Alabama Constitution
§1-2.00 | COUNTY JAIL AND COURTHOUSE
§1-2.01 | GENERAL AUTHORITY
§1-2.20 | JUDGE OF PROBATE COMPENSATION
All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate of Autauga county shall hereafter continue to be collected but shall be paid into the county general fund.
§1-4.00 | AUTAUGA COUNTY AND MUNICIPALITIES THEREIN
The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Autauga county or any municipality therein for the purpose of determining their borrowing capacity under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.
This amendment shall be self-executing; but the legislature may enact laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
Neither the county nor any municipality therein shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby. The governing body of the county or any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper of general circulation in the county.
2. Lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.
4. Become a stockholder in any corporation, association or company.
5. Lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. Become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.
7. Levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or in any municipality in Autauga county or upon all property in any district to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. Pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Autauga county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any municipality.
§1-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
(b) An elected or appointed Autauga County official may not assume a supernumerary office after January 6, 1999. Any person who, on January 6, 1999, is entitled to participate in that supernumerary program, may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Autauga County official may participate in the Employees’ Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Elected or appointed Autauga County officials holding office on January 6, 1999, shall be eligible to purchase service credit in the Employees’ Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office and must make the election within one year of January 6, 1999.
(c) A Sheriff of Autauga County first elected after the effective date of this amendment may not participate in a supernumerary program and may participate in the Employees’ Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. The Sheriff of Autauga County holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees’ Retirement System for the time he or she has served as sheriff. The sheriff shall forego the assumption of a supernumerary office and shall make the election within one year after the ratification date of this amendment.
§2-2.00 | COMPENSATION OF CERTAIN OFFICIALS
2. This article of amendment shall not become operative unless the same is approved by a majority of the qualified electors of Baldwin county who vote thereon upon its submission.
§2-2.20 | JUDICIAL COMMISSION
The Baldwin County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to a vacancy. The commission shall be composed of five members. The members of the commission shall be one person who is a member of the Alabama State Bar nominated by the Baldwin County Bar Association, the presiding circuit judge holding in Baldwin County, one member selected by the Baldwin County Commission, one member selected by the Baldwin County Mayors’ Association where at least two thirds of the members are in attendance at the meeting where the selection is made, and one member who is not a member of the Legislature selected by the Baldwin County Legislative Delegation selected by random selection as designed by the members of the Alabama House of Representatives and the Alabama Senate who represent Baldwin County.
All members of the commission shall reside in the territorial jurisdiction of the circuit court holding in Baldwin County.
Only the member selected by the Baldwin County Bar Association and the presiding circuit judge holding in Baldwin County may be a member of the Alabama State Bar. The member of the commission who is required to be a member of the Alabama State Bar shall be elected by the members of the bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court holding in Baldwin County. The Executive Committee of the Baldwin County Bar Association, or its successor body in that capacity, shall make rules, not inconsistent with this amendment, for the election of the member of the commission required to be a member of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Baldwin County the name of the person elected as member of the commission by these members of the bar.
The presiding circuit judge holding in Baldwin County shall certify in writing to the Judge of Probate of Baldwin County the remaining names of the persons selected as members of the commission.
The terms of office of all members of the commission shall be six years. In event that an initial appointment or vacancy is not filled in 30 days, the vacancy shall be filled by the members of the Baldwin County Legislative Delegation residing in Baldwin County within 10 days. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen.
The Judge of Probate of Baldwin County shall record all certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his or her receipt and recordation of every certificate, the judge of probate shall send to the Governor a certified copy of every certificate.
No member of the commission shall be eligible for nomination to the Governor for appointment as judge of the circuit court or the district court during the term of office of the commission member.
The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of the commission shall hold any official position in any political party.
If a vacancy occurs in the office of judge of the circuit court or the office of judge of the district court holding in Baldwin County, the commission shall nominate within 30 days to the Governor three persons having the qualifications for the office. If the commission fails to nominate three names during the 30–day period, the names shall be selected by the members of the Baldwin County Legislative Delegation residing in the county within 10 days. The names of all persons considered for nomination shall be available for review by the public and shall be deemed a public record. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. If the Governor fails to make an appointment from the list within 30 days from the date it is presented to the Governor, the appointment shall be made by the Chief Justice or the acting Chief Justice of the Supreme Court from the same list. The term of office of a judge appointed to fill a vacancy shall be as otherwise provided in Section 153 of the Constitution of Alabama of 1901.
§2-2.21 | JUDGE OF PROBATE JURISDICTION
§2-3.00 | HOME RULE
Section 1. Limited Home Rule.,
(b) The Baldwin County Commission, in the adoption of ordinances, resolutions, regulations, or amendments to such ordinances, resolutions, or regulations implementing the provisions of this amendment, shall provide for public notice and hearings as follows:
(2) The required advertisement shall be no less than one-eighth page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 14 point. This advertisement shall be placed in both that portion of the newspaper where legal notices and classified advertisements appear and in the other portion of the newspaper. The advertisement shall be published in newspapers of general paid circulation in the county and of general interest and readership in the community. In addition, the advertisement may be placed on a website.
(3) An ordinance may not be considered for adoption until the next regularly scheduled meeting of the county commission after the public hearings provided for above.
(d) The Baldwin County Commission shall maintain a current codification of all ordinances. The codification shall be updated at least annually. All ordinances shall be available to the public at the main courthouse and at all satellite courthouses. A reasonable charge may be made for the copies but the charges shall not exceed the actual costs incidental to providing the copies. In addition, the county commission may post the ordinances on the Internet.
(e) The Baldwin County Commission may fix the salaries, compensation, expenses, and other benefits and terms of employment of those employed by the Baldwin County Commission, not to include any employee of the sheriff subject to Section 2–8.20, and establish and maintain retirement or pension systems, insurance, workers’ compensation, hospitalization, and medical benefits for those employees as well as the employees of the Baldwin County Legislative Office. The Baldwin County Commission may employ a county administrator and other professional staff as it deems appropriate to be authorized and directed to perform any applicable management and administrative function associated with the management of county property and services.
Section 2. Supplementary powers.
(2) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and control of dangerous animals and animal nuisances not related to agricultural activities, operations, or practices.
(3) Public street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic. Any construction and maintenance performed or authorized to be performed by county government shall be performed in accordance with engineering standards and shall be inspected to insure enforcement and compliance.
(4) Parks, recreational areas, programs, and facilities.
(5) Storm water management.
(6) Development, storage, treatment, purification, and distribution of water.
(7) Public housing, public buildings, and parking facilities.
(8) Public transportation.
(9) Libraries, archives, and arts and sciences programs and facilities.
(10) Economic development and tourism initiatives, developments, and projects.
(11) Adoption and enforcement of codes, including building, housing, plumbing, and electrical codes for the protection of the public.
(12) Litter, trash, and rubbish regulation and control on public roads, streets, or highways, or on or in public buildings, public parks, and public properties.
Section 3. Eminent domain.
The Baldwin County Commission may exercise the power of eminent domain as is authorized by general law and this constitution.Section 4. Liability.
The Legislature may waive or limit the liability of Baldwin County by law.Section 5. Debt limitation.
The debt incurred by Baldwin County, including debt incurred on behalf of any special district, may never exceed that authorized by general law or by the constitution.Section 6.
The Baldwin County Commission may provide for civil penalties for violations of its ordinances, rules, or regulations. Civil penalties set by the county commission may not exceed the average of those penalties set by the municipalities of Baldwin County which have adopted penalties for the same or similar offense. In case no municipality has set a penalty for an offense, the penalty shall be the same as provided for by general law.Section 7.
The powers granted to the Baldwin County Commission by this amendment shall not be construed to extend to any matters which the Legislature by general law has heretofore preempted by operation of law, nor shall the powers be construed to extend to any of the following matters:(2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the Baldwin County Commission, except as provided by local or general law or by the constitution.
(3) Action defining any criminal offense or providing for criminal punishment beyond that authorized by local or general law or by the constitution.
(4) Action extending the power of regulation over any business activity subject to regulation by the Alabama Public Service Commission or any other state agency beyond that authorized by local or general law or by the constitution.
(5) Action affecting the exercise of the power of eminent domain beyond that authorized by local or general law or by the constitution.
(6) Action affecting any court or the personnel thereof.
(7) Action affecting any public school system unless requested by the board of education of the school system.
(8) Action enabling pari-mutuel betting or any pari-mutuel betting facility, gaming or gaming devices, or any gambling.
(9) Action affecting in any manner the boundaries, revenues, powers, obligations, indebtedness, or government of a municipality.
(10) Action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
(11) Action affecting agricultural and silvicultural activities, operations, or practices.
(12) Action affecting sanitary sewage collection and treatment until further authorized by the general laws of this state, or by local law.
Section 8.
Nothing in this amendment shall be construed to permit the Baldwin County Commission to redistrict itself, except as provided by general law, or establish the number of commissioners or number of commission districts.Section 9.
The Legislature, by local law, may provide for the further implementation and administration of the provisions of this amendment upon request of the county commission.§2-4.00 | BALDWIN COUNTY AND MUNICIPALITIES THEREIN
In carrying out the purposes of this amendment, neither Baldwin County nor the municipality shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Baldwin County or by the municipality, including, specifically, any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.
Baldwin County or any municipality located therein shall neither lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) The action proposed to be taken by Baldwin County or the municipality is at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or the municipality, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Baldwin County or the municipality.
§2-4.01 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN SEVERAL COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§2-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§2-8.01 | MAYORS; PARTICIPATION IN RSA
§2-8.20 | SHERIFF’S PERSONNEL BOARD; PARTICIPATION
§2-8.40 | REVENUE COMMISSIONER; TERM OF OFFICE
The person elected at the first election cycle for the election of the Baldwin County Revenue Commissioner following the adoption of this amendment shall serve a term of office that is adjusted to approximately five years to allow the person holding office on the date of the adoption of this amendment to serve a full six-year term.
§2-9.00 | USE OF GOLF CARTS
(b) A municipality that authorizes the use of golf carts pursuant to subsection (a) shall inspect any golf cart that an owner wishes to use pursuant to subsection (a) to determine if the safety equipment required by subsection (e) is present on the golf cart and shall verify that the operator of the golf cart on a municipal street or public road is covered by a policy of liability insurance held by the owner of the golf cart. The liability limits for operation of the golf cart shall be the same as for operation of a motor vehicle. If the proper safety equipment is present and the golf cart is covered by liability insurance, the municipality shall issue a permit to the owner upon payment of a permit fee. The municipality may designate the appropriate department of the municipality to inspect and permit golf carts and may adopt rules for permitting golf carts, including providing for a permit fee.
(c) A municipality may not allow a golf cart to operate on a municipal street or public road where the posted speed limit exceeds 25 miles per hour.
(d) A municipality may limit the operation of a golf cart pursuant to this section to only between the hours of sunrise and sunset.
(e) The golf cart shall be equipped with headlights, brake lights, turn signals, and a windshield.
(f) No person may operate a golf cart on a public street or road without a driver’s license.
(g) A municipality may enact an ordinance regarding golf cart operation and equipment that is more restrictive than the restrictions enumerated in this section. Upon enactment, the municipality shall post appropriate signs or otherwise inform residents that the ordinance exists and will be enforced within the jurisdictional limits of the municipality.
(h) All golf carts shall be entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any golf cart of the full use of a lane.
(i) The operator of a golf cart may not overtake and pass in the same lane occupied by the vehicle being overtaken.
(j) A golf cart may not be operated between lanes of traffic or between adjacent lines or rows of vehicles.
(k) Golf carts may not be operated two or more abreast in a single lane.
(l) The unauthorized operation of a golf cart on a municipal street or public road is a violation for which the municipality may collect a civil penalty of up to fifty dollars ($50).
(m) Notwithstanding any other provision of this amendment, a municipality may enact an ordinance regarding golf cart operation and equipment that is less restrictive than the restrictions enumerated in this amendment authorizing the use of golf carts for periods not to exceed 80 hours by the municipality or a civic organization in conjunction with civic events or events to raise funds, promote economic development, or similar purposes as authorized in the ordinance.
§2-10.00 | RATIFICATION OF AD VALOREM TAX LEVIES
(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Baldwin County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.
§2-10.01 | SENIOR CITIZEN PROPERTY TAX APPRAISALS
(2) Have been assessed ad valorem taxes on any property within the county used as a principal place of residence for at least 10 years prior to the year for which he or she is claiming the senior property tax appraisal.
(c) The Alabama Department of Revenue shall promulgate the rules as are necessary for the implementation and administration of the provisions of this amendment.
§2-10.02 | BOARD OF EQUALIZATION MEMBERSHIP
(b) The provisions of the general law and local law relating to the selection, qualifications, term of service, schedule of compensation, and oath of the initial members of the board, including the prohibition relating to members holding other governmental positions, shall be applicable to the additional members appointed pursuant to this amendment.
(c) The additional members shall be appointed and serve for the limited purpose of hearing objections to any assessments or valuations fixed by the county revenue commissioner or other authorized taxing official.
(d)
(2) Each panel shall consist of at least one member who has served on the board for a period in which appeal hearings were held.
(f) This amendment does not affect in any way the authority of the original board members to carry out all administrative, supervisory, and personnel duties existing on October 1, 2008.
§2-10.03 | OCCUPATIONAL TAX PROHIBITED
(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Baldwin County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11–51–90, 11–51–91, 11–51–92, and 11–51–93, Code of Alabama 1975.
§2-10.20 | ADDITIONAL TAX FOR EDUCATIONAL PURPOSES
Section 1.
The court of county commissioners, board of revenue, or other like governing body of Baldwin county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in Sections 269.01 through 269.03 with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.Section 2.
If this amendment is approved and a majority of the qualified electors of the county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.§2-10.21 | SALES AND USE TAX FOR EDUCATIONAL PURPOSES
(b) Subject to the provisions of this amendment, there are hereby levied in Baldwin County (herein called “the county”), in addition to all other taxes now authorized, or that may hereafter be authorized by the Constitution and laws of Alabama, to be levied in the county, sales and use taxes (herein together called “the county sales and use taxes”) that parallel, except for the rate or rates of such taxes (as hereinafter specified), the state sales tax and the state use tax. The duration of the levy of the county sales and use taxes hereunder shall be a period of five (5) years, commencing on June 1, 2013, subject to extension or renewal as authorized by the Legislature in accordance with a local legislative act.
(c) The rate of the county sales and use taxes shall be one percent on any transaction that is subject to taxation by the state pursuant to the provisions of (i) either subdivision (1), subdivision (2), or subdivision (5) of Section 40–23–2 of the Code, or (ii) subsection (a) of Section 40–23–61 of the Code.
(d) The rate of the county sales and use taxes shall be one-half of one percent (.5%) on any transaction that is subject to taxation by the state pursuant to the provisions of (i) either subdivision (3) or subdivision (4) of Section 40–23–2 of the Code; or (ii) either subsection (b) or subsection (c) of Section 40–23–61 of the Code; (iii) either Section 40–23–37 or Section 40–23–63, Code of Alabama 1975; or (iv) Article 3 of Chapter 23 of Title 40 of the Code, as the case may be.
(e) The county sales and use taxes shall, as the Baldwin County Commission (hereafter “the commission”) may from time to time determine, be collected either by the commission or by any person, firm, or corporation (whether public or private) with which the commission may contract to collect the county sales and use taxes or any other tax or taxes levied by, or in, the county, all in accordance with, and subject to, applicable provisions of law as are from time to time in effect.
(f) All provisions of law from time to time in effect with respect to the payment, assessment, and collection of the state sales tax and the state use tax, and any and all reports, records, and penalties for failure to pay such taxes, the promulgation of rules and regulations with respect to such taxes, and the administration and enforcement of such taxes or such provisions of law (as the case may be), shall, to the extent not inconsistent with this amendment, apply to the county sales and use taxes.
(g) The commission shall remit to any local boards of education in the county in accordance with state law all amounts collected by the commission from the sales and use tax levied pursuant to the terms of this amendment, less collection fees charged by the commission in accordance with this amendment, applicable state law and any agreements entered into between the commission and the Baldwin County Board of Education or any local board of education in the county not inconsistent with this amendment or state law.
(h) Notwithstanding any provision of law now existing or hereafter enacted by the Legislature, the board of education shall pay, or shall cause to be paid, all costs and expenses incurred (whether by the state, the county or any other political subdivision or public body) in connection with the call, conduct, canvass or contest of any special election hereafter held (whether pursuant to, or in accordance with, the provisions of this amendment or otherwise) for the purpose of levying, or authorizing the levy of, any tax (regardless of the character or nature thereof) all or a majority of the revenues from which may, prior to such special election, be dedicated by constitutional amendment, general law, statute, local legislative act or otherwise (or by ordinance or resolution of the commission) for public school or public educational purposes in the county, or which may be otherwise payable (or paid) to the Baldwin County Board of Education. The provisions of this paragraph shall remain in full force and effect notwithstanding the expiration or termination of any sales or use tax levied, extended or renewed pursuant to other provisions of this amendment.
(i) The commission is hereby empowered to collect the county sales and use taxes and to enforce the provisions of this amendment, and it shall have and exercise all rights and remedies that the state has for the collection of the state sales tax and the state use tax (as the case may be).
(j) The foregoing provisions of this amendment shall be and are hereby declared to be self-executing; but the Legislature may enact general or local laws that implement, supplement or further any or all of the foregoing provisions of this amendment.
§2-10.40 | SPECIAL TAX FOR HOSPITAL PURPOSES
Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Baldwin county, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county.
The governing body of Baldwin county shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said election precincts numbered one through seven any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it.
No securities issued or contracts made by Baldwin county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Baldwin county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.
As used in this article, the term “election precincts” means the election precincts or beats of the county as they existed on July 27, 1965.
§2-10.41 | SPECIAL TAX FOR HOSPITAL PURPOSES; CONTINUED
Upon such approval, the governing body of Baldwin County shall levy and cause to be collected annually, beginning October 1, 2007, for a period of 20 years, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a special district tax of two mills on each one dollar ($1.00) assessed valuation of taxable property in election precincts numbered one through seven of Baldwin County, Alabama, to be used exclusively for public hospital purposes (as the term “public hospital purposes” is defined in Section 215.03) within said election precincts numbered one through seven.
Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Baldwin County, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county.
The governing body of Baldwin County shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said election precincts numbered one through seven any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it.
No securities issued or contracts made by Baldwin County under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Baldwin County or of a political subdivision thereof within the meaning of Section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of Section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.
As used in this act, the term “election precincts” means the election precincts or beats of the county as they existed on July 27, 1965.
This amendment shall be self-executing.
§2-10.60 | SPECIAL TAX FOR LIBRARY PURPOSES
B. Upon petition signed by four hundred or more qualified electors of Baldwin county to the Baldwin county commission or like governing body, or upon a petition signed by two hundred or more qualified electors of any municipality in such county to the governing body of such municipality, the county commission or the governing body of the municipality shall order an election to be held to determine whether a special tax shall be levied at the rate specified by the governing body of such county or municipality for public library purposes.
C. Elections under this amendment relative to additional county taxes for county public library purposes shall be held at the same time any other general or special election is held in which the voters of the entire county are qualified to vote, and elections under this amendment relative to municipal taxes for municipal library purposes shall be held at the same time any other municipal election is held.
D. If authorized by the vote of the majority of the qualified electors voting in any such election called for the purpose, the county or city governing body, as the case may be, shall levy and collect, in addition to all other taxes authorized by law, a special annual ad valorem tax at the rate prescribed and approved by the electors voting in the election. If the majority vote at any election held hereunder is not in favor of the levy of the tax, or if at any such election the special tax shall be voted at a rate of less than forty-five cents on each one hundred dollars worth of taxable property, then the governing body of the county or city, as the case may be, may from time to time thereafter call other elections hereunder on the levy of the special tax or on the increase of the rate thereof, up to but not exceeding a total amount of forty-five cents on each one hundred dollars of taxable property, and must call any such election at the next general or special countywide election or next municipal election, as the case may be, next following the receipt of a petition in the manner and form herein prescribed. Provided, however, that not more than one election upon the levy or upon the increase of the rate of the special tax shall be held during any period of twelve consecutive months. After the special tax shall have been levied for a period of three years, the governing body of the county or city, as the case may be, upon its own original action may from time to time thereafter call other elections hereunder on the question of the discontinuance of the tax or a reduction on the rate thereof, upon the payment in full of all obligations then outstanding, if any, and when a reduced rate will provide sufficient revenue for the purposes for which the tax was levied. If the majority of electors participating in the election vote in favor of the discontinuance or reduction in the rate of the tax, as the case may be, such discontinuance or reduction shall become effective for the tax year next succeeding the tax year in which such election is held. Provided, that not more than one election for the discontinuance or reduction in the rate of the special tax shall be held during any period of twelve consecutive months. All such elections shall be called, held and conducted in the same manner as are elections proposing the special tax.
§2-11.00 | DRAINAGE SYSTEMS, PUBLIC ROADS, AND SEAWALLS; BALDWIN AND MOBILE COUNTIES
§2-11.20 | CREATION OF DISTRICTS; COLLECTION OF FEES
§2-11.40 | GENERAL PROVISIONS
§2-11.41 | STOCKTON LANDMARK DISTRICT
(c) Subsection (b) shall not apply to any municipality incorporated after the ratification of this amendment which includes any part of the Stockton Landmark District.
§2-11.42 | ROSINTON LANDMARK DISTRICT
(c) Subsection (b) shall not apply to any municipality incorporated after the ratification of this amendment which includes any part of the Rosinton Landmark District.
§2-11.43 | BARNWELL LANDMARK DISTRICT
Part I.
LESS AND EXCEPT therefrom any portion of the above described property which lies within the corporate limits of the City of Fairhope, Alabama.
(c) Subsection (b) shall not apply to any municipality incorporated after the ratification of this amendment which includes any part of the Barnwell Landmark District.
(d) The Barnwell Landmark District shall not be considered a legal entity and shall not have any of the following powers or authority:
Part II.
Any landmark district created in Baldwin County by an amendment to this constitution prior to the ratification of this amendment shall not be considered a legal entity and shall not have any of the following powers or authority:(2) Taxing authority.
(3) Zoning authority.
(4) Police power and public safety authority.
(5) Authority to adopt ordinances, rules, or regulations within its boundaries.
(6) Any other authority or power commonly associated with a legal entity.
(1) Standing to sue or be sued.
(2) Taxing authority.
(3) Zoning authority.
(4) Police power and public safety authority.
(5) Authority to adopt ordinances, rules, or regulations within its boundaries.
(6) Any other authority or power commonly associated with a legal entity.
§2-11.60 | REGULATION OF WASTEWATER SYSTEMS AND UTILITIES
(b) For the purpose of this amendment, the following terms have the following meanings:
Wastewater system
(1). A system of pipes, lines, meters, pumps, equipment and facilities, all or part of which are located in the unincorporated areas of Baldwin County and which are owned or operated by a wastewater utility, as defined herein, for the collection, treatment, and disposal of wastewater from homes, schools, businesses, and other entities in which solids, sewerage, nonhydrocarbon greases, and oils are collected for treatment or where wastewater is collected for disposal. Individual septic tank systems and all portable toilets are expressly excluded from the definition of the term wastewater system.Wastewater utility
(2). The owner or operating entity of a wastewater system, whether privately owned or publicly owned, including privately owned wastewater systems, municipally owned wastewater systems, and wastewater systems owned by or through boards or other entities established by municipal corporations or as otherwise provided by state law.Wastewater
(3). Solids, sewerage, nonhydrocarbon greases, and oils.(d) The Legislature may authorize the levy of taxes or fees in an amount not to exceed five percent of the gross receipts from the connection, collection, and treatment revenues collected from customers of wastewater utilities in the unincorporated area of the county to be used for the purposes of the administration of regulation adopted pursuant to this amendment.
(e) The Legislature may provide for the mandatory connection to wastewater systems where service is reasonably available and where it is in the best interest for the protection of the public health and welfare and the environment of Baldwin County.
(f) The Legislature by general or local law may authorize the exercise of the power of eminent domain for the construction of wastewater utilities in the county.
(g) The Legislature may, by general or local law, provide for the implementation and administration of the provisions of this amendment.
§2-11.80 | CONTROL OF COUNTY OWNED PROPERTY
§3-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§3-2.01 | COUNTY JAIL
(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Barbour County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this amendment, and no further election shall be required.
§3-2.20 | JUDGE OF PROBATE COMPENSATION
(b) All fees, commissions, allowances, percentages, and other charges collected for the use of the Judge of Probate of Barbour County shall continue to be collected, but shall be paid into the county general fund.
§3-4.00 | BARBOUR COUNTY AND MUNICIPALITIES THEREIN
In carrying out the purposes of this amendment, neither Barbour County nor the municipality shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Barbour County or by the municipality, including, specifically, any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.
Barbour County or any municipality located therein shall not lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) The action proposed to be taken by Barbour County or the municipality is at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in a newspaper or newspapers having a general circulation in the county or in the municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or the municipality, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Barbour County or the municipality.
§3-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§3-10.20 | SPECIAL TAX FOR COURTHOUSE PURPOSES
§4-2.00 | COMPENSATION OF SHERIFF
§4-2.01 | COMPENSATION OF CERTAIN OFFICIALS
In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which places any officers in Bibb county on a salary basis, or any law fixing, regulating, and altering the costs and charges of court and the fees, commissions, allowances, and salaries of any officer in Bibb county, may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect.
§4-2.02 | COUNTY JAIL
The additional fees when collected by the clerks or their collection officers of the courts shall be paid into the General Fund of Bibb County to be used by the Bibb County Commission for the planning, designing, construction, financing, furnishing, equipping, and operation of a new county jail. The Bibb County Commission may set and adjust by resolution the fees within the limits authorized by this amendment based on the needs associated with the county new jail.
§4-2.20 | JUDGE OF PROBATE JURISDICTION
§4-4.00 | BIBB COUNTY AND MUNICIPALITIES THEREIN
The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of the county or any municipality in Bibb county for the purpose of determining the borrowing capacity of the county or any such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.
This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid or [of], or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers of authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or any municipality in Bibb county or upon all property in any district the boundaries of which the governing body of the county or a municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocable [irrevocably] to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of the county or any municipality in Bibb county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the governing body of the county or any municipality in Bibb county.
10. Neither the county nor any municipality shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county or the affected municipality. The governing body of the county or any municipality in the county may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.
§4-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§5-2.00 | COMPENSATION OF CERTAIN OFFICIALS
In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which places any officers in Blount county on a salary basis, or any law fixing, regulating, and altering the costs and charges of court and the fees, commissions, allowances, and salaries of any officer in Blount county, may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect.
§5-4.00 | BLOUNT COUNTY MUNICIPALITIES
The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of any municipality in Blount county for the purpose of determining the borrowing capacity of such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.
This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Blount county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Blount county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.
10. No municipality shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of such municipality. The governing body of any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks.
§5-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§5-8.20 | PARTICIPATION OF SHERIFF’S EMPLOYEES
§5-10.00 | CONSOLIDATION OF OFFICES; REVENUE COMMISSIONER
§5-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
(b) Act No. 93–342, H. 970, 1993 Regular Session, is repealed.
(c) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Blount County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.
§5-11.20 | GENERAL PROVISIONS
§5-11.40 | IMPOSITION OF MUNICIPAL ORDINANCES AND REGULATIONS
§5A-2.00 | SPECIAL TAX FOR EDUCATIONAL PURPOSES
Section 1.
In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of one dollar on each one hundred dollars’ worth of taxable property in the school tax district of the city of Oneonta, Blount county, to be used solely for public school purposes; provided the levy of said tax shall first have been approved by the qualified electors of the school district as hereinafter provided.Section 2.
In the event this amendment is approved and a majority of the qualified electors of the school tax district of the city of Oneonta who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 shall be levied and collected without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of the school tax district of the city of Oneonta who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall have been again submitted to a vote of the qualified electors of the school tax district of the city of Oneonta and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in Sections 269.01 through 269.03; provided however, that it shall not be a condition precedent to any election on the school district tax herein provided for or to the levy and collection of such tax that a like or any other countywide school tax be [is] being levied and collected in Blount county.Section 3.
In the event the special school tax herein authorized shall be approved as herein provided and the board of education of the city of Oneonta anticipates the proceeds therefrom by issuing securities payable, in whole or in part, out of such proceeds, the provisions of sections 220, 221 and 224 of Title 52 of the Code of Alabama of 1940 shall not apply to any such securities.§6-2.00 | JUDGE OF PROBATE COMPENSATION AND DUTIES
§6-4.01 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§6-4.20 | ESTABLISHED; MEMBERSHIP; DUTIES
The authority is hereby granted continuing and permanent status. The membership of the authority is hereby fixed at seven (7). Each member shall serve a term of six (6) years and shall not serve more than two consecutive terms; provided however, that a member shall continue to serve until a successor is appointed. When a vacancy occurs or upon expiration of a term of a member, the remaining members shall nominate three reputable citizens interested in county development and present their names to the commission which by majority vote shall appoint one of the nominees to the board. If the commission fails to appoint one of the original nominess [nominees], the remaining members shall nominate three additional citizens in accordance with the aforementioned procedure. If the commission fails to appoint one of the six nominees, then the remaining members shall continue to submit nominees according to the aforementioned procedure until the commission appoints a member.
All expenditures, bids and contrcts [contracts] respecting the industrial tax, except those made by the building authority, shall be in the name and under the control of the authority; provided, however, except as provided in the third sentence of this paragraph, no industrial tax funds shall hereafter be expended without the approval of the commission. The authority may borrow money and expend funds for educational and health purposes and to enhance or develop other resources for the purpose of attracting industry to Bullock county. The authority may expend or appropriate or pledge or contract to pay over to the building authority for as long as its original issue of bonds or warrants is outstanding not more than one-half of the industrial tax revenues, subject to all prior commitments thereof for debt service, debt retirement or other debt repayment, for the purpose of constructing, financing or maintaining a jail or county buildings, or to assist the building authority in doing so, or for educational purposes, provided that such expenditures shall not impair the debts of the authority, and the industrial tax shall not be pledged to secure debts incurred for construction or maintenance or any other purposes except those provided for in this amendment or in Section 6–4.00.
The rentals and obligations of the county under any lease entered into by the county with the building authority shall not be charged against the county’s constitutional debt limit, regardless of the duration of the lease.
Act No. 81–838 of the 1981 Regular Session is hereby validated and declared to be fully effective according to its scope and tenor. The tax authorized by said act or by Act No. 81–1028 of the 1981 Second Special Session and any other tax for a jail or county buildings authorized by any act of the legislature in the 1981 or 1982 regular or special sessions shall not exceed one-half of one percent and any such tax shall be imposed only until the original issue of bonds or warrants for such construction is paid.
The tax authorized and permitted by sections 40–12–4 through 40–12–8 of the Code of Alabama 1975 for educational purposes is hereby fixed at one-half of one percent in Bullock county. Provided, however, the commission may levy an additional one-half of one percent tax provided by the aforementioned code section if the county board of education revenues fall below 1980–81 levels from all sources including funding provided by the authority. The industrial tax is hereby declared to parallel the state sales and use taxes and such tax shall be collected by the Alabama department of revenue.
Any changes in tax rates or tax collections required by this amendment shall be accomplished within ninety days from the effective date of this amendment.
§6-8.00 | CERTAIN PUBLIC OFFICIALS
§6-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAMS; PARTICIPATION IN RSA
§6-10.20 | SPECIAL TAX FOR EDUCATIONAL PURPOSES
§7-2.00 | COMPENSATION OF CERTAIN OFFICIALS
In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which places any officials in Butler county on a salary basis, or any law fixing, regulating, and altering the costs and charges of court and the fees, commissions, allowances, and salaries of any official in Butler county, may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect.
§7-4.00 | BUTLER COUNTY AND MUNICIPALITIES THEREIN
In carrying out the purposes of this amendment, neither Butler County nor any municipality therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Butler County or by any municipality therein, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.
Neither Butler County nor any municipality therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Butler County or any municipality therein is at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Butler County or any municipality therein.
§7-5.00 | TERMS OF OFFICE
§7-5.20 | SEPARATE CITY SCHOOL SYSTEMS
§7-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAMS; PARTICIPATION IN RSA
§7-9.00 | TRAFFIC LAWS: GOLF CARTS
(b) A municipality that authorizes the use of golf carts pursuant to subsection (a) shall inspect any golf cart that an owner wishes to use pursuant to subsection (a) to determine if the safety equipment required by subsection (e) is present on the golf cart and shall verify that the operator of the golf cart on a municipal street or public road is covered by a policy of liability insurance held by the owner of the golf cart. The liability limits for operation of the golf cart shall be the same as for operation of a motor vehicle. If the proper safety equipment is present and the golf cart is covered by liability insurance, the municipality shall issue a permit to the owner upon payment of a permit fee. The municipality may designate the appropriate department of the municipality to inspect and permit golf carts and may adopt rules for permitting golf carts, including providing for a permit fee.
(c) A municipality may not allow a golf cart to operate on a municipal street or public road where the posted speed limit exceeds 25 miles per hour.
(d) A municipality may limit the operation of a golf cart pursuant to this section to only between the hours of sunrise and sunset.
(e) The golf cart shall be equipped with headlights, brake lights, turn signals, and a windshield.
(f) No person may operate a golf cart on a public street or road without a driver’s license.
(g) A municipality may enact an ordinance regarding golf cart operation and equipment that is more restrictive than the restrictions enumerated in this section. Upon enactment, the municipality shall post appropriate signs or otherwise inform residents that the ordinance exists and will be enforced within the jurisdictional limits of the municipality.
(h) All golf carts shall be entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any golf cart of the full use of a lane.
(i) The operator of a golf cart may not overtake and pass in the same lane occupied by the vehicle being overtaken.
(j) A golf cart may not be operated between lanes of traffic or between adjacent lines or rows of vehicles.
(k) Golf carts may not be operated two or more abreast in a single lane.
(l) The unauthorized operation of a golf cart on a municipal street or public road is a violation for which the municipality may collect a civil penalty of up to fifty dollars ($50).
(m) Notwithstanding any other provision of this amendment, a municipality may enact an ordinance regarding golf cart operation and equipment that is less restrictive than the restrictions enumerated in this amendment authorizing the use of golf carts for periods not to exceed 80 hours by the municipality or a civic organization in conjunction with civic events or events to raise funds, promote economic development, or similar purposes as authorized in the ordinance.
§7-10.20 | SPECIAL TAX FOR EDUCATIONAL PURPOSES
§8-2.00 | GENERAL AUTHORITY
§8-2.01 | GENERAL AUTHORITY; ADDITIONAL PROVISIONS
§8-3.00 | PROCESSING OF ABSENTEE BALLOTS
§8-4.00 | CALHOUN COUNTY AND MUNICIPALITIES THEREIN
(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Calhoun County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this act, as provided for in Section 2 of this act, and no further election shall be required.
§8-4.20 | INDUSTRIAL SITES AND INDUSTRIAL PARK PROJECTS
In carrying out the purposes of this amendment, neither Calhoun county nor any municipality in said county shall be subject to the provisions of Sections 93 or 94 of the Constitution of Alabama, as amended, and the legislature shall have the power, by special or local law, to create, or provide for the creation of, any public corporation, authority, board, agency, or other entity empowered or intended to assist or aid in any way Calhoun county or any municipality therein in carrying out the purposes of this amendment and such special or local law shall not be subject to the provisions of Sections 104 and 106 of this Constitution, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to such county, or to any municipality therein, or to any agency, board, or authority created pursuant to the laws of this state.
No action may be taken under this amendment by the said county or any of the municipalities therein until after the question of whether the county and the said municipalities shall have the authority to take such action shall have been submitted to the qualified electors of the county at an election called for that purpose by the governing body of the county and a majority of the said qualified voters voting at the said election shall have voted in favor of the county and the said municipalities having the authority to take such action; provided, that if a majority of the qualified electors of the county participating in the election on the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by said vote in favor of its adoption shall of itself authorize the taking of any and all action provided for in the first sentence of this amendment and no additional election by the electors of the county shall ever be required to authorize the taking of any such action. If the majority of the qualified electors of the county participating in the election on the adoption of this amendment shall not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting in any election called by the governing body under the provisions of this amendment should not vote in favor of the county and the municipalities having the authority to take such action at an election so called, the governing body of the county may from time to time call other elections hereunder on the question of whether the county and the municipalities therein shall be authorized to take such action, but not more than one such election shall be held during any period of twelve consecutive months. Any such election called by the governing body of the county shall be called, held, conducted and canvassed and may be contested in the manner and within the time provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties. Any such election shall be conclusive on the question of whether the county and the municipalities therein shall have the authority to take such action and it will not thereafter be necessary for an election to be held in connection with each exercise by either the county or the municipalities of the power and authority granted them by the provisions of the first sentence of this amendment.
§8-7.00 | OPERATION OF BINGO BY NONPROFITS
The provisions of this constitutional amendment shall be self-executing, but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the general purposes and objectives herein set forth.
(b) No bingo permit or license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 12 months immediately prior to the issuance of the permit or license;
(c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;
(d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;
(e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;
(f) Prizes given by any qualified nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value, set by the legislature, during any bingo session. The legislature shall set a maximum amount for any calendar week;
(g) No person or organization, by whatever name or composition thereof, shall take any expenses for the operation of a bingo game except as permitted by law.
(h) No bingo permittee or licensee may operate any bingo game in the unincorporated areas of the county within 1,000 yards of a residence or in a residential area.
§8-8.00 | CERTAIN PUBLIC OFFICIALS IN CALHOUN AND TUSCALOOSA COUNTIES
§8-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
(b) A mayor, sheriff, or elected or appointed Calhoun County official may not assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every mayor, sheriff, or elected or appointed Calhoun County official may participate in the Employees’ Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Calhoun County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees’ Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office and must make the election within one year of the effective date of this amendment.
(c) Notwithstanding the provisions of subsection (b), the county commission may negotiate terms of any contract with a sheriff, mayor, or elected or appointed official who under this amendment will be eligible to participate in the Employees’ Retirement System.
§8-10.00 | SALE OF LANDS FOR DELINQUENT TAXES
(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Calhoun County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.
§8-10.01 | BUSINESS TAX EXEMPTION FOR RESIDENTIAL REAL ESTATE RENTAL
§8-10.20 | SPECIAL SCHOOL TAX; DEBT SERVICE ON BONDS
The funds arising from the special school tax to be levied hereunder and to be collected therefrom shall be expended for public school purposes for the exclusive benefit of the school district in which collected with all such tax collected in the city of Jacksonville to be expended in the city of Jacksonville and with all such tax collected in the city of Piedmont to be expended in the city of Piedmont and all such tax collected within the Anniston school district to be expended in the Anniston school district. After said tax has been voted, and without further authorization or authority, as and when requested by the boards of education of the cities of Jacksonville, Piedmont and Anniston, the cities of Jacksonville, Piedmont and Anniston shall issue and sell interest bearing bonds with principal and interest to be paid from the funds to be derived from the special school tax hereby levied in the cities of Jacksonville, Piedmont and Anniston and in the school districts in which the cities of Jacksonville, Piedmont and Anniston are located, for the sole purpose of construction and improvement of school buildings and the acquiring of sites therefor; provided, said net proceeds of said bonds shall immediately be paid to the boards of education of the cities of Jacksonville, Piedmont and Anniston and said bonds shall not be issued for a longer period than thirty years, and said funds to be derived from said special school tax may be pledged by the cities of Jacksonville, Piedmont and Anniston for the payment of said bonds and the interest thereon, and provided that said bonds shall not be a general obligation of the cities of Jacksonville, Piedmont and Anniston or of Calhoun county and shall not be charged to the constitutional debt limit of the cities of Jacksonville, Piedmont and Anniston or of Calhoun county. After said tax has been voted, and without further authorization or authority, as and when requested by the board of education of Calhoun county, Calhoun county shall issue and sell interest bearing bonds with principal and interest to be paid from the funds to be derived from the special school tax hereby levied in each school district in Calhoun county, other than in the cities of Jacksonville, Piedmont and Anniston and the school districts in which the cities of Jacksonville, Piedmont and Anniston are located, for the sole purpose of the construction and improvement of public school buildings and the acquiring of sites therefor; provided, the net proceeds of said bonds shall immediately be paid to the board of education of Calhoun county and that said bonds shall not be issued for longer than thirty years and said funds arising from said school tax may be pledged by Calhoun county for the payment of said bonds and interest thereon and provided that said bonds shall not be a general obligation of Calhoun county and shall not be charged to the constitutional debt limit of Calhoun county.
Except as herein otherwise provided the elections hereinabove provided for shall be called, held, and conducted as provided by law for calling, holding and conducting of district school tax elections. The governing bodies of the cities of Jacksonville, Piedmont and Anniston shall appoint and designate the officers, managers, clerks and returning officers and shall call, canvass, tabulate, and declare the result of the elections provided for in the cities of Jacksonville, Piedmont and Anniston and in the school districts in which the cities of Jacksonville, Piedmont and Anniston are located. The governing body of Calhoun county shall appoint and designate the election officers, managers, clerks, and returning officers and shall call, canvass, tabulate, and declare the result of the elections as to any and all school districts in Calhoun county, other than in the cities of Jacksonville, Piedmont and Anniston and the school districts in which the cities of Jacksonville, Piedmont and Anniston are located. All such elections shall otherwise be conducted, held, canvassed, tabulated and the results declared as general elections are conducted, held, canvassed, tabulated and the results declared in Alabama.
§8-10.21 | USE OF SPECIAL SCHOOL TAX FUNDS, REFUNDING OF BONDS
§8-10.22 | VALIDATION OF AD VALOREM TAX FOR SCHOOL PURPOSES
(b) Continued and extended beginning with the levy and collection of such tax for the tax year next succeeding the tax year initially established for the final levy and collection of such tax and continuing for each tax year thereafter without limit as to time.
§8-10.23 | ADDITIONAL SPECIAL SCHOOL TAX
Elections on the question of the levy of a district tax under the provisions of this amendment may be held at any time and from time to time, provided, that if at any such election held after the ratification of this amendment the proposal to levy the tax so submitted should be defeated then the proposal may not be submitted at another election held in the same district within six months from the last election held under this amendment. Each such election held after the ratification of this amendment shall be called and held, the results declared, and the tax levied and collected in the same manner as now or hereafter provided by law in the case of school district taxes authorized by Sections 269.01 through 269.03, except that no county-wide tax shall be required as a condition precedent for a district tax under this amendment.
The funds arising from the district tax herein authorized to be levied shall be expended for the exclusive benefit of the school district in which such district tax is levied. Nothing in this amendment shall be deemed to prevent the consolidation of any two or more school districts in Calhoun county in accordance with the applicable provisions of general law.
Pursuant to Section 8–10.20, there is currently being levied in each school district in Calhoun county a special district school tax at the same rate as is specified in the first paragraph of this amendment, but the last tax year for which the special tax provided for in Section 8–10.20 is authorized to be levied is the tax year for which taxes will become due and payable on October 1, 1977. It is intended by this amendment to make provision for the authorization of the continued levy in each school district in Calhoun county, except the school district comprising the city of Anniston, of a special district ad valorem school tax at the same rate as, but in lieu of, the tax authorized in Section 8–10.20, to commence with the tax year next following the final tax year for which the tax provided for in Section 8–10.20 is authorized to be levied. It is not intended by this amendment to provide for or authorize an increase in the total rate of taxation for public school purposes in excess of that currently authorized to be levied in the several school districts in Calhoun county.
§8-11.00 | FIRE PROTECTION PURPOSES
In addition to all other taxes now or hereafter provided by law, there shall be levied and collected in Calhoun County a special county-wide property tax of three mills on each one dollar’s worth of taxable property as assessed for the state ad valorem taxation. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire protection services provided by volunteer and full-time fire departments.
The Tax Assessor of Calhoun County shall assess the tax herein provided for and the tax collector shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid by the tax collector directly to the Calhoun County Volunteer Firefighters’ Association and to the cities. The proceeds shall be divided so that the proceeds of the tax collected within the corporate limits of any city within the county shall be allocated to the fire department of that city and the proceeds from collections in the unincorporated areas of the county shall be allocated among the volunteer fire departments which serve the unincorporated area of the county, based on the following formula:
(b) One-third of the proceeds shall be divided to each volunteer fire department based upon the number of people who live within each respective fire district.
(c) One-third of the proceeds shall be divided to each volunteer fire department based upon the number of acres of land contained in each fire district.
An eligible fire department, for purposes of this amendment, means a fire department in Calhoun County which is a member in good standing with the Calhoun County Volunteer Firefighters’ Association according to guidelines established by the Alabama Volunteer Fire Department Association.
Funds paid to eligible fire departments shall be expended for fire protection and rescue services including training, supplies, equipment, and facilities. The funds may also be expended to purchase insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department which are committed by the department or the personnel of a fire department and to insure assets of the fire department. The funds may not be expended for food, drink, social activities, salaries, or fund-raising activities. After receiving funds, the fire departments shall keep accurate records to verify that the funds were properly expended. The records shall reasonably be open to the public for inspection. By September 15 of each year, the association shall file a financial statement with the Calhoun County Commission detailing the expenditure of all funds received from this amendment during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. No new fire departments shall be funded within Calhoun County without prior approval of the Calhoun County Volunteer Firefighters’ Association.
