Title 52. Morgan County, Local Provisions, Alabama Constitution

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Alabama Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIII
Local Provisions


Chapter 1

Chapter 1. Miscellaneous Provisions

RESERVED[1]

Chapter 2

Chapter 2. Courts

Article 1. Court Costs

§52-2.00. Compensation of Certain Officials. (Amendment 44)

The legislature of Alabama may hereafter, from time to time by general or local laws, fix, regulate and alter the costs and charges of courts, fees, commissions, allowances and salaries to be charged or received by any county officer of Morgan county, including, without limiting the generality of the foregoing, the judge of probate, tax collector, tax assessor, sheriff, circuit clerk, and register, including the method and basis of compensation of such officer, and may provide for the placing of any such officer on a salary and that the fees, costs, and allowances collected by such officer be paid into the county treasury. All acts of the regular or adjourned session of the legislature of Alabama which convened in January, 1939, fixing or purporting to fix the compensation of any such officer on a salary basis are hereby validated and confirmed. (Amendment 44)[1]

Chapter 3

Chapter 3. County Government, Finance, and Operations

Article 1. Finance

§52-3.00. Bond Issues for Jail. (Amendment 36)

Morgan county may become indebted and may issue bonds therefor in an amount not exceeding $115,000.00 in addition to that now authorized, for the acquiring and paying for additional real property adjoining that where the court house and jail now set and constructing and equipping a jail building in said county. To pay said indebtedness and interest thereon, Morgan county may levy and collect an annual tax on all property situated therein at a rate not in excess of one mill. The indebtedness, the bonds and the tax authorized hereby shall be in addition to those authorized prior to the adoption of this amendment. But no such additional indebtedness shall be incurred, no such bonds shall be issued and no such tax shall be levied until the estimated cost of acquiring and paying for additional real property adjoining that where the court house and jail now set and the cost of the construction and equipping of said jail building in said county hereby proposed to be built, its time of completion, the amount of the increased indebtedness, the rate of interest to be paid thereon and the period over which the bonds to be issued will be refunded, shall have been determined upon and made public by the county governing body of said county; and the proposed increase in indebtedness and the issuance of bonds and the increase in rate of taxation first shall have been authorized by a majority of the qualified electors of said county voting upon such proposal at an election to be called by said county governing body for said purpose to be held not less than sixty nor more than ninety days after the adoption of this amendment. (Amendment 36)[1]

Chapter 4

Chapter 4. Economic and Industrial Development

Article 1. Economic Development

§52-4.00. Morgan County and the Cities of Hartselle and Decatur. (Amendment 303)

For the promotion of local industrial, commercial or agricultural development, Morgan county and the city of Hartselle and the city of Decatur shall each separately or any two or more of them jointly have full and continuing power (a) to purchase, construct, lease and otherwise acquire industrial, commercial and agricultural projects or sites, including real and personal property, plants, buildings, factories, works, facilities, machinery and equipment of any kind whatsoever; (b) to lease, sell, exchange or otherwise convey all or any part of any such project or site to any person, firm or corporation; (c) after an approving election as hereinafter provided, if required, to sell and issue for such purposes interest-bearing general obligation bonds. Neither the county nor the cities shall issue any bonds under the authority of this amendment, other than bonds issued to finance the acquisition or development of industrial sites, such development to include the extension and installation of streets and roadways and utility services, unless the question of the issuance of such bonds has first been submitted to the qualified electors of the county or the cities, as the case may be, and approved at such election by a majority of the qualified electors voting thereat. Each such election shall be called, held and conducted, and may be contested, in the manner provided by law for county or municipal bond elections, as the case may be. Bonds issued under the authority of this amendment shall not be considered indebtedness of the county or the cities, as the case may be, within the meaning of sections 224 and 225 of the Constitution of Alabama, but neither the county nor the cities shall at any time issue any bonds under the authority of this amendment if as a result thereof it will have outstanding an aggregate principal amount of bonds issued hereunder in excess of twenty percent of an assessed value of the property in the county or the cities, as the case may be. Neither shall the county or the cities issue any bonds under the authority of this amendment, except bonds issued to finance the acquisition or development of industrial sites, such development to include the extension and installation of streets and roadways and utility services, unless prior thereto or contemporaneously therewith the county or the cities, as the case may be, has entered into a lease or other similar agreement, with respect to the project being financed by such bonds, providing for the payment to the county or the cities, as the case may be, of net rentals sufficient to pay the principal of and the interest on such bonds at the respective maturities of such principal and interest, and any bonds issued hereunder shall be secured by a pledge of such rentals and may be secured by a foreclosable mortgage on such project and by a pledge of any other taxes and revenues which the county or the cities, as the case may be, is authorized by law to pledge to the payment of its bonded indebtedness. All bonds issued under the authority of this amendment shall be sold at public sale in the manner required by law for the sale of county or municipal bonds, as the case may be, and shall mature and be payable in annual or semiannual installments in such amounts and at such times as to result in the aggregate amount of principal and interest maturing thereon in each year following the year of their issuance being substantially equal, but shall not be subject to any other provisions of law relating to maturities of county or municipal bonds. In the event that any such action is necessary to prevent or cure a default in payment of the principal of or the interest on any bonds issued under the authority of this amendment, the county or the cities, as the case may be, is authorized to levy and collect ad valorem taxes, without limitation as to rate or amount, on the assessed value of all taxable property in the county or the cities, as the case may be, but only so long as and only to such extent as necessary to prevent or cure any such default.

