ALABAMA CONSTITUTION
LOCAL PROVISIONS
TITLE 49
MOBILE COUNTY
§49-2.00 | JUDICIAL COMMISSION
The Mobile county judicial commission is hereby created for the purpose of nominating to the governor persons for appointment to such a vacancy. The members of such commission shall be (a) two persons who are members of the Alabama state bar, and (b) two persons who are not members of the Alabama state bar, and (c) one judge of the circuit court of Mobile county.
All members of such commission must reside in the territorial jurisdiction of the circuit court of Mobile county.
The two members of such commission who are required to be members of the Alabama state bar shall be elected by the members of such bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court of Mobile county. The executive committee of the Mobile county bar association or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of such members of such commission as are required to be members of the Alabama state bar. Such executive committee shall certify in writing to the probate judge of Mobile county the names of the persons elected as members of such commission by such members of such bar.
The senators and representatives in the Alabama legislature from Mobile county shall elect the two members of such commission who are required not to be members of the Alabama state bar. Such senators and representatives shall certify in writing to such probate judge the names of the persons elected by them as such members.
The judges of the circuit court of Mobile county shall elect the member of such commission who is required to be a judge of such circuit court. The judges of such circuit court shall certify in writing to such probate judge the name of the circuit judge elected by such circuit judges as such member.
The terms of office of all members of such commission shall be six years, except that the terms of office of the two members of the state bar first elected shall be for one and two years respectively, and of the two members first elected by the senators and representatives in the Alabama legislature from Mobile county shall be for three and four years respectively, and the term of the circuit judge elected by the circuit judges shall be for five years; the length of such terms of office of the members of such commission being indicated by the respective electing bodies. The terms of the initial members of such commission shall begin on January 16, 1982. A vacancy in the office of a member of such commission shall be filled for the unexpired term in the same manner as such member was originally chosen.
The probate judge of Mobile county shall record all such certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his receipt and recordation of every such certificate, he shall send to the governor a certified copy of every such certificate.
No member of such commission shall be eligible to succeed himself as such member or for nomination to the governor for appointment as judge of such circuit court or district court during the term of office for which such member shall have been selected.
The members of such commission shall not receive any salary or other compensation for their services as such members. No member of such commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of such commission shall hold any official position in any political party.
If, subsequent to January 15, 1982, a vacancy occurs in the office of judge of the circuit court or in the office of judge of the district court of Mobile county, such commission shall nominate to the governor three persons having the qualifications for such office. Such nomination shall be made only by the concurrence of a majority of the members of such commission. The governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for such office. Any vacancy occurring in the office of judge of the circuit or district court of Mobile county, which is required to be filled by appointment on nominations made by a judicial commission, shall be made within ninety days from the date of the submission of such nominations. In the event the governor fails to fill the vacancy from such nominations within such period, the appointment shall be made by the chief justice of the supreme court of Alabama. The appointee shall hold such office until the next general election for any state officer held at least six months after the vacancy occurs and until his successor is elected and qualified; the successor shall hold office for the unexpired term and until his successor is elected and qualified.
This amendment shall be self-executing.
§49-2.01 | 2022 JUDICIAL COMMISSION
(b)
b. Two individuals who are not members of the Alabama State Bar.
c. One judge of the circuit court of Mobile County.
b. The executive committee of the Mobile County Bar Association, or its successor body in that capacity, shall adopt policies and procedures consistent with this amendment for the election of the members of the commission that are required to be members of the Alabama State Bar.
c. The executive committee shall certify in writing to the judge of probate of Mobile County the names of the individuals elected as members of the commission by the members of the bar.
(3) The judges of the circuit court of Mobile County shall elect the member of the commission who is required to be a judge of the circuit court. The judges of the circuit court shall certify in writing to the judge of probate the name of the circuit judge elected by the circuit judges as a member. The judge member shall serve as chair of the commission.
(4) The Judge of Probate of Mobile County shall record all the certificates of election and shall safely and permanently keep the original certificates. Upon receipt and recordation of every certificate, he or she shall send to the Governor a certified copy of every certificate.
(2) The terms of the initial members of the commission shall begin on January 16, 2023.
(f) The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of the commission shall hold any official position in any political party.
(g)
(2) The nomination shall be made only by the concurrence of a majority of the members of the commission.
(3) The Governor shall appoint to the office in which the vacancy exists one of the three individuals nominated pursuant to this subsection for that office.
(4) Any vacancy occurring in the office of judge of the circuit or district court of Mobile County, which is required to be filled by appointment on nominations made by a judicial commission, shall be made within 90 days from the date of the submission of the nominations.
(5) In the event the Governor fails to fill the vacancy from the nominations within the 90–day period provided in subdivision (4), the appointment shall be made by the Chief Justice of the Supreme Court of Alabama.
(6) The commission shall establish procedures consistent with this amendment for nominating candidates to the Governor.
§49-3.00 | BOND ISSUES FOR PUBLIC ROADS
The limitation of six and one-half per centum (6 %) of the assessed value of taxable property in the county, hereinabove provided for, is applicable only to the amount of bonds that may be outstanding immediately following the delivery of each series of bonds issued hereunder and shall not restrict the total amount of bonds that may be from time to time issued hereunder.
The bonds issued hereunder shall be general obligations of Mobile county secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, so much of the said special tax as may be necessary to pay said principal and interest at their respective maturities. Each such pledge of the special tax made for the benefit of the bonds issued hereunder shall be on a parity with all valid pledges of said special tax theretofore or thereafter made for the benefit of bonds issued hereunder or under any other constitutional amendment, to such extent as shall not impair the obligations of any then existing valid pledges. The principal of each series of said bonds shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of any series of bonds maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama respecting the sale, execution, issuance, and redemption of bonds by counties, as such laws may exist at the time of the delivery of such bonds.
The provisions of this amendment shall be self-executing, and the enactment of local legislation shall not be a prerequisite to the taking of any action hereunder by the said county and its governing body; and no local legislation at any time adopted with respect to this amendment shall be effective, and all such local legislation is hereby repealed.
