(a) In Cullman County, the governing body of the Town of Garden City may own, operate, manage, and preserve the former Garden City school property in the Town of Garden City, including any ball fields and other historical structures, owned by the Cullman County Board of Education. To the extent allowed under Section 36-1-12, members of the governing body are immune from civil liability for actions taken in the conduct of their duties relating to the Garden City school property.
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Terms Used In Alabama Code 45-22-100.07

  • following: means next after. See Alabama Code 1-1-1
  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b)

(1) The governing body of the Town of Garden City may accept title to the former Garden City school property owned by the Cullman County Board of Education and may hold the property for the benefit and use of the public, particularly the Town of Garden City. The governing body of the Town of Garden City may receive state, local, and other governmental funding and may accept charitable donations for the operation, management, and preservation of the former Garden City school property.
(2)

a. Except as otherwise provided in paragraph b., the governing body of the Town of Garden City may not sell or transfer ownership of the property unless approved by majority vote of the governing body and then by a majority vote of the qualified electors in the Town of Garden City at a referendum called by the Judge of Probate of Cullman County and held during the following general election.
b. Notwithstanding paragraph a., the governing body of the Town of Garden City by a majority vote may sell without a referendum a part of the former Garden City school property, not including the school, more particularly described as 7.2 acres – Lots 2 and 4, BLKS 23, 24, and 25 and Lots 1 and 2, BLK 26 of Garden City subdivision, less and except certain property, (PIN 30626, Parcel No. 25-02-09-0-051-005.000).
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