Title 62. Tallapoosa 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 RESERVED ”

Chapter 3

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

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §62-4.00. Tallapoosa County and Municipalities Therein. (Amendment 739) For the promotion of local economic and industrial development, Tallapoosa County and any municipality therein, any other provision of law or of this Constitution notwithstanding, shall have, independently or in cooperation with one another, full and continuing power to do any of the following: (1) Use public funds to purchase, lease, or otherwise acquire land, or to utilize land heretofore purchased or otherwise acquired, and improve and develop such land for use as sites for industry of any kind or as industrial park projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas, and utilities to serve such sites or projects. (2) Lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county or the municipality, as applicable, all or any part of any site or industrial park project to any individual, firm, corporation, or other business entity, public or private, including any industrial development board or other public corporation or authority heretofore or hereafter created by the county or any municipality therein, for the purpose of constructing, developing, equipping, and operating industrial, commercial, research, or service facilities of any kind. (3) Lend its credit to or grant public funds and things of value in aid of or to any individual, firm, corporation, or other business entity, public or private, for the purpose of promoting the economic and industrial development of Tallapoosa County or any municipality therein. In carrying out the purposes of this amendment, neither Tallapoosa County nor any municipality therein shall be subject to Section 93 or 94 of this Constitution. Each public corporation heretofore created by Tallapoosa County or by any municipality therein, including specifically any industrial development board incorporated under Chapter 54, Article 4, Title ll of the Code of Alabama 1975, and any industrial development authority incorporated or reincorporated under Chapter 92A, Title ll of the Code of Alabama 1975, is validated and the powers granted to such board or authority under its respective enabling legislation are validated notwithstanding any other provision of law or of this Constitution. The powers granted in this amendment may be exercised as an alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the county, or to any municipality, or to any agency, board, or authority created pursuant to the laws of this state. Neither Tallapoosa County nor any municipality therein shall lend its credit to or grant any public funds or thing of value to or in aid of any private entity under the authority of this amendment unless prior thereto: (i) the action proposed to be taken by Tallapoosa County or any municipality therein is approved at a public meeting of the governing body of the county or city, as the case may be, by a resolution containing a determination by such governing body that the expenditure of public funds for such purpose will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities; and (ii) at least seven days prior to the public meeting, a notice is published in the newspaper having the largest circulation in the county or in the city, as the case may be, describing in reasonable detail the action proposed to be taken, a description of the public benefits sought to be achieved by such action, and identifying each individual, firm, corporation, or other business entity to whom or for whose benefit the county or the city proposes to lend its credit or grant public funds or thing of value. For purposes of the foregoing, any sale, lease, or other disposition of property for a price equal to the fair market value thereof shall not constitute the lending of credit or a grant of public funds or thing of value in aid of a private entity. (Amendment 739) ”

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. Compensation §62-8.00. Certain Public Officials. (Amendment 297) The legislature may from time to time, by general or local laws applicable to or operative in Tallapoosa county, fix, regulate, and alter the fees, commissions, allowances, and salaries, including the method and basis of their compensation, to be charged or received by the judge of probate, sheriff, tax assessor, tax collector, and clerk and register of the circuit court of Tallapoosa 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. Provided, that no law changing the method or basis for compensating such officers shall become effective unless it is approved by a majority of the qualified electors of the county who vote thereon at a referendum election held for such purpose. (Amendment 297) Article 2. Retirement §62-8.20. Phase-out of Supernumerary Program; Participation in RSA (Amendment 703) No person elected or appointed sheriff, or any elected or appointed Tallapoosa 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 that supernumerary program. Every sheriff and elected or appointed Tallapoosa 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. Tallapoosa 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, the official shall forego the assumption of a supernumerary office. 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 official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. (Amendment 703) ”

