Title 36, Chapter 64, Section 8
( 36-64-8)
(a) Whenever a petition signed by at least 10 percent of the
qualified and registered voters in any municipality or county is
filed in the office of the clerk of the municipality or county,
requesting the governing body of the municipality or county to
provide, establish, maintain, and conduct a supervised recreation
system and to levy an annual tax on the taxable property within the
municipality or county for the conduct and maintenance thereof, it
shall be the duty of the governing body to appropriate funds for and
to provide for the establishment, maintenance, and conduct of a
supervised recreation system or, if the question of a special tax is
raised by the petition, to cause the question of the establishment,
maintenance, and conduct of such supervised recreation system to be
submitted to the voters to be voted upon at the next general or
special election of the municipality or county; provided, however,
that such question shall not be voted upon at the next general or
special election unless such petition has been filed at least 30
days prior to the date of such election. (b) In addition to the method provided in subsection (a) of this
Code section, the governing authority of any municipality or county,
upon its own motion, may appropriate funds for and provide for the
establishment, maintenance, and conduct of a supervised recreation
system or, if a special tax is necessary, upon its own motion may
cause the question of the establishment, maintenance, and conduct of
such supervised recreation system to be submitted to the voters to
be voted upon at the next general or special election of the
municipality or county, provided such motion has been made at least
30 days prior to the date of such election. (c) Nothing in this chapter shall permit the levying of a tax in
excess of any limitation contained in a municipal charter or, with
reference to a county, in excess of the authority set out by the
Constitution and laws of this state; provided, however, that any
municipality is authorized to levy a tax in excess of any limitation
contained in its municipal charter if a referendum is held and a
majority of the qualified voters of the municipality voting in such
election vote in favor of the millage increase. |