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October 19, 2000     The Tuskegee News
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Amendments to the Constitution of Alabama PAGE 2 PUBLISHED Oct. 12, Oct. 19, Oct. 26 and Nov. 2, On the ballots to be used at the election, the question shall be substantially as follows: AMENDMENT NUMBER 8 Relating to Fayette County, proposing an amendment to authorize the County Commission to levy additional ad valorem tax for fire protection and rescue squads. Proposed by.. Act No, 2000-402 YES ( ) NO ( ) The language on the proposed amendment as taken directly from the act is set out hereinafter as follows: Rep. Thigpen SYNOPSIS: Under Amendment No. 373 to the Constitution of Alabama of 1901, counties and municipalities are authorized to levy ad valorem taxes for specific purposes. This bill would propose an amendment to the Constitution of Alabama of 1901, to require the County Commission of Fayette County to levy an additional ad valorem tax in the amount of 3 mills on each dollar of taxable property to be used for fire pro- tection and rescue squads in Fayette County. A BILL TO BE ENTITLED AN ACT Relating to Fayette County; proposing a constitutional amendment to require the County Commission of Fayette County to levy an additional ad valorem tax in the amount of 3 mills on each dollar of taxable property to be used for fire pro- tection and rescue squads in Fayette County. BE IT ENACTED BY THE LEG- ISLATLrRE OF ALABAMA: Section 1. The following amend- ment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all require- ments .0ftl~" act i are~ fulf'd~'e~!~ ' ii PROPOSED AMENDMENT (a) In addition to all other ad val- orem taxes levied, the Fayette County Commission shall levy on an annual basis, ." commencing with the tax year beginning October I, 2000, an ad valorem tax on all taxable property locat- ed in Fayette County at a rate of 3 mills per dollar of assessed value of the taxable property. All proceeds of the tax levied pur- suant to this amendment shall be paid into the Fayette County Volunteer Fire and Rescue Fund Account and distributed for firet protection and rescue squads in Fayette County. (b) Within 30 days of payment into the Fayette County Volunteer Fire and Rescue Fund Account, the county commission shall pay the funds to the Fayette County Fire Fighters Association. The county fire fighters associa- tion shall divide the funds equal- ly among all eligible volunteer fire departments and rescue squads, collectively, at each quar- terly meeting of the association. The county fire fighters associa- tion shall establish rules regard- ing the transfer, investing, accounting, and handling of the funds to include a written plan to reduce each fire department's ISO rating or to improve life sav- ing ability, or beth, before them new taxes are disbursed and spent according to the written plan to better serve the taxpayers and the fire departments. (c) Funds paid to eligible volun- teer fire departments or rescue squads shall only be expended for fire protection and rescue squads, including training, supplies, buildings, cap/tal improvements, and equipment. Funds shall be expended according to a written plan filed by each fire department or squad with the asseciation,to reduce ISO ratings or to help improve the department's or squad's life saving ability, or both. An eligible volunteer fire depart- ment shall mean a volunteer fire department located in Fayette County that is certified under the guidelines of the Alabama Forestry Commission..Eligible volunteer fire departments shall have at least an ISO class 9 rate ing. Volunteer fire departme~.ts and rescue squads shall be mem- bers in good standing of the Fayette County Fire Fighters Association. The funds may not be expended for salaries, food, social, or fund-raising activities, but may be used to furnish fluids or liquids to prevent heat depri- vatiort or replace bodily fluids. After receiving the funds, the eli- gible volunteer fire departments and rescue squads shall keep accurate records to verify that the funds were properly expended according to their written plan. By September 30 of each year, each eligible volunteer fire department shall fde a form with the county fire fighters associa- tion detailing the expenditures of all funds during the previous 12 months and setting out a sched- ule of all proposed projects• The filing shall also account for all unspent funds and whether the unspent funds have been obligat- ed. The county fire fighters asso- ciation may supply the account- ing forms to each eligible volun- teer fire department and rescue squad. (d) Upon dissolution or abandon- ment of any eligible volunteer fLre department, any remaining funds shall, after all indebtedness has been satisfied, be transferred to the county fire fighters associa- tion. (e) The personnel of eligible vol- unteer fire departments and res- cue squads shall not be consid- ered as employees, servants, or agents of the county and the members of the county commis- sion and the employees of the county shall not be liable in either their official capacity or in a pri- vate capacity for the actions of the personnel of eligible fire and rescue departments. Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, and the election laws of this state. Section 3. The appropriate elec- tion official shall assign a ballot number for the proposed constitu- tional amendment on the election t~n0t ~d.h~t .t forth the fol- lowing descriptlan of the sub- stance or subject matter of the proposed constitutional amend- ment: "Relating to Fayette County, proposing an amendment to the Constitution of Alabama of 1901, to require the county commission to levy an additional ad valorem tax for fire protection and rescue squads in Fayette County." Proposed by Act This description shall be followed by the following language: "Yes ( ) No ( )." I fm'ther direct and proclaim that notice of this election to be held on Tuesday, November 7, 2000, upon the above set forth proposed amendment to the Constitution of Alabama of 1901 of the State of Alabama, be given by publishing the same once a week for four suc- cessive weeks immediately pre- ceding Sunday, the 8th day of October, 2000, in a newspaper qualified to run legal notices in each county in the state. In every county in which no newspaper is publkhed, a copy of the notice shah be posted at each court- house and post office in such county. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State, at the Capitol, in the City of Montgomery, Alabama, on this the 31st day of Ju~ 2000. DON SIEGEI2~IAN GOVERNOR ATTESt. JIM BENNETT SECRETARY OF STATE WHEREAS, . the Alabama Legisla(~lre at its Regnlar Session of 2000 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama, set out herein as Act No. 2000-405; and further ordered that such election be held at the next statewide general election in accordance with Amendment 555 to the Constitution of Alabama of 1901; and WHEREAS, the next statewide general election will be and occur on Tuesday, November 7, 2000; and WHEREAS, notice of this elec- tion, together with this proposed amendment, is required by law and by the provisions of Act No. 2000-405 to be given by Proclamation of the Governor, which Proclamation shall be pub- lished once a week for four suc- cessive weeks immediately pre- ceding the day appointed for the election, in all newspapers quali- fied to run legal notices in the State of Alabama. NOW, THEREFORE, I, Don Siegelman, Governor of the State of Alabama by the power and authority vested in me as Governor, do hereby give notice, direct and proclaim that on Tuesday, November 7, 2000, an election will be held in the man- ner and form provided by law upon the following amendment to the Constitution of 1901 of the State of Alabama: On the ballots to be used at the election, the question shall be substantially as follows: AMENDMENT NUMBER 14 Relating to Winston County, proposing an amendment to authorize the County Commission to levy additional ad valorem tax for public roads and volunteer fire squads• Proposed by Act No. 2000-405 YES ( ) NO ( ) The language on the proposed amendment as taken directly from the act is set out hereinafter as follows: RER LETSON SYNOPSIS: Under existing law, counties may levy ad valorem taxes for specific purposes. This bill would propose an amendment to the Constitution of Alabama of 1901, to authorize the Winston County Commission to levy a three-mill ad valorem tax for the maintenance of public roads and for volunteer fire pro- tection. A BILL TO BE ENTITLED ANACT Proposing an amendment to the Constitution of Alabama of 1901, relating to Winston County, authorizing the Winston County Commission to levy an additional ad valorem tax for the mainte- nance of public roads and for vol- unteer fvre protection. BE IT ENACTED BY THE LEG- ISLATURE OF ALABAMA: Section 1. The following amend- ment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all require- ments of this act are fulfilled: PROPOSED AMENDMENT In addition to all other ad val- orem taxes levied, the Winston County Commission may levy on an annual basis, commencing with the tax year beginning October 1, 2000, an ad valorem tax on all taxable property locat- ed in Vfmston County at a rate of three mills per dollar of assessed value of the taxable property, the proceeds of which shall be paid into the county general fund to be used as follows: (1) Two and ons-haif mills shall be used for the maintenance of public roads in the county. (2) One-half mill shall be used for county volunteer fire depart- ments. Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, and the election laws of this stats. Section 3. The appropriate elec- tion official shall assign a ballot number for the proposed constitu- tional amendmen~ on the election ballot and shall set forth the fol- lowing description of the sub- stance or subject matter of the proposed constitutional amend- ment: "Proposing an amendment to the Constitution of Alabama of 1901, relating to Winston County, to authorize the Winston County Commission to levy a three-mill ad valorem tax for maintenance of public roads and for volunteer fire protection. "Proposed by Act This description shall be followed by the following language: "Yes ( ) No ( )." I further direct and proclaim that notice of this election to be held on Tuesday, November 7, 2000, upon the above set forth proposed amendment to the Constitution of Alabama of 1901 of the State of Alabama, be given by publishing the same once a week for four suc- cessive weeks immediately pre- ceding Sunday, the 8th day of October, 2000, in a newspaper qualified to run legal notices in each county in the state. In every county in which no newspaper is published, a copy of the notice shall be posted at each court- house and post office in such county. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Alabama to be affixed by the Secretary of State, at the Capitol, in the City of Montgomery, Alabama, on this the 31st day of July 2000. DON SIEGELMAN OOVERNOR ..... AI~I'E S'l':. JIM BENNETT SECRETARY OF STATE WHEREAS, the Alabama Legislature at its Regular Session of 2000 ordered an election to be held on a certain proposed amendment to the Constitution of Alabama, set out herein as ACt No. 2000-491; and further ordered that such election be held at the next statewide general election in accordance with Amendment 555 to the Constitution of Alabama of 1901; and WHEREAS, the next statewide general election will be and occur on Tuesday, November 7, 2000; and WHEREAS, notice of this elec- tion, together with this proposed amendment, is required by law and by the provisions of Act No. 2000-491 to be~ given by Proclamation of the Governor, which Proclamation shell be pub- lished once a week for four suc- cessive weeks immediately pre- ceding the day appointed for the election, in all newspapers quali- fied to run legal notices in the State of Alabama. NOW, THEREFORE, I, Don Siegelman, Governor of the State of Alabama by the power and authority vested ~ me as Governor, do hereby give notice, direct and proclaim that on Tuesday, November 7, 2000, an election will be held in the man- ner and form provided by .law upon the following amendment to the Constitution of 1901 of the State of Alabama: On the ballots to be used at the election, the question shall be substantially as follows: AMENDMENT NUMBER I Relating to a statewide proposed amendment to establish the County and Municipal Government Capital Improvement Trust Fund & Alabama Capital Improvement Trust Fund. Proposed byAct No. 2000-491 YES ( ) NO ( ) The language on the proposed amendment as taken directly from the act is set out hereinafter as follows: Rep. Knight SYNOPSIS: This bill would pro- pose an amendment to the Constitution of Alabama of 1901 to establish the County and Municipal Government Capital Improvement Trust Fund and the Alabama Capital Improvement Trust Fund to be administered in accordance with the provisions of this amendment; to redistribute a portion of the Oil and Gas Capital Payments now being paid into the Alabama Trust Fund under Amendment No. 450 to the Constitution of Alabama of 1901 to the funds created by this Amendment; to authorize the issuance of General Obligation Bonds in an aggregate principal amount not exceeding $350 mil- lion for the purpose of: (i) making substantial capital improvements to the state dock facilities at the Port of Mobile, (ii) promoting eco- nomic development and industri- al recruitment in this State, (iii) providing the local government match monies required to issue federal grant revenue bonds for road and bridge improvements and (iv) providing funds to munic- ipal governments for infrastruc- ture improvements; and to appro- priate monies in the Alabama Capital Improvement Trust Fund for the payment of debt