Mobile county shall in addition have authority under this amendment to make cash payments for the construction and improvement of hard surfaced roads, hard surfaced bridges and surface water drainage facilities, or any thereof, in said county, from any proceeds accumulated under the provisions of this amendment over and above such proceeds as are now or hereafter pledged to the payment of the principal and interest on bonds, warrants, notes or other evidence of indebtedness authorized under this amendment; provided however that no such construction or improvement work shall be started and no such cash payments shall be made unless and until such construction or improvement project, specifically named and described, has been approved by the affirmative vote of a majority of the votes cast on the question at an election in which all of the qualified electors of said county may vote; and the probate judge and all other appropriate election officials shall, upon application by the county commission of said county no less than forty days prior to any such election, include on the ballot for such election the question of whether the voters do approve such specifically named and described construction or improvement project.
§49-3.01 | BOND ISSUES FOR UNBONDED OBLIGATIONS
§49-3.02 | DEBT LIMIT
§49-3.03 | EXTENSION OF DEBT LIMIT
Bonds issued hereunder, together with bonds now or hereafter outstanding under authority of Section 49–3.00, together with redemption premiums thereon, shall be payable from any funds heretofore and hereafter derived from the proceeds of the tax at such rate or rates not exceeding one-half of one percentum of the assessed value of the property situated in the county which may from time to time be levied or which has been levied, under Section 49–3.00. The county governing body may agree in the proceedings authorizing the issue of school bonds and courthouse and jail bonds hereunder that it will, if and to the extent necessary to prevent default in the payment of principal or interest on such bonds, use for the payment of such principal or interest, or both, as a prior lien thereon so much of the proceeds of the tax of 2 mills authorized by section 215 of the Constitution as may be necessary. Further, after 30 days from the first publication in said county of the resolution authorizing and fixing the details of any bonds authorized to be issued hereunder, such bonds and the sources of payment provided therefor in such resolution shall be incontestable in any court in this state.
§49-3.04 | BOND ISSUES FOR PUBLIC SCHOOL BUILDINGS
The bonds issued hereunder, together with the bonds now or hereafter outstanding under authority of Section 49–3.00 and Section 49–3.03, together with redemption premiums thereon, shall be payable from any funds heretofore and hereafter derived from the proceeds of the tax at such rate or rates not exceeding one-half of one per centum of the assessed value of the property situated in the county which may from time to time be levied and which has been levied under Section 49–3.00 and also from the proceeds of any tax or taxes levied under this amendment; and the board of revenue and road commissioners or other governing body of Mobile county is hereby vested with full authority to continue to levy a tax in the amount authorized by Section 49–3.00, until all bonds issued pursuant to this amendment have been paid in full, or provision for such payment made, without again submitting the question of levying such tax and issuing such bonds to the qualified voters of Mobile county.
The proceeds from each sale of any of the bonds shall, after payment of the expenses of issuing the same, be covered into the county treasury and set apart therein in a special trust fund to be designated the “Public School Bond Fund.” The money paid into such fund shall be disbursed to the custodian of county school funds, and shall be used solely for the acquisition of public school sites, for the construction, reconstruction, alteration and improvement of public school building facilities, for the procurement of equipment therefor, and for payment of obligations incurred for any of such purposes in Mobile county.
The board of revenue and road commissioners or other governing body of Mobile county is hereby vested with full authority except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof; and such county governing body is hereby specifically authorized to pledge to the payment of such bonds so much of the proceeds of any tax hereinbefore or hereafter levied pursuant to Section 49–3.00, which has not already been pledged to the payment of other bonds of the county, and so much of the proceeds of any tax levied pursuant to this amendment as are needed for the payment of the bonds hereby authorized. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of Mobile county to be exercised by said board of revenue and road commissioners or other governing body of Mobile county at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by said county governing body in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said county governing body under which they were issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty-five years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the county the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said county governing body that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected by such determination. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said county governing body, to the bidder whose bid reflects the lowest net interest cost to the county computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said county governing body is received all bids may be rejected.
The bonds shall be signed in the name of the county of Mobile by the chairman of the board of revenue and road commissioner or other presiding officer of the county governing body and shall be countersigned by the county treasurer, and the seal of the county, if any, or a facsimile thereof, shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the clerk of the county governing body; provided that a facsimile of the signature of any one or any two (but not all) of the officers whose signatures appear on the bonds may be reproduced on any of the bonds in lieu of being manually signed thereon. Any coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the chairman of the county governing body, which facsimile signature shall constitute sufficient authentication of said coupons.
All bonds issued under the provisions of this amendment, together with the interest income therefrom, shall forever be exempt from all taxation in this state.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder; provided, however, that the legislature may enact appropriate legislation, not inconsistent with this amendment, respecting the use of the proceeds from the bonds and providing for the payment of the principal thereof and the interest thereon.
§49-3.05 | BOND ISSUES FOR SCHOOLS AND HOSPITALS
The bonds issued hereunder shall be general obligations of Mobile county secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, at the respective maturities of such principal and interest, so much as may be necessary for said purpose of the said special tax, each such pledge to be on a parity with all valid pledges of said special tax at any time made, to such extent as shall not impair the obligation of then existing valid pledges. The principal of each series of said bonds shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of any series of bonds maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, 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 issuance of such bonds respecting the sale, execution, issuance, and redemption of bonds by counties.
For payment of the principal of and interest on any bonds that may be issued hereunder, and so long as any of said principal and interest remains unpaid, the governing body of Mobile county is hereby authorized to continue the levy of the said special annual ad valorem tax provided for in Section 49–3.00 at such rate as may be sufficient to pay such principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of said bonds and all other bonds payable out of or secured by a pledge of said tax, shall not exceed one-half of one per centum ( of 1%) of the assessed valuation of taxable property in the county.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of said special tax for payment thereof.
§49-3.06 | BOND ISSUES FOR CAPITAL IMPROVEMENTS
The bonds issued hereunder shall be general obligations of Mobile county for the payment of the principal of and interest on which the full faith and credit of said county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of said principal and interest, at the respective maturities thereof, so much as may be necessary for said purpose of the said special tax, each such pledge to be on a parity with all valid pledges of said special tax at any time made, to such extent as shall not impair the obligation of then existing valid pledges. The principal of each series of bonds issued under the provisions of this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of the same series maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, 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 issuance of such bonds respecting the sale, execution, issuance, and redemption of bonds by counties. The indebtedness evidenced by the bonds issued hereunder or under any other amendment to the constitution which are payable out of or secured by a pledge of said special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of said county provided for in Section 224 of the constitution.
