General Provisions.

Ala. Code tit. 11, tit. 2, ch. 47, art. 1

in effect

Ala. Code § 11-47-1 Borrowing of Money Authorized - Twelve-Month Renewable Loans.

11-47-1. Borrowing of Money Authorized - Twelve-Month Renewable Loans. Cities and towns shall have the right to borrow money for any purpose or purposes not in excess of any limitation imposed by the Constitution and, in case of loans for temporary use, the same may be evidenced either by negotiable notes or by nonnegotiable warrants or certificates of indebtedness which shall not bear exceeding the legal rate of interest, and no obligation of the municipality for money borrowed shall be issued unless signed by the mayor and attested by the clerk, with the seal of the municipality impressed thereon, and a record kept thereof. Any such note, warrant, or certificate of indebtedness shall be payable not later than 12 months after the date of its issuance but may be renewed from time to time until the indebtedness evidenced thereby shall have been paid. License taxes, ad valorem taxes, rents or revenues from water or any other taxes or revenues due or to become due to a city or town within 12 months from the date of such note, warrant, or certificate of indebtedness may be pledged to secure the payment of any such note, warrant, or certificate of indebtedness. (Code 1907, §1181; Code 1923, §1897; Acts 1932, Ex. Sess., No. 213, p. 215, §1; Acts 1935, No. 68, p. 155, §1; Code 1940, T. 37, §465.)

Ala. Code § 11-47-2 Borrowing of Money Authorized - Thirty-Year Loans.

11-47-2. Borrowing of Money Authorized - Thirty-Year Loans. Any incorporated city or town in this state may borrow money for temporary or any other lawful purpose or use to the extent of its constitutional debt limit and pay all costs, fees, and commissions agreed upon in connection with any such loans, and the governing body thereof may, without an election, issue evidences of indebtedness in the form of interest-bearing warrants, notes, or bills payable, maturing at such times as such governing body may determine, not exceeding 30 years from the date of issue, and any such city or town may as security for any such evidences of indebtedness and, as a part of the contract whereunder any money is borrowed, pledge to the payment thereof so much as may be necessary therefor of any tax or license or revenues that such city or town may then be authorized to pledge to the payment of bonded or other indebtedness. (Acts 1921, Ex. Sess., No. 8, p. 6; Code 1923, §2011; Acts 1927, No. 472, p. 515; Acts 1932, Ex. Sess., No. 188, p. 203; Code 1940, T. 37, §466; Acts 1986, Ex. Sess., No. 86-712, p. 126.)

Ala. Code § 11-47-3 Contracts and Indebtedness for Municipal Buildings and Public Utility Systems; Consolidation of Systems; Ancillary Service Contracts.

11-47-3. Contracts and Indebtedness for Municipal Buildings and Public Utility Systems; Consolidation of Systems; Ancillary Service Contracts. (a) The governing body of any city or town may contract for the construction, reconstruction, extension, or repair of any municipal building, plant, waterworks system, or electric light and power plant or system or may on credit employ labor and purchase on credit all materials and supplies needed in such construction, reconstruction, extension, or repair and may, without an election, issue evidences of indebtedness in the forms and of the maturities described in Section 11-47-2 to the extent of any indebtedness incurred in such contract or purchase or construction, reconstruction or extension and may secure such evidences of indebtedness by mortgage or deed of trust (in such form and with such provisions as such governing body may determine) on such municipal building, plant, waterworks system, or electric light and power plant or system. (b) The governing body may consolidate or combine their waterworks systems or plants with their lighting or power plants and systems and use any part of the one system or plant for the operation of the other plant or system, and may use the net proceeds, receipts and revenues from the lighting or power plant for the payment or security of any debt incurred in the construction, maintenance, extension, or operation of the waterworks system. (c) The governing body may enter into agreements with companies duly registered as service contract providers under Chapter 32 of Title 8 to make available ancillary service contracts to residential utility customers of the city or town’s utilities system, including residential water, sewer, gas, and electric utility services customers, with the endorsement of the city or town if deemed appropriate, and the governing body may apply any fees it receives pursuant to the agreements to its general revenue fund. No city or town shall require utility customers to purchase an ancillary service contract. (Acts 1921, Ex. Sess., No. 8, p. 6; Code 1923, §2011; Acts 1927, No. 472, p. 515; Acts 1932, Ex. Sess., No. 188, p. 203; Code 1940, T. 37, §466; Act 2013-117, p. 239, §1.)

Ala. Code § 11-47-4 Authority for Issuance of Bonds After Reorganization.

