Ala. Const. § 56-10.40 – Special Tax for County Facilities

(A) As used in this amendment, the following terms shall be given the following respective meanings:
“COUNTY” means Randolph county, Alabama.
“COUNTY FACILITIES” means (a) any land, building, equipment and any other facility or facilities necessary or useful in the housing, confinement, detention, feeding, treatment, rehabilitation and training of persons held in lawful custody, and (b) any land, building, equipment or other facility useful as a county courthouse building.
“COUNTY FACILITIES BUILDING FUND” means the county facilities building fund established herein for the purpose of receiving certain tax receipts required by the provisions hereof to be paid therein.
“EXISTING AD VALOREM TAX” means the two and one-half mill special ad valorem tax authorized to be levied by the county pursuant to section 215 of the Constitution.
“SECURITIES” means any bonds or warrants, including refunding bonds or warrants, issued by the county under the provisions of this amendment.
“SPECIAL AD VALOREM TAX” means the special county hospital ad valorem tax authorized to be levied by the county pursuant to Section 215.02.
“SPECIAL SALES TAX” means the special county privilege, license and excise taxes authorized and directed by this amendment to be levied by the county on those engaged in the business of selling tangible personal property at retail and conducting places of amusement in the county and paralleling the state sales and use taxes.
“SPECIAL TAXES” means the special ad valorem tax, the special sales tax, and the existing ad valorem tax.
(B) The county is hereby authorized and directed, within 60 days after the proclamation of the ratification of this amendment, to levy and collect, or provide for the collection of special privilege, license and excise taxes on those engaged in the business of selling tangible personal property and conducting places of amusement in the county at the rate of one-half of one percent (0.5%) of the gross receipts of the businesses made subject to the special sales tax, which tax shall, to the fullest extent possible, parallel the sales and use taxes levied by the state. All revenues derived by the county from the levy of the special sales tax, less the cost of collection of such revenues not to exceed 5% thereof to be paid to the department of revenue, shall be paid into the county facilities building fund. The county shall discontinue the levy of the special sales tax when all of the securities issued hereunder shall have been paid in full, or when the county shall have expended the sum of $1,500,000 out of the county facilities building fund to pay costs of county facilities, whichever shall last occur.
(C) The county is hereby authorized and directed (subject to prior pledges and agreements, if any) to pay, out of taxes collected each year, beginning with taxes collected with respect to the tax year that began October 1, 1982, one-half of the tax receipts derived from the levy of the special ad valorem tax into the county facilities building fund. The county shall discontinue paying such tax receipts into the county facilities building fund when all of the securities issued hereunder have been paid in full, or when the county shall have expended the sum of $1,500,000 out of the county facilities building fund to pay costs of county facilities, whichever shall last occur.
(D) The county is hereby authorized and directed (subject to prior pledges and agreements, if any) to pay four-tenths of the tax receipts derived by the county from the levy of the existing ad valorem tax into the county facilities building fund. The county shall discontinue paying such tax receipts into the county facilities building fund when all of the securities issued hereunder have been paid in full, or when the county shall have expended the sum of $1,500,000 out of the county facilities building fund to pay costs of county facilities, whichever shall last occur.
(E) The county is hereby authorized and directed to establish the county facilities building fund for the purpose of receiving the moneys required to be paid therein by the provisions hereof. Funds on deposit in the county facilities building fund shall be used to pay the costs of acquiring, providing, constructing and equipping new county facilities, renovating, reconstructing, improving, enlarging or equipping any existing county facilities or any combination thereof, up to an amount not exceeding $1,500,000, and to pay principal of and interest and premium, if any, on securities issued hereunder to finance county facilities.
(F) The county is hereby authorized to sell and issue from time to time its securities, not exceeding $1,500,000 in aggregate principal amount, for the purpose of acquiring, providing, constructing and equipping new county facilities, renovating, reconstructing, improving, enlarging or equipping any existing county facilities or any combination thereof and to pledge for payment of the securities the portions of the special taxes required to be paid into the county facilities building fund.
For the purpose of refunding any securities, including refunding securities issued under the provisions of this amendment, whether the refunding shall occur before, at or after the maturity of the securities refunded and for the purpose of paying all premiums and expenses of the refunding (including attorneys’ fees, costs of printing the refunding securities, fiscal agents’ fees, and accountants’ fees), the county is hereby authorized to sell and issue from time to time refunding securities in an aggregate principal amount not exceeding the sum of (a) the outstanding principal amount of the securities to be refunded, (b) the interest (accrued or to accrue) to the respective maturities of the securities to be refunded, or if the securities to be refunded are to be called for redemption, either on the earliest date on which under their terms they may be redeemed or some later date or dates, the interest (accrued or to accrue) on the securities to be refunded to the date or dates on which they are to be called for redemption, (c) the amount of any redemption premium required, by the terms of the securities, to be paid as a condition to their redemption prior to their respective maturities, and (d) the amount of any expenses (actual or estimated) of such refunding.
The securities issued hereunder may but need not be general obligations of the county, but shall be secured by the portions of the special taxes pledged for their payment in the proceedings of the county whereunder the securities are authorized to be issued and required to be paid into the county facilities building fund.
All securities issued under this amendment may be in such form and denominations and of such tenor and maturities, may bear interest at such rate or rates, payable at such time or times, not exceeding thirty (30) years from their date, may be sold at public or private sale and may contain such provisions not inconsistent with this amendment as shall be provided in the proceedings of the governing body of the county wherein such securities are authorized to be issued. The power to levy the special sales tax, to pay as required herein the portions of the special ad valorem tax and the existing ad valorem tax into the county facilities building fund and the power to issue the securities shall be in addition to all other powers which the county may have under this Constitution and the laws of Alabama. The indebtedness evidenced by the securities issued under this amendment 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.
(G) It is the intention hereof that the governing body of the county shall (a) levy the special sales tax, and (b) pay one-half of the revenues from the special ad valorem tax and four-tenths of the revenues from the existing ad valorem tax (subject only to prior pledges of either thereof) as shall together be sufficient to provide funds to pay costs of county facilities herein provided for, either directly or through payment of the principal of and interest (and premium, if any) on the securities authorized to be issued hereunder, all to the end that adequate county facilities will be available in the county. Proceeds of the special taxes that are not needed in any fiscal year to pay principal of and interest on securities issued hereunder or to refund securities shall be used to pay costs of constructing and maintaining the county facilities herein provided for, or to purchase and retire securities or call securities for redemption prior to the maturity thereof.
(H) The provisions of this amendment shall be self-executing, and authorization from or any other action by the legislature shall not be a prerequisite to the issuance of the securities hereunder or to the levy of the special taxes or the use of the proceeds of the special taxes as provided herein; provided, however, that the provisions of this amendment shall not become operative unless approved by a majority of the qualified electors of Randolph county who vote thereon at a referendum election held for such purpose upon the call of the Randolph county commission, and provided further, that if this amendment is approved by the qualified electors of Randolph county who vote thereon upon its submission, such election shall constitute a referendum held for such purpose and no further election need be called.
(I) It is hereby specifically declared that this amendment is not being proposed pursuant to Section 284.01, and provisions of Section 284.01 are hereby declared to be inapplicable.