Upon dissolution or abandonment of any eligible fire department, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be transferred to the Calhoun County Volunteer Firefighters’ Association. The funds and assets shall be reallocated by the association to the other fire departments based upon the formula previously set out in this amendment. In the event the association is dissolved, the additional property tax levied under this amendment shall end and no longer be levied and collected.
The personnel of fire departments provided for in this amendment shall not be considered employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments.
This amendment shall apply to collections of ad valorem taxes for the 1996–97 tax year and thereafter. The initial provisions of this amendment may hereafter be amended by local legislation which may become effective without referendum approval.
§8-11.21 | TERRITORIES OUTSIDE OF MUNICIPAL CORPORATE LIMITS
(b) Except as provided in subsection (c), any territory located in Calhoun County outside of the corporate limits of a municipality shall not be subject to the police jurisdiction or planning jurisdiction of the municipality if the municipality is not located entirely in Calhoun County.
(c) This amendment shall not affect the police jurisdiction or planning jurisdiction of the City of Oxford in Calhoun County.
§9-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§9-4.00 | CHAMBERS COUNTY AND MUNICIPALITIES THEREIN
§9-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§9-10.20 | SPECIAL PROPERTY TAX FOR SCHOOL PURPOSES
In the event the said special ad valorem tax shall be authorized by a majority of the qualified electors voting on said question at said election, the governing body of said county shall thereupon be authorized to sell and issue its tax anticipation bonds for the purposes for which said tax was authorized, which bonds shall be in such amount as the governing body of said county shall designate, and shall be subject to the provisions of the general laws pertaining to the issuance of county bonds except that no further election shall be required therefor. The revenue derived from the sale of said bonds shall be expended by the Chambers county board of education for the purposes stated herein. Any bonds issued pursuant to this amendment shall be payable solely out of the proceeds of the said special ad valorem tax hereby authorized, which shall be pledged therefor, and after the issuance of said bonds, the proceeds of said tax remaining after payment of the cost of assessment and collection shall be used only for payment of the principal of and interest on said bonds, the creation and maintenance of a reserve therefor, and the redemption thereof. Said bonds shall constitute negotiable instruments although payable from a limited source and shall be eligible for the investment of trust funds. The said bonds shall not constitute general obligations of the said county and shall be in addition to all other bonds which said county has heretofore issued or is authorized to issue under the Constitution and laws of Alabama.
§9-10.40 | SPECIAL TAX LEVIED PURSUANT TO AMENDMENT 72
§9-10.60 | SPECIAL TAX FOR LIBRARY PURPOSES
The proceeds of the aforesaid tax shall be used exclusively for public library purposes in Chambers County, including particularly (but without limitation)
(2) any other public libraries, branch libraries or related public library facilities (including, without limitation, one or more buildings and any equipment and lands necessary therefor) located or to be located in Chambers County and forming or to form a part of the public library system of said County; and
The provisions of this amendment are and shall be self-executing, and authorization from or any other action by the legislature shall not be a prerequisite to the levy and collection of the tax herein authorized, to the use of the proceeds of such tax as herein provided, or to the call, holding or conduct of any election in said County as hereinabove provided for. It is hereby specifically declared that this amendment is not being proposed pursuant to Section 284.01, and the provisions of Section 284.01 are hereby declared to be inapplicable to this amendment.
§9-10.61 | EXTENSION OF SPECIAL LIBRARY TAX
(b) The proceeds from the ad valorem tax which shall continue to be levied under subsection (a) of this amendment shall continue to be used for public library purposes in Chambers County in the same manner prescribed in subsections (a) and (b) of Section 9–10.60, for the use of the ad valorem tax proceeds collected pursuant to Section 9–10.60.
(c) The provisions of this amendment shall be self-executing and no further referendum or action by the Legislature shall be a prerequisite to continuing the levy and collection of the tax herein authorized. The county governing body shall provide for the administration and collection of the tax.
§9-10.62 | ADDITIONAL SPECIAL LIBRARY TAX
Constitution
(1). The Constitution of Alabama of 1901, as amended.Special library tax
(2). That certain additional special county ad valorem or property tax which is authorized by the Special Tax Amendments to be levied at the rate of twenty cents ($.20) on each one hundred dollars ($100) of taxable property in Chambers County.Special tax amendments
(3). Section 9–10.60 and Section 9–10.61.(c) Notwithstanding any provision to the contrary in either of the Special Tax Amendments, none of the proceeds of the Special Library Tax may be used or expended, whether directly or indirectly, to pay any costs or expenses incurred, whether by the governing body of Chambers County or by any other person, in connection with the levy and collection of the Special Library Tax or to reimburse the governing body or any other person for any payment, by the governing body or any other person, of any such costs or expenses; and the governing body shall have no power to provide for the payment of any such costs or expenses out of the proceeds of the Special Library Tax.
(d) Except to the extent provided in this amendment, the levy and collection of the Special Library Tax, and the use and expenditure of the proceeds thereof, shall continue to be subject to all applicable provisions of each of the Special Tax Amendments. Nothing in this amendment shall be construed to permit any increase in the rate at which the Special Library Tax is levied.
(e) The provisions of this amendment are self-executing, and authorization from or any other action by the Legislature shall not be a prerequisite to the continued levy and collection of the Special Library Tax, or to the use or expenditure of the proceeds thereof. Notwithstanding any contrary provision of either Section 104 or Section 105 of the Constitution, the Legislature shall have the power to enact general, special, or local laws supplemental hereto or in futherance of the purposes hereof; provided, that no such special or local law shall be subject to the provision of Section 106 of the Constitution.
§9-11.00 | FUND CREATED; COURT CHARGES
§10-2.00 | COUNTY JAIL
§10-8.00 | CERTAIN PUBLIC OFFICIALS IN CHEROKEE AND ETOWAH COUNTIES
§10-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§10-10.20 | SPECIAL SCHOOL DISTRICT TAX
§10-11.00 | FIRE PROTECTION PURPOSES
(b) Within 30 days of payment into the county general fund of the proceeds from the additional tax levied pursuant to (a), the county commission shall pay the proceeds generated by one and one-half mills of the additional tax levied to the Cherokee County Association of Volunteer Fire Departments and the proceeds generated from one-half of one mill to the Cherokee County Rescue Service Inc. The association shall divide its funds equally among the member fire departments of the Cherokee County Association of Volunteer Fire Departments and allocate one share thereof to the association at the quarterly meetings of the association.
(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including day to day operations, training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Cherokee County which is certified under the guidelines of the Alabama Forestry Commission and is a member in good standing of the Cherokee County Association of Volunteer Fire Departments. Any tax proceeds allocated for fire protection and rescue services under this amendment shall not be expended for salaries, food, drink, social activities, or fundraising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each fire department and the county association shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the county association.
(d) Funds paid to the Cherokee County Rescue Service Inc. shall only be expended for rescue services, including day to day operations, training, supplies, buildings, capital improvements, and equipment. In order for the Cherokee County Rescue Service to maintain eligibility for tax proceeds it shall maintain current active membership in the Alabama Association of Rescue Squads. After receiving funds, the Cherokee County Rescue Service Inc. shall keep accurate records to verify that funds were properly expended.
(e) All funds collected and disbursed under this amendment shall be subject to audit by the State Department of Examiners of Public Accounts.
(f) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.
(g) Upon dissolution or abandonment of the Cherokee County Rescue Service Inc. any remaining funds shall, after all indebtedness has been satisfied, be held in the county general fund, until a decision can be reached by all applicable parties regarding the restoration of rescue service and the transfer of the funds for rescue services.
(h) The personnel of volunteer fire departments and the Cherokee County Rescue Service shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments and the Cherokee County Rescue Service Inc.
§11-2.00 | COMPENSATION OF CERTAIN OFFICIALS
The legislature may also, from time to time, by general, special or local laws, fix, regulate and alter the costs and charges of courts in Chilton county and the method of disbursement thereof.
§11-4.00 | CHILTON COUNTY AND MUNICIPALITIES THEREIN
The recital in any bonds, warrants, notes, or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of the county or any such municipality for the purpose of determining the borrowing capacity of the county or any such municipality under Section 224 or Section 225 of the Constitution of Alabama of 1901.
In carrying out the purposes of this amendment, neither the county nor any such municipality shall be subject to the provisions of Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, the Legislature may by general, special, or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. No such special or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.
Nothing contained herein shall be deemed to confer upon the Chilton County Commission or the City Council of any municipality located in the county, or any public authority created pursuant to this amendment, the authority to purchase, construct, lease, control or otherwise acquire or operate telecommunications facilities, cable facilities or electric generating, transmission or distribution facilities, lines or equipment.
(2) Lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision (1) above, to any person, firm, association, or corporation.
(3) Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.
(4) Become a stockholder in any corporation, association, or company.
(5) Lend its credit or to grant public moneys and things of value in aid of, or to any individual, firm, association, or corporation whatsoever.
(6) Become indebted and to issue and sell bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding 50 percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1) or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may be issued upon the full faith and credit of the county or any such municipality or may be limited as to the source of their payment.
(7) Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of the county or any such municipality may impose, by approving and filing a certificate to that effect in the office of the Judge of Probate or the Secretary of State, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any such municipality.
§11-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§11-8.20 | PARTICIPATION OF SHERIFF’S EMPLOYEES
§11-9.00 | CONTROL OF DANGEROUS DOGS
§11-10.20 | VOCATIONAL SCHOOL; INDUSTRIAL DEVELOPMENT
Section 1.
The court of county commissioners, board of revenue, or like governing body of Chilton county shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of two mills on each one dollar’s worth of taxable property in the county, the proceeds of which shall be used for the acquiring, constructing, enlarging, repairing, improving, equipping, furnishing, operating, or maintaining of a vocational trade school in the county and for the rural and industrial development of the county, provided that the tax has been approved by a majority of the qualified electors of the county voting thereon. The county governing body may also pledge the proceeds of the tax to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for such purposes.Section 2.
In event this amendment is approved the court of county commissioners, board of revenue, or like governing body of Chilton county shall have the authority to call an election at any time. In the call for said election, there shall be submitted to the qualified electors of Chilton county a statement of the rate of the tax, the time that it shall continue, and whether or not it shall be levied; and such tax shall be levied if a majority of the qualified electors voting at the said election should vote in favor thereof. If in said election the majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall be again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be held and conducted in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same.Section 3.
The power to levy granted by this amendment will not be exhausted by one election but shall remain a continuing grant unless and until it is repealed by subsequent constitutional action.Section 4.
This amendment shall be self-executing and shall require no enabling legislation.§11-11.00 | FIRE PROTECTION PURPOSES
The tax assessor of Chilton County shall assess the tax herein provided, and the tax collector of Chilton County shall collect the tax, in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be distributed to the Chilton County Commission to be distributed by the commission, in equal shares, to all of the rural fire departments in the county that have and maintain an Insurance Services Office (ISO) Public Protection Classification of 9 or lower and that protect areas outside the incorporated municipalities of Chilton County. Each department receiving proceeds from the tax shall maintain a separate account for the tax proceeds and shall furnish, at its own expense, an audit of the account to the Chilton County Commission yearly.
The tax shall be collected, starting the first month after approval by the qualified electors of Chilton County, and shall be levied in perpetuity. Qualified electors include only those who reside outside the incorporated municipalities of Chilton County.
§12-2.00 | JUDGE OF PROBATE COMPENSATION
All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate of Choctaw county shall continue to be collected but shall be paid into the general fund of Choctaw county.
The county commission of Choctaw county shall provide the judge of probate with such office personnel, equipment and supplies as such county commission may consider necessary for the proper and efficient conduct of his office. Compensation of any personnel so provided shall be fixed by the county commission and shall be paid in equal monthly installments out of the general fund of Choctaw county.
§12-10.20 | ADDITIONAL TAX FOR EDUCATIONAL PURPOSES
Section 1.
The court of county commissioners, board of revenue, or other like governing body of Choctaw county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in Sections 269.01 through 269.03 with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.Section 2.
If this amendment is approved and a majority of the qualified electors of the county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.§12-11.00 | FIRE PROTECTION PURPOSES
The county commission is further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services.
§13-2.00 | GENERAL AUTHORITY
§13-2.20 | JUDGE OF PROBATE COMPENSATION
§13-4.00 | CLARKE COUNTY AND MUNICIPALITIES THEREIN
The recital in any bonds, warrants, notes, or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of Clarke county or any municipality therein for the purpose of determining their borrowing capacity under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.
This amendment shall be self-executing; but the legislature may enact laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
Neither the county nor any municipality therein shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby. The governing body of the county or any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper of general circulation in the county.
2. Lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.
4. Become a stockholder in any corporation, association or company.
5. Lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. Become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.
7. Levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or in any municipality in Clarke county or upon all property in any district to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. Pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Clarke county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any municipality.
§13-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§13-10.20 | ADDITIONAL TAX FOR EDUCATIONAL PURPOSES
Section 1.
The court of county commissioners, board of revenue, or other like governing body of Clarke county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in Sections 269.01 through 269.03 with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.Section 2.
If this amendment is approved and a majority of the qualified electors of Clarke county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter for a period of 20 years without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.§13-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
The county commission is further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services.
There is hereby levied, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a fire protection tax of two mills. The fire protection tax levied herein shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Clarke county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be paid into the county general fund and used in furtherance of fire protection within the affected area. Prior to the levy of the fire protection tax in said county, there shall be submitted to the electors of said county, at a special election called for that purpose in said county, the question of whether the said tax shall be levied, and the said tax shall be authorized at such election by a majority of the qualified electors within the said county who vote at such election; provided further, that if a majority of the qualified electors of said county participating in the election on the ratification of this amendment shall vote for the ratification of this amendment, then the approval of this amendment as expressed by the vote in said county in favor of its ratification shall, of itself, authorize the levy and collection of the tax for fire protection purposes in said county, commencing with the levy for the tax year for which taxes will become due and payable on October 1, 1987.
Elections on the question of the levy of a fire protection tax in said county may be held at any time and from time to time, provided, that if any such election held after the ratification of this amendment the proposal to levy the tax so submitted should be defeated then the proposal may not be submitted at another election held in said county within two years from the last election held under this amendment.
§14-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§14-2.20 | LOCATION OF COURTHOUSE
(2) The courthouse was placed on the National Register of Historic Places on November 21, 1976, and was restored in 2006 with donations and grants from federal, state, and local governments.
(3) The courthouse houses the Justice Hugo L. Black Courtroom, designated by the Clay County Commission on April 12, 1993.
§14-4.00 | CLAY COUNTY AND MUNICIPALITIES THEREIN
§14-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
(b) A Sheriff of Clay County first elected after the ratification date of the amendment adding this subsection may not participate in a supernumerary program and may participate in the Employees’ Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employees in the same retirement system. The Sheriff of Clay County holding office at the time of the ratification date of the amendment adding this subsection shall be eligible to purchase service credit in the Employees’ Retirement System for the time he or she has served as sheriff. The sheriff shall forego the assumption of a supernumerary office and shall make the election within on year after the ratification date of the amendment adding this subsection.
§14-10.20 | SPECIAL TAX FOR EDUCATIONAL PURPOSES
Section 1.
If authorized at an election held for such purpose, the governing body of Clay county may levy and collect a special county tax at a rate not exceeding one-half of one percent on the value of the taxable property within the county as assessed for state taxation, the proceeds of which shall be used exclusively for public school purposes.Section 2.
An election shall be ordered by the county governing body to determine whether or not a special tax shall be levied for public school purposes as authorized herein upon the request of the county board of education, and the election shall be held and conducted in accordance with general laws providing for school tax elections pursuant to Sections 269.01 through 269.03.§14-11.00 | FIRE PROTECTION PURPOSES
In addition to all other taxes now or hereafter provided by law, there shall be levied and collected in Clay County a special property tax of two mills on each one dollar’s worth of taxable property as assessed for the state ad valorem taxation during the preceding year. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire protection and safety services.
The Revenue Commissioner of Clay County shall assess the tax herein provided for and shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid by the commissioner directly to the Clay County Volunteer Fire Department Association. The proceeds shall be divided by the association among the eligible volunteer fire departments and rescue squads so that the proceeds of the tax collected within the corporate limits of the Cities of Ashland and Lineville shall be allocated proportionately to the volunteer fire departments of those cities and any rescue squads serving those cities, and the proceeds from collections in the unincorporated areas of the county shall be allocated equally among the volunteer fire departments and the rescue squads which serve the unincorporated areas of the county. The rescue squads shall also receive the same percentage of the proceeds distributed proportionately to Ashland and Lineville which the rescue squads receive from the county portion of the proceeds.
An eligible fire department, for purposes of this amendment, means a fire department in Clay County which is a member in good standing with the Clay County Volunteer Fire Department Association according to guidelines established by the Alabama Volunteer Fire Department Association.
An eligible rescue squad for purposes of this amendment, means a rescue squad in Clay County which is in good standing according to guidelines established by the Alabama Association of Rescue Squads.
Funds paid to eligible fire departments and rescue squads shall only be expended for fire protection and safety services including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department or rescue squad which are committed by the department or squad or the personnel of a fire department or rescue squad. The funds may not be expended for food, drink, social activities, salaries, or fund-raising activities. After receiving funds, the fire departments and rescue squads shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, the association shall file a financial statement with the Clay County Commission detailing the expenditure of all funds received from this amendment during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. No new fire deprtments or rescue squads shall be funded within Clay County without prior approval of the Clay County Volunteer Fire Department Association.
Upon dissolution or abandonment of any eligible fire department or rescue squad, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be transferred to the Clay County Volunteer Fire Department Association. The funds and assets shall be reallocated by the association equally to the other fire departments and rescue squads. In the event the association is dissolved, the additional property tax levied under this amendment shall self-destruct and no longer be levied and collected.
The personnel of fire departments and rescue squads provided for in this amendment shall not be considered employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments or rescue squads.
This amendment shall apply to collections of ad valorem taxes for the 1995–96 tax year and thereafter. The initial provisions of this amendment may hereafter be amended by local legislation which may become effective without referendum approval.
§15-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§15-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§15-10.20 | SPECIAL TAX FOR EDUCATIONAL PURPOSES
§15-11.00 | FIRE PROTECTION PURPOSES
In addition to all other taxes now or hereafter provided by law, there shall be levied and collected in Cleburne County a special property tax of two mills on each one dollar’s worth of taxable property as assessed for the state ad valorem taxation during the preceding year. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire protection services.
The Revenue Commissioner of Cleburne County shall assess the tax herein provided for and shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid by the commissioner directly to the Cleburne County Volunteer Fire Department Association. The proceeds shall be divided by the association among the eligible volunteer fire departments in the county.
An eligible fire department, for purposes of this amendment, means a fire department in Cleburne County which is a member in good standing with the Cleburne County Volunteer Fire Department Association according to guidelines established by the Alabama Volunteer Fire Department Association.
Funds paid to eligible fire departments shall only be expended for fire protection services including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department which are committed by the department or the personnel of a fire department. The funds may not be expended for food, drink, social activities, salaries, or fund-raising activities. After receiving funds, the fire departments shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, the association shall file a financial statement with the Cleburne County Commission detailing the expenditure of all funds received from this amendment during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. No new fire departments shall be funded within Cleburne County without prior approval of the Cleburne County Volunteer Fire Department Association.
Upon dissolution or abandonment of any eligible fire department, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be transferred to the Cleburne County Volunteer Fire Department Association. The funds and assets shall be reallocated by the association equally to the other fire departments. In the event the association is dissolved, the additional property tax levied under this amendment shall self-destruct and no longer be levied and collected.
The personnel of fire departments provided for in this amendment shall not be considered employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments.
This amendment shall apply to collections of ad valorem taxes for the 1995–96 tax year and thereafter. The initial provisions of this amendment may hereafter be amended by local legislation which may become effective without referendum approval.
§16-2.00 | COMPENSATION OF CERTAIN OFFICIALS
The legislature may also, from time to time, by general, special or local law, fix, regulate and alter the cost and charges of courts in Coffee county, and the method of disbursement thereof.
This article of amendment shall not become operative unless the same is approved by a majority of the qualified electors of Coffee county who vote thereon upon its submission.
§16-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§16-4.01 | COFFEE COUNTY AND MUNICIPALITIES THEREIN
In carrying out the purposes of this amendment, neither Coffee County nor any city or municipality located therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Coffee County or by any city or municipality located therein, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.
Neither Coffee County nor any city or municipality located therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Coffee County or any city or municipality located therein is at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or any city or municipality located therein, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Coffee County or any city or municipality located therein.
§16-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
For the purposes of this amendment, the words “elected or appointed county official” shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a legislator.
§16-10.00 | CONSOLIDATION OF OFFICES; REVENUE COMMISSIONER
Notwithstanding any provision of this Constitution to the contrary, the legislature may, by local law, provide for the election in 1978 to fill the office of tax assessor or tax collector, of Coffee county, or such other office created pursuant to this amendment. This authorization specifically includes, but it is not limited to, the power to suspend the general law relating to deadlines for filing qualifying documents and payment of fees, to set the terms of the offices named herein, and to prescribe the method of placing the names of the candidates on the ballot at the election.
Unless otherwise provided herein, or by local law, the offices of tax assessor and tax collector of Coffee county shall be filled at the general election in 1978 for terms of two years, beginning October 1, 1979, and until a revenue commissioner of Coffee county is elected and qualified; and such revenue commissioner shall be elected at the general election of 1980 for an initial term of four years, beginning October 1, 1981, and until a successor is elected and qualified. Thereafter, unless otherwise provided by general or local law, the term of office of revenue commissioner of Coffee county shall be six years and until a successor is elected and qualified.
Unless otherwise provided by the legislature, the revenue commissioner of Coffee county shall be charged with the performance of any duty provided by law for the tax assessor and tax collector of Coffee county, and his compensation shall be fixed by the governing body of the county. Immediately upon the beginning of the first term of the office of revenue commissioner of Coffee county, the offices of tax assessor and tax collector shall be abolished. If either of the offices of tax assessor or tax collector of Coffee county should become vacant at any time from the effective date of this amendment until October 1, 1981, the remaining officer shall thereupon become the revenue commissioner of Coffee county and shall serve as such for the balance of the term for which he was elected, and the offices of tax assessor and tax collector of Coffee county shall be abolished. Should this event occur 30 days or more before the general election of 1978, then the office of revenue commissioner of Coffee county shall be filled at such election for a term of six years, and until a successor is elected and qualified and any person who has qualified to have his name placed upon the ballot as a candidate for either tax assessor or tax collector of Coffee county shall be entitled to have his name placed upon the ballot as a candidate for revenue commissioner of Coffee county.
This article of amendment shall not become operative unless the same is approved by a majority of the qualified electors of Coffee county who vote thereon upon its submission.
§16-10.20 | ADDITIONAL TAX FOR EDUCATIONAL PURPOSES
§16-10.21 | WARRANTS PAYABLE FROM PROCEEDS OF SPECIAL SCHOOL TAXES
§17-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§17-6.00 | CONTROL OF MALARIA
§17-6.20 | PROHIBITION AGAINST USE OF CERTAIN BIOSOLIDS
§17-9.00 | DEFENSE OF PERSON ON CHURCH PREMISES
(b) The following definitions are applicable to this amendment:
Church
(1) . A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.Deadly physical force
(2) . Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.Force
(3) . Physical action or threat against another, including confinement.Premises
(4) . The term includes any building, as defined in this section, and any real property.(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.
(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A–3–21, Code of Alabama 1975.
(f)
(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.
(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.
§17-10.20 | SPECIAL PROPERTY TAX FOR EDUCATIONAL PURPOSES
§17-10.21 | SPECIAL SCHOOL TAX IN DISTRICTS 1 AND 2
§18-2.00 | COUNTY JAIL
(b) All special court fees that the county has been authorized to collect and has in fact collected since April 1998, for any purpose, may be allocated retroactively to the purpose established in subsection (b).
§18-4.00 | CONECUH COUNTY RESERVOIR MANAGEMENT AREA
§18-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§18-10.00 | TRUCKS, TRUCK–TRACTORS, TRAILERS, AND SEMITRAILERS
§18-10.20 | SPECIAL TAX FOR EDUCATIONAL PURPOSES
(b) The tax provided in this amendment shall be levied and collected for a period of twenty years.
(c) Commencing with the tax year for which taxes will become due and payable on October 1, 2009, all ad valorem taxes previously levied for public school purposes in Conecuh County shall be repealed except the one-half mill levied by Section 269.08..
§18-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
The county commission and the Conecuh County Fire Control Association are further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services.
Commencing with the levy for the tax year for which taxes will become due and payable on October 1, 1991, there is hereby levied, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a fire protection tax of three mills. The fire protection tax levied herein shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Conecuh county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be paid into the county general fund and used in furtherance of fire protection and for rescue squads within the affected area. Prior to the levy of the fire protection tax in said county, there shall be submitted to the electors of said county, at a special election called for that purpose in said county, the question of whether the said tax shall be levied, and the said tax shall be authorized at such election by a majority of the qualified electors within the said county who vote at such election.
Elections on the question of the levy of a fire protection tax in said county may be held at any time and from time to time, provided, that if any such election held after the ratification of this amendment the proposal to levy the tax so submitted should be defeated then the proposal may not be submitted at another election held in said county within two years from the last election held under this amendment.
§19-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§19-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§19-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§19-10.20 | SPECIAL TAXES FOR EDUCATIONAL PURPOSES
§19-11.00 | FIRE PROTECTION PURPOSES
§20-4.00 | COVINGTON COUNTY AND MUNICIPALITIES THEREIN
In carrying out the purposes of this amendment, neither Covington County nor the municipalities shall be subject to Sections 93 or 94 of this Constitution. Each public corporation heretofore created by Covington County or by the municipalities, including specifically any industrial development board or authority, any economic development commission or authority, or any airport authority is validated and the powers granted to such board, commission, or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any such municipality, or to any agency, board, corporation, commission, or authority created pursuant to the laws of this state.
Neither Covington County nor the municipalities shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Covington County or any such municipality is approved at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in any such municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a granting of public funds or thing of value in aid of a private entity.
The recital in any bonds, warrants, notes, or other obligations or evidences or indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of the county or any such municipality for the purpose of determining the borrowing capacity of the county or any such municipality under Section 224 or Section 225 of the Constitution of Alabama of 1901.
This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, the Legislature may by general, special, or local act adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. No such special or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.
(2) Lease, sell for cash, or on credit, exchange, give, and convey any such property described in subdivision (1), to any person, firm, association, corporation or entity, public, or private, including, but not limited to, a duly authorized industrial development board or economic development commission or airport authority serving the county or any such municipalities.
(3) Promote local industrial, commercial, or agricultural development and the location of new industries or business therein.
(4) Become a stockholder or equity owner in any corporation, association, company, or entity.
(5) Lend its credit or grant public moneys and things of value in aid of any individual, firm, association, corporation, or entity whatsoever.
(6) Become indebted and issue and sell bonds, warrants, which may be payable from funds to be realized in future years, notes or other obligations, or evidences of indebtedness, to a principal amount not exceeding 50 percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1) or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may be issued upon the full faith and credit of the county or any such municipality or may be limited as to the source of their payment.
(7) Create a public board, agency, authority, commission, corporation, or other entity having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of the county or any such municipality may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the Secretary of State, or their respective successors in function, and delegate to such public board, agency, authority, commission, corporation, or other entity and its board or governing body all powers and authority conferred in this amendment upon the county or any such municipality.
§20-7.00 | OPERATION OF BINGO BY NONPROFITS
(2) Except for special permit holders, no bingo permit or license shall be issued to any nonprofit organization, unless the organization has been in existence for at least five years and has owned real property in the county for five years immediately prior to the issuance of the permit or license.
(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization or club operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from operating the bingo games.
(4) No nonprofit organization or club shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. A nonprofit organization may not pay consulting fees or any compensation or salary to any individual or entity for any services performed relating to operating or conducting any bingo game.
(5) A nonprofit organization may not lend its name or allow any other person or entity to use its identity in operating or advertising a bingo game in which the nonprofit organization is not directly and solely operating the bingo game or concessions.
(6) One hundred percent of the net revenues derived from operating bingo games shall be designated and expended for charitable or educational purposes.
(7) No person or organization, by whatever name or composition, shall take any expenses for operating a bingo game except as permitted by law.
§20-8.00 | CERTAIN PUBLIC OFFICIALS
§20-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§20-9.00 | USE OF GOLF CARTS
(b) A municipality that authorizes the use of golf carts pursuant to subsection (a) shall inspect any golf cart that an owner wishes to use pursuant to subsection (a) to determine if the safety equipment required by subsection (e) is present on the golf cart and shall verify that the operator of the golf cart on a municipal street or public road is covered by a policy of liability insurance held by the owner of the golf cart. The liability limits for operation of the golf cart shall be the same as for operation of a motor vehicle. If the proper safety equipment is present and the golf cart is covered by liability insurance, the municipality shall issue a permit to the owner upon payment of a permit fee. The municipality may designate the appropriate department of the municipality to inspect and permit golf carts and may adopt rules for permitting golf carts, including providing for a permit fee.
(c) A municipality may not allow a golf cart to operate on a municipal street or public road where the posted speed limit exceeds 25 miles per hour.
(d) A municipality may limit the operation of a golf cart pursuant to this section to only between the hours of sunrise and sunset.
(e) The golf cart shall be equipped with headlights, brake lights, turn signals, and a windshield.
(f) No person may operate a golf cart on a public street or road without a driver’s license.
(g) A municipality may enact an ordinance regarding golf cart operation and equipment that is more restrictive than the restrictions enumerated in this section. Upon enactment, the municipality shall post appropriate signs or otherwise inform residents that the ordinance exists and will be enforced within the jurisdictional limits of the municipality.
(h) All golf carts shall be entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any golf cart of the full use of a lane.
(i) The operator of a golf cart may not overtake and pass in the same lane occupied by the vehicle being overtaken.
(j) A golf cart may not be operated between lanes of traffic or between adjacent lines or rows of vehicles.
(k) Golf carts may not be operated two or more abreast in a single lane.
(l) The unauthorized operation of a golf cart on a municipal street or public road is a violation for which the municipality may collect a civil penalty of up to fifty dollars ($50).
(m) Notwithstanding any other provision of this amendment, a municipality may enact an ordinance regarding golf cart operation and equipment that is less restrictive than the restrictions enumerated in this amendment authorizing the use of golf carts for periods not to exceed 80 hours by the municipality or a civic organization in conjunction with civic events or events to raise funds, promote economic development, or similar purposes as authorized in the ordinance.
§20-10.20 | SPECIAL SCHOOL TAXES IN DISTRICTS 1 AND 2
2. If a majority of the qualified electors of school districts number 1 and 2, Covington county, who participate in the election on the adoption, then the approval of the amendment as expressed by such vote shall of itself authorize the levying of the special tax provided for herein at the maximum rate specified for a period not exceeding twenty years.
§20-11.00 | FIRE PROTECTION PURPOSES
(b) The County Commission of Covington County shall levy and collect a special property tax, in addition to all other taxes now or hereafter provided by law, of three mills on each one dollar’s worth of taxable property as assessed for the state ad valorem taxation during the preceding year. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire, emergency medical, and rescue services.
(c) The Revenue Commissioner of Covington County shall assess the tax herein provided for, and shall collect the fire tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid into a special county fund. Within thirty days of payment into the special fund, the county commission shall allocate the funds among the eligible fire departments and rescue squads. The funds shall be divided equally among the eligible fire departments and rescue squads.
(d) An eligible fire department, for purposes of this amendment, means a fire department in Covington County that maintains an ISO-approved rating of at least Class 9, is certified under the Alabama Forestry Commission guidelines, and is a member in good standing of the Covington County Firefighters Association. An eligible rescue squad, for purposes of this amendment, means a rescue squad that is certified by the Alabama Association of Rescue Squads or Emergency Medical Services.
(e) Funds paid to eligible fire departments and rescue squads shall only be expended for fire protection and emergency medical and rescue services including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department or rescue squad which are committed by a fire department or rescue squad or the personnel of a fire department or rescue squad. The funds may not be expended for food, drink, social activities or fund-raising activities. After receiving funds, the fire departments and rescue squads shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, the fire departments and rescue squads shall file a financial statement with the Covington County Commission detailing the expenditure of all funds received from this amendment during the previous twelve months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The Covington County Firefighters Association shall supply the accounting forms to each eligible fire department and rescue squad. No new fire departments shall be funded within Covington County without prior approval of the Covington County Firefighters Association and the Covington County Commission and without first being certified according to Alabama Forestry Commission guidelines. New departments shall attain an ISO Class 9 rating within two years of receiving fire tax funds to remain eligible. No new rescue squads shall be funded within Covington County without prior approval of the Covington County Commission.
(f) Upon dissolution or abandonment of any eligible fire department or rescue squad, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be transferred to the county commission. The funds and assets shall be reallocated by the county commission equally to the other fire departments and rescue squads. In the event there are no fire departments or rescue squads, the funds or assets shall be placed in the county general fund.
(g) The personnel of fire departments and rescue squads provided for in this amendment shall not be considered employees, servants or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments or rescue squads.
(h) Act No. 93–317, H. 825, 1993 Regular Session, is repealed.
(i) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Covington County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.
§21-2.00 | COUNTY JAIL
(b) The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Crenshaw County to be used by the county commission for the planning, designing, constructing, operating, furnishing, equipping, and financing of a county jail. The Crenshaw County Commission may set and adjust by resolution the fees within the limits authorized by this amendment based on the needs associated with the planning, designing, constructing, operating, furnishing, equipping, and financing of a county jail.
§21-4.00 | CRENSHAW COUNTY AND MUNICIPALITIES THEREIN
In carrying out the purposes of this amendment, neither Crenshaw County nor the municipality shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Crenshaw County or by the municipality, including, specifically, any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.
Crenshaw County or any municipality located therein shall neither lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) The action proposed to be taken by Crenshaw County or the municipality is at a public meeting of the governing body of the county or municipality, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the municipality, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the municipality proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or the municipality, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Crenshaw County or the municipality.
§21-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§22-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§22-5.00 | CONTROL OF SIXTEENTH SECTION SCHOOL LANDS
(b) Any proceeds from the sale of sixteenth section or school land shall be distributed as follows:
(2) Ten percent shall be deposited into the Cullman County Board of Education General Fund.
(d) Any proceeds generated from the sale of timber, minerals, or other natural resources of the land, or from the lease of sixteenth section or school land shall be paid directly to the Cullman County Board of Education and deposited into the Cullman County Board of Education General Fund.
(e) It is the intent of the Legislature that this amendment supersede any other provision of this constitution which may be construed as being in conflict with this amendment as it relates to sixteenth section or school lands in Cullman County and the rights, power, and control of the property relating to the sale, lease, or other disposition of the land or the sale of timber, minerals, or other natural resources generated by the land, or any proceeds or interest earned therefrom.
(f) Upon ratification of this amendment, all proceeds realized from the sale, lease, or other disposition of sixteenth section or school land or the sale of timber, minerals, or other natural resources generated by Cullman County sixteenth section or school lands occurring before ratification of this amendment, and held in trust by the State of Alabama, shall continue to be held in trust and any revenue and interest derived from those transactions shall be paid to the custodian of funds of the Cullman County Board of Education.
§22-5.20 | ELECTION
§22-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§22-9.00 | DISCRETIONARY FUND
§22-10.00 | OCCUPATIONAL TAX PROHIBITED
§22-10.20 | TERM OF OFFICE
§23-2.00 | COMPENSATION OF CERTAIN OFFICIALS AND CONSOLIDATION OF OFFICES
Provided, however, no law enacted prior to the ratification of this amendment putting any officer of Dale county on a salary basis, nor any law providing for the consolidation of any offices of such county shall have any force or effect, even though such act provided that it should become effective upon adoption of an amendment to the Constitution authorizing such act.
The legislature may also, from time to time, by general, special or local laws, fix, regulate and alter the cost and charges of courts in Dale county, and the method of disbursement thereof.
2. The legislature may from time to time, by general or local law, provide for the transfer of the duties, or part of the duties, of one county officer of Dale county to another officer of such county; or consolidate any two or more offices of such county into one county office and provide for the abolition of the office or offices left without duties, or create a completely new office in such county and transfer to such office a part of the duties of each of several other offices without abolishing any office in such county; provided that the officer or officers to fill the offices involved will be compensated for the performance of the duties of their offices by a salary fixed according to law.
§23-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§23-8.01 |
§23-10.20 | SPECIAL PROPERTY TAX FOR EDUCATIONAL PURPOSES IN DALE COUNTY AND CITY OF OZARK
The city of Ozark shall likewise have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceding [exceeding] one half of one percent on the value of the taxable property situated within the corporate limits of the city, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on property situated within the corporate limits of Ozark shall be ordered and held in the same manner as provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds. The additional tax, authorized by this amendment to be levied on property situated within the corporate limits of Ozark shall be collected in the same manner and under the same requirements and laws as other taxes levied on property by the city of Ozark are collected, and the revenues derived from this tax shall be used solely for school construction and other educational purposes within the limits of the city of Ozark.
If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at any time.
This amendment shall be self-executing.
§24-2.00 | GENERAL AUTHORITY
§24-2.20 | JUDICIAL COMMISSION; DISTRICT COURT JUDGE VACANCIES
[Section 1.]
All vacancies in the Office of Judge of the District Court of Dallas County which occur subsequent to January 15, 2021, shall be filled pursuant to the provisions of this amendment.Section 2.
(2) Two persons who are not members of the Alabama State Bar to be elected by the members of the Dallas County Legislative Delegation. The members of the Dallas County Legislative Delegation shall certify in writing to the Judge of Probate of Dallas County the names of the two persons elected.
(3) One judge of the Circuit Court of the Fourth Judicial Circuit to be elected by the Circuit Judges of the Fourth Judicial Circuit. The judges of the circuit court shall certify in writing to the Judge of Probate of Dallas County the name of the circuit judge elected.
Section 3.
The terms of office of all members of the commission shall be six years, except that the initial terms of office of the two members of the state bar shall be one and two years respectively, and the initial terms of office for the two members who are not members of the state bar shall be three and four years respectively, and the initial term of the circuit judge elected by the circuit judges shall be for five years. The length of each initial term of office shall be designated by the electing bodies. The terms of the initial members of the commission shall begin on January 16, 2021. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen. No member of the commission shall be eligible to serve consecutive terms.Section 4.
A member of the commission may not receive any salary or other compensation for serving as a member. A member of the commission other than the member required to be a judge of the circuit court may not hold any public office or any official position in any political party. A member of the commission is not eligible for nomination to the Governor for appointment as judge of the district court within six months of being a member of the commission.Section 5.
If, subsequent to January 15, 2021, a vacancy occurs in the Office of Judge of the District Court of Dallas County, the commission, within 60 days, shall nominate to the Governor three persons having the qualifications for the office. The nominations shall be made only by the concurrence of a majority of the members of the commission. If the commission fails to nominate three persons during the 60–day period, the names shall be selected by the Chief Justice or Acting Chief Justice of the Alabama Supreme Court within 10 days. The Governor shall appoint to the office in which the vacancy exists one of the three persons nominated. The appointee shall hold the office until a successor elected at the next general election for any state officer held at least six months after the vacancy occurs takes office.§24-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§24-8.00 | CERTAIN PUBLIC OFFICIALS
§24-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§24-8.21 | MAYORS; PARTICIPATION IN RSA
§25-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§25-6.00 | METHADONE CLINIC
§25-8.00 | CERTAIN PUBLIC OFFICIALS
§25-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§25-10.00 | OCCUPATIONAL TAX PROHIBITED
§25-10.20 | SPECIAL TAX FOR HOSPITALS AND PUBLIC HEALTH PURPOSES
§25-10.40 | SPECIAL PROPERTY TAX FOR EDUCATIONAL PURPOSES
§25-10.41 | WARRANTS PAYABLE FROM PROCEEDS OF SPECIAL TAXES FOR EDUCATIONAL PURPOSES
§25-11.00 | FIRE PROTECTION PURPOSES
(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the DeKalb County Association of Fire Departments, Incorporated. At each quarterly meeting of the association, the funds shall be divided between all eligible volunteer fire departments and the DeKalb County Association of Fire Departments so that each volunteer fire department receives an equal share of the funds and the county association receives an amount equal to the total of three of the equal shares received by the volunteer fire departments. Of the three share total distributed to the county association, one-third or one share may be used for administrative duties, the other two-thirds or two shares may be used for fire protection services in those areas not adequately covered by a fire department or for additional fire service equipment purchases on a countywide basis, or both. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds, including but not limited to, any funds which have accrued since October 1, 1998, and have not been distributed as of the ratification date of this amendment.
(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in DeKalb County that is certified under the guidelines of the Alabama Forestry Commission, has at least an ISO class 9 rating, and is a member in good standing of the DeKalb County Association, Incorporated. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the eligible volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each eligible volunteer fire department shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department.
(d) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.
(e) The personnel of volunteer fire departments shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments.
§26-2.00 | GENERAL AUTHORITY
§26-8.00 | CERTAIN PUBLIC OFFICIALS
§26-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§26-10.00 | CONSOLIDATION OF OFFICES; REVENUE COMMISSIONER
In the event this amendment is approved and a majority of the qualified electors of Elmore county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which consolidates county offices in Elmore county may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect.
§26-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
§26-11.01 | LEVY OF FEES
(b) Act No. 92–660, H. 63, 1992 Second Special Session, a proposed, but not ratified local constitutional amendment, relating to the same subject matter, is repealed.
(c) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Elmore County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.
§27-2.00 | COMPENSATION OF CERTAIN OFFICIALS
In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which places any officials in Escambia county on a salary basis, or any law fixing, regulating, and altering the costs and charges of court and the fees, commissions, allowances, and salaries of any official in Escambia county, may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect.”
§27-3.00 | DISTRIBUTION
2. The members of the Escambia County commission, or their successors in office, shall constitute the trustees of the trust. Provided, however, the members of the Escambia County commission, or their successors in office, may in their discretion, appoint one or more trustees or escrow agents for the trust which trustees or escrow agents shall be trust companies or national or state banks having powers of a trust company within or without the State of Alabama. The trustees shall invest the corpus of the trust only in direct general obligations of, or obligations the payment of the principal of and interest on which are conditionally and irrevocably guaranteed by the United States of America. Provided, however, that, notwithstanding any legal limitation that might otherwise be applicable, the trustees shall further have the authority in their discretion to invest such trust fund in certificates of deposit of any savings and loan associations or banks whether federally or state chartered whose principal office is located in the state, provided that such funds so invested are fully secured by pledge of eligible United States treasury securities.
3. Commencing with the 1984–1985 fiscal year, up to eighty percent (80%) of the net income from the investments authorized in Section A2 of this amendment shall be distributed quarterly, semiannually or annually, as designated by the trustees, to the general fund of the county.
4. The provisions of A1, A2, and A3 of this amendment shall not terminate at the end of twenty years, unless a majority of the qualified electors of the county vote to terminate the provisions by a constitutional amendment duly proposed by the Alabama legislature.
Each public board of education now in existence or hereafter created in Escambia County shall receive a pro rata share of said monies based upon the relation its average enrollment in its schools during the preceding school year bears to the average enrollment of all public schools in Escambia County.
(2) Up to $500,000.00 of the principal shall be deposited in the county general fund; and
(3) The remaining principal shall be deposited as principal into the “Escambia County oil and gas severance trust” as established in Act No. 84–576, H. 664, 1984 Regular Session (Acts 1984, p. 1198), as amended. The earned interest that is generated by this transfer of principal shall be expended according to the provisions of the said Act No. 84–576, as amended, and by Sections A1, A2 and A3 of this amendment.
The provisions of this subsection shall become effective immediately upon the first receipt of funds by Escambia County pursuant to Act No. 79–434, H. 148 of the 1979 Regular Session (Acts 1979, p. 687), as amended.
3. An amount equal to ten percent of the total of all net funds received by Escambia County after the effective date of this act, and distribution of funds as provided in Section B1 hereof, from a severance tax or privilege tax on oil and gas under any general law, including Sections 40–20–1 through 40–20–13, Code of Alabama 1975, as amended, or any local law whatsoever, or not otherwise herein allocated, distributed or designated, shall be deposited in the Escambia County general fund.
The provisions of this subsection B3 become effective immediately upon the first receipt of funds by Escambia County pursuant to Act No. 79–434, H. 148, 1979 Regular Session (Acts 1979, p. 687), as amended.
§27-3.01 | INVESTMENT AND LOAN OF FUNDS
§27-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§27-10.20 | SPECIAL TAX FOR HOSPITALS AND PUBLIC HEALTH PURPOSES
§27-11.00 | CANOE LANDMARK DISTRICT
(c) Subsection (b) shall not apply to any municipality incorporated after the ratification of this amendment which includes any part of the Canoe Landmark District.
§28-2.00 | LAW LIBRARY
§28-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§28-4.01 | ETOWAH COUNTY AND MUNICIPALITIES THEREIN
(2) To lease, sell for cash or on credit, exchange, give, transfer, or convey any such property described in subdivision (1) above to any person, firm, association, or corporation.