11-47-4. Authority for Issuance of Bonds After Reorganization. Bonds authorized to be issued by cities and towns of the state by act of the legislature before the adoption of the constitution or by laws adopted since the adoption of said constitution may be issued by such municipality, the same after becoming reorganized under the applicable provisions of this title as before. (Code 1907, §1181; Code 1923, §1897; Acts 1932, Ex. Sess., No. 213, p. 215; Acts 1935, No. 68, p. 155; Code 1940, T. 37, §465.)

Ala. Code § 11-47-5 Execution of Contracts.

11-47-5. Execution of Contracts. 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.)

Ala. Code § 11-47-6 Contracts to Be Awarded to Lowest Responsible Bidder.

11-47-6. Contracts to Be Awarded to Lowest Responsible Bidder. (a) The award of each contract for which bids have been submitted to a municipality shall be made to the lowest responsible bidder who may comply with such reasonable regulations as may be prescribed before the bids are called for. (b) Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, on conviction thereof, shall be fined not less than $50.00 nor more than $1,000.00 and may also be sentenced to hard labor for the county for not more than six months. (Code 1907, §1195; Acts 1909, No. 200, p. 197; Code 1923, §§1911, 5084; Code 1940, T. 37, §468.)

Ala. Code § 11-47-7 Erection, Maintenance, Etc., of Jails, Morgues, Hospitals, Etc.

11-47-7. Erection, Maintenance, Etc., of Jails, Morgues, Hospitals, Etc. All cities and towns of this state shall have the power to establish, erect, maintain, and regulate jails, morgues, houses of refuge, stationhouses and prisons, public baths and bathhouses, and to own, establish, maintain, and regulate public hospitals, and to purchase and provide for any and all things which may be deemed advisable or necessary thereto and to receive donations and bequests of property or money in trust or otherwise for the exercise of all such powers, rights, and duties incident to the same. (Code 1907, §1287; Code 1923, §2045; Code 1940, T. 37, §469.)

Ala. Code § 11-47-7.1 Additional Court Costs and Fees on Certain Municipal Cases; Disposition of Funds.

11-47-7.1. Additional Court Costs and Fees on Certain Municipal Cases; Disposition of Funds. (a) In addition to any court costs and fees now or hereafter authorized, any municipal governing body, by majority vote of the municipal governing body, may individually or jointly with one or more municipalities in the county levy and assess additional court costs and fees up to an amount not to exceed the court costs and fees in the district court of the county for a similar case on each case hereafter filed in any municipal court of the municipality or municipalities. The cost or fee shall not be waived by any court unless all other costs, fees, assessments, fines, or charges associated with the case are waived. The costs and fees when collected by the clerks or other collection officers of the courts, shall be paid into a special municipal fund designated as the corrections fund. The affected governing body shall allocate the funds exclusively for the purchase of land for, and the construction, equipment, operation, and maintenance of, the municipal jail or jails, other correctional facilities, if any, any juvenile detention center, or any court complex. (b) The municipal governing body may appropriate other funds, space, and property sufficient to maintain and equip any municipal jail or court complex. The municipal governing body may also receive gifts, grants, and property for the use of the jail or court complex and may contract for services related to the construction, equipment, and maintenance of the jail or court complex. (c) The municipal governing body or municipal governing bodies may provide for the implementation of this section with another governmental entity by entering into a contract pursuant to a resolution or ordinance for the construction and operation of joint municipal correctional facilities or a court complex and may adopt joint rules and regulations applicable to the jurisdiction of each entity relative to the correctional or court facilities. (Acts 1994, No. 94-694, p. 1334, §§1-3; Acts 1995, No. 95-401, p. 835, §1; Act 2010-586, p. 1317, §1.)

Ala. Code § 11-47-8 Removal of Prisoners from Municipal Jail to Another Jail.

11-47-8. Removal of Prisoners from Municipal Jail to Another Jail. If the jail of any municipality is destroyed or becomes overcrowded, insufficient or unsafe or any epidemic dangerous to life is prevalent in the vicinity, or there be danger of rescue or lawless violence to any prisoner, any circuit judge of the county, on application of the mayor or governing body of such municipality and proof of the fact, may direct the removal of any prisoner or prisoners, either before or after conviction, to the nearest sufficient jail in any other municipality or county, and it is the duty of such judge in such case to make an endorsement on the order or process of commitment stating the reason why such removal is ordered and to date and sign such endorsement. The maintenance and cost of removal of said prisoners shall be borne by the municipality requesting said removal. (Acts 1964, 1st Ex. Sess., No. 247, p. 344.)

