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Approved August 23, 1976.
Time: 3:00 P.M.

Act No. 376

S. 474 Stewart

AN ACT

Relating to Calhoun County, authorizing the county governing body to contribute available county funds to the Anniston Museum of Natural History. Be It Enacted by the Legislature of Alabama:

Section 1. The county governing body of Calhoun County is hereby authorized to contribute any funds which might be available for such purposes from the county general fund to the Anniston Museum of Natural History.

Section 2. The provisions of this act are severable. If any part of the act is declared invalid or unconstitutional, such declaration shall not affect the part which remains.

Section 3. All laws or parts of laws which conflict with this act are hereby repealed.

Section 4. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Approved August 23, 1976.
Time: 3:00 P.M.

Act No. 377

S. 494_Fine

AN ACT

For the relief of Continental Telephone Company; making an appropriation from the state treasury to compensate such company for telephone service furnished for the district attorney of the Twentyfourth Judicial Circuit in prior years. Be It Enacted by the Legislature of Alabama:

Section 1. The sum of one thousand eight hundred ninety one dollars and thirty eight cents ($1,891.38) is hereby appropriated out of any funds in the state treasury not otherwise appropriated to Continental Telephone Company to compensate such company for telephone service furnished to the district attorney of the Twenty-fourth Judicial Circuit of Alabama in prior years.

Continental Telephone Company provided such telephone service to the office of the district attorney, but the appropriation for prior years was not adequate to pay for such service. This service was received by the district attorney and is a just and moral claim against the State of Alabama for which Continental Telephone Company has no remedy at law to recover the same.

Section 2. The State comptroller is directed to draw a warrant on the state treasury in favor of Continental Telephone Company for the amount appropriated herein.

Section 3. This act shall become effective upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Approved August 23, 1976.
Time: 3:00 P.M.

Act No. 378

S. 514-Stewart

AN ACT Relating to counties having a population of not less than 95,000 nor more than 115,000 inhabitants according to 1970 or any subsequent federal decennial census; to relieve and exempt the Clerk of the county or district court and the tax collector of such counties from personal liability for errors, mistakes and omissions of employees serving under him. Be It Enacted by the Legislature of Alabama:

Section 1. The Clerk of the county or district court and the tax collector of counties having a population of not less than 95,000 nor more than 115,000 inhabitants according to the 1970 or any subsequent federal decennial census shall not be personally liable to penalty, fine or damages arising or caused by the error, mistake or omission of any of his employees, when such error, mistake or omission of any of his employees, is corrected promptly when brought to his attention. Such officers shall, however, continue to be liable for any and all misuse or misappropriations of funds by any such clerks or assistants to the same extent and under the same conditions and penalties that such clerks are liable therefor pursuant to law.

Section 2. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Approved August 23, 1976.
Time: 3:00 P.M.

Act No. 379

S. 549—Clemon

AN ACT

TO EMPOWER THE GOVERNING BODY OF ANY CITY IN THE STATE HAVING A POPULATION OF TWO HUNDRED FIFTY THOUSAND OR MORE TO ESTABLISH A PENSION AND RELIEF OR RETIREMENT AND RELIEF SYSTEM FOR ITS UNCLASSIFIED EMPLOYEES, THE BENEFITS OF WHICH MAY EXTEND TO THE WIDOWS AND CHILDREN OF SUCH EMPLOYEE; AND TO PROVIDE FOR A BOARD OF MANAGERS BY WHICH THE SAME SHALL BE ADMINISTERED. Be It Enacted by the Legislature of Alabama:

Section 1. Application Of The Act: This Act shall apply to all cities in the State having a population of 250,000, or more, according to the last, or any subsequent, federal decennial census.

Section 2. Definitions: The following words and phrases, including the plural of any thereof, whenever used in this Act shall, in the absence of clear implication hereinotherwise, have the following respective meanings:

“City” means any city in the State having a population of 250,000 or more inhabitants according to the last or any succeeding federal decennial census.