For payment of the principal of and interest on all bonds that may be issued hereunder, and so long as any of said principal and interest remains unpaid, the governing body of Mobile county is hereby authorized to continue the levy of the said special annual ad valorem tax provided for in Section 49–3.00 at such rate as may be sufficient to pay such principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of said bonds and all other bonds payable out of or secured by a pledge of said tax shall not exceed one-half of one per centum ( of 1%) of the assessed valuation of taxable property in said county.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of said special tax for payment thereof.
§49-3.07 | BOND ISSUES FOR CERTAIN PUBLIC BUILDINGS
Section A.
As used in this amendment the following terms shall be given the following respective meanings:“Special tax” means the annual ad valorem tax at the rate of of 1 per centum (equivalent to 5 mills on each dollar) of the assessed valuation of the taxable property in the county authorized to be levied by the county by the amendment known as Section 49–3.00, and also provided for in the amendments to the Constitution known as Sections 49–3.03, 49–3.04, 49–3.05, 49–3.06, and 49–10.40.
Section B.
Mobile county is hereby authorized to issue from time to time its bonds, not exceeding $3,000,000 in aggregate principal amount, of which $1,000,000 in principal amount shall be issued for the purpose of acquiring, providing, constructing and equipping a building for use as a juvenile detention home for the county in conjunction with the juvenile court of the county, and $2,000,000 in principal amount shall be issued for the purpose of acquiring, providing, constructing and equipping additions and improvements to the county courthouse building in the county; provided, that if all of the proceeds from the bonds issued for either of the said purposes shall not be needed for the purpose for which they were issued then the balance not so needed may in the sound judgment of the governing body of the county be expended for the said other purpose. The aggregate principal amount of all bonds at any time issued under this amendment, when added to the aggregate principal amount of all then outstanding bonds theretofore issued by the county under any other amendment to the Constitution of Alabama that are payable from or secured by the special tax shall not exceed 6 per centum of the assessed valuation of the taxable property situated in the county as assessed for state taxation for the state tax year next preceding that during which any bonds herein authorized shall be issued.No bonds may be issued under the authority of this amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of the county at any election called for that purpose by the governing body of the county and a majority of the said qualified electors voting at the said election shall have voted in favor of the issuance of such bonds; 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 the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for in this amendment and no additional election by the electors of the county shall be required to authorize the issuance of the said bonds. If the majority of the qualified electors of the county participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting at any election called by the governing body of the county under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at an election so called, the governing body of the county may from time to time call other elections hereunder on the issuance of such bonds, 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.
The bonds issued hereunder shall be general obligations of the county for the payment of the principal of and interest on which the full faith and credit of the county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of the said principal and interest so much of the special tax as may be necessary to pay the said principal and interest at their respective maturities, each such pledge to be on a parity with all valid pledges of the special tax at any time heretofore or hereafter made, to such extent as shall not impair the obligation of any then existing valid prior pledges.
The principal of each series of bonds issued under this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of that series and the last of which shall mature not later than thirty (30) years after the date of the bonds of that series; provided, that the maturities of each series of bonds issued under this amendment shall be arranged so that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of the county shall be more than four times as great as the smallest installment of principal of the same series maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and also all other bonds theretofore issued by the county and then outstanding that are payable out of or secured by a pledge of the special tax, shall not exceed the amount of the proceeds collected from the special tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued under this amendment 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 issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in section 224 of the Constitution.
So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of Mobile county shall continue the levy of the special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities; provided, that the total rate of the special tax that may be levied and collected for payment of the said bonds and all other bonds payable out of or secured by a pledge of the special tax shall not exceed 4 mills on each dollar of the assessed valuation of all properties subject to taxation by the county as assessed for state taxation and that the said rate of 4 mills on each dollar of the said assessed valuation shall be reduced for each tax year for which the special hospital tax authorized in paragraph G of the amendment to the Constitution known as Section 49–10.40 shall have been levied at a rate exceeding 1 mill on each dollar of the taxable property in the county, any such reduction to be by mill on each dollar of the assessed valuation of the taxable property in the county or by rate of millage equal to the rate by which the said special hospital tax levied for that tax year exceeds one mill on each dollar of the assessed valuation of such taxable property, whichever shall be the lesser reduction. The provisions of this paragraph shall be applicable, however, only to such extent as shall not impair the obligation of any pledges of the special tax heretofore made for the benefit of any bonds issued by the county prior to the adoption of this amendment.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of the special tax for payment thereof.
§49-3.08 | BOND ISSUES FOR GENERAL OBLIGATIONS
Section A.
As used in this amendment the following terms shall be given the following respective meanings:“OUTSTANDING SECURITIES” means any bonds, warrants, notes or other securities issued by the county subsequent to September 30, 1979, and prior to February 1, 1984, that are payable in whole or in part out of proceeds received by the county from the ad valorem tax authorized by Section 215 of the Constitution of Alabama of 1901, as amended.
“OUTSTANDING SPECIAL TAX SECURITIES” means any securities at the time outstanding that are payable in whole or in part out of proceeds of the special tax.
“SPECIAL TAX” means the annual ad valorem tax on each dollar of the assessed valuation of taxable property in the county authorized to be levied by the county by the amendment known as Section 49–3.00, and also provided for in the amendments to the Constitution known as Sections 49–3.03, 49–3.04, 49–3.05, 49–3.06, 49–3.07, and 49–10.40, and by procedures taken under the amendment to the Constitution known as Section 217..
Section B.
Mobile county is hereby authorized to apply proceeds of the special tax to the payment of the principal of and interest on and premium, if any) that will hereafter mature or otherwise become payable on the outstanding securities. The right of the county to apply the proceeds of the special tax for payment of the outstanding securities shall be subject to the provisions of this Constitution respecting the special tax and the pledge thereof for the benefit of the outstanding special tax securities. The proceeds of the special tax may be used for payment of the principal and interest on (and premium, if any) the outstanding securities, whether or not any bonds are issued hereunder.Section C.