Chapter 9

“ Chapter 9. Public Safety Article 1. Traffic Laws §62-9.00. Enforcement of on Private Roads. (Amendment 827) In Tallapoosa County, the Legislature, by local law, may provide for the enforcement of motor vehicle and traffic laws on private roads in private gated communities in the county. (Amendment 827) ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions RESERVED Article 2. Schools §62-10.20. Special School District Tax. (Amendment 129) In addition to any taxes now authorized by the Constitution and laws of Alabama, the governing body of Tallapoosa county shall have the power to levy and collect in any school district in the county a special district tax not to exceed three-fourths of one percent (3/4 %) on the value of the taxable property within such district for school purposes; provided that the levying of such tax and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and approved by a majority of those voting at such election. The election shall be called, held, conducted and canvassed and may be contested as in the case of three-mill school tax elections held pursuant to chapter 10, article 7, Title 52, Code of Alabama of 1940. All funds arising from the special school tax levied in any district of the county shall be expended for the exclusive benefit of that district as the law may direct. Provided, however, that such tax shall not apply to any property which is subject to an additional municipal tax for school purposes, in the same or a greater amount, levied pursuant to the authority of Section 216.04, so long as such municipal tax is levied and collected. (Amendment 129) Article 3. Health §62-10.40. Public Hospital Purposes. (Amendment 198) In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the governing body of Tallapoosa county shall levy and cause to be collected annually a special district tax, not exceeding 50 cents on each 100 dollars assessed valuation of taxable property in districts three and four of Tallapoosa county, Alabama, to be used exclusively for public hospital purposes (as the term "public hospital purposes" is defined in Section 215.03) within said districts three and four; provided that the time during which such tax is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in districts three and four of Tallapoosa county and voted for by a majority of such electors voting at such election. The governing body of Tallapoosa county may call an election at any time, and it shall be the duty of such governing body to call an election to be held within ninety days after receipt by it of a petition signed by not less than 5% of the qualified electors of said districts three and four, requesting that such election be called. The governing body may call such election to be held at the same time that this amendment is submitted to the electors of the state for ratification and such election shall be effective to require the levy and collection of such tax in the event that this amendment shall be ratified. The notice of such election, ballots to be used at such election and procedures for holding and determining the results of such election shall be prescribed by the governing body of Tallapoosa county. No election shall be held hereunder within one year from the date of the last election so held. Whenever such tax shall have been authorized by vote of such qualified electors, and levied by the governing body of Tallapoosa county, such governing body may anticipate the proceeds therefrom for any one or more of the purposes for which the tax shall have been voted, by issuing, without further election, interest bearing tax anticipation bonds, warrants, or certificates of indebtedness of said county payable solely from and secured by a pledge of a sufficient amount of the annual proceeds from said tax received by the county. The governing body of Tallapoosa county shall have power to designate as the agency of the county, to construct, acquire, equip, operate and maintain public hospital facilities for said districts three and four, any public corporation heretofore or hereafter organized for hospital purposes in the county. When a public corporation shall have been so designated, the proceeds of said tax thereafter collected shall be paid to it and shall be used by it for any one or more of the purposes for which the tax shall have been voted; provided, that payments of the proceeds of said tax to said public corporation shall be made only to such extent as will not result in the impairment of the obligation of any contract theretofore made with respect to said tax. Said public corporation may anticipate the proceeds from said tax so required to be paid to it by issuing, for any one or more of the purposes for which the tax shall have been voted, the bonds, warrants, or certificates of indebtedness of said corporation, and may pledge for the payment of the principal thereof and interest thereon a sufficient amount of the annual proceeds from said tax so paid to it. No securities issued or contracts made by Tallapoosa county under the authority of this amendment, which are payable solely out of the proceeds of said tax, and no securities issued or contracts made by any such public corporation, whether or not issued or made under the authority of this amendment, shall be construed to be bonds of Tallapoosa county or of a political subdivision thereof within the meaning of section 222 of the Constitution, or construed to create or constitute an indebtedness of the county within the meaning of section 224 of the Constitution. Said securities shall be construed to be negotiable instruments notwithstanding the fact that they may be payable solely from a limited source. All pledges of said tax and all contracts made with respect thereto pursuant to the provisions of this amendment shall take precedence in the order in which they are made and shall create a charge on the proceeds of said tax prior to the expenses of operating and maintaining any public hospital facilities. The districts three and four of