By Representatives Sherer and Guin


HB457
ENROLLED, An Act,

Relating to Walker County; to propose an amendment to the Constitution of Alabama of 1901, to create the Corridor X Parkway Authority located in Walker County; to provide for the composition, jurisdiction, and power of the authority; and to allow the authority to exercise a zoning authority outside the state's right-of-way within one mile of any interchange on a limited access highway and within one-half mile of the state's right-of-way along any limited access highway passing through Walker County.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

Section I. (a) The Corridor X Parkway Authority located in Walker County is created and appointed as provided in this amendment.

(b) The authority may exercise zoning authority outside the state's right-of-way within one mile of any interchange on a limited access highway and within one-half mile of the state's right-of-way along any limited access highway in Walker County.

(c) The zoning authority of the Corridor X Parkway Authority located in Walker County shall include, but not be limited to, providing for the uniformity of landscaping and roadside design, land use, limitation and uniformity of signs, and the regulation of the outward physical features of buildings and structures. In the event of any conflict with the zoning authority granted by this amendment and any other zoning authority, this amendment shall apply.

(d) The authority shall make and maintain appropriate zoning regulations to carry out the purposes of this amendment.

(e) The authority shall be renamed the Interstate_____Parkway Authority in Walker County in the event the limited access highway is given an interstate number.

Section II. The authority shall be composed of nine members, each of whom shall be a qualified elector in and an actual resident of Walker County. All nine members shall be appointed by a majority vote of the Walker County legislative delegation. Except for the initial terms as provided herein, each member of the authority shall serve a term of three years or until a successor is duly appointed and qualified. Prior to taking office each member shall subscribe to an oath as provided by law for public officials and satisfaction of this requirement shall be recorded in the Office of the Judge of Probate of Walker County. The Walker County Legislative Delegation shall determine the period of time each is to serve for the initial term. The terms of three members shall expire one year from the date of the organization of the authority; the terms of three other members shall expire two years from the date of the organization of the authority; and the terms of the remaining three members shall expire three years from the date of the organization of the authority. In the event of a vacancy on the authority, the vacancy shall be filled for the remainder of that term as in the case of the original appointment. All members shall be reimbursed by the county commission for reasonable and necessary expenses incurred and may be paid an expense allowance by the county commission not to exceed actual expenses. The county commission shall provide necessary administrative support. Members of the authority may hold no other public office. Expenses of the authority shall be paid from the General Fund of Walker County.

Section III. A zoning regulation adopted by the authority may not change any use to which land is being made at the time the zoning regulation becomes applicable. Zoning regulations adopted by the authority may not prohibit a land use being employed at the time of adoption on a particular parcel of property and such current land use may continue, the zoning regulation to the contrary notwithstanding.

Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional 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 Walker County, proposing an amendment to the Constitution of Alabama of 1901, to provide for the creation of the Corridor X Parkway Authority located in Walker County and providing for the composition, jurisdiction, and powers of the authority relating to zoning near any limited access highway in Walker County, including, but not limited to, uniformity of landscaping and roadside design, land use, limitations and uniformity of signs, and the regulation of the outward physical features of buildings and structures.

"Proposed by Act _________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

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