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Chapter 3. County Government, Finance, and Operations
Article 1. Finance
§49-3.00. Bond Issues for Public Roads. (Amendments 18, 152, and 363)
Mobile county may at any time and from time to time issue its bonds for construction and improvement, or either, of hard surfaced roads, hard surfaced bridges, and surface water drainage facilities, or any thereof, in said county and, to provide for payment of the principal of and interest on such bonds, may levy and collect a special annual ad valorem tax on the taxable property in said county at a rate not exceeding one-half of one per centum (1/2 of 1%) of the assessed valuation of the taxable property in said county; provided, that the total principal amount of each series of bonds at any time issued hereunder, when added to the principal amount of all then outstanding bonds theretofore issued hereunder and of all then outstanding bonds theretofore issued under any other constitutional amendment that are payable from or secured by the said special tax, shall not exceed six and one-half per centum (6 1/2 %) of the assessed valuation of the taxable property situated in said county, as assessed for state taxation for the then preceding state tax year; provided, further, that the rate of the said special tax levied for payment of the bonds at any time issued hereunder and all other bonds at any time issued pursuant to any other constitutional amendment and payable out of or secured by said special tax shall not exceed said rate of one-half of one per centum (1/2 of 1%) hereinabove specified; and provided, further, that any bonds may be issued hereunder and said special tax for payment thereof may be levied and collected only after a majority of the qualified electors of said county voting at an election called for that purpose by the governing body of said county shall have voted in favor of the issuance of such bonds and the levy of such tax therefor. Each such election shall be called, held, conducted, and canvassed, and notice thereof shall be given, in the manner provided by the general laws of Alabama respecting elections on the issuance of bonds by counties, as such laws may exist at the time such election is called; provided, that prior to the holding of any election hereunder, the governing body of Mobile county shall cause to be prepared engineering maps and reports respecting the proposed work on roads, bridges and drainage facilities, or any thereof, shall adopt a resolution containing a brief description, including the name if any, of each proposed item of construction or improvement, a statement of the length or location of each such item and of the estimated cost thereof, and a statement of the total amount of the bonds proposed to be issued for all work of construction or improvement described in said resolution, and shall cause said resolution to be published in a newspaper published in the county one time not less than thirty days before such election. Any number of items of construction or improvement may be described in one resolution; and the question of the issuance of bonds and the levy and collection of said tax with respect to all of the work described in each resolution shall be submitted to the voters in one single proposition at any election held hereunder. Any number of such resolutions may be adopted on the same day, and any number of propositions may be submitted to the voters on the same day. Each engineering report prepared in accordance with the provisions hereof shall be accompanied by a certificate of the engineer preparing such report that the material proposed to be used for any road or bridge work described in such report meets the then existing specifications of the Alabama highway department applicable to the same type of construction or improvement.
The limitation of six and one-half per centum (6 1/2 %) of the assessed value of taxable property in the county, hereinabove provided for, is applicable only to the amount of bonds that may be outstanding immediately following the delivery of each series of bonds issued hereunder and shall not restrict the total amount of bonds that may be from time to time issued hereunder.
The bonds issued hereunder shall be general obligations of Mobile county secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, so much of the said special tax as may be necessary to pay said principal and interest at their respective maturities. Each such pledge of the special tax made for the benefit of the bonds issued hereunder shall be on a parity with all valid pledges of said special tax theretofore or thereafter made for the benefit of bonds issued hereunder or under any other constitutional amendment, to such extent as shall not impair the obligations of any then existing valid pledges. The principal of each series of said bonds shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of any series of bonds maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama respecting the sale, execution, issuance, and redemption of bonds by counties, as such laws may exist at the time of the delivery of such bonds.
The provisions of this amendment shall be self-executing, and the enactment of local legislation shall not be a prerequisite to the taking of any action hereunder by the said county and its governing body; and no local legislation at any time adopted with respect to this amendment shall be effective, and all such local legislation is hereby repealed.