Mobile county is hereby authorized to issue from time to time its bonds for the purpose of refunding all or any one or more of the issues of outstanding securities. The aggregate principal amount of all bonds at any time issued under this amendment, when added to the aggregate principal amount of all then outstanding bonds theretofore issued by the county under any other amendment to the Constitution of Alabama that are payable from or secured by the special tax shall not exceed 6 per centum of the assessed valuation of taxable property situated in the county as assessed for county taxation for the fiscal year of the county next preceding that during which any bonds herein authorized shall be issued.No bonds may be issued under the authority of this amendment until after the question of the issuance of such bonds 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 electors voting at the said election shall have voted in favor of the issuance of such bonds; 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 the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for in the first sentence of this amendment and no additional election by the electors of the county shall be required to authorize the issuance of those bonds. If the majority of the qualified electors of the county participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting at any election called by the governing body of the county under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at an election so called, the governing body of the county may from time to time call other elections hereunder on the issuance of such bonds, 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.
The bonds issued hereunder shall be general obligations of the county for the payment of the principal of and interest on which the full faith and credit of the county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of the said principal and interest so much of the special tax as may be necessary to pay the said principal and interest at their respective maturities, each such pledge to be on a parity with all valid pledges of the special tax at any time heretofore or hereafter made, to such extent as shall not impair the obligations of any then existing valid prior pledges.
All bonds issued under this amendment may be in such aggregate principal amounts, may be in such form and denominations and of such tenor and maturities, may be payable in such installments and at such time or times, not exceeding in the case of each such bond 30 years from its date, and may contain such provisions not inconsistent with this amendment as shall be provided in the proceedings of the governing body of the county whereunder such bonds shall be authorized to be issued. Except as herein otherwise provided, all bonds issued under this amendment 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 issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in Section 224 of the Constitution.
So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of Mobile county shall continue the levy of the special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities. The rate at which the county may levy the special tax is hereby fixed at 6 mills on each dollar of the assessed valuation of properties subject to taxation by the county as assessed for county taxation, which rate shall be the maximum rate at which the county may levy the special tax except to the extent that the said rate may be increased pursuant to provisions of this constitution hereafter adopted. Such rate shall not be subject to adjustment pursuant to Section 49–10.40.
Section D.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder, the levy of the special tax for payment thereof, or the use of the proceeds of the special tax for the purpose of paying the principal of or interest on the outstanding securities.§49-3.09 | BOND ISSUES FOR MOBILE COUNTY
Section A.
As used in this amendment the following terms shall be given the following respective meanings:“OUTSTANDING WARRANTS” means those two general obligation warrants of the county, each in the principal amount of $1,000,000, dated April 15, 1986 and maturing October 15, 1986, and any of the county’s notes, warrants or bonds issued after October 1, 1986 to refund such general obligation warrants.
“SPECIAL TAX” means the annual ad valorem tax at the rate of 65 one-hundredths of 1 per centum (equivalent to 6 mills on each dollar) of the assessed valuation of the taxable property in the county authorized to be levied by the county by the amendment known as Section 49–3.00, as amended by the amendment to the Constitution known as Section 49–10.42, and also provided for in the Amendments to the Constitution known as Sections 49–3.03, 49–3.04, 49–3.05, 49–3.06, 49–3.07, 49–3.08, and 49–10.40.
Section B.
The county is hereby authorized to issue from time to time its bonds, not exceeding $14,500,000 in aggregate principal amount, of which not in excess of $2,000,000 in aggregate principal amount shall be issued for the purpose of acquiring and improving, alone or in conjunction with other counties or municipal corporations, certain land located in the county for use by the Department of the Navy of the United States of America; not in excess of $2,000,000 in aggregate principal amount shall be issued for the purpose of acquiring and/or developing land, in one or more locations, for use as one or more industrial parks; not in excess of $500,000 in aggregate principal amount shall be issued for the purpose of constructing and equipping an intergovernmental office and service center for agricultural agencies; not in excess of $3,500,000 in aggregate principal amount shall be issued for the purpose of acquiring, constructing and equipping additions and improvements to the present county courthouse building in the county; not in excess of $4,500,000 in aggregate principal amount shall be issued for the purpose of acquiring, constructing and equipping additions and improvements to the present county jail facilities in the county; and not in excess of $2,000,000 in aggregate principal amount shall be issued for the purpose of refunding all or any portion of the outstanding warrants.Section C.
The county is hereby authorized to issue from time to time its bonds for the purpose of refunding all or any portion of any obligations of the county outstanding as of October 1, 1986 which are payable out of the proceeds of the special tax. Such bonds may be issued in any principal amount so long as the net proceeds of the sale thereof, after payment of expenses of issuance and sale thereof, do not exceed the principal amount of the obligations to be refunded. Part of the cash proceeds paid to the county at the time of the sale of any such refunding bonds as a result of decreased debt service may be used by the governing body of the county to finance salary increases or bonuses for employees of the county, not to exceed five percent (5%) across the board for all employees.Section D.
The aggregate principal amount of all bonds at any time issued under this amendment, when added to the aggregate principal amount of all then outstanding bonds theretofore issued by the county under any other amendment to the Constitution of Alabama that are payable from or secured by the special tax shall not exceed 6 per centum of the assessed valuation of the taxable property situated in the county as assessed for state taxation for the state tax year next preceding that during which any bonds herein authorized shall be issued.No bonds may be issued under the authority of this amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of the county at any election called for that purpose by the governing body of the county and a majority of the said qualified electors voting at the said election shall have voted in favor of the issuance of such bonds; provided, that if a majority of the qualified electors of the county participating in the election at which this amendment is voted on and voting on the question of the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for in this amendment and no additional election by the electors of the county shall be required to authorize the issuance of the said bonds. If the majority of the qualified electors of the county participating in the election at which this amendment is voted on and voting on the question of the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting at any election called by the governing body of the county under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at an election so called, the governing body of the county may from time to time call other elections hereunder on the issuance of such bonds, 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.
The bonds issued hereunder shall be general obligations of the county for the payment of the principal of and interest on which the full faith and credit of the county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of the said principal and interest so much of the special tax as may be necessary to pay the said principal and interest at the respective maturities of such bonds, each such pledge to be on a parity with all valid pledges of the special tax at any time heretofore or hereafter made, to such extent as shall not impair the obligation of any than existing valid prior pledges.
