Alabama § 45-42-243.30 - Financing Construction of Public Buildings.

§ 45-42-243.30. Financing Construction of Public Buildings.

(a) In order to provide funds for financing the cost of public buildings, the Limestone County Commission is hereby authorized by resolution to levy and provide for the assessment and collection of sales and use taxes, which shall be in addition to any and all other county taxes heretofore or hereafter authorized by law in such county. The sales or use tax levied pursuant to this section shall parallel, except for the rate of tax, the sales and use taxes imposed by the state under Title 40. Any sales or use tax levied pursuant to this section on any automotive vehicle, truck trailer, trailer, semi-trailer, or travel trailer required to be registered or licensed with the license commissioner, where not collected by a licensed Alabama dealer at time of sale, shall be collected and the collection fees shall be paid in accordance with Sections 40­23­104 and 40­23­107.

(b)(1) In order to provide funds for financing the cost of public buildings, the Limestone County Commission is hereby authorized by resolution to levy, in addition to all other taxes of every kind now imposed by law, special gross receipts taxes measured against the gross receipts of every person, firm, business, corporation, or legal entity of any kind using, purchasing, or consuming electricity or electric power within Limestone County, in an amount not to exceed two percent of the gross receipts on such electricity or electric power.

(2) If the Limestone County Commission levies a gross receipts tax pursuant to this subsection, then the City of Athens Utilities shall add the amount so levied not to exceed two percent to the gross charges, costs, or billings to all consumers of electricity within Limestone County, whether within or without incorporated areas, and shall remit the amount levied and collected to the Limestone County Commission not less than 30 days after receipt of payment.

(3) If the Limestone County Commission levies a gross receipts tax pursuant to this subsection, any consumer of electricity or electric power within Limestone County not charged by or through the City of Athens Utilities shall pay the amount levied not to exceed two percent directly to the Limestone County Commission within 30 days of payment of the costs, charges, or billings to the supplier of electricity or electric power and shall make such report or reports as shall be required by resolution of the Limestone County Commission.

(4) The tax on the gross receipts for electricity or electric power shall commence only upon adoption of resolution imposing same by the Limestone County Commission.

(c) The Limestone County Commission may by resolution levy the taxes specified in either subsection (a) or subsection (b), or both; provided however, that the taxes authorized in subsection (a) and subsection (b) shall not be levied so that both are in force and effect at the same time, and the levy of either of the taxes shall not preclude subsequent rescission of the levy by resolution and the subsequent levy of the other tax.

(d) The revenue and remittances to Limestone County pursuant to this section shall be deposited in one or more designated accounts to be used solely to pay and retire the bonds, warrants, or other debt instruments issued to finance the public buildings referred to in subsection (b) and any refunding bonds, warrants, or other debt instruments relating thereto. The bonds, warrants, or other debt instruments, including refunding bonds, warrants, or other debt instruments, shall be paid from revenues and remittances from the taxes levied by the Limestone County Commission pursuant to this section as soon as the funds are available and the payments legally permissible pursuant to the bond, warrant, or other debt instrument indentures or resolutions, and all taxes imposed pursuant to this section shall terminate upon payment in full of the bonds, warrants, or other debt instruments, including any refunding bonds, warrants, or other debt instruments.