Mobile county shall in addition have authority under this amendment to make cash payments for the construction and improvement of hard surfaced roads, hard surfaced bridges and surface water drainage facilities, or any thereof, in said county, from any proceeds accumulated under the provisions of this amendment over and above such proceeds as are now or hereafter pledged to the payment of the principal and interest on bonds, warrants, notes or other evidence of indebtedness authorized under this amendment; provided however that no such construction or improvement work shall be started and no such cash payments shall be made unless and until such construction or improvement project, specifically named and described, has been approved by the affirmative vote of a majority of the votes cast on the question at an election in which all of the qualified electors of said county may vote; and the probate judge and all other appropriate election officials shall, upon application by the county commission of said county no less than forty days prior to any such election, include on the ballot for such election the question of whether the voters do approve such specifically named and described construction or improvement project. (Amendments 18, 152, and 363)
§49-3.01. Bond Issues for Unbonded Obligations. (Amendment 29)
The legislature of Alabama may authorize Mobile county to issue bonds from time to time, not exceeding in the aggregate $1,600,000.00, which bonds, or the proceeds thereof, shall be used exclusively for paying valid and enforceable unbonded obligations of Mobile county, and unbonded obligations of Mobile county which would be valid and enforceable but for the provision or provisions of the Constitution of Alabama of 1901 fixing the debt limit of said county, and all past due interest and principal on any valid and enforceable bonded obligations of said county, existing on September 30th, 1936. In September of each year after the adoption of this amendment to the Constitution, the governing body of Mobile county shall adopt a budget based on 95 percent of the gross receipts of the general fund of the preceding year for the succeeding fiscal year beginning October 1st, and the expenses of such county for any such fiscal year shall not exceed the revenues of the county for that year. All debts contracted or liabilities incurred by the said county in excess of such revenues shall be void. The governing body of Mobile county may, during any such fiscal year, borrow additional money to the extent of twenty-five (25%) percent of the general revenues of such county for the preceding fiscal year, and pledge to secure the payment thereof the general revenues of the county for such current fiscal year only, such loans to be paid within that fiscal year or from the pledged general revenues of the county subsequently collected for that year, and any loan so made and not paid out of the general revenues of the county pledged to secure the same shall be void as to any amount remaining unpaid. The legislature shall not, after the adoption of this amendment, pass any law making any claim a preferred claim against said county, and all laws, or parts of laws, now in force and effect, making a claim a preferred claim against said county, are hereby annulled as to any future claim. The words "governing body of Mobile county" as herein used shall include any board or officer which is now or which may hereafter be vested with the powers and duties now or formerly exercised by the board of revenue and road commissioners of Mobile county, Alabama. Any person violating any of the provisions of this amendment shall, upon conviction, be punished by a fine not exceeding $5,000.00, or by imprisonment in the penitentiary for not more than two years, one or both, at the discretion of the jury trying the same, and the violation of any of the provisions of this amendment shall also be ground for impeachment. (Amendment 29)
§49-3.02. Debt Limit. (Amendment 60)
Notwithstanding any other provision of this Constitution, Mobile county shall continue to have and possess all of the rights, powers and authority granted to it by Section 49-3.00 and Act Number 246 of the Local Acts of 1927 [p. 151], as the same has been heretofore amended, and shall have and possess the power and authority to become indebted for the construction or erection of public buildings, bridges and roads within the limit prescribed by section 224 of this Constitution; provided, however, that all debts incurred or bonds issued by Mobile county under Section 49-3.01 shall be in addition to the limit fixed by said section 224, and shall not be taken into account or considered in determining or arriving at the debt limit of Mobile county under said section 224, and provided further that the six and one-half percent (6 1/2 %) limitation in Section 49-3.00 shall be construed to refer not to the total amount of bonds issued under authority of the amendment, but to the total amount of bonds so issued which may be outstanding at any one time. (Amendment 60)
§49-3.03. Extension of Debt Limit. (Amendment 100)
Notwithstanding any other provision of this Constitution, Mobile county shall continue to have and possess all of the rights, powers and authority granted to it by Section 49-3.00 and shall have and possess the power and authority to become indebted for the construction or erection of public buildings, bridges and roads within the limit prescribed by section 224 of this Constitution; provided, however, that all debts incurred or bonds issued by Mobile county under Section 49-3.00 and Section 49-3.01, and this amendment, shall be in addition to the limit fixed by said section 224, and shall not be taken into account or considered in determining or arriving at the debt limit of Mobile county under said section 224, and provided further that the six and one-half percent (6 1/2 %) limitation in Section 49-3.00 shall be construed to refer not to the total amount of bonds issued under authority of the amendment, but to the total amount of bonds so issued which may be outstanding at any one time. And provided further, that Mobile county may become indebted, issue bonds and levy the tax as authorized by and within the limits of Section 49-3.00 to pay all or part of the cost of the construction or improvement of concrete or better than concrete surfaced public roads, streets and bridges in Mobile county, including those within or partly within any municipality, and also for the purpose of constructing, improving and equipping school buildings in an amount not to exceed $1,000,000 and in an amount not to exceed $4,000,000 to construct and equip a building or buildings to be used for a courthouse and jail, including the acquisition of sites therefor; however, in submitting the question of issuing school bonds and courthouse and jail bonds hereunder, the county governing body shall submit the issuance of bonds for such purposes as a single proposition. Courthouse, jail and school bonds authorized hereby shall be issued in the manner provided in chapter 7 of Title 12 of the Code of Alabama of 1940 as heretofore or hereafter amended.
Bonds issued hereunder, together with bonds now or hereafter outstanding under authority of Section 49-3.00, together with redemption premiums thereon, shall be payable from any funds heretofore and hereafter derived from the proceeds of the tax at such rate or rates not exceeding one-half of one percentum of the assessed value of the property situated in the county which may from time to time be levied or which has been levied, under Section 49-3.00. The county governing body may agree in the proceedings authorizing the issue of school bonds and courthouse and jail bonds hereunder that it will, if and to the extent necessary to prevent default in the payment of principal or interest on such bonds, use for the payment of such principal or interest, or both, as a prior lien thereon so much of the proceeds of the tax of 2 1/2 mills authorized by section 215 of the Constitution as may be necessary. Further, after 30 days from the first publication in said county of the resolution authorizing and fixing the details of any bonds authorized to be issued hereunder, such bonds and the sources of payment provided therefor in such resolution shall be incontestable in any court in this state. (Amendment 100)
§49-3.04. Bond Issues for Public School Buildings. (Amendment 122)
Mobile county is hereby authorized to become indebted for school building purposes and in evidence of the indebtedness so incurred, to sell and issue, in addition to all other bonds of the county, interest bearing bonds of the county not exceeding three million dollars ($3,000,000) in principal amount.
