§ 45-58-30.08 — Powers of Public Corporation and Library Board; Taxation Exemption

Alabama § 45-58-30.08

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 58: Shelby County
• Art. 3: Boards and Commissions
• Part 1: Library Board and Districts

Text

(a)
The district shall constitute a public corporation, which shall have the power to do any and all acts or things necessary and convenient for carrying out the purposes for which it is created including, but not limited to: To sue and be sued; to have a seal and alter the same at pleasure; to acquire, hold, and dispose of property, real and personal, tangible and intangible, or interests therein and to pay therefor in cash or on credit, and to secure and procure payment of all or any part of the purchase price thereof on such terms and conditions as the board shall determine; to acquire, own, operate, maintain, and improve a system or systems; to pledge all or any part of its revenues, or mortgage, or otherwise encumber, all or any part of its property for the purpose of securing the payment of the principal of and interest on any of its obligations; to sell, lease, mortgage, or otherwise encumber or dispose of all or any part of its property, as hereinafter provided; to contract debts, borrow money, and to issue or assume the payment of obligations; to levy and collect service charges, as herein provided in this part, subject to the limitations prescribed in this part; to negotiate and enter into contracts with residents of areas outside of district or with other districts to furnish public library services and to charge fees for such service; to employ agents, servants, and attorneys; and to perform any and all of the foregoing acts and to do any and all of the foregoing things under, through, or by means of its own officers, agents, and employees, or by contracts with any person, federal agency, or municipality.
(b) Additionally, the library board shall have all of the following powers:
(1)
To elect its own officers and to adopt bylaws, rules, and regulations for its own guidance and for the government of the library as may be necessary.
(2)
To have the exclusive control of the expenditure of all funds appropriated for the library.
(3)
To appoint a director of the library and all other employees, to fix their compensation, and to remove appointees upon the showing of just cause.
(4)
To determine the general operating policies of the library in consultation with or upon the recommendation of the director of the library.
(5)
To purchase books, equipment, and other library materials.
(6)
To exclude from the use of the library any person who willfully violates the rules prescribed by the board.
(7)
To extend the use of the library to persons residing outside the district.
(8)
To accept gifts of books, money, or other property, real and personal, which may be used or held in trust for the general purposes of the library.
(9)
To enter into an agreement with other public libraries in a cooperative library system.
(10)
To prepare an annual budget.
(11)
To exercise such powers not inconsistent with law, necessary for the effective use and management of the library.
(c) The property and income of the district, all bonds issued by the district, the income from such bonds, conveyances by or to the district, and leases, mortgages, and deeds of trust by or to the district shall be exempt from all taxation in the State of Alabama, including specifically the tax imposed by Section 40–21–82, as amended. The district shall be exempt from all taxes levied by any county, municipality, or other political subdivision of the state, including, but without limitation to, license and excise taxes imposed in respect of the privilege of engaging in any of the activities that a district may engage in. The district shall not be obligated to pay or allow any fees, taxes, or costs to the judge of probate of any county in respect of its incorporation, the amendment of its certificate of incorporation, or the recording of any document.

Legislative History

(Act 88–258, p. 393, § 10.)