Ala. Code § 45-37A-54.38

Nothing contained in this subpart shall be construed to deprive either the City of Birmingham or Jefferson County of its authority to conduct, under its own auspices, programs of recreation for its residents and to acquire, own, and operate facilities as are determined by their respective governing authorities, to be necessary to the continuation and improvement of recreation programs now or hereafter conducted under existing constitutional and statutory authority delegated to them.