HB490

ENROLLED, An Act,

Relating to Escambia County; to amend Sections 45-27-90 and 45-27-246.02 of the Code of Alabama 1975, relating to the Escambia County Industrial Development Authority; to further provide for certain non-voting ex officio members of the authority; and to provide that the portion of the net proceeds from the state oil and gas tax appropriated annually to the authority by the county would be carried over by the authority if not expended during the fiscal year.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 45-27-90, Code of Alabama 1975, is amended to read as follows:

§45-27-90.

"For the purpose of promoting industry and trade and to assist the county commission or other like governing bodies in Escambia County in their pursuits thereof, there is hereby created an Industrial Development Authority for Escambia County which shall be composed of 11 members as provided in this section. No member of the authority shall hold an elected office. All Except as otherwise provided in this section, all members of the authority shall be residents and qualified electors of Escambia County.

"(1) Five members of the authority shall be appointed by the Escambia County Commission. All appointments of successors to these five members shall be made by the Escambia County Commission, from a list submitted by the House of Representatives member whose district encompasses the majority of Escambia County. If such successors are not appointed within 90 days after the expiration of such the members' terms, the House of Representatives member whose district encompasses the majority of Escambia County shall appoint the successors, and all members shall serve until their successors are appointed. The members of the authority appointed by the Escambia County Commission or the House of Representatives member whose district encompasses the majority of Escambia County shall serve for terms of four years. Vacancies in the positions of these five members shall be filled in the same manner as the original five members are appointed, but any person appointed to fill a vacancy shall serve only for the unexpired portion of the term.

"(2) The governing bodies of Brewton and Atmore shall each appoint two members of the authority. The governing bodies of Flomaton and East Brewton shall each appoint one member of the authority. The members of the authority appointed by the governing bodies of Brewton, Atmore, Flomaton, and East Brewton shall serve for terms of three years. Successors to these six members shall be appointed in the same manner as the original six members are appointed, so long as the governing bodies financially support the Industrial Development Authority of Escambia County. All members shall serve until their successors are appointed. Vacancies in the positions of these six members shall be filled in the same manner as the original six members are appointed, but any person appointed to fill a vacancy shall serve only for the unexpired portion of the term. At the completion of any three-year term, or in the case of a vacancy, if a governing body has chosen not to financially support the Industrial Development Authority of Escambia County, its appointees shall be appointed in the same manner as those in subdivision (1).

"(3) The Escambia County Commission may authorize additional non-voting ex officio members who are not required to be residents or electors of the county to be appointed by an entity that requests to participate in the authority provided the entity contributes not less than ten thousand dollars ($10,000) each year for the operation of the authority.Section 2. Section 45-27-246.02 of the Code of Alabama 1975, is amended to read as follows:

§45-27-246.02.

"An amount equal to one-tenth of the net funds received by Escambia County pursuant to Sections 40-20-1 through 40-20-13, for the general fund of the county or one hundred thousand dollars ($100,000) of such the funds, whichever is the lesser, shall be appropriated by the Escambia County Commission from the county general fund to the Escambia County Industrial Development Authority, created by Article 9. Furthermore, the governing body of Escambia County is hereby authorized to may deposit directly into an account authorized by the Escambia County Industrial Development Authority on a monthly installment basis. The development authority shall have the authority to contact may contract with any municipality in Escambia County for services it deems appropriate out of the funds allocated by this section. Any such monies which are not expended by the authority by September 20, 1982, and each September 30 thereafter of each fiscal year, shall at the request of the Escambia County Commission be returned to the general fund of the county be carried over from year-to-year by the authority and remain available for expenditure by the authority."

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Escambia County

Economic Development

County Commissions

Counties

Code Amended