(3) To promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.
(4) To lend its credit or to grant public moneys and things of value in aid of, or to any individual, firm, association, or corporation whatsoever.
(5) To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding 50 percent of the assessed value of taxable property therein, as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1) or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may be issued upon the full faith and credit of Etowah County or such municipality or may be limited as to the source of their payment.
(6) To create a public authority, corporation, agency, or board having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Etowah County or such municipality may impose, by approving and filing a certificate to that effect in the office of the Judge of Probate of Etowah County or the Secretary of State, or their respective successors in function, and to delegate to such public authority, corporation, agency, or board and its board or governing body all powers and authority conferred in this amendment upon the governing body of Etowah County or such municipality.
(7) To delegate all powers and authority conferred in this amendment upon the governing body of Etowah County or such municipality to an existing public authority, corporation, agency, or board having similar powers to those provided herein, which public authority, corporation, agency, or board is managed and governed by a board or governing body and is subject to such limitations as the governing body of Etowah County or such municipality may have imposed or, subsequent to the ratification of this amendment, may impose.
(c) The recital in any bonds, warrants, notes, or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of Etowah County or such municipality for the purpose of determining the borrowing capacity of Etowah County or such municipality under Section 224 or Section 225 of the Constitution of Alabama of 1901.
(d) In carrying out the purposes of this amendment, neither the governing body of Etowah County, such municipality, nor any public authority, corporation, agency, or board delegated the powers set forth herein, shall be subject to the provisions of Section 93 or Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, the Legislature shall have the right and power by general, special, or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. No such general, special, or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.
§28-7.00 | OPERATION OF BINGO BY NONPROFITS
The provisions of this constitutional amendment shall be self-executing, but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the general purposes and objectives herein set forth.
(b) No bingo permit or license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 5 years immediately prior to the issuance of the permit or license except the tax-exempt Etowah county council on aging is exempt from the time requirement;
(c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;
(d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees nor any compensation nor salary to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;
(e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;
(f) Prizes given by any qualified nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value, set by the legislature, during any bingo session. The legislature shall set a maximum amount for any calendar week.
(g) No person or organization, by whatever name or composition thereof, shall take any expenses for the operation of a bingo game except as permitted by law.
§28-8.00 | CERTAIN PUBLIC OFFICIALS
§28-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§28-8.40 | SHERIFF’S PERSONNEL BOARD; PARTICIPATION
§28-9.00 | DISCRETIONARY FUND FOR FEEDING PRISONERS
§28-10.00 | REAL ESTATE LICENSE TAXES
(2) Effective January 1 following the ratification of this amendment and each year thereafter, in addition to the taxes, if any, imposed under subdivision (1) above, every corporation, firm, broker, agent, or other person or entity engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Etowah County shall pay an annual business license tax at a rate to be set by the Legislature for the privilege of engaging in that business in every other city or municipality in Etowah County. The tax shall be collected by the License Commissioner of Etowah County and shall be distributed by the License Commissioner of Etowah County to each city or municipality within Etowah County on a pro rata basis based on population. The License Commissioner of Etowah County shall be entitled to an administrative fee for administering this tax at a rate to be set by the Legislature. The fee shall to be subtracted from the license tax.
(3) Effective January 1 following the ratification of this amendment and each year thereafter, except for the license taxes permitted or mandated under subdivisions (1) and (2) above, no other privilege license tax or any other fee or tax shall be imposed under Sections 11–51–90 and 11–51–91, Code of Alabama 1975, or any other law by any city or municipality within Etowah County on corporations, firms, brokers, agents, or other persons or entities engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Etowah County.
§28-10.20 | SPECIAL SCHOOL TAX
§28-10.21 | ADDITIONAL SPECIAL SCHOOL TAX FOR EDUCATIONAL PURPOSES
If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at any time.
Nothing contained in this amendment shall be construed to authorize the levy and collection of an additional tax on property situated within the corporate limits of the cities of Gadsden or Attalla.
This amendment shall be self-executing.
§28-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
The county commission is further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services.
There is hereby levied, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a fire protection tax of three mills. The fire protection tax levied herein shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Etowah county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be paid into the county general fund and used in furtherance of fire protection within the affected area. Prior to the levy of the fire protection tax in a fire district, there shall be submitted to the electors of the district, at a special election called for that purpose in the district, the question of whether the said tax shall be levied, and the said tax shall be authorized at such election by a majority of the qualified electors within any particular fire district of the county or corporate municipality therein who vote at such election; provided further, that if a majority of the qualified electors of any of the fire districts participating in the election on the ratification of this amendment shall vote for the ratification of this amendment, then the approval of this amendment as expressed by the vote in said district in favor of its ratification shall, of itself, authorize the levy and collection of the tax for fire protection purposes in that fire district, commencing with the levy for the tax year for which taxes will become due and payable on October 1, 1985.
Elections on the question of the levy of a district fire protection tax may be held at any time and from time to time, provided, that if any such election held after the ratification of this amendment the proposal to levy the tax so submitted should be defeated then the proposal may not be submitted at another election held in the same district within two years from the last election held under this amendment.
Any act heretofore enacted regarding said Etowah county fire fighting districts is hereby ratified and confirmed insofar as it is consistent with this amendment.
§28-11.20 | GENERAL PROVISIONS
The provisions of this amendment shall not apply to any municipality incorporated in the future that lies entirely within the boundaries of Etowah county.
The provisions of this amendment shall not apply to any territory presently annexed within Etowah county by a municipality located outside of the county.
The legislature may pass local or general acts to supplement this amendment, so long as such acts do not contravene the provisions of this amendment.
§29-2.00 | WEST ALABAMA CHILDREN’S ADVOCACY CENTER
Section I.
In the 24th Judicial Circuit, consisting of Fayette County, Lamar County, and Pickens County, in addition to any court costs and fees now or hereafter authorized in cases in the circuit and district courts, an additional fee of five dollars ($5) shall be charged and collected by the clerk of the court on each case filed in the circuit.Section II.
The clerk of the respective court shall collect the fee in the same manner as other costs in the court and shall remit the fee to the West Alabama Children’s Advocacy Center on a monthly basis to be used by the center for abuse victims in the circuit.Section III.
If the boundaries of the 24th Judicial Circuit change, the filing fee imposed by this amendment shall remain in effect for the Counties of Fayette, Lamar, and Pickens, unless altered by a subsequent amendment to this constitution.§29-2.01 | DRUG ENFORCEMENT FEE
Section 1.
In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Fayette County, a docket fee, hereinafter referred to as a drug enforcement fee, shall be assessed in each case. The drug enforcement fee shall be in an amount equal to ten dollars ($10) in each non-drug case; sixty dollars ($60) in each misdemeanor drug case; and eighty-five dollars ($85) in each felony drug case. The drug enforcement fee, when collected, shall be distributed monthly as follows: Three dollars ($3) of the fees assessed in each case shall be retained by the clerk of the court as an administrative fee and the remainder to the Drug Enforcement Fund established by the district attorney in the county or to the fund that may hereafter be prescribed by law for the drug enforcement fee.Section 2.
The drug enforcement fee shall be collected as prescribed hereinabove in all cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest, or in any other case where court costs are assessed, whether a defendant is adjudged guilty or not. The drug enforcement fee shall be in addition to and not in lieu of any other fees or costs, and shall not be waived or remitted unless all other costs and charges of court are waived.Section 3.
The district attorney for the Twenty-fourth Judicial Circuit shall establish a separate fund to be called the Fayette County Drug Enforcement Fund. All sums deposited into the fund pursuant to this amendment may be expended by the district attorney for the support of the drug task force that serves the Twenty–Fourth Judicial Circuit, including, but not limited to, the payment of any and all expenses incurred by the drug task force, and the payment of any matching monies required under the terms of any grant that may be awarded by any governmental or other entity for the support of the drug task force, the payment or supplementing of salaries for personnel of the drug task force, or for any other law enforcement purpose.Section 4.
The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Fayette County and provide for their distribution. Any local law authorizing the levy of additional court costs in Fayette County enacted prior to the effective date of this amendment is ratified and confirmed.§29-4.00 | FAYETTE COUNTY MUNICIPALITIES
2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Fayette county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Fayette county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.
This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
§29-8.00 | CONSTABLE; OFFICE ABOLISHED
§29-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§29-11.00 | WATER COORDINATING AND FIRE PREVENTION AUTHORITY
§29-11.01 | TOM BEVILL RESERVOIR MANAGEMENT AREA AUTHORITY
§29-11.20 | FIRE PROTECTION PURPOSES
§30-2.00 | COMPENSATION OF JUDGE OF PROBATE
§30-4.00 | FRANKLIN COUNTY AND MUNICIPALITIES THEREIN
2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend this credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of Franklin county, or the municipality therein, as the case may be, or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in Franklin county, or upon all property in the municipality, as the case may be, or upon all property in any district the boundaries of which the governing body of the county or the municipality, as the case may be, shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of the county or the governing body of the municipality, as the case may be, may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon Franklin county or any municipality therein.
This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
§30-5.00 | INITIAL ELECTION
(b) This amendment shall not become effective unless approved by a majority of the qualified electors residing in the jurisdiction of the Franklin County School System and a majority of the qualified electors of Franklin County.
§30-5.01 | ELECTION OF SUCCESSORS
(b) Any contract of any appointed county superintendent of education shall terminate on the date the elected county superintendent of education takes office.
(c) Any actions taken pursuant to Section 30–5.00 are ratified, validated, and confirmed.
§30-6.00 | PROHIBITION AGAINST USE OF CERTAIN BIOSOLIDS
§30-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§30-9.00 | DEFENSE OF PERSON ON CHURCH PREMISES
(b) The following definitions are applicable to this amendment:
Church
(1). A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.Deadly physical force
(2). Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.Force
(3). Physical action or threat against another, including confinement.Premises
(4). The term includes any building, as defined in this section, and any real property.(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.
(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A–3–21, Code of Alabama 1975.
(f)
(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.
(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.
§30-10.20 | ADDITIONAL TAX FOR SCHOOL PURPOSES
§30-10.21 | ADDITIONAL TAX FOR SCHOOL PURPOSES; ADDITIONAL PROVISIONS
2. The county governing body may likewise levy and collect said special property tax on the property situated within the city of Russellville, as assessed for state taxation during the preceding year, provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the city of Russellville and voted for by a majority of those voting at the election.
3. The additional taxes levied on property under Section 30–10.20 and this amendment shall be collected in the same manner and under the same requirements and laws as other taxes levied on property for public school purposes.
§30-10.40 | TAX IN DISTRICTS 1, 2, AND 3 FOR HOSPITAL PURPOSES
Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Franklin county, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest-bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county.
The governing body of Franklin county shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said districts one, two, and three, any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it.
No securities issued or contracts made by Franklin county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Franklin county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.
Districts one, two, and three of Franklin county herein referred to are the commissioners districts one, two, and three now established in Franklin county as authorized by law.
§30-10.60 | ALABAMA TRANSPORTATION REHABILITATION AND IMPROVEMENT PROGRAM
§30-11.00 | WATER COORDINATING AND FIRE PREVENTION AUTHORITY
§30-11.20 | REGIONAL AIRPORT AUTHORITY
The regional airport authority shall be incorporated according to the laws of the State of Alabama relative to the incorporation of airport authorities and shall have the same powers and authority of airport authorities organized under the general laws of the State of Alabama. The incorporation procedure shall be commenced by at least three natural persons, two of whom shall be residents of the City of Red Bay, and the other or others may be residents of the political subdivisions of the State of Mississippi. The incorporators shall be qualified electors of the political subdivision which they represent.
The regional airport authority shall be governed by a board of directors as provided in the certificate of incorporation or the bylaws. The governing body of each participating political subdivision shall appoint one member to the board of directors.
The regional airport authority may issue and sell its interest-bearing revenue bonds for its corporate purposes. The principal of and the interest on all bonds shall be payable solely from, and may be secured by a pledge of the revenues derived by the regional authority from the operation of any or all of its airports, facilities, and other property. The bonds issued or contracts entered into by the authority shall not constitute or create an obligation or debt of this state or of any county, city, or town within this state, or a charge against the credit or taxing powers of this state or of any county, city, or town within this state.
(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Franklin County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.
§31-2.00 | JUDGE OF PROBATE; COMPENSATION
§31-2.01 | JUDGE OF PROBATE; AGE RESTRICTION
§31-2.20 | COUNTY JAIL
§31-3.00 | CONSTRUCTION AND EQUIPMENT OF COURTHOUSE AND JAIL
All bonds issued under this amendment shall be general obligations of the county secured by an irrevocable pledge of its full faith and credit and of the said special tax to the extent necessary to pay the principal of and interest on said bonds. The governing body of said county may further, if it deems such action desirable, pledge for payment of the principal of and interest on said bonds any other tax which said county may be authorized to levy under any provision of the Constitution. All bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the sale of said bonds respecting the maturities, sale, execution and redemption of bonds by counties. Any special tax which may be levied hereunder shall be levied and collected in accordance with the general laws of Alabama at the time in force respecting the levy and collection of ad valorem taxes by counties.
§31-4.00 | GENEVA COUNTY MUNICIPALITIES
The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of any municipality in Geneva county for the purpose of determining the borrowing capacity of such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.
This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
No municipality in Geneva county shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby who vote thereon at a referendum election held for such purpose. The governing body of any municipality may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published once a week for at least three successive weeks before the election in a newspaper of general circulation in the municipality.
2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Geneva county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Geneva county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.
§31-4.01 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§31-8.00 | CERTAIN PUBLIC OFFICIALS
The legislature may from time to time, by general or local law, provide for the transfer of the duties of the tax assessor and tax collector of Geneva county to another officer of such county; or provide for the abolition of the said offices left without duties, or create a completely new office in such county and transfer to such office the duties of each of the said tax offices of tax assessor and tax collector in such county; provided, that the officer to fill the newly created office will be compensated for the performance of the duties of said office by a salary fixed according to law.
In the event this amendment is approved and a majority of the qualified electors of Geneva county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which places any such officers in Geneva county on a salary basis, or any law fixing, regulating and altering the costs and charges of court and the fees, commissions, allowances and salaries of any such officer in Geneva county, may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect.
§31-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§32-2.00 | JUDGE OF PROBATE; COMPENSATION
All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate of Greene county shall continue to be collected but shall be paid into the general fund of Greene county.
The county commission of Greene county shall provide the judge of probate with such office personnel, equipment and supplies as such county commission may consider necessary for the proper and efficient conduct of his office. Compensation of any personnel so provided shall be fixed by the county commission and shall be paid in equal monthly installments out of the general fund of Greene county.
§32-2.20 | GENERAL AUTHORITY
§32-4.00 | GREENE COUNTY
2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses in the county.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association or corporation whatever.
6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidence of indebtedness, to a principal amount not exceeding $250,000, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidence of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of Greene county, or may be limited as to the source of their payment.
7. To apply the proceeds from taxes levied and collected under the provisions of section 215 of the Constitution and amendments thereto to the purchase, construction, lease, or acquisition of any of the property described in subdivision 1 above or for the furtherance of any of the other powers or authorities granted in this amendment, provided the proceeds from such taxes have not been pledged for debts or liabilities now existing.
8. To pledge to the payment of any bonds, warrants, notes, or other obligations or evidence of indebtedness the annual proceeds from taxes levied and collected under authority of section 215 of the Constitution and amendments thereto which have not been pledged for debts and liabilities now existing, and to obligate itself irrevocably to continue to use the proceeds from such tax until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body, and subject to such limitations as the governing body of Greene county may impose, by approving and filing a certificate to that effect in the office of the judge of probate of the county or secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county.
This amendment shall be self executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
§32-7.00 | OPERATION OF BINGO BY NONPROFITS
Bingo
1. . That specific kind of game commonly known as bingo in which prizes are awarded on the basis of designated numbers or symbols on a card or electronic marking machine conforming to numbers or symbols selected at random.Equipment
2. . The receptacle and numbered objects drawn from it, the master board upon which such objects are placed as drawn, the cards or sheets bearing numbers or other designations to be covered and the objects used to cover them or electronic card marking machines, and the board or signs, however operated, used to announce or display the numbers or designations as they are drawn.Nonprofit organization
3. . A bona fide religious, educational, service, senior citizens’, fraternal, or veterans’ organization which operates without profit to its members and which either has been in existence continuously as such an organization for a period of three years or is exempt from taxation by virtue of having been classified as a tax exempt nonprofit organization by the Internal Revenue Service, United States Government. This term includes a volunteer fire department and a volunteer rescue squad.Bingo games for prizes or money may be operated by a nonprofit organization in Greene County. The sheriff shall promulgate rules and regulations for the licensing, permitting, and operation of bingo games within the county. The sheriff shall insure compliance with such rules or regulations and all of the following:
(2) Bingo games shall be operated exclusively on the premises owned or leased by the nonprofit organization operating the bingo game. Such location shall be specified in the application of the nonprofit organization.
(3) A nonprofit organization may not enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. A nonprofit organization may not pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.
(4) A nonprofit organization may not lend its name or allow its identity to be used by another person or entity in the operating, promoting, or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.
(5) All equipment shall be stamped or clearly marked in letters no less than one-half inch in height and one-fourth inch in width (except for the letter “I”) with the name of the nonprofit organization using the equipment. A nonprofit organization or other person or entity may not use equipment marked with the name of another nonprofit organization.
(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed ten thousand dollars ($10,000) in cash or gifts of equivalent value during any bingo session .
(7) A nonprofit organization may not advertise bingo except to the extent and in the manner authorized by rule of the sheriff. If the sheriff allows a nonprofit organization to advertise bingo, the nonprofit organization shall indicate in the advertisement the purposes for which the net proceeds will be used by the nonprofit organization.
(8) A nonprofit organization shall display its bingo license conspicuously at the location where the bingo game is conducted.
(9) The sheriff shall determine by regulation the days of operation during any calendar week and the hours of operation.
§32-8.00 | CERTAIN PUBLIC OFFICIALS
The provisions of this constitutional amendment shall not be implemented in Greene county until implementation is approved by a vote of a majority of the qualified electors of Greene county voting in an election called by the county governing body to determine said issue; provided, however, that if a majority of the qualified electors of Greene county who participate in the election held on the adoption of this amendment vote in favor thereof, no further election need be held.
§32-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§33-2.00 | JUDGE OF PROBATE; COMPENSATION; DUTIES
All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate of Hale county shall hereafter continue to be collected but shall be paid into the general fund of Hale county.
The governing body of Hale county shall provide the judge of probate with such office personnel, clerks, deputies and such quarters, books, stationery, furniture, equipment and other such conveniences and supplies as such governing body may consider necessary for the proper and efficient conduct of his office. Compensation of any personnel so provided shall be fixed by the county governing body and shall be paid in equal monthly installments out of the general fund of Hale county.
The legislature may hereafter, from time to time, by general, special or local laws, fix, regulate and alter the fees, commissions, allowances, compensation or salaries to be charged or received by the judge of probate of Hale county, and may provide for the operation of his office. The legislature may hereafter, from time to time, by general, special or local laws further provide for the distribution of the fees, commissions, allowances, percentages and other charges herein provided for.
This constitutional amendment after its adoption shall not become effective until the beginning of the next term of office of the probate judge.
§33-2.20 | COUNTY JAIL
The additional fees when collected by the clerks or their collection officers of the courts shall be paid into the General Fund of Hale County to be used by the commission for the planning, designing, construction, financing, furnishing, equipping, and operation of a new county jail and for general county purposes.
§33-4.00 | HALE COUNTY AND MUNICIPALITIES THEREIN
2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or any municipality in Hale county or upon all property in any district the boundaries of which the governing body of the county or municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of the county or any municipality in Hale county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the governing body of the county or any municipality in Hale county.
§33-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§33-10.00 | AD VALOREM TAX FOR LAW ENFORCEMENT PURPOSES
(b) After the costs of planning, constructing, and equipping a new county jail are fully paid or when all bonds, warrants, or other obligations have been retired pursuant to Act 92–565, the additional ad valorem tax in the amount of three mills shall continue to be collected and distributed pursuant to subsection (a).
(c) This constitutional amendment shall have retroactive effect to May 21, 1992.
(d) Act 2011–256 of the 2011 Regular Session is hereby specifically repealed.
§33-11.00 | FIRE PROTECTION PURPOSES
(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the Hale County Fire Fighters Association. The county association shall divide the funds equally among all eligible volunteer fire departments and the Alabama Forestry Commission at each monthly meeting of the county association. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds.
(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. All eligible volunteer fire department shall mean a volunteer fire department located in Hale County that is certified under the guidelines of the Alabama Forestry Commission and is a member in good standing of the Hale County Association of Volunteer Fire Departments. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department and the Alabama Forestry Commission shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the Alabama Forestry Commission.
(d) The Alabama Forestry Commission’s share of these funds collected shall be used in Hale County only. The funds shall be used for buildings and purchase of equipment. The funds shall not be expended for salaries.
(e) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.
(f) The personnel of volunteer fire departments and the Alabama Forestry Commission shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments and the Alabama Forestry Commission.
§34-2.00 | COMPENSATION OF JUDGE OF PROBATE
§34-2.01 | GENERAL AUTHORITY
§34-2.20 | JUDGE OF PROBATE; QUALIFICATIONS
§34-3.00 | BONDS FOR NEW COUNTY COURTHOUSE AND JAIL
All bonds issued under this amendment shall be general obligations of the county secured by an irrevocable pledge of its full faith and credit. The governing body of said county may further, if it deems such action desirable, pledge for payment of the principal of and the interest on said bonds any tax which said county may be authorized to levy under any provision of the Constitution. All bonds, issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the sale of said bonds respecting the maturities, sale, execution and redemption of bonds by counties.
§34-4.00 | HENRY COUNTY AND MUNICIPALITIES THEREIN
The recital in any bonds, warrants, notes, or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of the county or any such municipality for the purpose of determining the borrowing capacity of the county or any such municipality under Section 234 or Section 225 of the Constitution of Alabama of 1901.
In carrying out the purposes of this amendment, neither the county nor any municipality shall be subject to the provisions of Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, the Legislature may by general, special, or local act adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. No such special or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.
Nothing contained herein shall be deemed to confer upon the Henry County Commission or the City Council of any municipality located in this county, or any public authority created pursuant to this amendment, the authority to purchase, construct, lease, control or otherwise acquire or operate telecommunications facilities, cable facilities or electric generating, transmission or distribution facilities, lines, or equipment.
(2) Lease, sell for cash or on credit, exchange, give, and convey any such property described in subdivision (1), to any person, firm, association, or corporation.
(3) Promote local industrial, commercial, or agricultural development and the location of new industries or business therein.
(4) Become a stockholder in any corporation, association, or company.
(5) Lend its credit or to grant public moneys and things of value in aid of, to any individual, firm, association, or corporation whatsoever.
(6) Become indebted and issue and sell bonds, warrants, which may be payable from funds to be realized in future years, notes or other obligations, or evidences of indebtedness to a principal amount not exceeding 50 percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1) or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may be issued upon the full faith and credit of the county or any such municipality or may be limited as to the source of their payment.
(7) Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of the county or any such municipality may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the Secretary of State, or their respective successors in function, and delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any such municipality.
§34-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§34-11.00 | FIRE PROTECTION PURPOSES
In addition to all other taxes now or hereafter provided by law, there shall be levied and collected in Henry County a special property tax of two mills on each one dollar’s worth of taxable property as assessed for the state ad valorem taxation during the preceding year. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire protection services.
The Revenue Commissioner of Henry County shall assess the tax herein provided for, and shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds shall be divided by the revenue commissioner on an equal basis among the six eligible volunteer fire departments in the county.
An eligible fire department, for purposes of this amendment, means a fire department in Henry County which is a member in good standing with the Alabama Volunteer Fire Department Association.
Funds paid to eligible volunteer fire departments shall only be expended for fire protection services including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department which are committed by the department or the personnel of a fire department. The funds may not be expended for food, drink, social activities, salaries, or fund-raising activities. After receiving funds, the fire departments shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, each volunteer fire department shall file a financial statement with the Henry County Commission detailing the expenditure of all funds received from this amendment during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated.
Upon dissolution or abandonment of any eligible fire department, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be divided equally among the remaining volunteer fire departments in the county. In the event all of the volunteer fire departments are dissolved, the additional property tax levied under this amendment shall self-destruct and no longer be levied and collected.
The personnel of volunteer fire departments provided for in this amendment shall not be considered employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments.
This amendment shall apply to collections of ad valorem taxes for the 1996–97 tax year and thereafter. The initial provisions of this amendment may hereafter be amended by local legislation which may become effective without referendum approval.
§35-2.00 | GENERAL AUTHORITY
§35-2.20 | JUDGE OF PROBATE; JURISDICTION
§35-2.21 | JUDGE OF PROBATE; QUALIFICATIONS
§35-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§35-7.00 | OPERATION OF BINGO BY NONPROFITS
(2) Except for special permit holders, no bingo permit or license shall be issued to any nonprofit organization or qualified private club, unless the organization or club shall have been in existence for at least five years and owned real property in the county for five years immediately prior to issuing the permit or license, except the following:
b. A private club with annual membership dues of three hundred dollars ($300) or more.
(4) No nonprofit organization or club shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization of club. No nonprofit organization or club may pay consulting fees, any compensation or salary to any individual or entity for any services performed relating to operating or conducting any bingo game.
(5) A nonprofit organization or club shall not lend its name or allow any other person or entity to use its identity in operating or advertising a bingo game in which the nonprofit organization or club is not directly and solely operating the bingo game or concessions.
(6) Prizes given by any qualified nonprofit organization or qualified private club for playing bingo games shall not exceed the cash amount or gifts of equivalent value, set by the Legislature, during any bingo session. The Legislature shall set a maximum amount for any calendar week.
(7) One hundred percent of the net revenues derived from operating bingo games shall be designated and expended for charitable or educational purposes.
(8) No person, or organization, or club, by whatever name or composition, shall take any expenses for operating a bingo game except as permitted by law.
(c) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Houston County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.
(d) Act No. 93–333, H. 717 of the 1993 Regular Session is repealed.
§35-8.00 | CERTAIN PUBLIC OFFICIALS
§35-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§36-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§36-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§36-10.00 | OCCUPATIONAL TAX PROHIBITED
§36-10.20 | VOCATIONAL SCHOOL; ECONOMIC DEVELOPMENT
Section 1.
The court of county commissioners, board of revenue, or like governing body of Jackson county shall have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of two mills on each one dollar’s worth of taxable property in the county, the proceeds of which shall be used for the acquiring, constructing, enlarging, repairing, improving, equipping, furnishing, operating, or maintaining of a vocational trade school in the county and for the rural and industrial development of the county, provided that the tax has been approved by a majority of the qualified electors of the county voting thereon. The county governing body may also pledge the proceeds of the tax to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for such purposes.Section 2.
In event this amendment is approved the court of county commissioners, board of revenue, or like governing body of Jackson county shall have the authority to call an election at any time. In the call for said election, there shall be submitted to the qualified electors of Jackson county a statement of the rate of the tax, the time that it shall continue, and whether or not it shall be levied; and such tax shall be levied if a majority of the qualified electors voting at the said election should vote in favor thereof. If in said election the majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall be again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be held and conducted in the same manner as county school tax elections, except that no petition of electors shall be necessary to initiate the same.Section 3.
The power to levy granted by this amendment will not be exhausted by one election but shall remain a continuing grant unless and until it is repealed by subsequent constitutional action.Section 4.
This amendment shall be self-executing and shall require no enabling legislation.§36-10.21 | SPECIAL PROPERTY TAX FOR EDUCATIONAL PURPOSES
§36-11.00 | FIRE PROTECTION PURPOSES
§36-11.20 | JACKSON COUNTY WATER AUTHORITY
§36-11.40 | THE CUMBERLAND MOUNTAIN WATER AND FIRE PROTECTION AUTHORITY
§37-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§37-2.20 | JUDICIAL COMMISSION; JUDGE OF CIRCUIT COURT; BIRMINGHAM
The Jefferson county judicial commission is hereby created for the purpose of nominating to the governor persons for appointment to such a vacancy. The members of such commission shall be (a) two persons who are members of the Alabama state bar, and (b) two persons who are not members of the Alabama state bar, and (c) one judge of the circuit court holding at Birmingham.
All members of such commission must reside in the territorial jurisdiction of the circuit court holding at Birmingham.
The two members of such commission who are required to be members of the Alabama state bar shall be elected by the members of such bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court holding at Birmingham. The executive committee of the Birmingham bar association or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of such members of such commission as are required to be members of the Alabama state bar. Such executive committee shall certify in writing to the probate judge of Jefferson county the names of the persons elected as members of such commission by such members of such bar.
The senator and representatives in the Alabama legislature from Jefferson county shall elect the two members of such commission who are required not to be members of the Alabama state bar. Such senator and representatives shall certify in writing to such probate judge the names of the persons elected by them as such members.
The judges of the circuit court holding at Birmingham shall elect the member of such commission who is required to be a judge of such circuit court. The judges of such circuit court shall certify in writing to such probate judge the name of the circuit judge elected by such circuit judges as such member.
The terms of office of all members of such commission shall be six years, except that the terms of office of the two members of the state bar first elected shall be for one and two years respectively, and of the two members first elected by the senator and representatives in the Alabama legislature from Jefferson county shall be for three and four years respectively, and the term of the circuit judge elected by the circuit judges shall be for five years; the length of such terms of office of the members of such commission being indicated by the respective electing bodies. The terms of the initial members of such commission shall begin on January 16, 1951. A vacancy in the office of a member of such commission shall be filled for the unexpired term in the same manner as such member was originally chosen.
The probate judge of Jefferson county shall record all such certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his receipt and recordation of every such certificate, he shall send to the governor a certified copy of every such certificate.
No member of such commission shall be eligible to succeed himself as such member or for nomination to the governor for appointment as judge of such circuit court during the term of office for which such member shall have been selected.
The members of such commission shall not receive any salary or other compensation for their services as such members. No member of such commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of such commission shall hold any official position in any political party.
If, subsequent to January 15, 1951, a vacancy occurs in the office of judge of the circuit court holding at Birmingham, such commission shall nominate to the governor three persons having the qualifications for such office. Such nomination shall be made only by the concurrence of a majority of the members of such commission. The governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for such office. The appointee shall hold such office until the next general election for any state officer held at least six months after the vacancy occurs and until his successor is elected and qualified; the successor shall hold office for the unexpired term and until his successor is elected and qualified.
This amendment shall be self-executing.
§37-2.21 | JUDICIAL COMMISSION; JUDGE OF CIRCUIT COURT; JEFFERSON COUNTY
§37-2.22 | ADDITIONAL PROBATE JUDGE
The existing probate judgeship in Jefferson county shall be designated judgeship No. 1. The present judge shall fill judgeship No. 1 and shall be the presiding judge. Candidates for the offices of probate judge in Jefferson county shall designate whether they are candidates for the office of the presiding judgeship which shall be designated probate judgeship No. 1 or for the office of probate judgeship No. 2.
The probate judge appointed or elected for probate judgeship No. 2 shall have and exercise all the jurisdiction, power, right and authority; he shall possess all of the qualifications, perform all of the duties required; and he shall be subject to all the pains and penalties of such office as any other such judge is subject to in Jefferson county.
The expense allowances and supplements of judgeship No. 2 shall be paid in the same manner and shall be in the same amount as that of the presiding probate judge in the county. The salary of judgeship No. 2 shall be in an amount equal to 95 percent of the salary of the presiding judge in the county.
The presiding judge of the probate court in Jefferson county shall have precedence and preside at any session of court which he attends. The presiding judge shall divide the work and business of the probate court among the judges and other employees of the court and shall assign the cases to the judges of said court. The presiding judge shall employ and appoint any and all clerks, clerical help and other assistants and court officers of the probate court allowed by law. The administrative powers and duties of the probate judges and the probate court shall be under the general authority, supervision and direction of the presiding judge. Whenever the probate judges cannot agree upon any administrative matter, the presiding judge shall decide and determine such administrative matter for said judges and the court.
§37-2.40 | INFERIOR; JURISDICTION
§37-3.00 | BONDS; SEWERS
Before issuing any bonds or levying or collecting any such sewer service charges or rentals, the proposal shall first be submitted to and approved by a majority of the voters of the county voting at an election to be called by the governing body thereof. Notice of such election shall be given by publication once a week for four successive weeks immediately prior to such election in a newspaper published and of general circulation in Jefferson county. Such notice and the ballot shall set forth the purpose for which the bonds are proposed to be issued, the estimated cost of the proposed undertaking, the amount of bonds to be issued, the serial maturities thereof, and the maximum rate of interest such bonds are to bear, and a recital that the proposal includes the levying of sewer service charges or rentals to be secured by liens upon the property served. Such elections shall in all respects not herein otherwise provided be conducted and the results thereof ascertained and declared in accordance with the law then in force relating to county bond elections. If at any such election a majority of the voters vote in favor of the proposed undertaking and the bonds, the bonds so voted may be issued at one time or from time to time as the governing body of the county shall deem advisable.
With the prior approval of the governing body of any incorporated municipality therein, Jefferson county may take over, own, possess, control, expand, improve, maintain and operate any sewers or sewerage treatment or disposal plants of such incorporated municipality or, if such incorporated municipality has no sewers, Jefferson county may construct sewers therein. Such sewers and plants shall thereupon become a part of a combined and consolidated sewer system for Jefferson county.
The governing body of Jefferson county shall have full power and authority to manage, operate, control and administer the sewers and plants herein provided for and, to that end, may make any reasonable and nondiscriminatory rules and regulations fixing rates and charges, providing for the payment, collection and enforcement thereof, and the protection of its property. Liens for sewer rentals or service charges shall be foreclosed in such manner as may be provided by law for foreclosing municipal assessments for public improvements. This amendment is self-executing.
The authority to issue bonds shall cease December 31, 1958. The authority to levy and collect sewer charges and rentals shall be limited to such charges as will pay the principal of and interest on the bonds and the reasonable expense of extending, improving, operating and maintaining said sewers and plants; and when the bonds shall have been paid off, service charges and rentals shall be accordingly reduced, it being the intent and purpose of this amendment that the expenses of needed improvements and extensions and maintenance and operation of the sewers and sewerage treatment and disposal plants and no other expenditures shall be paid from such service charges and rentals.
§37-3.01 | BONDS; CIVIC CENTERS
No tax levied by the state or any municipality or county of the state shall apply to any such corporation, unless such tax applies to the county and the city wherein the corporation is located. The word “tax” as herein used, shall include any ad valorem tax, or other direct tax, and any excise, privilege or license tax.
The following are hereby in all things validated and confirmed, any provision or provisions of the Constitution of Alabama of 1901 to the contrary notwithstanding: Acts numbered 524 [p. 767], 525 [p. 776] and 547 [p. 798] enacted at the 1965 regular session of the legislature of Alabama; Act No. 114 [p. 153] enacted at the second special session of 1965 of the legislature of Alabama; and all corporations established by said Act No. 547, as well as all acts done under the authority of any of said acts, including (without limitation) the acquisition of property, the making of contracts and the incurring of obligations and liabilities. Further, that certain bill introduced in the Alabama house of representatives on August 3, 1967 as House Bill 823, as said bill was finally enacted into law, is hereby validated and confirmed, any provision of the Constitution of 1901 to the contrary notwithstanding; provided that said bill (or a substitute therefor) is enacted by the legislature of Alabama and is approved by the governor (or becomes law without such approval).
§37-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§37-7.00 | OPERATION OF BINGO BY NONPROFITS
(b) No bingo license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 24 months immediately prior to the issuance of the license;
(c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;
(d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;
(e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;
(f) Prizes given by any nonprofit organization for the playing of bingo games in Jefferson County shall not exceed the amounts set by local law;
(g) No person or organization, by whatever name or composition thereof, shall take any salary, expense money, or fees as remuneration for services rendered in the operation of any bingo game.
§37-9.20 | PROSTITUTION
(b) For the purpose of this constitutional amendment, the term “prostitution” shall mean the commission by a person of any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of value.
(c) No person in the portion of the county outside the corporate limits of a city shall commit an act of prostitution as defined in subsection (b).
(d) No person shall solicit, compel, or coerce any person to have sexual intercourse or participate in any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of value.
(e) No person shall agree to engage in sexual intercourse, deviate sexual intercourse, or sexual contact with another or participate in the act for monetary consideration or other thing of value and give or accept monetary consideration or other thing of value in furtherance of the agreement.
(f) No person shall knowingly do any of the following:
(2) Procure or solicit patrons for prostitution.
(3) Provide persons or premises for prostitution purposes.
(4) Receive or accept money or other thing of value pursuant to a prior agreement with any person whereby he or she participates or is to participate in the proceeds of any prostitution activity.
(5) Operate or assist in the operation of a house of prostitution or a prostitution enterprise.
(2) Carry any note or message to or from a person, a guest, or occupant of the place.
(i) Each violation is a Class A misdemeanor.
§37-10.00 | REAL ESTATE LICENSES TAXES
b. Effective January 1, following the ratification of this amendment and each year thereafter, in addition to the taxes, if any, imposed under a. above, every corporation, firm, broker, agent or other person or entity engaged in the business of buying, selling, managing, leasing or renting of real estate on commission in Jefferson County shall pay an annual business license tax at a rate to be set by the legislature for the privilege of engaging in such business in every other city or town in Jefferson County. Such tax shall be collected by the Revenue Director of Jefferson County and shall be distributed by the Revenue Director of Jefferson County to each city or town within Jefferson County on a pro rata basis based on population. The Revenue Director of Jefferson County shall be entitled to an administrative fee for administering this tax at a rate to be set by the legislature; such fee to be added to the license tax collected hereunder.
c. Effective January 1, following the ratification of this amendment and each year thereafter, except for the licenses permitted or mandated under a. and b. above, no other privilege license tax shall be imposed under Sections 11–51–90 and 11–51–91 of the Code of Alabama 1975, by any city or town within Jefferson County on corporations, firms, brokers, agents or other persons or entities engaged in the business of buying, selling, managing, leasing or renting of real estate on commission in Jefferson County.
§37-10.01 | HOMESTEAD EXEMPTION
§37-10.02 | SENIOR CITIZEN PROPERTY TAX EXEMPTION
(b) The following provisions shall apply to the person claiming the senior property tax exemption:
(2) The property shall continue to be subject to any millage rate changes on the property.
(3) The assessed value of any additions to the property after claiming the senior property tax exemption shall be added to the assessed value of the property and subject to ad valorem tax based on the increase in the assessed value of the addition after the taxpayer claims the senior property tax exemption.
§37-10.20 | TAX FOR EDUCATIONAL PURPOSES
§37-10.21 | SPECIAL DISTRICT TAX FOR EDUCATIONAL PURPOSES
§37-11.00 | SERVICE DISTRICTS
2. The county governing body may provide for the formation of service districts in Jefferson county for any of the following purposes: to establish and maintain a system to fight or prevent fires and to furnish medical rescue services; to establish and maintain a system to collect and dispose of garbage and trash; and to provide park and recreational facilities; provided, however, that no territory lying within the limits of a municipal corporation at the time of the establishment of any such district shall be included within such district; and provided, further, that no such district shall be established unless the establishment thereof has been first approved by the qualified electors residing within the proposed district at an election held as provided for by laws heretofore or hereafter adopted by the legislature, or as provided for by ordinances hereafter adopted by the county governing body.
A district may be established for any one or more of the foregoing purposes. The county governing body shall provide by ordinance for submitting to the qualified electors within the proposed district the question of whether the district shall be created for one or more of such purposes.
3. The district expenses shall be paid for by the proceeds of service charges or property taxes for which paragraphs 4 and 5, below, provide or by a combination of such proceeds; provided, however, that any funds received from the federal or state government may be used to pay such expenses.
4. Subject to the conditions stated in paragraph 6, below, the governing body of a district may by resolution levy service charges to pay the expenses of the district.
Said service charges shall be levied upon and collected from the persons for whom and the property for which the services and facilities are provided or made available; and such charges shall be a personal obligation of the occupant of such property and shall also be a lien upon such property, enforceable by the sale thereof.
5. Subject to the conditions stated in paragraph 6, below, the county governing body may by ordinance levy a tax on all taxable property in any district in addition to any other tax authorized by law, to pay the expenses of the district.
The taxes levied under this paragraph 5 shall be subject to the laws of the state providing for the following: the time for the levy and the payment of such taxes; the place of the payment of such taxes; the interest and penalties payable on such taxes not paid when due; the lien for the taxes; and the remedies for collection of such taxes unpaid.
6. No service charge or tax provided for by this amendment shall become effective unless before the creation of the district involved such service charge or tax shall have been approved at an election in the territory proposed to be established as a district held at the time of the election on establishing the proposed district or unless after the establishment of the district the following shall have occurred:
(2) Thirty (30) days shall have elapsed since the publication of such resolution or ordinance; and
(3) One of these two events, called Event A and Event B, shall have occurred: Event A: Thirty days following the said publication shall have passed without any petition for an election being filed under the ordinance paragraph 7, below, requires; Event B: At an election called under said ordinance the proposed service charge or tax shall have been approved.
8. The provisions of this paragraph 8 shall be subject to the conditions and limitations of paragraph 11, below. The county governing body by ordinance may provide for the enlargement of a district by the addition of territory thereto, subject to the following conditions: (1) No territory lying within a municipal corporation at the time of such enlargement shall be added to a district; (2) subject to (3), next below, no territory shall be added unless the qualified electors thereof have approved the addition of such territory to the district; (3) the county governing body may provide a procedure whereby territory will be included in a district upon the written petition for its inclusion signed by at least seventy percent (70%) of the qualified electors residing within said territory.
9. The provisions of this paragraph 9 shall be subject to the conditions and limitations of paragraph 11, below. The county governing body shall enact ordinances providing for the administration of the affairs of the district by the county governing body, the governing body of the district, or by any agency of the county and empowering the body administering the affairs of the district to levy and collect service charges provided for in paragraph 4, above, and the county governing body to levy the taxes provided for in paragraph 5, above, subject to the restrictions and conditions imposed by this amendment and such additional restrictions and conditions as the county governing body, by ordinance, may impose.
10. The county governing body, by ordinance, may provide for the issuance of bonds for such districts with or without an election; provided, however, that all bonds issued hereunder shall be payable only out of the proceeds of the service charges and taxes authorized hereby, and no such bond shall be a general obligation of the county.
11. The legislature may, from time to time, adopt laws governing service districts, including laws repealing any ordinance of the county governing body inconsistent with any law enacted by the legislature prior to the adoption of this amendment. If there is any inconsistency between any law enacted by the legislature after adoption of this amendment and any ordinance adopted by the county governing body, the law shall prevail over such ordinance. In order for a law enacted subsequent to the adoption of this amendment to prevail over any ordinance in conflict with such law, repeal of such ordinance shall not be necessary, but such repeal of the conflicting ordinance shall be permissible.
§37-11.20 | SEWER SERVICE
§37-11.40 | LIEN FOR FAILURE TO PAY FEE
§38-2.00 | WEST ALABAMA CHILDREN’S ADVOCACY CENTER
Section II. The clerk of the respective court shall collect the fee in the same manner as other costs in the court and shall remit the fee to the West Alabama Children’s Advocacy Center on a monthly basis to be used by the center for abuse victims in the circuit.
Section III. If the boundaries of the 24th Judicial Circuit change, the filing fee imposed by this amendment shall remain in effect for the Counties of Fayette, Lamar, and Pickens, unless altered by a subsequent amendment to this constitution.
§38-2.01 | DRUG ENFORCEMENT FEE
Section 1.
In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Lamar County, a docket fee, hereinafter referred to as a drug enforcement fee, shall be assessed in each case. The drug enforcement fee shall be in an amount equal to ten dollars ($10) in each non-drug case; sixty dollars ($60) in each misdemeanor drug case; and eighty-five dollars ($85) in each felony drug case. The drug enforcement fee, when collected, shall be distributed monthly as follows: Three dollars ($3) of the fees assessed in each case shall be retained by the clerk of the court as an administrative fee and the remainder to the Drug Enforcement Fund established by the district attorney in the county or to the fund that may hereafter be prescribed by law for the drug enforcement fee.Section 2.
The drug enforcement fee shall be collected as prescribed hereinabove in all cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest, or in any other case where court costs are assessed, whether a defendant is adjudged guilty or not. The drug enforcement fee shall be in addition to and not in lieu of any other fees or costs, and shall not be waived or remitted unless all other costs and charges of court are waived.Section 3.
The district attorney for the Twenty-fourth Judicial Circuit shall establish a separate fund to be called the Lamar County Drug Enforcement Fund. All sums deposited into the fund pursuant to this amendment may be expended by the district attorney for the support of the drug task force that serves the Twenty–Fourth Judicial Circuit, including, but not limited to, the payment of any and all expenses incurred by the drug task force, and the payment of any matching monies required under the terms of any grant that may be awarded by any governmental or other entity for the support of the drug task force, the payment or supplementing of salaries for personnel of the drug task force, or for any other law enforcement purpose.Section 4.
