Title 52A. Morgan County Municipalities, Local Provisions, Alabama Constitution

Alabama Constitution
Preamble
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Huntsville [Note: The City of Huntsville is in Limestone, Madison, and Morgan Counties.] §52A-2.00. Special School Tax. (Amendment 80) (A) In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars worth of taxable property in the school tax district of the city of Huntsville in Madison county to be used solely for public school purposes; provided such tax and the time it is to continue shall have been first submitted to the vote of the qualified electors of the said school tax district in which such tax is to be collected and voted for by a majority of those voting at such election, otherwise said tax shall not be collected. A special separate election is hereby called on the first Tuesday after sixty days following the date this amendment becomes effective in the school tax district of the city of Huntsville in Madison county, at which election the qualified voters in the said school tax district of Madison county may vote as to whether said special school tax herein levied shall be effective; and if the majority of those voting at said election vote in favor of said special school tax such school tax shall immediately be levied and collected annually thereafter on the first day of October by the tax collector of Madison county and paid to the city of Huntsville. The proceeds of the tax are hereby pledged solely to the payment of the principal and interest of the bonds hereinafter provided for. This section shall be self-executing. (B) After said tax has been voted, and without further authorization the city of Huntsville shall issue and sell interest bearing bonds with principal and interest to be paid from the proceeds of the tax herein levied. The proceeds of the sale of the bonds shall be used for the sole purpose of constructing and improving school buildings and acquiring sites therefor; provided, the net proceeds of the bonds shall be paid immediately to the board of education of the city of Huntsville. The principal amount of the bonds shall in no event exceed the sum of five hundred seventy-five thousand dollars ($575,000). All bonds issued hereunder shall be payable in annual installments, the first of which shall be payable not more than two years after the date of the bonds, and the last within the period of usefulness of the improvements for which the bonds are issued. Such bonds shall be callable at any time upon the payment of the principal amount thereof plus a premium equal to one year's interest thereon. The bonds shall not be a general obligation of the city of Huntsville or of Madison county and shall not be charged to the constitutional debt limit of the city of Huntsville or Madison county. (C) If sufficient revenue has been produced by the tax levied in paragraph (A) of this amendment to pay the principal amount of the bonds issued hereunder with interest thereon prior to the expiration of the period for which the tax was levied, the tax shall immediately cease and shall no longer be collected or enforced, and the bonds shall be redeemed forthwith. (D) Except as herein otherwise provided the election hereinabove provided for shall be called, held and conducted as provided by law for calling, holding and conducting of district school tax elections. The governing body of the city of Huntsville shall appoint and designate the officers, managers, clerks and returning officers and shall call, canvass, tabulate, and declare the result of the election provided for in the city of Huntsville. The election shall otherwise be conducted, held, canvassed, tabulated and the results declared as general elections are conducted, held, canvassed, tabulated and the results declared in Alabama. (Amendment 80) §52A-2.01. Additional Special School Tax. (Amendments 218 and 407) (a) In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars worth of taxable property in the school tax district of the city of Huntsville in Madison county to be used solely for public school purposes; provided the levy of said tax shall first have been approved by the qualified electors of the school district as hereinafter provided. (b) The proceeds of said tax shall be used exclusively for public school purposes of any nature whatsoever in the school tax district of the city of Huntsville, Alabama. (c) The provisions of this Amendment to the Constitution of 1901, amending Amendment No. 218, allowing the proceeds from the tax levied herein to be used for school purposes of whatsoever nature within the district shall become effective upon the adoption of this Constitutional Amendment; provided, however, that the provisions of this amendment shall not become operative in the city of Huntsville unless approved by a majority of the qualified electors of the school tax district of the said city who vote thereon at a referendum election held for such purpose upon the call of the authorized official therein. Such election may be called no more frequently than every two years; provided further, that if this amendment is approved by a majority of the qualified electors of the school tax district of the city of Huntsville who vote thereon upon its submission, such election shall constitute a referendum held for such purpose and no further election need be called. Subsequent elections shall be called, held, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in Sections 269.01 through 269.03. (Amendments 218 and 407) §52A-2.02. Levy of Additional Special School Tax. (Amendment 305) Section 1. In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars' worth of taxable property in the school tax district of the city of Huntsville in Madison county to be used solely for public school purposes; provided the levy of said