The bonds issued hereunder, together with the bonds now or hereafter outstanding under authority of Section 49-3.00 and Section 49-3.03, together with redemption premiums thereon, shall be payable from any funds heretofore and hereafter derived from the proceeds of the tax at such rate or rates not exceeding one-half of one per centum of the assessed value of the property situated in the county which may from time to time be levied and which has been levied under Section 49-3.00 and also from the proceeds of any tax or taxes levied under this amendment; and the board of revenue and road commissioners or other governing body of Mobile county is hereby vested with full authority to continue to levy a tax in the amount authorized by Section 49-3.00, until all bonds issued pursuant to this amendment have been paid in full, or provision for such payment made, without again submitting the question of levying such tax and issuing such bonds to the qualified voters of Mobile county.
The proceeds from each sale of any of the bonds shall, after payment of the expenses of issuing the same, be covered into the county treasury and set apart therein in a special trust fund to be designated the "Public School Bond Fund." The money paid into such fund shall be disbursed to the custodian of county school funds, and shall be used solely for the acquisition of public school sites, for the construction, reconstruction, alteration and improvement of public school building facilities, for the procurement of equipment therefor, and for payment of obligations incurred for any of such purposes in Mobile county.
The board of revenue and road commissioners or other governing body of Mobile county is hereby vested with full authority except as limited herein, to provide the terms of the bonds and to provide for the sale and issuance thereof; and such county governing body is hereby specifically authorized to pledge to the payment of such bonds so much of the proceeds of any tax hereinbefore or hereafter levied pursuant to Section 49-3.00, which has not already been pledged to the payment of other bonds of the county, and so much of the proceeds of any tax levied pursuant to this amendment as are needed for the payment of the bonds hereby authorized. The bonds may be sold, executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of Mobile county to be exercised by said board of revenue and road commissioners or other governing body of Mobile county at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by said county governing body in the resolution or resolutions whereunder the bonds are issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said county governing body under which they were issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than twenty-five years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the county the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said county governing body that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to which such determination is made and all subsequent holders thereof shall be fully protected by such determination. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery, and all of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the said county governing body, to the bidder whose bid reflects the lowest net interest cost to the county computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said county governing body is received all bids may be rejected.
The bonds shall be signed in the name of the county of Mobile by the chairman of the board of revenue and road commissioner or other presiding officer of the county governing body and shall be countersigned by the county treasurer, and the seal of the county, if any, or a facsimile thereof, shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the clerk of the county governing body; provided that a facsimile of the signature of any one or any two (but not all) of the officers whose signatures appear on the bonds may be reproduced on any of the bonds in lieu of being manually signed thereon. Any coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the chairman of the county governing body, which facsimile signature shall constitute sufficient authentication of said coupons.
All bonds issued under the provisions of this amendment, together with the interest income therefrom, shall forever be exempt from all taxation in this state.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder; provided, however, that the legislature may enact appropriate legislation, not inconsistent with this amendment, respecting the use of the proceeds from the bonds and providing for the payment of the principal thereof and the interest thereon. (Amendment 122)
§49-3.05. Bond Issues for Schools and Hospitals. (Amendment 151)
Mobile county is hereby authorized to issue its bonds not exceeding $3,000,000 in principal amount for the purpose of acquiring, providing, and constructing capital improvements in the county of which not exceeding $1,000,000 aggregate principal amount shall be issued to pay the costs of acquiring, providing, and constructing public schoolhouses in the county and of which not exceeding $2,000,000 aggregate principal amount shall be issued to pay the costs of acquiring, providing, and constructing public hospital buildings in the county, provided, that the aggregate principal amount of any series of bonds at any time issued hereunder, when added to the aggregate principal amount of all bonds then outstanding that are payable from or secured by the special annual ad valorem tax authorized in Section 49-3.00, shall not exceed six and one-half percentum (6 1/2 %) of the assessed valuation of the taxable property situated in said county, as assessed for state taxation for the state tax year next preceding the issuance of such bonds hereunder; provided, further, that any bonds may be issued hereunder only after the question of the issuance of such bonds shall have been submitted to the qualified electors of Mobile county at an election called for that purpose by the governing body of said county, at which a majority of said qualified electors voting at said election shall have voted in favor of the issuance of such bonds, any such election to be called, held, conducted, and canvassed, and notice thereof to be given, in the manner provided by the then existing general laws of Alabama with respect to elections on the issuance of bonds by counties; provided, however, that if a majority of the qualified electors of Mobile county participating in the election on the adoption of this constitutional amendment shall vote for adoption of this amendment, then the approval of this constitutional amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for herein and in that event no additional election by the voters of Mobile county shall be required to authorize the issuance of said bonds. In the event that the majority vote at any election held hereunder is not in favor of the issuance of the bonds proposed at such election, the governing body of Mobile county may from time to time call other elections hereunder on the issuance of such bonds but not more than one such election shall be held during any period of twelve months.