The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Lamar County and provide for their distribution. Any local law authorizing the levy of additional court costs in Lamar County enacted prior to the effective date of this amendment is ratified and confirmed.§38-2.20 | JUDGE OF PROBATE COMPENSATION
§38-4.00 | LAMAR COUNTY MUNICIPALITIES
2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Lamar county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Lamar county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.
This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
§38-8.00 | CONSTABLE OFFICE ABOLISHED
§38-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§38-8.21 | RETIREMENT OF SUPERNUMERARY OFFICES
§38-10.20 | ADDITIONAL TAX FOR EDUCATIONAL PURPOSES
Section 1.
The court of county commissioners, board of revenue, or other like governing body of Lamar county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in Sections 269.01 through 269.03 with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.Section 2.
If this amendment is approved and a majority of the qualified electors of Lamar county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter for a period of 20 years without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.§38-11.00 | WATER COORDINATING AND FIRE PREVENTION AUTHORITY
§39-2.00 | GENERAL AUTHORITY
§39-3.00 | FORM OF GOVERNMENT
§39-8.00 | CERTAIN PUBLIC OFFICIALS
§39-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§39-9.00 | DEFENSE OF PERSON ON CHURCH PREMISES
(b) The following definitions are applicable to this amendment:
Church
(1). A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.Deadly physical force
(2). Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.Force
(3). Physical action or threat against another, including confinement.Premises
(4). The term includes any building, as defined in this section, and any real property.(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.
(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A–3–21, Code of Alabama 1975.
(f)
(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.
(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.
§39-10.00 | CONSOLIDATION OF OFFICES; REVENUE COMMISSIONER
If this amendment is passed by a majority of the qualified electors of the state and of said county who vote thereon when it is submitted, then any law theretofore passed which combines the offices of tax assessor and tax collector in said county shall become effective. If this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect.
§39-10.20 | SPECIAL PROPERTY TAX FOR EDUCATIONAL PURPOSES
If any proposal to levy a tax hereunder is defeated in any election, subsequent elections may be held at intervals of not less than two years.
This amendment shall be self-executing.
§39-10.21 | ADDITIONAL TAX FOR EDUCATIONAL PURPOSES
The county board of education of Lauderdale county may from time to time, without the necessity of any election, change the boundaries of any local school tax district at any time existing in the county, or consolidate any two or more school districts therein, if the taxes authorized to be levied for public school purposes in all of the territory in such district after such change of boundaries or consolidation is effected shall be at the same aggregate rate and for the same duration of time; provided, that nothing contained herein shall be construed to impair or permit the impairment of the obligation of any contract created with respect to any securities theretofore issued with respect to any school district. The provisions of the preceding sentence shall not be deemed to abridge any existing power conferred on the said county board of education by any existing law, but shall be in addition thereto.
§39-11.00 | ELK RIVER WATERSHED
§40-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§40-3.00 | COURTHOUSE
§40-4.00 | LAWRENCE COUNTY AND MUNICIPALITIES THEREIN
2. To lease, sell for cash or on credit, exchange or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.
7. To levy and collect, in addition to all other taxes now authorized or permitted, a special county or municipal privilege license tax or taxes of not exceeding one percent paralleling the state sales and use taxes imposed by chapter 20 of Title 51, Code of Alabama 1940 as amended.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of Lawrence county or any municipality may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body and all powers and authority conferred in this amendment upon the county and municipalities.
This amendment shall be self-executing; but the legislature shall have the power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
§40-4.01 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§40-4.20 | INDUSTRIAL DEVELOPMENT BOARD
§40-5.00 | ESTABLISHED; COURTLAND
§40-5.01 | AUTHORIZED TO BE ESTABLISHED
§40-6.00 | PROHIBITION AGAINST USE OF CERTAIN BIOSOLIDS
§40-6.01 | USE OF FUNDS FROM OPERATION OF LANDFILLS
§40-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§40-10.00 | OCCUPATIONAL TAX PROHIBITED
Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Lawrence County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11–51–90, 11–51–91, 11–51–92, and 11–51–93, Code of Alabama 1975.
§40-10.20 | ELECTIONS IN CERTAIN DISTRICTS
§40-10.21 | ADDITIONAL ELECTIONS IN CERTAIN DISTRICTS
§40-10.22 | ELECTIONS IN ALL DISTRICTS
The county board of education of Lawrence county may from time to time, without the necessity of any election, change the boundaries of any school district at any time existing in the county, or consolidate any two or more school districts therein, if the taxes authorized to be levied for public school purposes in all of the territory in such district after such change of boundaries or consolidation is effected shall be at the same aggregate rate and for the same duration of time; provided, that nothing contained herein shall be construed to impair or permit the impairment of the obligation of any contract created with respect to any securities theretofore issued with respect to any such school district. The provisions of the preceding sentence shall not be deemed to abridge any existing power conferred on the said county board of education by any existing law, but shall be in addition thereto.
§40-10.40 | SPECIAL PROPERTY TAX FOR GENERAL HEALTH PURPOSES IN SEVERAL COUNTIES
The county tax collector of each of such counties shall collect the tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep the proceeds of this tax separate and apart from all other funds, and shall keep clear accounts thereof. The tax collector shall distribute the proceeds of this special tax in the manner prescribed by the governing body of the county and the revenue derived from the tax levied hereunder shall be used for general health purposes in the county where levied or in cooperation with the other two counties named above.
§40-11.00 | IMPOSITION OF CERTAIN MUNICIPAL ORDINANCES OR REGULATIONS
§41-2.00 | VALIDATION OF PRIOR
§41-2.01 | GENERAL AUTHORITY
§41-4.00 | LEE COUNTY AND THE CITY OF OPELIKA
In carrying out the purposes of this amendment, neither Lee County nor the City of Opelika shall be subject to Sections 93 or 94 of this Constitution. Each public corporation heretofore created by Lee County or by the City of Opelika, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title 11 of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title 11 of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.
Neither Lee County nor the City of Opelika shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Lee County or the City of Opelika is approved at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the City of Opelika, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Lee County or the City of Opelika.
§41-8.00 | CERTAIN PUBLIC OFFICIALS
§41-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
A person who, on the effective date of this amendment, is serving as a supernumerary official in Lee County, or has made an election to become a supernumerary official, or is making contributions to a supernumerary program, or is otherwise entitled to participate in the supernumerary program established by statute may continue to serve or participate in the supernumerary program, which shall include the assumption of a supernumerary office after the effective date of this amendment, according to the terms and conditions of the law which established the supernumerary program, notwithstanding the fact that the person may be reelected after the effective date of this amendment to the public office he or she is holding on the effective date of this amendment or to another office covered by the supernumerary program in which he or she is participating. No person may participate in both a supernumerary program and the Employees’ Retirement System based on the same service.
§41-9.00 | CRIMINAL PENALTIES
§41-10.20 | TAX FOR EDUCATIONAL PURPOSES IN LEE COUNTY AND CITY OF OPELIKA
The city of Opelika shall likewise have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property situated within the corporate limits of the city, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on property situated within the corporate limits of Opelika shall be ordered and held in the same manner as provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds. The additional tax, authorized by this amendment to be levied on property situated within the corporate limits of Opelika, shall be collected in the same manner and under the same requirements and laws as other taxes levied on property by the city of Opelika are collected, and the revenues derived from this tax shall be used solely for school construction and other educational purposes within the limits of the city of Opelika.
If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at any time.
Nothing contained in this amendment shall be construed to authorize the levy and collection of an additional tax on property situated within the corporate limits of the city of Auburn.
This amendment shall be self-executing.
§41-10.21 | ADDITIONAL SPECIAL SCHOOL DISTRICT TAX
Nothing contained in this amendment shall be construed to authorize the levy of an additional tax on any property within the corporate limits of either the city of Auburn or the city of Opelika.
§41-10.40 | JUVENILES
If a majority of the qualified electors of Lee county who participate in the election held on the adoption of this amendment vote in favor thereof, the governing body of Lee county must levy and collect the special tax as herein authorized at the maximum rate specified for each of thetax years next ensuing.
If a majority of the qualified electors of Lee county voting on this amendment vote against its adoption, the governing body of Lee county may thereafter from time to time call other elections on the question of levying the special tax as herein authorized and must call such an election within three months after receipt by the said county governing body of a petition signed by not less than five percent of the qualified electors of Lee county. After the special tax herein authorized shall have been levied for a period ofyears, the governing body of Lee county shall, on petition signed by not less than five percent of the qualified electors of the county, call an election on the question of discontinuance of the tax. If a majority of the electors voting upon the question shall vote in favor of discontinuance of the tax then the special tax shall be discontinued at the end of the tax year following the election. Such elections shall be called, held, conducted and canvassed in such manner as the governing board of Lee County shall provide.
The county governing body and any city or town of Lee county may from time to time appropriate county or municipal funds, as the case may be, for the same purposes for which the additional taxes hereby authorized may be levied.
§41-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
The county commission of Lee county shall, at its next meeting after passage and approval of this amendment, appoint a committee consisting of the chief of each volunteer fire department within the county. The purpose of this committee will be to keep the commission informed and advised as to the status and needs of the departments and to assist the commission in the setting of priorities regarding fire protection and services.
The county commission may, in its discretion, authorize the expenditure of public funds in support of any fire district.
The Lee county commission may, upon recommendation of this committee, appoint a county fire marshal whose principle [principal] duty shall be the coordination of all fire protection within the county. This fire marshal shall perform such other tasks related to fire protection as may from time to time be assigned to him by the county commission.
This amendment is not intended nor shall it be construed to limit the authority or scope of the volunteer fire departments within Lee county or their operation within said county.
§41-11.01 | FIRE PROTECTION PURPOSES
The proceeds of any financial charge or assessment levied and collected pursuant to the provisions of this amendment shall be expended solely for payment of expenses of (i) providing fire protection services and facilities within the district in which such financial charge or assessment is so levied and collected (either directly or indirectly, as the legislature may specify), but otherwise in accordance with Section 41–11.00, and (ii) levying and collecting such financial charge or assessment. Any such financial charge or assessment may, any provision of the Constitution to the contrary notwithstanding, be levied upon and with respect to any property within the boundaries of the district in question regardless of whether such property is otherwise exempt from property taxation (on an ad valorem basis or otherwise).
The legislature shall, any provision of the Constitution to the contrary notwithstanding (including specifically, but without limiting the generality of the foregoing, Section 105), have the power, by general, special or local law, to provide for the implementation of the provisions of this amendment and otherwise to enact laws in furtherance of the purposes hereof and Section 41–11.00. Any such law enacted at the session of the legislature at which this amendment is proposed shall be and hereby is ratified, approved, validated and confirmed in all respects notwithstanding that notice of intention to apply therefor was not published as specified in Section 106 of the Constitution, as amended, provided that (1) notice of intention to apply therefor and stating the substance thereof shall have been published one time in a newspaper published in Lee county, and (2) such law by its terms becomes effective only upon the ratification of this amendment. Furthermore, Section 41–11.00 shall be and hereby is ratified, approved, validated and confirmed in all respects.
The provisions of this amendment shall not, except to the extent expressly provided herein, be construed as self-executing, it being understood that no financial charge or assessment shall be levied hereunder and no election with respect thereto shall be held hereunder unless and until the legislature, by general, special or local law, shall have (a) specified the rate or rates (or maximum rate) at which, and the period or periods (or maximum period) for which, any such financial charge or assessment may be levied, as well as the basis for any such financial charge or assessment, and (b) provided for elections to be held under or pursuant to the provisions of this amendment.
§41-11.20 | LEE COUNTY MUNICIPALITIES
(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Lee County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.
(c) The provisions of this amendment restricting the planning and zoning authority of any municipality affected by the amendment shall expire on June 30, 1997.
§42-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§42-2.01 | COUNTY JAIL
§42-3.00 | POWERS OF COUNTY COMMISSION
§42-6.00 | CONTROL OF MALARIA
§42-7.00 | OPERATION OF BINGO BY NONPROFITS
(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least three years in the county immediately prior to the issuance of the permit or license.
(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games.
(4) No nonprofit organization shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization shall pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.
(5) A nonprofit organization shall not lend its name or allow its identity to be used by another person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.
(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value set by the Legislature by local law during any bingo session during any calendar week.
(7) No person or organization, by whatever name or composition thereof, shall take any expense for the operation of a bingo game except as permitted by law.
§42-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§42-9.00 | DEFENSE OF PERSON ON CHURCH PREMISES
(b) The following definitions are applicable to this amendment:
Church
(1). A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.Deadly physical force
(2). Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.Force
(3). Physical action or threat against another, including confinement.Premises
(4). The term includes any building, as defined in this section, and any real property.(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.
(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A–3–21, Code of Alabama 1975.
(f)
(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.
(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.
§42-10.00 | OCCUPATIONAL TAX PROHIBITED
Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Limestone County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11–51–90, 11–51–91, 11–51–92, and 11–51–93, Code of Alabama 1975.
§42-10.20 | SPECIAL PROPERTY TAX FOR GENERAL HEALTH PURPOSES IN SEVERAL COUNTIES
The county tax collector of each of such counties shall collect the tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep the proceeds of this tax separate and apart from all other funds, and shall keep clear accounts thereof. The tax collector shall distribute the proceeds of this special tax in the manner prescribed by the governing body of the county and the revenue derived from the tax levied hereunder shall be used for general health purposes in the county where levied or in cooperation with the other two counties named above.
§42-10.40 | SALES AND USE TAX FOR EDUCATIONAL PURPOSES
Section 1.
There is hereby levied, in addition to all other taxes of every kind now imposed by law, and shall be collected as herein provided, a privilege or license tax against the person on account of the business activities and in the amount to be determined by the application of rates against gross sales, or gross receipts, as the case may be, as follows:(b) Upon every person, firm or corporation engaged, or continuing within Limestone County, the business of conducting, or operating, places of amusement or entertainment, billiard and pool rooms, bowling alleys, amusement devices, musical devices, theaters, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games, (including athletic contests conducted by or under the auspices of any educational institution within Limestone County, or any athletic association thereof or other association whether such institution or association be a denominational, a state, or county, or a municipal institution or association or a state, county, or city school, or other institution, association or school), skating rinks, race tracks, golf courses, or any other place at which any exhibition, display, amusement or entertainment is offered to the public or place or places where an admission fee is charged, including public bathing places, public dance halls of every kind and description with Limestone County, an amount equal to one percent (1%) of the gross receipts of any such business. Provided, however, not withstanding any language to the contrary in the prior portion of this subsection, the tax provisions so specified shall not apply to any athletic event conducted by a public primary or secondary school. The tax amount which would have been collected pursuant to this subsection shall continue to be collected by said public primary or secondary school but shall be retained by the school which collected it and shall be used by said school for school purposes.
(c) Upon every person, firm or corporation engaged or continuing within Limestone County in the business of selling at retail machines used in mining, quarrying, compounding, processing and manufacturing of tangible personal property, an amount equal to one-half percent (%) of the gross proceeds of the sale of such machines; provided, that the term “machines,” as herein used, shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property, and the parts of such machines, attachments and replacements therefore which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used.
(d) Upon every person, firm or corporation engaged or continuing within Limestone County in the business of selling at retail any automotive vehicle or truck trailer, semi-trailer, house trailer or mobile home set-up materials and supplies including but not limited to steps, blocks, anchoring, cable pipes and any other materials pertaining thereto an amount equal to one-half percent (%) of the gross proceeds of sale of said automotive vehicle, truck trailer, semi-trailer, house trailer or mobile home set-up materials and supplies, provided, however, where a person subject to the tax provided for in this subsection withdraws from his stock in trade any automotive vehicle or truck trailer, semi-trailer or house trailer for use by him or by his employee or agent in the operation of such business, there shall be paid, in lieu of the tax levied herein, a fee of $0.00 per year or part thereof during which such automotive vehicle, truck trailer, semi-trailer, or house trailer shall remain the property of such person. Each such year or part thereof shall begin with the day or anniversary date, as the case may be, of such withdrawal and shall run for the twelve succeeding months or part thereof during which such automotive vehicle, truck trailer, or house trailer shall remain the property of such person.
Where any used automobile vehicle or truck trailer, semi-trailer or house trailer is taken in trade or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.
(e) Upon every person, firm or corporation engaged or continuing within Limestone County in the business of selling at retail any machine, machinery or equipment which is used in planting, cultivating and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock or poultry on farms, and the parts of such machines, machinery or equipment, attachments and replacements therefore which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery or equipment, an amount equal to one-half percent (%) of the gross proceeds of the sale thereof. Provided, however, the one-half percent (%) rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities.
Where any used machine, machinery or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery or equipment sold, less the credit for the used machine, machinery or equipment taken in trade.
(f) Upon every person, firm or corporation engaged or continuing within Limestone County in the business of selling through coin-operated dispensing machines, food and food products for human consumption, not including beverages other than coffee, milk, milk products and substitutes therefore, there is hereby levied a tax equal to one percent (1%) of the cost of such food, food products and beverages sold through such machines, which cost for the purpose of this subsection shall be the gross proceeds of sales of such business.
Section 2.
(b) An excise tax is hereby imposed on the storage, use or other consumption in Limestone County of any machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property purchased at retail on or after the effective date of this amendment at the rate of one half percent (%) of the sales price of any such machine; provided, that the term “machine” as herein used, shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property, and the parts of such machines, attachments and replacements therefore, which are made or manufactured for used on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used.
(c) An excise tax is hereby imposed on the storage, use or other consumption in Limestone County of any automotive vehicle or truck trailer, semi-trailer, house trailer or mobile home set-up materials and supplies including but not limited to steps, blocks, anchoring, cable pipes and any other materials pertaining thereto purchased at retail on or after the effective date of this amendment for storage, use or other consumption in Limestone County at the rate of one half percent (%) of the sales price of such automotive vehicle, truck trailer, semi-trailer, house trailer or mobile home set-up materials and supplies. Where any used automotive vehicle, truck trailer, semi-trailer or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.
(d) An excise tax is hereby levied and imposed on the storage, use or other consumption in Limestone County of any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery, or equipment, attachments and replacements therefore which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery, or equipment, which is purchased at retail after the effective date of this amendment, for the storage, use or other consumption in Limestone County at the rate of one half percent (%) of the sales price of such property; regardless of whether the retailer is or is not engaged in the business in this County. Provided, however, the one half percent (%) rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities. Where any used machine, machinery or equipment which is used in planting, cultivating, and harvesting farm products or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade.
Section 3.
The tax shall be collected by the State Department of Revenue at the same time and in the same manner as state sales and use taxes are collected. On or prior to the date the tax is due, each person subject to the tax shall file with the department a report in the form prescribed by the department. The report shall set forth, with respect to all sales and business transactions that are required to be used as a measure of the tax levied, a correct statement of the gross proceeds of all the sales and gross receipts of all business transactions. The report shall also include items of information pertinent to the tax as the department may require. Any person subject to the tax levied by this act may defer reporting credit sales until after their collection, and in the event the person defers reporting them, the person shall thereafter include in each monthly report all credit collections made during the preceding month, and shall pay the tax due at the time of filing the report. All reports filed with the department under this section shall be available for inspection by the county commission, or its designee.Section 4.
Each person engaging or continuing in a business subject to the tax levied by this amendment, shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer because of the sale or admission. It shall be unlawful for any person subject to the tax to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or person paying the admission fee the amount required to be added to the sale or admission price. It shall be unlawful for any person subject to the tax levied to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption or refund of any portion of the tax.Section 5.
The tax shall constitute a debt due Limestone County. The tax, together with any interest and penalties, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. The department shall collect the tax, enforce this amendment, and have and exercise all rights and remedies that the state or the department has for collection of the state sales and use tax. The department may employ special counsel as is necessary to enforce collection of the tax levied by this amendment and to enforce this amendment. The department shall pay the special counsel any fees it deems necessary and proper from the proceeds of the tax collected by it for Limestone County.Section 6.
All provisions of the state sales and use tax statutes with respect to the payment, assessment, and collection of the state sales and use tax, making of reports, keeping and preserving records, penalties for failure to pay the tax, promulgating rules and regulations with respect to the state sales and use tax, and the administration and enforcement of the state sales and use tax statutes which are not inconsistent with this amendment shall apply to the tax levied herein. The state Commissioner of Revenue and the department shall have and exercise the same powers, duties, and obligations with respect to the tax levied under this amendment that are imposed on the commissioner and department by the state sales and use tax statutes. All provisions of the state sales and use tax statutes that are made applicable by this amendment to the tax levied under this amendment, and to the administration and enforcement of this amendment, are incorporated by reference and made a part of this act as if fully set forth herein.Section 7.
The department shall charge Limestone County for collecting the tax levied under this act in an amount or percentage of total collections as may be agreed upon by the commissioner and the Limestone County Commission. The charge shall not exceed five percent of the total amount of the tax collected in the county. The charge may be deducted each month from the gross revenues from the tax before certification of the amount of the proceeds due Limestone County for that month. The Commissioner of Revenue shall pay into the State Treasury all amounts collected under this act, as the tax is received by the department on or before the first day of each successive month. The commissioner shall certify to the State Comptroller the amount collected and paid into the State Treasury for the benefit of Limestone County during the month immediately preceding the certification. The State Comptroller shall issue a warrant each month payable to the County Treasurer of Limestone County in an amount equal to the certified amount which shall be paid into the county general fund to be divided between the Athens City Board of Education and the Limestone County Board of Education based on the average daily attendance of the two school systems.Section 8.
Effective date of this tax should be the first day of the second month following approval by the qualified electors of Limestone County.§42-11.00 | ELK RIVER WATERSHED
§42-11.20 | CREATION OF DISTRICTS; COLLECTION OF FEES
The governing body may name a fire marshal for Limestone county, whose principal duty shall be the coordination of fire protection within the county including all fire departments and fire stations, either in the district or county, and their full-time and part-time employees. Upon the request of the county governing body the fire marshal shall submit a budget for the county fire department and shall perform such other tasks related to fire protection as may, from time to time, be assigned to him by the county governing body.
The governing body is hereby authorized to fix a county fire protection tax, which tax shall become effective upon the approval of a majority of electors within any particular fire district or other area of the county where the tax is to be levied. The tax fixed by the governing body shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Limestone county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be paid into the county general fund and used in furtherance of fire protection within the affected area.
The county governing body is hereby authorized upon approval by resolution adopted by said governing body to adopt, amend and repeal regulations for the safeguarding of life and property from the hazards of fire and explosion in the county, which shall be known as the Limestone County Fire Protection Code. Such regulations shall have the force and effect of law and any violation thereof may, within the discretion of the county governing body, constitute a Class A misdemeanor, as defined in Act No. 607, S. 33 of the 1977 Regular Session (Acts 1977, p. 812), and upon conviction thereof may be punishable by a fine not exceeding $1,000 or imprisonment in the county jail, not to exceed one year, or both fine and imprisonment. Said code shall be effective in all unincorporated areas of the county and in those incorporated areas which choose to come under the provisions of this act.
The county governing body is hereby authorized to employ or to authorize the employment of a fire marshal, fire inspectors, firemen, secretarial and clerical employees and any other employees which it deems necessary to carry out the provisions of this act and it is further authorized to make such expenditures for salaries, equipment, property (whether real, personal or mixed), or other expenses related to fire protection which it deems necessary to carry out the provisions of this amendment.
The legislature may provide for or amend, from time to time, any laws pertaining to fire districts in Limestone county.
§42-11.40 | TERRITORIES OUTSIDE MUNICIPAL CORPORATE LIMITS; JURISDICTION
§42-11.41 | TERRITORIES OUTSIDE MUNICIPAL CORPORATE LIMITS; PLANNING OR ZONING
§43-2.00 | JUDGE OF PROBATE COMPENSATION
All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate of Lowndes county shall continue to be collected but shall be paid into the general fund of Lowndes county.
The county commission of Lowndes county shall provide the judge of probate with such office personnel, equipment and supplies as such county commission may consider necessary for the proper and efficient conduct of his office. Compensation of any personnel so provided shall be fixed by the county commission and shall be paid in equal monthly installments out of the general fund of Lowndes county.
§43-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§44-2.00 | COUNTY JAIL
(b) Any court costs and fees collected pursuant to this amendment that were deposited into the Macon County Road and Bridge Fund prior to the financing of the new county jail and were not pledged for the county jail, may be used by the Macon County Commission for roads and bridges.
§44-2.01 | GENERAL AUTHORITY
§44-3.00 | DANIEL CHAPPIE JAMES AEROSPACE MEMORIAL
The provisions of this amendment shall be self-executing.
§44-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§44-5.00 | ELECTION OF MEMBERSHIP
Section II. Members of the board shall be elected to serve six-year terms of office. Members holding office at the time of the ratification of this amendment shall continue in office and exercise the duties thereof until their respective terms expire. Upon the expiration of those terms, members shall be elected for six-year terms by election district and place number as follows:
(2) One of the two memberships expiring in 2012 shall be designated as Place 5. The member elected to serve in Place 5 shall be elected from the county at large.
(3) The membership expiring in 2008 shall be designated as Place 2. The member elected to serve in Place 2 shall be elected from the same election district as is provided for Place 2 on the Macon County Commission.
(4) One of the two memberships expiring in 2010 shall be designated as Place 3. The member elected to serve in Place 3 shall be elected from the same election district as is provided for Place 3 on the Macon County Commission.
(5) One of the two memberships expiring in 2010 shall be designated as Place 4. The member elected to serve in Place 4 shall be elected from the same election district as is provided for Place 4 on the Macon County Commission.
§44-7.00 | OPERATION OF BINGO BY NONPROFITS
(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least three years in the county immediately prior to the issuance of the permit or license.
(3) Bingo games may be operated on the premises owned or leased by the nonprofit organization operating the bingo game.
(4) A nonprofit organization may enter into a contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. A nonprofit organization may pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.
(5) A nonprofit organization may lend its name or allow its identity to be used by another person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.
(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value set by rule or regulation during any bingo session during any calendar week.
§44-8.00 | CERTAIN PUBLIC OFFICIALS
§44-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
(b) Beginning December 13, 2000, a Sheriff of Macon County may not participate in a supernumerary program, may participate in the Employees’ Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system, and shall be eligible to purchase service credit in the Employees’ Retirement System for the time he or she has served as sheriff. A Sheriff of Macon County holding office on or before the date of ratification of the amendment adding this subsection shall forego the assumption of a supernumerary office and shall make the election within one year after the ratification date of the amendment adding this subsection.
§44-10.20 | SPECIAL TAX FOR EDUCATIONAL PURPOSES
The tax authorized by this amendment shall not be levied in Macon county until it is approved by a vote of the electorate of said county or unless a majority of the qualified electors of Macon county who vote at the statewide election called for the submission of this amendment shall approve it.
§45-2.00 | GENERAL AUTHORITY
§45-2.20 | JUDICIAL COMMISSION
The Madison County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to such a vacancy. The commission shall be composed of nine members. The members of the commission shall be two persons who are members of the Alabama State Bar, one judge of the circuit court holding in Madison County, two members appointed by Members of the Alabama House of Representatives who represent Madison County, irrespective of whether such Members of the House of Representatives reside in Madison County, two members appointed by Members of the Alabama Senate who represent Madison County, irrespective of whether such Members of the Senate reside in Madison County, and two members appointed jointly by these Members of the House of Representatives and Members of the Senate.
All members of the commission shall reside in the territorial jurisdiction of the circuit court holding in Madison County.
The two members of the commission who are required to be members of the Alabama State Bar shall be elected by the members of such bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court holding in Madison County. The Executive Committee of the Madison County Bar Association or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of such members of the commission as are required to be members of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Madison County the names of the persons elected as members of the commission by these members of the bar.
The Members of the Alabama House of Representatives who represent Madison County, irrespective of whether these members reside in Madison County, shall make one initial appointment of a member of the commission immediately upon the adoption of the amendment adding this amendatory language and shall make the other initial appointment upon the first expiration of the term of office of a member previously appointed pursuant to this amendment by the Senators and Representatives in the Alabama Legislature residing in Madison County. These Members of the Alabama House of Representatives representing Madison County shall make all succeeding appointments to these two positions. These appointees shall not be members of the Alabama State Bar.
The Members of the Alabama Senate representing Madison County, irrespective of whether these members reside in Madison County, shall make one initial appointment of a member of the commission immediately upon the adoption of the amendment adding this amendatory language and shall make the other initial appointment upon the expiration of the term of office of the last member previously appointed pursuant to this amendment by the Senators and Representatives of the Alabama Legislature residing in Madison County. These Members of the Alabama Senate representing Madison County shall make all succeeding appointments to these two positions. These appointees shall not be members of the Alabama State Bar. The Members of the House of Representatives and Senate representing Madison County, irrespective of whether these members reside in Madison County, shall jointly make two initial appointments upon the adoption of the amendment adding this amendatory language. These Members of the House of Representatives and the Senate shall jointly make all succeeding appointments to these two positions. These appointees shall not be members of the Alabama State Bar.
These Members of the House of Representatives and Senate, respectively, shall certify in writing to the Judge of Probate of Madison County the names of persons appointed by them to the commission.
The judges of the circuit court holding in Madison County shall elect the member of the commission who is required to be a judge of the circuit court.
The judges of the circuit court shall certify in writing to the judge of probate the name of the circuit judge elected by the circuit judges as a member.
The terms of office of all members of the commission shall be six years. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen.
The Judge of Probate of Madison County shall record all such certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his or her receipt and recordation of every certificate, the judge of probate shall send to the Governor a certified copy of every certificate.
No member of the commission shall be eligible for nomination to the Governor for appointment as judge of the circuit court or the district court during the term of office of the commission member.
The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of the commission shall hold any official position in any political party.
If a vacancy occurs in the office of judge of the circuit court or the office of judge of the district court holding in Madison County, the commission shall nominate to the Governor three persons having the qualifications for the office. The names of all persons considered for nomination shall be available for review by the public and shall be deemed a public record. A nomination shall be made only by the concurrence of at least five members of the commission, which vote shall be conducted at a public meeting. The member of the commission elected by the judges of the circuit court holding in Madison County shall only vote on matters before the commission in instances when the vote by other commission members has resulted in a tie. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. If the Governor fails to make an appointment from the list within 30 days from the date it is presented to the Governor, the appointment shall be made by the Chief Justice or the acting Chief Justice of the Supreme Court from the same list. The term of office of a judge appointed to fill a vacancy shall be as otherwise provided in the Constitution of Alabama of 1901.
§45-3.00 | BOND ISSUES FOR SCHOOLS
The provisions of this amendment shall be self-executing.
§45-3.20 | EXCAVATION OF HUMAN GRAVES
§45-4.00 | MADISON COUNTY AND THE CITY OF HUNTSVILLE
In carrying out the purposes of this amendment, neither Madison county nor the city of Huntsville shall be subject to the provisions of section 93 of the Constitution of Alabama, and the taxes which the county and the city are hereinabove authorized to levy and collect are in addition to all other taxes which the county and the city are authorized to levy and collect. This amendment shall be self-executing, but, notwithstanding any contrary provisions of section 104 of the Constitution of Alabama, the legislature shall have the power, by general, special or local act, to enact laws supplemental hereto or in furtherance of the purposes hereof.
§45-4.01 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§45-7.00 | OPERATION OF BINGO BY NONPROFITS
(b) No bingo license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 23 months immediately prior to the issuance of the license;
(c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;
(d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;
(e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;
(f) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed $1,000.00 in cash or gifts of equivalent value during any bingo session or $2,000.00 in cash or gifts of equivalent value during any calendar week;
(g) No person or organization, by whatever name or composition thereof, shall take any salary, expense money, or fees as remuneration for services rendered in the operation of any bingo game.
§45-8.00 | CERTAIN PUBLIC OFFICIALS
§45-8.20 | PARTICIPATION OF SHERIFF’S EMPLOYEES
§45-8.40 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§45-9.00 | CONTROL OF DANGEROUS DOGS
§45-9.01 | PROCEDURES FOR CONTROL OF DANGEROUS DOGS
Section 1.
The people of the State of Alabama find and declare that: Certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unprovoked attacks on, and associated injury to, individuals; these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; existing laws inadequately address this problem; and it is therefore appropriate and necessary to impose requirements on the owners of dangerous dogs.Section 2.
The provisions of this constitutional amendment are applicable to those areas of Madison County outside the corporate limits of any municipality.Section 3.
The following words shall have the following meanings:Animal control officer
(1). Any person employed by Madison County who performs animal control functions.Attack
(2). Aggressive physical contact initiated by a dog.Bitten
(3). Seized with the teeth so that the skin of the person seized has been gripped or has been wounded or pierced.Dangerous dog
(4). A dog, regardless of its breed, that has bitten, attacked, or caused physical injury to a human being, without provocation, or has repeatedly bitten or caused physical injury to humans, except a dog used by law enforcement officials for legitimate law enforcement purposes, a certified guide dog for the blind, a hearing dog for the deaf, or a service dog for the disabled.Dog
(5). All members of the canine family including dog hybrids.Impounded
(6). Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to Madison County.Owner
(7). A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her.Physical injury
(8). An injury as defined in Section 13A–1–2(12), Code of Alabama 1975.Proper enclosure of a dangerous dog
(9). An enclosure for the confinement of a dog that has been declared dangerous which is suitable to prevent the entry of the general public and:b. Has secure sides and a secure top attached at all sides. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the animal from digging out.
c. Provides adequate ventilation and protection from the elements.
d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: “Dangerous Dog—No Trespassing.”
e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog.
Serious physical injury
(10). An injury as defined in Section 13A–1–2(14), Code of Alabama 1975.Section 4.
(b) If a dog that is unowned and has been reported to be dangerous bites a person, the dog may be quarantined and destroyed pursuant to Section 3–7A–9(b), Code of Alabama 1975. For the purposes of this subsection, “bites” means the same as “has been exposed” as defined in Section 3–7A–1(5), Code of Alabama 1975.
(c) If there is probable cause to believe that an owned dog is dangerous and has caused serious physical injury to a human being, a law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous. Madison County may impound the dog at the county pound as described in Section 3–7A–7, Code of Alabama 1975, or may enter into an agreement with an animal shelter or licensed veterinarian to secure and impound dangerous dogs pursuant to this section. The owner of the dog shall be liable to Madison County for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog.
(d) The district attorney, county attorney, or the designee of either, shall be authorized to file a petition in the district court to declare the dog that caused physical injury to a human being in Madison County to be dangerous. The owner of the dog shall be served with a copy of the petition.
(e) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership shall not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous.
(f) The court hearing shall be held as soon as practicable. At the hearing, the district attorney, county attorney, or the designee of either, shall present evidence that the dog is dangerous and whether the dog caused serious physical injury to a human being.
(2) If the court determines that the dog is dangerous, but has not caused serious physical injury or death to a human being or other animal, the court shall issue orders authorized by this section.
Section 5.
(2) When the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.
(3) When the dog was responding to pain or injury or protecting itself, its kennel, or its offspring.
(4) When a person or domestic animal was disturbing the natural functions of the dog such as sleeping or eating.
Section 6.
(2) A current photograph of the dog.
(3) That the dog will be confined to a proper enclosure when the dog is outdoors and unattended.
(4) That the dog has been neutered or spayed, unless medically not needed.
(5) That the dog has been permanently identified by tattooing or injecting an identification microchip using standard veterinary procedures and practices, and the name, address, and phone number of the veterinarian performing the identification procedure.
(6) A policy of insurance, such as homeowner’s, or a surety bond in the amount of not less than one hundred thousand dollars ($100,000) covering the medical or veterinary costs, or both, resulting from any future dangerous actions of the dog.
(7) If the owner of the dangerous dog is not the owner of the property where the dog is kept, the owner of the dog must obtain from the property owner written permission for the dangerous dog to be kept there.
(8) A notarized affidavit from the owner of the dangerous dog stating that the dog will be under the control of a person 18 years or older when the dog is not in a proper enclosure or inside a building and that the dog will not be allowed outside the property of its owner except in emergencies or for normal or necessary medical or health-related treatment.
(c) The owner of the dangerous dog shall pay an annual fee to register the dog pursuant to the provisions of this amendment. The amount of the dangerous dog registration fee shall be established by the Madison County Commission. The payment of the dangerous dog registration fee shall be in addition to any regular dog licensing fee required by Madison County.
(d) An animal control officer or law enforcement officer may make whatever inquiry is deemed necessary to ensure compliance with this amendment and any court order issued pursuant to this amendment.
(e) Prior to a dangerous dog being sold or given away, the owner shall advise the new prospective owner in writing that the dog has been declared to be dangerous by a court and shall provide the Madison County Animal Control Department the name, address, and telephone number of the new owner. The new owner shall comply with all of the requirements of this amendment.
Section 7.
The owner of a dog which has been declared to be dangerous by a court may petition the district court to remove the dangerous dog designation 18 months after the judicial declaration was issued. A copy of the petition shall be served upon the district attorney or county attorney. The court may remove the dangerous dog designation and eliminate any requirements of this amendment if the owner of the dog has not violated this amendment and any orders of the court, and if the court is satisfied from the evidence that the dog is no longer dangerous.Section 8.
(b) If a dog that has not been declared by a court to be dangerous, attacks and causes serious physical injury or death to any human being, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class A misdemeanor.
(c) In addition to any fines imposed by the court, a person guilty of violating subsections (a) and (b) of this section shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by impoundment of the dog, medical expenses incurred by a victim from an attack by a dangerous dog, and other expenses required for the destruction of the animal.
(d) An owner of a dog declared to be dangerous by a court who does not contain the dog in a proper enclosure shall be guilty of a Class C misdemeanor.
(e) An owner of a dog declared to be dangerous by a court who has been adjudicated guilty of subsection (d) and subsequently fails to contain a dangerous dog in a proper enclosure shall be guilty of a Class B misdemeanor.
Section 9.
Nothing in this amendment shall be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this amendment is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.Section 10.
(b) Nothing in this amendment is designed to abrogate any civil remedies available under statutory or common law.
Section 11.
Any person who knowingly makes a false report to a law enforcement officer or an animal control officer that a dog is dangerous is guilty of a Class C misdemeanor.Section 12.
Madison County, its district attorney and its county attorney and any of its, or their employees or agents, and the individual issuing the dangerous dog certificate or registration shall be immune from any and all liability for any actions taken or for any failure to act pursuant to this amendment.Section 13.
The Madison County Commission shall establish the date on which these provisions shall become effective.§45-9.20 | NOISE LEVEL RESTRICTIONS
(b) The purpose of this amendment is to protect and to provide for the health, safety, and welfare of the citizens of Madison County, and to promote commerce, property enjoyment, quality of life, and quality of the environment by authorizing the Madison County Commission to adopt, amend, and enforce ordinances or resolutions to limit noise levels and to regulate public nuisances caused by noise levels in order to minimize the exposure of its citizens to the physiological and psychological dangers of excess noise.
(c) The Madison County Commission may adopt and amend ordinances or resolutions applicable in the unincorporated areas of Madison County to prohibit excessive noise; to regulate, limit, and control noise levels; to control public nuisances caused by excessive noise levels; and to provide criminal penalties for violations. These ordinances and resolutions shall be enforceable in any court of competent jurisdiction within the county. Notwithstanding the foregoing, no ordinance or resolution may be adopted to restrict noise produced in the ordinary course of business by industrial manufacturing, or farming facilities or activities.
(d) The Madison County Commission may provide criminal penalties for violation of the ordinance or resolution adopted pursuant to this amendment not to exceed the penalties for a Class C misdemeanor.
§45-10.00 | DELINQUENT PROPERTY TAX NOTICES
§45-10.01 | OCCUPATIONAL TAX PROHIBITED
(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Madison County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11–51–90, 11–51–91, 11–51–92, and 11–51–93, Code of Alabama 1975.
§45-10.20 | SCHOOL DISTRICT 1
If in the election on this amendment the amendment receives the favorable vote of a majority of the qualified electors of the district who vote hereon, a special tax of five mills shall be collected in the district, as other special school district taxes are collected, for the tax year ending September 30, 1959, and for each succeeding tax year thereafter until the tax is repealed as herein provided.
If in the election on this amendment a majority of the qualified electors of the district who vote hereon vote against the amendment, the special tax hereby authorized may be levied only if the question of levying the tax, and the purpose thereof, shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of the electors participating in the election. The election shall be called, held, conducted, and governed by the applicable provisions of article 7, chapter 10, Title 52, Code of Alabama (1940), which governs elections on special school district taxes; and the tax hereby authorized shall be levied and collected in the district as other special school district taxes are levied and collected. If the proposal to levy the tax is defeated in any such election, it may not again be submitted to a vote for one year, but after the expiration of one year, and at intervals of at least one year thereafter, such proposal may be resubmitted to the qualified electors of the district.
After the special tax authorized hereby has been levied, the court of county commissioners, board of revenue or like governing body of Madison county, upon receipt of a petition signed by not less than twenty per cent of the qualified electors who reside in the district, must call an election at which the question of the repeal of the tax, upon payment of all obligations then outstanding, if any, shall be submitted to the qualified electors of the district. Should a majority of the qualified electors participating in this election vote for the repeal of the tax, it shall cease immediately upon the payment in full of all outstanding pledges, if any, against it. Should a majority of the electors participating in the election vote against repeal, the question of repeal may not again be submitted to a vote for one year; but after the expiration of one year, and at intervals of at least one year thereafter, upon receipt of a petition signed by not less than twenty per cent of the qualified electors residing within the district, the county governing body may order the question of repeal of the tax resubmitted to the qualified electors of the district.
The elections provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided by article 7, chapter 10, Title 52, Code of Alabama (1940), for an election on the special district school taxes authorized by Sections 269.01 through 269.03. The collection of the tax shall also be governed by the applicable provisions of article 7, chapter 10, Title 52, Code of Alabama (1940), and the proceeds shall be used exclusively for public school purposes within the district.
This amendment shall be self-executing.
§45-10.21 | ADDITIONAL TAXES IN SCHOOL DISTRICT 1
Section 1.
In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars’ worth of taxable property in school tax district no. 1, Madison county, Alabama, which comprises all of Madison county, Alabama except the city of Huntsville, Alabama to be used solely for public school purposes; provided the levy of said tax shall first have been approved by the qualified electors of the school district as hereinafter provided.Section 2.
In the event this amendment is approved and a majority of the qualified electors of said school tax district no. 1, Madison county, Alabama, who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 shall be levied and collected for a period of thirty years without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of school tax district no. 1, Madison county, Alabama, who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall have been again submitted to a vote of the qualified electors of school tax district one, Madison county, Alabama, and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be called, held, conducted, paid for and governed otherwise in the manner provided for an election on the school district tax authorized in Sections 269.01 through 269.03.§45-10.22 | REPEAL OF EXEMPTIONS FROM CERTAIN SCHOOL TAXES
§45-10.23 | RATIFICATION OF CERTAIN SCHOOL DISTRICT 1 TAXES
§45-11.00 | FIRE PROTECTION PURPOSES
§45-11.20 | MUNICIPAL CORPORATE LIMITS
§46-2.00 | GENERAL AUTHORITY
§46-2.20 | JUDGE OF PROBATE COMPENSATION
(b) All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the Judge of Probate of Marengo County shall continue to be collected by the judge of probate, but shall be paid into the county general fund.
(c) The County Commission of Marengo County shall provide the judge of probate with office personnel, clerks and deputies, and with quarters, books, stationery, furniture, equipment, and other supplies necessary for the proper and efficient conduct of the office of the judge of probate. Compensation of the personnel shall be fixed by the county commission and shall be paid in equal monthly installments out of the General Fund of Marengo County.
(d) The amendment to this amendment shall become effective beginning with the next term of office following ratification of the amendment.
§46-2.21 | JUDGE OF PROBATE JURISDICTION
§46-3.00 | BOND ISSUES FOR COURTHOUSE
If the said bonds are authorized to be issued, either by a majority of the qualified electors of said county participating in the election on the adoption of this amendment voting for the adoption thereof or by a majority of the qualified electors of said county voting in favor of the issuance of said bonds at a separate county bond election on the question of the issuance of said bonds, and if the said bonds or any part thereof are actually issued, the governing body of said county shall thereafter have the power, without any further election, to agree to levy and collect, and to levy and collect, for a period of not exceeding seven years and for the sole purpose of paying the principal and interest on such bonds and creating a reserve therefor, a special additional annual ad valorem tax of not exceeding two mills on each dollar’s worth of taxable property in said county, as assessed for state taxation for the preceding tax year. The said county shall not, however, in any event have the power to levy said tax or any part thereof with respect to any tax year beginning after final payment and retirement of said bonds. The term “taxable property” as used in this amendment shall include any property that has heretofore been or may hereafter be exempted from county taxes pursuant to the provisions of sections 3 to 5, inclusive, of Title 51 of the Code of Alabama of 1940, as amended, or other similar statute, and the tax herein provided for, if authorized, levied and collected, shall be levied on and collected with respect to all such property just as if it had not been exempted from county taxes. Any provision of section 71 of Title 51 of the Code of Alabama of 1940 to the contrary notwithstanding, the tax herein provided for may, if authorized to be levied, be levied by the governing body of the county at any time prior to the September 1 next preceding the date on which such tax is to become due and payable.
The provisions of this amendment shall be self-executing.