Bonds may be issued under this amendment in one or more series, and may bear interest which is tax exempt under the laws of the state of Alabama and the United States of America or which is not exempt from such taxation. Bonds issued hereunder may be sold at either public or private sale in such manner, at such price or prices and at such time or times as may be determined by the governing body of the county to be most advantageous. The principal of each series of bonds issued under this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of that series and the last of which shall mature not later than thirty (30) years after the date of the bonds of that series and otherwise may mature in such amounts during each fiscal year of the county as the governing body of the county shall determine, without regard to the limitations set forth in the amendment to the Constitution known as Section 49–3.00; provided, that the maturities of each series of bonds issued under this amendment shall be arranged so that the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and also all other bonds theretofore issued by the county and then outstanding that are payable out of or secured by a pledge of the special tax, shall not exceed the amount of the proceeds collected from the special tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued under this amendment 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 issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in section 224 of the Constitution.
The governing body of the county shall comply with the provisions of the state of Alabama competitive bid law (section 41–16–20, et seq., Code of Alabama of 1975), to the extent such law is applicable.
Section E.
So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of the county shall continue the levy of the special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities; provided, that the total rate of the special tax that may be levied and collected for payment of the said bonds and all other bonds payable out of or secured by a pledge of the special tax shall not exceed the rate at which the county may levy the special tax as fixed under the amendment to the Constitution known as Section 49–3.08, except to the extent that the said rate may be increased pursuant to provisions of this Constitution hereafter adopted. Such rate shall not be subject to adjustment pursuant to the provisions of the amendment to the Constitution known as Section 49–10.40.Section F.
This amendment is not intended to ratify or validate any contractual arrangements heretofore or hereafter entered into with respect to the sale of any bonds issued and sold hereunder.Section G.
The provisions of this amendment shall be self-executing, and authorization from, or other action by, the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of the special tax for payment thereof.§49-3.10 | INVESTMENT OF MUNICIPAL AND COUNTY FUNDS
In addition to any investments or obligations provided for by general law, any municipal or county funds not needed for other purposes may be invested in the procurement of secured repurchase agreements, secured commercial paper and secured banker’s acceptance, invested overnight and invested in higher yield rates of return for more flexible maturities.
§49-3.11 | BOND ISSUES FOR LAND AND CAPITAL IMPROVEMENTS
§49-4.00 | PROMOTION OF ECONOMIC AND INDUSTRIAL DEVELOPMENT IN CERTAIN COUNTIES
In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, 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 the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.
The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.
This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.
Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county’s or municipality’s prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses.
§49-5.00 | SIXTEENTH SECTION SCHOOL LANDS
§49-6.00 | BUDGET OF PUBLIC HOSPITAL BOARD
B. The board is hereby authorized and directed to prepare a budget for each of its fiscal years setting forth (a) the estimated amount of all expenditures that the board anticipates making during such fiscal year for payment of administering, operating and maintaining any public hospital facilities owned or managed by the board, including expenses for treatment and care of indigent patients, payment of rentals with respect to any such public hospital facilities, payment of costs of the acquisition and equipment of public hospital facilities, and payment of installments of principal and interest, or either, maturing during that fiscal year on obligations incurred or securities issued by the board for any of the aforesaid purposes; and (b) the estimated amount of all moneys that the board anticipates receiving during the same fiscal year and that the board has the right lawfully to apply for payment of the estimated expenditures set forth in the same budget, including revenue of the board from the operation of any public hospital facilities owned or operated by it, and any donations, taxes, appropriations, contributions by the United States and any income or receipts from any other source that the board has the right lawfully to use for payment of the said expenditures. Whenever the board shall determine that the estimated amount of the said expenditures during any fiscal year will exceed the estimated amount of the said receipts during any fiscal year, as shown by the budget for that fiscal year, then the board shall have the power to allocate the said deficit among Mobile county and each participating municipality, the amount allocated to each local subdivision being a sum constituting the same proportion of the total of the said deficit that the population of that local subdivision bears to a figure equal to the population of the entire of Mobile county plus the population of each participating municipality, all such population figures to be based on the last federal census or any subsequent federal or other official census, and shall have the power to assess, levy and collect from Mobile county and each participating municipality a sum equal to the portion of the deficit allocated by the board to each local subdivision, which sum shall be payable to the board by each local subdivision in twelve (12) equal monthly installments on the first day of each month in the fiscal year with respect to which the said budget was made; provided, however, that if a special annual ad valorem county tax for public hospital purposes shall be voted in Mobile county, then the power of the board to allocate any deficit among the local subdivisions and to assess, levy, and collect the amounts so allocated shall terminate after payment of the monthly installment falling due on the January 1 next succeeding the October 1 on which any such ad valorem tax so voted shall first be payable. The assessments and levies that the board is herein authorized to make, shall constitute binding obligations and debts of the local subdivisions collectible by suit or action brought by the board in any court of competent jurisdiction; but such obligations on the part of the aforesaid local subdivisions shall not be deemed to constitute debts of any local subdivision within the meaning of either section 224 or section 225 of the Constitution. The legislature shall have the continuing power by local or special legislation adopted at any time and from time to time, and without compliance with the provisions of section 106 of the Constitution, to specify the character and the maximum capacity or size of the public hospital facilities with respect to which items of expenditure may be included in any budget prepared by the board hereunder. Any such legislation adopted prior to the effective date of this amendment is hereby validated. The requirements of this amendment, and of any such legislation at any time adopted, as to the character and capacity or size of the public hospital facilities with respect to which items of expenditures may be included in any budget prepared by the board hereunder shall cease to be effective upon the termination, under the provisions hereof, of the power of the board to make allocation of the aforesaid deficit among the local subdivisions.
C. The 1955 board is hereby authorized to transfer to the board, and the board is hereby authorized to assume, all assets, contracts, properties, obligations and liabilities of the 1955 board. The corporate existence of the 1955 board and all of its acts in acquiring property, making contracts and incurring obligations and liabilities are hereby validated; and the transfer by the 1955 board to the board of all of the said assets, contracts, properties, obligations and liabilities and the assumption of all thereof by the board, to such extent as the said transfer and assumption shall have taken place on the date when this amendment becomes a part of the Constitution, are hereby validated. Following the completion of such transfer and assumption, the governing body of Mobile county is authorized to adopt a resolution declaring the 1955 board to be dissolved, whereupon it shall be dissolved.