The bonds issued hereunder shall be general obligations of Mobile county secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, at the respective maturities of such principal and interest, so much as may be necessary for said purpose of the said special tax, each such pledge to be on a parity with all valid pledges of said special tax at any time made, to such extent as shall not impair the obligation of then existing valid pledges. The principal of each series of said bonds shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of any series of bonds maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance, and redemption of bonds by counties.
For payment of the principal of and interest on any bonds that may be issued hereunder, and so long as any of said principal and interest remains unpaid, the governing body of Mobile county is hereby authorized to continue the levy of the said special annual ad valorem tax provided for in Section 49-3.00 at such rate as may be sufficient to pay such principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of said bonds and all other bonds payable out of or secured by a pledge of said tax, shall not exceed one-half of one per centum (1/2 of 1%) of the assessed valuation of taxable property in the county.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of said special tax for payment thereof. (Amendment 151)
§49-3.06. Bond Issues for Capital Improvements. (Amendment 193)
Mobile county is hereby authorized to issue its bonds not exceeding $1,737,000 in aggregate principal amount for the purpose of acquiring, providing, constructing and equipping capital improvements in said county, including the acquisition of sites therefor, of which bonds $500,000 in principal amount shall be issued to pay costs of acquiring, providing, constructing and equipping public school buildings in said county, and $500,000 in principal amount shall be issued to pay all or a part of the costs of acquiring, providing, constructing and equipping a building or buildings for use for educational purposes on the college level in said county, $606,000 in principal amount shall be issued to pay a portion of the costs of acquiring, providing, constructing and equipping one or more public hospital buildings in said county whether such buildings shall be owned by said county or by any public corporation therein, and $131,000 in principal amount shall be issued to pay all or part of the costs of acquiring, providing, constructing and equipping one or more buildings in the county for the Alabama State College; provided, that the aggregate principal amount of any series of bonds at any time issued hereunder, when added to the aggregate principal amount of all bonds then outstanding that are payable from or secured by the special annual ad valorem tax authorized in Section 49-3.00, shall not exceed six and one-half per centum (6 1/2 %) of the assessed valuation of the taxable property situated in said county, as assessed for state taxation for the state tax year next preceding the issuance of such bonds hereunder; provided, further, that no bonds may be issued under the authority of this constitutional amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of Mobile county at an election called for that purpose by the governing body of said county and a majority of said qualified electors voting at said election shall have voted in favor of the issuance of such bonds, any such election to be called, held, conducted, and canvassed, and notice thereof to be given, in the manner provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties; provided, however, that if a majority of the qualified electors of Mobile county participating in the election on the adoption of this constitutional amendment shall vote for adoption of this amendment, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for herein and in that event no additional election by the electors of Mobile county, shall be required to authorize the issuance of said bonds. If the majority of the qualified electors of Mobile county participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of Mobile county voting at any election held under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at such election, the governing body of Mobile county may from time to time call other elections hereunder on the issuance of such bonds, but not more than one such election shall be held during any period of twelve months.
The bonds issued hereunder shall be general obligations of Mobile county for the payment of the principal of and interest on which the full faith and credit of said county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of said principal and interest, at the respective maturities thereof, so much as may be necessary for said purpose of the said special tax, each such pledge to be on a parity with all valid pledges of said special tax at any time made, to such extent as shall not impair the obligation of then amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of said series and the last of which shall mature not later than thirty (30) years after the date of the bonds of said series; provided, that the maturities of each series of bonds issued hereunder shall be so arranged at the time of the issuance of such series of bonds that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of said county shall be more than four times as great as the smallest installment of principal of the same series maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and all other bonds then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the said tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance, and redemption of bonds by counties. The indebtedness evidenced by the bonds issued hereunder or under any other amendment to the constitution which are payable out of or secured by a pledge of said special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of said county provided for in Section 224 of the constitution.
For payment of the principal of and interest on all bonds that may be issued hereunder, and so long as any of said principal and interest remains unpaid, the governing body of Mobile county is hereby authorized to continue the levy of the said special annual ad valorem tax provided for in Section 49-3.00 at such rate as may be sufficient to pay such principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of said bonds and all other bonds payable out of or secured by a pledge of said tax shall not exceed one-half of one per centum (1/2 of 1%) of the assessed valuation of taxable property in said county.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of said special tax for payment thereof. (Amendment 193)
§49-3.07. Bond Issues for Certain Public Buildings. (Amendment 300)
Section A. As used in this amendment the following terms shall be given the following respective meanings:
- "County" means Mobile county.
- "Special tax" means the annual ad valorem tax at the rate of 1/2 of 1 per centum (equivalent to 5 mills on each dollar) of the assessed valuation of the taxable property in the county authorized to be levied by the county by the amendment known as Section 49-3.00, and also provided for in the amendments to the Constitution known as Sections 49-3.03, 49-3.04, 49-3.05, 49-3.06, and 49-10.40.
