SB321
54067-2
By
Senator Byrne (Constitutional Amendment)
RFD:
Local Legislation No. 1
First
Read: 18-MAR-03
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ENROLLED,
An Act,
Proposing
an amendment to Amendment 429 to the
Constitution
of Alabama of 1901, to authorize Baldwin County
and
certain governmental entities within the county to have
certain
powers for the promotion of economic and industrial
development
in Baldwin County and the municipalities therein.
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
For
the promotion of local economic and industrial
development,
the governing body of Baldwin, 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,
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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
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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
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(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
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construction
of dormitories or other type housing on or off
university
or college campuses.
Section
2. An election upon the proposed amendment
shall
be held in accordance with Sections 284 and 285 of the
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 Baldwin County and certain
governmental
entities within the county to have certain powers
for
the promotion of economic and industrial development in
Baldwin
County and the municipalities therein.
"Proposed
by Act ________."
This
description shall be followed by the following
language:
"Yes
( ) No ( )."
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President
and Presiding Officer of the Senate
Speaker
of the House of Representatives
SB321
Senate
10-JUN-03
I
hereby certify that the within Act originated in and passed10 the Senate.
McDowell
Lee Secretary14
House
of Representatives Passed: 16-JUN-03
By:
Senator Byrne
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