SB344INTRODUCED
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AHV0S7-1
By Senator Allen (Constitutional Amendment)
RFD: Local Legislation
First Read: 23-May-23
2023 Regular Session
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5 AHV0S7-1 05/16/2023 FC (L)ma 2023-1780
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SYNOPSIS:
Existing law does not provide for the merger of
county and municipal governments. This bill would
propose an amendment to the Constitution of Alabama of
2022, relating to Tuscaloosa County, to authorize the
merger of the Tuscaloosa County government and the
municipal governments of the City of Tuscaloosa and the
City of Northport into an urban-county form of
government.
A BILL
TO BE ENTITLED
AN ACT
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to Tuscaloosa
County, to authorize a referendum on the merger of the county
government and the municipal governments of the City of
Tuscaloosa and the City of Northport into an urban-county form
of government.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed and shall become valid as a
part of the constitution when all requirements of this act are
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fulfilled:
PROPOSED AMENDMENT
(a) In order to facilitate the operation of local
government, to prevent duplication of services, and to promote
efficient and economical management of the affairs of local
government, the voters in Tuscaloosa County may merge county
government and the municipal governments of the City of
Tuscaloosa and the City of Northport into an urban-county form
of government.
(b) This amendment shall be applicable to merge
Tuscaloosa County government and the municipal governments of
the City of Tuscaloosa and the City of Northport. This
amendment shall not be effective unless approved by a majority
of those voting in the election on the amendment in the City
of Tuscaloosa and the City of Northport.
(c)(1) The Legislature, by local law, may provide
conditions for the merger of the Tuscaloosa County government
and the municipal governments of the City of Tuscaloosa and
the City of Northport into an urban-county form of government.
(2) An Advisory Council on Metro Government shall be
established to propose a charter for the Metro Government of
Tuscaloosa County, including the establishment of a Metro
Council of Tuscaloosa County. The advisory council shall be
appointed as follows:
a. The judge of probate shall appoint four members, who
shall be representative of Tuscaloosa County and its
diversity, to be approved by vote of the county commission.
b. The Mayor of the City of Tuscaloosa shall appoint
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four members, who shall be residents of the city and shall
reflect all sections of the city, to be approved by vote of
the city council.
c. The Mayor of the City of Northport shall appoint two
members, who shall reflect all sections of the city, to be
approved by vote of the city council.
(3) The advisory council shall elect a chair. The
advisory council shall hold regular public meetings. The time
and place of all meetings of the advisory council shall be
announced and advertised in a local newspaper. The advisory
council shall establish an office by vote of the advisory
council. All costs of the operations of the advisory council
shall be funded 50 percent by Tuscaloosa County, 40 percent by
the City of Tuscaloosa, and 10 percent by the City of
Northport.
(4) The advisory council shall submit a proposed
charter to the qualified electors in the area to which this
amendment applies at the general election in 2026. The charter
shall provide for the election of the Metro Council and for
the operation of the Metro Government subject to any
limitations in this amendment.
(d) The Metro Council shall exercise all powers
previously granted to the City of Tuscaloosa and the City of
Northport within the corporate limits of each respective
municipality and all powers previously granted to Tuscaloosa
County within the county until the time the Legislature by
general or local law shall amend, repeal, or expand the powers
including expansion outside of the political subdivision in
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which are currently applicable. In addition, any ordinance or
resolution of the county governing body, the municipal
governing body of the City of Tuscaloosa, or the municipal
governing body of the City of Northport shall continue to be
effective in the county or in each respective municipal
corporate limits and police jurisdiction where applicable
until the Legislature by general or local law affects the
power of the county or the municipality to adopt the ordinance
or resolutions, or otherwise authorizes or provides for the
expansion of the power of the Metro Council to make the
ordinance or resolution applicable to any area where the
ordinance or resolution is not currently applicable.
(e) Notwithstanding the foregoing, neither the
Legislature or the Metro Government Charter may authorize any
additional ad valorem tax except as otherwise authorized by
this constitution nor may any additional sales and use tax be
levied unless the sales and use tax is approved by a
referendum of the qualified electors in the area affected by
the tax.
(f) In addition, notwithstanding the other provision of
this amendment, any zoning in the unincorporated area of the
county prior to 2042 may only be authorized by local law to be
implemented by a zoning board elected by the qualified
electors of the area affected and the Legislature may not
otherwise expand the authority of the Metro Council to zone
any property outside of the corporate limits of the City of
Tuscaloosa or the City of Northport through a unified planning
and zoning board until the year 2043.
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(g) The election of the Metro Council shall be
nonpartisan. The elections shall be conducted in the same
manner as provided for municipal elections by general law,
unless otherwise specifically provided by local law.
(h) The Mayor of Metro Tuscaloosa County shall be
elected by the qualified electors of Tuscaloosa County. The
Metro Council shall be elected from single-member districts in
the county apportioned based on population. The mayor shall be
a full-time position and the council shall serve on a
part-time basis.
(i) The Tuscaloosa County Metro Government shall employ
a comptroller pursuant to civil service board rules. The
merger of all financial operations of any area to which this
amendment applies shall be effective January 1, 2028.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, spelling, and punctuation for purposes
of style and uniformity; correct manifest grammatical,
clerical, and typographical errors; and correct incorrect
cross-references.
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 284.01 of
the Constitution of Alabama of 2022, and the election laws of
this state.
Section 3. The appropriate election official shall
assign a ballot number for the proposed constitutional
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amendment on the election ballot and shall set forth the
following description of the substance or subject matter of
the proposed constitutional amendment:
"Relating to Tuscaloosa County, proposing an amendment
to the Constitution of Alabama of 2022, to allow Tuscaloosa
County, the City of Tuscaloosa, and the City of Northport to
merge into an urban-county form of government and to provide
the procedure for the merger and subsequent operations.
Proposed by Act ____."
This description shall be followed by the following
language:
"Yes( ) No( )."
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