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Chapter 2. Anniston
§8A-2.00. Special School Tax. (Amendment 232)
(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 Anniston in Calhoun county, to be used solely for public school purposes, such tax to be levied and collected for a period of thirty years commencing with the tax year beginning October 1, 1977, with the first year's tax being payable October 1, 1978; provided such tax and the time it is to continue shall have been first submitted to the vote of the qualified electors of the school 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, to be held in the school tax district of the city of Anniston in Calhoun county, at which election the qualified voters in said school tax district 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, commencing with the tax year beginning October 1, 1977, be levied and collected as other property taxes in said school district are levied and collected for a period of thirty years. If the proceeds of the tax are pledged to the payment of the principal and interest of the bonds hereinafter provided for, the tax collector of Calhoun county shall, upon collection thereof, pay such proceeds to the city of Anniston, and if the proceeds of the tax are not so pledged, he shall pay such proceeds to the board of education of the city of Anniston. This section shall be self-executing.
(B) After said tax has been voted, and without further authorization, and notwithstanding that any such request may be made prior to October 1, 1977, the city of Anniston shall, as and when requested by the board of education of Anniston, issue and sell interest bearing bonds, with principal and interest to be paid from the proceeds to be derived from said special school tax, for the sole purpose of construction and improvement of school buildings within such school tax district, and acquiring sites therefor. The net proceeds of the sale of such bonds shall be immediately paid to the board of education of the city of Anniston. The proceeds to be derived from said special school tax may be pledged by the city of Anniston for the payment of said bonds and the interest thereon, but said bonds shall not be a general obligation of the city of Anniston or of Calhoun county, and shall not be charged to the constitutional debt limit of the city of Anniston or of Calhoun county.
(C) Except as herein otherwise provided the election hereinabove provided for shall be called, held and conducted as provided for by law for the calling, holding and conducting of district school tax elections; provided, however, that the governing body of the city of Anniston shall call said election, it shall give at least thirty days' notice thereof by publication in some newspaper published in the city of Anniston and by written notices posted in three public places within the city for at least thirty days prior to said election, it shall appoint and designate the officers, managers, clerks and returning officers to conduct said election, it shall furnish the supplies and facilities necessary for the holding of said election, it shall pay out of the city treasury the expenses incident to the holding of said election, it shall designate the polling places to be used in said election, and it shall canvass, tabulate and declare the result of said election. (Amendment 232)
§8A-2.01. Application of Special School Tax. (Amendment 281)
(A) The purpose of this amendment is to clarify and make further provisions regarding the public school purposes for which the following special school taxes, heretofore voted in the school district of the city of Anniston, may be applied: (1) The special annual ad valorem school tax at the rate of fifty cents (50¢) on each one hundred dollars ($100.00) of taxable property which was voted for public school purposes at the special election held in the said school district on March 16, 1948, pursuant to call of the said election made in Section 8-10.20, and which was levied by Section 8-10.20 for public school purposes in the said school district for a period of thirty years commencing with the tax year beginning October 1, 1947, and with the last year's tax being payable October 1, 1977; and (2) the special annual ad valorem school tax at the same rate which was voted for public school purposes at the special election held in the said school district on February 15, 1966, pursuant to call of the said election made in Section 8A-2.00, and which was levied by Section 8A-2.00 for public school purposes in the said school district for a period of thirty years commencing with the tax year beginning October 1, 1977, and with the first year's tax being payable October 1, 1978.
(B) In addition to the public school purposes specifically mentioned in Section 8-10.20, in Section 8A-2.00, and in Section 8-10.21, that portion of the proceeds from the special school tax levied by Section 8-10.20 in the school district of the city of Anniston that is not needed to pay debt service on bonds heretofore issued by the city of Anniston under Section 8-10.20 or under Section 8-10.21, or to comply with any other covenants contained in proceedings authorizing the issuance of the said bonds, and also the proceeds from the special school tax levied by Section 8A-2.00 may be used to pay the principal of and interest on any securities (including, but without limitation to, warrants) that may hereafter be issued by the city of Anniston, pursuant to request by the city board of education of Anniston, for the purpose of (i) paying costs of acquiring, constructing and improving public school buildings in the said school district, (ii) refunding the principal of warrants or other securities issued by the said city, after the effective date of Section 8A-2.00, for payment of costs of acquisition, construction and improvement of public school buildings, or (iii) the combined purpose of payment of such costs and such refunding. Costs of constructing a school building shall be deemed to include the costs of acquiring a site therefor. Any such securities may be either general obligations of the city of Anniston secured by a pledge of the proceeds of either or both of the said school taxes or may be special obligations of the said city payable solely out of and secured by a pledge of the proceeds of either or both of the said taxes; and any such securities shall be issued by the said city pursuant to the powers conferred on municipalities by existing statutes. Any pledges that may hereafter be made either hereunder or under Section 8A-2.00 with respect to the proceeds from the special school tax levied by Section 8A-2.00, shall take precedence in the order in which they are made. Any pledges that may hereafter be made either hereunder or under Section 8-10.21, with respect to the proceeds from the special school tax levied by Section 8-10.20 shall take precedence in the order in which they are made and shall be subordinate to the pledges heretofore made by the city of Anniston pursuant to either Section 8-10.20 or Section 8-10.21. If the proceeds of the tax levied by Section 8A-2.00 should at any time be pledged pursuant to either this amendment or Section 8A-2.00, the tax collector of Calhoun county shall, upon collection thereof, pay such proceeds to the city of Anniston; and until the proceeds of the special tax levied by Section 8A-2.00 are so pledged, he shall pay such proceeds to the board of education of the city of Anniston. If pledges are hereunder made with respect to either or both of the said special school taxes, and if the governing body of the city of Anniston shall hereafter determine that the proceeds from the tax or taxes so pledged are in excess of the amount needed to satisfy the said pledges and any other then outstanding pledges made under any of the other amendments herein referred to, then the said proceeds, to the extent of the said excess, may be applied for other public school purposes in the said school district.
