ALABAMA CONSTITUTION
LOCAL PROVISIONS
TITLE 59
ST CLAIR COUNTY
§59-2.00 | JUVENILE PROGRAMS
§59-2.01 | GENERAL AUTHORITY
§59-4.00 | ST. CLAIR COUNTY AND MUNICIPALITIES THEREIN
The recital in any bonds, warrants, notes or other obligations or evidences of indebtedness that they were issued pursuant to this amendment or that they were issued to provide funds to be used in furtherance of any power or authority herein authorized or that any special tax herein authorized has been pledged to the payment thereof shall be conclusive; no purchaser or holder thereof need inquire further; and the levy and collection of such tax shall continue until the principal of and interest on such obligations or evidences of indebtedness shall have been paid in full. The bonds, warrants, notes or other obligations or evidences of indebtedness issued hereunder shall not be considered an indebtedness of St. Clair county or any municipality therein for the purpose of determining their borrowing capacity under sections 224 and 225 of the Constitution; and the taxes herein authorized shall be in addition to those provided for or permitted in sections 215 and 216 of the Constitution and all amendments thereto.
This amendment shall be self-executing; but the legislature may enact laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth.
Neither the county nor any municipality therein shall make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved by a majority of the qualified electors of the locality affected thereby. The governing body of the county or any municipality may provide for holding such elections, but in no case shall an election be held until notice of the election and of the proposition to be voted on has been published for at least three successive weeks in a newspaper of general circulation in the county.
2. Lease, sell for cash or on credit, exchange, or give and convey any such property described in subdivision 1 above, to any person, firm, association or corporation.
3. Promote local industrial, commercial, or agricultural development and the location of new industries or businesses therein.
4. Become a stockholder in any corporation, association or company.
5. Lend its credit or to grant public moneys and things of value in aid of, or to, any individual, firm, association, or corporation whatsoever.
6. Become indebted and to issue and sell interest bearing bonds, warrants (which may be payable from funds to be realized in future years), notes or other obligations or evidences of indebtedness, to a principal amount not exceeding fifty percent of the assessed value of taxable property therein as determined for state taxation, in order to secure funds for the purchase, construction, lease or acquisition of any of the property described in subdivision 1 above or to be used in furtherance of any of the other powers or authorities granted in this amendment. Such obligations or evidences of indebtedness may (in addition to any pledge or pledges authorized by subdivision 8 of this amendment) be issued upon the full faith and credit of the county or municipality or may be limited as to the source of their payment.
7. Levy and collect annually, in addition to all other taxes now authorized or permitted, a special tax or taxes of not exceeding two percent on the value of all taxable property therein as determined for state taxation, in the same manner as other county or municipal taxes are levied and collected. Such tax may be upon all property in the county or in any municipality in St. Clair county or upon all property in any district to be specially improved and benefited by any proposed use or expenditure of the proceeds of such tax.
8. Pledge to the payment of any bonds, warrants, notes or other obligations or evidences of indebtedness the annual proceeds from any such special tax or taxes and to obligate itself irrevocably to continue to levy and collect such taxes annually until such obligations or evidences of indebtedness are paid in full and to pledge thereto any rental or sales proceeds of property leased or sold by it.
9. Create a public authority or corporation having such powers, managed and governed by such board or governing body and subject to such limitations as the governing body of St. Clair county may impose, by approving and filing a certificate to that effect in the office of the judge of probate or the secretary of state, or their respective successors in function, and to delegate to such public authority or corporation and its board or governing body all powers and authority conferred in this amendment upon the county or any municipality.
§59-6.00 | SOLID WASTE DISPOSAL FEE
§59-7.00 | OPERATION OF BINGO BY NONPROFITS
The tax collector or revenue commissioner of St. Clair County shall have authority to promulgate necessary rules and regulations to implement the procedure for the collection of the fee prescribed herein. The legislature, from time to time, may by local law alter the fee levied herein and alter the method of allocating the proceeds of said fee.
(2) No bingo permit or license shall be issued to any nonprofit organization unless such organization shall have been in existence for at least 24 months 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 is leased, the rate or 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 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;
(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 said nonprofit organization is not directly and solely operating said bingo game;
(6) 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;
(7) By whatever name or composition thereof, no person or organization shall take any expenses for the operation of a bingo game except as permitted by law.
(8) A fee of $.10 (ten cents) shall be levied upon each bingo card sold pursuant to the provisions of this amendment or pursuant to any local law. Said fee shall be collected by the nonprofit organization who sold the bingo card and paid to the tax collector or revenue commissioner of St. Clair County on a weekly basis. The tax collector or revenue commissioner shall place the proceeds collected into the treasury of St. Clair County in a special fund. All funds collected shall be expended by the county commission in the following manner:
30% (thirty percent) of said funds shall be allocated to senior citizens’ programs and facilities;
20% (twenty percent) of said funds shall be allocated to youth recreation programs and facilities;
10% (ten percent) of said funds shall be allocated to the St. Clair County sheriff’s department.