Section B. Mobile county is hereby authorized to issue from time to time its bonds, not exceeding $3,000,000 in aggregate principal amount, of which $1,000,000 in principal amount shall be issued for the purpose of acquiring, providing, constructing and equipping a building for use as a juvenile detention home for the county in conjunction with the juvenile court of the county, and $2,000,000 in principal amount shall be issued for the purpose of acquiring, providing, constructing and equipping additions and improvements to the county courthouse building in the county; provided, that if all of the proceeds from the bonds issued for either of the said purposes shall not be needed for the purpose for which they were issued then the balance not so needed may in the sound judgment of the governing body of the county be expended for the said other purpose. The aggregate principal amount of all bonds at any time issued under this amendment, when added to the aggregate principal amount of all then outstanding bonds theretofore issued by the county under any other amendment to the Constitution of Alabama that are payable from or secured by the special tax shall not exceed 6 1/2 per centum of the assessed valuation of the taxable property situated in the county as assessed for state taxation for the state tax year next preceding that during which any bonds herein authorized shall be issued.
No bonds may be issued under the authority of this amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of the county at any election called for that purpose by the governing body of the county and a majority of the said qualified electors voting at the said election shall have voted in favor of the issuance of such bonds; provided, that if a majority of the qualified electors of the county participating in the election on the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for in this amendment and no additional election by the electors of the county shall be required to authorize the issuance of the said bonds. If the majority of the qualified electors of the county participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting at any election called by the governing body of the county under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at an election so called, the governing body of the county may from time to time call other elections hereunder on the issuance of such bonds, but not more than one such election shall be held during any period of twelve consecutive months. Any such election called by the governing body of the county shall be called, held, conducted and canvassed, and may be contested, in the manner and within the time provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties.
The bonds issued hereunder shall be general obligations of the county for the payment of the principal of and interest on which the full faith and credit of the county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of the said principal and interest so much of the special tax as may be necessary to pay the said principal and interest at their respective maturities, each such pledge to be on a parity with all valid pledges of the special tax at any time heretofore or hereafter made, to such extent as shall not impair the obligation of any then existing valid prior pledges.
The principal of each series of bonds issued under this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of that series and the last of which shall mature not later than thirty (30) years after the date of the bonds of that series; provided, that the maturities of each series of bonds issued under this amendment shall be arranged so that (a) no annual installment of principal of the bonds of such series maturing during any fiscal year of the county shall be more than four times as great as the smallest installment of principal of the same series maturing during any prior fiscal year, and (b) the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and also all other bonds theretofore issued by the county and then outstanding that are payable out of or secured by a pledge of the special tax, shall not exceed the amount of the proceeds collected from the special tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued under this amendment shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in section 224 of the Constitution.
So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of Mobile county shall continue the levy of the special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities; provided, that the total rate of the special tax that may be levied and collected for payment of the said bonds and all other bonds payable out of or secured by a pledge of the special tax shall not exceed 4 1/2 mills on each dollar of the assessed valuation of all properties subject to taxation by the county as assessed for state taxation and that the said rate of 4 1/2 mills on each dollar of the said assessed valuation shall be reduced for each tax year for which the special hospital tax authorized in paragraph G of the amendment to the Constitution known as Section 49-10.40 shall have been levied at a rate exceeding 1 mill on each dollar of the taxable property in the county, any such reduction to be by 1/2 mill on each dollar of the assessed valuation of the taxable property in the county or by rate of millage equal to the rate by which the said special hospital tax levied for that tax year exceeds one mill on each dollar of the assessed valuation of such taxable property, whichever shall be the lesser reduction. The provisions of this paragraph shall be applicable, however, only to such extent as shall not impair the obligation of any pledges of the special tax heretofore made for the benefit of any bonds issued by the county prior to the adoption of this amendment.
The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of the special tax for payment thereof. (Amendment 300)
§49-3.08. Bond Issues for General Obligations. (Amendment 447)
Section A. As used in this amendment the following terms shall be given the following respective meanings:
- "COUNTY" means Mobile county.
- "OUTSTANDING SECURITIES" means any bonds, warrants, notes or other securities issued by the county subsequent to September 30, 1979, and prior to February 1, 1984, that are payable in whole or in part out of proceeds received by the county from the ad valorem tax authorized by Section 215 of the Constitution of Alabama of 1901, as amended.
- "OUTSTANDING SPECIAL TAX SECURITIES" means any securities at the time outstanding that are payable in whole or in part out of proceeds of the special tax.
- "SPECIAL TAX" means the annual ad valorem tax on each dollar of the assessed valuation of taxable property in the county authorized to be levied by the county by the amendment known as Section 49-3.00, and also provided for in the amendments to the Constitution known as Sections 49-3.03, 49-3.04, 49-3.05, 49-3.06, 49-3.07, and 49-10.40, and by procedures taken under the amendment to the Constitution known as Section 217.
Section B. Mobile county is hereby authorized to apply proceeds of the special tax to the payment of the principal of and interest on and premium, if any) that will hereafter mature or otherwise become payable on the outstanding securities. The right of the county to apply the proceeds of the special tax for payment of the outstanding securities shall be subject to the provisions of this Constitution respecting the special tax and the pledge thereof for the benefit of the outstanding special tax securities. The proceeds of the special tax may be used for payment of the principal and interest on (and premium, if any) the outstanding securities, whether or not any bonds are issued hereunder.
