Article 1 Auburn 45-41A-10 – 45-41A-12
Article 4 Opelika 45-41A-40 – 45-41A-43

Terms Used In Alabama Code > Title 45 > Chapter 41A

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • applicant: A natural person who files a written application with the governing body of the city in accordance with Section 45-41A-10. See Alabama Code 45-41A-10.01
  • applicant: A natural person who files a written application with the governing body of the city in accordance with Section 45-41A-40. See Alabama Code 45-41A-40.01
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include amended and restated articles of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate of incorporation, including any amended certificate, and also include, except where the context otherwise requires, articles of merger. See Alabama Code 10A-2-1.40
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: The Auburn Downtown Redevelopment Authority, a public corporation organized pursuant to this part. See Alabama Code 45-41A-10.01
  • authority: The Opelika Downtown Redevelopment Authority, a public corporation organized pursuant to this part. See Alabama Code 45-41A-40.01
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the city in accordance with Section 45-41A-10. See Alabama Code 45-41A-10.01
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the city in accordance with Section 45-41A-40. See Alabama Code 45-41A-40.01
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • benefit: Any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary. See Alabama Code 13A-10-60
  • board: The board of directors of the authority. See Alabama Code 45-41A-10.01
  • board: The board of directors of the authority. See Alabama Code 45-41A-40.01
  • bonds: Bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-41A-10.01
  • bonds: Shall include bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-41A-40.01
  • cash: Any legal tender, negotiable paper, or solvent credit. See Alabama Code 40-18-1
  • city: The City of Auburn, Alabama. See Alabama Code 45-41A-10.01
  • city: The City of Opelika, Alabama. See Alabama Code 45-41A-40.01
  • city: The City of Opelika, Alabama. See Alabama Code 45-41A-41.02
  • CIVIL FINE: The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction. See Alabama Code 45-41A-41.02
  • CIVIL VIOLATION: There is hereby created a noncriminal category of law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. See Alabama Code 45-41A-41.02
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • commissioner: The Commissioner of Revenue of the State of Alabama. See Alabama Code 40-18-360
  • contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 10A-1-1.03
  • conviction: An adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. See Alabama Code 13A-10-190
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2 or Chapter 2A, as applicable, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
  • corporation: The term includes associations, joint stock companies, and any other entity classified as an association taxable as a corporation for federal income tax purposes. See Alabama Code 40-18-1
  • department: The Alabama Department of Revenue. See Alabama Code 40-18-442
  • detonator: A device containing a detonating charge that is used to initiate detonation in an explosive, including, but not limited to, electric blasting caps, blasting caps for use with safety fuses, and detonating cord delay connectors. See Alabama Code 13A-10-190
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 10A-1-1.03
  • director: The Director of the Alabama State Law Enforcement Agency. See Alabama Code 13A-10-190
  • director: A member of the board of the authority. See Alabama Code 45-41A-10.01
  • director: A member of the board of the authority. See Alabama Code 45-41A-40.01
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • distribute: The actual, constructive, or attempted transfer from one person to another. See Alabama Code 13A-10-190
  • Distribution: means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of any one or more of its shareholders in respect of any of its shares. See Alabama Code 10A-2-1.40
  • domestic: When applied to a corporation or subchapter K entity means created or organized under the laws of the State of Alabama. See Alabama Code 40-18-1
  • DOWNTOWN DEVELOPMENT AREA: The central business district of the city as described in subsection (b) of Section 45-41A-10. See Alabama Code 45-41A-10.01
  • DOWNTOWN DEVELOPMENT AREA: The central business district of the city as described in subsection (b) of Section 45-41A-40. See Alabama Code 45-41A-40.01
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • equity security: when used in this chapter, means any stock or similar security or any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security, or any such warrant or right or any other security which the commissioner shall deem to be of similar nature and consider necessary or appropriate, by such rules and regulations as he may prescribe in the public interest or for the protection of investors, to treat as an equity security. See Alabama Code 27-27-58
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • explosive: A chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property. See Alabama Code 13A-10-190
  • felony: An offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. See Alabama Code 13A-10-190
  • Fiduciary: A trustee, executor, or administrator.
  • fiduciary: A guardian, trustee, executor, administrator, personal representative, receiver, conservator, or any person acting in any fiduciary capacity for any person. See Alabama Code 40-18-1
  • FISCAL YEAR: An accounting period of 12 months ending on the last day of any month other than December. See Alabama Code 40-18-1
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • GOVERNING BODY: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-41A-10.01
  • GOVERNING BODY: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-41A-40.01
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • incendiary: A flammable or combustible liquid or compound with a flash point of 100 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device including, but not limited to, gasoline, kerosene, fuel oil, or a derivative of these substances. See Alabama Code 13A-10-190
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-41A-10.01
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-41A-40.01
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • jurat: A clause wherein a notary public or other attesting officer authorized by law to administer oaths in connection with affidavits, depositions and other subscribed written instruments certifies that the subscriber has appeared before him and sworn to the truth of the contents thereof. See Alabama Code 13A-10-100
  • juror: Any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. See Alabama Code 13A-10-120
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • manufacturing: The process of combining two or more components necessary to produce a destructive device, over-pressure device, explosive, detonator, or poison gas, with the exception of commercially manufactured reactive targets used for recreational shooting purposes, or manufactured under provisions set forth under a permit issued by the State Fire Marshal. See Alabama Code 13A-10-190
  • material: A statement is "material" regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding. See Alabama Code 13A-10-100
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • oath: Such term includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. See Alabama Code 13A-10-100
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
  • OFFICIAL PROCEEDING: Any proceeding heard before any legislative, judicial, administrative or other government agency or official authorized to hear evidence under oath. See Alabama Code 13A-10-100
  • OVER-PRESSURE DEVICE: A frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage. See Alabama Code 13A-10-190
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country. See Alabama Code 45-41A-41.02
  • paid: For the purpose of deductions and credits hereinafter provided for with respect to income tax means paid or accrued or paid or incurred, and the terms paid or accrued and paid or incurred shall be construed according to the method of accounting on the basis of which the net income is computed under this chapter. See Alabama Code 40-18-1
  • PARTY OFFICER: A person who holds any position or office in a political party, whether by election, appointment or otherwise. See Alabama Code 13A-10-60
  • PECUNIARY BENEFIT: Benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. See Alabama Code 13A-10-60
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality. See Alabama Code 45-41A-10.01
  • person: An individual, firm, proprietorship, association, corporation, or another entity. See Alabama Code 40-18-442
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality. See Alabama Code 45-41A-40.01
  • person: Any individual, trust, estate, corporation, association, disregarded entity, or subchapter K entity. See Alabama Code 40-18-1
  • PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A camera system which is designed and installed to work in conjunction with an electrically operated traffic-control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection. See Alabama Code 45-41A-41.02
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • POISON GAS: A toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings. See Alabama Code 13A-10-190
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-41A-10.01
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-41A-40.01
  • PRIVATE ADOPTION: An adoption through a private agency in which the adoptive parent(s) reside in Alabama. See Alabama Code 40-18-360
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • project: Interest in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, general business, and employment opportunities in the downtown development area. See Alabama Code 45-41A-10.01
  • project: Interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the downtown development area. See Alabama Code 45-41A-40.01
  • property: Real or personal property of any kind including money, choses in action, and other similar interests in property. See Alabama Code 13A-10-190
  • ptin: Preparer Tax Identification Number issued by the Internal Revenue Service and referenced in Internal Revenue Service Notice 2011-6. See Alabama Code 40-18-442
  • PUBLIC BUILDING: A structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to, structures owned, operated, or leased by the state, the United States, any of the several states, or a foreign nation or any political subdivision or authority thereof; a religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association. See Alabama Code 13A-10-190
  • PUBLIC SERVANT: As used in this article, such term includes persons who presently occupy the position of a public servant, as defined in Section 13A-10-1(7), or have been elected, appointed or designated to become a public servant although not yet occupying that position. See Alabama Code 13A-10-60
  • QUALIFIED FOSTER CHILD: Any individual who:

