§22-3A-19. Certain public health facilities as primary obligation of authority; reimbursement to counties; refinancing or refunding of obligations.  


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  • (a) As its primary obligation under this chapter, the authority shall, subject to the provisions of subsection (c) of this section, expend the net proceeds derived from the sale of the bonds herein provided (other than refunding bonds), together with the income from the investment of such proceeds, for the purpose of paying the costs of acquiring, constructing, improving and equipping public health facilities in the following locations and in the following amounts:

    CountyMunicipality or LocalityTotal
    AutaugaPrattville$8,318
    BaldwinBay Minette556,649
    BaldwinFairhope619,694
    BaldwinFoley542,375
    BarbourClayton122,267
    BarbourEufaula559,930
    BibbCentreville739,481
    BlountOneonta383,936
    BullockUnion Springs549,960
    ButlerGreenville683,291
    CalhounAnniston2,000,000
    ChambersLaFayette531,844
    ChambersValley170,723
    CherokeeCentre280,797
    ChiltonClanton719,032
    ChoctawButler584,503
    ClarkeGrove Hill437,119
    ClayAshland562,645
    CleburneHeflin219,104
    CoffeeCoffee County1,189,787
    ColbertTuscumbia20,000
    ConecuhEvergreen335,723
    CoosaGoodwater186,217
    CoosaRockford545,097
    CovingtonAndalusia977,514
    CovingtonOpp106,809
    CrenshawLuverne19,960
    CullmanCullman31,931
    DaleOzark242,435
    DallasSelma2,169,166
    DeKalbFort Payne402,925
    ElmoreWetumpka206,787
    EscambiaAtmore162,494
    EscambiaBrewton220,209
    EtowahGadsden881,132
    FayetteFayette561,120
    FranklinRussellville832,534
    GenevaGeneva289,600
    GreeneEutaw243,561
    HaleGreensboro237,679
    HenryAbbeville265,452
    HenryHeadland118,223
    HoustonDothan 23,303
    JacksonScottsboro490,256
    JeffersonBessemer146,763
    JeffersonBirmingham634,334
    JeffersonEastern46,351
    JeffersonFar Eastern Health Center555,000
    JeffersonLeeds10,652
    JeffersonMorris276,050
    JeffersonNorthern33,801
    JeffersonWestern378,268
    LamarVernon314,739
    LauderdaleFlorence816,887
    LawrenceMoulton582,361
    LeeOpelika581,900
    LimestoneAthens156,549
    LowndesHayneville331,325
    MaconTuskegee256,838
    MadisonHuntsville1,601,875
    MadisonHuntsville-Calvary Hill344,871
    MadisonTriana66,820
    MarengoLinden569,706
    MarionHamilton743,586
    MarshallAlbertville454,107
    MarshallGuntersville794,541
    MobileMobile1,391,903
    MobileNorthern Part of County555,000
    MobileSouthern Part of County555,000
    MonroeMonroeville556,782
    MontgomeryMontgomery3,000,000
    MorganDecatur341,621
    PerryMarion657,398
    PerryUniontown9,532
    PickensCarrollton77,869
    PikeTroy729,479
    RandolphRoanoke414,345
    RandolphWedowee1,493
    RussellPhenix City553,394
    Saint ClairAshville98,664
    Saint ClairPell City580,664
    ShelbyColumbiana592,481
    ShelbyPelham551,363
    SumterLivingston548,371
    TalladegaChildersburg9,327
    TalladegaSylacauga129,015
    TalladegaTalladega243,186
    TallapoosaAlexander City607,137
    TallapoosaDadeville312,662
    TuscaloosaTuscaloosa337,852
    WalkerJasper242,655
    WashingtonChatom237,630
    WilcoxCamden213,911
    WinstonDouble Springs65,989
    WinstonHaleyville26,671

    (b) Any county commission in any county for which an allocation of bond proceeds is made in subsection (a) of this section may petition the authority (i) for reimbursement of capital expenditures for public health facilities incurred and paid by a board of health in such county or such county commission after January 1, 1989, or (ii) to refinance or refund any obligations incurred to finance capital expenditures for public health facilities incurred and paid by a board of health in such county or such county commission after January 1, 1989. Out of the total amount of bond proceeds allocated in subsection (a) of this section to any county in which such capital expenditures were incurred and paid, the authority shall reimburse such costs or provide for the refinancing or refunding of obligations incurred to pay such costs, in either case, in an amount not to exceed the total amount allocated to such county. Additionally the county commission to which any such reimbursement is made shall be entitled to use the funds so reimbursed for any capital expenditure permitted by law. It is further provided that any county commission receiving reimbursement under this subsection (b) may use said reimbursement to provide new public facilities and/or to improve existing public facilities.

    (c) To the extent consistent with the actual costs of public health facilities needed by the people in the counties, municipalities and localities identified in subsection (a) of this section, the authority, acting with the advice of the State Department of Health, shall expend, out of bond proceeds and income derived from the investment thereof, the amounts respectively allocated by said subsection (a) for public health facilities in such counties, municipalities and localities. The authority may allow such increases above the amounts specifically allocated as are necessary to provide and pay the full costs of such facilities, provided that such increases are approved by unanimous consent of all members of the authority. In the absence of an authority member, his vote may be cast in writing and submitted to the chairman prior to the meeting during which said vote is scheduled. Under no circumstances shall any amount allocated to any county and/or municipality or locality by said subsection (a) be reduced by more than five percent of such amount or $50,000.00, whichever is less, unless the following conditions shall be satisfied:

    (1) The board of directors of the authority, based on information and recommendations provided by the State Department of Health, shall have made findings in a resolution justifying the proposed reduction and the alternative expenditure that is to be made with the funds saved by such reduction;

    (2) At least 10 days before the first of the meetings referred to in subdivision (3) of this subsection, the chief health officer of the county affected by the proposed reduction and all members of the Senate and House of Representatives representing such county shall have been notified in writing of such proposed reduction, the findings justifying the same, and the date, time and place of the two meetings of the board of directors of the authority at which approval of such reduction will be considered; and

    (3) After having given the chief health officer, the Senators and Representatives, and other interested officials and citizens of the county affected by the proposed reduction an opportunity to oppose such reduction at each of the meetings required by this subdivision (3), the unanimous consent of all members of the board of directors of the authority shall vote to approve such reduction, together with the alternative expenditure of the funds to be saved by such reduction, at not less than two different public meetings of the board of directors separated by an interval of not less than 30 days. In the absence of an authority member, his vote may be cast in writing and submitted to the chairman prior to the meeting during which said vote is scheduled.

(Acts 1990, No. 90-598, §19.)