer of the authority, and such other officers as the board deems necessary to accomplish the purposes for which the authority is organized. The ch…

(a) The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate name for the duration of time, which may be in perpetuity, specified in its certificate …

(a) As used in this section, the word person means a natural person, a corporation, a partnership, or unincorporated association. (b) It is hereby declared to be the public policy of this state, with respect to each parking facility, that upon an authority’s acquiring a parking f…

The authority is hereby authorized to accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of this subpart. All federal mon…

For the purpose of aiding and cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, or operation of parking facilities, any county, city, town, or other political subdivision, public corporation, agency, or instrumentality…

The authority shall have the power and is hereby authorized at any time and from time to time to issue and sell its interest bearing revenue bonds for any of its corporate purposes. The principal of and the interest on all such bonds shall be payable solely from, and may be secur…

All bonds shall be signed by the chair or vice chair and the secretary or treasurer of the authority and the seal of the authority shall be affixed thereto; provided that a facsimile of the signature of one, but not both, of the officers whose signatures shall appear on the bonds…

In the discretion of the authority any bonds may be issued under and secured by an indenture between the authority and a trustee. The trustee may be a private person or corporation, including, but not limited to, any trust company or bank having trust powers, whether such bank or…

The proceeds derived from the sale of any bonds, other than refunding bonds may be used only to pay the cost of acquiring, constructing, improving, enlarging, and equipping the parking facilities or property with respect to which they were issued, as may be specified in the proce…

The authority may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and the interest on any bonds of the authority theretofore issued hereunder and then outstanding, whether or not such principal and interest shall have matured …

The bonds issued by the authority and the income therefrom shall be exempt from all taxation in the state. All property and income of the authority shall be exempt from all state, county, municipal, and other local taxation, including license, privilege, or excise taxes; provided…

The governing body of any county, city, or town within this state is authorized in its discretion to invest in bonds of the authority any idle or surplus money held in its treasury. (Acts 1971, No. 2079, p. 3335, §20.)

Bonds issued under this subpart are hereby made legal investments for executors, administrators, trustees, and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the source of the fiduciary’s authorit…

Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may in its discretion cause to be published once a week for two consecutive weeks, in a newspaper that is customarily published in this state not less than five days in each calend…

Laws, regulations, and ordinances relating to the advertising and award of construction contracts and purchase contracts made by or in behalf of the authorizing subdivision shall be applicable to any authority granted permission to incorporate by the authorizing subdivision. Noth…

(a) At least once every 12 months subsequent to the date whereon an authority is created hereunder, the city shall appoint an expert accountant who shall make an examination and audit of the records, books, and accounts of the authority and shall make a report in writing to the c…

At any time when no bonds of the authority are outstanding, the authority may be dissolved upon the filing with the judge of probate, in the county in which is filed the certificate of incorporation, of an application for dissolution, which shall be subscribed by each of the memb…

The provisions of this subpart are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with this subpart. (Acts 1971, No. 2079, p. 3335, §26.)

(a) This section shall only apply in Jefferson County. (b)(1)a. It shall be unlawful for any railroad train to obstruct any public street, road, or highway crossing-at-grade within a Class 1 municipality in the county for more than five minutes. b. The railroad corporation or com…

(a) In addition to any other authority for the sale of alcoholic beverages on Sunday, the Birmingham City Council may authorize the sale of alcoholic beverages for on-premises consumption on Sunday commencing at 10:00 a.m. (b) This section is supplemental and shall not be constru…

As herein used, these terms have the meanings hereby given them: (1) CORONER-MEDICAL EXAMINERS’ OFFICE. The office wherein or wherefrom the staff performs the duties the governing body assigns the staff. (2) GOVERNING BODY. The governing body of Jefferson County. (3) STAFF. The c…