All municipal organizations now existing in the State of Alabama, whether incorporated under the general laws of the state or by special act of the legislative department of the state government, and now exercising corporate powers or functions and all towns and cities that may hereafter be incorporated under the provisions of this title shall be bodies politic and corporate, using a common seal, which may at any time be changed, and having perpetual succession under the name now used or hereafter assumed as provided in this title, and each under such name as the “City of _____” or “Town of _____,” as the case may be, shall sue and be sued, contract and be contracted with, acquire property by purchase, gift, devise, or appropriation for any municipal purpose authorized in this title, and the same shall be held, managed, and controlled by the said municipal corporations under the applicable provisions of law contained in this title and all rules, regulations, resolutions, and ordinances that may be required to carry out any or all of the applicable provisions of this title shall be adopted by the several councils thereof. Such municipal corporations shall be invested with the full powers, duties, and authority granted in this title.
(Code 1907, §1046; Code 1923, §1739; Code 1940, T. 37, §1.)
Notes of Decisions
Alabama Libertarian Party v. City of Birmingham, 694 F. Supp. 814 (N.D. Ala. 1988).
· cites it 3× “Neither party has adequately addressed this issue, nor cited any authority for or against this issue. However, it is an elementary principle of municipal law that cities have only the authority granted them by statute.”
Ex Parte City of Birmingham, 507 So. 2d 471 (Ala. 1987).
“By relying on a specific venue statute, this rationale at least conceivably leaves open the question of venue against counties generally.”
Cunningham v. City of Attalla, 918 So. 2d 119 (Ala. Civ. App. 2005).
“of municipal buildings), and § 11-40-1 (ownership and control of municipal property).”
Kelley v. Dailey, 156 So. 3d 368 (Ala. 2014).
“§ 11-40-1, Ala.Code 1975. Further, § 9-3-18(a), Ala.”
Hammonds v. Town of Priceville, 886 So. 2d 67 (Ala. 2003).
· cites it 3× “Ala.Code 1975, § 11-40-1 (included in the Alabama Code of 1907) provides, in pertinent part: “All municipal organizations now existing in the state of Alabama .”
Wilkins v. Dan Haggerty & Assocs., Inc., 672 So. 2d 507 (Ala. 1995).
“Section 11-40-1 expressly grants to cities the power to enter into contracts in furtherance of their governmental functions.”
Ross v. City of Huntsville, 107 So. 3d 1093 (Ala. Civ. App. 2012).
· cites it 2× “In its summary-judgment motion, the City argued that it had complied with all the statutory notice requirements for demolition of the structure, see Ala.Code 1975, § 11-40-1 et seq., and that the City had had a lawful right to demolish the structure.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.