Consolidation of Noncontiguous Municipalities.

Ala. Code tit. 11, tit. 2, ch. 42, art. 5

in effect

Ala. Code § 11-42-150 Applicability of Provisions of Article.

11-42-150. Applicability of Provisions of Article. Two cities or towns whose boundaries touch may consolidate and merge themselves with a third city or town not contiguous to either, but whose boundary line is within one mile or less of the boundary line of either of the other two cities or towns, in the manner set out in this article. (Acts 1919, No. 423, p. 547; Code 1923, §1859; Code 1940, T. 37, §218.)

Ala. Code § 11-42-151 Councils to Define Boundaries of Territory to Be Incorporated in Consolidated Municipality Upon Receipt of Petition Requesting Election as to Consolidation.

11-42-151. Councils to Define Boundaries of Territory to Be Incorporated in Consolidated Municipality Upon Receipt of Petition Requesting Election as to Consolidation. When 10 percent in numbers of the qualified voters according to the last municipal election of each of the municipalities to be consolidated shall sign a petition addressed to their respective municipal councils, requesting that an election be held to determine whether the three municipalities be consolidated, said councils of the municipalities between which outside territory to be incorporated in the consolidated municipality lies shall define the boundaries of such territory. (Acts 1919, No. 423, p. 547; Code 1923, §1860; Code 1940, T. 37, §219.)

Ala. Code § 11-42-152 Calling of Election; Conduct of Election Generally; Notice of Election.

11-42-152. Calling of Election; Conduct of Election Generally; Notice of Election. (a) The governing bodies shall within 10 days thereafter call an election at which the qualified electors residing in the municipalities may vote at their usual voting places for or against consolidation, and the voters residing in the territory outside the limits of either of the municipalities shall also be permitted to vote at the voting place in either municipality nearest to their place of residence. (b) The governing bodies of each municipality shall name the election officers in their respective municipalities, and said election shall be governed, the returns canvassed and the results declared as provided by law for other municipal elections. (c) Such election shall be held in each of such municipalities on the same day and must be advertised in each of the newspapers published in the county in which such municipalities are situated once a week for four successive weeks, and said advertisement shall state the purpose for which such election is called, the time of holding the same, and the territory outside of either municipality which is proposed to be incorporated into the consolidated municipality. (Acts 1919, No. 423, p. 547; Code 1923, §1861; Code 1940, T. 37, §220.)

Ala. Code § 11-42-153 Form and Marking of Ballots.

11-42-153. Form and Marking of Ballots. (a) At the election provided for in this article the municipal authorities shall furnish ballots on which shall be printed: “Election to provide for the consolidation of _______ (Naming the cities or towns to be consolidated). For Consolidation _____ Against Consolidation _____ ” (b) The voter shall express his choice by making a cross mark (X) opposite the phrase expressing his choice. (Acts 1919, No. 423, p. 547; Code 1923, §1863; Code 1940, T. 37, §222.)

Ala. Code § 11-42-154 Forwarding of Statement of Vote to Probate Judge and Canvassing of Returns; Ascertainment and Publication of Election Results.

11-42-154. Forwarding of Statement of Vote to Probate Judge and Canvassing of Returns; Ascertainment and Publication of Election Results. Within five days after such election the mayor or other chief executive officer shall forward to the probate judge of the county in which such municipalities are located a statement in writing, showing the number of votes cast for and against the proposed consolidation, and the probate judge shall canvass the returns made to him and ascertain the number of votes cast for and against consolidation and publish the same by posting written notice at the courthouse door of the county. (Acts 1919, No. 423, p. 547; Code 1923, §1862; Code 1940, T. 37, §221.)

Ala. Code § 11-42-155 Rights, Powers, Duties, and Name of Consolidated Municipality; Disposition of Property, Obligations, and Contracts of Consolidating Municipalities.