§46-4.00 | MARENGO COUNTY
Marengo county shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose. The governing body of the county may provide for holding such election, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published once a week for three successive weeks before the election.
This amendment shall be self-executing; but the legislature may enact general, special or local laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidence of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of Marengo county, or may be limited as to the source of their payment.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidence of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidence of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body subject to such limitations as the governing body of Marengo county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county.
§46-4.01 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§46-4.02 | MARENGO COUNTY AND MUNICIPALITIES THEREIN
The recital in any bonds, warrants, notes, or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of the county or any such municipality for the purpose of determining the borrowing capacity of the county or any such municipality under Section 224 or 225 of the Constitution of Alabama of 1901.
In carrying out the purposes of this amendment, neither the county nor any such municipality shall be subject to the provisions of Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, the Legislature shall have the right and power by general, special, or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. No such special or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.
Any actions authorized in this Amendment to be taken by the county or any such municipality which have been taken subsequent to January 1, 1998, are hereby ratified, approved, and confirmed.
(2) To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision (1) above, to any person, firm, association, or corporation.
(3) To promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.
(4) To lend its credit or to grant public moneys and things of value in aid of, or to any individual, firm, association, or corporation whatsoever.
(5) To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding 50 percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1) or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may be issued upon the full faith and credit of the county or any such municipality or may be limited as to the source of their payment.
(6) To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of the county or any such municipality may impose, by approving and filing a certificate to that effect in the office of the Judge of Probate or the Secretary of State, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any such municipality.
§46-4.03 | MARENGO COUNTY, COMMISSION, AND MUNICIPALITIES THEREIN
The recital in any bonds, warrants, notes, or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized shall be conclusive, and no purchaser or holder thereof need inquire further. The bonds, warrants, notes, or other obligations or evidences or indebtedness issued hereunder shall not be considered an indebtedness of the county or any such municipality for the purpose of determining the borrowing capacity of the county or any such municipality under Section 224 or 225 of the Constitution of Alabama of 1901.
In carrying out the purposes of this amendment, neither the county nor any such municipality shall be subject to the provisions of Section 94 of the Constitution of Alabama of 1901. This amendment shall be self-executing, but notwithstanding any contrary provisions of Section 104 of the Constitution of Alabama of 1901, the Legislature shall have the right and power by general, special, or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. No such special or local act shall be subject to the provisions of Section 106 of the Constitution of Alabama of 1901.
Any actions authorized in this Amendment to be taken by the municipality which have been taken subsequent to January 1, 1998, are hereby ratified, approved, and confirmed.
(2) To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision (1) above, to any person, firm, association, or corporation.
(3) To promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.
(4) To lend its credit or to grant public moneys and things of value in aid of, or to any individual, firm, association, or corporation whatsoever.
(5) To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding 50 percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease, or acquisition of any of the property described in subdivision (1) or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.
(6) To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of the municipality may impose, by approving and filing a certificate to that effect in the office of the Judge of Probate or the Secretary of State, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.
§46-4.20 | WATERWAYS AND FOREIGN TRADE ZONE
§46-8.00 | CERTAIN PUBLIC OFFICIALS
§46-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§46-9.00 | USE OF GOLF CARTS
(b) A municipality that authorizes the use of golf carts pursuant to subsection (a) shall inspect any golf cart that an owner wishes to use pursuant to subsection (a) to determine if the safety equipment required by subsection (e) is present on the golf cart and shall verify that the operator of the golf cart on a municipal street or public road is covered by a policy of liability insurance held by the owner of the golf cart. If the liability limits for operation of the golf cart shall be the same as for the operation of a motor vehicle. The proper safety equipment is present and the golf cart is covered by liability insurance, the municipality shall issue a permit to the owner upon payment of a permit fee. The municipality may designate the appropriate department of the municipality to inspect and permit golf carts and may adopt rules for permitting golf carts, including providing for a permit fee.
(c) A municipality may not allow a golf cart to operate on a municipal street or public road where the posted speed limit exceeds 25 miles per hour.
(d) A municipality may limit the operation of a golf cart pursuant to this amendment to only between the hours of sunrise and sunset.
(e) The golf cart shall be equipped with headlights, brake lights, turn signals, and a windshield.
(f) No person may operate a golf cart on a public street or road without a driver’s license.
(g) A municipality may enact an ordinance regarding golf cart operation and equipment that is more restrictive than the restrictions enumerated in this amendment. Upon enactment, the municipality shall post appropriate signs or otherwise inform residents that the ordinance exists and will be enforced within the jurisdictional limits of the municipality.
(h) All golf carts shall be entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any golf cart of the full use of a lane.
(i) The operator of a golf cart may not overtake and pass in the same lane occupied by the vehicle being overtaken.
(j) A golf cart may be operated between lanes of traffic or between adjacent lines or rows of vehicles.
(k) Golf carts may not be operated two or more abreast in a single lane.
(l) The unauthorized operation of a golf cart on a municipal street or public road is a violation for which the municipality may collect a civil penalty of up to fifty dollars ($50).
(m) Notwithstanding any other provision of this amendment, a municipality may enact an ordinance regarding golf cart operation and equipment that is less restrictive than the restrictions enumerated in this amendment authorizing the use of golf carts for periods not to exceed 80 hours by the municipality or a civic organization in conjunction with civic events or events to raise funds, promote economic development, or similar purposes as authorized in the ordinance.
§46-11.00 | FIRE PROTECTION PURPOSES
(b) Within 90 days of payment into the county general fund, the county commission shall pay the funds to the Marengo County Association of Fire and Rescue Departments, Incorporated. The county association shall divide the funds equally among all the eligible volunteer fire departments and the Alabama Forestry Commission at each quarter meeting of the county association. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds.
(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Marengo County that is certified under the guidelines of the Alabama Forestry Commission and is a member in good standing of the Marengo County Association of Fire and Rescue Departments, Incorporated. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department and the Alabama Forestry Commission shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the Alabama Forestry Commission.
(d) The Alabama Forestry Commission’s share of these funds collected shall be used in Marengo County only. The funds shall be used for buildings and purchase of equipment. The funds shall not be expended for salaries.
(e) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.
(f) The personnel of volunteer fire departments and the Alabama Forestry Commission shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments and the Alabama Forestry Commission.
§47-3.00 | BOND ISSUES FOR HOSPITAL AND HEALTH PURPOSES
The tax levied and the method of collection provided therefor by Act No. 115 approved June 22, 1949 [Acts 1949, p. 139], levying in Marion county, Alabama, and additional special privilege or license taxes and excise taxes be and the same hereby is in all things validated and confirmed, any provision or provisions of the Constitution of Alabama of 1901 to the contrary notwithstanding.
§47-3.01 | BOND ISSUES FOR REFUNDING OF SECURITIES
Any securities issued by a municipality pursuant to the provisions of this amendment may be issued on the full faith and credit of such municipality or may be limited as to the source of their payment, all as the governing body of such municipality may determine. Any securities so issued, in whole or in part, for refunding purposes hereunder may be in the form of bonds, warrants, notes or other securities, irrespective of whether the securities being refunded thereby consist of bonds, warrants, notes or other securities or any combination thereof, and may be limited as to the source of their payment, as aforesaid, even though the securities being refunded thereby were issued on the full faith and credit of such municipality. Any securities issued by a municipality pursuant to the provisions hereof that are payable, as to both principal and interest, solely out of revenues and receipts to be derived from the leasing or sale of one or more industrial or manufacturing plants or properties owned by it shall not be considered indebtedness of such municipality for the purpose of determining its borrowing capacity under section 225 of the Constitution or under the 1950 amendment. No municipality in Marion county, Alabama, shall issue any securities pursuant to the provisions of the 1950 amendment or of this amendment, other than securities that are payable (as to both principal and interest) solely out of revenues to be derived from the leasing or sale of one or more industrial or manufacturing plants or properties owned by it, unless the principal amount of such securities, when added to the aggregate of the principal amount of any other securities of such municipality then outstanding hereunder or the 1950 amendment, does not exceed fifty percent of the assessed value of the taxable property therein, as determined for state taxation; provided however, that securities for the payment of the principal of and the interest on which an irrevocable trust fund consisting of cash or securities that are direct general obligations of the United States of America, or both, has been established shall not, for the purposes of this amendment or the 1950 amendment, be considered as outstanding to the extent that the retirement thereof shall be provided by said fund (including the cash therein and all sums due to be paid by the United States of America under the terms of any such United States securities that form a part of said trust fund).
No municipality shall exercise any power and authority hereunder unless the question of whether such municipality shall have the full and continuing power to exercise all the powers and authority referred to herein shall have first been submitted to a vote of the qualified electors of said municipality at an election to be called for that purpose by the governing body of said municipality and the full and continuing exercise of said powers and authority shall have been authorized by a majority of said qualified electors voting at said election. Each election provided for herein shall be called, held, conducted and canvassed, and may be contested, in the manner provided by law for the calling, holding, conducting, canvassing and contesting of municipal bond elections; provided however, that if a majority of the qualified electors in any municipality in Marion county participating in the election on the adoption of this amendment shall vote for the adoption hereof, then the approval of this amendment expressed by the vote in said municipality in favor of its adoption shall of itself authorize the full and continuing exercise by such municipality of all the powers and authorities granted hereunder and in that event no additional election by the electors of said municipality shall be required to authorize the exercise of such powers.
(2) In the event any of the securities being so refunded cannot, by their terms, be redeemed or otherwise retired simultaneously with the issuance of the refunding securities, to invest, until the earliest date on which such redemption or retirement can be effected, such portion of the principal proceeds from the sale of such refunding securities as may not then be used for redemption or retirement of the refunded securities, in any investments in which municipal sinking funds are authorized to be invested by the provisions of section 265 of Title 37 of the Code of Alabama of 1940, as it exists at the time of the adoption of this amendment;
(3) To issue bonds, warrants, notes or other securities for the combined purpose of so refunding any such securities and of acquiring, constructing, extending or improving any one or more industrial or manufacturing plants or properties within the corporate limits or the police jurisdiction of such municipality, in which case the provisions of the preceding subdivisions (1) and (2) of this amendment shall apply to those of such bonds, warrants, notes or other securities that are being issued for refunding purposes;
(4) To pledge for payment of any securities issued by it pursuant to the provisions hereof not only any taxes and revenues authorized to be pledged for securities authorized to be issued pursuant to the provisions of the 1950 amendment, but also any other taxes or revenues that such municipality is authorized by law to pledge for payment of its general obligation bonds;
(5) To mortgage, as security for payment of any securities issued by it hereunder, (a) any industrial or manufacturing plants and properties acquired, constructed, extended or improved, in whole or in part, out of the proceeds from the sale of any securities being refunded, in whole or in part, by such securities, and (b) any industrial or manufacturing plants and properties to be acquired, constructed, extended or improved, in whole or in part, out of the proceeds from the sale of such securities; and to pledge for payment of any such securities the revenues and receipts to be derived from the leasing or sale of any such plants and properties; and
(6) In connection with the issuance of any securities by it hereunder, to reserve the right to issue additional such securities hereunder, on a parity with the securities then being issued, on such terms and conditions as shall be specified in the proceedings of its governing body or other documents under which such securities are being issued.
§47-4.00 | MARION COUNTY MUNICIPALITIES
The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of any municipality in Marion county for the purpose of determining the borrowing capacity of such municipality under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.
This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
2. To lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Marion county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Marion county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.
§47-4.20 | AGRICULTURE AND EXHIBIT CENTER AUTHORITY
(2) One member appointed by the member of the Marion County Commission representing District Two.
(3) One member appointed by the member of the Marion County Commission representing District Three.
(4) One member appointed by the member of the Marion County Commission representing District Four.
(5) One member appointed by the member of the Marion County Commission representing District Five.
(6) One member appointed by the state Senator representing Marion County.
(7) One member appointed by the members of the House of Representatives representing Marion County.
(c) The authority is authorized to do the following:
(2) To acquire by purchase, rent, lease agreement, or otherwise the necessary facilities and to provide it with necessary equipment, furnishings, landscaping, and related facilities, including parking areas and ramps, roadways, sewers, curbs, and gutters.
(3) To enter into contracts and cooperative agreements with the local, state, and federal governments, agencies of the governments, private individuals, corporations, associations, and other organizations as the authority may deem necessary or convenient to carry out the purposes of this amendment, the contracts and agreements to include leases to provide for industries.
(4) To accept public or private gifts, grants, and donations.
(5) To acquire property by purchase, lease, or gift.
(6) To sell, convey, transfer, lease, or donate any property, franchise, grant, easement, license, or lease or interest therein which it may own and to transfer, assign, sell, convey, or donate any right, title, or interest which it may have in any lease, contract, agreement, license, or property.
(7) To invest any funds that the authority may determine are not presently needed in the operation of its properties in bonds of the United States of America, bonds of the state, bonds of any county or municipality, and interest-bearing bank deposits.
(8) To employ personnel as may be necessary to accomplish the purposes of this amendment. The personnel employed by the authority shall serve at the pleasure of the authority. The authority shall fix the compensation of the personnel and the compensation shall be paid from any funds of the authority. The authority shall designate the duties of the personnel.
(9) To make rules and regulations as the authority may deem necessary and desirable to provide for the operation, management, and control of the facility.
(10) To perform other acts necessary or incidental to the accomplishment of the purposes of this act, and other acts, including, but not limited to, the employment of legal and accounting assistance, whether or not specifically authorized in the act, and not otherwise prohibited by law.
§47-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§47-10.20 | SPECIAL TAX FOR HOSPITAL PURPOSES
§47-10.40 | SPECIAL TAX FOR EDUCATIONAL PURPOSES
§47-10.41 | HAMILTON SPECIAL SCHOOL DISTRICT TAX
This amendment shall be self executing and shall require no enabling legislation.
§47-11.00 | PUBLIC WATER AUTHORITY
§47-11.20 | FIRE PROTECTION PURPOSES
§48-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§48-3.00 | HOURS OF POLLING PLACES
§48-5.00 | ELECTION OF MEMBERS AND OPERATION
§48-8.00 | PARTICIPATION OF SHERIFF’S EMPLOYEES
§48-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§48-9.00 | DISCRETIONARY FUND FOR FEEDING PRISONERS
§48-10.00 | TAX ON SALE OR STORING OF MOTOR FUEL FOR MAINTAINING ROADS
§48-10.20 | SPECIAL TAX FOR EDUCATIONAL PURPOSES
After any tax levied pursuant to authority hereby conferred shall have been collected for five years the court of county commissioners, board of revenue or other county governing body, upon receipt of a petition, signed by not less than twenty percent of the qualified electors of the county must call an election at which the question of repeal of the tax upon payment of all obligations then outstanding shall be submitted to the qualified electors of the county. Should a majority of the voters participating at this election vote for the repeal of the tax it shall cease as soon as the outstanding pledges against it have been paid in full. Should a majority of the electors participating in the election vote against repeal the question of repeal may not again be submitted to a vote for one year, but after the expiration of one year, and at intervals of one year thereafter, upon receipt of a petition signed by twenty percent of the qualified electors of the county, the county governing body may order the question of repeal of the tax resubmitted to the qualified electors of the county.
The elections provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided by Code of Alabama (1940), Title 52, chapter 10, article 7, for an election on the special county school tax authorized in Sections 269.01 through 269.03. The collection of the tax shall also be governed by the applicable provisions of the Code of Alabama (1940), Title 52, chapter 10, article 7, and the proceeds shall be used exclusively for the purposes authorized at the election approving the levy.
§48-11.00 | FIRE PROTECTION PURPOSES
§48-11.20 | GENERAL PROVISIONS
The provisions of this amendment shall not apply to any municipality incorporated in the future that lies entirely within the boundaries of Marshall county.
The provisions of this amendment shall not apply to any territory presently annexed within Marshall county by a municipality located outside of the county.
The legislature may pass local or general acts to supplement this amendment, so long as such acts do not contravene the provisions of this amendment.
§49-2.00 | JUDICIAL COMMISSION
The Mobile county judicial commission is hereby created for the purpose of nominating to the governor persons for appointment to such a vacancy. The members of such commission shall be (a) two persons who are members of the Alabama state bar, and (b) two persons who are not members of the Alabama state bar, and (c) one judge of the circuit court of Mobile county.
All members of such commission must reside in the territorial jurisdiction of the circuit court of Mobile county.
The two members of such commission who are required to be members of the Alabama state bar shall be elected by the members of such bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court of Mobile county. The executive committee of the Mobile county bar association or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of such members of such commission as are required to be members of the Alabama state bar. Such executive committee shall certify in writing to the probate judge of Mobile county the names of the persons elected as members of such commission by such members of such bar.
The senators and representatives in the Alabama legislature from Mobile county shall elect the two members of such commission who are required not to be members of the Alabama state bar. Such senators and representatives shall certify in writing to such probate judge the names of the persons elected by them as such members.
The judges of the circuit court of Mobile county shall elect the member of such commission who is required to be a judge of such circuit court. The judges of such circuit court shall certify in writing to such probate judge the name of the circuit judge elected by such circuit judges as such member.
The terms of office of all members of such commission shall be six years, except that the terms of office of the two members of the state bar first elected shall be for one and two years respectively, and of the two members first elected by the senators and representatives in the Alabama legislature from Mobile county shall be for three and four years respectively, and the term of the circuit judge elected by the circuit judges shall be for five years; the length of such terms of office of the members of such commission being indicated by the respective electing bodies. The terms of the initial members of such commission shall begin on January 16, 1982. A vacancy in the office of a member of such commission shall be filled for the unexpired term in the same manner as such member was originally chosen.
The probate judge of Mobile county shall record all such certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his receipt and recordation of every such certificate, he shall send to the governor a certified copy of every such certificate.
No member of such commission shall be eligible to succeed himself as such member or for nomination to the governor for appointment as judge of such circuit court or district court during the term of office for which such member shall have been selected.
The members of such commission shall not receive any salary or other compensation for their services as such members. No member of such commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of such commission shall hold any official position in any political party.
If, subsequent to January 15, 1982, a vacancy occurs in the office of judge of the circuit court or in the office of judge of the district court of Mobile county, such commission shall nominate to the governor three persons having the qualifications for such office. Such nomination shall be made only by the concurrence of a majority of the members of such commission. The governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for such office. Any vacancy occurring in the office of judge of the circuit or district court of Mobile county, which is required to be filled by appointment on nominations made by a judicial commission, shall be made within ninety days from the date of the submission of such nominations. In the event the governor fails to fill the vacancy from such nominations within such period, the appointment shall be made by the chief justice of the supreme court of Alabama. The appointee shall hold such office until the next general election for any state officer held at least six months after the vacancy occurs and until his successor is elected and qualified; the successor shall hold office for the unexpired term and until his successor is elected and qualified.
This amendment shall be self-executing.
§49-2.01 | 2022 JUDICIAL COMMISSION
(b)
b. Two individuals who are not members of the Alabama State Bar.
c. One judge of the circuit court of Mobile County.
b. The executive committee of the Mobile County Bar Association, or its successor body in that capacity, shall adopt policies and procedures consistent with this amendment for the election of the members of the commission that are required to be members of the Alabama State Bar.
c. The executive committee shall certify in writing to the judge of probate of Mobile County the names of the individuals elected as members of the commission by the members of the bar.
(3) The judges of the circuit court of Mobile County shall elect the member of the commission who is required to be a judge of the circuit court. The judges of the circuit court shall certify in writing to the judge of probate the name of the circuit judge elected by the circuit judges as a member. The judge member shall serve as chair of the commission.
(4) The Judge of Probate of Mobile County shall record all the certificates of election and shall safely and permanently keep the original certificates. Upon receipt and recordation of every certificate, he or she shall send to the Governor a certified copy of every certificate.
(2) The terms of the initial members of the commission shall begin on January 16, 2023.
(f) The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of the commission shall hold any official position in any political party.
(g)
(2) The nomination shall be made only by the concurrence of a majority of the members of the commission.
(3) The Governor shall appoint to the office in which the vacancy exists one of the three individuals nominated pursuant to this subsection for that office.
(4) Any vacancy occurring in the office of judge of the circuit or district court of Mobile County, which is required to be filled by appointment on nominations made by a judicial commission, shall be made within 90 days from the date of the submission of the nominations.
(5) In the event the Governor fails to fill the vacancy from the nominations within the 90–day period provided in subdivision (4), the appointment shall be made by the Chief Justice of the Supreme Court of Alabama.
(6) The commission shall establish procedures consistent with this amendment for nominating candidates to the Governor.
§49-3.00 | BOND ISSUES FOR PUBLIC ROADS
The limitation of six and one-half per centum (6 %) of the assessed value of taxable property in the county, hereinabove provided for, is applicable only to the amount of bonds that may be outstanding immediately following the delivery of each series of bonds issued hereunder and shall not restrict the total amount of bonds that may be from time to time issued hereunder.
The bonds issued hereunder shall be general obligations of Mobile county secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, so much of the said special tax as may be necessary to pay said principal and interest at their respective maturities. Each such pledge of the special tax made for the benefit of the bonds issued hereunder shall be on a parity with all valid pledges of said special tax theretofore or thereafter made for the benefit of bonds issued hereunder or under any other constitutional amendment, to such extent as shall not impair the obligations of any then existing valid pledges. The principal of each series of said bonds shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of any series of bonds maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama respecting the sale, execution, issuance, and redemption of bonds by counties, as such laws may exist at the time of the delivery of such bonds.
The provisions of this amendment shall be self-executing, and the enactment of local legislation shall not be a prerequisite to the taking of any action hereunder by the said county and its governing body; and no local legislation at any time adopted with respect to this amendment shall be effective, and all such local legislation is hereby repealed.
Mobile county shall in addition have authority under this amendment to make cash payments for the construction and improvement of hard surfaced roads, hard surfaced bridges and surface water drainage facilities, or any thereof, in said county, from any proceeds accumulated under the provisions of this amendment over and above such proceeds as are now or hereafter pledged to the payment of the principal and interest on bonds, warrants, notes or other evidence of indebtedness authorized under this amendment; provided however that no such construction or improvement work shall be started and no such cash payments shall be made unless and until such construction or improvement project, specifically named and described, has been approved by the affirmative vote of a majority of the votes cast on the question at an election in which all of the qualified electors of said county may vote; and the probate judge and all other appropriate election officials shall, upon application by the county commission of said county no less than forty days prior to any such election, include on the ballot for such election the question of whether the voters do approve such specifically named and described construction or improvement project.
§49-3.01 | BOND ISSUES FOR UNBONDED OBLIGATIONS
§49-3.02 | DEBT LIMIT
§49-3.03 | EXTENSION OF DEBT LIMIT
Bonds issued hereunder, together with bonds now or hereafter outstanding under authority of Section 49–3.00, together with redemption premiums thereon, shall be payable from any funds heretofore and hereafter derived from the proceeds of the tax at such rate or rates not exceeding one-half of one percentum of the assessed value of the property situated in the county which may from time to time be levied or which has been levied, under Section 49–3.00. The county governing body may agree in the proceedings authorizing the issue of school bonds and courthouse and jail bonds hereunder that it will, if and to the extent necessary to prevent default in the payment of principal or interest on such bonds, use for the payment of such principal or interest, or both, as a prior lien thereon so much of the proceeds of the tax of 2 mills authorized by section 215 of the Constitution as may be necessary. Further, after 30 days from the first publication in said county of the resolution authorizing and fixing the details of any bonds authorized to be issued hereunder, such bonds and the sources of payment provided therefor in such resolution shall be incontestable in any court in this state.
§49-3.04 | BOND ISSUES FOR PUBLIC SCHOOL BUILDINGS
The bonds issued hereunder, together with the bonds now or hereafter outstanding under authority of Section 49–3.00 and Section 49–3.03, together with redemption premiums thereon, shall be payable from any funds heretofore and hereafter derived from the proceeds of the tax at such rate or rates not exceeding one-half of one per centum of the assessed value of the property situated in the county which may from time to time be levied and which has been levied under Section 49–3.00 and also from the proceeds of any tax or taxes levied under this amendment; and the board of revenue and road commissioners or other governing body of Mobile county is hereby vested with full authority to continue to levy a tax in the amount authorized by Section 49–3.00, until all bonds issued pursuant to this amendment have been paid in full, or provision for such payment made, without again submitting the question of levying such tax and issuing such bonds to the qualified voters of Mobile county.
The proceeds from each sale of any of the bonds shall, after payment of the expenses of issuing the same, be covered into the county treasury and set apart therein in a special trust fund to be designated the “Public School Bond Fund.” The money paid into such fund shall be disbursed to the custodian of county school funds, and shall be used solely for the acquisition of public school sites, for the construction, reconstruction, alteration and improvement of public school building facilities, for the procurement of equipment therefor, and for payment of obligations incurred for any of such purposes in Mobile county.
The board of revenue and road commissioners or other governing body of Mobile county is hereby vested with full authority except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof; and such county governing body is hereby specifically authorized to pledge to the payment of such bonds so much of the proceeds of any tax hereinbefore or hereafter levied pursuant to Section 49–3.00, which has not already been pledged to the payment of other bonds of the county, and so much of the proceeds of any tax levied pursuant to this amendment as are needed for the payment of the bonds hereby authorized. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of Mobile county to be exercised by said board of revenue and road commissioners or other governing body of Mobile county at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by said county governing body in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said county governing body under which they were issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty-five years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the county the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said county governing body that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected by such determination. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said county governing body, to the bidder whose bid reflects the lowest net interest cost to the county computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said county governing body is received all bids may be rejected.
The bonds shall be signed in the name of the county of Mobile by the chairman of the board of revenue and road commissioner or other presiding officer of the county governing body and shall be countersigned by the county treasurer, and the seal of the county, if any, or a facsimile thereof, shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the clerk of the county governing body; provided that a facsimile of the signature of any one or any two (but not all) of the officers whose signatures appear on the bonds may be reproduced on any of the bonds in lieu of being manually signed thereon. Any coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the chairman of the county governing body, which facsimile signature shall constitute sufficient authentication of said coupons.
All bonds issued under the provisions of this amendment, together with the interest income therefrom, shall forever be exempt from all taxation in this state.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder; provided, however, that the legislature may enact appropriate legislation, not inconsistent with this amendment, respecting the use of the proceeds from the bonds and providing for the payment of the principal thereof and the interest thereon.
§49-3.05 | BOND ISSUES FOR SCHOOLS AND HOSPITALS
The bonds issued hereunder shall be general obligations of Mobile county secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, at the respective maturities of such principal and interest, so much as may be necessary for said purpose of the said special tax, each such pledge to be on a parity with all valid pledges of said special tax at any time made, to such extent as shall not impair the obligation of then existing valid pledges. The principal of each series of said bonds shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of any series of bonds maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance, and redemption of bonds by counties.
For payment of the principal of and interest on any bonds that may be issued hereunder, and so long as any of said principal and interest remains unpaid, the governing body of Mobile county is hereby authorized to continue the levy of the said special annual ad valorem tax provided for in Section 49–3.00 at such rate as may be sufficient to pay such principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of said bonds and all other bonds payable out of or secured by a pledge of said tax, shall not exceed one-half of one per centum ( of 1%) of the assessed valuation of taxable property in the county.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of said special tax for payment thereof.
§49-3.06 | BOND ISSUES FOR CAPITAL IMPROVEMENTS
The bonds issued hereunder shall be general obligations of Mobile county for the payment of the principal of and interest on which the full faith and credit of said county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of said principal and interest, at the respective maturities thereof, so much as may be necessary for said purpose of the said special tax, each such pledge to be on a parity with all valid pledges of said special tax at any time made, to such extent as shall not impair the obligation of then existing valid pledges. The principal of each series of bonds issued under the provisions of this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of the same series maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance, and redemption of bonds by counties. The indebtedness evidenced by the bonds issued hereunder or under any other amendment to the constitution which are payable out of or secured by a pledge of said special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of said county provided for in Section 224 of the constitution.
For payment of the principal of and interest on all bonds that may be issued hereunder, and so long as any of said principal and interest remains unpaid, the governing body of Mobile county is hereby authorized to continue the levy of the said special annual ad valorem tax provided for in Section 49–3.00 at such rate as may be sufficient to pay such principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of said bonds and all other bonds payable out of or secured by a pledge of said tax shall not exceed one-half of one per centum ( of 1%) of the assessed valuation of taxable property in said county.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of said special tax for payment thereof.
§49-3.07 | BOND ISSUES FOR CERTAIN PUBLIC BUILDINGS
Section A.
As used in this amendment the following terms shall be given the following respective meanings:“Special tax” means the annual ad valorem tax at the rate of of 1 per centum (equivalent to 5 mills on each dollar) of the assessed valuation of the taxable property in the county authorized to be levied by the county by the amendment known as Section 49–3.00, and also provided for in the amendments to the Constitution known as Sections 49–3.03, 49–3.04, 49–3.05, 49–3.06, and 49–10.40.
Section B.
Mobile county is hereby authorized to issue from time to time its bonds, not exceeding $3,000,000 in aggregate principal amount, of which $1,000,000 in principal amount shall be issued for the purpose of acquiring, providing, constructing and equipping a building for use as a juvenile detention home for the county in conjunction with the juvenile court of the county, and $2,000,000 in principal amount shall be issued for the purpose of acquiring, providing, constructing and equipping additions and improvements to the county courthouse building in the county; provided, that if all of the proceeds from the bonds issued for either of the said purposes shall not be needed for the purpose for which they were issued then the balance not so needed may in the sound judgment of the governing body of the county be expended for the said other purpose. The aggregate principal amount of all bonds at any time issued under this amendment, when added to the aggregate principal amount of all then outstanding bonds theretofore issued by the county under any other amendment to the Constitution of Alabama that are payable from or secured by the special tax shall not exceed 6 per centum of the assessed valuation of the taxable property situated in the county as assessed for state taxation for the state tax year next preceding that during which any bonds herein authorized shall be issued.No bonds may be issued under the authority of this amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of the county at any election called for that purpose by the governing body of the county and a majority of the said qualified electors voting at the said election shall have voted in favor of the issuance of such bonds; provided, that if a majority of the qualified electors of the county participating in the election on the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for in this amendment and no additional election by the electors of the county shall be required to authorize the issuance of the said bonds. If the majority of the qualified electors of the county participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting at any election called by the governing body of the county under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at an election so called, the governing body of the county may from time to time call other elections hereunder on the issuance of such bonds, but not more than one such election shall be held during any period of twelve consecutive months. Any such election called by the governing body of the county shall be called, held, conducted and canvassed, and may be contested, in the manner and within the time provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties.
The bonds issued hereunder shall be general obligations of the county for the payment of the principal of and interest on which the full faith and credit of the county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of the said principal and interest so much of the special tax as may be necessary to pay the said principal and interest at their respective maturities, each such pledge to be on a parity with all valid pledges of the special tax at any time heretofore or hereafter made, to such extent as shall not impair the obligation of any then existing valid prior pledges.
The principal of each series of bonds issued under this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of that series and the last of which shall mature not later than thirty (30) years after the date of the bonds of that series; provided, that the maturities of each series of bonds issued under this amendment shall be arranged so that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of the county shall be more than four times as great as the smallest installment of principal of the same series maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and also all other bonds theretofore issued by the county and then outstanding that are payable out of or secured by a pledge of the special tax, shall not exceed the amount of the proceeds collected from the special tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued under this amendment shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in section 224 of the Constitution.
So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of Mobile county shall continue the levy of the special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities; provided, that the total rate of the special tax that may be levied and collected for payment of the said bonds and all other bonds payable out of or secured by a pledge of the special tax shall not exceed 4 mills on each dollar of the assessed valuation of all properties subject to taxation by the county as assessed for state taxation and that the said rate of 4 mills on each dollar of the said assessed valuation shall be reduced for each tax year for which the special hospital tax authorized in paragraph G of the amendment to the Constitution known as Section 49–10.40 shall have been levied at a rate exceeding 1 mill on each dollar of the taxable property in the county, any such reduction to be by mill on each dollar of the assessed valuation of the taxable property in the county or by rate of millage equal to the rate by which the said special hospital tax levied for that tax year exceeds one mill on each dollar of the assessed valuation of such taxable property, whichever shall be the lesser reduction. The provisions of this paragraph shall be applicable, however, only to such extent as shall not impair the obligation of any pledges of the special tax heretofore made for the benefit of any bonds issued by the county prior to the adoption of this amendment.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of the special tax for payment thereof.
§49-3.08 | BOND ISSUES FOR GENERAL OBLIGATIONS
Section A.
As used in this amendment the following terms shall be given the following respective meanings:“OUTSTANDING SECURITIES” means any bonds, warrants, notes or other securities issued by the county subsequent to September 30, 1979, and prior to February 1, 1984, that are payable in whole or in part out of proceeds received by the county from the ad valorem tax authorized by Section 215 of the Constitution of Alabama of 1901, as amended.
“OUTSTANDING SPECIAL TAX SECURITIES” means any securities at the time outstanding that are payable in whole or in part out of proceeds of the special tax.
“SPECIAL TAX” means the annual ad valorem tax on each dollar of the assessed valuation of taxable property in the county authorized to be levied by the county by the amendment known as Section 49–3.00, and also provided for in the amendments to the Constitution known as Sections 49–3.03, 49–3.04, 49–3.05, 49–3.06, 49–3.07, and 49–10.40, and by procedures taken under the amendment to the Constitution known as Section 217..
Section B.
Mobile county is hereby authorized to apply proceeds of the special tax to the payment of the principal of and interest on and premium, if any) that will hereafter mature or otherwise become payable on the outstanding securities. The right of the county to apply the proceeds of the special tax for payment of the outstanding securities shall be subject to the provisions of this Constitution respecting the special tax and the pledge thereof for the benefit of the outstanding special tax securities. The proceeds of the special tax may be used for payment of the principal and interest on (and premium, if any) the outstanding securities, whether or not any bonds are issued hereunder.Section C.
Mobile county is hereby authorized to issue from time to time its bonds for the purpose of refunding all or any one or more of the issues of outstanding securities. The aggregate principal amount of all bonds at any time issued under this amendment, when added to the aggregate principal amount of all then outstanding bonds theretofore issued by the county under any other amendment to the Constitution of Alabama that are payable from or secured by the special tax shall not exceed 6 per centum of the assessed valuation of taxable property situated in the county as assessed for county taxation for the fiscal year of the county next preceding that during which any bonds herein authorized shall be issued.No bonds may be issued under the authority of this amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of the county at an election called for that purpose by the governing body of the county and a majority of the said qualified electors voting at the said election shall have voted in favor of the issuance of such bonds; provided, that if a majority of the qualified electors of the county participating in the election on the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for in the first sentence of this amendment and no additional election by the electors of the county shall be required to authorize the issuance of those bonds. If the majority of the qualified electors of the county participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting at any election called by the governing body of the county under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at an election so called, the governing body of the county may from time to time call other elections hereunder on the issuance of such bonds, but not more than one such election shall be held during any period of twelve consecutive months. Any such election called by the governing body of the county shall be called, held, conducted and canvassed, and may be contested, in the manner and within the time provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties.
The bonds issued hereunder shall be general obligations of the county for the payment of the principal of and interest on which the full faith and credit of the county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of the said principal and interest so much of the special tax as may be necessary to pay the said principal and interest at their respective maturities, each such pledge to be on a parity with all valid pledges of the special tax at any time heretofore or hereafter made, to such extent as shall not impair the obligations of any then existing valid prior pledges.
All bonds issued under this amendment may be in such aggregate principal amounts, may be in such form and denominations and of such tenor and maturities, may be payable in such installments and at such time or times, not exceeding in the case of each such bond 30 years from its date, and may contain such provisions not inconsistent with this amendment as shall be provided in the proceedings of the governing body of the county whereunder such bonds shall be authorized to be issued. Except as herein otherwise provided, all bonds issued under this amendment shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in Section 224 of the Constitution.
So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of Mobile county shall continue the levy of the special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities. The rate at which the county may levy the special tax is hereby fixed at 6 mills on each dollar of the assessed valuation of properties subject to taxation by the county as assessed for county taxation, which rate shall be the maximum rate at which the county may levy the special tax except to the extent that the said rate may be increased pursuant to provisions of this constitution hereafter adopted. Such rate shall not be subject to adjustment pursuant to Section 49–10.40.
Section D.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder, the levy of the special tax for payment thereof, or the use of the proceeds of the special tax for the purpose of paying the principal of or interest on the outstanding securities.§49-3.09 | BOND ISSUES FOR MOBILE COUNTY
Section A.
As used in this amendment the following terms shall be given the following respective meanings:“OUTSTANDING WARRANTS” means those two general obligation warrants of the county, each in the principal amount of $1,000,000, dated April 15, 1986 and maturing October 15, 1986, and any of the county’s notes, warrants or bonds issued after October 1, 1986 to refund such general obligation warrants.
“SPECIAL TAX” means the annual ad valorem tax at the rate of 65 one-hundredths of 1 per centum (equivalent to 6 mills on each dollar) of the assessed valuation of the taxable property in the county authorized to be levied by the county by the amendment known as Section 49–3.00, as amended by the amendment to the Constitution known as Section 49–10.42, and also provided for in the Amendments to the Constitution known as Sections 49–3.03, 49–3.04, 49–3.05, 49–3.06, 49–3.07, 49–3.08, and 49–10.40.
Section B.
The county is hereby authorized to issue from time to time its bonds, not exceeding $14,500,000 in aggregate principal amount, of which not in excess of $2,000,000 in aggregate principal amount shall be issued for the purpose of acquiring and improving, alone or in conjunction with other counties or municipal corporations, certain land located in the county for use by the Department of the Navy of the United States of America; not in excess of $2,000,000 in aggregate principal amount shall be issued for the purpose of acquiring and/or developing land, in one or more locations, for use as one or more industrial parks; not in excess of $500,000 in aggregate principal amount shall be issued for the purpose of constructing and equipping an intergovernmental office and service center for agricultural agencies; not in excess of $3,500,000 in aggregate principal amount shall be issued for the purpose of acquiring, constructing and equipping additions and improvements to the present county courthouse building in the county; not in excess of $4,500,000 in aggregate principal amount shall be issued for the purpose of acquiring, constructing and equipping additions and improvements to the present county jail facilities in the county; and not in excess of $2,000,000 in aggregate principal amount shall be issued for the purpose of refunding all or any portion of the outstanding warrants.Section C.
The county is hereby authorized to issue from time to time its bonds for the purpose of refunding all or any portion of any obligations of the county outstanding as of October 1, 1986 which are payable out of the proceeds of the special tax. Such bonds may be issued in any principal amount so long as the net proceeds of the sale thereof, after payment of expenses of issuance and sale thereof, do not exceed the principal amount of the obligations to be refunded. Part of the cash proceeds paid to the county at the time of the sale of any such refunding bonds as a result of decreased debt service may be used by the governing body of the county to finance salary increases or bonuses for employees of the county, not to exceed five percent (5%) across the board for all employees.Section D.
The aggregate principal amount of all bonds at any time issued under this amendment, when added to the aggregate principal amount of all then outstanding bonds theretofore issued by the county under any other amendment to the Constitution of Alabama that are payable from or secured by the special tax shall not exceed 6 per centum of the assessed valuation of the taxable property situated in the county as assessed for state taxation for the state tax year next preceding that during which any bonds herein authorized shall be issued.No bonds may be issued under the authority of this amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of the county at any election called for that purpose by the governing body of the county and a majority of the said qualified electors voting at the said election shall have voted in favor of the issuance of such bonds; provided, that if a majority of the qualified electors of the county participating in the election at which this amendment is voted on and voting on the question of the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for in this amendment and no additional election by the electors of the county shall be required to authorize the issuance of the said bonds. If the majority of the qualified electors of the county participating in the election at which this amendment is voted on and voting on the question of the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting at any election called by the governing body of the county under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at an election so called, the governing body of the county may from time to time call other elections hereunder on the issuance of such bonds, but not more than one such election shall be held during any period of twelve consecutive months. Any such election called by the governing body of the county shall be called, held, conducted and canvassed, and may be contested, in the manner and within the time provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties.
The bonds issued hereunder shall be general obligations of the county for the payment of the principal of and interest on which the full faith and credit of the county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of the said principal and interest so much of the special tax as may be necessary to pay the said principal and interest at the respective maturities of such bonds, each such pledge to be on a parity with all valid pledges of the special tax at any time heretofore or hereafter made, to such extent as shall not impair the obligation of any than existing valid prior pledges.
Bonds may be issued under this amendment in one or more series, and may bear interest which is tax exempt under the laws of the state of Alabama and the United States of America or which is not exempt from such taxation. Bonds issued hereunder may be sold at either public or private sale in such manner, at such price or prices and at such time or times as may be determined by the governing body of the county to be most advantageous. The principal of each series of bonds issued under this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of that series and the last of which shall mature not later than thirty (30) years after the date of the bonds of that series and otherwise may mature in such amounts during each fiscal year of the county as the governing body of the county shall determine, without regard to the limitations set forth in the amendment to the Constitution known as Section 49–3.00; provided, that the maturities of each series of bonds issued under this amendment shall be arranged so that the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and also all other bonds theretofore issued by the county and then outstanding that are payable out of or secured by a pledge of the special tax, shall not exceed the amount of the proceeds collected from the special tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued under this amendment shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in section 224 of the Constitution.
The governing body of the county shall comply with the provisions of the state of Alabama competitive bid law (section 41–16–20, et seq., Code of Alabama of 1975), to the extent such law is applicable.
Section E.
So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of the county shall continue the levy of the special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities; provided, that the total rate of the special tax that may be levied and collected for payment of the said bonds and all other bonds payable out of or secured by a pledge of the special tax shall not exceed the rate at which the county may levy the special tax as fixed under the amendment to the Constitution known as Section 49–3.08, except to the extent that the said rate may be increased pursuant to provisions of this Constitution hereafter adopted. Such rate shall not be subject to adjustment pursuant to the provisions of the amendment to the Constitution known as Section 49–10.40.Section F.
This amendment is not intended to ratify or validate any contractual arrangements heretofore or hereafter entered into with respect to the sale of any bonds issued and sold hereunder.Section G.
The provisions of this amendment shall be self-executing, and authorization from, or other action by, the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of the special tax for payment thereof.§49-3.10 | INVESTMENT OF MUNICIPAL AND COUNTY FUNDS
In addition to any investments or obligations provided for by general law, any municipal or county funds not needed for other purposes may be invested in the procurement of secured repurchase agreements, secured commercial paper and secured banker’s acceptance, invested overnight and invested in higher yield rates of return for more flexible maturities.
§49-3.11 | BOND ISSUES FOR LAND AND CAPITAL IMPROVEMENTS
§49-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§49-5.00 | SIXTEENTH SECTION SCHOOL LANDS
§49-6.00 | BUDGET OF PUBLIC HOSPITAL BOARD
B. The board is hereby authorized and directed to prepare a budget for each of its fiscal years setting forth (a) the estimated amount of all expenditures that the board anticipates making during such fiscal year for payment of administering, operating and maintaining any public hospital facilities owned or managed by the board, including expenses for treatment and care of indigent patients, payment of rentals with respect to any such public hospital facilities, payment of costs of the acquisition and equipment of public hospital facilities, and payment of installments of principal and interest, or either, maturing during that fiscal year on obligations incurred or securities issued by the board for any of the aforesaid purposes; and (b) the estimated amount of all moneys that the board anticipates receiving during the same fiscal year and that the board has the right lawfully to apply for payment of the estimated expenditures set forth in the same budget, including revenue of the board from the operation of any public hospital facilities owned or operated by it, and any donations, taxes, appropriations, contributions by the United States and any income or receipts from any other source that the board has the right lawfully to use for payment of the said expenditures. Whenever the board shall determine that the estimated amount of the said expenditures during any fiscal year will exceed the estimated amount of the said receipts during any fiscal year, as shown by the budget for that fiscal year, then the board shall have the power to allocate the said deficit among Mobile county and each participating municipality, the amount allocated to each local subdivision being a sum constituting the same proportion of the total of the said deficit that the population of that local subdivision bears to a figure equal to the population of the entire of Mobile county plus the population of each participating municipality, all such population figures to be based on the last federal census or any subsequent federal or other official census, and shall have the power to assess, levy and collect from Mobile county and each participating municipality a sum equal to the portion of the deficit allocated by the board to each local subdivision, which sum shall be payable to the board by each local subdivision in twelve (12) equal monthly installments on the first day of each month in the fiscal year with respect to which the said budget was made; provided, however, that if a special annual ad valorem county tax for public hospital purposes shall be voted in Mobile county, then the power of the board to allocate any deficit among the local subdivisions and to assess, levy, and collect the amounts so allocated shall terminate after payment of the monthly installment falling due on the January 1 next succeeding the October 1 on which any such ad valorem tax so voted shall first be payable. The assessments and levies that the board is herein authorized to make, shall constitute binding obligations and debts of the local subdivisions collectible by suit or action brought by the board in any court of competent jurisdiction; but such obligations on the part of the aforesaid local subdivisions shall not be deemed to constitute debts of any local subdivision within the meaning of either section 224 or section 225 of the Constitution. The legislature shall have the continuing power by local or special legislation adopted at any time and from time to time, and without compliance with the provisions of section 106 of the Constitution, to specify the character and the maximum capacity or size of the public hospital facilities with respect to which items of expenditure may be included in any budget prepared by the board hereunder. Any such legislation adopted prior to the effective date of this amendment is hereby validated. The requirements of this amendment, and of any such legislation at any time adopted, as to the character and capacity or size of the public hospital facilities with respect to which items of expenditures may be included in any budget prepared by the board hereunder shall cease to be effective upon the termination, under the provisions hereof, of the power of the board to make allocation of the aforesaid deficit among the local subdivisions.
