Title 13. Clarke County, Local Provisions, Alabama Constitution

Alabama Constitution
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §13-2.00. General Authority. (Amendment 416) The legislature may, from time to time, by general or local laws, fix, alter and regulate the costs and charges of courts in Clarke county, and the method and disbursement thereof. (Amendment 416) Article 2. Judges §13-2.20. Judge of Probate Compensation. (Amendment 478) The legislature may, from time to time, by general or local laws applicable to or operative in Clarke county, fix, regulate, and alter the costs and charges of courts and fees, commissions, allowances, and salaries, including the method and basis of compensation, to be charged or received by the judge of probate of Clarke county; and may place the judge of probate on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officer to be paid into the treasury from which his salary is paid. (Amendment 478) ”

Chapter 3

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

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §13-4.00. Clarke County and Municipalities Therein. (Amendment 217) Clarke 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, 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 Clarke 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 Clarke 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 Clarke 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 217) ”

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 §13-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendments 631 and 768) No elected Clarke County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a 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 the particular supernumerary program. Any elected Clarke 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. An elected Clarke County official holding office at the effective date of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the elected county official has served in the current office; provided, however, the elected county official shall forego the assumption of a supernumerary office. For purposes of this amendment, the term "elected Clarke County official" shall mean any person elected to a Clarke County office, and shall include any person appointed to serve the remaining term of an elected county official, but shall not include a judge, district attorney, legislator, constable, board of education member, any official elected from a judicial circuit, or any official who is allowed by law to participate in any other retirement system. (Amendments 631 and 768) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions RESERVED Article 2. Schools §13-10.20. Additional Tax for Educational Purposes. (Amendment 168) Section 1. The court of county commissioners, board of revenue, or other like governing body of Clarke county shall have power to levy and provide for collection of an additional county tax of fifty cents on each one hundred dollars worth of taxable property in the county, for public school purposes, in the same manner and subject to the same election requirements as provided in Sections 269.01 through 269.03 with respect to other county school taxes. The tax herein authorized shall be in addition to all other county taxes authorized in this Constitution as amended, and the proceeds thereof shall be spent for public school purposes only. Section 2. If this amendment is approved and a majority of the qualified electors of Clarke county who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 may be levied and collected thereafter for a period of 20 years without any other election having been held thereon. But if this amendment is approved and a majority of the qualified electors of the county who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue, and the purpose thereof shall have been again submitted to a vote of the qualified electors of the county and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year, and shall be called, held, and conducted in the same way, according to the general laws, as other elections on the question of levying special county school taxes. (Amendment 168) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §13-11.00. Creation of Districts; Collection of Fees. (Amendment 464) The Clarke county commission is hereby authorized in its discretion to establish fire districts within the geographical boundaries of Clarke county. The boundaries of such fire districts may be rearranged at the discretion of the county commission as it deems necessary, from time to time, to maximize fire protection services in the county. The county commission may use the corporate limits of the various towns and municipalities in the county as boundaries for fire districts. In such situations, such town or municipal fire district shall have its own volunteer fire department functioning within its boundaries. Each fire district established in an area located outside of the corporate limits of a town or municipality shall likewise have its own volunteer fire department functioning strictly within its district boundaries. The county commission is further authorized to enter into agreements with volunteer fire departments within such county for fire protection and services. There is hereby levied, in addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, a fire protection tax of two mills. The fire protection tax levied herein shall be based upon the value of real and personal property assessed by affected property owners, as shown on the records of the tax assessor of Clarke county, Alabama, and shall be assessed and collected as are all ad valorem taxes in the county. The amount collected each year from assessment of this fire protection tax shall be paid into the county general fund and used in furtherance of fire protection within the affected area. Prior to the levy of the fire protection tax in said county, there shall be submitted to the electors of said county, at a special election called for that purpose in said county, the question of whether the said tax shall be levied, and the said tax shall be authorized at such election by a majority of the qualified electors within the said county who vote at such election; provided further, that if a majority of the qualified electors of said county participating in the election on the ratification of this amendment shall vote for the ratification of this amendment, then the approval of this amendment as expressed by the vote in said county in favor of its ratification shall, of itself, authorize the levy and collection of the tax for fire protection purposes in said county, commencing with the levy for the tax year for which taxes will become due and payable on October 1, 1987. Elections on the question of the levy of a fire protection tax in said county may be held at any time and from time to time, provided, that if any such election held after the ratification of this amendment the proposal to levy the tax so submitted should be defeated then the proposal may not be submitted at another election held in said county within two years from the last election held under this amendment. (Amendment 464) ”

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.