ALABAMA CONSTITUTION
LOCAL PROVISIONS
TITLE 8
CALHOUN COUNTY
§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.
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