Alabama § 45-37A-52.138 - Certification of Funds; Penalties for Violation.
Full text of Alabama Code of Alabama § 45-37A-52.138 — Certification of Funds; Penalties for Violation., with citation guidance and answers to common questions.
§ 45-37A-52.138. Certification of Funds; Penalties for Violation.
No payment shall be made and no obligation incurred by or on behalf of the city except in accordance with an appropriation duly made and no payment shall be made from or obligation incurred against any allotment or appropriation unless the director of finance shall first certify that there is a sufficient unexpended and unencumbered balance in such allotment or appropriation to meet the same. Nothing herein shall be taken to prevent the advance authorization of expenditures for small purchases as provided in subdivision (5) of Section 45–37A–52.163. Every expenditure or obligation authorized or incurred in violation of this part shall be void. Every payment made in violation of this part shall be deemed illegal and every official who shall knowingly authorize or make such payment or knowingly take part therein and every person who shall knowingly receive such payment or any part thereof shall be jointly and severally liable to the city for the full amount so paid or received. If any officer, member of a board, or employee of the city, shall knowingly incur any obligation or shall authorize or make any expenditure in violation of this part or knowingly take part therein such action shall be cause for his or her removal. Nothing in this section, however, shall prevent the making of contracts of lease or for services providing for the payment of funds at a time beyond the fiscal year in which such contracts are made, provided the nature of such transactions shall reasonably require the making of such contracts.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 45-37A-52.138
What does Code of Alabama § 45-37A-52.138 cover?
Section 45-37A-52.138 ("Certification of Funds; Penalties for Violation.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 45-37A-52.138?
A common citation format is "Code of Alabama § 45-37A-52.138" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 45-37A-52.138 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.