This text of Alabama § 23-1-433 ((This Section Terminates April 26, 2018, If No Revenue Is Created.) Use of Funds by County; Transportation Safety Fund Plan; Annual Report) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Except for monies allocated pursuant to subdivisions (1) and (2) of Section 23-1-431, the monies paid to counties from the fund shall be deposited into a separate fund maintained by the county and expended only for one or more of the following:
(1)The maintenance, improvement, replacement, and construction of county-maintained roads and bridges.
(2)As matching funds for federal road or bridge projects.
(3)The payment of any debt associated with a road or bridge project.
(4)With the consent of the municipality, for the maintenance, improvement, or replacement of municipally-maintained roads and bridges.
(5)For a joint road or bridge project with one or more municipalities in the county pursuant to any agreement executed under the authority of state law.
(b)The county shall not use
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(a) Except for monies allocated pursuant to subdivisions (1) and (2) of Section 23-1-431, the monies paid to counties from the fund shall be deposited into a separate fund maintained by the county and expended only for one or more of the following:
(1) The maintenance, improvement, replacement, and construction of county-maintained roads and bridges.
(2) As matching funds for federal road or bridge projects.
(3) The payment of any debt associated with a road or bridge project.
(4) With the consent of the municipality, for the maintenance, improvement, or replacement of municipally-maintained roads and bridges.
(5) For a joint road or bridge project with one or more municipalities in the county pursuant to any agreement executed under the authority of state law.
(b) The county shall not use any monies from the fund for any of the following purposes except in accordance with generally accepted accounting principles for job cost accounting or federal cost allocation regulations:
(1) Salaries, benefits, or any other form of compensation for county or contract employees or for county officials.
(2) The purchase, lease, or maintenance of equipment.
(3) The maintenance or construction of public buildings or other structures that are not roads or bridges.
(c) All fund records shall be audited by the Department of Examiners of Public Accounts in the same manner as all other county funds.
(d) Any county project utilizing monies from the fund for road or bridge maintenance, improvement, replacement, or construction on roads or bridges with less than 2,500 average daily traffic shall be designed in a manner consistent with the standards for low volume roads as established in the County Road Design Policy for Low Volume Roads adopted by the department. All projects for roads and bridges which have greater than 2,500 average daily traffic shall be designed in a manner consistent with the most current edition of the State Department of Transportation Standards and Specifications for Roadway Constructions.
(e) At the first meeting in October of each year following the creation of the fund, the county commission of each county shall adopt an annual Transportation Safety Fund Plan for the current fiscal year, which plan shall be approved by affirmative vote of a majority of the members of the county commission. The plan shall include only projects authorized in subsection (a). The plan shall be based upon an estimate of the revenues anticipated from the fund during the fiscal year. The county commission shall consider the needs of each district in the county in establishing its annual plan, and the annual plan shall not be altered once adopted at the first meeting in October. Once adopted, the annual plan shall at all times be posted in conspicuous places at the county courthouse, the county commission office, the county highway department, and any other places deemed appropriate by the county commission. Additionally, the plan shall be posted on the county’s website, if available.
(f) At the first meeting in January of each year following the creation of the fund, the county engineer or other person designated by the county commission shall present the county commission with an annual written report detailing expenditures made from the fund during the previous fiscal year, which report shall include the status of each project included in the previous fiscal year’s Alabama Transportation Safety Fund Plan. The report shall be entered into the minutes of the county commission meeting and shall be made available to the public for inspection, including posting on the county’s website, if available.