C. The 1955 board is hereby authorized to transfer to the board, and the board is hereby authorized to assume, all assets, contracts, properties, obligations and liabilities of the 1955 board. The corporate existence of the 1955 board and all of its acts in acquiring property, making contracts and incurring obligations and liabilities are hereby validated; and the transfer by the 1955 board to the board of all of the said assets, contracts, properties, obligations and liabilities and the assumption of all thereof by the board, to such extent as the said transfer and assumption shall have taken place on the date when this amendment becomes a part of the Constitution, are hereby validated. Following the completion of such transfer and assumption, the governing body of Mobile county is authorized to adopt a resolution declaring the 1955 board to be dissolved, whereupon it shall be dissolved.
D. Bonds and other securities issued by the board shall not be deemed to constitute debts of Mobile county within the meaning of section 224 of the Constitution or debts of any participating municipality within the meaning of section 225 of the Constitution, and shall not be deemed to constitute bonds of Mobile county or of any political subdivision thereof within the meaning of section 222 of the Constitution, regardless of whether any such bonds or other securities may be made payable from, or secured by a pledge of, the assessments herein provided for, the proceeds of any contract between the board and any local subdivision, all or part of the proceeds from any tax of any kind that may be allocated or appropriated to the board, revenues from operation of public hospital facilities owned or operated by the board, or any other revenues of the board. All pledges of any revenues of the board that may be made by it for the benefit of any securities issued by it shall take precedence in the order in which made and shall create a charge on the revenues so pledged prior to the expenses of operating and maintaining any public hospital facilities.
§49-7.00 | OPERATION OF BINGO BY NONPROFITS
(b) No bingo permit or license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 12 months immediately prior to the issuance of the permit or license;
(c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;
(d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;
(e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;
(f) Prizes given by any qualified nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value, set by the legislature, during any bingo session. The legislature shall set a maximum amount for any calendar week;
(g) No person or organization, by whatever name or composition thereof, shall take any expenses for the operation of a bingo game except as permitted by law.
§49-8.00 | CERTAIN PUBLIC OFFICIALS
§49-8.01 | SHERIFF
§49-8.20 | ESTABLISHMENT OF PENSION OR RETIREMENT SYSTEM
§49-8.21 | FORMER COUNTY AND MUNICIPAL OFFICERS
§49-8.22 | HEALTH INSURANCE PLAN FOR RETIRED EMPLOYEES
§49-8.23 | INVESTMENT OF POLICEMEN’S AND FIRE FIGHTERS' PENSION FUND CAPITAL AND INCOME
§49-8.24 | PARTICIPATION OF SHERIFF’S EMPLOYEES
§49-8.40 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§49-9.00 | CONTROL OF DANGEROUS DOGS
§49-10.00 | OCCUPATIONAL TAX PROHIBITED
§49-10.01 | PEST CONTROL PURPOSES
§49-10.20 | PROPERTY TAX FOR EDUCATIONAL PURPOSES
§49-10.21 | SPECIAL PROPERTY TAX FOR SCHOOL CAPITAL OUTLAY PURPOSES
The power to levy, granted by this amendment, will not be exhausted by one election but shall remain a continuing grant unless and until it be repealed by subsequent Constitutional action.
Should, at any election by the qualified electors of Mobile county held hereunder, as hereinbefore provided for, the proposal to tax be defeated; the proposal to tax may be renewed and another election had at any time, upon complying with the requisites of law for the calling of such elections; provided, however, that no such subsequent election may be had within one year after the election in which the proposal was defeated.
This amendment shall be self-executing and shall require no enabling legislation.
§49-10.22 | EDUCATION FIRST AMENDMENT
Section I.
This amendment shall be entitled the “Education First Amendment.”Section II.
As used in this amendment, the following terms shall be given the following respective meanings:(2) “Property Tax” means an ad valorem tax on the value of taxable property, as assessed for state taxation during the preceding tax year; provided, however, that such tax shall not be levied and assessed against any private passenger automobiles or motor trucks of the type commonly known as “pickups” or “pickup trucks” owned and operated by an individual for personal or private use and not for hire, rent, or compensation.
(3) “Sales and Use Tax” means a privilege or license tax levied on account of business activities, in an amount determined by application of applicable rates against gross sales or gross receipts, or an excise tax on storage, use, or other consumption of tangible personal property, as the case may be, which shall parallel, except for the rate of the tax, the state sales and use taxes levied pursuant to Chapter 23, Title 40, of the Code of Alabama 1975, as the same may be amended from time to time; provided, that in the event of the repeal of the statutes imposing the state sales and use taxes, the sales and use tax levied hereunder shall apply to and be imposed upon every person upon whom, had it not been for such repeal, the state sales and use taxes would have been levied.
Section III.
In addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, there is hereby levied and shall be collected a tax, the proceeds of which shall be used exclusively for public school purposes in Mobile County, including, without limitation, the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes. The taxes levied hereunder shall be determined as provided in Section 4 of this amendment and shall be:b. a property tax at the rate of 8 mills on each $1 on all property located within the corporate limits of the City of Mobile and the City of Prichard in Mobile County and an additional motor fuel tax in such jurisdictions at the rate of two cents ($.02) per gallon.
b. a property tax at the rate of 4 mills on each $1 on all property located outside the corporate limits of the City of Mobile and the City of Prichard in Mobile County and a sales and use tax at the rate of one-half percent (.5%) on account of business activities in areas of Mobile County outside the City of Mobile and the City of Prichard.
Section IV.
The taxes levied hereunder shall be determined by referendum to be held in Mobile County simultaneously with the referendum on the approval of this amendment. The question shall be submitted to the qualified voters of Mobile County, in a referendum separate from and in a position on the ballot immediately following the proposition on the approval of this amendment, in the following form:“If the Education First Amendment is approved by the voters, which of the following taxes to be levied for public school purposes do you favor? Vote for one.Question (2)
“FOR a property tax at the rate of 12 mills on each $1 on all property located within the corporate limits of the City of Mobile and the City of Prichard in Mobile County; or
“FOR a property tax at the rate of eight mills on each $1 on all property located within the corporate limits of the City of Mobile and the City of Prichard in Mobile County and an additional motor fuel tax at the rate of two cents ($.02) per gallon in those jurisdictions.
The foregoing question shall be submitted to and voted on only by the electors residing in the Cities of Mobile and Prichard in Mobile County.”
“If the Education First Amendment is approved by the voters, which of the following taxes to be levied for public school purposes do you favor? Vote for one.
“FOR a property tax at the rate of 12 mills on each $1 on all property located outside the corporate limits of the City of Mobile and the City of Prichard in Mobile County; or
“FOR a sales and use tax at the rate of one-half percent (.5%) in all areas located outside the corporate limits of the Cities of Mobile and Prichard in Mobile County and a special ad valorem tax at the rate of four mills on each $1 on property located in all areas of the county outside the corporate limits of the Cities of Mobile and Prichard.”
The taxes shall be levied upon approval of this amendment and in accordance with the results of the referenda provided for in this section. Failure of a person to vote on such question shall not affect the vote of that person on the question of the approval of this amendment. Likewise, the vote cast or the failure of a voter to vote on the approval of this amendment shall not affect his or her vote on the foregoing questions.
The judge of probate shall develop the two separate ballots to be submitted to each group of voters.
Section V.
Any property tax levied hereby shall be levied each year, without limit as to time, effective with the tax year commencing October 1, 2000, which tax is due and payable October 1, 2001; provided, that if this amendment is approved and proclaimed ratified later than September 30, 2001, it shall be effective with the first tax year as to which taxes become payable after the date it is proclaimed ratified. Except as to the exemption from such tax as provided in Section 2, such tax shall be assessed and collected in the same manner as all other ad valorem taxes with respect to property in Mobile County. Notwithstanding the foregoing, any property annexed into the corporate limits of the City of Mobile or the City of Prichard shall not be subject to the 12–mill or eight-mill additional ad valorem tax levied pursuant to the proposition in question (1) in Section 4 for a period of five years after annexation. During that five years, such property shall be subject to the same amount of ad valorem tax as is levied on property located outside the corporate limits of the City of Mobile and the City of Prichard.Section VI.
Any sales and use tax levied hereby shall be without limit as to time and shall be effective at the beginning of the third month following the month in which this amendment is proclaimed ratified. Any sales and use tax levied hereunder shall be administered and collected by the governing body of Mobile County or by such other officials to whom such duties may be delegated by the governing body of Mobile County from time to time. Any procedure or provision involving the State Department of Revenue which is incorporated herein by reference to the statutes imposing the state sales and use taxes shall be deemed to apply, with respect to the sales and use tax levied hereby, to the officer charged with the duty of administering and collecting such tax by the governing body of Mobile County. The governing body of Mobile County is hereby authorized to take such action as shall be necessary and appropriate to provide for the administration and collection of any sales and use tax levied hereby, including, without limitation, provisions for the making of returns or reports, the contents of returns or reports, collection and payment of taxes, keeping of records, penalties, assessments, and notices and examinations of taxpayers and their books, but all such provisions shall be parallel to the corresponding procedures with respect to the state sales and use taxes to the extent practicable. The proceeds of such tax, net of costs of collection, shall be paid to the Board of School Commissioners of Mobile County or its successors.Section VII.
Any motor fuel tax levied hereby shall be effective at the beginning of the third month following the month in which this amendment is proclaimed ratified.Section VIII.
The provisions of this amendment shall be self-executing, and authorization from or any other action by the Legislature or the governing body of Mobile County shall not be a prerequisite to the levy or collection of the taxes provided for herein or the use of the proceeds thereof for public school purposes in Mobile County.Section IX.
The actions and authority conferred by this constitutional amendment, specifically including, without limitation, the tax or taxes levied hereby and the method of determining the tax or taxes to be levied, are in all things validated and confirmed, any provision or provisions of the Constitution of Alabama of 1901, or any other laws of the state to the contrary notwithstanding, and to the extent that the provisions of this amendment may be inconsistent with provisions of any other provision or provisions of the Constitution of Alabama of 1901, or any other laws of the state, the provisions of this amendment shall control.§49-10.40 | SPECIAL TAX FOR PUBLIC HOSPITAL PURPOSES
B. If authorized by the vote of the majority of the qualified electors of Mobile county who participate in any election called for the purpose, the governing body of Mobile county must, subject to and in accordance with the provisions of this amendment, levy and collect, in addition to all other taxes authorized by law, a special annual ad valorem county tax at a rate not exceeding six mills on each dollar of taxable property in Mobile county, the proceeds from which shall be used solely for public hospital purposes.
C. If a majority of the qualified electors of Mobile county participating in the election on the adoption of this amendment shall vote for adoption of this amendment, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the special tax and in that event no additional election by the voters of Mobile county shall be required to authorize the levy of the special tax. If the majority vote at any election held hereunder is not in favor of the levy of the tax, or if at any such election the special tax shall be voted at a rate of less than six mills on each dollar of taxable property in Mobile county, then the governing body of Mobile county may from time to time thereafter call other elections hereunder on the levy of the special tax or on the increase of the rate thereof, up to but not exceeding six mills on each dollar of taxable property, and must call any such election within three months after the receipt by the said governing body of a petition for the calling of such election signed by not less than five percent of the qualified electors of Mobile county; provided, however, that not more than one election upon the levy of the special tax or upon the increase in the rate thereof, up to but not exceeding six mills as aforesaid, shall be held during any period of twelve consecutive months. After the special tax shall have been levied for a period of five years, the governing body of Mobile county may from time to time thereafter call other elections hereunder on the question of the discontinuance of the tax or a reduction in the rate thereof, such discontinuance or reduction to become effective for the tax year of the county next succeeding the tax year during which any obligations of the board that may be outstanding at the time of the election and that are payable out of or secured by any part of the special tax shall be finally retired; and after said five year period, the said governing body must call an election on the question of said discontinuance or reduction within three months after receipt by the said governing body of a petition for such election signed by not less than five percent of the qualified electors of Mobile county. If a majority of the qualified electors of Mobile county voting in any election upon the discontinuance of the special tax or reduction of the rate thereof should vote in favor of such discontinuance or reduction, then the special tax shall be discontinued or its rate reduced, as the case may be, such discontinuance or reduction to become effective for the tax year next succeeding the tax year when any of the aforesaid obligations outstanding at the time of the election shall be retired; provided, however, that not more than one election upon the discontinuance of the special tax or a reduction in the rate thereof shall be held during any period of twelve consecutive months. If the special tax shall be discontinued or its rate reduced pursuant to any election held hereunder, its levy or an increase in its rate up to the aforesaid maximum of six mills may be authorized at a subsequent election or elections held hereunder, and the special tax may thereafter again be discontinued or reduced in rate pursuant to subsequent election or elections held hereunder, it being the intention hereof that the power of the governing body of Mobile county to call elections hereunder, and its duty to call them upon receipt of petition as herein provided, shall be continuous, subject only to the requirement that not more than one election may be held hereunder during any period of twelve consecutive months. All elections held under the provisions of this amendment shall be called, held, conducted, and canvassed in such manner as the governing body of Mobile county shall prescribe.
D. Not later than February 1 in each tax year for which the special tax may be authorized hereunder to be levied, the board will certify to the governing body of Mobile county the rate of the special tax, not exceeding the rate at the time authorized by vote of the qualified electors of Mobile county as herein provided, that the board has determined should be levied in order to supply the funds needed for public hospital purposes during the next ensuing fiscal year of the board. During the month of February in each such tax year the governing body of Mobile county shall levy the special tax at such rate as may be certified by the board to be necessary, up to but not exceeding the rate then authorized as aforesaid, and the special tax so levied shall be due and payable on the then ensuing October 1. If the board should fail to make such certification with respect to the rate to be levied in any tax year, the governing body of Mobile county shall levy the special tax for that tax year at the maximum rate then authorized by vote of the qualified electors of the county as herein provided. All moneys derived from the collection of the special tax shall be paid over to the board as received and used by the board for public hospital purposes in the county. The board may anticipate the proceeds from the special tax by issuing for any one or more public hospital purposes the bonds, warrants, or other securities, of the board and may pledge for payment of the principal thereof and interest thereon not exceeding 75% of the annual proceeds from the special tax. All such pledges of the special tax shall take precedence in the order in which they are made and shall create a charge on the special tax prior to the expenses of operating and maintaining any public hospital facilities. Bonds and other securities issued by the board, including those that may be issued in anticipation of the special tax and also any other securities issued by the board, shall not be deemed to constitute debts of Mobile county within the meaning of section 224 of the Constitution and shall not be construed to be bonds of the county or of any political subdivision thereof within the meaning of section 222 of the Constitution.
E. The rate of ad valorem taxation for general municipal purposes that is at the time otherwise permitted by the Constitution to each particular municipal corporation in Mobile county shall be reduced for the tax year of the municipality next succeeding any tax year of Mobile county for which the special tax shall have been levied at a rate exceeding one and one-half mills on each dollar of taxable property in the county, any such reduction to be by a rate of millage equal to the rate by which the special tax levied for that tax year exceeds one and one-half mills on each dollar of such taxable property or by one and one-half mills on each dollar of taxable property in the county, whichever shall be the lesser reduction.
F. The rate of ad valorem taxation for general county purposes that is at the time otherwise permitted to Mobile county by the Constitution shall be reduced, for any tax year for which the special tax shall be levied, any such reduction to be by the same rate of millage at which the special tax shall be levied for the same tax year or by one mill on each dollar of taxable property in the county, whichever shall be the lesser reduction.
G. The rate of that certain ad valorem tax authorized by Section 49–3.00, as amended, and provided for also in those certain amendments to the Constitution known as Sections 49–3.02, 49–3.03, 49–3.04, 49–3.05, and 49–3.06 shall be reduced, for each tax year for which the special tax shall have been levied at a rate exceeding one mill on each dollar of taxable property in the county, any such reduction to be by one-half mill on each dollar of taxable property in the county or by a rate of millage equal to the rate by which the special tax levied for that tax year exceeds one mill on each dollar of such taxable property, whichever shall be the lesser reduction.
H. Mobile county and each municipal corporation therein are hereby prohibited from making any appropriation or payment to the board during any tax year of the county in which the special tax shall be collected, except to provide funds for constructing and equipping public hospital facilities, unless any such appropriation or payment shall have been authorized by a majority of the qualified electors of the political subdivision proposing to make such appropriation or payment at an election held on the question in the said political subdivision.
§49-10.41 | SPECIAL PROPERTY TAX FOR PUBLIC HOSPITAL PURPOSES
If a majority of the qualified electors of Mobile county who participate in the election held on the adoption of this amendment vote in favor thereof, the governing body of Mobile county must levy and collect the special tax as herein authorized at the maximum rate specified for each of the four tax years next ensuing.
If a majority of the qualified electors of Mobile county voting on this amendment vote against its adoption, the governing body of Mobile county may thereafter from time to time call other elections on the question of levying the special tax as herein authorized and must call such an election within three months after receipt by the said county governing body of a petition signed by not less than five percent of the qualified electors of Mobile county. After the special tax herein authorized shall have been levied for a period of four years, the governing body of Mobile county shall, on petition signed by not less than five percent of the qualified electors of the county, call an election on the question of discontinuance of the tax. If a majority of the electors voting upon the question shall vote in favor of discontinuance of the tax then the special tax shall be discontinued at the end of the tax year following the election. Such elections shall be called, held, conducted and canvassed in such manner as the governing board of Mobile county shall provide.
The county governing body and any city or town of Mobile county may from time to time appropriate county or municipal funds, as the case may be, for the use and benefit of any public hospital located in the county.
§49-10.42 | CHANGE IN PURPOSES OF LEVY AND DISTRIBUTION OF SPECIAL TAX AUTHORIZED BY SECTIONS 49–3.00, 49–3.03 TO 49–3.06, INCLUSIVE, AND 49–11.20
“Special tax” means the annual ad valorem tax at the rate of of 1 per centum (equivalent to 5 mills on each dollar) of the assessed valuation of the taxable property in the county authorized to be levied by the county by the amendment known as Section 49–3.00, as amended, and also provided for in the amendments to the Constitution known as Sections 49–3.03, 49–3.04, 49–3.05, 49–3.06, and 49–3.40.
(b) 4 mills on each dollar (equivalent to of 1%) of the said assessed valuation shall be levied for payment of the principal of and interest on all bonds of the county heretofore and hereafter issued that are payable out of or secured by a pledge of the special tax; provided, that the said rate of 4 mills on each $1.00 of the said assessed valuation shall be reduced for each tax year for which the special hospital tax authorized in paragraph G of the amendment to the Constitution known as Section 49–10.40 shall have been levied at a rate exceeding 1 mill on each dollar of the taxable property in the county, any such reduction to be by mill on each dollar of the assessed valuation of the taxable property in the county or by rate of millage equal to the rate by which the said special hospital tax levied for that tax year exceeds one mill on each dollar of the assessed valuation of such taxable property, whichever shall be the lesser reduction.
§49-11.00 | DRAINAGE SYSTEMS, PUBLIC ROADS, AND SEAWALLS; BALDWIN AND MOBILE COUNTIES
§49-11.01 | WATER AND SEWER SYSTEM
(b) Upon transfer of its assets and liabilities pursuant to subsection (a), the Water Works and Sewer Board of the City of Prichard shall be dissolved.
(c) The rates for water and sewer service to existing customers of Mobile Area Water and Sewer System shall not be increased at any time for reasons related to the acquisition or maintenance of the assets, liabilities, or infrastructure of the Water Works and Sewer Board of the City of Prichard.
(d) Notwithstanding ratification of this amendment in accordance with applicable state law, this amendment shall not be effective and the actions, including, but not limited to, the transfer of assets and liabilities in subsections (a) and (b), shall not take place unless both of the following have occurred:
(2) A favorable vote by the majority of those persons who reside and voted in precincts any part of which are serviced by the Water and Sewer Board of the City of Prichard.
§49-11.02 | WATER AND SEWER SYSTEM TRANSFERRED
(b) Upon transfer of its assets and liabilities pursuant to subsection (a), the Water Works and Sewer Board of the City of Prichard shall be dissolved.
(c) The rates for water and sewer service to existing customers of the Mobile Area Water and Sewer System shall not be increased at any time for reasons related to the acquisition or maintenance of the assets, liabilities, or infrastructure of the Water Works and Sewer Board of the City of Prichard.
§49-11.20 | FIRE PROTECTION PURPOSES
§50-2.00 | GENERAL AUTHORITY
§50-2.20 | JUDGE OF PROBATE COMPENSATION, DUTIES, AND OFFICE
(b) The Monroe County Commission shall provide for operating expenses of the office of the judge of probate. All employees of the judge of probate on the effective date of this amendment shall be transferred to the employment of the county at the rate of pay and level of seniority of each employee on that date.
(c) All fees, commissions, allowances, percentages, and other charges allocated to the Judge of Probate of Monroe County shall be collected, but shall be paid into the general fund of Monroe County.
(d) The judge of probate shall perform all duties relating to the issuance of motor vehicle license plates in the county and shall perform all duties relating to the assessment and collection of ad valorem taxes on motor vehicles, which have been performed by the revenue commissioner prior to the effective date of this amendment. The revenue commissioner is relieved of all duties and responsibilities relating to the assessment and collection of taxes on motor vehicles. The judge of probate shall receive the commissions and fees currently allocated to the revenue commissioner for performing these functions, and these fees and commissions shall be deposited in the county general fund. Reporting and remitting of the collections of these fees shall be made by the judge of probate or as otherwise required by law.
(e) This amendment, upon its ratification, shall become effective the beginning of the next term of office of the judge of probate in January 2019.
§50-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§50-10.20 | SPECIAL TAX FOR EDUCATIONAL PURPOSES
§50-10.40 | TAX FOR TOBACCO PRODUCTS
(2) An amount equal to thirty cents ($0.30) for each package of 21 to 25 cigarettes sold within the county.
(3) An amount equal to one cent ($0.01) for each cigar of any description made of tobacco or any substitute for a cigar sold in the county.
(4) An amount equal to twenty-five cents ($0.25) for the first two ounces and twenty-five cents ($0.25) for each additional ounce or fraction of an ounce contained in each individual package or can of smoking tobacco which is sold within the county.
(5) An amount equal to twenty-five cents ($0.25) for the first two ounces and twenty-five cents ($0.25) for each additional ounce or fraction of an ounce contained in each individual package or can of smokeless tobacco or snuff which is sold within the county.
(c) Every person, firm, corporation, club, or association that sells, stores, or receives for the purpose of selling or storing in Monroe County, any cigarettes, cigars, snuff, and smoking tobacco products shall add the amount of the license or privilege tax to the price of each product. It is the purpose and intent of this amendment that the tax required is, in fact, a levy on the consumer with the person, firm, corporation, club, or association that sells or stores or receives for the purpose of distributing the cigarettes, cigars, snuff, and smoking tobacco products acting merely as an agent for the collection of the tax. The dealer, storer, or distributor shall state the amount of the tax separately from the price of the cigarettes, cigars, snuff, and smoking tobacco products on all price display signs, sales or delivery slips, bills, and statements which advertise or indicate the price of the cigarettes, cigars, snuff, and smoking tobacco products.
(d) It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in the business in Monroe County for which the tax is required to fail or refuse to add to the sales price and collect from the purchaser the amount due on account of the tax, to refund or offer to refund all or any part of the amount collected, or absorb, or advertise directly or indirectly the absorption of, the tax or any portion thereof. Any person, firm, corporation, club, or association violating this subsection shall be subject to a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500). Each act in violation of this subsection shall constitute a separate offense.
(e)
(2) The tax imposed by this amendment shall be paid by affixing stamps that are required for the payment of the tax imposed by Sections 40–25–1 to 40–25–29, inclusive, Code of Alabama 1975.
(3) The department shall have the same duties relative to the preparation and sale of stamps to evidence the payment of the tax that it has relative to the preparation and sale of stamps under Sections 40–25–1 to 40–25–29, inclusive, Code of Alabama 1975. The department may exercise the same powers and perform the same duties in the same manner relative to the collection of the tax imposed by this amendment that it does relative to the collection of that tax, as long as it is authorized and directed to do so under the resolution adopted by the commission.
(4) In accordance with Section 40–25–2, Code of Alabama 1975, in the event tobacco stamps are not available for affixing to tobacco products packages and containers, or by the authority of a duly promulgated regulation eliminating the requirement of affixing county tobacco stamps, the Commissioner of the Department of Revenue may require a monthly report in lieu of stamps to report the amount of tax due. The monthly report shall be in a form approved by the commissioner and adopted by the department under the Alabama Administrative Procedure Act, Title 41, Chapter 22 of the Code of Alabama 1975.
(5) The department may promulgate and enforce rules to effectuate the purposes of this amendment. All rules duly promulgated shall have the same force and effect of law.
(g) The proceeds from the tax imposed, less the amount or percentage of the actual cost of collection as may be agreed upon by the commissioner and the Monroe County Commission, shall be distributed to the Monroe County General Fund.
(h) This amendment shall not be construed to apply to cigarettes, cigars, snuff, smoking tobacco, and like tobacco products stored by a wholesale dealer for the purpose of resale or reshipment outside of the county which are actually resold or reshipped.
§50-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
The county commission is further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services.
Commencing with the levy for the tax year for which taxes will become due and payable on October 1, 1989, there is hereby levied, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a fire protection tax of three mills. The fire protection tax levied herein shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Monroe county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be paid into the county general fund and used in furtherance of fire protection and for rescue squads within the affected area. Prior to the levy of the fire protection tax in said county, there shall be submitted to the electors of said county, at a special election called for that purpose in said county, the question of whether the said tax shall be levied, and the said tax shall be authorized at such election by a majority of the qualified electors within the said county who vote at such election.
Elections on the question of the levy of a fire protection tax in said county may be held at any time and from time to time, provided, that if any such election held after the ratification of this amendment the proposal to levy the tax so submitted should be defeated then the proposal may not be submitted at another election held in said county within two years from the last election held under this amendment.
§51-2.00 | GENERAL AUTHORITY
§51-2.20 | JUDGE OF PROBATE QUALIFICATIONS AND JURISDICTION
(b) The Judge of Probate of Montgomery County may exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Montgomery County if the judge of probate is an attorney licensed to practice law in the State of Alabama. In any case subject to this amendment, the judge of probate shall possess the power and authority of a circuit court judge trying the case and the case shall be treated in all respects in the same manner as a case filed in circuit court. The Alabama Rules of Civil Procedure shall apply in the cases except as otherwise specifically provided by law. This amendment is self-executing, but the Legislature may enact additional laws to implement this amendment if needed.
§51-4.00 | MONTGOMERY COUNTY
In carrying out the purposes of this amendment, neither Montgomery County nor the City of Montgomery shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Montgomery County or by the City of Montgomery, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.
Neither Montgomery County nor the City of Montgomery shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Montgomery County or the City of Montgomery is at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the City of Montgomery, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Montgomery County or the City of Montgomery.
§51-5.00 | ELECTION OF MEMBERS
§51-7.00 | OPERATION OF BINGO BY NONPROFITS
(b) No bingo permit or license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 12 months immediately prior to the issuance of the permit or license;
(c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. if the premises is leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;
(d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;
(e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;
(f) Prizes given by any qualified nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value, set by the legislature, during any bingo session. The legislature shall set a maximum amount for any calendar week.
(g) No person or organization, by whatever name or composition thereof, shall take any expenses for the operation of a bingo game except as permitted by law.
§51-8.00 | CERTAIN PUBLIC OFFICIALS
§51-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§51-8.21 | PARTICIPATION IN RSA BY SHERIFF
§51-8.22 | PARTICIPATION IN RSA BY COUNTY COMMISSION MEMBERS
§51-8.23 | MAYORS; PARTICIPATION IN RSA
§51-10.20 | SPECIAL TAX FOR HOSPITAL AND PUBLIC HEALTH PURPOSES
§51-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
§51-11.01 | FIRE PROTECTION PURPOSES
In addition to all ad valorem taxes levied for fire protection, the Montgomery County Commission may levy and collect a special ad valorem tax, not to exceed five mills in any year on each dollar of assessed value of the property taxed, on property in the unincorporated area of Montgomery County for the purpose of providing fire protection in the unincorporated area of Montgomery County.
The tax provided in this act shall be levied, collected, administered, and enforced at the same time, in the same manner, and under the same requirements and laws as state ad valorem taxes. The officials collecting or assessing the tax shall be entitled to the same fees and compensation as are provided for collecting and assessing ad valorem taxes. The proceeds of the tax shall be paid into the county general fund. Within thirty days after payment into the county general fund, the Montgomery County Commission shall pay the funds to the Montgomery County Association of Volunteer Firefighters, hereafter referred to as the county association. The county association shall distribute the funds as follows:
In order to be an eligible volunteer fire department for purposes of this act, a volunteer fire department shall be in good standing with the Montgomery County Association of Volunteer Firefighters.
Funds disbursed to eligible volunteer fire departments pursuant to this act shall be expended only for fire protection and emergency medical services, including but not limited to, training, supplies, buildings, capital improvements, equipment, insurance, professional services, and dues. The funds shall not be expended for food, drink, social activities, or fund-raising activities. After receiving the funds, the volunteer fire departments shall keep accurate records to verify that the funds are properly expended. By September 15th of each year, the department shall file a report with the county association detailing the expenditure of all funds during the previous twelve months and setting out a schedule of all proposed projects. The filing shall account for all unspent funds and whether unspent funds have been obligated. Unspent funds that have not been obligated which exceed the amount of total receipts paid to the department for the prior year from this tax shall be returned to the county association for redistribution equally among the other fire departments. The county association shall supply the accounting forms to each eligible volunteer fire department. The copy of the year-end report shall be filed with the county commission and shall be audited by the Examiners of Public Accounts of the state on the same basis as county funds are audited.
Upon dissolution or abandonment of an eligible volunteer fire department, all remaining funds derived from this act or assets purchased with the funds derived from this act shall be transferred to the county association.
Prior to the levy of the fire protection tax in the unincorporated areas of county, there shall be submitted to the electors at a special election called for that purpose in the county, the question of whether the tax shall be levied. If a majority of the qualified electors within the unincorporated area of the county who vote at the election approve the tax, the tax shall be effective and levied. If a majority of the qualified electors within the unincorporated area of the county who vote at the election do not approve the tax, the tax shall not be effective and shall not be levied.
Elections on the question of the levy of a fire protection tax in the county may be held at any time and from time to time. Notwithstanding the foregoing, if at an election held after the ratification of this amendment the proposal to levy the tax so submitted is defeated, then the proposal may not be submitted at another election held in the county within two years from the last election held under this amendment.
(2) 30 percent shall be divided according to a percentage based upon the monies collected in a fire district compared to the total monies collected. The county association shall notify the Revenue Commissioner within 30 days after this act becomes operative of the designated fire districts. The boundaries of the fire districts may be rearranged at the discretion of the county association as they deem necessary, from time to time, to maximize fire protection services in the county.
(3) Ten percent of the money shall be designated as discretionary fund of the county association to be used for any expenditure otherwise allowable under this act.
§51-11.02 | FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES
(b) The governing body of any incorporated municipality in Montgomery County to which this amendment applies may levy and impose a special ad valorem tax, not to exceed five mills in any year, on each dollar of assessed value of the property taxed, on property in the incorporated area of municipality for the purpose of financing fire protection and emergency medical services within the boundaries of the municipality. Financing such services may include, but not be limited to, entering contracts for the services with existing fire departments, volunteer fire departments, and emergency medical service providers.
(c) The Legislature by local law may provide for the administration, collection, and allocation of any revenues from the ad valorem taxes levied and imposed under this amendment so long as the allocations are made solely for fire protection and emergency medical services.
§52-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§52-3.00 | BOND ISSUES FOR JAIL
§52-4.00 | MORGAN COUNTY AND THE CITIES OF HARTSELLE AND DECATUR
In carrying out the purposes of this amendment, neither Morgan county nor the city of Hartselle nor the city of Decatur shall be subject to the provisions of section 93 of the Constitution of Alabama, and the taxes which the county and the cities are hereinabove authorized to levy and collect are in addition to all other taxes which the county and the cities are authorized to levy and collect. This amendment shall be self-executing, but notwithstanding any contrary provisions of section 104 of the Constitution of Alabama, the legislature shall have the power, by general, special or local act, to enact laws supplemental hereto or in furtherance of the purposes hereof.
§52-4.01 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§52-5.00 | FILLING OF VACANCIES
§52-7.00 | OPERATION OF BINGO BY NONPROFITS
(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least three years in the county immediately prior to the issuance of the permit or license.
(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games.
(4) No nonprofit organization shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization shall pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.
(5) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.
(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value set by the Legislature during any bingo session during any calendar week.
(7) No person or organization, by whatever name or composition thereof, shall take any expense for the operation of a bingo game except as permitted by law.
(c) The Legislature, may by local law, provide for the operation of bingo games for prizes or money by nonprofit organizations for charitable, educational, or other lawful purposes within any other city located within the boundaries of Morgan County pursuant to subsection (a) of Section 1 of this constitutional amendment.
§52-8.00 | OFFICE OF CONSTABLE ABOLISHED
§52-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§52-8.40 | SHERIFF
§52-9.00 | SHERIFF’S RESERVE FUNDING
§52-9.01 | SHERIFF’S POSSE FUNDING
§52-10.00 | CONSOLIDATION OF OFFICES
§52-10.01 | MALLARD–FOX CREEK PROJECT
The provisions of this amendment shall be construed in pari materia with any and all other amendments relating to Morgan county and ad valorem taxation.
§52-10.02 | OCCUPATIONAL TAX PROHIBITED
(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Morgan County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11–51–90, 11–51–91, 11–51–92, and 11–51–93, Code of Alabama 1975.
§52-10.03 | DISTRIBUTION OF SIMPLIFIED SELLER USE TAX FOR PUBLIC SCHOOL AND FIRE PROTECTION PURPOSES
(2) Thirteen and one-half percent of the remaining proceeds shall be allocated to the Morgan County Board of Education for public school purposes.
(3) One and one-half percent of the remaining proceeds shall be distributed to the certified volunteer fire departments in the county for fire protection purposes with each volunteer fire department receiving an equal share.
§52-10.20 | SPECIAL TAX FOR EDUCATIONAL PURPOSES IN CITIES OF DECATUR AND CULLMAN AND FOR HOSPITAL PURPOSES IN MORGAN COUNTY
B. Morgan county may levy and collect a tax upon all taxable property situated therein at a rate not in excess of ten cents on each one hundred dollars of taxable property, which tax shall be used exclusively for the construction, equipping, enlargement, acquisition, repair, or operation of public hospital properties situated in said county owned or proposed to be acquired in said county by the city of Decatur and Morgan county. Said tax shall be in addition to all other taxes now authorized by law, but shall not be levied until it shall have been authorized by a majority of the qualified electors of such county voting at an election called by the governing body of said county at which there shall be submitted to a vote the rate of such tax, the time it is to continue, and the purpose or purposes thereof. Such elections may be called and had from time to time, and shall be had, governed and determined under such rules and regulations as the governing body of said county may prescribe. Said tax may be pledged by the governing body of said county to secure payment of any debt incurred by said county or by any public corporation for hospital purposes in said county.
C. Notwithstanding the proviso to the contrary in section 269 of this Constitution, the special tax for educational purposes provided for by that section may be levied upon taxable property situated in the city of Cullman.
§52-10.21 | ADDITIONAL TAXES FOR PUBLIC SCHOOL PURPOSES
A school district within the meaning of this amendment shall include school districts which consist of incorporated cities or towns, or any school district of which an incorporated city or town is a part or such other school districts now existing or hereafter formed as may be approved by the county board of education.
The rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of those voting at such election.
The funds derived from the tax levied in any school district under this amendment shall be expended for the exclusive benefit of the district.
§52-10.22 | LEVY OF AD VALOREM TAX FOR BOARD OF EDUCATION
(b) The authority conferred by this constitutional amendment shall be self-executing in the event this amendment is duly adopted and ratified at the election required by the act which this amendment is proposed.
§52-10.23 | LEVY OF AD VALOREM TAX OUTSIDE CITIES OF DECATUR AND HARTSELLE
(b) The authority conferred by this constitutional amendment shall be self-executing in the event this amendment is duly adopted and ratified at the election required by the act by which this amendment is proposed.
§52-10.40 | SPECIAL PROPERTY TAX FOR GENERAL HEALTH PURPOSES IN SEVERAL COUNTIES
The county tax collector of each of such counties shall collect the tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep the proceeds of this tax separate and apart from all other funds, and shall keep clear accounts thereof. The tax collector shall distribute the proceeds of this special tax in the manner prescribed by the governing body of the county and the revenue derived from the tax levied hereunder shall be used for general health purposes in the county where levied or in cooperation with the other two counties named above.
§52-10.60 | SPECIAL TAX FOR LIBRARY PURPOSES
§53-2.00 | JUDGE OF PROBATE COMPENSATION
All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate of Perry county shall hereafter continue to be collected but shall be paid into the general fund of Perry county.
The governing body of Perry county shall provide the judge of probate with such office personnel, clerks, deputies and such quarters, books, stationery, furniture, equipment and other such conveniences and supplies as such governing body may consider necessary for the proper and efficient conduct of his office. Compensation of any personnel so provided shall be fixed by the county governing body and shall be paid in equal monthly installments out of the general fund of Perry county.
The legislature may hereafter, from time to time, by general, special or local laws, fix, regulate and alter the fees, commissions, allowances, compensation or salaries to be charged or received by the judge of probate of Perry county, and may provide for the operation of his office. The legislature may hereafter, from time to time, by general, special or local laws further provide for the distribution of the fees, commissions, allowances, percentages and other charges herein provided for.
This constitutional amendment after its adoption shall not become effective until the beginning of the next term of office of the probate judge.
§53-2.20 | GENERAL AUTHORITY
§53-8.20 | CERTAIN PUBLIC OFFICIALS
§53-11.00 | FIRE PROTECTION PURPOSES
(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the Perry County Association of Volunteer Fire Departments. The county association shall divide the funds equally among all eligible volunteer fire departments and the Alabama Forestry Commission at the quarterly meetings of the county association. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds.
(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Perry County that is certified under the guidelines of the Alabama Forestry Commission and is a member in good standing of the Perry County Association of Volunteer Fire Departments. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department and the Alabama Forestry Commission shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the Alabama Forestry Commission.
(d) The Alabama Forestry Commission’s share of these funds collected shall be used in Perry County only. The funds shall be used for buildings and purchase of equipment. The funds shall not be expended for salaries.
(e) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.
(f) The personnel of volunteer fire departments and the Alabama Forestry Commission shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments and the Alabama Forestry Commission.
§54-2.00 | SHERIFF’S DEPARTMENT
The provisions of this constitutional amendment shall be retroactive to April 19, 1982, and any fees or costs collected up to and including the amount of $10.00 per action filed and the revenues therefrom expended pursuant to Act No. 82–291 of the 1982 regular session and Act No. 83–542 of the 1983 regular session of the Alabama legislature are hereby ratified, and no further enabling legislation shall be necessary for the execution of this amendment.
§54-2.01 | COUNTY JAIL
§54-2.02 | WEST ALABAMA CHILDREN’S ADVOCACY CENTER
Section I.
In the 24th Judicial Circuit, consisting of Fayette County, Lamar County, and Pickens County, in addition to any court costs and fees now or hereafter authorized in cases in the circuit and district courts, an additional fee of five dollars ($5) shall be charged and collected by the clerk of the court on each case filed in the circuit.Section II.
The clerk of the respective court shall collect the fee in the same manner as other costs in the court and shall remit the fee to the West Alabama Children’s Advocacy Center on a monthly basis to be used by the center for abuse victims in the circuit.Section III.
If the boundaries of the 24th Judicial Circuit change, the filing fee imposed by this amendment shall remain in effect for the Counties of Fayette, Lamar, and Pickens, unless altered by a subsequent amendment to this constitution.§54-2.03 | GENERAL AUTHORITY
§54-2.20 | JUDGE OF PROBATE COMPENSATION
All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the Judge of Probate of Pickens County shall continue to be collected but shall be paid into the General Fund of Pickens County.
The County Commission of Pickens County shall provide the Judge of Probate with such office personnel, equipment, and supplies as the County Commission may consider necessary for the proper and efficient conduct of the office. Compensation of any personnel so provided shall be fixed by the County Commission and shall be paid in equal monthly installments out of the General Fund of Pickens County.
§54-2.21 | JUDGE OF PROBATE JURISDICTION
§54-4.00 | PICKENS COUNTY MUNICIPALITIES
2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest-bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the municipality or may be limited as to the source of their payment.
7. To levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in any municipality in Pickens county or upon all property in any district the boundaries of which the governing body of such municipality shall describe and which it shall determine to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of any municipality in Pickens county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon any such municipality.
This amendment shall be self-executing; but the legislature shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
§54-5.00 | ELECTION
§54-6.00 | DISPOSAL FEE
§54-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§54-10.00 | CONSOLIDATION OF OFFICES; REVENUE COMMISSIONER
In the event this amendment is approved and a majority of the qualified electors of Pickens county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which abolished said county offices and consolidates their duties in a newly created office in Pickens county may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect.
§54-11.00 | FIRE PROTECTION PURPOSES
(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the Pickens County Volunteer Firefighters’ Association. The county association shall divide the funds equally among all eligible volunteer fire departments, collectively, and the Pickens County Volunteer Firefighters’ Association at each bimonthly meeting of the county association. The county association may establish rules regarding the transfer, investing, accounting, and handling of the funds.
(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Pickens County that is certified under the guidelines of the Alabama Forestry Commission, shall have at least an ISO class 9 rating, and is a member in good standing of the Pickens County Association of Volunteer Fire Departments. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the eligible volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department.
(d) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.
(e) The personnel of eligible volunteer fire departments shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of eligible volunteer fire departments.
§54-11.01 | FIRE PROTECTION; EMS
§55-2.00 | JUDGE OF PROBATE COMPENSATION
§55-2.20 | GENERAL AUTHORITY
§55-3.00 | FORM OF GOVERNMENT
2. The abolition of the offices of tax assessor and tax collector of Pike county and the creation of the office of revenue commissioner, and transfer of all duties, authority, records, assets and funds of both offices; and
3. The separation of the offices of judge of probate and chairman of the county commission of Pike county, effective 1994, and setting the compensation for such judge, and providing for the salary for office of chairman of county commission serving full time.
The ballot on the approval of this amendment shall be substantially as follows:
§55-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§55-10.00 | AD VALOREM TAXES ON TRUCK-TRACTORS, TRAILERS, AND SEMITRAILERS
§56-2.00 | JUDGE OF PROBATE COMPENSATION
§56-2.20 | GENERAL AUTHORITY
§56-4.00 | RANDOLPH COUNTY AND MUNICIPALITIES THEREIN
§56-4.01 | CAPITAL IMPROVEMENT FUND
§56-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§56-10.20 | SCHOOL DISTRICT 2
The revenue derived from the additional tax authorized by this amendment shall be used solely for the construction of schools and other educational purposes in school district no. 2 of Randolph county.
This amendment shall be self-executing.
§56-10.21 | SCHOOL DISTRICT 1
§56-10.40 | SPECIAL TAX FOR COUNTY FACILITIES
“COUNTY FACILITIES” means (a) any land, building, equipment and any other facility or facilities necessary or useful in the housing, confinement, detention, feeding, treatment, rehabilitation and training of persons held in lawful custody, and (b) any land, building, equipment or other facility useful as a county courthouse building.
“COUNTY FACILITIES BUILDING FUND” means the county facilities building fund established herein for the purpose of receiving certain tax receipts required by the provisions hereof to be paid therein.
“EXISTING AD VALOREM TAX” means the two and one-half mill special ad valorem tax authorized to be levied by the county pursuant to section 215 of the Constitution.
“SECURITIES” means any bonds or warrants, including refunding bonds or warrants, issued by the county under the provisions of this amendment.
“SPECIAL AD VALOREM TAX” means the special county hospital ad valorem tax authorized to be levied by the county pursuant to Section 215.02.
“SPECIAL SALES TAX” means the special county privilege, license and excise taxes authorized and directed by this amendment to be levied by the county on those engaged in the business of selling tangible personal property at retail and conducting places of amusement in the county and paralleling the state sales and use taxes.
“SPECIAL TAXES” means the special ad valorem tax, the special sales tax, and the existing ad valorem tax.
(C) The county is hereby authorized and directed (subject to prior pledges and agreements, if any) to pay, out of taxes collected each year, beginning with taxes collected with respect to the tax year that began October 1, 1982, one-half of the tax receipts derived from the levy of the special ad valorem tax into the county facilities building fund. The county shall discontinue paying such tax receipts into the county facilities building fund when all of the securities issued hereunder have been paid in full, or when the county shall have expended the sum of $1,500,000 out of the county facilities building fund to pay costs of county facilities, whichever shall last occur.