tax shall first have been approved by the qualified electors of the school district as hereinafter provided. Section 2. In the event this amendment is approved and a majority of the qualified electors of the school tax district of the city of Huntsville who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 shall be levied and collected for a period of thirty years without any other election having been held hereon. In the event this amendment is approved and a majority of the qualified electors of the school tax district of the city of Huntsville 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 school tax district of the city of Huntsville 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, conducted, paid for, and governed otherwise in the manner provided for an election on the school district tax authorized in Sections 269.01 through 269.03. (Amendment 305) §52A-2.03. Appropriations to Certain Nonprofit Organizations. (Amendment 514) Notwithstanding the provisions of the Constitution of Alabama of 1901, as amended, the governing body of the city of Huntsville in Madison county is hereby authorized to make a one-time appropriation of money, up to a maximum total appropriation of $2,000,000.00, to one or more bona fide nonprofit organizations, each of which at the time of any such appropriation must have been organized for the purpose of and actively engaged in fostering and coordinating volunteer citizen activity in the field of the literary, visual, and performing arts within the city of Huntsville for a period of more than five years, which said appropriation or appropriations are to be used exclusively for construction of one or more buildings located within said city, to be owned by such organization. The total maximum appropriation herein authorized may, however, at the discretion of the governing body, be made to only one such organization, provided, however, that any such appropriation may be made only upon proof that an amount equal to $1.00 for each $1.00 appropriated has first been raised from nonpublic funds and placed on deposit with a bank or trust company under an agreement, restricting the use of said funds to expenditures for the construction of one or more buildings to be occupied exclusively by one or more organizations engaged in fostering and coordinating volunteer citizen activity in the field of the literary, visual, and performing arts within the city of Huntsville. The city of Huntsville is further authorized to appropriate up to $100,000.00 annually for the general operations of any such organization, or for maintenance of any building which is occupied by any such organization. No payment may be made by the city of Huntsville under the authority of this amendment except upon the affirmative vote of the qualified electors of the city of Huntsville, in the election called for the ratification of this amendment, or at a subsequent election called for such purpose as hereinafter provided. Provided, however, that if this amendment is ratified, and a majority of the electors of the city of Huntsville do not vote in favor of such amendment, subsequent elections for the purpose of authorizing the governing body to make such appropriations to qualified organizations may be called by the governing body in the same manner and at the same time as any other general or special municipal election, but not more than one such election shall be held during any period of 12 consecutive months. The provisions of this constitutional 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 general purpose and objectives herein set forth. (Amendment 514) ”

Chapter 3

“ Chapter 3. Decatur [Note: The City of Decatur lies in Limestone and Morgan Counties.] §52A-3.00. Election of Board of Education. (Amendment 553) The Legislature may, by local act, provide for the election of the Decatur City Board of Education. (Amendment 553) §52A-3.01. Additional Tax for Educational Purposes. (Amendment 575) (a) In addition to all other ad valorem taxes which the Morgan County Commission is authorized by law to levy for the benefit of the public schools in the City of Decatur, Alabama, the Morgan County Commission shall be authorized to levy on an annual basis, commencing with the tax year beginning October 1, 1995, an ad valorem tax on all taxable property located within that portion of the City of Decatur which lies in Morgan County at a rate of 3.6 mills per dollar of assessed value of the taxable property, the proceeds of which shall be distributed to the Decatur City 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 by which this amendment is proposed. (Amendment 575) ”

Chapter 4

“ Chapter 4. Hartselle §52A-4.00. Additional Taxes for Educational Purposes. (Amendment 456) The school district taxes now levied and collected for the Hartselle city board of education and authorized by law shall be continued upon approval of this amendment by the qualified electors voting thereon in said school district. Said taxes shall be continued for a period of thirty years, commencing October 1, 1987. Notice shall be given, the ballot prepared and the election conducted in the same manner as required by law for elections on school district taxes and constitutional amendments. The ballot shall be substantially as follows: "For continuation of all school district taxes now provided by law? Yes ... No ... ." If a majority of the qualified electors voting thereon shall vote in favor of continuing such taxes then the said taxes shall be continued; if a majority of the qualified electors voting thereon vote in opposition of continuing such taxes then the provisions of this act shall become null and void and have no effect. Only the persons who at the time of the election are qualified voters of said district 70 shall be entitled to participate in the question. The