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.
ALABAMA CONSTITUTION
LOCAL PROVISIONS
TITLE 2
BALDWIN COUNTY
§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
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