service on General Obligation Bonds autho- rized by this amendment. A BILL TO BE ENTITLED AN ACT Proposing an amendment to the Constitution of Alabama of 1901 to establish the County and Municipal Government Capital Improvement Trust Fund and the Alabama Capital Improvement Trust Fund to be administered in accordance with the provisions of this amendment; to redistribute a portion of the Oil and Gas Capital Payments now being paid into the Alabama Trust Fund under Amendment No. 450 to. the Constitution of Alabama of 1901 to the funds created by this Amendment; to authorize the issuance of General Obligation Bonds in an aggregate principal amount not exceeding $350 mil- lion for the purpose of: (i) making substantial capital improvements to the state dock facilities at the Port of Mobile, (ii) promoting eco- nomic development and industri- al recruitment in this State, (iii) providing the local government match monies required to issue federal grant revenue bonds for road and bridge improvements and (iv) providing funds to munic- ipal governments for infrastruc- ture improvements; and to appro- priate monies in the Alabama Capital Improvement Trust Fund for the payment of debt service on General Obligation Bonds autho- rized by this amendment. BE IT ENACTED BY THE LEG- ISLATURE OF ALABAMA: Section 1. The following amend- ment 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 elec- tors voting thereon and in accor- dance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended: PROPOSEDAMENDMENT Section I. The Legislature finds that the capital improvements and technology required by many governmental programs could be more efficiently funded thro.-h the establishment of a special trust fund dedicated to funding such improvements. Additionally, municipal and county govern- meats require assistance in the funding of capital improvements. In order to meet these require- ments, it is necessary and pru- dent to redistribute a portion of the Oil and Gas Capital Payments now being paid into the Alabama Trust Fund under Amendment No. 450 to the Constitution of Alabama of 1901. Accordingly, this amendment establishes the County and Municipal Government Capital Improvement Fund and the Alabama Capital Improvement Trust Fund to be administered in accordance with the provisions of this amendment. Finally, the Legislature finds that it is r~eces- sary and desirable al obligations bonds poses of (i) making capital improvements to dock facilities at the Mobile, (ii) promoting development and recruitment in the state, viding local monies required to issue grant revenue bonds for bridge improvements providing funds to ernments for improvements• Section 11. As used in thi~ ment, the following phrases shall have the respective meanings: "Alabama irrevocable, fund created by 450 to the Alabama of 1901. "Alabama Capital Trust Fund" means one special trust funds amendment. "Capital ImprovementS' capital outlay include the planning, inspection, purchasing, tion, reconstruction, ment, repair or renovatio~ manent buildings, tures and sites therefor: executive, legislative or branches of state The term "Capital shall also mean the or improvement of bridges i~ the highway payment of debt bonded indebtedness the State of Alabama or lic corporation State of Alabama; nomic development and al recruitment activities; ! procurement of technical ment, including telecommunications required for the governmental entity• "County and Improvement Trust one of the special i ated ,by ~ amendment. ,~ ~0~,~ ~.~'~ • "Doc~t . Improvements" the acquisition, construction, expansion and the state docks facilitie~I ing, without handling facilities) at Mobile• "Docks Improvement means all costs and incurred in connection capital Improvements without limitation, (a) The costs of structing, installing ping Docks including all for labor and to contractors, builders rialmen. (b) The costs of ace rights in land and dental thereto, including ing fees. (c) The costs of and of insurance of all may be required or during the acquisition, tion or installation Improvements. (d) The engineering services, test borings, surveys, mental mitigation, construction and the respect to Docks (e) The costs of installing fLxtures ment, excavation, demolition of structureJ, visions for drainage, retention, installation and similar facilities, (fl to General Obligation period of up to two year~ issuance of such Obligation Bonds. (g) All costs, expenses incurred in connection issuance of General Bonds, tion, all legal, cial, printing, and other fees and (h) The costs for insurance, letters of other forms of credit ment or liquidity