provisions of this act shall be construed in pari materia with all other provisions relating to school district taxes in Morgan county, except as there is a direct conflict herewith. (Amendment 456) §52A-4.01. Tax for Public School Purposes. (Amendment 574) (a) In lieu of the special district school tax of forty cents per one hundred dollars of assessed value which the Morgan County Commission is authorized to levy for the benefit of the public schools in the City of Hartselle, Alabama, the Morgan County Commission shall be authorized to levy on an annual basis, commencing with the tax year beginning October 1, 1995, an ad valorem tax on all taxable property located within the City of Hartselle, at a rate of four mills per dollar of assessed value of the taxable property, the proceeds of which shall be distributed to the Hartselle City 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 by which this amendment is proposed. (Amendment 574) §52A-4.02. Promotion of Commercial Development. (Amendment 752) (a) For the promotion of local commercial development, the City of Hartselle (City) shall have, in addition to all other powers from time to time vested in or granted to it by law, full and continuing power to perform the following: (1) Purchase, construct, lease, and otherwise acquire, and to own and develop, commercial projects, including real and personal property, buildings, facilities, machinery, and equipment of any kind whatsoever. (2) Subject to succeeding provisions of this amendment, operate all or any part of any such project. (3) Convey, whether by sale, lease, exchange, or otherwise, all or any part of any such project to any person, firm or corporation. (4) Subject to succeeding provisions of this amendment, sell and issue, without any election, special or limited obligation bonds, warrants, notes, certificates of participation, or other securities of the City, for the purpose of financing the acquisition or construction of any such project, including particularly, but without limitation, the extension and installation of streets and roadways, utility services, and storm water sewers or other drainage facilities. In carrying out the purposes of this amendment, the City shall not be subject to the provisions of Section 94 of this Constitution, and neither the City nor the State of Alabama shall be subject to the provisions of Section 93 of this Constitution, in connection with the acquisition, ownership, development, operation, conveyance, or financing of any such commercial project. (b) Nothing in this amendment shall, however, be construed to authorize the City to do any of the following: (1) Acquire any property through the exercise of the power of eminent domain, whether for public use or for private use, otherwise than subject to, and in accordance with, all other applicable provisions of this Constitution and the general laws of the State. (2) Operate any commercial or retail establishment, including, without limitation, any shopping center or similar facility suitable for use by two or more commercial enterprises engaged in any business, trade, profession, occupation, or activity, except that the City may operate restaurants, food and other concessions, and other incidental commercial or retail facilities, in connection with, and ancillary to, the operation by it of any of the facilities described in subsection (d). (3) Provide electric utility service to any commercial project authorized hereunder, or within the boundaries of any "commercial development district," as defined in this amendment, except as may then be authorized by the general laws of the State. (4) Construct or locate, or to authorize the construction or location of, any commercial project in violation of either the general laws of the state pertaining to municipal zoning and planning or any master plan or zoning regulation or plan then in effect in or for the City. (c) Nothing in this amendment shall be construed either to exempt from state or local property taxation any real or personal property that is owned, or is treated for federal income tax purposes as being owned, by one or more individuals, partnerships, or for-profit corporations, and that is otherwise subject to such taxation under the general laws of the state, or to subject to state or local property taxation any real or personal property of the City that is otherwise exempt from taxation pursuant to either Section 91 or Section 217 of this Constitution. (d) Any commercial project authorized hereunder shall be located entirely within the corporate limits of the City. Any such project may include any land or interest therein, any building or other improvement thereon, and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, including, without limitation, any of the following: (1) Any hotel, motel, conference center, meeting center, or convention facility, including, without limitation, facilities for meetings, auditoriums, exhibition halls, facilities for food preparation and serving, and facilities suitable for rental to persons engaged in any business, trade, profession, occupation, or activity, and administrative offices in connection therewith, but excluding specifically any home, apartment, town house, or condominium for residential purposes, and any public dormitory or student housing facility for any institution of higher learning. (2) Any shopping center or similar facility suitable for use by two or more commercial enterprises engaged in any business, trade, profession, occupation, or activity. (3) Any amusement park or entertainment facility, any recreational or athletic facility, and all buildings, facilities and improvements incident thereto or useful in connection therewith, including, without limitation, athletic fields, beaches, docks and marinas, and boating facilities. (4) Any stadium, baseball