ALABAMA CONSTITUTION
LOCAL PROVISIONS
TITLE 41
LEE COUNTY
§41-2.00 | VALIDATION OF PRIOR
§41-2.01 | GENERAL AUTHORITY
§41-4.00 | LEE COUNTY AND THE CITY OF OPELIKA
In carrying out the purposes of this amendment, neither Lee County nor the City of Opelika shall be subject to Sections 93 or 94 of this Constitution. Each public corporation heretofore created by Lee County or by the City of Opelika, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title 11 of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title 11 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.
Neither Lee County nor the City of Opelika shall 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 Lee County or the City of Opelika is approved at a public meeting of the governing body of the county or city, 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 city, 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 city 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 City of Opelika, 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 any municipality therein, 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 Lee County or the City of Opelika.
§41-8.00 | CERTAIN PUBLIC OFFICIALS
§41-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
A person who, on the effective date of this amendment, is serving as a supernumerary official in Lee County, or has made an election to become a supernumerary official, or is making contributions to a supernumerary program, or is otherwise entitled to participate in the supernumerary program established by statute may continue to serve or participate in the supernumerary program, which shall include the assumption of a supernumerary office after the effective date of this amendment, according to the terms and conditions of the law which established the supernumerary program, notwithstanding the fact that the person may be reelected after the effective date of this amendment to the public office he or she is holding on the effective date of this amendment or to another office covered by the supernumerary program in which he or she is participating. No person may participate in both a supernumerary program and the Employees’ Retirement System based on the same service.
§41-9.00 | CRIMINAL PENALTIES
§41-10.20 | TAX FOR EDUCATIONAL PURPOSES IN LEE COUNTY AND CITY OF OPELIKA
The city of Opelika shall likewise have the power to levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of not exceeding one-half of one per cent on the value of the taxable property situated within the corporate limits of the city, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for educational purposes, but may be pledged to the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes, which pledges shall take priority as provided in such bonds, warrants, or other evidences of indebtedness; 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 and voted for by a majority of those voting at the election. Elections on proposals to levy this tax on property situated within the corporate limits of Opelika shall be ordered and held in the same manner as provided by the law applicable to municipal corporations for elections to authorize the issuance of municipal bonds. The additional tax, authorized by this amendment to be levied on property situated within the corporate limits of Opelika, shall be collected in the same manner and under the same requirements and laws as other taxes levied on property by the city of Opelika are collected, and the revenues derived from this tax shall be used solely for school construction and other educational purposes within the limits of the city of Opelika.
If any proposal to levy a tax hereunder is defeated in any election, subsequent elections thereon may be held at any time.
Nothing contained in this amendment shall be construed to authorize the levy and collection of an additional tax on property situated within the corporate limits of the city of Auburn.
This amendment shall be self-executing.
§41-10.21 | ADDITIONAL SPECIAL SCHOOL DISTRICT TAX
Nothing contained in this amendment shall be construed to authorize the levy of an additional tax on any property within the corporate limits of either the city of Auburn or the city of Opelika.
§41-10.40 | JUVENILES
If a majority of the qualified electors of Lee county who participate in the election held on the adoption of this amendment vote in favor thereof, the governing body of Lee county must levy and collect the special tax as herein authorized at the maximum rate specified for each of thetax years next ensuing.
If a majority of the qualified electors of Lee county voting on this amendment vote against its adoption, the governing body of Lee county may thereafter from time to time call other elections on the question of levying the special tax as herein authorized and must call such an election within three months after receipt by the said county governing body of a petition signed by not less than five percent of the qualified electors of Lee county. After the special tax herein authorized shall have been levied for a period ofyears, the governing body of Lee county shall, on petition signed by not less than five percent of the qualified electors of the county, call an election on the question of discontinuance of the tax. If a majority of the electors voting upon the question shall vote in favor of discontinuance of the tax then the special tax shall be discontinued at the end of the tax year following the election. Such elections shall be called, held, conducted and canvassed in such manner as the governing board of Lee County shall provide.
The county governing body and any city or town of Lee county may from time to time appropriate county or municipal funds, as the case may be, for the same purposes for which the additional taxes hereby authorized may be levied.
§41-11.00 | CREATION OF DISTRICTS; COLLECTION OF FEES
The county commission of Lee county shall, at its next meeting after passage and approval of this amendment, appoint a committee consisting of the chief of each volunteer fire department within the county. The purpose of this committee will be to keep the commission informed and advised as to the status and needs of the departments and to assist the commission in the setting of priorities regarding fire protection and services.
The county commission may, in its discretion, authorize the expenditure of public funds in support of any fire district.
The Lee county commission may, upon recommendation of this committee, appoint a county fire marshal whose principle [principal] duty shall be the coordination of all fire protection within the county. This fire marshal shall perform such other tasks related to fire protection as may from time to time be assigned to him by the county commission.
This amendment is not intended nor shall it be construed to limit the authority or scope of the volunteer fire departments within Lee county or their operation within said county.
§41-11.01 | FIRE PROTECTION PURPOSES
The proceeds of any financial charge or assessment levied and collected pursuant to the provisions of this amendment shall be expended solely for payment of expenses of (i) providing fire protection services and facilities within the district in which such financial charge or assessment is so levied and collected (either directly or indirectly, as the legislature may specify), but otherwise in accordance with Section 41–11.00, and (ii) levying and collecting such financial charge or assessment. Any such financial charge or assessment may, any provision of the Constitution to the contrary notwithstanding, be levied upon and with respect to any property within the boundaries of the district in question regardless of whether such property is otherwise exempt from property taxation (on an ad valorem basis or otherwise).
The legislature shall, any provision of the Constitution to the contrary notwithstanding (including specifically, but without limiting the generality of the foregoing, Section 105), have the power, by general, special or local law, to provide for the implementation of the provisions of this amendment and otherwise to enact laws in furtherance of the purposes hereof and Section 41–11.00. Any such law enacted at the session of the legislature at which this amendment is proposed shall be and hereby is ratified, approved, validated and confirmed in all respects notwithstanding that notice of intention to apply therefor was not published as specified in Section 106 of the Constitution, as amended, provided that (1) notice of intention to apply therefor and stating the substance thereof shall have been published one time in a newspaper published in Lee county, and (2) such law by its terms becomes effective only upon the ratification of this amendment. Furthermore, Section 41–11.00 shall be and hereby is ratified, approved, validated and confirmed in all respects.
The provisions of this amendment shall not, except to the extent expressly provided herein, be construed as self-executing, it being understood that no financial charge or assessment shall be levied hereunder and no election with respect thereto shall be held hereunder unless and until the legislature, by general, special or local law, shall have (a) specified the rate or rates (or maximum rate) at which, and the period or periods (or maximum period) for which, any such financial charge or assessment may be levied, as well as the basis for any such financial charge or assessment, and (b) provided for elections to be held under or pursuant to the provisions of this amendment.
§41-11.20 | LEE COUNTY MUNICIPALITIES
(b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Lee 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.
(c) The provisions of this amendment restricting the planning and zoning authority of any municipality affected by the amendment shall expire on June 30, 1997.
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