Section C. Mobile county is hereby authorized to issue from time to time its bonds for the purpose of refunding all or any one or more of the issues of outstanding securities. The aggregate principal amount of all bonds at any time issued under this amendment, when added to the aggregate principal amount of all then outstanding bonds theretofore issued by the county under any other amendment to the Constitution of Alabama that are payable from or secured by the special tax shall not exceed 6 1/2 per centum of the assessed valuation of taxable property situated in the county as assessed for county taxation for the fiscal year of the county next preceding that during which any bonds herein authorized shall be issued.
No bonds may be issued under the authority of this amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of the county at an election called for that purpose by the governing body of the county and a majority of the said qualified electors voting at the said election shall have voted in favor of the issuance of such bonds; provided, that if a majority of the qualified electors of the county participating in the election on the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for in the first sentence of this amendment and no additional election by the electors of the county shall be required to authorize the issuance of those bonds. If the majority of the qualified electors of the county participating in the election on the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting at any election called by the governing body of the county under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at an election so called, the governing body of the county may from time to time call other elections hereunder on the issuance of such bonds, but not more than one such election shall be held during any period of twelve consecutive months. Any such election called by the governing body of the county shall be called, held, conducted and canvassed, and may be contested, in the manner and within the time provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties.
The bonds issued hereunder shall be general obligations of the county for the payment of the principal of and interest on which the full faith and credit of the county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of the said principal and interest so much of the special tax as may be necessary to pay the said principal and interest at their respective maturities, each such pledge to be on a parity with all valid pledges of the special tax at any time heretofore or hereafter made, to such extent as shall not impair the obligations of any then existing valid prior pledges.
All bonds issued under this amendment may be in such aggregate principal amounts, may be in such form and denominations and of such tenor and maturities, may be payable in such installments and at such time or times, not exceeding in the case of each such bond 30 years from its date, and may contain such provisions not inconsistent with this amendment as shall be provided in the proceedings of the governing body of the county whereunder such bonds shall be authorized to be issued. Except as herein otherwise provided, all bonds issued under this amendment shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in Section 224 of the Constitution.
So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of Mobile county shall continue the levy of the special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities. The rate at which the county may levy the special tax is hereby fixed at 6 1/2 mills on each dollar of the assessed valuation of properties subject to taxation by the county as assessed for county taxation, which rate shall be the maximum rate at which the county may levy the special tax except to the extent that the said rate may be increased pursuant to provisions of this constitution hereafter adopted. Such rate shall not be subject to adjustment pursuant to Section 49-10.40.
Section D. The provisions of this amendment shall be self-executing, and authorization from or other action by the legislature shall not be a prerequisite to the issuance of bonds hereunder, the levy of the special tax for payment thereof, or the use of the proceeds of the special tax for the purpose of paying the principal of or interest on the outstanding securities. (Amendment 447)
§49-3.09. Bond Issues for Mobile County. (Amendment 463)
Section A. As used in this amendment the following terms shall be given the following respective meanings:
- "COUNTY" means Mobile county.
- "OUTSTANDING WARRANTS" means those two general obligation warrants of the county, each in the principal amount of $1,000,000, dated April 15, 1986 and maturing October 15, 1986, and any of the county's notes, warrants or bonds issued after October 1, 1986 to refund such general obligation warrants.
- "SPECIAL TAX" means the annual ad valorem tax at the rate of 65 one-hundredths of 1 per centum (equivalent to 6 1/2 mills on each dollar) of the assessed valuation of the taxable property in the county authorized to be levied by the county by the amendment known as Section 49-3.00, as amended by the amendment to the Constitution known as Section 49-10.42, and also provided for in the Amendments to the Constitution known as Sections 49-3.03, 49-3.04, 49-3.05, 49-3.06, 49-3.07, 49-3.08, and 49-10.40.
Section B. The county is hereby authorized to issue from time to time its bonds, not exceeding $14,500,000 in aggregate principal amount, of which not in excess of $2,000,000 in aggregate principal amount shall be issued for the purpose of acquiring and improving, alone or in conjunction with other counties or municipal corporations, certain land located in the county for use by the Department of the Navy of the United States of America; not in excess of $2,000,000 in aggregate principal amount shall be issued for the purpose of acquiring and/or developing land, in one or more locations, for use as one or more industrial parks; not in excess of $500,000 in aggregate principal amount shall be issued for the purpose of constructing and equipping an intergovernmental office and service center for agricultural agencies; not in excess of $3,500,000 in aggregate principal amount shall be issued for the purpose of acquiring, constructing and equipping additions and improvements to the present county courthouse building in the county; not in excess of $4,500,000 in aggregate principal amount shall be issued for the purpose of acquiring, constructing and equipping additions and improvements to the present county jail facilities in the county; and not in excess of $2,000,000 in aggregate principal amount shall be issued for the purpose of refunding all or any portion of the outstanding warrants.
Section C. The county is hereby authorized to issue from time to time its bonds for the purpose of refunding all or any portion of any obligations of the county outstanding as of October 1, 1986 which are payable out of the proceeds of the special tax. Such bonds may be issued in any principal amount so long as the net proceeds of the sale thereof, after payment of expenses of issuance and sale thereof, do not exceed the principal amount of the obligations to be refunded. Part of the cash proceeds paid to the county at the time of the sale of any such refunding bonds as a result of decreased debt service may be used by the governing body of the county to finance salary increases or bonuses for employees of the county, not to exceed five percent (5%) across the board for all employees.