In carrying out the purposes of this amendment, neither Morgan county nor the city of Hartselle nor the city of Decatur shall be subject to the provisions of section 93 of the Constitution of Alabama, and the taxes which the county and the cities are hereinabove authorized to levy and collect are in addition to all other taxes which the county and the cities are authorized to levy and collect. This amendment shall be self-executing, but notwithstanding any contrary provisions of section 104 of the Constitution of Alabama, the legislature shall have the power, by general, special or local act, to enact laws supplemental hereto or in furtherance of the purposes hereof. (Amendment 303)

§52-4.01. Promotion of Economic and Industrial Development in Certain Counties. (Amendment 429)

For the promotion of local economic and industrial development, the governing body of Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa counties and of each municipality situated in said counties, other provisions of law or this Constitution notwithstanding, shall each have, independently or in cooperation with one or more of such governmental entities in such counties, full and continuing power (a) to purchase, lease or otherwise acquire, land, or to utilize land heretofore purchased or otherwise acquired, and to improve and develop such land for use as industrial site, or 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 said projects, and (b) to lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county, or of municipality exercising such power, all, or any part of, any such project to any person, firm or corporation, public or private, including to any industrial development board or authority heretofore or hereafter created by any such county or municipality therein, for the purpose of the constructing, or developing thereon, by such purchaser or lessees, and the equipping and operating of, industrial, transportation, distribution, warehouse or research facilities, and of office and other facilities auxiliary to the foregoing. Nothing herein shall authorize the counties named, or any municipality there, to construct residential or any other buildings for the purpose of lease or sale.

In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state.

The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation.

This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature.

Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless:

(a) The price be approved at a public meeting of the governing body of such county or municipality; and
(b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and
(c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county's or municipality's prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses. (Amendment 429)

[Note: Amendment 759 is identical to Amendment 429. except for the addition of Baldwin County. For the text of Amendment 759, see §2-4.01.][1]

Chapter 5

Chapter 5. Education

Article 1. Board of Education

§52-5.00. Filling of Vacancies. (Amendment 577)

The Legislature may, by local act, provide for the manner of filling vacancies on the Morgan County Board of Education. (Amendment 577)[1]

Chapter 6

Chapter 6. Health and Environment

RESERVED[1]

Chapter 7

Chapter 7. Gaming

Article 1. Bingo

§52-7.00. Operation of Bingo by Nonprofits. (Amendment 599)

charitable, educational, or other lawful purposes shall be legal only within the boundaries of the Cities of Hartselle and Falkville and that area of the City of Decatur located within the boundaries of Morgan County, subject to any resolution or ordinance by the governing bodies of the respective cities and towns, within their respective jurisdictions. The governing bodies may promulgate rules and regulations for the licensing and operation of bingo games, within their respective jurisdictions. The governing bodies shall insure compliance pursuant to any ordinance and the following:

(1) No person under the age of 19 years shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 years be permitted to conduct or assist in the operation of any game of bingo.
(2) No bingo license shall be issued to any nonprofit organization, unless the organization shall have been in existence for at least three years in the county immediately prior to the issuance of the permit or license.
(3) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises are leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games.
(4) No nonprofit organization shall enter into any contract with any individual, firm, association, or corporation to have the individual or entity operate bingo games or concessions on behalf of the nonprofit organization. No nonprofit organization shall pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game.
(5) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which the nonprofit organization is not directly and solely operating the bingo game.
(6) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed the cash amount or gifts of equivalent value set by the Legislature during any bingo session during any calendar week.
(7) No person or organization, by whatever name or composition thereof, shall take any expense for the operation of a bingo game except as permitted by law.

(b) The Legislature may, by local legislation, provide for the implementation of this amendment, including, but not limited to, the imposition of criminal penalties for violations of this amendment or the local legislation.

(c) The Legislature, may by local law, provide for the operation of bingo games for prizes or money by nonprofit organizations for charitable, educational, or other lawful purposes within any other city located within the boundaries of Morgan County pursuant to subsection (a) of Section 1 of this constitutional amendment. (Amendment 599)[1]

Chapter 8

Chapter 8. Officials and Employees

Article 1. Constable

§52-8.00. Office of Constable Abolished. (Amendment 368)

The office of constable in Morgan county is hereby abolished. This amendment shall not be adopted unless a majority of the qualified electors of Morgan county who participate in the election held on the adoption of this amendment vote in favor thereof. (Amendment 368)

Article 2. Retirement

§52-8.20. Phase-out of Supernumerary Program; Participation in RSA. (Amendments 592 and 734)

No elected or appointed Morgan County official, including the sheriff, may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Morgan County official, including the sheriff, 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. Morgan County officials holding office at the time of the ratification of this amendment, or any amendment thereto, 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 county official, but shall not include a judge, district attorney, legislator, constable, school board member, or any official elected from a judicial circuit. (Amendments 592 and 734)

Article 3. Compensation

§52-8.40. Sheriff. (Amendment 946)

Effective beginning the next term of office of the Sheriff of Morgan County after the ratification of this amendment, the sheriff shall receive an annual salary equal to five thousand dollars ($5,000) less than the annual salary of the chair of the Morgan County Commission. After that date, any allowances or other amounts received by the sheriff for feeding prisoners shall be deposited in a separate account in the county treasury and used by the sheriff only for the feeding of prisoners in the county jail. The sheriff shall account for any shortfall of funds in the food account using any discretionary or appropriated funds of the office. The sheriff shall not be subject to the competitive bid law for the purchase of food or supplies used for feeding prisoners in the county jail. (Amendment 946)[1]

Chapter 9

Chapter 9. Public Safety

Article 1. Sheriff

§52-9.00. Sheriff’s Reserve Funding. (Amendment 457)

The Morgan county commission is authorized to grant money to the Morgan county sheriff's reserve. Any purchases with said monies [moneys] in the Morgan county sheriff's reserve shall be the property of the Morgan county sheriff's office. (Amendment 457)

§52-9.01. Sheriff’s Posse Funding. (Amendment 502)

The county commission of Morgan county is hereby authorized to grant moneys to the Morgan county sheriff's posse. Any purchases with said moneys by the Morgan county sheriff's posse shall be the property of the Morgan county sheriff's office. (Amendment 502)[1]

Chapter 10

Chapter 10. Taxation

Article 1. Miscellaneous Provisions

§52-10.00. Consolidation of Offices. (Amendment 330)

The legislature may from time to time, by general or local law, provide for the transfer of the duties, or part of the duties, of one county officer of Morgan county to another officer of such county; or consolidate any two or more offices of such county into one county office and provide for the abolition of the office or offices left without duties, or create a completely new office in such county and transfer to such office a part of the duties of each of several other offices without abolishing any office in such county; provided that the officer or officers to fill the offices involved will be compensated for the performance of the duties of their offices by a salary fixed according to law. (Amendment 330)

§52-10.01. Mallard-Fox Creek Project. (Amendment 484)