§59-8.00 | PHASE-OUT OF SUPERNUMERARY PROGRAM; PARTICIPATION IN RSA
§59-10.20 | SPECIAL SCHOOL TAX
§59-10.21 | MULTIPLE SCHOOL DISTRICT TAXES
(b) Multiple school district taxes may be levied in any school district under the authority of this amendment, provided the aggregate rate of the taxes is less than or equal to the rate provided in this amendment. The levy and collection of any school district tax prior to, upon, or after the expiration of the tax, may be continued and renewed for the rate, duration, and purpose as shall then be determined, in the manner and subject to the requirements in this amendment for the levy of a school district tax. The duration of time of the levy of a tax may not exceed 30 years from October 1 next succeeding the date of the election held with respect to the tax.
(c)
(2) Multiple elections may be held under this amendment in any school district, at any time and from time to time, to present a proposal to levy a school district tax, to present a proposal to levy a school district tax that failed in a previous election, to present a proposal to levy an additional tax under this amendment, or to present a proposal to continue and renew the levy of a school district tax levied under this amendment.
(3) For the purposes of this amendment, “school district” means all of the following:
b. Any school district in St. Clair County now existing or formed following the ratification of this amendment as may be approved, created, or designated by the St. Clair County Board of Education, including, without limitation, a school district approved or designated by the board solely for purposes of the school district tax authorized under this amendment.
c.
2. There shall be a School Attendance and Tax District known as the “Pell City School Attendance and Tax District” as it now exists by agreement between the Pell City Board of Education and the St. Clair County Board of Education, or as modified by subsequent agreement of the two boards.
3. The St. Clair County Board of Eduction, without the necessity of any election, may change the boundaries of any School Attendance and Tax District, or consolidate any two or more School Attendance and Tax Districts, if the taxes authorized to be levied for public school purposes in all of the territory in the district after the change of boundaries or consolidation is effected shall be at the same aggregate rate and for the same duration of time; provided, however, that nothing contained in this paragraph shall be construed to impair or permit the impairment of the obligation of any contract created with respect to any obligations or securities incurred or issued with respect to any School Attendance and Tax District. Nothing in this paragraph shall operate or be construed to abridge or affect any existing authority or power conferred on the St. Clair County Board of Education, by any existing law, but shall be in addition thereto.
(2) The proceeds of any school district tax levied under this amendment shall be used for the exclusive benefit of the School Attendance and Tax District in which the school district tax is levied.
(3) The proceeds of any school district tax levied under this amendment shall not supplant or reduce any other funds distributed for the benefit of the St. Clair County Board of Education, the Pell City Board of Education, or a School Attendance and Tax District.
§59-11.00 | GENERAL PROVISIONS
The provisions of this amendment shall not apply to any municipality incorporated in the future that lies entirely within the boundaries of St. Clair county.
The provisions of this amendment shall not apply to any territory presently annexed within St. Clair county by a municipality located outside of the county.
The legislature may pass local or general acts to supplement this amendment, so long as such acts do not contravene the provisions of this amendment.
§59-11.20 | FIRE PROTECTION PURPOSES
(b) Within 30 days of payment into the fire protection trust fund of the proceeds from the additional tax levied pursuant to (a), each eligible fire department in the county shall make a requisition to the county commission for a share of the tax proceeds in the fund. The county commission shall divide the funds equally among the eligible fire departments of St. Clair County.
(c) Funds allocated to eligible fire departments shall only be expended for fire protection and emergency medical services including day to day operations, training, supplies, buildings, capital improvements, and equipment. All expenditures shall be documented with the county commission. An eligible fire department means a fire department located in St. Clair County which is certified under the guidelines of the Alabama Forestry Commission. Any tax proceeds allocated for fire protection and emergency medical services under this amendment may not be expended for salaries, food, drink, social activities, or fundraising activities. After receiving funds, the fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, each fire department shall file a form with the county commission detailing the expenditures of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The St. Clair County Fire and Emergency Medical Service Association shall supply the accounting forms to each eligible volunteer fire department.
(d) The fire protection trust fund provided for in subsection (a) shall be audited by the State Department of Examiners of Public Accounts when the county is audited.
(e) Upon dissolution or abandonment of any eligible fire department, any remaining funds shall, after all indebtedness has been satisfied, be transferred back to the fire protection trust fund to be allocated to the remaining eligible fire departments.
(f) Personnel of eligible fire departments shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire and emergency medical services departments.
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