HB319
66157-2
By
Representatives Starkey and Greer (Constitutional
Amendment)
RFD:
Local Legislation
First
Read: 10-FEB-04
Page
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ENROLLED,
An Act,
To
propose an amendment to the Constitution of
Alabama
of 1901, to authorize a county to perform certain
actions
for the purpose of economic and industrial development
in
the county.
BE
IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section
1. The following amendment to the
Constitution
of Alabama of 1901, as amended, is proposed and
shall
become valid as a part thereof when approved by a
majority
of the qualified electors voting thereon and in
accordance
with Sections 284, 285, and 287 of the Constitution
of
Alabama of 1901, as amended:
PROPOSED
AMENDMENT
(a)
The governing body of any county, and the
governing
body of any municipality located therein, for which
a
local constitutional amendment has not been adopted
authorizing
any of the following, shall have full and
continuing
power to do any of the following:
(1)
Use public funds to purchase, lease, or
otherwise
acquire real property, buildings, plants, factories,
facilities,
machinery, and equipment of any kind, or to
utilize
the properties heretofore purchased or otherwise
acquired,
and improve and develop the properties for use as
sites
for industry of any kind or as industrial park projects,
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including,
but not limited to, grading and the construction of
roads,
drainage, sewers, sewage and waste disposal systems,
parking
areas, and utilities to serve the sites or projects.
(2)
Lease, sell, grant, exchange, or otherwise
convey,
on terms approved by the governing body of the county
or
the municipality, as applicable, all or any part of any
real
property, buildings, plants, factories, facilities,
machinery,
and equipment of any kind or industrial park
project
to any individual, firm, corporation, or other
business
entity, public or private, including any industrial
development
board or other public corporation or authority
heretofore
or hereafter created by the county or the
municipality,
for the purpose of constructing, developing,
equipping,
and operating industrial, commercial, research, or
service
facilities of any kind.
(3)
Lend its credit to or grant public funds and
things
of value in aid of or to any individual, firm,
corporation,
or other business entity, public or private, for
the
purpose of promoting the economic and industrial
development
of the county or the municipality.
(4)
Become indebted and issue bonds, warrants which
may
be payable from funds to be realized in future years,
notes,
or other obligations, or evidences of indebtedness to a
principal
amount not exceeding 50 percent of the assessed
value
of taxable property therein as determined for state
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taxation,
in order to secure funds for the purchase,
construction,
lease, or acquisition of any of the property
described
in subdivision (1) or to be used in furtherance of
any
of the other powers or authorities granted in this
amendment.
The obligations or evidences of indebtedness may be
issued
upon the full faith and credit of the county or any
municipality
or may be limited as to the source of their
payment.
The
recital in any bonds, warrants, notes, or other
obligations
or evidences of indebtedness that they were issued
pursuant
to this amendment or that they were issued to provide
funds
to be used in furtherance of any power or authority
herein
authorized shall be conclusive, and no purchaser or
holder
thereof need inquire further. The bonds, warrants,
notes,
or other obligations or evidences of indebtedness
issued
hereunder shall not be considered an indebtedness of
the
county or any municipality for the purpose of determining
the
borrowing capacity of the county or municipality under
this
Constitution.
(b)
In carrying out the purpose of this amendment,
neither
the county nor any municipality located therein shall
be
subject to Section 93 or 94 of this Constitution. Each
public
corporation heretofore created by the county or by any
municipality
located therein, including specifically any
industrial
development board incorporated under Article 4 of
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Chapter
54 of Title 11 of the Code of Alabama 1975, and any
industrial
development authority incorporated or
reincorporated
under Chapter 92A of Title 11 of the Code of
Alabama
1975, and the Shoals Economic Development Authority
enacted
under Act No. 95-512, 1995 Regular Session, are
validated
and the powers granted to the board or authority
under
its respective enabling legislation are validated
notwithstanding
any other provision of law or of this
Constitution.
The powers granted by this amendment may be
exercised
as an alternative to, or cumulative with, and in no
way
restrictive of, powers otherwise granted by law to the
county,
or to any municipality, or to any agency, board, or
authority
created pursuant to the laws of this state.
(c)
Neither the county nor any municipality located
therein
shall lend its credit to or grant any public funds or
thing
of value to or in aid of any private entity under the
authority
of this amendment unless prior thereto both of the
following
are satisfied:
(1)
The action proposed to be taken by the county or
municipality
is approved at a public meeting of the governing
body
of the county or municipality, as the case may be, by a
resolution
containing a determination by the governing body
that
the expenditure of public funds for the purpose specified
will
serve a valid and sufficient public purpose,
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notwithstanding
any incidental benefit accruing to any private
entity
or entities.
(2)
At least seven days prior to the public meeting,
a
notice is published in the newspaper having the largest
circulation
in the county or municipality, as the case may be,
describing
in reasonable detail the action proposed to be
taken,
a description of the public benefits sought to be
achieved
by the action, and identifying each individual, firm,
corporation,
or other business entity to whom or for whose
benefit
the county or the municipality proposes to lend its
credit
or grant public funds or thing of value.
For
purposes of the foregoing, any sale, lease, or
other
disposition of property for a price equal to the fair
market
value thereof shall not constitute the lending of
credit
or a grant of public funds or thing of value in aid of
a
private entity.
Nothing
in this amendment shall authorize the county
commission
to own or operate a cable television system.
(d)
This amendment shall have prospective
application
only. Any local constitutional amendments
previously
adopted and any local law enacted pursuant to such
amendment
shall remain in full force and effect.
Section
2. An election upon the proposed amendment
shall
be held in accordance with Sections 284 and 285 of the
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Constitution
of Alabama of 1901, as amended, and the election
laws
of this state.
Section
3. The appropriate election official shall
assign
a ballot number for the proposed constitutional
amendment
on the election ballot and shall set forth the
following
description of the substance or subject matter of
the
proposed constitutional amendment:
"Proposing
an amendment to the Constitution of
Alabama
of 1901, to authorize a county commission of any
county
or any municipality therein to perform certain actions
for
the purpose of economic and industrial development in the
county.
"Proposed
by Act ________."
This
description shall be followed by the following
language:
"Yes
( ) No ( )."
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House
of Representatives8 I hereby certify that the within Act originated in9 and was
passed by the House 17-FEB-04.
Greg
Pappas
Senate
01-APR-04 Amended and Passed
Concurred
in Sen
House 06-APR-04 ate Amendment
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