Ala. Code § 11-47-9 Advertisement of Municipalities - Authorized.

11-47-9. Advertisement of Municipalities - Authorized. All municipalities in the State of Alabama shall be and are hereby authorized and empowered to enter into contracts or agreements with any persons, firms, or corporations for the advertisement of such municipality or any function or undertaking of such municipality both within and without the limits of such municipality through the use of any recognized medium of advertising. (Acts 1953, No. 869, p. 1167, §1.)

Ala. Code § 11-47-10 Advertisement of Municipalities - Costs.

11-47-10. Advertisement of Municipalities - Costs. The reasonable cost of or charge for such advertising shall be a legal charge against any available funds of the municipality engaged in such advertising. (Acts 1953, No. 869, p. 1167, §2.)

Ala. Code § 11-47-11 Appropriations, Etc., for Promotion, Etc., of Municipal Resources and for Promotion of Industry, Etc., Within Municipality, Etc.

11-47-11. Appropriations, Etc., for Promotion, Etc., of Municipal Resources and for Promotion of Industry, Etc., Within Municipality, Etc. In addition to all other powers which may be conferred on it by law, every incorporated city or town shall have the power to set aside, appropriate and use municipal funds or revenues for the purpose of developing, advertising and promoting the agricultural, mineral, timber, water, labor and all other resources of every kind within its police jurisdiction, and for the purpose of locating and promoting agricultural, industrial and manufacturing plants, factories and other industries within the municipality or elsewhere inside the county not more than 15 miles from the boundaries of the municipality. (Acts 1961, Ex. Sess., No. 300, p. 2361.)

Ala. Code § 11-47-13 Purchase of School Property and Erection of School Buildings; Levy of Tax Therefor.

11-47-13. Purchase of School Property and Erection of School Buildings; Levy of Tax Therefor. All municipal corporations may purchase school property or purchase lots and erect school buildings thereon for the use and benefit of the citizens of their respective towns or cities. For said purpose the town council or board of aldermen may levy a tax not exceeding one-fourth of one percent; provided, that the city or town tax shall not exceed the constitutional limitation. The town council or board of aldermen may purchase school property, from time to time, for the maintenance and improvement of such school property and the maintenance of public schools therein within the limits prescribed in this section. Any purchase of school property under the power granted in this section shall only be made by the majority vote of the town council or board of aldermen of such city or town and approved by the mayor. (Code 1907, §1458; Code 1923, §2314; Code 1940, T. 37, §474.)

Ala. Code § 11-47-14 Provision of Wharves and Landings and Improvement of Waterfronts Generally.

11-47-14. Provision of Wharves and Landings and Improvement of Waterfronts Generally. All municipal corporations which may have heretofore regularly issued bonds as provided by law for all or any of the purposes of constructing a wharf or wharves and a landing or landings and purchasing such real estate as may be necessary for such wharf or wharves and landing or landings and the equipping and furnishing of the same and improving of the waterfront for such municipalities may expend the proceeds of the sale of such bonds for all or any of the purposes of constructing a wharf or wharves and a landing or landings and acquiring such real estate as may be necessary for such wharf or wharves, landing or landings, either by purchase or condemnation proceedings in the manner provided by Title 18 of this Code, and of equipping and furnishing the same and improving the waterfront for such municipality, within its limits and outside its limits within five miles of the corporate limits of such municipality as such limits are now or may hereafter be established, and for the purpose of securing the complete use and enjoyment of all of said improvements for such municipality whether located within or without its limits. (Acts 1919, No. 141, p. 123; Code 1923, §2044; Code 1940, T. 37, §475.)

Ala. Code § 11-47-14.1 Construction of Port Facilities by Class 1 Municipalities; Bonds and Other Contributions.