    a. See Alabama Code 40-18-360

  • Quorum: The number of legislators that must be present to do business.
  • Recess: A temporary interruption of the legislative business.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • REQUIRED OR AUTHORIZED BY LAW: An oath is "required or authorized by law" when the use of the oath is provided for by statute or municipal ordinance. See Alabama Code 13A-10-100
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Alabama Code 10A-2-1.40
  • state: The State of Alabama. See Alabama Code 45-41A-10.01
  • state: The State of Alabama. See Alabama Code 45-41A-40.01
  • STATE FIRE MARSHAL: The State Fire Marshal who is appointed by the Commissioner of Insurance pursuant to Section 27-2-10. See Alabama Code 13A-10-190
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • TAXABLE YEAR: The calendar year or the fiscal year ending during the calendar year upon the basis of which net income is computed, or a period of less than 12 months resulting from a change in accounting period as provided in Section 40-18-30. See Alabama Code 40-18-1
  • taxpayer: Any person subject to a tax imposed by this chapter, or whose income is, in whole or in part, subject to a tax imposed by this chapter. See Alabama Code 40-18-1
  • Testify: Answer questions in court.
  • testimony: Such term includes oral or written statements, documents or any other material that may be offered as evidence in an official proceeding. See Alabama Code 13A-10-120
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, 32-5A-32, or 32-5A-35, or any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic-control signal for that vehicle's lane of travel is emitting a steady red signal. See Alabama Code 45-41A-41.02
  • TRAFFIC-CONTROL SIGNAL: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1. See Alabama Code 45-41A-41.02
  • TRAINED TECHNICIAN: A sworn law enforcement officer employed by the city, who alternatively:

    a. See Alabama Code 45-41A-41.02

  • trust: Any entity which is a trust for federal income tax purposes. See Alabama Code 40-18-1
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • WEAPONS OF MASS DESTRUCTION: Include any of the following:

    a. See Alabama Code 13A-10-190