Title 1. Autauga County, Local Provisions, Alabama Constitution

Alabama Constitution
Preamble
Articles
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §1-2.00. County Jail and Courthouse. (Amendment 661) In addition to any court costs or fees now or hereafter authorized, and notwithstanding any other provisions of the Constitution, including without limitation Sections 96, 104, and 105, there shall be an additional forty dollars ($40) fee assessed and taxed as costs on each civil and criminal case, excluding small claims, filed in circuit court, district court, or any municipal court in Autauga County, as well as a fee not to exceed five dollars ($5) for the service of all pleadings and other documents in connection with any such action or case. The fees may not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived. The additional fees, when collected by the clerks or other collection officers of the courts, shall be paid into the General Fund of Autauga County to be used by the county commission for the planning, designing, construction, financing, and operation of a new county jail and the planning, design, repair, renovation, financing, and operation of the existing county courthouse. When the costs of the new county jail and the renovated county courthouse have been fully paid or when the debt service on any indebtedness incurred by the county commission to finance or refinance the costs have been retired, whichever occurs later, the additional fees authorized by this amendment shall continue to be collected in all cases and shall be used to pay costs of the operation, upkeep, and maintenance of a new county jail and the renovated county courthouse. This amendment shall be self-executing and shall require no enabling legislation. §1-2.01. General Authority. (Amendment 779) The Legislature, by general or local law, may fix, regulate, and alter the costs and charges of courts in Autauga County and provide for their distribution. (Amendment 779) Article 2. Judges §1-2.20. Judge of Probate Compensation. (Amendment 493) Commencing at the next term of office, the probate judge of Autauga county shall be entitled to receive compensation in the form of an annual salary. Such annual salary shall be the amount of the minimum salary prescribed by general law and shall continue for the first three years of such term of office. Thereafter, the minimum annual salary of the probate judge of Autauga county shall be 90 percent of the annual compensation and allowance paid the presiding circuit judge of the 19th judicial circuit or the minimum salary prescribed by general law, whichever is higher. Such salary shall be paid in lieu of all other fees, allowances, and percentages heretofore provided by law, and shall be paid in equal monthly installments out of the general fund in the county treasury. All fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate of Autauga county shall hereafter continue to be collected but shall be paid into the county general fund. (Amendment 493). ”

Chapter 3

“ Chapter 3. County Government, Finance, and Operations RESERVED ”

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §1-4.00. Autauga County and Municipalities Therein. (Amendment 183) Autauga county and the incorporated municipalities therein, jointly or severally, after an election held in accordance herewith shall have full and continuing power and authority to: 1. Purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind. 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 Autauga 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 Autauga 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. 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 Autauga 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. (Amendment 183) ”

Chapter 5

“ Chapter 5. Education RESERVED ”

Chapter 6

“ Chapter 6. Health and Environment RESERVED ”

Chapter 7

“ Chapter 7. Gaming RESERVED ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Retirement §1-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendments 626 and 907) (a) For the purposes of this amendment, the words "elected or appointed Autauga County official" shall mean any person holding an office that entitles the person to participate in a supernumerary program or any person appointed to serve the remaining term of an elected or appointed county official. (b) An elected or appointed Autauga County official may not assume a supernumerary office after January 6, 1999. Any person who, on January 6, 1999, is entitled to participate in that supernumerary program, may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Autauga County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Elected or appointed Autauga County officials holding office on January 6, 1999, shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office; provided, however, the official shall forego the assumption of a supernumerary office and must make the election within one year of January 6, 1999. (c) A Sheriff of Autauga County first elected after the effective date of this amendment may not participate in a supernumerary program and may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. The Sheriff of Autauga County holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time he or she has served as sheriff. The sheriff shall forego the assumption of a supernumerary office and shall make the election within one year after the ratification date of this amendment. (Amendments 626 and 907) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation RESERVED ”

Chapter 11

“ Chapter 11. Taxation RESERVED ”

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Text of the Constitution
• An Overview of Alabama's Six Constitutions
• Alabama Citizens for Constitutional Reform

Additional reading

• Connor, George E. Connor, and Christopher W. Hammons (2008). The Constitutionalism of American States. Columbia, Missouri: University of Missouri Press.
• McMillan, Malcolm Cook (1955). Constitutional Development in Alabama, 1798-1901: A Study in Politics, the Negro, and Sectionalism. Chapel Hill, North Carolina: University of North Carolina Press.