(D) The county is hereby authorized and directed (subject to prior pledges and agreements, if any) to pay four-tenths of the tax receipts derived by the county from the levy of the existing ad valorem tax into the county facilities building fund. The county shall discontinue paying such tax receipts into the county facilities building fund when all of the securities issued hereunder have been paid in full, or when the county shall have expended the sum of $1,500,000 out of the county facilities building fund to pay costs of county facilities, whichever shall last occur.
(E) The county is hereby authorized and directed to establish the county facilities building fund for the purpose of receiving the moneys required to be paid therein by the provisions hereof. Funds on deposit in the county facilities building fund shall be used to pay the costs of acquiring, providing, constructing and equipping new county facilities, renovating, reconstructing, improving, enlarging or equipping any existing county facilities or any combination thereof, up to an amount not exceeding $1,500,000, and to pay principal of and interest and premium, if any, on securities issued hereunder to finance county facilities.
(F) The county is hereby authorized to sell and issue from time to time its securities, not exceeding $1,500,000 in aggregate principal amount, for the purpose of acquiring, providing, constructing and equipping new county facilities, renovating, reconstructing, improving, enlarging or equipping any existing county facilities or any combination thereof and to pledge for payment of the securities the portions of the special taxes required to be paid into the county facilities building fund.
For the purpose of refunding any securities, including refunding securities issued under the provisions of this amendment, whether the refunding shall occur before, at or after the maturity of the securities refunded and for the purpose of paying all premiums and expenses of the refunding (including attorneys’ fees, costs of printing the refunding securities, fiscal agents’ fees, and accountants’ fees), the county is hereby authorized to sell and issue from time to time refunding securities in an aggregate principal amount not exceeding the sum of (a) the outstanding principal amount of the securities to be refunded, (b) the interest (accrued or to accrue) to the respective maturities of the securities to be refunded, or if the securities to be refunded are to be called for redemption, either on the earliest date on which under their terms they may be redeemed or some later date or dates, the interest (accrued or to accrue) on the securities to be refunded to the date or dates on which they are to be called for redemption, (c) the amount of any redemption premium required, by the terms of the securities, to be paid as a condition to their redemption prior to their respective maturities, and (d) the amount of any expenses (actual or estimated) of such refunding.
The securities issued hereunder may but need not be general obligations of the county, but shall be secured by the portions of the special taxes pledged for their payment in the proceedings of the county whereunder the securities are authorized to be issued and required to be paid into the county facilities building fund.
All securities issued under this amendment may be in such form and denominations and of such tenor and maturities, may bear interest at such rate or rates, payable at such time or times, not exceeding thirty (30) years from their date, may be sold at public or private sale and may contain such provisions not inconsistent with this amendment as shall be provided in the proceedings of the governing body of the county wherein such securities are authorized to be issued. The power to levy the special sales tax, to pay as required herein the portions of the special ad valorem tax and the existing ad valorem tax into the county facilities building fund and the power to issue the securities shall be in addition to all other powers which the county may have under this Constitution and the laws of Alabama. The indebtedness evidenced by the securities issued under this amendment shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in section 224 of the Constitution.
(G) It is the intention hereof that the governing body of the county shall (a) levy the special sales tax, and (b) pay one-half of the revenues from the special ad valorem tax and four-tenths of the revenues from the existing ad valorem tax (subject only to prior pledges of either thereof) as shall together be sufficient to provide funds to pay costs of county facilities herein provided for, either directly or through payment of the principal of and interest (and premium, if any) on the securities authorized to be issued hereunder, all to the end that adequate county facilities will be available in the county. Proceeds of the special taxes that are not needed in any fiscal year to pay principal of and interest on securities issued hereunder or to refund securities shall be used to pay costs of constructing and maintaining the county facilities herein provided for, or to purchase and retire securities or call securities for redemption prior to the maturity thereof.
(H) The provisions of this amendment shall be self-executing, and authorization from or any other action by the legislature shall not be a prerequisite to the issuance of the securities hereunder or to the levy of the special taxes or the use of the proceeds of the special taxes as provided herein; provided, however, that the provisions of this amendment shall not become operative unless approved by a majority of the qualified electors of Randolph county who vote thereon at a referendum election held for such purpose upon the call of the Randolph county commission, and provided further, that if this amendment is approved by the qualified electors of Randolph county who vote thereon upon its submission, such election shall constitute a referendum held for such purpose and no further election need be called.
(I) It is hereby specifically declared that this amendment is not being proposed pursuant to Section 284.01, and provisions of Section 284.01 are hereby declared to be inapplicable.
§56-10.41 | FACILITIES BUILDING FUND
“COUNTY” means Randolph county, Alabama.
“COUNTY FACILITIES” means (a) any land, building, equipment and any other facility or facilities necessary or useful in the housing, confinement, detention, feeding, treatment, rehabilitation or training of persons held in lawful custody, and (b) any land, building, equipment or other facility useful as a county courthouse building.
“COUNTY FACILITIES BUILDING FUND” means the county facilities building fund to be established by the county pursuant to the provisions hereof for the purpose of receiving certain tax receipts required by the provisions hereof to be paid therein.
“EXISTING AD VALOREM TAX” means the two and one-half mill road, bridge and public building ad valorem tax authorized to be levied by the county pursuant to Section 215 of the Constitution.
“RELATED SECURITIES” means any bonds or warrants, including refunding bonds or warrants, issued for purposes for which securities may be issued hereunder after the effective date of this amendment under the provisions of any other amendment to the Constitution or statute, provided that the governing body of the county in the proceedings authorizing the issuance of such bonds or warrants has pledged for the payment of such bonds or warrants those moneys required by the provisions hereof to be paid into the county facilities building fund.
“SECURITIES” means any bonds or warrants, including refunding bonds or warrants, issued by the county under the provisions of this amendment.
“SPECIAL AD VALOREM TAX” means the special county hospital ad valorem tax authorized to be levied by the county pursuant to Section 215.02.
“SPECIAL TAXES” means the special ad valorem tax and the existing ad valorem tax.
(C) The county is hereby authorized and directed (subject to prior pledges and agreements, if any) to pay, out of taxes collected each year, beginning with taxes collected with respect to the tax year that began October 1, 1982, four-tenths of the tax receipts derived by the county from the levy of the existing ad valorem tax into the county facilities building fund. The county shall discontinue paying such tax receipts into the county facilities building fund when all of the securities issued hereunder and any related securities issued by the county have been paid in full, or when the county shall have expended the sum of $1,500,000 out of the county facilities building fund to pay costs of county facilities, whichever shall last occur.
(D) The county is hereby authorized and directed to establish the county facilities building fund for the purpose of receiving the moneys required to be paid therein by the provisions hereof and any other tax receipts or other moneys of the county that the county may determine to pay therein. Funds on deposit in the county facilities building fund shall be used to pay costs of county facilities, up to an amount not exceeding $1,500,000, and to pay principal of and interest and premium, if any, on (1) securities issued hereunder to finance costs of county facilities and (2) related securities issued to finance costs of county facilities.
(E) The county is hereby authorized to sell and issue from time to time its securities, not exceeding $1,500,000 in aggregate principal amount, for the purpose of financing costs of county facilities and to pledge for payment of the securities the portions of the special taxes required to be paid into the county facilities building fund.
For the purpose of refunding any securities, including refunding securities issued under the provisions of this amendment, whether the refunding shall occur before, at or after the maturity of the securities refunded and for the purpose of paying all premiums and expenses of the refunding (including, without limitation, attorneys’ fees, costs of printing the refunding securities, fiscal agents’ fees, and accountants’ fees), the county is hereby authorized to sell and issue from time to time refunding securities in an aggregate principal amount not exceeding the sum of (a) the outstanding principal amount of the securities to be refunded, (b) the interest (accrued or to accrue) to the respective maturities of the securities to be refunded, or if the securities to be refunded are to be called for redemption, either on the earliest date on which under their terms they may be redeemed or some later date or dates, the interest (accrued or to accrue) on the securities to be refunded to the date or dates on which they are to be called for redemption, (c) the amount of any redemption premium required, by the terms of the securities, to be paid as a condition to their redemption prior to their respective maturities, and (d) the amount of any expenses (actual or estimated) of such refunding.
The securities issued hereunder may but need not be general obligations of the county, but shall be secured by the portions of the special taxes pledged for their payment in the proceedings of the county whereunder the securities are authorized to be issued and required to be paid into the county facilities building fund.
All securities issued under this amendment may be in such form and denominations and of such tenor and maturities, may bear interest at such rate or rates, payable at such time or times, not exceeding 30 years from their date, may be sold at public or private sale and may contain such provisions not inconsistent with this amendment as shall be provided in the proceedings of the governing body of the county whereunder such securities are authorized to be issued. The power to pay, as required herein, the portions of the special ad valorem tax and the existing ad valorem tax into the county facilities building fund and the power to issue the securities shall be in addition to all other powers which the county may have under this Constitution and the laws of Alabama. The indebtedness evidenced by the securities issued under this amendment shall be in addition to all other indebtedness authorized to be incurred by the county and shall not be charged against the limitation on the indebtedness of the county provided for in Section 224 of the Constitution.
(F) The county is hereby authorized to pledge for payment of principal of and interest (and premium, if any) on related securities the portions of the special taxes required to be paid into the county facilities building fund.
(G) It is the intention hereof that the governing body of the county shall pay one-half of the revenues from the special ad valorem tax and four-tenths of the revenues from the existing ad valorem tax (subject only to prior pledges of and agreements pertaining to either thereof) as shall, together with any other moneys paid into the county facilities building fund, be sufficient to provide funds to make available county facilities for the county, either directly through payment of costs of county facilities or through payment of the principal of and interest (and premium, if any) on the securities authorized to be issued hereunder and on any related securities that may be issued by the county for the purpose of paying costs of county facilities, all to the end that adequate county facilities will be available in the county. Proceeds of the special taxes paid into the county facilities building fund that are not needed within 12 months of the date of such payment to pay principal of and interest on securities issued hereunder or on related securities or to refund securities shall be used to pay costs of constructing and maintaining the county facilities herein provided for, or to purchase and retire securities or related securities or to call securities or related securities for redemption prior to the maturity thereof.
(H) The provisions of this amendment shall be self-executing, and authorization from or any other action by the legislature shall not be a prerequisite to the issuance of the securities hereunder or to the use of the proceeds of the special taxes as provided herein; provided, however, that the provisions of this amendment shall not become operative unless approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose upon the call of the county commission, and provided further, that if this amendment is approved by the qualified electors of the county who vote thereon upon its submission, such election shall constitute a referendum held for such purpose and no further election need be called.
(I) It is hereby specifically declared that this amendment is not being proposed pursuant to Section 284.01, and provisions of Section 284.01 are hereby declared to be inapplicable to this amendment.
§56-11.00 | FIRE PROTECTION PURPOSES
In addition to all other taxes now or hereafter provided by law, there shall be levied and collected in Randolph County a special property tax of two mills on each one dollar’s worth of taxable property as assessed for the state ad valorem taxation during the preceding year. The proceeds of the additional taxes levied by this amendment shall be used exclusively for fire protection and safety services.
The Revenue Commissioner of Randolph County shall assess the tax herein provided for and shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid by the commissioner directly to the Randolph County Volunteer Fire Department Association. The proceeds shall be divided by the association so that the proceeds of the tax collected within the corporate limits of the City of Roanoke shall be allocated to the volunteer fire department of the city and the proceeds from collections in the unincorporated areas of the county shall be allocated equally among the volunteer fire departments and the rescue squad which serve the unincorporated area of the county.
An eligible fire department, for purposes of this amendment, means a fire department in Randolph County which is a member in good standing with the Randolph County Volunteer Fire Department Association according to guidelines established by the Alabama Volunteer Fire Department Association.
An eligible rescue squad for purposes of this amendment, means a rescue squad in Randolph County which is in good standing according to guidelines established by the Alabama Association of Rescue Squads.
Funds paid to eligible fire departments and rescue squads shall only be expended for fire protection and safety services including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omissions which are directly related to the functions of a fire department or rescue squad which are committed by the department or squad or the personnel of a fire department or rescue squad. The funds may not be expended for food, drink, social activities, salaries, or fund-raising activities. After receiving funds, the fire departments and rescue squads shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, the association shall file a financial statement with the Randolph County Commission detailing the expenditure of all funds received from this amendment during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. No new fire departments or rescue squads shall be funded within Randolph County without prior approval of the Randolph County Volunteer Fire Department Association.
Upon dissolution or abandonment of any eligible fire department or rescue squad, any remaining funds derived from this amendment or any assets purchased with funds derived from this amendment shall, after all indebtedness has been satisfied, be transferred to the Randolph County Volunteer Fire Department Association. The funds and assets shall be reallocated by the association equally to the other fire departments and rescue squads. In the event the association is dissolved, the additional property tax levied under this amendment shall self-destruct and no longer be levied and collected.
The personnel of fire departments and rescue squads provided for in this amendment shall not be considered employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of fire departments or rescue squads.
This amendment shall apply to collections of ad valorem taxes for the 1995–96 tax year and thereafter. The initial provisions of this amendment may hereafter be amended by local legislation which may become effective without referendum approval.
§57-2.00 | COUNTY JAIL
§57-4.00 | RUSSELL COUNTY AND MUNICIPALITIES THEREIN
In carrying out the purposes of this amendment, neither Russell County nor any municipality therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Russell County or by any municipality therein, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.
Neither Russell County nor any municipality therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Russell County or any municipality therein is at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Russell County or any municipality therein.
§57-5.00 | ELECTION OF MEMBERS; DUTIES
Section I.
The Russell County Board of Education shall be composed of seven members. Six of the members shall be elected by a majority of the respective qualified electors of six separate single-member districts, designated Place #1 to Place #6, inclusive, which shall be the same as the districts established by the Legislative Reapportionment Office in the document titled RUSSELL BOE 7 DISTRICTS PLAN 3, dated February 25, 2002. Only the qualified electors residing in a particular district may vote for the member representing that district. The seventh member shall be elected by a majority of the qualified electors of the county at-large, designated Place #7. Elections shall be conducted and the members shall take office in the same manner as currently provided by law.Section II.
(2) A candidate for election as an at-large member of the board shall be a resident of the county for at least one year immediately preceding the deadline date for qualifying as a candidate, and shall reside in the county during the entire term of office.
(3) A member appointed to fill a vacancy on the board pursuant to general law shall be a resident of the county, and a resident of the district of the vacating member, where applicable.
(2) The member elected in Place #1 and the member elected in Place #7 shall be elected at the general election in November 2008, and every six years thereafter.
(3) The member elected in Place #2, the member elected in Place #4, and the member elected in Place #5 shall be elected at the general election in November 2010, and every six years thereafter.
(4) Members serving on the board upon the ratification of this amendment, including those members elected at the general election in November 2004 pursuant to Act 82–322, 1982 Regular Session (Acts 1982, p. 434), shall continue to serve on the board until the term for which they were originally elected expires. Such persons shall assume office at the same time as currently provided by law.
(d) The board, by majority vote, may change the boundaries of the single member districts and shall reapportion the districts as required by law utilizing the principle of equal representation. Pursuant to this subsection, the board may provide for single member election districts or at-large membership districts, or both.
Section III.
The Legislature, by local law, from time to time may provide for the election of the members of the Russell County Board of Education and may provide further for the operation of the board. Such local act or acts may include, but are not limited to, providing for termination of the terms of members of the existing county board of education; the composition of the county board of education; initial and succeeding terms of office, including staggered terms; qualifications; powers, duties, and responsibilities; vacancies; and compensation.Section IV.
The Russell County Board of Education shall take necessary steps to ensure this amendment complies with the Federal Voting Rights Act of 1965, as amended, before any election is conducted pursuant to this amendment.§57-7.00 | OPERATION OF BINGO BY NONPROFITS
(2) Except for special permit holders, no bingo permit or license shall be issued to any nonprofit organization or qualified private club, unless the organization or club shall have been in existence for at least five years and owned real property in the county for five years immediately prior to issuing the permit or license, except the following:
b. A private club with annual membership dues of three hundred dollars ($300) or more.
(4) No nonprofit organization or club shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization or club. No nonprofit organization or club may pay consulting fees, any compensation or salary to any individual or entity for any services performed relating to operating or conducting any bingo game.
(5) A nonprofit organization or club shall not lend its name or allow any other person or entity to use its identity in operating or advertising a bingo game in which the nonprofit organization or club is not directly and solely operating the bingo game or concessions.
(6) Prizes given by any qualified nonprofit organization or qualified private club for playing bingo games shall not exceed the cash amount or gifts of equivalent value, set by the Legislature, during any bingo session. The Legislature shall set a maximum amount for any calendar week.
(7) One hundred percent of the net revenues derived from operating bingo games shall be designated and expended for charitable or educational purposes.
(8) No person, or organization or club, by whatever name or composition, shall take any expenses for operating a bingo game except as permitted by law.
§57-8.00 | CERTAIN PUBLIC OFFICIALS
The legislature is further authorized and empowered to delegate to the Russell county governing body its authority to regulate the salaries of county officers other than members of the county governing body.
§57-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§57-10.20 | SPECIAL PROPERTY TAX FOR EDUCATIONAL PURPOSES
In the event that any special property tax authorized herein shall be authorized by a majority of the qualified electors voting on the question at the election, the county board of education of Russell county and the city board of education of Phenix City may, at such times as to them seem necessary and proper, sell and issue their tax anticipation bonds for the purposes for which the tax was authorized, which bonds shall be in such amounts as the respective board of education shall designate and, except as otherwise provided herein, shall be subject to the provisions of the general laws now pertaining to the issuance by county and city boards of education of capital outlay warrants, and no further election shall be required for the issuance of such bonds. The revenue derived from the sale of these bonds shall be expended by the county board of education and the Phenix City board of education for public school purposes only. Any bonds issued under the authority of this amendment shall be payable solely out of the proceeds of the special property tax hereby authorized, all or any part of which may be pledged therefor. The bonds issued under the authority of this amendment shall constitute negotiable instruments, although payable from a limited source, and shall be eligible for the investment of trust funds. The bonds shall not constitute general obligations of the county and shall be in addition to all other bonds or warrants which the county or city boards of education have heretofore issued or are authorized to issue under the Constitution and laws of Alabama.
§57-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
The county commission of Russell county shall, at its next meeting after passage and approval of this amendment, appoint a committee consisting of the chief of each volunteer fire department within the county. The purpose of this committee will be to keep the commission informed and advised as to the status and needs of the departments and to assist the commission in the setting of priorities regarding fire protection and services.
The county commission may, in its discretion, authorize the expenditure of public funds in support of any fire district.
The Russell county commission may, upon recommendation of this committee, appoint a county fire marshal whose principal duty shall be the coordination of all fire protection within the county. This fire marshal shall perform such other tasks related to fire protection as may from time to time be assigned to him by the county commission.
This amendment is not intended nor shall it be construed to limit the authority or scope of the volunteer fire departments within Russell county or their operation within said county.
§58-1.00 | SUNDAY SALES
§58-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§58-2.20 | JUDGE OF PROBATE JURISDICTION
§58-2.21 | JUDICIAL COMMISSION
The Shelby County Judicial Commission is hereby created for the purpose of nominating to the Governor persons for appointment to a vacancy. The commission shall be composed of five members. The members of the commission shall be as follows: Two persons who are members of the Alabama State Bar; two persons who are not members of the Alabama State Bar; and the presiding judge of the 18th Judicial Circuit.
All members of the commission shall reside in the territorial jurisdiction of the 18th Judicial Circuit.
The two members of the commission who are required to be members of the Alabama State Bar shall be elected by the members of the bar who are regularly licensed and qualified to practice law in this state. The Executive Committee of the Shelby County Bar Association, or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of the two members of the commission who are required to be members of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Shelby County the names of the persons elected as members of the commission by the members of the bar and the name of the presiding judge of the circuit court who shall serve on the commission by virtue of his or her position as presiding judge.
The members of the Legislature representing Shelby County shall elect the two members of the commission who are required not to be members of the Alabama State Bar.
The members of the Legislature representing Shelby County shall certify in writing to the judge of probate the names of the persons elected by them as members.
The terms of office of all members of the commission shall be six years, except that the terms of office of the two members of the State Bar first elected shall be for one and two years respectively, and of the two members first elected by the members of the Legislature representing Shelby County shall be for three and four years respectively; the length of the terms of office of the members of the commission being indicated by the respective electing bodies. The terms of the initial members of the commission shall begin on January 1, 2009. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as that member was originally chosen.
The Judge of Probate of Shelby County shall record all certificates of election and shall safely and permanently keep the original certificates. Upon receipt and recordation of each certificate, the judge of probate shall send to the Governor a certified copy of each certificate.
No member of the commission shall be eligible to succeed himself or herself as a member or for nomination to the Governor for appointment as judge of the circuit or district court during the term of office for which the member shall have been selected.
The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member who is the presiding judge of the 18th Judicial Circuit shall hold any public office and no member of the commission shall hold any official position in any political party.
If, subsequent to January 1, 2009, a vacancy occurs in the office of judge of the circuit or district court in the 18th Judicial Circuit, the commission shall nominate to the Governor three persons having the qualifications for the office. The nomination shall be made only by the concurrence of a majority of the members of the commission. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. The term of office of a judge appointed to fill a vacancy shall be as otherwise provided in Section 153 of this constitution. The judicial authority of any person appointed to fill a judicial vacancy in the judicial circuit prior to January 16, 2017, is ratified and confirmed.
Any vacancy occurring in the office of judge of the 18th Judicial Circuit, which is required to be filled by appointment on nominations made by the commission, shall be filled within 90 days from the date of the submission of the nominations. In the event the Governor fails to fill the vacancy from the nominations within that period, the appointment shall be made by the Chief Justice of the Supreme Court of Alabama.
§58-2.22 | JUDGE OF PROBATE QUALIFICATIONS
§58-2.23 | JUDGE OF PROBATE VACANCIES
§58-3.00 | HOME RULE
Section 1. Home rule.
(b) The Shelby County Commission may fix the salary, compensation, expenses, and other benefits and terms of employment of those employed by the Shelby County Commission except for those subject to the jurisdiction of the Shelby County Law Enforcement Personnel Board, and establish and maintain retirement or pension systems, insurance, workers’ compensation, hospitalization, and medical benefits for those employees. The Shelby County Commission shall employ a county manager and other professional staff as it deems appropriate to be authorized and directed to perform any applicable management and administrative function associated with the management of county property and services.
Section 2. Supplementary powers.
(2) Garbage and solid waste collection and disposal.
(3) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and control of dangerous animals and animal nuisances.
(4) Public street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic.
(5) Parks, recreational areas, programs, and facilities.
(6) Storm water and sanitary sewage collection and disposal systems.
(7) Development, storage, treatment, purification, and distribution of water.
(8) Public housing, public buildings, and parking facilities.
(9) Public transportation.
(10) Libraries, archives, and arts and sciences programs and facilities.
(11) Economic development and tourism initiatives, developments, and projects.
(12) Adoption of codes, including building, housing, plumbing, and electrical codes for the protection of the public.
(13) Litter, trash, and rubbish regulation and control on or adjacent to public roads, streets, or highways, or on or in public buildings, public parks, and public properties.
Section 3. Eminent domain.
The Shelby County Commission may exercise the power of eminent domain as is authorized by general law.Section 4. Liability.
The Legislature may waive or limit the liability of Shelby County by law.Section 5. Debt limitation.
The debt incurred by Shelby County, including debt incurred on behalf of any special district, may never exceed 10 percent of the assessed value of all taxable property within Shelby County.Section 6.
The Legislature of the State of Alabama, by local law, may provide criminal penalties for violations of certain activity and certain conduct in Shelby County if the activity or conduct involves the health, safety, and welfare of the citizens of the county or involves any of the following:(2) Control of public nuisances caused by noise levels or noxious odors, or substances.
(3) The use and control of public parks, lands, buildings, equipment, and real or personal property.
(4) Control of dangerous animals and animal nuisances.
Section 7.
The Legislature, by local law, shall provide for the combination of the county offices of tax assessor and tax collector into one elected position of County Property Tax Commissioner.Section 8.
The powers granted to the Shelby County Commission by this amendment shall not be construed to extend to any matters which the Legislature by general law has heretofore preempted by operation of law, nor shall the powers be construed to extend to any of the following matters:(2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the Shelby County Commission.
(3) Action defining any criminal offense or providing for criminal punishment beyond that authorized by local or general law or by the Alabama Constitution.
(4) Action extending the power of regulation over any business activity regulated by the Alabama Public Service Commission beyond that authorized by local or general law or by the Constitution.
(5) Action affecting the exercise of the power of eminent domain.
(6) Action affecting any court or the personnel thereof.
(7) Action affecting any public school system.
(8) Action affecting pari-mutuel betting or any pari-mutuel betting facility.
(9) Action affecting in any manner the property, affairs, boundaries, revenues, powers, obligations, indebtedness, or government of a municipality.
(10) Action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
Section 9.
The Legislature, by local law, may provide for the implementation and administration of the provisions of this amendment.§58-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§58-5.00 | ELECTION
(b) The appropriate election officials shall conduct elections of members of the Shelby County Board of Education in conformity with this amendment.
§58-6.00 | FUNDING FOR SOLID WASTE DISPOSAL PROGRAM
§58-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§58-9.00 | ENFORCEMENT ON PRIVATE ROADS
§58-9.01 | USE OF LOW SPEED VEHICLES
(b)
(2) The Shelby County Commission, by resolution, may authorize and regulate the operation of low-speed vehicles on certain public roads in the unincorporated portions of the county, as determined by the county commission.
§58-10.00 | REAL ESTATE LICENSES TAXES
2. Effective January 1, following the ratification of this amendment and each year thereafter, in addition to the taxes, if any, imposed under 1. above, every corporation, firm, broker, agent, or other person or entity engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Shelby County shall pay an annual business license tax at a rate to be set by the Legislature for the privilege of engaging in that business in every other city or municipality in Shelby County. The tax shall be collected by the License Commissioner of Shelby County and shall be distributed by the License Commissioner of Shelby County to each city or municipality within Shelby County on a pro rata basis based on population. The License Commissioner of Shelby County shall be entitled to an administrative fee for administering this tax at a rate to be set by the Legislature. The fee shall to be added to the license tax.
3. Effective January 1, following the ratification of this amendment and each year thereafter, except for the licenses permitted or mandated under 1. and 2. above, no other privilege license tax or any other fee or tax shall be imposed under Sections 11–51–90 and 11–51–91, Code of Alabama 1975, or any other law by any city or municipality within Shelby County on corporations, firms, brokers, agents, or other persons or entities engaged in the business of buying, selling, managing, leasing, or renting of real estate on commission in Shelby County.
§58-10.20 | REORGANIZATION
§58-11.00 | CREATION
§58-11.01 | ADDITIONAL PROVISIONS
§58-11.20 | MUTUAL AID CONTRACTS
(b) Shelby County and any city, water and sewer authority or board, sewage district, sewer authority, governmental utility service corporation, or private utility company in the county, or any two or more of any of the foregoing, may enter into contracts with each other to provide mutual aid and assistance in restoring electric, water, sewer, or gas services in the event of natural disasters or other emergencies under such terms and conditions as may be agreed upon. Mutual aid contracts may include provisions for furnishing personnel, equipment, apparatus, supplies, and materials; for reimbursement or indemnification of the aiding party for loss or damage incurred by giving aid; for delegating authority to a designated official or employee to send aid upon request; and for any other purposes consistent with this amendment.
(c) Officials and employees furnished by one party in aid of another party pursuant to a mutual aid contract entered into under authority of this amendment shall be conclusively deemed for all purposes to remain officials and employees of the aiding party. While providing aid to another and while traveling to and from another city or county pursuant to giving aid, they shall retain all rights, privileges, and immunities, including coverage under the Alabama Workers’ Compensation Act, as they enjoy while performing their normal duties.
(d) Notwithstanding any other provisions of law to the contrary, any party to a mutual aid contract entered into under authority of this section, may sell or otherwise convey or deliver to another party to the contract personal property to be used in restoring utility services pursuant to the contract without following procedures for the sale or disposition of property prescribed by any general law or local act.
(e) Nothing in this amendment shall be construed to deprive any party to a mutual aid contract of its discretion to send or decline to send its personnel, equipment, and apparatus in aid of another party to the contract under any circumstances, whether or not obligated by the contract to do so. In no case shall a party to a mutual aid contract or any of its officials or employees be held to answer in any civil or criminal action for declining to send personnel, equipment, or apparatus to another party to the contract, whether or not obligated by contract to do so.
§58-11.21 | REGULATION OF PRIVATELY OWNED SEWER SYSTEMS
(b) Except as provided for in subsection (c), any private entity and any privately owned plant, property, or facility for the collection, treatment, or disposal of sewage that uses, directly or through a lease or contract, public rights-of-way of public roads for any part of its collection or disposal system, that discharges to a Grade III or higher wastewater treatment facility as defined in and by the current classification system used by the Alabama Department of Environmental Management on January 1, 2020, and its equivalent classification thereafter, and that has residential or commercial customers that are billed a flat service fee or fee based on water usage, hereinafter referred to as utility or utilities, shall be certified and regulated by the Public Service Commission, which regulation shall include, but not be limited to, regulation of the rates, charges, and increases in rates or charges imposed on its customers. The Public Service Commission shall certify and regulate the entities, plants, facilities, and utilities affected hereby, based on and in accordance with Title 37, Code of Alabama 1975, as amended. Implementation of this amendment, whether gradual or at one time, shall be determined by the Public Service Commission. Until the Public Service Commission determines applicable rates and charges to be imposed on customers, the rates and charges shall be in accord with and governed by the most recent and controlling rate control agreement or in the event there is not a controlling rate control agreement, that utility’s most recent published rate.
(c) If the county, a municipality, or a governmental utility service corporation (GUSC) in the county enters into a rate control agreement with an entity or facility described in subsection (b), the county, municipality, or GUSC may opt out of regulation by the Public Service Commission as to and for any residential or commercial customers affected by and are subject to the rate control agreement. In the event a rate control agreement or any part thereof is found to be invalid, or is terminated by the county, municipality, or GUSC that entered into the rate control agreement, or becomes unenforceable or void in whole or in part, then the jurisdiction of the Public Service Commission and the provisions in subsection (b) pertaining to regulation by the Public Service Commission shall by operation of law be restored and enforced to the full force and effect of this amendment.
(d) In the event Public Service Commission jurisdiction is restored after the county, municipality, or GUSC has exercised its opt-out provision provided in subsection (c) and has voluntarily terminated the rate control agreement, the county, municipality, or GUSC may not again exercise its power to opt out of Public Service Commission jurisdiction and rate control for a period of five years from the date Public Service Commission jurisdiction is reinstated.
(e) In the event that an entity, plant, property, or facility serves customers located in more than one municipality, the opt-out option provided in subsection (c) shall vest with the municipality that has a rate control agreement executed as of or prior to January 1, 2021, subject to approval of the Shelby County Commission.
§59-2.00 | JUVENILE PROGRAMS
§59-2.01 | GENERAL AUTHORITY
§59-4.00 | ST. CLAIR COUNTY AND MUNICIPALITIES THEREIN
The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of St. Clair county or any municipality therein for the purpose of determining their borrowing capacity under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.
This amendment shall be self-executing; but the legislature may enact laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
Neither the county nor any municipality therein shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby. The governing body of the county or any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper of general circulation in the county.
2. Lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.
4. Become a stockholder in any corporation, association or company.
5. Lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. Become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.
7. Levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or in any municipality in St. Clair county or upon all property in any district to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. Pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of St. Clair county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any municipality.
§59-6.00 | SOLID WASTE DISPOSAL FEE
§59-7.00 | OPERATION OF BINGO BY NONPROFITS
The tax collector or revenue commissioner of St. Clair County shall have authority to promulgate necessary rules and regulations to implement the procedure for the collection of the fee prescribed herein. The legislature, from time to time, may by local law alter the fee levied herein and alter the method of allocating the proceeds of said fee.
(2) No bingo permit or license shall be issued to any nonprofit organization unless such organization shall have been in existence for at least 24 months immediately prior to the issuance of the permit or license;
(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games;
(4) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game;
(5) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game;
(6) Prizes given by any qualified nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value, set by the legislature, during any bingo session. The legislature shall set a maximum amount for any calendar week;
(7) By whatever name or composition thereof, no person or organization shall take any expenses for the operation of a bingo game except as permitted by law.
(8) A fee of $.10 (ten cents) shall be levied upon each bingo card sold pursuant to the provisions of this amendment or pursuant to any local law. Said fee shall be collected by the nonprofit organization who sold the bingo card and paid to the tax collector or revenue commissioner of St. Clair County on a weekly basis. The tax collector or revenue commissioner shall place the proceeds collected into the treasury of St. Clair County in a special fund. All funds collected shall be expended by the county commission in the following manner:
30% (thirty percent) of said funds shall be allocated to senior citizens’ programs and facilities;
20% (twenty percent) of said funds shall be allocated to youth recreation programs and facilities;
10% (ten percent) of said funds shall be allocated to the St. Clair County sheriff’s department.
§59-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§59-10.20 | SPECIAL SCHOOL TAX
§59-10.21 | MULTIPLE SCHOOL DISTRICT TAXES
(b) Multiple school district taxes may be levied in any school district under the authority of this amendment, provided the aggregate rate of the taxes is less than or equal to the rate provided in this amendment. The levy and collection of any school district tax prior to, upon, or after the expiration of the tax, may be continued and renewed for the rate, duration, and purpose as shall then be determined, in the manner and subject to the requirements in this amendment for the levy of a school district tax. The duration of time of the levy of a tax may not exceed 30 years from October 1 next succeeding the date of the election held with respect to the tax.
(c)
(2) Multiple elections may be held under this amendment in any school district, at any time and from time to time, to present a proposal to levy a school district tax, to present a proposal to levy a school district tax that failed in a previous election, to present a proposal to levy an additional tax under this amendment, or to present a proposal to continue and renew the levy of a school district tax levied under this amendment.
(3) For the purposes of this amendment, “school district” means all of the following:
b. Any school district in St. Clair County now existing or formed following the ratification of this amendment as may be approved, created, or designated by the St. Clair County Board of Education, including, without limitation, a school district approved or designated by the board solely for purposes of the school district tax authorized under this amendment.
c.
2. There shall be a School Attendance and Tax District known as the “Pell City School Attendance and Tax District” as it now exists by agreement between the Pell City Board of Education and the St. Clair County Board of Education, or as modified by subsequent agreement of the two boards.
3. The St. Clair County Board of Eduction, without the necessity of any election, may change the boundaries of any School Attendance and Tax District, or consolidate any two or more School Attendance and Tax Districts, if the taxes authorized to be levied for public school purposes in all of the territory in the district after the change of boundaries or consolidation is effected shall be at the same aggregate rate and for the same duration of time; provided, however, that nothing contained in this paragraph shall be construed to impair or permit the impairment of the obligation of any contract created with respect to any obligations or securities incurred or issued with respect to any School Attendance and Tax District. Nothing in this paragraph shall operate or be construed to abridge or affect any existing authority or power conferred on the St. Clair County Board of Education, by any existing law, but shall be in addition thereto.
(2) The proceeds of any school district tax levied under this amendment shall be used for the exclusive benefit of the School Attendance and Tax District in which the school district tax is levied.
(3) The proceeds of any school district tax levied under this amendment shall not supplant or reduce any other funds distributed for the benefit of the St. Clair County Board of Education, the Pell City Board of Education, or a School Attendance and Tax District.
§59-11.00 | GENERAL PROVISIONS
The provisions of this amendment shall not apply to any municipality incorporated in the future that lies entirely within the boundaries of St. Clair county.
The provisions of this amendment shall not apply to any territory presently annexed within St. Clair county by a municipality located outside of the county.
The legislature may pass local or general acts to supplement this amendment, so long as such acts do not contravene the provisions of this amendment.
§59-11.20 | FIRE PROTECTION PURPOSES
(b) Within 30 days of payment into the fire protection trust fund of the proceeds from the additional tax levied pursuant to (a), each eligible fire department in the county shall make a requisition to the county commission for a share of the tax proceeds in the fund. The county commission shall divide the funds equally among the eligible fire departments of St. Clair County.
(c) Funds allocated to eligible fire departments shall only be expended for fire protection and emergency medical services including day to day operations, training, supplies, buildings, capital improvements, and equipment. All expenditures shall be documented with the county commission. An eligible fire department means a fire department located in St. Clair County which is certified under the guidelines of the Alabama Forestry Commission. Any tax proceeds allocated for fire protection and emergency medical services under this amendment may not be expended for salaries, food, drink, social activities, or fundraising activities. After receiving funds, the fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each fire department shall file a form with the county commission detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The St. Clair County Fire and Emergency Medical Service Association shall supply the accounting forms to each eligible volunteer fire department.
(d) The fire protection trust fund provided for in subsection (a) shall be audited by the State Department of Examiners of Public Accounts when the county is audited.
(e) Upon dissolution or abandonment of any eligible fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred back to the fire protection trust fund to be allocated to the remaining eligible fire departments.
(f) Personnel of eligible fire departments shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire and emergency medical services departments.
§60-2.00 | JUDGE OF PROBATE COMPENSATION
All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate of Sumter county shall continue to be collected but shall be paid into the general fund of Sumter county.
The county commission of Sumter county shall provide the judge of probate with such office personnel, equipment and supplies as such county commission may consider necessary for the proper and efficient conduct of his office. Compensation of any personnel so provided shall be fixed by the county commission and shall be paid in equal monthly installments out of the general fund of Sumter county.
§60-2.20 | GENERAL AUTHORITY
(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Sumter County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.
§60-4.00 | SUMTER COUNTY
2. To lease, sell for cash or on credit, exchange, give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein.
4. To become a stockholder in any corporation, association or company.
5. To lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. To become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidence of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidence of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of Sumter county, or may be limited as to the source of their payment.
8. To pledge to the payment of any bonds, warrants, notes or other obligations or evidence of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidence of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. To create a public authority or corporation having such powers, managed and governed by such board or governing body subject to such limitations as the governing body of Sumter county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county.
This amendment shall be self-executing; but the legislature may enact general, special or local laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
§60-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§60-11.00 | FIRE PROTECTION PURPOSES
(b) Within 30 days of payment into the county general fund, the county commission shall pay the funds to the Sumter County Volunteer Firefighters’ Association. The county association shall divide the funds equally among all eligible volunteer fire departments collectively, and the Alabama Forestry Commission at each bimonthly meeting of the county association. The county commission and the county association may jointly establish rules regarding the transfer, investing, accounting, and handling of the funds.
(c) Funds paid to eligible volunteer fire departments shall only be expended for fire protection services, including training, supplies, buildings, capital improvements, and equipment. An eligible volunteer fire department shall mean a volunteer fire department located in Sumter County that is certified under the guidelines of the Alabama Forestry Commission, shall have at least an ISO class 9 rating, and is a member in good standing of the Sumter County Association of Volunteer Fire Departments. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the eligible volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each department and the Alabama Forestry Commission shall file a form with the county association detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department and the Alabama Forestry Commission.
(d) The Alabama Forestry Commission’s share of the funds collected shall be used in Sumter County only. The funds shall be used for buildings and purchase of equipment. The funds shall not be expended for salaries.
(e) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county association.
(f) The personnel of eligible volunteer fire departments and the Alabama Forestry Commission shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of eligible volunteer fire departments and the Alabama Forestry Commission.
§61-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§61-2.01 | COUNTY JAIL
§61-2.20 | JUDICIAL COMMISSION
The Talladega County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to any vacancy in the offices of judge of the circuit court, judge of the district court, and district attorney. The five members of the commission shall consist of the following: The presiding judge of the Circuit Court of Talladega County, as a nonvoting ex officio member who may only vote in the event of a tie vote among the other four members of the commission, and who shall preside over all meetings of the commission; the commissioner of the Alabama State Board of Bar Commissioners representing Talladega County, as an ex officio voting member; and three residents of Talladega County who are not members of the Alabama State Bar. Appointed members shall serve for terms of four years. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen. The term of office for the initial appointed members of the commission shall begin immediately upon appointment.
The nonlawyer members of the commission shall be appointed by mutual consent of the members of the state Legislature who represent Talladega County. The nonlawyer members of the commission shall not be eligible to serve two successive terms.
The presiding judge of the Circuit Court of Talladega County shall certify in writing to the Judge of Probate of Talladega County his or her own name and the name of the Alabama State Bar Commissioner representing Talladega County, as ex officio members. The appropriate members of the state Legislature representing Talladega County shall certify in writing to the Judge of Probate of Talladega County the names of the three resident members appointed to the commission.
The Judge of Probate of Talladega County shall record all certificates of election and shall safely and permanently keep the original and all subsequent certificates of election. Immediately upon receipt and recordation of a certificate of election, the judge of probate shall send a certified copy to the Governor.
No member of the commission shall seek appointment as a judge of the circuit court, judge of the district court, or district attorney during the term of office for which the member has been selected.
The members of the commission shall not receive any salary or other compensation for their service as members. No appointed member of the commission shall hold any public office. No member of the commission shall hold any official position in any political party.
If, after the ratification of this amendment, a vacancy occurs in Talladega County in the offices of judge of the circuit court, judge of the district court, or district attorney, the presiding judge of the Circuit Court of Talladega County shall call a meeting of the commission to fill the vacancy. The commission shall nominate three persons having the qualifications for the vacant office. The nominations shall be made only by the concurrence of a majority of the members of the commission. The presiding judge of the circuit court shall certify the three nominees to the Governor, who shall appoint one to the office in which the vacancy exists. If the Governor fails to make an appointment from the submitted list within 30 days from the date of submission, the appointment shall be made from the list by the Chief Justice of the Supreme Court of Alabama. If the appointment is for a judicial vacancy, the appointee shall hold office for an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after completing one year in office. At the election, the judicial office shall be filled for a full term of office beginning at the end of the appointed term. If the appointment is for the office of district attorney, the appointee shall hold office for the term or the remainder of the unexpired term as provided by law.
§61-3.00 | BUDGET
A refusal to perform any requirement of this amendment or an improper or illegal performance of any requirement of this amendment shall subject the offender to a penalty of $250.00 to be recovered in an action instituted in the circuit court of Talladega county and shall subject such offender to impeachment.
§61-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§61-6.00 | PROHIBITION AGAINST USE OF CERTAIN BIOSOLIDS
(b) For the purposes of this amendment, “septage” means any liquid or materials removed during the pumping of a domestic onsite sewage disposal system, including sewage, a mixture of sewage, sludge, fatty materials, and human feces.
(c) In Talladega County, septage may not be applied on land as a fertilizer or soil amendment or otherwise.
§61-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
(b) A mayor, sheriff, or elected or appointed Talladega County official may not assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every mayor, sheriff, or elected or appointed Talladega County official may participate in the Employees’ Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Talladega County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees’ Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office and must make the election within one year of the effective date of this amendment.
(c) Notwithstanding the provisions of subsection (b), the county commission may negotiate terms of any contract with a sheriff, mayor, or elected or appointed official who under this amendment will be eligible to participate in the Employees’ Retirement System.
§61-9.00 | DEFENSE OF PERSON ON CHURCH PREMISES
Church
(1). A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.Deadly physical force
(2). Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.Force
(3). Physical action or threat against another, including confinement.Premises
(4). The term includes any building, as defined in this section, and any real property.(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.
(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A–3–21, Code of Alabama 1975.
(f)
(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.
(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.
§61-10.20 | SCHOOLS—GENERAL AUTHORITY
§61-10.21 | ADDITIONAL TAX AUTHORIZED
§61-10.22 | DISTRICT NO. 1
2. If a majority of the qualified electors of school district number one, Talladega county, who participate in the election on the adoption of this article of amendment vote in favor of such adoption, then the approval of the amendment as expressed by such vote shall of itself authorize the levying of the special tax provided for herein at the maximum rate specified for a period not exceeding twenty years.
§61-10.23 | LEVY OF ADDITIONAL TAX
§61-11.00 | PUBLIC ROADS, HIGHWAYS, BRIDGES, AND FERRIES
§61-11.20 | CREATION OF DISTRICTS; COLLECTION OF FEES
§62-4.00 | TALLAPOOSA COUNTY AND MUNICIPALITIES THEREIN
Neither Tallapoosa County nor any municipality therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Tallapoosa County or any municipality therein is approved at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity.
(2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind.
(3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Tallapoosa County or any municipality therein. In carrying out the purposes of this amendment, neither Tallapoosa County nor any municipality therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Tallapoosa County or by any municipality therein, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state.
§62-8.00 | CERTAIN PUBLIC OFFICIALS
§62-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§62-9.00 | ENFORCEMENT OF ON PRIVATE ROADS
§62-10.20 | SPECIAL SCHOOL DISTRICT TAX
§62-10.40 | PUBLIC HOSPITAL PURPOSES
Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Tallapoosa county, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county.
The governing body of Tallapoosa county shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said districts three and four, any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it.
No securities issued or contracts made by Tallapoosa county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Tallapoosa county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.
