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ALABAMA CONSTITUTION
LOCAL PROVISIONS
TITLE 3
BARBOUR COUNTY

§3-2.00 | COMPENSATION OF CERTAIN OFFICIALS

The legislature may from time to time, by general or local laws, fix, alter and regulate the costs and charges of courts in Barbour county, and regulate the fees, commissions, percentages, allowances, and compensation to be charged or received by the probate judge and the sheriff of Barbour county, and may place the sheriff on a salary basis and provide for the fees charged or collected by him to be paid into the county treasury from which his salary shall be paid.

§3-2.01 | COUNTY JAIL

(a) In addition to any court costs and fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution, including without limitation Sections 96, 104, and 105 of the Constitution of Alabama of 1901, there shall be an additional twenty-five dollar ($25) fee assessed and taxed as costs on each civil case and an additional fifty dollar ($50) fee assessed on each criminal case, including traffic cases, filed in the Circuit Court, District Court, or any Municipal Court in Barbour County, as well as a fee not to exceed five dollars ($5) for the service of all pleadings and other documents in connection with any such action or case. The aforementioned fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived. The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Barbour County to be used by the county commission for the planning, designing, construction, financing, and operation of a new county jail. This amendment shall be self-executing and shall require no enabling legislation.

(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

(a) Effective October 1, 1997, the Judge of Probate of Barbour County shall receive compensation in the form of an annual salary in the amount provided by general or local law, which salary may be set from time to time by the Legislature. The salary paid in lieu of all other fees, allowances, and percentages heretofore provided by law, shall be paid in equal monthly installments out of the general fund in the county treasury.

(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

For the promotion of local economic and industrial development, the Barbour County Commission and the governing body of any municipality located therein, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following:

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.
(1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects.

(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

No person elected or appointed Sheriff of Barbour County, or any elected or appointed Barbour County official, may 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 sheriff or other elected or appointed Barbour 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. Barbour 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. No person may participate in both a supernumerary program and the Employees’ Retirement System based on the same service. For the purposes of this amendment, the words “elected or appointed county official” include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, constable, legislator, school board member, or any official elected from a judicial circuit.

§3-10.20 | SPECIAL TAX FOR COURTHOUSE PURPOSES

The court of county commissioners, board of revenue, or like governing body of Barbour county may levy each year hereafter, in lieu of the tax levy authorized by the first proviso of section 215, article XI of the Constitution, a special county tax on the taxable property within the county at a rate not to exceed twenty-five cents on each one hundred dollars worth of taxable property in such county, to pay any debt or liability incurred for the erection of a new county courthouse, for the construction, repair, and maintenance of other necessary public buildings, and for general county purposes; provided, that the rate of such tax, the time it is to continue, and the purpose thereof shall have been first submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at such election. The election 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.
Congratulations! You're now booked up on Title 3 of the Local Provisions to the Alabama Constitution!

This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).

Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to: Nevertheless – and as always – please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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