Tallapoosa county herein referred to are the districts three and four provided for in Act No. 241, Local Laws of Alabama, approved September 7, 1923 (Local Acts of 1923, pages 144, 145). (Amendment 198) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §62-11.00. Creation of Districts; Collection of Fees. (Amendment 572) (a) Upon approval of the E911 Board of Commissioners of Tallapoosa County, districts may be established for fire protection and emergency medical services within the geographical boundaries of Tallapoosa County. Each district for fire fighting and emergency medical services of Tallapoosa County is authorized, in its discretion, to levy a service charge for fire protection and emergency medical services in an amount it deems reasonable on each dwelling and commercial building in Tallapoosa County. A service charge if approved by the majority of the voters residing in the proposed fire district shall be collected by the board of directors of the proposed district that has response coverage for the district unless otherwise provided by law. The proceeds from the service charge less any costs of collection shall be used by the district for fire protection and emergency medical service. (b) This amendment shall not become effective unless approved at a referendum by a majority of the qualified electors of Tallapoosa 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 572) Article 2. Road Maintenance §62-11.20. Willow Point Estates. (Amendment 975) (a) In Tallapoosa County, the Legislature by local law may provide for the establishment of a road maintenance district as a public corporation composed of the owners of all lots in the Willow Point Estates as further defined herein. (b) For the purposes of this amendment, "Willow Point Estates" means: All recorded phases and lots in the subdivisions known as Willow Point Estates or Willow Point recorded in the office of the Judge of Probate of Tallapoosa County, which includes, but are not limited to the following: (1) Willow Point Estates - Phase 1, Plat Book 5, Page 196, 06/22/1972. (2) Willow Point Estates - Phase 3, Plat Book 5, Page 201, 08/23/1972. (3) Willow Point Estates - Phases 2-4 and 5, Plat Book 6, Page 21, 08/01/1973. (4) Willow Point Estates - Phase 6, Plat Book 56, Page 140, 05/27/1977. (5) Willow Point Estates - Phase 7, Plat Book 7, Page 57, 03/03/1986. (6) Willow Point Estates - Amended Phase 6, Lots 37 and 39, Plat Book 7, Page 73, 12/09/1986. (7) Willow Point Estates - Phase 7A, Lot 22, Plat Book 7, Page 78, 01/28/1987. (8) Willow Point Estates - Phase VIII, Plat Book 7, Page 82, 04/02/1987. (9) Willow Point Estates - Phase VII B, Plat Book 7, Page 85, 05/20/1987. (10) Willow Point Estates - Phase VII C, Plat Book 7, Page 90, 01/19/1988. (11) Willow Point Estates - Amended Phase VII C, Plat Book 7, Page 128, 02/16/1989. (12) Willow Point Estates - Phase IX, Plat Book 7, Page 158, 07/31/1990. (13) Willow Point Estates - Phase X, Plat Book 7, Page 162, 09/26/1990. (14) Willow Point Estates - Phase 2-A (Being a Replat of Lots 15 and 16, Block A, Willow Point Estates at Plat Book 6, Page 21), Plat Book 8, Page 1, 05/21/1993. (15) Willow Point Estates - Phase Six "B", Plat Book 8, Page 72, 02/06/1997. (16) Willow Point Estates - Replat of Lot 17, 18, and 19 Willow Point Estates, Phase II 4 and 5, Plat Book 9, Page 27, 09/15/1999. (17) Willow Point Estates - Phase 3A, (Being a Replat of Lot 7 of Willow Point Estates at Plat Book 5, Page 201), Plat Book 10, Page 17, 01/17/2002. (18) Willow Point Estates - Resurvey of Lot #1, Phase 1, Plat Book 10, Page 39, 07/16/2003. (19) Willow Point Estates - Phase II-B, (Being a Replat of Lots 1-6, Willow Point Estates, Block C, Phase 2, at Plat Bk 6, Page 21), Plat Book 10, Page 50, 12/15/2003. (20) Willow Point Estates - Phase VII-D, (Being a Replat of Lots 20 and 21 of Willow Point Estates, Phase VII at Plat Bk 7, Page 57), Plat Book 12, Page 91, 06/08/2016. (21) Willow Point - Phase XI, Plat Book 8, Page 57, 06/19/96. (22) Willow Point - Phase XII, Plat Book 8, Page 58, 06/19/96. (23) Willow Point - Phase XII-A, Plat Book 10, Page 56, 04/23/04. (24) Glynmere at Willow Point, Plat Book 11, Page 22, 11/04/05. (c) The district may be established only after the filing of a petition as provided in the local law in the office of the judge of probate of the county and the approval of the formation of the district by a majority vote of the qualified voters, with each lot having one vote, voting in favor of the formation of the district at a referendum election conducted by the judge of probate pursuant to the local law. Notwithstanding the foregoing, the district shall not be established unless the owner of the roads in Willow Point Estates, with the exception of subdivision (24) Glynmere at Willow Point, joins in the petition and agrees to transfer ownership of the roads to the district in the event that the district is created. The ownership of the roads transferred to the district shall be held by the district for the benefit of the owners of lots in Willow Point Estates and the roads shall be private roads for use by the property owners of lots in Willow Point Estates and as provided by the district. After the transfer of ownership of the roads to the district, the duty to maintain the roads transferred is vested in the district. After the district becomes operative and in the manner provided by local law, the district may assess and collect an annual road maintenance charge on the owner or owners of each lot in Willow Point Estates. The proceeds of the road maintenance charges shall be used by the district only for the maintenance, construction, repair, and paving of the roads and bridges, including rights-of-way, in the district and for administration of the district. Failure to pay the road maintenance charges in a timely manner as provided by the district shall result in a lien on the property which may be enforced in the manner provided by the local law. (Amendment 975) ”

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.