§ 45-37-140.13 — Annexation; Referendum; Hearing; Reestablishment of Boundaries

Alabama § 45-37-140.13

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 37: Jefferson County
• Art. 14: Fire Protection and Emergency Medical Services

Text

(a) Whenever any municipal corporation in Jefferson County annexes any portion of a district and a petition is filed with the clerk of the municipality requesting annexation of the remaining portion of the district, the petition containing the following: (1) signatures of 20 percent of the qualified electors residing within the district or signatures of 200 qualified electors, whichever is less, and (2) a written statement signed by at least two members of the board of trustees of the district reciting that those signing the petition constitute either 10 percent of the qualified electors residing within the district or 100 qualified electors residing within the district, whichever is applicable, and (3) a description of the district; then the governing body of such municipal corporation shall provide for and finance the cost of a referendum election wherein the remaining qualified voter residents of such district may vote on whether or not the remainder of such district shall be annexed to such municipal corporation. The referendum election shall be called by the municipal corporation not less than 40 days nor more than 60 days after the annexation.
(b) The question shall be submitted to a referendum in the following form: “Shall the territorial boundaries of (Official name of district in question) _________ be annexed to (Name of municipality) ________? YES ____ NO ____”.
(c) If a majority of the votes cast in the election are yes, then, the municipality shall annex all of the territory within such district. If a majority of the votes cast in the election are no, then, this section shall have no further effect.
(d) If the district is annexed in accordance with this section the annexing municipality may require all residents within the district to pay to the annexing municipality all sums which would have otherwise been due to the district for fire protection or garbage disposal or both. The payments to be made to the municipality shall be made in accordance with the same terms of payment as were previously made to the district and the payments shall continue for a period of not more than three years from the date of annexation. After the expiration of three years from the date of annexation, no further payments for the services shall be due other than any amounts assessed against all citizens of the municipality as taxes or otherwise.
(e) If the district is neither a garbage disposal district nor a combination fire protection and garbage disposal district but is only a fire protection district, then, the annexing municipality may require all residents of the district to provide for their garbage disposal for a period of not more than three years from the date of annexation. After the expiration of this three year period, the annexing municipality shall make no further requirements for garbage disposal other than any requirements imposed on all residents of the municipality.
(f) Subject to the limitations hereinafter stated, if an entire district is annexed to a municipal corporation, the district shall thereupon be dissolved. When a district is dissolved, as aforesaid, or when any portion of a district discontinues being a part of a district, as aforesaid, such dissolution or such discontinuance, shall not impair the obligation of any person to the district which accrued prior to such dissolution or such discontinuance; and such dissolution or such discontinuance shall not affect the lien of the district against any property for obligations owed to the district at the time of such dissolution or such discontinuance. When a district is dissolved, as aforesaid, the board of trustees shall continue to exist for such period of time as shall be necessary to dispose of the property and assets of the district, as provided for in Section 45-37-140.14, and to otherwise wind up the affairs and business of the district, except if a district is dissolved in accordance with this section, then, all fire fighting and garbage disposal equipment and facilities, including any real estate on which any permanent improvements for fire fighting or garbage disposal are located, shall be immediately conveyed to the annexing municipality. The remainder of all property and assets of the district shall be disposed of in accordance with Section 45-37-140.14.
(g) When any portion of a district is annexed to a municipal corporation, the district and such municipal corporation shall be authorized to enter into a contract providing for the district to continue to furnish its services to the portion of the district annexed, upon such terms and conditions as are specified in the contract.
(h) A district may be enlarged in accordance with the terms of this section, provided, however, that no area lying within a municipality at the time of the enlargement shall be brought within the district. No area shall be brought within the district by enlargement except by an election provided for by subsection (i), or on petition as provided for in subsection (j). The term proposed area, as used in this section, means an area proposed to be brought within a district.
(i) When the board of trustees makes a finding that the inclusion of a proposed area within the district would be to the advantage of the district and the inhabitants of the proposed area, the board of trustees may file in the office of the judge of probate a certificate describing the proposed area and reciting the finding, accompanied by the board’s petition that there be an election in the proposed area to submit to the qualified electors thereof the question of whether the area shall be included within the district. The certificate and petition shall be signed by at least two members of the board. Upon such certificate and petition being filed, the judge of probate shall order an election to be held within the proposed area within the time provided for in Section 45-37-140.04, at which election the qualified electors residing within the proposed area shall be included in the district. Unless the majority of votes cast at the election vote in the affirmative on such question, the proposed area shall not be included within the district. Upon the officers canvassing the returns of the election certifying that a majority of votes cast was in favor of the inclusion of the proposed areas in the district the proposed area shall become a part of the district.