(C) The provisions hereof are supplemental to Section 8-10.20, Section 8-10.21, and Section 8A-2.00 and the powers and authority herein granted shall be in addition to the powers and authority conferred by the said amendments.
(D) Each of the said special elections held as aforesaid on March 16, 1948, and on February 15, 1966, is hereby validated, in spite of any irregularities in connection with the giving of notice or the holding thereof or any other irregularity in connection therewith. (Amendment 281)
§8A-2.02. Additional Special Ad Valorem Tax for Schools. (Amendment 350)
The city of Anniston shall have power to levy and collect a special property tax in addition to all other taxes now or hereafter authorized by the Constitution and laws of Alabama, of three mills on each dollar of taxable property situated therein, for educational purposes; provided that before such tax may be levied and collected the question of levying the tax, the purpose thereof, and the time such tax is proposed to be continued shall have been first submitted to a vote of the qualified electors of the city and voted for by a majority of those voting at the election. The election shall be ordered, held, and conducted as provided by law for calling, holding and conducting district school tax elections. (Amendment 350)
§8A-2.03. Economic Development. (Amendment 376)
Any provision of the Constitution or laws of the state of Alabama to the contrary notwithstanding, the governing body of the city of Anniston shall have full and continuing power and authority, to do any one or more of the following:
1. To acquire and develop one or more parcels of land as the site or sites for an industrial park or industrial parks; and to expend or grant public money and things of value for such acquisition and development. The development of land as the site for an industrial park shall be deemed to include the provision of water, sewage, drainage, transportation, power and communication facilities, and other similar facilities, which are incidental to the use of the land as an industrial park, and also shall be deemed to include the provision of structures or buildings of any kind or type whatsoever relating to the use of the land, structures and/or buildings as an industrial park.
2. To sell to any person, firm, partnership, corporation or other entity all or any part of any land, together with the improvements thereon, held by it as an industrial park; provided, however, that no such sale may be made for less than the reasonable market value of the property so sold, as such value may be established by the appraisals of at least two independent appraisers. Prior to making any sale of any property comprising all or part of an industrial park, said city shall cause appraisals of the market value of the property to be so sold to be made by at least two independent appraisers, and shall cause a copy of each such appraisal to be filed in the permanent records of said city. Each such appraisal shall be made not earlier than 180 days prior to the consummation of such sale. In any case where each appraisal obtained pursuant to the provisions hereof sets forth a different value, the average of the market values stated in the separate appraisals shall be deemed to constitute the reasonable market value of the property.
3. 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.
4. Said city shall not make any engagement or commitment or undertake any project under the provisions hereof unless and until the proposition has been approved and recommended to the governing body of said city by a majority vote of all the members of the industrial development board of the city of Anniston, or its successor, at a duly convened meeting of said board, said approval and recommendation to be evidenced by a certified copy of a resolution duly passed and adopted by said board and delivered to the city clerk of said city and unless and until the governing body of said city passes and adopts an ordinance approving and authorizing such proposition. Provided, however, no ordinance shall be passed and adopted by the governing body of said city under the provisions hereof unless and until the proposed ordinance has been published at least once a week for three consecutive weeks in a newspaper of general circulation published within said city, together with a notice stating the time and place that the ordinance is to be considered by said governing body and stating further at such time and place all persons who desire shall have an opportunity of being heard in favor of or in opposition to such ordinance. The first publication of the proposed ordinance, together with said notice, shall be made not less than 18 days in advance of the passage and adoption of such proposed ordinance. (Amendment 376)
§8A-2.04. Appropriation to East Alabama United Cerebral Palsy Center. (Amendment 494)
The governing body of the city of Anniston in Calhoun county is hereby authorized to appropriate the sum of $35,000.00 from public funds on a one-time basis only to the East Alabama United Cerebral Palsy Center for the cost of its complex at the Jaycee park. (Amendment 494)
§8A-2.05. Election of Board of Education. (Amendment 664)
The Legislature, by local act, may provide for the manner of selection of the members of the Board of Education of the City of Anniston in Calhoun County and may provide further for the operation of the board. (Amendment 664)
§8A-2.06. Water Works and Sewer Board. (Amendment 677)
The Water Works and Sewer Board of the City of Anniston, Alabama, shall be governed by a board of directors consisting of seven members to be appointed as follows: Four members shall be appointed by the governing body to the City of Anniston and three members shall be appointed by the Calhoun County Legislative Delegation. Those persons serving on such board of directors on the effective date of this amendment shall continue to hold office until the expiration of their current terms. Act 95-497, 1995 Regular Session, is hereby ratified, approved, validated, and confirmed as of the date of its enactment any provision or provisions of this constitution of the contrary notwithstanding, and all actions heretofore taken by the City of Anniston, the Calhoun County Legislative Delegation and the Water Works and Sewer Board of the City of Anniston, Alabama, pursuant to the provisions of Act 95-497, are hereby ratified, approved, validated, and confirmed. This amendment shall be self executing, and no amendment to the Certificate of Incorporation of said Water Works and Sewer Board shall be necessary to implement the provisions of this amendment. (Amendment 677)[1]
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