Code of Alabama
Ala. Code § 11-47-5 (2026)
Execution of Contracts.
✓ official Alabama Legislature (ALISON) text, current July 2026
Contracts entered into by a municipality shall be in writing, signed and executed in the name of the city or town by the officers authorized to make the same and by the party contracting. In cases not otherwise directed by law or ordinance, such contracts shall be entered into and executed by the mayor in the name of the city or town and all obligations for the payment of money by the municipality, except for bonds and interest coupons, shall be attested by the clerk. This section shall not be construed to cover purchases for the ordinary needs of the municipality.
(Code 1907, §1183; Code 1923, §1899; Code 1940, T. 37, §467.)
Notes of Decisions
Cited in 5
cases, 2008–2017 · leading case: Paul Boyle v. City of Pell City, 866 F.3d 1280 (11th Cir. 2017).
Paul Boyle v. City of Pell City, 866 F.3d 1280 (11th Cir. 2017). “Ala. Code § 11-47-5 .("Contracts entered into by a municipality shall be in writing, signed and executed in the name of the city or town by the officers authorized to make the same and by the party contracting.”
City of Huntsville v. STOVE HOUSE 5, INC., 3 So. 3d 186 (Ala. 2008). “Huntsville further noted that § 11-47-5, Ala.Code 1975, provides that "[c]ontracts entered into by a municipality shall be in writing" and that there is no evidence indicating that a written contract between Huntsville and the landowners exists.”
Taylor v. City of Gadsden, 958 F. Supp. 2d 1287 (N.D. Ala. 2013). “1977); Ala.Code § 11-47-5. There is no evidence of any writing whereby the City of Gadsden agreed to never increase the percentage paid by firefighters.”
Town of Boligee v. Greene Cnty. Water & Sewer Auth., 77 So. 3d 1166 (Ala. 2011). “Section 11-47-5 provides: “Contracts entered into by a municipality shall be in writing, signed and executed in the name of the city or town by the officers authorized to make the same and by the party contracting.”
B & B Wrecker Serv., Inc. v. City of Citronelle, 90 So. 3d 743 (Ala. Civ. App. 2011). “The city asserted that, although it had asked B & B to tow and store the Dodge Ram, it was not liable for B & B’s storage fees because, it said, (1) § 11-47-5, Ala.Code 1975, 1 requires contracts with municipalities to be in writing and B & B did not have a written contract with…”
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