Code of Alabama - Title 45: Local Laws - Section 45-11-245.10 - Authorizing resolution; termination of levy of taxes

Section 45-11-245.10 - Authorizing resolution; termination of levy of taxes.

(a) If the governing body of the county elects to levy and impose the taxes authorized by this part, it shall adopt an authorizing resolution levying and imposing such taxes. Such authorizing resolution shall be retroactive and curative as provided in Section 45-11-245.11, and the adoption of such authorizing resolution shall authorize and confirm the levy, imposition, and continuation of such taxes from August 1, 2014, until such levy and imposition is terminated in accordance with the terms and conditions of this section; provided, however, that a credit shall be allowed against the payment of such taxes as provided in Section 45-11-245.12. Such authorizing resolution may provide such other terms or provisions relating to the levy, collection, administration, and enforcement of such taxes as are not contrary to or inconsistent with the provisions of this part.

(b) The governing body of the county may, at any time and from time to time after the levy of any of the taxes herein authorized, but subject to succeeding provisions of this section, and subject to constitutional limitations on the impairment of contracts, terminate any of the taxes herein authorized to be levied by it.

(c) No tax levied hereunder may be terminated by the county, as authorized in the preceding provisions of this section, if there are at the time outstanding and unpaid any bonds, warrants, notes, or other securities or obligations issued by either the county or any public hospital corporation, and which by their terms are payable, in whole or in part, out of, or secured by a pledge of, any revenues or proceeds from any of such taxes.

(d) The governing body of the county shall adopt a resolution terminating any tax levied pursuant to this part no later than four years from the date all bonds, warrants, notes, or other securities or obligations issued by either the county or any other public body, and which by their terms are payable, in whole or in part, out of, or secured by a pledge of, any revenues or proceeds from any of such taxes, shall have been fully paid and retired. It is expressly understood that the governing body of the county may continue any such taxes for a period of up to four years after the payment in full of any such indebtedness to provide funds for the continued maintenance and operation of the hospital facilities to be constructed from the proceeds of any such taxes.

(e) In the event that any or all such taxes are so terminated, any proceeds thereof that are at the time on deposit with the county or a public hospital corporation designated as its agent under Section 45-11-245.09 hereof, or that are thereafter received, shall be held by the county or such public hospital corporation and expended only for purposes for which the taxes were herein authorized to be levied.

(Act 2019-92, §11.)

Last modified: May 3, 2021