11-42-155. Rights, Powers, Duties, and Name of Consolidated Municipality; Disposition of Property, Obligations, and Contracts of Consolidating Municipalities. (a) If the majority of the votes cast in each municipality separately are in favor of consolidation, the three municipalities and other territory included shall be consolidated into one municipality which shall have all the rights, powers, and duties conferred by any law, general or special, of the largest in population of the consolidating municipalities and until otherwise changed shall bear its name. (b) The municipal property of each of the consolidating municipalities shall vest in the consolidated municipality, and all outstanding obligations and contracts of whatever kind shall be assumed by the consolidated municipality. (Acts 1919, No. 423, p. 547; Code 1923, §1864; Code 1940, T. 37, §223.)

Ala. Code § 11-42-156 Continuation in Office and Powers and Duties of Mayors and Aldermen of Consolidating Municipalities.

11-42-156. Continuation in Office and Powers and Duties of Mayors and Aldermen of Consolidating Municipalities. The aldermen in office in each of the consolidating municipalities shall constitute the board of aldermen of the consolidated municipality until the next general municipal election after the consolidation. The mayor or chief executive of the largest in population shall be the mayor or chief executive of the consolidated municipality until the next general municipal election after the consolidation. The mayor or chief executive of the other municipalities shall continue in office until the next general municipal election after the consolidation, but they shall have only such powers and perform such duties as may be prescribed by the council of the consolidated municipality. (Acts 1919, No. 423, p. 547; Code 1923, §1865; Code 1940, T. 37, §224.)

Ala. Code § 11-42-157 Division of Consolidated Municipality into Wards; Election of Officers of Consolidated Municipality.

11-42-157. Division of Consolidated Municipality into Wards; Election of Officers of Consolidated Municipality. The council of the consolidated municipality shall before the next general municipal election divide the consolidated municipality into a suitable and convenient number of wards, and at the next municipal election thereafter there shall be elected in the consolidated municipality the officers provided by general law for the government of towns and cities. (Acts 1919, No. 423, p. 547; Code 1923, §1866; Code 1940, T. 37, §225.)

Ala. Code § 11-42-158 Collection and Disbursement of Taxes.

11-42-158. Collection and Disbursement of Taxes. The consolidated municipality shall collect all taxes or other obligations due the consolidating municipalities and disburse the same. (Acts 1919, No. 423, p. 547; Code 1923, §1867; Code 1940, T. 37, §226.)

Ala. Code § 11-42-159 Continuation in Office of Boards of Education of Consolidating Municipalities; Election of Board of Education for Consolidated Municipality.

11-42-159. Continuation in Office of Boards of Education of Consolidating Municipalities; Election of Board of Education for Consolidated Municipality. The boards of education in the consolidating municipalities shall continue in office and in charge of their respective schools until the next general election after the consolidation, and after such election the council of the consolidated municipality shall elect a board of education as provided by law. (Acts 1919, No. 423, p. 547; Code 1923, §1868; Code 1940, T. 37, §227.)

Ala. Code § 11-42-160 Continuation of Rights of Action Against Municipality Annexed.

11-42-160. Continuation of Rights of Action Against Municipality Annexed. All rights of action existing against the city or town annexed shall be a right of action against the city or town annexing the other city or town, and a civil action may be brought against the annexing city or town the same as if the right of action originally existed against the annexing city or town. (Code 1907, §1145; Code 1923, §1840; Code 1940, T. 37, §207.)

Ala. Code § 11-42-161 Continuation of Civil Actions Brought by Municipality Annexed.

11-42-161. Continuation of Civil Actions Brought by Municipality Annexed. All civil actions pending brought by the city or town annexed, shall, on motion, be made a civil action by the city or town annexing the other city or town, and the right to prosecute such civil action to final judgment by the annexing city or town shall exist the same as if the right of action originally existed in favor of the annexing city or town. (Code 1907, §1146; Code 1923, §1841; Code 1940, T. 37, §208.)

Ala. Code § 11-42-162 Continuation of Rights of Action of Municipality Annexed.