field or park, arena, grandstand, auditorium, meeting hall, pavilion, amphitheater, or center for cultural entertainment, music, drama, exhibitions and exhibits, and any administrative building in connection therewith. (5) Any infrastructure improvements of any sort, including, without limitation, parking facilities available for use in connection with any building, facility or property described hereinabove, electric, water, natural gas, and sanitary sewer utilities, storm water sewers and other drainage facilities, and public or private streets, roads, and parking facilities. It is expressly provided, however, that no commercial project authorized hereunder may include any facility or location for casino gambling or any other game of chance, or any facility or location for the conduct of any lottery or other similar enterprise, so long as such lottery or other enterprise is prohibited by other applicable law. (d) Nothing in this amendment shall be construed to amend, modify, alter, or repeal the provisions of Section 52-7.00, respecting the operation of bingo games in Morgan County. (e) Prior to exercising any powers herein granted to the City with respect to a commercial project authorized hereunder, the governing body of the City, by ordinance or resolution, shall establish a "commercial development district" consisting of the site of such project and such geographic area contiguous thereto as may be described in such ordinance or resolution, and provide a legal description of the boundaries of such district; provided, that every such district shall be located entirely within the corporate limits of the City. (f) Any securities issued under the authority of this amendment with respect to a commercial project authorized hereunder must be made payable solely out of, and shall be secured solely by a pledge of, (I) the amount by which (A) the proceeds of any municipal sales and use taxes collected by the City in each of its fiscal years, in or with respect to the commercial development district in which such project is situated, exceeds (B) the proceeds of such sales and use taxes collected by the City in or with respect to such district in the fiscal year of the City immediately preceding the fiscal year in which such district was established or such lesser portion of any such tax proceeds as may be specified by the governing body of the City in the proceedings of such governing body under which such securities are authorized to be issued. No such securities, and no contract made by the City in connection with any commercial project authorized hereunder, whether or not such contract is made under the authority of this amendment, and whether or not any agreement or obligation for the payment of money under such contract is payable out of proceeds of the sales and use taxes, shall be considered indebtedness of the City within the meaning of Section 225 of this Constitution or bonds of the City within the meaning of either Section 222 or Section 104(17) of this Constitution. (g) The City may apply the proceeds of any such securities for any or all of the following purposes: (1) Pay costs of any project authorized hereunder. (2) Fund any reserve fund established in connection with an issue of such securities if the City deems the establishment of such reserve fund to be necessary and desirable. (3) Pay costs of obtaining credit enhancement for such securities. (4) Pay costs of issuing such securities. (5) Pay interest accruing on such securities prior to, during and for a period of not exceeding twelve months following the estimated completion of the acquisition or construction of such project. (6) With respect to any refunding securities issued pursuant to the provisions of this amendment, pay debt service on, and the redemption price of, any securities to be refunded. (h) The City may at any time and from time to time issue refunding securities for the purpose of refunding any other securities, including, without limitation, other refunding securities, issued pursuant to the provisions of this amendment and then outstanding, whether such refunding shall occur before, at or after the maturity of the securities to be refunded, and such refunding securities shall be governed by the provisions of this amendment as and to the same extent applicable to securities authorized hereinabove. (i) All securities issued by the City under the authority of this amendment shall be sold at public or private sale, as the governing body of the City may determine; provided, that refunding securities issued hereunder may be issued in exchange for the instruments evidencing the securities to be refunded or they may be sold and the proceeds thereof applied to the purchase, redemption or payment of such instruments. (j) This amendment shall be self-executing, and no further authorization from the Legislature shall be a prerequisite to the validity of any securities issued hereunder; but notwithstanding any contrary provision of either Section 104 or Section 105 of this Constitution, the Legislature shall have the power to enact general, special, or local laws supplemental hereto or in furtherance of the purposes hereof; provided, that no such special or local law shall be subject to the provisions of Section 106 of this Constitution. (k) Notwithstanding any contrary provision of either Section 284 of this Constitution or Section 284.01 if the election on the ratification of this amendment is held on the date specified in the act of the Legislature under which this amendment was proposed for ratification, and all other applicable requirements of this Constitution, including, without limitation, Section 284.01, with respect to such election are satisfied in accordance with their respective terms. (Amendment 752) ”

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.