Section 22-3A-19

Certain public health facilities as primary obligation of authority; reimbursement to counties; refinancing or refunding of obligations.

(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.)