(j) The purpose of this subsection is to obviate the considerable expense of an election on including a proposed area within a district when a clear majority of electors residing within such area file a written petition with the governing body of the county requesting that such area be included within the district. As used in this subsection, the following terms shall have the meanings hereby ascribed to them: Certificate means a certificate of the board of trustees, signed by at least two members thereof, describing a proposed area and reciting that the board of trustees has found that it would be to the advantage of the district and the inhabitants of the proposed area that the area be included in the district and governing body means the governing body of the county. The proposed area may be included in the district on petition in the manner prescribed in this subsection. In order to secure the inclusion of a proposed area within a district upon petition, the board of trustees shall file with the governing body all of the following:
(1) The certificate.
(2) A petition, containing a description of the proposed area, signed by qualified electors of the proposed area, with the residence address of each signer being stated therein, requesting that the proposed area be included within the district.
(3) A written statement signed by at least two members of the board of trustees reciting that those signing the petition constitute at least 70 percent of the qualified electors residing within the proposed area.
(k) When the board of trustees has filed the certificate, petition, and statement mentioned in the sentence next above, the governing body, as soon as is convenient to it thereafter, shall order that a public hearing be held before the governing body at its regular meeting place in the courthouse on the question of including the proposed area within the district, which meeting shall be at the time stated in the order and after the publication of the notice below prescribed. If the proposed area lies entirely within one division of the county, the hearing shall be in the courthouse of that division of the county wherein the proposed area lies. If the proposed area lies partly in both divisions of the county, the hearing shall be in the courthouse at Birmingham. The governing body shall cause to be published at least 15 days prior to the hearing, at the expense of the district, in some newspaper having general circulation in the proposed area, a notice stating the time, place, and purpose of the hearing. Such notice need not contain a legal description of the proposed area, but the notice shall state generally the location of the area and shall state that a legal description thereof is on file with reason for such request. The board of trustees shall deliver the resolution to the governing body.
(l) If after such hearing the governing body is satisfied that at least 70 percent of the qualified electors residing in the proposed area signed the petition that the area be included in the district, the governing body shall enter an order that such proposed area be included within the district, which order shall be recorded in the minutes of the governing body. Upon the order being so recorded, the proposed area shall become a part of the district.
(m) Whenever in the opinion of the board of trustees the public good and the welfare of the district require that the area of the district be reduced and the boundaries thereof be reestablished, the board shall pass a resolution defining the proposed boundaries. The resolution shall be in the form of a petition to the governing body of the county, herein called the governing body, or shall contain a petition to such governing body, requesting that the governing body reestablish the boundaries of the district as proposed in the resolution and shall state the reason for such request. The board of trustees shall deliver the resolution to the governing body.
(n) The governing body shall be authorized, but not required to reestablish the boundaries of the district, as proposed in the resolution, subject to the conditions below stated. The governing body shall not change the boundaries of a district hereunder until after there has been a public hearing on the proposed change at a meeting of the governing body. Such hearing shall not be held until there has been published in a newspaper having a general circulation in the district a notice stating the time and place of the hearing, which publication shall be not less than 15 and not more than 21 days before the hearing. It is not required that the notice describe by metes and bounds the proposed boundaries of the district. The governing body is authorized to give, or require to be given, such other and additional notice of the hearing as it deems appropriate, to the qualified electors residing in the area proposed to be excluded from the district. The district shall pay the expense of the newspaper notice above prescribed and of any other notice the governing body requires.
(o) If the governing body, after the public hearing, concludes that the public good and the welfare of the district require that the boundaries of the district be reestablished, as proposed by the board of trustees, the governing body is authorized, but not required, to adopt a resolution reestablishing the boundaries of the district, as proposed. Upon the adoption of such resolution the boundaries of the district shall be those fixed, or established, by the resolution.
(p) However, in no event shall an election be called before the expiration of three years from the last election pursuant to this section.

Legislative History

(Acts 1966, No. 79, p. 106, §14; Acts 1967, No. 702, p. 1528, §4; Acts 1971, No. 841, p. 1596, §3; Acts 1975, No. 113, p. 2803, §1.)