ALABAMA CONSTITUTION
LOCAL PROVISIONS
TITLE 52
MORGAN COUNTY
§52-2.00 | COMPENSATION OF CERTAIN OFFICIALS
§52-3.00 | BOND ISSUES FOR JAIL
§52-4.00 | MORGAN COUNTY AND THE CITIES OF HARTSELLE AND DECATUR
In carrying out the purposes of this amendment, neither Morgan county nor the city of Hartselle nor the city of Decatur shall be subject to the provisions of section 93 of the Constitution of Alabama, and the taxes which the county and the cities are hereinabove authorized to levy and collect are in addition to all other taxes which the county and the cities are authorized to levy and collect. This amendment shall be self-executing, but notwithstanding any contrary provisions of section 104 of the Constitution of Alabama, the legislature shall have the power, by general, special or local act, to enact laws supplemental hereto or in furtherance of the purposes hereof.
§52-4.01 | 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.
§52-5.00 | FILLING OF VACANCIES
§52-7.00 | OPERATION OF BINGO BY NONPROFITS
(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least three years in the county immediately prior to the issuance of the permit or license.
(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games.
(4) No nonprofit organization shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization shall pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.
(5) 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 the nonprofit organization is not directly and solely operating the bingo game.
(6) Prizes given by any 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 during any calendar week.
(7) No person or organization, by whatever name or composition thereof, shall take any expense for the operation of a bingo game except as permitted by law.
(c) The Legislature, may by local law, provide for the operation of bingo games for prizes or money by nonprofit organizations for charitable, educational, or other lawful purposes within any other city located within the boundaries of Morgan County pursuant to subsection (a) of Section 1 of this constitutional amendment.
§52-8.00 | OFFICE OF CONSTABLE ABOLISHED
§52-8.20 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§52-8.40 | SHERIFF
§52-9.00 | SHERIFF’S RESERVE FUNDING
§52-9.01 | SHERIFF’S POSSE FUNDING
§52-10.00 | CONSOLIDATION OF OFFICES
§52-10.01 | MALLARD–FOX CREEK PROJECT
The provisions of this amendment shall be construed in pari materia with any and all other amendments relating to Morgan county and ad valorem taxation.
§52-10.02 | OCCUPATIONAL TAX PROHIBITED
(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Morgan County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11–51–90, 11–51–91, 11–51–92, and 11–51–93, Code of Alabama 1975.
§52-10.03 | DISTRIBUTION OF SIMPLIFIED SELLER USE TAX FOR PUBLIC SCHOOL AND FIRE PROTECTION PURPOSES
(2) Thirteen and one-half percent of the remaining proceeds shall be allocated to the Morgan County Board of Education for public school purposes.
(3) One and one-half percent of the remaining proceeds shall be distributed to the certified volunteer fire departments in the county for fire protection purposes with each volunteer fire department receiving an equal share.
§52-10.20 | SPECIAL TAX FOR EDUCATIONAL PURPOSES IN CITIES OF DECATUR AND CULLMAN AND FOR HOSPITAL PURPOSES IN MORGAN COUNTY
B. Morgan county may levy and collect a tax upon all taxable property situated therein at a rate not in excess of ten cents on each one hundred dollars of taxable property, which tax shall be used exclusively for the construction, equipping, enlargement, acquisition, repair, or operation of public hospital properties situated in said county owned or proposed to be acquired in said county by the city of Decatur and Morgan county. Said tax shall be in addition to all other taxes now authorized by law, but shall not be levied until it shall have been authorized by a majority of the qualified electors of such county voting at an election called by the governing body of said county at which there shall be submitted to a vote the rate of such tax, the time it is to continue, and the purpose or purposes thereof. Such elections may be called and had from time to time, and shall be had, governed and determined under such rules and regulations as the governing body of said county may prescribe. Said tax may be pledged by the governing body of said county to secure payment of any debt incurred by said county or by any public corporation for hospital purposes in said county.
C. Notwithstanding the proviso to the contrary in section 269 of this Constitution, the special tax for educational purposes provided for by that section may be levied upon taxable property situated in the city of Cullman.
§52-10.21 | ADDITIONAL TAXES FOR PUBLIC SCHOOL PURPOSES
A school district within the meaning of this amendment shall include school districts which consist of incorporated cities or towns, or any school district of which an incorporated city or town is a part or such other school districts now existing or hereafter formed as may be approved by the county board of education.
The rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of those voting at such election.
The funds derived from the tax levied in any school district under this amendment shall be expended for the exclusive benefit of the district.
§52-10.22 | LEVY OF AD VALOREM TAX FOR BOARD OF EDUCATION
(b) The authority conferred by this constitutional amendment shall be self-executing in the event this amendment is duly adopted and ratified at the election required by the act which this amendment is proposed.
§52-10.23 | LEVY OF AD VALOREM TAX OUTSIDE CITIES OF DECATUR AND HARTSELLE
(b) The authority conferred by this constitutional amendment shall be self-executing in the event this amendment is duly adopted and ratified at the election required by the act by which this amendment is proposed.
§52-10.40 | SPECIAL PROPERTY TAX FOR GENERAL HEALTH PURPOSES IN SEVERAL COUNTIES
The county tax collector of each of such counties shall collect the tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep the proceeds of this tax separate and apart from all other funds, and shall keep clear accounts thereof. The tax collector shall distribute the proceeds of this special tax in the manner prescribed by the governing body of the county and the revenue derived from the tax levied hereunder shall be used for general health purposes in the county where levied or in cooperation with the other two counties named above.
§52-10.60 | SPECIAL TAX FOR LIBRARY PURPOSES
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