11-47-14.1. Construction of Port Facilities by Class 1 Municipalities; Bonds and Other Contributions. (a) Legislative findings. The Legislature of Alabama finds that the Tombigbee Waterway will soon be completed, and the transportation opportunities afforded thereby must be fully utilized if Alabama is to benefit from economic growth and job development potential afforded by this project, and that local governments need broader authorization to participate in the development of river port facilities necessary to accomplish this purpose. (b) Municipalities authorized to construct port facilities; limitations thereon. The council or other governing body of any Class 1 municipality may alter and change the channel of any watercourse within 25 miles of such municipality and may construct and maintain wharves and construct buildings and other improvements on and near wharves and wharf sites, within such municipality or within 25 miles of the limits thereof, and may collect wharfage dues and other charges thereon and rentals with respect thereto. Said council or other governing body may lease to others all or any part of wharves or sites for wharves constructed, maintained, or owned by such municipality and any buildings and other improvements so constructed on or near any wharf or wharf site for public or private use for a period or periods not exceeding 40 years from the completion of such construction or for a period or periods not exceeding 40 years from the delivery of the lease if such construction shall have been completed before the date of delivery of the lease, and may authorize the lessees in such leases and their sublessees to construct or maintain buildings, and other improvements upon the properties so leased and collect wharfage dues thereon and to sublet all or any part of said wharves, buildings and other improvements. (c) When authorization required by other municipalities and county governing body. No municipality shall construct or develop any facilities under the provisions of this section within the police jurisdiction of another municipality or in any unincorporated area of any county without obtaining consent from such municipality and such county evidenced by a resolution adopted by the governing body thereof approving the site of such development or construction. (d) Bond authorized. To finance such construction and development, any such municipality may issue its general obligation bonds, or may authorize an industrial development board created and operating under the provisions of Sections 11-54-80 through 11-54-101, to issue bonds secured by rentals and other income to be produced therefrom to finance such improvements. (e) Municipal and county contributions. Any municipality or county governing body may contribute public funds to any project undertaken under this section, and any municipality authorized to act under this section may contract with any county governing body and/or one or more other municipalities to jointly construct and operate facilities authorized under subsection (a) hereof. (Acts 1984, No. 84-444, p. 1033.)

Ala. Code § 11-47-15 Alteration of Channel of Watercourse; Construction, Maintenance, Leasing, Etc., of Wharves and Buildings, Etc., on and Near Wharves and Wharf Sites.

11-47-15. Alteration of Channel of Watercourse; Construction, Maintenance, Leasing, Etc., of Wharves and Buildings, Etc., on and Near Wharves and Wharf Sites. The council or other governing body of any town or city may alter and change the channel of any watercourse in the police jurisdiction of the city or town and may construct and maintain wharves and construct buildings and other improvements on and near wharves and wharf sites and may collect wharfage dues and other charges thereon and rentals with respect thereto. Said council or other governing body may lease to others all or any part of wharves or sites for wharves constructed, maintained, or owned by such town or city and any buildings and other improvements so constructed on or near any wharf or wharf site for public or private use for a period or periods not exceeding 40 years from the completion of such construction or for a period or periods not exceeding 40 years from the delivery of the lease if such construction shall have been completed before the date of delivery of the lease, and may authorize the lessees in such leases and their sublessees to construct or maintain buildings and other improvements upon the properties so leased and collect wharfage due thereon and to sublet all or any part of said wharves, buildings and other improvements. (Acts 1939, No. 37, p. 38; Code 1940, T. 37, §470; Acts 1961, No. 820, p. 1206.)

Ala. Code § 11-47-16 Establishment, Acquisition, Administration, Etc., of Public Cultural Facilities.

11-47-16. Establishment, Acquisition, Administration, Etc., of Public Cultural Facilities. Each county, city, and town in this state shall have power to establish, operate, maintain, or contract with others to operate and maintain public cultural facilities consisting of museums, art galleries, art centers, music halls, and related facilities, and, if necessary, to acquire sites for, construct, or otherwise acquire such facilities, all to the end of making cultural facilities available to the public, whether separately or grouped two or more in the same building. Whenever any such facilities shall have been so established they may be administered by and through such instrumentality or instrumentalities as may be designated for that purpose by the governing body of such county, city, or town. (Acts 1936, Ex. Sess., No. 151, p. 168; Code 1940, T. 37, §511; Acts 1963, No. 541, p. 1159; Acts 1983, 2nd Ex. Sess., No. 83-163, p. 333.)

Ala. Code § 11-47-17 Provision of Public Scales, Inspection of Weights and Measures, Etc.

11-47-17. Provision of Public Scales, Inspection of Weights and Measures, Etc. The council or other governing body of any town or city may provide public scales and an inspection of weights and measures and may provide punishment for persons, firms and corporations using fraudulent weights and measures. (Acts 1939, No. 37, p. 38; Code 1940, T. 37, §470; Acts 1961, No. 820, p. 1206.)

Ala. Code § 11-47-18 Provision for Lighting, Sprinkling, and Cleaning of Streets.