D. Bonds and other securities issued by the board shall not be deemed to constitute debts of Mobile county within the meaning of section 224 of the Constitution or debts of any participating municipality within the meaning of section 225 of the Constitution, and shall not be deemed to constitute bonds of Mobile county or of any political subdivision thereof within the meaning of section 222 of the Constitution, regardless of whether any such bonds or other securities may be made payable from, or secured by a pledge of, the assessments herein provided for, the proceeds of any contract between the board and any local subdivision, all or part of the proceeds from any tax of any kind that may be allocated or appropriated to the board, revenues from operation of public hospital facilities owned or operated by the board, or any other revenues of the board. All pledges of any revenues of the board that may be made by it for the benefit of any securities issued by it shall take precedence in the order in which made and shall create a charge on the revenues so pledged prior to the expenses of operating and maintaining any public hospital facilities.
§49-7.00 | OPERATION OF BINGO BY NONPROFITS
(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.
§49-8.00 | CERTAIN PUBLIC OFFICIALS
§49-8.01 | SHERIFF
§49-8.20 | ESTABLISHMENT OF PENSION OR RETIREMENT SYSTEM
§49-8.21 | FORMER COUNTY AND MUNICIPAL OFFICERS
§49-8.22 | HEALTH INSURANCE PLAN FOR RETIRED EMPLOYEES
§49-8.23 | INVESTMENT OF POLICEMEN’S AND FIRE FIGHTERS' PENSION FUND CAPITAL AND INCOME
§49-8.24 | PARTICIPATION OF SHERIFF’S EMPLOYEES
§49-8.40 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§49-9.00 | CONTROL OF DANGEROUS DOGS
§49-10.00 | OCCUPATIONAL TAX PROHIBITED
§49-10.01 | PEST CONTROL PURPOSES
§49-10.20 | PROPERTY TAX FOR EDUCATIONAL PURPOSES
§49-10.21 | SPECIAL PROPERTY TAX FOR SCHOOL CAPITAL OUTLAY PURPOSES
The power to levy, granted by this amendment, will not be exhausted by one election but shall remain a continuing grant unless and until it be repealed by subsequent Constitutional action.
Should, at any election by the qualified electors of Mobile county held hereunder, as hereinbefore provided for, the proposal to tax be defeated; the proposal to tax may be renewed and another election had at any time, upon complying with the requisites of law for the calling of such elections; provided, however, that no such subsequent election may be had within one year after the election in which the proposal was defeated.
This amendment shall be self-executing and shall require no enabling legislation.
§49-10.22 | EDUCATION FIRST AMENDMENT
Section I.
This amendment shall be entitled the “Education First Amendment.”Section II.
As used in this amendment, the following terms shall be given the following respective meanings:(2) “Property Tax” means an ad valorem tax on the value of taxable property, as assessed for state taxation during the preceding tax year; provided, however, that such tax shall not be levied and assessed against any private passenger automobiles or motor trucks of the type commonly known as “pickups” or “pickup trucks” owned and operated by an individual for personal or private use and not for hire, rent, or compensation.
(3) “Sales and Use Tax” means a privilege or license tax levied on account of business activities, in an amount determined by application of applicable rates against gross sales or gross receipts, or an excise tax on storage, use, or other consumption of tangible personal property, as the case may be, which shall parallel, except for the rate of the tax, the state sales and use taxes levied pursuant to Chapter 23, Title 40, of the Code of Alabama 1975, as the same may be amended from time to time; provided, that in the event of the repeal of the statutes imposing the state sales and use taxes, the sales and use tax levied hereunder shall apply to and be imposed upon every person upon whom, had it not been for such repeal, the state sales and use taxes would have been levied.
Section III.
In addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, there is hereby levied and shall be collected a tax, the proceeds of which shall be used exclusively for public school purposes in Mobile County, including, without limitation, the payment of the principal of and interest on bonds, warrants, or other evidences of indebtedness issued for public school purposes. The taxes levied hereunder shall be determined as provided in Section 4 of this amendment and shall be:b. a property tax at the rate of 8 mills on each $1 on all property located within the corporate limits of the City of Mobile and the City of Prichard in Mobile County and an additional motor fuel tax in such jurisdictions at the rate of two cents ($.02) per gallon.
b. a property tax at the rate of 4 mills on each $1 on all property located outside the corporate limits of the City of Mobile and the City of Prichard in Mobile County and a sales and use tax at the rate of one-half percent (.5%) on account of business activities in areas of Mobile County outside the City of Mobile and the City of Prichard.
Section IV.
The taxes levied hereunder shall be determined by referendum to be held in Mobile County simultaneously with the referendum on the approval of this amendment. The question shall be submitted to the qualified voters of Mobile County, in a referendum separate from and in a position on the ballot immediately following the proposition on the approval of this amendment, in the following form:“If the Education First Amendment is approved by the voters, which of the following taxes to be levied for public school purposes do you favor? Vote for one.Question (2)
“FOR a property tax at the rate of 12 mills on each $1 on all property located within the corporate limits of the City of Mobile and the City of Prichard in Mobile County; or
“FOR a property tax at the rate of eight mills on each $1 on all property located within the corporate limits of the City of Mobile and the City of Prichard in Mobile County and an additional motor fuel tax at the rate of two cents ($.02) per gallon in those jurisdictions.
The foregoing question shall be submitted to and voted on only by the electors residing in the Cities of Mobile and Prichard in Mobile County.”
“If the Education First Amendment is approved by the voters, which of the following taxes to be levied for public school purposes do you favor? Vote for one.
“FOR a property tax at the rate of 12 mills on each $1 on all property located outside the corporate limits of the City of Mobile and the City of Prichard in Mobile County; or
“FOR a sales and use tax at the rate of one-half percent (.5%) in all areas located outside the corporate limits of the Cities of Mobile and Prichard in Mobile County and a special ad valorem tax at the rate of four mills on each $1 on property located in all areas of the county outside the corporate limits of the Cities of Mobile and Prichard.”
The taxes shall be levied upon approval of this amendment and in accordance with the results of the referenda provided for in this section. Failure of a person to vote on such question shall not affect the vote of that person on the question of the approval of this amendment. Likewise, the vote cast or the failure of a voter to vote on the approval of this amendment shall not affect his or her vote on the foregoing questions.
The judge of probate shall develop the two separate ballots to be submitted to each group of voters.
Section V.
