ALABAMA CONSTITUTION
LOCAL PROVISIONS
TITLE 34
HENRY COUNTY
§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.
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