11-47-18. Provision for Lighting, Sprinkling, and Cleaning of Streets. The council or other governing body of any town or city may provide for lighting, sprinkling, and cleaning the streets by contract or otherwise. (Acts 1939, No. 37, p. 38; Code 1940, T. 37, §470; Acts 1961, No. 820, p. 1206.)

Ala. Code § 11-47-19 Establishment, Etc., of Public Grounds, Parks, Etc., and Provision of Music and Other Exhibitions.

11-47-19. Establishment, Etc., of Public Grounds, Parks, Etc., and Provision of Music and Other Exhibitions. The council or other governing body of any town or city may establish, lay out and improve public grounds, parks, and boulevards and regulate the same and may provide music and other exhibitions for the amusement of the inhabitants. (Acts 1939, No. 37, p. 38; Code 1940, T. 37, §470; Acts 1961, No. 820, p. 1206.)

Ala. Code § 11-47-20 Disposition of Unneeded Real Estate - Generally.

11-47-20. Disposition of Unneeded Real Estate - Generally. The governing body of any city or town in this state may, by ordinance to be entered on its minutes, direct the disposal of any real property not needed for public or municipal purposes and direct the mayor to make title thereto, and a conveyance made by the mayor in accordance with such ordinance invests the grantee with the title of the municipality. (Acts 1953, No. 843, p. 1135, §1.)

Ala. Code § 11-47-21 Disposition of Unneeded Real Estate - Leasing Thereof.

11-47-21. Disposition of Unneeded Real Estate - Leasing Thereof. The governing body of any city or town in this state may, by ordinance to be entered on its minutes, lease any of its real property not needed for public or municipal purposes, and a lease made by the mayor in accordance with such ordinance shall be binding for the term specified in the lease, not to exceed a period of 99 years; provided, that in counties having a population of not less than 225,000 and not more than 400,000 inhabitants according to the most recent federal decennial census, such limitation of the term to a period of 99 years shall not apply to any oil, gas, or mineral lease made in accordance with such ordinance. (Acts 1953, No. 843, p. 1135, §2; Acts 1957, No. 412, p. 574.)

Ala. Code § 11-47-22 Exercise of Police Jurisdiction Over Hospitals, Poorhouses, Cemeteries, Etc.

11-47-22. Exercise of Police Jurisdiction Over Hospitals, Poorhouses, Cemeteries, Etc. All cities and towns of this state shall have the power to exercise police jurisdiction over all lands purchased or acquired by the city or town for the purpose of being used or occupied as a hospital, quarantine station, poorhouse, pesthouse, workhouse or house of correction, schoolhouse, sanitary or storm water sewers, rights-of-way, cemeteries and parks, and the laws and ordinances of the cities and towns shall apply to and extend over all the lands so used or occupied and the inhabitants thereof. (Code 1907, §1288; Code 1923, §2046; Code 1940, T. 37, §477.)

Ala. Code § 11-47-23 Limitation Periods for Presentation of Claims Against Municipalities.

11-47-23. Limitation Periods for Presentation of Claims Against Municipalities. All claims against the municipality (except bonds and interest coupons and claims for damages) shall be presented to the clerk for payment within two years from the accrual of said claim or shall be barred. Claims for damages growing out of torts shall be presented within six months from the accrual thereof or shall be barred. (Code 1907, §1191; Code 1923, §1907; Code 1940, T. 37, §476.)

Ala. Code § 11-47-24 Government Agency Required to Provide Defense Counsel to Any Employee Sued for Damages Arising Out of Performance of Official Duties; Municipal Corporation Authorized to Obtain Liability Insurance.

11-47-24. Government Agency Required to Provide Defense Counsel to Any Employee Sued for Damages Arising Out of Performance of Official Duties; Municipal Corporation Authorized to Obtain Liability Insurance. (a) Whenever any employee of a municipal corporation of the State of Alabama shall be sued for damages arising out of the performance of his official duties, and while operating a motor vehicle or equipment engaged in the course of his employment, such government agency shall be authorized and required to provide defense counsel for such employees in such suit and to indemnify him from any judgment rendered against him in such suit. In no event shall a municipal corporation of the state be required to provide defense and indemnity for employees who may be sued for damages arising out of actions which were either intentional or willful or wanton. (b) All municipal corporations of the State of Alabama are hereby authorized to contract at governmental expense for policies of liability insurance to protect employees in the course of their employment. (Acts 1988, No. 88-657, p. 1055.)

Ala. Code § 11-47-25 Acceptance of Credit Card Payments in Class 1 Municipalities.