Section D. The aggregate principal amount of all bonds at any time issued under this amendment, when added to the aggregate principal amount of all then outstanding bonds theretofore issued by the county under any other amendment to the Constitution of Alabama that are payable from or secured by the special tax shall not exceed 6 1/2 per centum of the assessed valuation of the taxable property situated in the county as assessed for state taxation for the state tax year next preceding that during which any bonds herein authorized shall be issued.
No bonds may be issued under the authority of this amendment until after the question of the issuance of such bonds shall have been submitted to the qualified electors of the county at any election called for that purpose by the governing body of the county and a majority of the said qualified electors voting at the said election shall have voted in favor of the issuance of such bonds; provided, that if a majority of the qualified electors of the county participating in the election at which this amendment is voted on and voting on the question of the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the said vote in favor of its adoption shall of itself authorize the issuance of the bonds provided for in this amendment and no additional election by the electors of the county shall be required to authorize the issuance of the said bonds. If the majority of the qualified electors of the county participating in the election at which this amendment is voted on and voting on the question of the adoption of this amendment should not vote in favor of the adoption of this amendment, or if the majority of the qualified electors of the county voting at any election called by the governing body of the county under the provisions of this amendment should not vote in favor of the issuance of the bonds proposed at an election so called, the governing body of the county may from time to time call other elections hereunder on the issuance of such bonds, but not more than one such election shall be held during any period of twelve consecutive months. Any such election called by the governing body of the county shall be called, held, conducted and canvassed, and may be contested, in the manner and within the time provided by the then existing general laws of Alabama pertaining to elections on the issuance of bonds by counties.
The bonds issued hereunder shall be general obligations of the county for the payment of the principal of and interest on which the full faith and credit of the county shall be irrevocably pledged, and in addition thereto there shall be irrevocably pledged for payment of the said principal and interest so much of the special tax as may be necessary to pay the said principal and interest at the respective maturities of such bonds, each such pledge to be on a parity with all valid pledges of the special tax at any time heretofore or hereafter made, to such extent as shall not impair the obligation of any than existing valid prior pledges.
Bonds may be issued under this amendment in one or more series, and may bear interest which is tax exempt under the laws of the state of Alabama and the United States of America or which is not exempt from such taxation. Bonds issued hereunder may be sold at either public or private sale in such manner, at such price or prices and at such time or times as may be determined by the governing body of the county to be most advantageous. The principal of each series of bonds issued under this amendment shall mature in annual installments, the first of which installments shall mature not later than three (3) years after the date of the bonds of that series and the last of which shall mature not later than thirty (30) years after the date of the bonds of that series and otherwise may mature in such amounts during each fiscal year of the county as the governing body of the county shall determine, without regard to the limitations set forth in the amendment to the Constitution known as Section 49-3.00; provided, that the maturities of each series of bonds issued under this amendment shall be arranged so that the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and also all other bonds theretofore issued by the county and then outstanding that are payable out of or secured by a pledge of the special tax, shall not exceed the amount of the proceeds collected from the special tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued under this amendment shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in section 224 of the Constitution.
The governing body of the county shall comply with the provisions of the state of Alabama competitive bid law (section 41-16-20, et seq., Code of Alabama of 1975), to the extent such law is applicable.
Section E. So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of the county shall continue the levy of the special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities; provided, that the total rate of the special tax that may be levied and collected for payment of the said bonds and all other bonds payable out of or secured by a pledge of the special tax shall not exceed the rate at which the county may levy the special tax as fixed under the amendment to the Constitution known as Section 49-3.08, except to the extent that the said rate may be increased pursuant to provisions of this Constitution hereafter adopted. Such rate shall not be subject to adjustment pursuant to the provisions of the amendment to the Constitution known as Section 49-10.40.
Section F. This amendment is not intended to ratify or validate any contractual arrangements heretofore or hereafter entered into with respect to the sale of any bonds issued and sold hereunder.
Section G. The provisions of this amendment shall be self-executing, and authorization from, or other action by, the legislature shall not be a prerequisite to the issuance of bonds hereunder or the levy of the special tax for payment thereof. (Amendment 463)
§49-3.10. Investment of Municipal and County Funds. (Amendment 500)
The terms "municipal funds" and "county funds" as used in this amendment shall include all general, special, permanent, trust and other funds, regardless of source or purpose, held or administered by Mobile county, any city or town in Mobile county, or by any officer or agency thereof.