"Employee" means a person between whom and the city there exists the technical relationship of employer and employee, whether such employment be casual or permanent, and whether such person be employed through the Mayor, governing body, or a subsidiary body of such city such as a board; provided, however, that such term shall not include any employee of such city whose employment is governed by the terms of any civil service or personnel statute now or hereafter applicable to the city, or who is covered by any pension and relief or retirement and relief system established by statute; and shall exclude elected officials, recorders, professional, administrative and clerical employees hired by and responsible to the Mayor.

“Employed In Its Unclassified Service” means employment other than as defined in any civil service or personnel statute now or hereafter applicable to such city.

"Governing Body” shall mean the City Council or such other body in which the general legislative powers of the municipality are vested.

Mayor" means the Mayor or other Chief Executive Officer of such city.

"Participant” means a qualified employee who participates in any system established by the governing body under the provisions of this Act.

"System” means any pension and relief or retirement and relief system established by the governing body under the provisions of this Act.

Section 3. The governing body may, by duly enacted ordinance, establish a pension and relief or retirement and relief system for the city for the benefit of its employees employed in its unclassified service. Any ordinance establishing

. a system under the provision hereof shall provide the conditions under which the employee of such city shall participate therein; the benefits such system shall provide; and the method in which the same shall be funded. Any such ordinance may include provisions requiring employees to participate in funding the system established thereby by making periodic contributions to the same. Any such ordinance shall also provide for administration of such system by a board of managers as hereinafter defined.

Section 4. Board of Managers: The administration of any system established by the governing body under the provisions hereof shall be under a board of managers having three members, one of which shall be appointed by the Mayor, one of which shall be elected by the participants in the system, and one of which shall be selected by the other two members.

Section 5. Retroactivity: The provisions of this Act are retroactive to December 1, 1975, and any system established by the governing body hereunder may be retroactive to the same date.

Section 6. Provisions Cumulative: This Act shall not be construed as a restriction or limitation upon any power, right or remedy which any city may otherwise have, and the provisions thereof shall be construed as cumulative.

Section 7. Severability: The provisions of this Act are intended to be severable. If any section, provision or clause shall be held illegal or invalid by any Court of competent jurisdiction, the remaining sections, provisions and clauses hereof shall continue in effect as if such illegal or invalid section, provision or clause had not been included herein.

Section 8. Effective Date: This Act shall take effect immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law, and shall be retroactive as hereinabove provided.

Approved August 23, 1976.

Time: 3:00 P.M.

Act No. 380

S. 556—Edwards

AN ACT Relating to Morgan County; to provide for the Morgan County Board of Education, its members, their districts, qualifications, election and removal from office; and repealing conflicting laws. Be It Enacted by the Legislature of Alabama:

Section 1. The Morgan County Board of Education shall be composed of seven members elected from districts as follows: One member shall be elected from each of the board of education districts hereinafter described and shall be a qualified elector thereof, and shall reside in said district. All members shall be elected by the qualified electors residing in each of said school attendance areas, and no others shall be allowed to vote in such elections.

Section 2. The Morgan County Board of Education districts shall be as follows:

District One, the West Morgan area, shall consist of election precincts 1 and 17.

District Two, the Danville area, shall consist of election precincts 2, 18 and 19.

District Three, the Falkville area, shall consist of election precincts 20 and 21.

District Four, the Eva area, shall consist of election precincts 22, 23, 25 and 10.

District Five, the Priceville area, shall consist of election precincts 5 and 14 and that aera outside the city limits of Hartselle in election precincts 15 and 16.

District Six, the Cotaco area, shall consist of election precincts 6, 7, 12, 13 and 24.

District Seven, the Union Hill area, shall consist of election precincts 8 and 9.

Section 3. Members of the board shall take office at the first regularly scheduled meeting of the board following their election in November. They shall qualify and be removed in the same manner as prescribed in Title 52 of the Laws of Alabama for County Boards of Education.

All members of the board shall be, at the time of their election or appointment, and during their continuance in office, qualified electors of Morgan County and of the district from which they are elected or appointed. The members of the board shall elect a chairman from among themselves, and, after the

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