Any property tax levied hereby shall be levied each year, without limit as to time, effective with the tax year commencing October 1, 2000, which tax is due and payable October 1, 2001; provided, that if this amendment is approved and proclaimed ratified later than September 30, 2001, it shall be effective with the first tax year as to which taxes become payable after the date it is proclaimed ratified. Except as to the exemption from such tax as provided in Section 2, such tax shall be assessed and collected in the same manner as all other ad valorem taxes with respect to property in Mobile County. Notwithstanding the foregoing, any property annexed into the corporate limits of the City of Mobile or the City of Prichard shall not be subject to the 12–mill or eight-mill additional ad valorem tax levied pursuant to the proposition in question (1) in Section 4 for a period of five years after annexation. During that five years, such property shall be subject to the same amount of ad valorem tax as is levied on property located outside the corporate limits of the City of Mobile and the City of Prichard.Section VI.
Any sales and use tax levied hereby shall be without limit as to time and shall be effective at the beginning of the third month following the month in which this amendment is proclaimed ratified. Any sales and use tax levied hereunder shall be administered and collected by the governing body of Mobile County or by such other officials to whom such duties may be delegated by the governing body of Mobile County from time to time. Any procedure or provision involving the State Department of Revenue which is incorporated herein by reference to the statutes imposing the state sales and use taxes shall be deemed to apply, with respect to the sales and use tax levied hereby, to the officer charged with the duty of administering and collecting such tax by the governing body of Mobile County. The governing body of Mobile County is hereby authorized to take such action as shall be necessary and appropriate to provide for the administration and collection of any sales and use tax levied hereby, including, without limitation, provisions for the making of returns or reports, the contents of returns or reports, collection and payment of taxes, keeping of records, penalties, assessments, and notices and examinations of taxpayers and their books, but all such provisions shall be parallel to the corresponding procedures with respect to the state sales and use taxes to the extent practicable. The proceeds of such tax, net of costs of collection, shall be paid to the Board of School Commissioners of Mobile County or its successors.Section VII.
Any motor fuel tax levied hereby shall be effective at the beginning of the third month following the month in which this amendment is proclaimed ratified.Section VIII.
The provisions of this amendment shall be self-executing, and authorization from or any other action by the Legislature or the governing body of Mobile County shall not be a prerequisite to the levy or collection of the taxes provided for herein or the use of the proceeds thereof for public school purposes in Mobile County.Section IX.
The actions and authority conferred by this constitutional amendment, specifically including, without limitation, the tax or taxes levied hereby and the method of determining the tax or taxes to be levied, are in all things validated and confirmed, any provision or provisions of the Constitution of Alabama of 1901, or any other laws of the state to the contrary notwithstanding, and to the extent that the provisions of this amendment may be inconsistent with provisions of any other provision or provisions of the Constitution of Alabama of 1901, or any other laws of the state, the provisions of this amendment shall control.§49-10.40 | SPECIAL TAX FOR PUBLIC HOSPITAL PURPOSES
B. If authorized by the vote of the majority of the qualified electors of Mobile county who participate in any election called for the purpose, the governing body of Mobile county must, subject to and in accordance with the provisions of this amendment, levy and collect, in addition to all other taxes authorized by law, a special annual ad valorem county tax at a rate not exceeding six mills on each dollar of taxable property in Mobile county, the proceeds from which shall be used solely for public hospital purposes.
C. If a majority of the qualified electors of Mobile county participating in the election on the adoption of this amendment shall vote for adoption of this amendment, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the special tax and in that event no additional election by the voters of Mobile county shall be required to authorize the levy of the special tax. If the majority vote at any election held hereunder is not in favor of the levy of the tax, or if at any such election the special tax shall be voted at a rate of less than six mills on each dollar of taxable property in Mobile county, then the governing body of Mobile county may from time to time thereafter call other elections hereunder on the levy of the special tax or on the increase of the rate thereof, up to but not exceeding six mills on each dollar of taxable property, and must call any such election within three months after the receipt by the said governing body of a petition for the calling of such election signed by not less than five percent of the qualified electors of Mobile county; provided, however, that not more than one election upon the levy of the special tax or upon the increase in the rate thereof, up to but not exceeding six mills as aforesaid, shall be held during any period of twelve consecutive months. After the special tax shall have been levied for a period of five years, the governing body of Mobile county may from time to time thereafter call other elections hereunder on the question of the discontinuance of the tax or a reduction in the rate thereof, such discontinuance or reduction to become effective for the tax year of the county next succeeding the tax year during which any obligations of the board that may be outstanding at the time of the election and that are payable out of or secured by any part of the special tax shall be finally retired; and after said five year period, the said governing body must call an election on the question of said discontinuance or reduction within three months after receipt by the said governing body of a petition for such election signed by not less than five percent of the qualified electors of Mobile county. If a majority of the qualified electors of Mobile county voting in any election upon the discontinuance of the special tax or reduction of the rate thereof should vote in favor of such discontinuance or reduction, then the special tax shall be discontinued or its rate reduced, as the case may be, such discontinuance or reduction to become effective for the tax year next succeeding the tax year when any of the aforesaid obligations outstanding at the time of the election shall be retired; provided, however, that not more than one election upon the discontinuance of the special tax or a reduction in the rate thereof shall be held during any period of twelve consecutive months. If the special tax shall be discontinued or its rate reduced pursuant to any election held hereunder, its levy or an increase in its rate up to the aforesaid maximum of six mills may be authorized at a subsequent election or elections held hereunder, and the special tax may thereafter again be discontinued or reduced in rate pursuant to subsequent election or elections held hereunder, it being the intention hereof that the power of the governing body of Mobile county to call elections hereunder, and its duty to call them upon receipt of petition as herein provided, shall be continuous, subject only to the requirement that not more than one election may be held hereunder during any period of twelve consecutive months. All elections held under the provisions of this amendment shall be called, held, conducted, and canvassed in such manner as the governing body of Mobile county shall prescribe.