11-42-162. Continuation of Rights of Action of Municipality Annexed. All rights of action existing in favor of the city or town annexed shall be a right of action existing in favor of the city or town annexing the other city or town, and it may bring a civil action the same as if such right of action originally existed in favor of the annexing city or town. (Code 1907, §1147; Code 1923, §1842; Code 1940, T. 37, §209.)

Ala. Code § 11-42-163 Payment or Assumption of Indebtedness and Liabilities of Municipality Annexed.

11-42-163. Payment or Assumption of Indebtedness and Liabilities of Municipality Annexed. All indebtedness and liabilities of every kind and character of the city or town annexed shall be paid or payment thereof assumed by the annexing city or town. As between the city or town annexed and the annexing city or town, the agreement of annexation and the terms thereof shall be binding as regards the payment or assumption of such indebtedness, but as to creditors, the payment or the assumption of payment by the annexing city or town shall be absolute and unconditional. (Code 1907, §1148; Code 1923, §1843; Code 1940, T. 37, §210.)

Ala. Code § 11-42-164 Annexation Agreement Deemed Contract Between Municipalities; Right of Persons Residing in Annexed Municipality to Enforce Agreement Against Annexing Municipality.

11-42-164. Annexation Agreement Deemed Contract Between Municipalities; Right of Persons Residing in Annexed Municipality to Enforce Agreement Against Annexing Municipality. The agreement of annexation shall be and shall be held to be a contract by and between the city or town annexed and the city or town to which annexation is made, and no amendment of this article or subsequent law enacted shall in anywise abrogate or change the terms of the agreement of annexation, and any person residing in or owning property in the territory which was embraced within the city or town annexed shall have the right in a court having jurisdiction to require the annexing city or town to abide by and carry out the provisions of the agreement of annexation. (Code 1907, §1149; Code 1923, §1844; Code 1940, T. 37, §211.)

Ala. Code § 11-42-165 Enactment and Passage of Ordinances and Resolutions to Carry Out Annexation Agreement.

11-42-165. Enactment and Passage of Ordinances and Resolutions to Carry Out Annexation Agreement. The council or governing body of the annexing city or town shall enact such ordinances and pass such resolutions as may be necessary or deemed necessary to carry out the agreement of annexation, and any ordinance or resolution enacted or passed by the council or governing body of the annexed city or town in violation of the terms and provisions of the agreement of annexation shall be held to be void. (Code 1907, §1150; Code 1923, §1845; Code 1940, T. 37, §212.)

Ala. Code § 11-42-166 Dissolution of Annexed Municipality; Ordinances, Resolutions, and Bylaws of Annexing Municipality Applicable to and Enforceable in Municipality Annexed.

11-42-166. Dissolution of Annexed Municipality; Ordinances, Resolutions, and Bylaws of Annexing Municipality Applicable to and Enforceable in Municipality Annexed. The annexed city or town from and after the time of annexation, under the terms of this article, shall be and shall be held to be dissolved, and from and after the time of such dissolution all of the ordinances, resolutions, and bylaws of the annexing city or town shall apply to and be enforceable in the territory which was embraced in the annexed city or town, except insofar as is inconsistent with the terms and provisions of the agreement of annexation. (Code 1907, §1151; Code 1923, §1846; Code 1940, T. 37, §213.)

Ala. Code § 11-42-167 Rights, Powers, Duties, Etc., of Annexing Municipality as to Municipality Annexed Attach Upon Dissolution of Same.

11-42-167. Rights, Powers, Duties, Etc., of Annexing Municipality as to Municipality Annexed Attach Upon Dissolution of Same. The rights, powers, duties, liabilities, and jurisdiction of the annexing city or town over the territory embraced in the corporate limits of the city or town annexed and over the inhabitants thereof shall attach immediately upon the dissolution of the annexed city or town as provided in Section 11-42-166, except insofar as limited by the terms and provisions of the agreement of annexation. (Code 1907, §1152; Code 1923, §1847; Code 1940, T. 37, §214.)

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