In Morgan county, if the tax or the continuation of an expiring tax for specified purposes or for purposes other than originally levied, not exceeding one and one-half (1 1/2 ) mills on each dollar of taxable property in the county, by vote of a majority of the affected qualified electors of the county who participate in any election called for that purpose, the governing body of Morgan county shall continue for other than the original purposes, or levy and collect in addition to any and all other taxes authorized by law said ad valorem taxes until the Mallard-Fox creek project bond issue is repaid, for 25 years or whichever first occurs. An election shall be called by the county governing body as they deem necessary and such election shall be conducted in the manner which said governing body prescribes; provided, however, a public hearing with notice shall first be called on the subject at which a majority of the members of the county commission approve a resolution therefor.

The provisions of this amendment shall be construed in pari materia with any and all other amendments relating to Morgan county and ad valorem taxation. (Amendment 484)

§52-10.02. Occupational Tax Prohibited. (Amendment 842)

(a) No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Morgan County.

(b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Morgan County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975. (Amendment 842)

Article 2. Schools

§52-10.20. Special Tax for Educational Purposes in Cities of Decatur and Cullman and for Hospital Purposes in Morgan County. (Amendment 52)

A. Notwithstanding the proviso to the contrary in section 269 of this Constitution, the special tax for educational purposes provided for by that section may be levied and collected upon taxable property situated in the city of Decatur (formerly the cities of Decatur and New Decatur). Upon the adoption of this amendment the governing body of Morgan county shall order an election at which the qualified electors of the city of Decatur shall determine whether or not such special tax shall be levied and collected on taxable property in said city. Said election shall be held and determined as now provided by law for determining whether or not the special one mill county school tax shall be levied, and if a majority of the electors participating in said election vote in favor of said levy, said special tax shall be levied upon the taxable property in the city of Decatur during the tax years commencing with the tax year beginning next after said election and ending with the tax year beginning on October 1, 1967, and thereafter said special tax may be levied and collected as is now or hereafter may be provided by law.

B. Morgan county may levy and collect a tax upon all taxable property situated therein at a rate not in excess of ten cents on each one hundred dollars of taxable property, which tax shall be used exclusively for the construction, equipping, enlargement, acquisition, repair, or operation of public hospital properties situated in said county owned or proposed to be acquired in said county by the city of Decatur and Morgan county. Said tax shall be in addition to all other taxes now authorized by law, but shall not be levied until it shall have been authorized by a majority of the qualified electors of such county voting at an election called by the governing body of said county at which there shall be submitted to a vote the rate of such tax, the time it is to continue, and the purpose or purposes thereof. Such elections may be called and had from time to time, and shall be had, governed and determined under such rules and regulations as the governing body of said county may prescribe. Said tax may be pledged by the governing body of said county to secure payment of any debt incurred by said county or by any public corporation for hospital purposes in said county.

C. Notwithstanding the proviso to the contrary in section 269 of this Constitution, the special tax for educational purposes provided for by that section may be levied upon taxable property situated in the city of Cullman. (Amendment 52)

§52-10.21. Additional Taxes for Public School Purposes. (Amendment 106)

Each school district in Morgan county, shall have power to levy and collect additional taxes on the taxable property located in the district of not to exceed $.55 per $100 worth of taxable property located in the district for public school purposes; provided, that the total of special county and school district taxes levied in the district for public school purposes under section 260 of this Constitution and all amendments to this Constitution including the present amendment shall not exceed a rate of $1.25 per $100 worth of taxable property located in the district, except that in determining whether the said rate of $1.25 per $100 will be exceeded there shall be excluded from such calculation taxes levied and collected under the authority of any amendment to this Constitution wherein it is stated that the adoption thereof will not affect the power, right or authority to levy special school taxes; provided further, that the adoption of this amendment shall in nowise limit, modify, abridge, or impair the power, authority or right of counties, municipalities, or school districts to levy and collect special school taxes or taxes of any kind for schools or school purposes vested in and conferred upon them, or any of them, by this Constitution, any amendment thereto, or any provisions of state law, or to make appropriations for schools or school purposes.

A school district within the meaning of this amendment shall include school districts which consist of incorporated cities or towns, or any school district of which an incorporated city or town is a part or such other school districts now existing or hereafter formed as may be approved by the county board of education.

The rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of those voting at such election.

The funds derived from the tax levied in any school district under this amendment shall be expended for the exclusive benefit of the district. (Amendment 106)

§52-10.22. Levy of Ad Valorem Tax for Board of Education. (Amendment 573)

(a) In lieu of the ad valorem taxes otherwise authorized by Section 269 and Sections 269.01 through 269.03, and enabling statutory provisions thereto, the Morgan County Commission may levy annually, commencing with the tax year beginning October 1, 1995, an ad valorem tax on all taxable property located in Morgan County, Alabama at a rate of 5.8 mill per dollar assessed value of the property, the proceeds of which shall be distributed to the Board of Education of Morgan County in proportions as the proceeds would be distributable if the taxes were levied under the authority of Section 269 and Sections 269.01 through 269.03 and enabling statutory provisions relating thereto.

(b) The authority conferred by this constitutional amendment shall be self-executing in the event this amendment is duly adopted and ratified at the election required by the act which this amendment is proposed. (Amendment 573)

§52-10.23. Levy of Ad Valorem Tax Outside Cities of Decatur and Hartselle. (Amendment 576)

(a) In addition to all other ad valorem taxes which the Morgan County Commission is authorized by law to levy for the benefit of the public schools within the jurisdiction of the Morgan County Board of Education, the Morgan County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 1995, an ad valorem tax on all taxable property in Morgan County located outside the corporate limits of the City of Decatur and the City of Hartselle, as those corporate limits exist on the first day of each ad valorem tax year, at a rate of four mills per dollar of assessed value of the taxable property, the proceeds of which shall be distributed to the Morgan County Board of Education.

(b) The authority conferred by this constitutional amendment shall be self-executing in the event this amendment is duly adopted and ratified at the election required by the act by which this amendment is proposed. (Amendment 576)

Article 3. Health

§52-10.40. Special Property Tax for General Health Purposes in Several Counties. (Amendment 311)

In addition to all taxes now, or hereafter authorized by the Constitution and laws of Alabama, the counties of Lawrence, Limestone and Morgan, in this state, each, shall have the power to levy and collect a special tax up to 3 mills on each dollar's worth of taxable property in the county, the proceeds of which shall be used exclusively for general health purposes; provided that such tax and the purpose or purposes thereof, and the times such taxes are proposed to be continued, shall have first been submitted to the vote of the qualified electors of each of such counties, and voted for by the majority of those voting at such elections in all three such counties. The special tax provided herein may be renewed from time to time, in the manner provided herein, for such periods of time as are necessary. If any proposal to levy the taxes is defeated in any election, subsequent elections thereon may be held at any time. The elections provided for herein shall be called, held, conducted, and governed otherwise in the manner provided for an election on the school district tax authorized in Sections 269.01 through 269.03 and by article 7, chapter 10, Title 52 of the Code of Alabama 1940; but the governing bodies of the counties of Lawrence, Limestone and Morgan shall each provide for paying the expense of the election in its county.

The county tax collector of each of such counties shall collect the tax in the same manner and under the same requirements and laws as the taxes of the state are collected, and he shall keep the proceeds of this tax separate and apart from all other funds, and shall keep clear accounts thereof. The tax collector shall distribute the proceeds of this special tax in the manner prescribed by the governing body of the county and the revenue derived from the tax levied hereunder shall be used for general health purposes in the county where levied or in cooperation with the other two counties named above. (Amendment 311)

Article 4. Public Buildings

§52-10.60. Special Tax for Library Purposes. (Amendment 318)

The court of county commissioners, board of revenue or like governing body of Morgan county shall have the 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 not exceeding 5 mills on each dollar's worth of taxable property in the county as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for purposes of library service; provided that such tax and the purpose or purposes thereof, and the time such tax is proposed to be continued, shall have been first submitted to the vote of the qualified electors of the county and voted for by a majority of those voting at such election. Elections under this amendment shall be called, held and conducted in the same way as elections on special school district tax levies. (Amendment 318)[1]

Chapter 11

Chapter 11. Zoning, Planning, and Utilities

RESERVED[1]

See also

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External links

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Footnotes

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.