The districts three and four of Tallapoosa county herein referred to are the districts three and four provided for in Act No. 241, Local Laws of Alabama, approved September 7, 1923 (Local Acts of 1923, pages 144, 145).
§62-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Tallapoosa County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required.
§62-11.20 | WILLOW POINT ESTATES
(b) For the purposes of this amendment, “Willow Point Estates” means:
(2) Willow Point Estates—Phase 3, Plat Book 5, Page 201, 08/23/1972.
(3) Willow Point Estates—Phases 2–4 and 5, Plat Book 6, Page 21, 08/01/1973.
(4) Willow Point Estates—Phase 6, Plat Book 56, Page 140, 05/27/1977.
(5) Willow Point Estates—Phase 7, Plat Book 7, Page 57, 03/03/1986.
(6) Willow Point Estates—Amended Phase 6, Lots 37 and 39, Plat Book 7, Page 73, 12/09/1986.
(7) Willow Point Estates—Phase 7A, Lot 22, Plat Book 7, Page 78, 01/28/1987.
(8) Willow Point Estates—Phase VIII, Plat Book 7, Page 82, 04/02/1987.
(9) Willow Point Estates—Phase VII B, Plat Book 7, Page 85, 05/20/1987.
(10) Willow Point Estates—Phase VII C, Plat Book 7, Page 90, 01/19/1988.
(11) Willow Point Estates—Amended Phase VII C, Plat Book 7, Page 128, 02/16/1989.
(12) Willow Point Estates—Phase IX, Plat Book 7, Page 158, 07/31/1990.
(13) Willow Point Estates—Phase X, Plat Book 7, Page 162, 09/26/1990.
(14) Willow Point Estates—Phase 2–A (Being a Replat of Lots 15 and 16, Block A, Willow Point Estates at Plat Book 6, Page 21), Plat Book 8, Page 1, 05/21/1993.
(15) Willow Point Estates—Phase Six “B”, Plat Book 8, Page 72, 02/06/1997.
(16) Willow Point Estates—Replat of Lot 17, 18, and 19 Willow Point Estates, Phase II 4 and 5, Plat Book 9, Page 27, 09/15/1999.
(17) Willow Point Estates—Phase 3A, (Being a Replat of Lot 7 of Willow Point Estates at Plat Book 5, Page 201), Plat Book 10, Page 17, 01/17/2002.
(18) Willow Point Estates—Resurvey of Lot #1, Phase 1, Plat Book 10, Page 39, 07/16/2003.
(19) Willow Point Estates—Phase II–B, (Being a Replat of Lots 1–6, Willow Point Estates, Block C, Phase 2, at Plat Bk 6, Page 21), Plat Book 10, Page 50, 12/15/2003.
(20) Willow Point Estates—Phase VII–D, (Being a Replat of Lots 20 and 21 of Willow Point Estates, Phase VII at Plat Bk 7, Page 57), Plat Book 12, Page 91, 06/08/2016.
(21) Willow Point—Phase XI, Plat Book 8, Page 57, 06/19/96.
(22) Willow Point—Phase XII, Plat Book 8, Page 58, 06/19/96.
(23) Willow Point—Phase XII–A, Plat Book 10, Page 56, 04/23/04.
(24) Glynmere at Willow Point, Plat Book 11, Page 22, 11/04/05.
§63-2.00 | VALIDATED AND CONFIRMED
§63-2.01 | GENERAL AUTHORITY
§63-2.02 | GENERAL AUTHORITY
§63-2.20 | JUDICIAL COMMISSION
(b) Members of the commission shall be elected in the following manner:
(2) After the 14–day period for nominations has passed, the Tuscaloosa County Bar Executive Committee shall certify each nominee who meets the criteria for election to the commission.
(3) The names of all nominees certified by the executive committee for each vacant position shall be provided to all members of the Tuscaloosa County Bar Association at least seven days prior to the announced date of the election. The standing rules and regulations of the Tuscaloosa County Bar Association shall govern the election process during the bar association meeting.
(4) The members of the commission who are not members of the state bar shall be selected by a majority of the Tuscaloosa County Legislative Delegation. At least 14 days prior to any meeting for the selection of the members to the commission who are not members of the state bar, the Presiding Judge of the Circuit Court of Tuscaloosa County shall notify the Chair of the Tuscaloosa County Legislative Delegation and all members of the Tuscaloosa Legislative Delegation of the need for a meeting to select candidates for the commission. The Chair of the Tuscaloosa County Legislative Delegation shall also notify the members of the legislative delegation and the presiding circuit court judge of the circuit of the time and location of the meeting. At the meeting, the senators and representatives shall select the members to be appointed to the commission. The Chair of the Tuscaloosa Legislative Delegation shall certify in writing to the Secretary of the Tuscaloosa County Bar Association the name of the individuals selected.
(d) The terms of office of the appointed members of the commission shall be six years. The length of each term shall be designated by the Executive Committee of the Tuscaloosa County Bar Association. Any vacancy on the Tuscaloosa County Judicial Commission shall be filled for the unexpired term in the same manner as the member was originally chosen.
(e) No member shall receive any salary or other compensation for services. No member of the commission, other than the Tuscaloosa County District Attorney and the Presiding Judge of the Circuit Court of Tuscaloosa County shall hold any elected office nor shall any member hold any official position in any political party.
(f) If, after the ratification of this amendment, a vacancy occurs in Tuscaloosa County in the office of judge of the circuit court or judge of the district court, the commission shall submit to the Governor within 45 days after the vacancy occurs a slate of three persons who are qualified for the office. The nominations shall be made only by the concurrence of a majority of the members of the commission. The presiding judge of the circuit court shall certify the three nominees to the Governor, who shall appoint one to the office in which the vacancy exists. If the Governor fails to make an appointment from the submitted list within 60 days from the date of submission, the commission shall submit a new list as provided in this section to the Governor.
§63-3.00 | BOND ISSUES FOR COURTHOUSE AND JAIL
§63-3.20 | HOURS OF POLLING PLACES
§63-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§63-8.00 | CERTAIN PUBLIC OFFICIALS IN CALHOUN AND TUSCALOOSA COUNTIES
§63-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§63-10.00 | OCCUPATIONAL TAX PROHIBITED
§63-10.20 | SPECIAL SCHOOL TAX
The funds arising from the special school tax to be levied hereunder and to be collected therefrom shall be expended for public school purposes for the exclusive benefit of the school district in which collected with all such tax collected in the city of Tuscaloosa to be expended in the city of Tuscaloosa. After said tax has been voted, and without further authorization or authority, as and when requested by the board of education of the city of Tuscaloosa, the city of Tuscaloosa shall issue and sell interest bearing bonds with principal and interest to be paid from the funds to be derived from the special school tax hereby levied in the city of Tuscaloosa and in the school district in which the city of Tuscaloosa is located, for the sole purpose of the construction and improvement of school buildings and the acquiring of sites therefor; provided, said net proceeds of said bonds shall immediately be paid to the board of education of the city of Tuscaloosa and said bonds shall not be issued for a longer period than thirty years, and said funds to be derived from said special school tax may be pledged by the city of Tuscaloosa for the payment of said bonds and the interest thereon, and provided that said bonds shall not be a general obligation of the city of Tuscaloosa or of Tuscaloosa county and shall not be charged to the constitutional debt limit of the city of Tuscaloosa or of Tuscaloosa county. After said tax has been voted, and without further authorization or authority, as and when requested by the board of education of Tuscaloosa county, Tuscaloosa county shall issue and sell interest-bearing bonds with principal and interest to be paid from the funds to be derived from the special school tax hereby levied in each school district in Tuscaloosa county, other than in the city of Tuscaloosa and the school district in which the city of Tuscaloosa is located, for the sole purpose of the construction and improvement of public school buildings and the acquiring of sites therefor; provided the net proceeds of said bonds shall immediately be paid to the board of education of Tuscaloosa county and that said bonds shall not be issued for longer than thirty years and said funds arising from said school tax may be pledged by Tuscaloosa county for the payment of said bonds and interest thereon and provided that said bonds shall not be a general obligation of Tuscaloosa county and shall not be charged to the constitutional debt limit of Tuscaloosa county.
Except as herein otherwise provided the elections hereinabove provided for shall be called, held and conducted as provided by law for calling, holding and conducting of district school tax elections. The governing body of the city of Tuscaloosa shall appoint and designate the officers, managers, clerks and returning officers and shall call, canvass, tabulate and declare the result of the elections provided for in the city of Tuscaloosa and in the school district in which the city of Tuscaloosa is located. The governing body of Tuscaloosa county shall appoint and designate the election officers, managers, clerks and returning officers and shall call, canvass, tabulate and declare the result of, the elections as to any and all school districts in Tuscaloosa county other than in the city of Tuscaloosa and the school district in which the city of Tuscaloosa is located. All such elections shall otherwise be conducted, held, canvassed, tabulated and the results declared as general elections are conducted, held, canvassed, tabulated and the results declared in Alabama.
§63-10.21 | SPECIAL PROPERTY TAX FOR EDUCATIONAL PURPOSES
Section 1.
The court of county commissioners, board of revenue or like governing body of Tuscaloosa county shall have the power to levy and collect a special property tax, in addition to all other taxes, now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property in the county situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, as such property was assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the county residing outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on the property in the county situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be called and held in the same manner as now provided by law for an election on the school district tax authorized in Sections 269.01 through 269.03. The tax on property situated outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be collected in the same manner and under the same requirements and laws as the taxes of the state are collected, and the revenues derived from such tax shall be used solely for school construction and other educational purposes in the territory of the county outside the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa.Section 2.
The court of county commissioners, board of revenue or like governing body of Tuscaloosa county shall likewise have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes; provided that such tax and the purpose or purposes thereof and the time such tax is proposed to be continued, shall have been first submitted to a vote of the qualified electors of the territory and voted for by a majority of those voting at the election. Except as herein otherwise provided, elections on proposals to levy this tax on property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa shall be ordered and held in the same manner as provided by the law applicable to elections on school district taxes. The additional tax, authorized by this amendment to be levied on property situated within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa, shall be collected in the same manner and under the same requirements and laws as other taxes levied on property in the city of Tuscaloosa are collected, and the revenues derived from this tax shall be used solely for school construction and other educational purposes within the territory subject to the jurisdiction and control of the city board of education of Tuscaloosa.Section 3.
If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at intervals of not less than one year.Section 4.
The special school tax herein authorized shall be effective for a period of thirty years.Section 5.
This amendment shall be self-executing, and no enabling legislation shall be necessary.§63-10.40 | PARKS AND MULTI–RECREATION AREAS AND FACILITIES
§63-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
The expenses of establishing and maintaining any such fire fighting and fire prevention system or any such garbage collection and disposal system in a district, as the case may be, shall be paid for exclusively by the proceeds of a service charge, which shall be levied and collected in an amount sufficient to pay the said expenses.
Said service charges shall be levied upon and collected from the persons and property to whom and to which such services are available; and the service charge shall be a lien upon any such property.
The Legislature may provide for the enlargement of a district by the addition of territory thereto, subject to the following conditions: (1) No territory lying within a municipal corporation at the time of such enlargement shall be added to a district except that all or part of any territory lying within a municipality having a population of 10,000 inhabitants or less may be included within a district upon approval by resolution of the governing body of the municipality; (2) subject to (3), next below, no territory shall be added unless the qualified electors thereof have approved the addition of such territory to the district at an election held for that purpose within the territory proposed to be added; (3) the Legislature may provide a procedure whereby territory will be included in a district upon the written petition for its inclusion signed by at least seventy percent (70%) of the qualified electors residing within said territory.
The Legislature shall adopt laws providing for the administration of the affairs of the district by the governing body of the county or by an agency of the county, and empowering the body administering the affairs of the district to levy and collect the service charge, subject to such restrictions and conditions as the Legislature imposes. The Legislature may provide that any such service charge shall not become effective unless approved by the electors of the territory, and may provide the conditions on which an election on such service charge shall be held.
The Legislature shall be authorized to enact laws providing for the collection and enforcement of the service charges and of the lien for such charges.
The Legislature may provide for the issuance of bonds for such districts with or without an election; provided, however, that all bonds issued hereunder shall be payable only out of the proceeds of the service charge authorized hereby, and no such bond shall be a general obligation of the county.
§64-2.00 | GENERAL AUTHORITY; COMPENSATION OF CERTAIN OFFICIALS
§64-2.20 | JUDGE OF PROBATE JURISDICTION
§64-2.21 | JUDGE OF PROBATE QUALIFICATIONS
§64-4.00 | WALKER COUNTY AND MUNICIPALITIES THEREIN
Any action referred to in subdivision (1), (2), and (3) which has been taken subsequent to January 1, 1996, is ratified, approved, and confirmed. Nothing herein shall authorize the county, or any municipality therein, to construct buildings for the purpose of lease or sale.
In carrying out the purposes of this amendment, neither Walker County nor any municipality located wholly within Walker County shall be subject to the provisions of Sections 93 or 94 of this constitution, as amended. The Legislature shall have the power, by special or local law, to create, or provide for the creation of, any public corporation, authority, board, agency, or other entity empowered or intended to assist or aid in any way the county or the municipality in carrying out the purposes of this amendment and the special or local law shall not be subject to the provisions of Sections 104 and 106 of this constitution, as amended. This amendment shall be self-executing and the powers granted hereby may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state and acting pursuant to this amendment.
No action may be taken under this amendment by the county or any of the municipalities until after the question of whether the county and the municipalities shall have the authority to take the action shall be submitted to the qualified electors of the county, at an election called for that purpose by the governing body of the county and a majority of the qualified electors voting at the election vote in favor of the county and the municipalities having the authority to take action.
(2) To lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or any such municipality, as applicable, all or any part of any site or project to any person, firm, or corporation, public or private, including any industrial development board, other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing or developing, by a purchaser or lessee, and equipping and operating, industrial, transportation, distribution, warehouse or research facilities, and offices and other facilities auxiliary to the foregoing.
(3) To grant public funds to the industrial development boards, public corporations, or authorities.
§64-7.00 | OPERATION OF BINGO BY NONPROFITS
(2) No bingo permit or license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least 60 months and owned real property at least five years immediately prior to issuing the permit or license.
(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate or rental shall not be based on a percentage of receipts or profits resulting from operating the bingo games.
(4) No nonprofit organization shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization may pay consulting fees to any individual or entity for any services performed relating to operating or conducting any bingo game.
(5) A nonprofit organization shall not lend its name or allow any other person or entity to use its identity in operating or advertising a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.
(6) Prizes given by any qualified nonprofit organization for playing bingo games shall not exceed the cash amount or gifts of equivalent value, set by the Legislature, during any bingo session. The Legislature shall set a maximum amount for any calendar week.
(7) No person or organization, by whatever name or composition, shall take any expenses for operating a bingo game except as permitted by law.
§64-8.00 | CERTAIN PUBLIC OFFICIALS
§64-8.20 | PARTICIPATION OF SHERIFF’S EMPLOYEES
§64-8.40 | REMOVAL OF CERTAIN PUBLIC OFFICIALS
§64-8.60 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
(b) For purposes of this amendment, “elected or appointed Walker County official” does not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit.
§64-10.00 | OCCUPATIONAL TAX PROHIBITED
§64-10.20 | SPECIAL ROAD TAX
Section 1.
The county of Walker, state of Alabama, shall have power to levy and collect a special road tax not exceeding fifty cents on each hundred dollars worth of taxable property in said county in addition to that now authorized or that may hereafter be authorized for the erection, construction or maintenance of the necessary public roads, bridges or ferries and in addition to that now authorized under section 215 of article XI of the Constitution, which special county tax so levied and collected shall be applied exclusively to the purpose for which the same was so levied and collected, provided, that the rate of such tax, the time it is to continue and the purpose thereof shall have first been submitted to the vote of the qualified electors of the county, and voted for by a majority of those voting at such election.Section 2.
Twenty-five per centum of all moneys derived from property lying within the municipalities and arising from the tax proposed herein shall be paid to such municipality and shall, by it, be expended for upkeep of its streets.Section 3.
The court of county commissioners, boards of revenue, or other governing body of said county may, or upon written petition of ten per centum of the qualified voters of Walker county, shall call and submit said election provided for and authorized by section 1 hereof to the qualified electors of Walker county either at the time of the general election or at a special election called for that purpose; provided, that said election shall be called and held in accordance with the law now or that may be enacted governing county bond elections, and in conformity with the general election laws of the state.§64-10.40 | SPECIAL TAX FOR PUBLIC SCHOOL PURPOSES
Section 1.
If authorized at an election held for such purpose, the governing body of Walker county may levy and collect a special county tax at a rate not exceeding one-half of one percent on the value of the taxable property within the county as assessed for state taxation, the proceeds of which shall be used exclusively for public school purposes; provided, however, that the governing body of Walker county shall not levy the special county property tax authorized by this amendment in addition to any tax authorized by a constitutional amendment proposed by the legislature at the same session of the legislature at which this amendment was proposed authorizing the governing body of each of the several counties in the state to levy an additional property tax for school purposes [Section 269.04]. This tax shall be apportioned among the county and city school systems on a teacher unit basis in the manner that minimum program funds are distributed.Section 2.
An election shall be ordered by the county governing body to determine whether or not a special tax shall be levied for public school purposes as authorized herein upon the request of the county board of education, and the election shall be held and conducted in accordance with general laws providing for school tax elections pursuant to Sections 269.01 through 269.03.§64-10.60 | PUBLIC HOSPITAL PURPOSES
Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Walker county, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest-bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county.
The governing body of Walker county shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said district two, any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it.
No securities issued or contracts made by Walker county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Walker county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts, made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities.
District two of Walker county herein referred to is the commissioner’s district two now established in Walker county as authorized by law.
§65-1.00 | COUNTY AUTHORIZED TO CHANGE STATUS RELATING TO ALCOHOLIC BEVERAGES
(b) In addition to any taxes authorized by law, the Washington County Commission may levy additional taxes, including license taxes, on the sale of alcoholic beverages in the county. Any proceeds from the taxes shall be deposited in the county general fund.
§65-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§65-3.00 | BOND ISSUES FOR ROADS AND BRIDGES
§65-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§65-10.20 | ADDITIONAL SCHOOL TAX
Section 1.
The court of county commissioners, board of revenue, or other like governing body of Washington county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in Sections 269.01 through 269.03 with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only.Section 2.
If this amendment is approved and a majority of the qualified electors of the county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax may not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes.§65-10.40 | SPECIAL TAX AND BOND ISSUES FOR COURTHOUSE AND JAIL
Section 1.
Washington county may become indebted in an aggregate principal amount not exceeding one million dollars in addition to the indebtedness of the county outstanding on the effective date hereof, for the sole purpose of financing the construction and equipment of a courthouse and jail and acquiring sites therefor. The county may issue and sell interest bearing general obligation bonds and pledge to the payment of the principal thereof and interest thereon the full faith and credit of the county and the proceeds of the special county tax provided for in section 2.Section 2.
In addition to all other taxes now or hereafter authorized by law, the court of county commissioners, board of revenue, or other like governing body of Washington county shall have the power to levy and collect, for a period not exceeding twenty years, a special ad valorem tax on property situated within said county, at a rate not exceeding four mills on each dollar of property as assessed for state taxation for the preceding year, the proceeds of said tax to be used solely for acquiring sites and constructing and equipping a courthouse and jail within said county or to pay any debt incurred for that purpose pursuant to section 1. Before any special ad valorem tax is levied, however, the question as to whether the tax shall be levied shall be first submitted to a vote of the qualified electors of the county at an election to be called by the governing body of the county, and shall be approved by a majority of the electors who vote thereon at said election. The election shall be called, held, conducted and canvassed, and may be contested in the same manner as provided by law for calling, holding, conducting and canvassing county bond elections. Upon the expiration of any tax authorized pursuant to this amendment, no further tax shall be authorized hereunder.Section 3.
In the event the qualified electors of Washington county do not authorize the levy of the special county tax provided for in section 2 at any election called hereunder, then other elections may be called by the county governing body from time to time until the electors of the county do authorize and approve the levy, provided that not more than two elections shall be held in the same year. If a majority of the electors of Washington county who participate in the election as to the adoption of this constitutional amendment vote to approve the amendment, such expression of the will of the electors of Washington county shall of itself authorize the levying of the special tax provided for and the issuance of the bonds. Approval of the tax levy at any election held hereunder shall be sufficient authority for issuance of the bonds as provided in section 1.Section 4.
Bonds issued pursuant to this amendment and the income therefrom shall be exempt from taxation.Section 5.
The legislature may enact appropriate legislation to implement the provisions of this amendment.§65-11.00 | PORT AUTHORITY
Section 1.
The governing body of Washington county, Alabama, is hereby authorized to declare by the adoption of appropriate resolution, the need for the formation of a public corporation to carry out the provisions of this act. Upon the adoption of such resolution the governing body of Washington county shall appoint five persons, each of whom must be a duly qualified elector and property owner in the said county, who shall form the board of directors of such corporation and shall proceed to organize such corporation.Section 2.
(2) The name of the corporation;
(3) A recital that the governing body of Washington county has declared by the adoption of an appropriate resolution the need for the formation of the corporation;
(4) The location of the principal office of the corporation;
(5) A statement that the corporation is organized for the purposes set forth in this amendment with all the powers and authorities specified in this amendment;
(6) The period of the duration of the corporation; and
(7) Any other matters which the persons forming the corporation may choose to insert therein which shall not be inconsistent with this amendment or with the laws of the state of Alabama.
(c) The certificate of incorporation shall be subscribed and acknowledged by each of the persons forming the corporation before an officer or officers authorized by the laws of the state of Alabama to take acknowledgements to deeds, and the certificate of incorporation shall have attached thereto a certified copy of the resolution provided for in section 1, and a certificate by the secretary of state that the name proposed for the corporation is not identical with that of any other corporation in the state or so nearly similar thereto as to lead to confusion and uncertainty.
Section 3.
The certificate of incorporation, when executed and acknowledged in conformity with section 2, shall be filed with the judge of probate of Washington county and with the secretary of state. The judge of probate shall thereupon examine the certificate of incorporation and, if he finds that the recitals contained therein are correct, that the requirements of section 2 have been complied with, and that the name is not identical with or so nearly similar to that of another corporation already in existence in this state so as to lead to confusion and uncertainty, he shall approve the certificate of incorporation and record it in an appropriate book or record in his office and shall also file the certificate of incorporation with the secretary of state. When such certificate is so filed, the corporation referred to therein shall come into existence and shall constitute a public body corporate and politic, vested with the rights and powers herein granted.Section 4.
The certificate of incorporation of the corporation incorporated under the provisions of this amendment may at any time and from time to time be amended in the manner provided in this section. The board shall first adopt a resolution adopting an amendment to the certificate of incorporation which shall be set forth in full in the said resolution and which amendment may include any matters which might have been included in the original certificate of incorporation.After the adoption of the resolution proposing an amendment to the certificate of incorporation of the corporation by the board, the president and secretary of the board shall sign and file for record in the office of the judge of probate in Washington county and in the office of the secretary of state a certificate in the name of and in behalf of the corporation under its seal, reciting the adoption of said resolution by the board. The judge of probate for Washington county shall thereupon record such certificate in an appropriate book in his office. When such certificate has been so filed and recorded, such amendment shall become effective, and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment.
Section 5.
(b) A majority of the members of the board shall constitute a quorum for the transaction of business, but any meeting of such board may be adjourned from time to time by a majority of the directors present or may be so adjourned by a single director if such director is the only director present at such meeting. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the authority. Any matter in which the board is authorized to act may be acted upon at a regular, special or called meeting. At the request of any director, the vote on any question before the board shall be taken by ayes and nays entered upon the record. All proceedings of the board shall be reduced to writing by the secretary of the board and recorded in a well-bound book which shall be open for inspection by each director and the public at all reasonable times. Copies of such proceedings when certified by the secretary of the corporation under its seal shall be received in all courts as evidence of the matters and things therein certified. The directors and officers of the corporation shall serve without compensation, except that they may be reimbursed for actual expenses incurred in the performance of their duties. Any director may be impeached and removed from office in the manner and on the same grounds provided for in Section 175 of the Constitution of Alabama of 1901, and the general laws of the state for impeachment and removal of officers mentioned in said Section 175.
(c) The corporation shall have a president, a vice president, a secretary and a treasurer and such other officers as the board shall deem necessary, but the office of secretary and treasurer may be held by the same person. The president and vice president of the corporation shall be elected by the board from the membership thereof; the secretary, the treasurer, and any other officer of the corporation may, but need not, be a member of the board and shall also be elected by the board. The officers of the board shall be elected at a regular meeting of the board to be held in the month of January of each year, and once elected shall serve until their successor is chosen and elected. The president, vice president, secretary and treasurer of the corporation shall also be the president, vice president, secretary and treasurer of the board, respectively.
(d) The corporation shall make to the governing body of Washington county an annual written report of its activities and of its plans for the future which report shall include a financial operating statement and balance sheet prepared by the examiner of public accounts for the state of Alabama or by a certified public accountant appointed by the corporation.
Section 6.
A corporation organized and existing under the provisions of this amendment shall have the following powers, together with all powers incident thereto or necessary for the performance of those stated herein:(b) To adopt an official seal and alter the same at its pleasure;
(c) To maintain a principal office in Washington county and sub-offices at such other places as its board may designate in Washington county;
(d) To sue and be sued in its own name, excepting actions in tort against the corporation;
(e) To construct, own, operate, lease, build, install, acquire, maintain, equip, use and control marinas, ports, waterfront facilities, docks, wharves, piers, berths, quays, warehouses, loading and unloading facilities, boat and barge docking facilities, fishing facilities, pavilions, auditoriums, shops, stores, boat launching facilities, dry docks, canals, recreational facilities, campgrounds, parking facilities, office and other commercial buildings, water systems, electrical systems, gas and fuel oil pipelines and pumping stations, railroad lines and railway systems, helicopter and airline landing and loading facilities, industrial and manufacturing sites, buildings and facilities, coal and other solid fuel handling facilities, wood products manufacturing and handling facilities, agriculture and farm commodity handling, storage and processing facilities, drainage and sewage facilities, liquid and solid waste handling and disposal facilities, conveyor systems, jetties, mooring facilities, and all necessary or convenient approaches, easements, roads, streets and ways leading thereto or used in conjunction therewith; and specifically including herein bridge and road relocation, and the construction, maintenance and operation of bridges, tunnels, overpasses, underpasses, roads and sidewalks; and the construction, leasing, operation, equipping, owning, using, controlling and maintaining of public terminal and transfer facilities, flood control facilities, water and soil erosion facilities, railroad and highway bridge relocation and construction and maintenance of the same and all other types of waterway facilities pursuant to all state, county, local and federal laws and regulations relative to the operation and maintenance of the Tombigbee river.
(f) To own, acquire, maintain and control easements, rights-of-way, streets, approaches, roads, interests in land, including the fee simple title to real property, riparian rights, and mooring rights necessary, useful or convenient in gaining access, entry or approach to waterways, rivers, canals and streams, whether or not navigable and whether or not such easements, rights of way, streets, approaches, roads, interests in land, riparian rights and mooring rights lead to property owned or controlled by the corporation.
(g) To acquire, whether by purchase, construction, exchange, gift, lease or otherwise and to improve, equip and furnish and to own and maintain or lease one or more projects or parts thereof, including all real and personal properties and interests therein which its board may deem necessary in connection therewith, regardless of whether or not any such project or projects shall then be in existence;
(h) To acquire, receive, take, hold, lease or operate, whether by purchase, gift, devise or otherwise, property of every description, whether real, personal or mixed, and to manage the same and to improve or develop any undeveloped property owned, leased or controlled by it;
(i) To sell, convey, lease or grant options for such purposes, any or all of its projects or properties, whenever its board shall find that such action is in the furtherance of the purposes for which the corporation was organized;
(j) To exchange or donate any or all of its projects or properties or parts thereof whenever its board shall find such action to be in furtherance of the purpose for which the corporation was organized;
(k) To execute and deliver such contracts or instruments of writing and to take such action as may be necessary or convenient to carry out the purposes for which the corporation was organized or to exercise any power or authority granted herein;
(l) To lease or let any project or any part thereof to such tenant or tenants for such term or terms at such compensation or rentals and subject to such provisions, limitations and conditions as its board may approve;
(m) To furnish or supply upon any property owned, leased or controlled by the corporation to any persons, machines, automobiles, and watercraft thereon, for reward or compensation, any goods, commodities, safety and health care facilities, fire fighting and prevention facilities, and services convenient or useful to the owners, operators and users of any watercraft, machines, and automobiles, and to persons upon property owned, leased or controlled by the corporation, including, but not limited to, food, lodging, shelter, lawful drinks, confections, oil, gasoline, motors and watercraft, motor and watercraft parts and equipment, guard services, space in buildings, space for buildings and structures, communication facilities, telephone systems, and the services of mechanics, repairmen and technicians;
(n) To charge fees for admission to any of its properties;
(o) To borrow money on such terms as are acceptable to the corporation for any corporate purpose and to execute and deliver its promissory note or notes and such other agreements as may be reasonably necessary or required to consummate the loan and secure the payment of the indebtedness;
(p) To sell, exchange and convey any of its properties that may have become obsolete or worn out or that may no longer be needed or useful, subject to the approval of the directors of the corporation;
(q) To procure and agree to the procurement of insurance or guarantees from the United States of America or any agency or instrumentality thereof, or from any private insurance company, of the payment of any bonds issued by the corporation, and to pay premiums or fees for any such insurance or guarantees;
(r) To enter into contracts with, to accept aid, loans and grants from, to cooperate with, and to do any and all things not specifically prohibited by this amendment, and other applicable laws of the state that may be necessary in order to avail itself of the aid and cooperation of the United States of America, the state, the county or any agency, instrumentality or political subdivision of either thereof in furtherance of the purposes of the corporation;
(s) To appoint, employ, contract with and provide for compensation of such officers, employees and agents, including engineers, attorneys, planning consultants, fiscal advisors, architects, accountants, financial experts, fiscal agents, managers and such other advisors, consultants and agents as may in its judgment be necessary or desirable as the business of the corporation may require, including the power to fix working conditions by general rule or other conditions of employment and at its option to provide a system of disability pay, retirement compensation and pensions or any of them and to hire and fire servants, agents, employees and officers at will;
(t) To fix, establish, collect and alter landing fees, docking fees, tolls, rents and other charges for the use of any facility or other property owned or controlled by the corporation;
(u) To make and enforce rules and regulations governing the use of any property or facility or other property owned or controlled by the corporation;
(v) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as its board may deem desirable;
(w) To enter into a management contract or contracts with any person, firm or corporation, whether public or private, for the management, supervision or operation of all or any part of its facilities as may in the judgment of the corporation be necessary or desirable in order to perform more efficiently or economically any function for which it may become responsible in the exercise of the powers conferred upon it by this amendment;
(x) To invest its monies [moneys] (including, without limitation, the monies [moneys] held in any special fund created pursuant to any trust indenture or agreement or resolution securing any of its bonds or notes and proceeds from the sale of any of its bonds or notes) not required for immediate use in:
(2) Any debt securities, the payment of the principal or any interest on which is unconditionally guaranteed by the United States of America,
(3) Any time deposit with, or any certificate of deposit issued by, any bank which is organized under the laws of the United States of America or any state thereof and deposits in which are insured by the Federal Deposit Insurance Corporation or any department, agency or instrumentality of the United States of America that may succeed to the functions of such corporation, and
(4) Any debt obligation in which an insurance company organized under the laws of the state may legally invest its money at the time of investment by the corporation;
(z) To mortgage and pledge any or all of its projects or any part or parts thereof, as security for the payment of the principal, interest and premium, if any, on any bonds so issued and any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues and receipts therefrom or from any thereof;
(aa) To exercise the power of eminent domain in the manner provided in and subject to the provisions of Act No. 85–548, S. 287, 1985 Regular Session (Acts 1985, p. 802), as amended;
(bb) To expend funds for the purchase or lease of materials, equipment, supplies or other personal property without compliance with the provisions of the competitive bid laws then in effect in the state of Alabama that might otherwise be applicable;
(cc) To lend upon such terms and conditions as its board may deem advisable, all or any portion of the proceeds derived from the issuance of its bonds, notes or obligations to a user, whether pursuant to one or more loan agreements or in conjunction with the lease or sale of one or more facilities to such user or the purchase of any authorized purpose obligation relating to a facility or facilities operated by such user, for one or more or any combination of the following purposes:
(2) To enable such user to refinance any outstanding indebtedness incurred or assumed in connection with the acquisition, improvement or operation of any existing facility or facilities;
(3) To enable such user to finance the costs of acquiring, by purchase, construction or otherwise, one or more facilities and/or the costs of expending or improving one or more facilities, regardless of whether any such facility has theretofore been owned or leased by such user or is to be acquired or leased by such user; and
(4) To enable such user to borrow working capital for use in the operation of one or more facilities;
Section 7.
(b) The principal of and interest on any bonds issued by the corporation shall be secured by a pledge of the revenues and receipts out of which the same may be payable and may be secured by a mortgage and deed of trust or trust indenture conveying as security for such bonds all or any part of the property of the corporation from which the revenues or receipts so pledged may be derived. The resolution under which the bonds are authorized to be issued and any such mortgage and deed of trust or trust indenture may contain any agreements and provisions respecting the operation, maintenance and insurance of the property covered by said mortgage and deed of trust or trust indenture, the use of the revenues and receipts subject to such mortgage and deed of trust or trust indenture, the creation and maintenance of special funds from such revenues and receipts, rights, duties and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made and the rights and remedies available in the event of default as the board shall deem advisable and which are not in conflict with the provisions of this article. Each pledge, agreement, mortgage and deed of trust or trust indenture made for the benefit or security of any of the bonds of the corporation shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid. In the event of default in such payment or in any agreements of the corporation made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust or trust indenture executed as security therefor, such default may be enforced by mandamus, the appointment of a receiver, or either of said remedies, and foreclosure of such mortgage and deed of trust or trust indenture may, if provided for in said instrument, be had.
(c) All bonds issued by the corporation shall be signed by the president of its board and attested by its secretary, and the seal of the corporation shall be affixed thereto, and any interest coupons applicable to the bonds of the authority shall be signed by the chairman of its board; provided, that a facsimile of the signature of one, but not both, of said officers may be printed or otherwise reproduced on any such bonds in lieu of his manually signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereof, and a facsimile of the signature of the president of the board may be printed or otherwise reproduced on any such interest coupons in lieu of his manually signing the same.
(d) Any such bonds may be executed and delivered by the corporation at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this article, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of its board. Bonds of the corporation may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board to be most advantageous. The corporation may pay all expenses, premiums and commissions in connection with any financing done by it. All bonds, except bonds registered as to principal or as to both principal and interest, and any interest coupons applicable thereto issued by the corporation shall be construed to be negotiable instruments although payable solely from a specified source.
(e) All obligations created or assumed and all bonds issued or assumed by the corporation shall be solely and exclusively an obligation of the corporation and shall not create an obligation or debt of the state or of any county or municipality; provided that the provisions of this sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the corporation. Any bonds issued by the corporation shall be limited or special obligations of the corporation payable solely out of the revenues and receipts of the corporation specified in the proceedings authorizing those bonds.
(f) Bonds of a corporation are hereby made legal investments for executors, administrators, trustees and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the source of the fiduciary’s authority, and for savings banks and insurance companies organized under the laws of the state.
Section 8.
All moneys derived from the sale of any bonds issued by the corporation shall be used solely for the purpose or purposes for which the same are authorized, including, but without limitation to, the use of bond proceeds to establish reserve funds as security for the payment of the principal of (and premium, if any) and interest on the bonds, and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to the fiscal, engineering, legal and other expenses incurred in connection with the issuance of the bonds, and except in the case of refunding bonds, interest to accrue on such bonds for a period ending not later than two years from their date.Section 9.
Any bonds issued by the corporation may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds payable from the same or different sources for the purpose of paying all or any part of the principal of the bonds to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such bonds that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the bonds to be refunded, any interest to accrue on each bond to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with refunding; provided, that unless duly called for redemption pursuant to provisions contained therein, the holders of any such bonds then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding bonds for such refunding. Any refunding bonds may be sold by the corporation at public or private sale at such price or prices as may be determined by its board to be most advantageous, or may be exchanged for the bonds or other obligations to be refunded. Any such refunding bonds may be executed and delivered by the corporation at any time and from time to time, shall be in such form and denominations and have such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this article, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of its board.Any refunding bonds issued by the corporation shall be issued and may be secured in accordance with the provisions of Section 7, hereof.
Section 10.
Upon the adoption by the board of the corporation of any resolution providing for the issuance of bonds, the corporation may, in its discretion, cause to be published once a week for two consecutive weeks, in a newspaper published or having a general circulation in Washington county, a notice in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the president or secretary of such corporation. “, a public corporation under the laws of the state of Alabama, on theday of, authorized the issuance of $principal amount of bonds of the said public corporation for purposes authorized in the act of the legislature of Alabama under which the said public corporation was organized. Any action or proceeding questioning the validity of the said bonds, or the pledge and the mortgage and deed of trust or trust indenture to secure the same, or the proceedings authorizing the same, must be commenced within thirty (30) days after the first publication of this notice”.Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in said notice or to contest the validity of any such bonds, or the validity of any pledge and mortgage and deed of trust or trust indenture made therefor, must be commenced within 30 days after the first publication of such notice. After the expiration of the said period no right of action or defense questioning or attacking the validity of the said proceedings or of the said bonds or the said pledge or mortgage and deed of trust or trust indenture shall be asserted, nor shall the validity of the said proceedings, bonds, pledge, mortgage, and deed of trust or trust indenture be open to question in any court on any ground whatsoever except in an action commenced within such period.
Section 11.
The corporation and all properties at any time owned by it and the income therefrom and all bonds issued by it and the income therefrom shall be exempt from all taxation in the state of Alabama, including, without limitation, ad valorem, sales, excise, license and privilege taxes; provided, however, this exemption shall not be construed to exempt concessionaires or lessees of the authority from the payment of any taxes, including licenses, privileges, or sales taxes levied by the state, county or any municipality. The certificate of incorporation of the corporation, the certificate of dissolution, all deeds or other documents whereby properties are conveyed to the corporation and all deeds, indentures or leases executed by the corporation may be filed for record in the office of the judge of probate of Washington county and, if necessary, in the office of the secretary of state, without the payment of any tax or fees other than such fees as may be authorized by law for the recording of such instrument.Section 12.
Washington county shall not in any event be liable for the payment of the principal of or interest on any bonds of the corporation or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the corporation, and none of the bonds of the corporation or any of its agreements or obligations shall be construed to constitute an indebtedness of Washington county within the meaning of any constitutional or statutory provision whatsoever.Section 13.
The corporation shall be exempt from the laws of the state of Alabama governing usury or prescribing or limiting interest rates.Section 14.
The corporation shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event a board shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the corporation, then any net earnings of the corporation thereafter accruing shall be paid to Washington county.Section 15.
At any time when the corporation has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the corporation shall be dissolved. Upon filing for record of a certified copy of the said resolution in the office of the judge of probate of Washington county, the corporation shall thereupon stand dissolved and in the event it owned any property at the time of its dissolution, the title to all its properties shall thereupon pass to Washington county.Section 16.
The existence of a corporation incorporated under the provisions of this amendment shall prevent the subsequent incorporation hereunder of another corporation pursuant to authority granted to such corporation.Section 17.
The contracts of the corporation shall be executed in the name of the corporation by the president of the corporation and attested by the secretary of the corporation. Except for bonds it is not required that the seal be impressed or printed on contracts. It is further provided hereby that, except for bonds, the corporation may provide by resolution for a different form for the execution of contracts and for the execution thereof by an officer or agent other than the president and secretary. But in no event shall a contract, irrespective of the form and of the person executing the same, be binding unless such contract was authorized or ratified by the corporation.Section 18.
Washington county or any municipality within the county, is authorized, but not required, to lease, sell, donate or otherwise convey to the corporation, real or personal property, including park properties, without the necessity of authorization by election of the qualified voters of said county, the municipality, and the governing body of said county or any municipality within the county, and is hereby authorized to enter into any agreements which such corporation may deem necessary in order to effectuate such lease, sale, donation, or transfer. The governing body of Washington county, or any municipality within the county, is further authorized to covenant with the corporation, which covenant shall likewise constitute a contract with the holders of any revenue bonds, notes or other obligations thereafter issued by the corporation, that it will not acquire, construct or operate or permit the acquisition, construction or operation within the municipality or county, of any facility in competition with the corporation so long as any of the bonds, notes or other obligation of the corporation shall remain outstanding.Section 19.
The provisions of this amendment shall be self-executing and become effective upon the ratification of this amendment by the people.§65-11.20 | CREATION OF DISTRICTS; COLLECTION OF FEES
The county commission is further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services.
There is hereby levied commencing October 1, 1989, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a fire protection tax of two mills. The fire protection tax levied herein shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Washington county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be paid into the county general fund and used in furtherance of fire protection within the affected area.
§66-2.00 | GENERAL AUTHORITY
The provisions of this constitutional amendment shall not be implemented in Wilcox county until implementation is approved by a vote of a majority of the qualified electors of Wilcox county voting in an election called by the county governing body to determine said issue; provided, however, that if a majority of the qualified electors of Wilcox county who participate in the election held on the adoption of this amendment vote in favor thereof, no further election need be held.
§66-2.20 | JUDGE OF PROBATE COMPENSATION
All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate of Wilcox county shall continue to be collected but shall be paid into the general fund of Wilcox county.
The county commission of Wilcox county shall provide the judge of probate with such office personnel, equipment and supplies as such county commission may consider necessary for the proper and efficient conduct of his office. Compensation of any personnel so provided shall be fixed by the county commission and shall be paid in equal monthly installments out of the general fund of Wilcox county.
§66-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§66-10.00 | AD VALOREM TAX FOR GENERAL COUNTY PURPOSES
7 mills to the county general fund.
Act 85–410, H. 777, Regular Session 1985, a constitutional amendment proposing higher ad valorem taxes and which proposed act is pending ratification by the people, is hereby repealed and rescinded.
§67-1.00 | PROHIBITION AGAINST LEGISLATIVE ACTION
§67-2.00 | GENERAL AUTHORITY
§67-2.20 | JUDGE OF PROBATE COMPENSATION AND DUTIES
The Winston County Commission shall provide for operating expenses of the office of judge of probate pursuant to general law.
All fees, commissions, allowances, percentages, and other charges allocable to the Judge of Probate of Winston County shall be collected, but shall be paid into the general fund of Winston County.
The judge of probate shall perform all duties relating to the issuance of motor vehicle license plates in the county and shall perform all duties relating to the assessment and collection of ad valorem taxes on motor vehicles, which have heretofore been performed by the revenue commissioner. The revenue commissioner is relieved of all duties and responsibilities relating to the assessment and collection of taxes on motor vehicles. The judge of probate shall receive the commissions and fees currently allocated to the revenue commissioner for performing these functions, and these fees and commissions shall be remitted to the county general fund. Reporting and remitting of the collections of these fees shall be made by the judge of probate or as otherwise required by law.
This constitutional amendment, after its ratification, shall become effective the beginning of the next term of office of the judge of probate.
§67-5.00 | SIXTEENTH SECTION SCHOOL LANDS
(b) Any proceeds from the sale of sixteenth section or school land shall be deposited into a trust account in Winston County.
(c) Any interest earned on the funds deposited pursuant to subsection (b) shall be annually distributed to the Winston County school system.
(d) Any proceeds generated from the sale of timber, minerals, or other natural resources of the land, or from the lease of sixteenth section or school land shall be paid directly to the Winston County Board of Education and deposited into the Winston County Board of Education General Fund.
(e) It is the intent of the Legislature that this amendment supersede any other provision of this constitution which may be construed as being in conflict with this amendment as it relates to sixteenth section or school lands in Winston County and the rights, power, and control of the property relating to the sale, lease, or other disposition of the land or the sale of timber, minerals, or other natural resources generated by the land, or any proceeds or interest earned therefrom.
(f) Upon ratification of this amendment, all proceeds realized from the sale, lease, or other disposition of sixteenth section or school land or the sale of timber, minerals, or other natural resources generated by Winston County sixteenth section or school lands occurring before ratification of this amendment, and held in trust by the State of Alabama, shall continue to be held in trust and any revenue and interest derived from those transactions shall be paid to the custodian of funds of the Winston County Board of Education.
§67-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§67-10.00 | CONSOLIDATION OF OFFICES; REVENUE COMMISSIONER
Unless otherwise provided by law, the revenue commissioner of Winston county shall be charged with the performance of any duty provided by law for the tax assessor and tax collector of Winston county, and his compensation shall be fixed by law. Immediately upon the beginning of the first term of office of revenue commissioner of Winston county, the offices of tax assessor and tax collector shall be abolished.
§67-10.20 | SPECIAL TAX FOR PUBLIC SCHOOL PURPOSES
§67-10.40 | SPECIAL TAX FOR HOSPITALS AND PUBLIC HEALTH PURPOSES
§67-11.00 | WATER COORDINATING AND FIRE PREVENTION AUTHORITY
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