ALABAMA CONSTITUTION
LOCAL PROVISIONS
TITLE 30
FRANKLIN COUNTY
§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.
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