D. Not later than February 1 in each tax year for which the special tax may be authorized hereunder to be levied, the board will certify to the governing body of Mobile county the rate of the special tax, not exceeding the rate at the time authorized by vote of the qualified electors of Mobile county as herein provided, that the board has determined should be levied in order to supply the funds needed for public hospital purposes during the next ensuing fiscal year of the board. During the month of February in each such tax year the governing body of Mobile county shall levy the special tax at such rate as may be certified by the board to be necessary, up to but not exceeding the rate then authorized as aforesaid, and the special tax so levied shall be due and payable on the then ensuing October 1. If the board should fail to make such certification with respect to the rate to be levied in any tax year, the governing body of Mobile county shall levy the special tax for that tax year at the maximum rate then authorized by vote of the qualified electors of the county as herein provided. All moneys derived from the collection of the special tax shall be paid over to the board as received and used by the board for public hospital purposes in the county. The board may anticipate the proceeds from the special tax by issuing for any one or more public hospital purposes the bonds, warrants, or other securities, of the board and may pledge for payment of the principal thereof and interest thereon not exceeding 75% of the annual proceeds from the special tax. All such pledges of the special tax shall take precedence in the order in which they are made and shall create a charge on the special tax prior to the expenses of operating and maintaining any public hospital facilities. Bonds and other securities issued by the board, including those that may be issued in anticipation of the special tax and also any other securities issued by the board, shall not be deemed to constitute debts of Mobile county within the meaning of section 224 of the Constitution and shall not be construed to be bonds of the county or of any political subdivision thereof within the meaning of section 222 of the Constitution.
E. The rate of ad valorem taxation for general municipal purposes that is at the time otherwise permitted by the Constitution to each particular municipal corporation in Mobile county shall be reduced for the tax year of the municipality next succeeding any tax year of Mobile county for which the special tax shall have been levied at a rate exceeding one and one-half mills on each dollar of taxable property in the county, any such reduction to be by a rate of millage equal to the rate by which the special tax levied for that tax year exceeds one and one-half mills on each dollar of such taxable property or by one and one-half mills on each dollar of taxable property in the county, whichever shall be the lesser reduction.
F. The rate of ad valorem taxation for general county purposes that is at the time otherwise permitted to Mobile county by the Constitution shall be reduced, for any tax year for which the special tax shall be levied, any such reduction to be by the same rate of millage at which the special tax shall be levied for the same tax year or by one mill on each dollar of taxable property in the county, whichever shall be the lesser reduction.
G. The rate of that certain ad valorem tax authorized by Section 49–3.00, as amended, and provided for also in those certain amendments to the Constitution known as Sections 49–3.02, 49–3.03, 49–3.04, 49–3.05, and 49–3.06 shall be reduced, for each tax year for which the special tax shall have been levied at a rate exceeding one mill on each dollar of taxable property in the county, any such reduction to be by one-half mill on each dollar of taxable property in the county or by a rate of millage equal to the rate by which the special tax levied for that tax year exceeds one mill on each dollar of such taxable property, whichever shall be the lesser reduction.
H. Mobile county and each municipal corporation therein are hereby prohibited from making any appropriation or payment to the board during any tax year of the county in which the special tax shall be collected, except to provide funds for constructing and equipping public hospital facilities, unless any such appropriation or payment shall have been authorized by a majority of the qualified electors of the political subdivision proposing to make such appropriation or payment at an election held on the question in the said political subdivision.
§49-10.41 | SPECIAL PROPERTY TAX FOR PUBLIC HOSPITAL PURPOSES
If a majority of the qualified electors of Mobile county who participate in the election held on the adoption of this amendment vote in favor thereof, the governing body of Mobile county must levy and collect the special tax as herein authorized at the maximum rate specified for each of the four tax years next ensuing.
If a majority of the qualified electors of Mobile county voting on this amendment vote against its adoption, the governing body of Mobile 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 Mobile county. After the special tax herein authorized shall have been levied for a period of four years, the governing body of Mobile 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 Mobile county shall provide.
The county governing body and any city or town of Mobile county may from time to time appropriate county or municipal funds, as the case may be, for the use and benefit of any public hospital located in the county.
§49-10.42 | CHANGE IN PURPOSES OF LEVY AND DISTRIBUTION OF SPECIAL TAX AUTHORIZED BY SECTIONS 49–3.00, 49–3.03 TO 49–3.06, INCLUSIVE, AND 49–11.20
“Special tax” means the annual ad valorem tax at the rate of of 1 per centum (equivalent to 5 mills on each dollar) of the assessed valuation of the taxable property in the county authorized to be levied by the county by the amendment known as Section 49–3.00, as amended, and also provided for in the amendments to the Constitution known as Sections 49–3.03, 49–3.04, 49–3.05, 49–3.06, and 49–3.40.
(b) 4 mills on each dollar (equivalent to of 1%) of the said assessed valuation shall be levied for payment of the principal of and interest on all bonds of the county heretofore and hereafter issued that are payable out of or secured by a pledge of the special tax; provided, that the said rate of 4 mills on each $1.00 of the said assessed valuation shall be reduced for each tax year for which the special hospital tax authorized in paragraph G of the amendment to the Constitution known as Section 49–10.40 shall have been levied at a rate exceeding 1 mill on each dollar of the taxable property in the county, any such reduction to be by mill on each dollar of the assessed valuation of the taxable property in the county or by rate of millage equal to the rate by which the said special hospital tax levied for that tax year exceeds one mill on each dollar of the assessed valuation of such taxable property, whichever shall be the lesser reduction.
§49-11.00 | DRAINAGE SYSTEMS, PUBLIC ROADS, AND SEAWALLS; BALDWIN AND MOBILE COUNTIES
§49-11.01 | WATER AND SEWER SYSTEM
(b) Upon transfer of its assets and liabilities pursuant to subsection (a), the Water Works and Sewer Board of the City of Prichard shall be dissolved.
(c) The rates for water and sewer service to existing customers of Mobile Area Water and Sewer System shall not be increased at any time for reasons related to the acquisition or maintenance of the assets, liabilities, or infrastructure of the Water Works and Sewer Board of the City of Prichard.
(d) Notwithstanding ratification of this amendment in accordance with applicable state law, this amendment shall not be effective and the actions, including, but not limited to, the transfer of assets and liabilities in subsections (a) and (b), shall not take place unless both of the following have occurred:
(2) A favorable vote by the majority of those persons who reside and voted in precincts any part of which are serviced by the Water and Sewer Board of the City of Prichard.
§49-11.02 | WATER AND SEWER SYSTEM TRANSFERRED
(b) Upon transfer of its assets and liabilities pursuant to subsection (a), the Water Works and Sewer Board of the City of Prichard shall be dissolved.
(c) The rates for water and sewer service to existing customers of the Mobile Area Water and Sewer System shall not be increased at any time for reasons related to the acquisition or maintenance of the assets, liabilities, or infrastructure of the Water Works and Sewer Board of the City of Prichard.
§49-11.20 | FIRE PROTECTION PURPOSES
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