11-47-25. Acceptance of Credit Card Payments in Class 1 Municipalities. (a) This section shall apply only in a Class 1 municipality. (b) Notwithstanding any other provision of law to the contrary, any office or unit of a Class 1 municipality government required or authorized to receive or collect any payments to the municipality or to state or local government may, upon approval of the mayor, accept a credit card payment of the amount. (c) This section shall be broadly construed to authorize acceptance of credit card payments by: (1) All departments, agencies, boards, bureaus, commissions, authorities, and other units of the municipality. (2) All officers, officials, employees, and agents of the municipal units of the municipality. (d) This section shall be broadly construed to authorize acceptance of credit card payments of all types of amounts payable to or collected by the municipality, including, but not limited to, taxes, license and registration fees, fines, and penalties. (e) For purposes of this section, the term “credit card” shall include any credit cards, charge cards, and other debit cards issued by any bank, foreign lender, domestic lender, or credit card bank as defined in Section 5-20-3. (f) The governing body of the municipality may establish procedures, rules, and regulations for the acceptance of credit card payments for the matters and amounts payable covered by this section. (g) Whether to accept credit card payments for any type of payment including, but not limited to, payments for building permits, traffic citations, licenses, and taxes shall be made by the mayor after consultation with the office, board, or other body accepting payments. If credit card payments are to be accepted, the office, board, or other body shall do so in accordance with the procedures, rules, and regulations established by the governing body. The procedures, rules, and regulations may provide for appropriate agreements with credit card issuers or other appropriate parties as needed to facilitate the acceptance of credit card payments. Without limiting the generality of the foregoing, the agreements, if authorized by the municipal governing body, may provide for the acceptance of credit card payments at a discount from their face amount of the payment and may make any payment of discount or administrative fees by paying an invoice or by allowing withholding of discounts or administrative fees from the face amount of the credit card payments. The discount or administrative fees may be authorized when the officer, board, or other body determines that any reduction of revenue resulting from the discount or fees will be in the best interest of the municipality. Factors which may be considered in making that determination may include, but are not limited to, improved governmental finance, security, or a combination of one or more of the foregoing together with the benefit of increased public convenience. Any agreement shall provide that it may be canceled at any time by the affected officer or unit of government, but the agreement shall provide for a reasonable period of notice of cancellation. (h) An office, board, or other body authorizing acceptance of credit card payments may impose a surcharge upon the person making a payment by credit card. When a party elects to make a payment by credit card and a surcharge is imposed, the payment of the surcharge shall be deemed voluntary by the party and shall not be refundable. (i) No person making any payment by credit card shall be relieved from liability for the underlying obligation only to the extent the municipality realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the credit card issuer or other guarantor of payment in the credit card transaction, then the underlying obligation shall survive and the municipality shall retain all remedies for enforcement which would have applied if the credit card transaction had not occurred. No contract may modify the provisions of this subsection. This subsection shall not make the underlying obligor liable for any discount or administrative fees paid to a credit card issuer or other party by the municipality. (j) A municipal government officer or employee of the municipality who accepts a credit card payment in accordance with this section and any applicable procedures, rules, or regulations of the governing body shall not thereby incur any personal liability for the final collection of the payments. (Act 2000-377, p. 593, §1.)

Ala. Code § 11-47-26 Payment of Municipal Employees by Direct Deposit of Wages.

11-47-26. Payment of Municipal Employees by Direct Deposit of Wages. (a) A municipality may adopt a policy to require new employees hired by the municipality after the adoption of the policy to participate in direct deposit of the employee’s wages. (b) If a municipality elects to pay the wages of its employees by direct deposit, the municipality shall do all of the following: (1) Provide a municipal employee with an electronic fund transfer authorization form. (2) Deposit the wage of a municipal employee into a personal bank account at a financial institution selected by the employee on the electronic fund transfer authorization form. (3) Each time the municipality pays the wage of a municipal employee by direct deposit, provide the employee with a direct deposit statement that includes: a. The total amount of the wage. b. Any amount deducted from the wage. c. The amount of the wage directly deposited into the personal bank account selected by the employee. (c) A municipality may not require an employee to participate in direct deposit of the employee’s wages if the employee would incur fees charged to the employee’s account as a result of the direct deposit and a comparable financial institution that would not charge a fee for a direct deposit is not available to the employee in the municipality. (d) An employe may opt out of the direct deposit requirement by submitting a written request to his or her employer prior to the end of the first pay period, or once annually thereafter. (Act 2014-334, p. 1231, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026