Title 5. Blount 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 §5-2.00. Compensation of Certain Officials. (Amendment 344) The legislature may, from time to time, by general or local laws applicable to or operative in Blount county and approved by a majority of the qualified electors of Blount county at a referendum election, fix, regulate, and alter the costs and charges of court and the fees, commissions, allowances and salaries, including the method and basis of their compensation, to be charged or received by the probate judge, the tax assessor, and the tax collector of Blount county; and may place any or all of such officers on a salary and provide for the fees, commissions, allowances, and percentages collectible by such officers to be paid into the treasury from which their salaries are paid. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote in favor of the adoption of this amendment when it is submitted, then any law theretofore passed which places any officers in Blount county on a salary basis, or any law fixing, regulating, and altering the costs and charges of court and the fees, commissions, allowances, and salaries of any officer in Blount county, may become effective without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of said county who vote thereon vote against its approval, then such act or acts shall have no further force or effect. (Amendment 344) ”

Chapter 3

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

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §5-4.00. Blount County Municipalities. (Amendment 95) Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, any municipality in Blount county, or any one or more of them, shall have full and continuing power and authority, after an election held in accordance herewith, to do any one or more of the following: 1. To purchase, construct, lease, or otherwise acquire real property, plants, buildings, factories, works, facilities, machinery and equipment of any kind. 2. To 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. To promote local industrial, commercial or agricultural development and the location of new industries or businesses therein. 4. To become a stockholder in any corporation, association or company. 5. To 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. To 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 municipality or may be limited as to the source of their payment. 8. To 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. To 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 any municipality in Blount 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 any such 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 any municipality in Blount county for the purpose of determining the borrowing capacity of such municipality 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 shall have the right and power by general, special or local act to adopt laws supplemental to this amendment or in furtherance of the purposes and objectives hereinabove set forth. 10. No municipality 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 such municipality. The governing body of 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. (Amendment 95) ”

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 §5-8.00. Phase-out of Supernumerary Program; Participation in RSA. (Amendments 718 and 763) No elected or appointed Blount County official, including the sheriff, 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 that supernumerary program. Every elected or appointed Blount County official, including the sheriff, may participate in the Employees' Retirement System upon the same terms and conditions as may be specified by law for any other employee in the same retirement system; provided, the official shall forego the assumption of a supernumerary office. Blount County officials 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 the official has served in the current office; provided, however, that costs associated with the purchase of prior service credit as prescribed in Section 36-27-6.1, shall be the responsibility of the official making the purchase. For the purposes of this amendment, the words "elected or appointed county official" shall include any person appointed to serve the remaining term of an elected or appointed county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. (Amendments 718 and 763) Article 2. Employee Personnel Boards §5-8.20. Participation of Sheriff’s Employees. (Amendment 775) Effective the first day of the sixth month after the date of the election on the ratification of this amendment, employees of the Office of the Sheriff of Blount County, except for the chief deputy and chief clerks, are subject to the authority of the Merit System Board of Blount County, or its successor. (Amendment 775) ”

Chapter 9

“ Chapter 9. Public Safety RESERVED ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions §5-10.00. Consolidation of Offices; Revenue Commissioner. (Amendment 430) The legislature may from time to time, by general or local law, provide for the abolition of the offices of tax assessor and tax collector of Blount county and create a completely new office in such county and transfer to such office the duties of each of the said offices of tax assessor and tax collector in such county; provided that the officer to fill the newly created office will be compensated for the performance of the duties of said office by a salary fixed according to law. (Amendment 430) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §5-11.00. Creation of Districts; Collection of Fees. (Amendment 561) (a) The Legislature may, by local law from time to time, provide for the establishment of districts in Blount County for fire protection and emergency medical services and provide for mandatory annual dues in the districts upon approval of the qualified electors residing within the districts. The Legislature shall provide for the operation of the districts and for the collection of mandatory annual dues. The Legislature may limit the liability of the county for the operation of a district and provide that a district shall be exempt from all taxation. The districts may include the area currently served by the Remlap Volunteer Fire and Rescue, Inc., or may be formed in other areas of the county. (b) Act No. 93-342, H. 970, 1993 Regular Session, is repealed. (c) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Blount County voting on the proposition. The referendum shall be held at the same time as the election for the ratification of this amendment, as provided for in Section 2 of this act, and no further election shall be required. (Amendment 561) Article 2. Annexation §5-11.20. General Provisions. (Amendment 806) Any municipality that is not located wholly or in part within the boundaries of Blount County on the effective date of this amendment may not annex any territory within Blount County without the approval of a majority vote of the qualified electors of Blount County voting at a referendum election on the issue of the annexation. The provisions of this amendment shall not apply to any municipality incorporated after the ratification of the amendment that lies entirely within the boundaries of Blount County. This amendment does not apply to any territory annexed within Blount County by a municipality prior to the effective date of this amendment. The Legislature may pass local or general acts to supplement this amendment provided the acts do not contravene this amendment. (Amendment 806) Article 3. Police Jurisdiction §5-11.40. Imposition of Municipal Ordinances and Regulations. (Amendment 851) A municipality located entirely outside of Blount County is prohibited from imposing any municipal ordinance or regulation, including, but not limited to, any tax, zoning, planning, or sanitation regulations, and any inspection service in its police jurisdiction located in Blount County. A municipality prohibited from imposing any tax or regulation under this amendment shall not provide any regulatory function or police or fire protection services in its police jurisdiction located in Blount County, other than public safety mutual aid. (Amendment 851) ”

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.