In addition to any investments or obligations provided for by general law, any municipal or county funds not needed for other purposes may be invested in the procurement of secured repurchase agreements, secured commercial paper and secured banker's acceptance, invested overnight and invested in higher yield rates of return for more flexible maturities. (Amendment 500)
§49-3.11. Bond Issues for Land and Capital Improvements. (Amendment 770)
In addition to all other bonds authorized under the amendment to the Constitution known as Section 49-3.00, as previously amended, and as it may hereafter be amended, Mobile County may at any time and from time to time issue its bonds for the acquisition and improvement of land and for acquisition, construction, installation, and equipping, or any of them, of capital improvements in said county. Such capital improvements may include any type of capital projects the acquisition, improvement, construction, installation, and equipping of which is within the powers of the county. Provided, that any bonds may be issued hereunder only after a majority of the qualified electors of said county voting at an election called for that purpose by the governing body of said county shall have voted in favor of the issuance of such bonds. Each such election shall be called, held, conducted, and canvassed, and notice thereof shall be given, in the manner provided by the general laws of Alabama respecting elections on the issue of bonds by counties, as such laws may exist at the time such election is called; provided, that prior to the holding of any election hereunder, the governing body of Mobile County shall cause to be prepared engineering maps, plans and reports respecting the proposed work on any capital improvements and shall adopt a resolution containing a brief description, including the name if any, of each proposed item of construction or improvement, a statement of the location and, as to any road project, the length, of each such item and of the estimated cost thereof, and a statement of the total amount of the bonds proposed to be issued for all work of construction or improvement described in said resolution, and shall cause said resolution to be published in a newspaper published in the county one time not less than thirty days before such election. Any number of items of construction or improvement may be described in one resolution; and the question of the issuance of bonds and the levy and collection of said tax with respect to all of the work described in each resolution shall be submitted to the voters in one single proposition at any election held hereunder. Any number of such resolutions may be adopted on the same day, and any number of propositions may be submitted to the voters on the same day. The adoption of any such resolution prior to the ratification of this amendment, and the submission of any one or more propositions for approval by the voters of the county on the same day on which this amendment is presented for ratification, is hereby ratified and approved.
The bonds issued hereunder shall be general obligations of Mobile County secured by a pledge of its full faith and credit, and in addition thereto, the governing body of said county shall in the proceedings providing for the issuance of such bonds specially pledge for payment of the principal thereof and the interest thereon, so much of the special tax authorized by Section 49-3.00, as such amendment has been amended from time to time, as may be necessary to pay said principal and interest at their respective maturities. Each such pledge of the special tax made for the benefit of the bonds issued hereunder shall be on a parity with all valid pledges of said special tax theretofore or thereafter made for the benefit of bonds issued hereunder or under any other constitutional amendment, to such extent as shall not impair the obligations of any then existing valid pledges. Except as herein otherwise provided, all bonds issued hereunder shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama respecting the sale, execution, issuance, and redemption of bonds by counties, as such laws may exist at the time of the delivery of such bonds.
Bonds may be issued under this amendment in one or more series and may be sold at either public or private sale in such manner, at such price or prices and at such time or times as may be determined by the governing body of the county to be most advantageous. The principal of each series of bonds issued under this amendment shall mature not later than thirty (30) years after the date of the bonds of that series and otherwise may mature in such amounts during each fiscal year without regard to the limitations set forth in the amendment to the Constitution known as Section 49-3.00; provided, that the maturities of each series of bonds issued under this Amendment shall be arranged so that the aggregate amount of principal and interest that will mature in any one fiscal year with respect to that series of bonds, and also all other bonds theretofore issued by the county and then outstanding that are payable out of or secured by a pledge of the aforesaid special tax, shall not exceed the amount of the proceeds collected from the special tax during the then next preceding tax year. Except as herein otherwise provided, all bonds issued under this amendment shall be issued in accordance with, and shall be subject to, the provisions of the general laws of the state existing at the time of the issuance of such bonds respecting the sale, execution, issuance and redemption of bonds by counties. The indebtedness evidenced by the bonds issued under this amendment or under any other amendment to the Constitution which are payable out of or are secured by a pledge of the special tax shall be in addition to and shall not be charged against the limitation on the indebtedness of the county provided for in Section 224 of the Constitution.
The total principal amount of bonds at any time issued hereunder, when added to the principal amount of all then outstanding bonds theretofore issued hereunder and of all the outstanding bonds theretofore issued under any other constitutional amendment that are payable from or secured by the said special tax, shall not exceed six and one-half per centum (6 1/2%) of the assessed valuation of the taxable property situated in said county, as assessed for state taxation for the then preceding state tax year. The limitation of six and one-half per centum (6 1/2%) of the assessed value of taxable property in the county, hereinabove provided for, is applicable only to the amount of bonds that may be outstanding immediately following the delivery of each series of bonds issued hereunder and shall not restrict the total amount of bonds that may be from time to time issued hereunder.
So long as the principal of or interest on any of the bonds issued under this amendment remains unpaid, the governing body of the county shall continue the levy of the aforesaid special tax at such rate as may be sufficient to pay the said principal and interest at their respective maturities; provided, that the total rate of said special tax that may be levied and collected for payment of the said bonds and all other bonds payable out of or secured by a pledge of said special tax shall not exceed the rate at which the county may levy the special tax as fixed under the amendment to the Constitution known as Section 49-3.08, except to the extent that the said rate may be increased pursuant to provisions of this Constitution hereafter adopted.
The provisions of this amendment shall be self-executing, and the enactment of local legislation shall not be a prerequisite to the taking of any action hereunder by the said county and its governing body; and no local legislation at any time adopted with respect to this amendment shall be effective, and all such local legislation is hereby repealed. (Amendment 770)[1]
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