§ 45-42-162.03 — Procedures for Establishment of Metropolitan-Government

Alabama § 45-42-162.03

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 42: Limestone County
• Art. 16: Government Operations
• Part 3: Metropolitan-Government

Text

Establishment of the metropolitan-government shall be initiated by a referendum which shall be participated in by Limestone County, the City of Athens, and such other local governments wholly within Limestone County as by resolution of the governing body agree to participate as an entity. The procedure shall be conducted as follows:
(1) Each governing body shall be authorized to adopt a resolution expressing intent to participate in the referendum. The referendum shall decide two questions: a. the adoption establishing a metropolitan-government countywide and b. the approval for disincorporation of the City of Athens and the disincorporation of such other local governments as agree to participate as an entity. The metropolitan-government shall be established by approval of a majority (one more than 50 percent) of the total votes cast countywide and by approval of a majority (one more than 50 percent) of the total votes cast for the disincorporation question by voters in the City of Athens. Any other participating local government where the disincorporation question receives a majority (one more than 50 percent) of the total votes cast on the disincorporation question in that jurisdiction shall also participate fully in the metropolitan-government. Upon passage of the referendum and the disincorporation question in their respective jurisdictions, the governing body of the City of Athens and such other local governments in Limestone County as agree to participate as an entity shall act to disincorporate when the metropolitan-government is established with the assumption of duties by the mayor and commission of the newly formed government. Those local governments in Limestone County that do not participate in the disincorporation question or where approval of disincorporation fails to receive a majority of the total votes cast on this question in the referendum shall not participate fully in the metropolitan-government regardless of the passage of this part countywide, and the metropolitan-government jurisdiction shall apply to these jurisdictions only to the extent that county jurisdiction previously prevailed. Those local governments in Limestone County that do not participate in the disincorporation referendum or in the subsequent establishment of the metropolitan-government may later merge with the metropolitan-government upon action of their governing bodies to disincorporate.
(2) Within 180 days of passage of this act and the approval of the disincorporation question in the county and in the City of Athens and in any other participating cities, the judge of probate shall call an election for the purpose of electing the metropolitan-government governing body to include the mayor and the metropolitan commission. Drawing of district lines shall be completed within 60 days of passage of this act.
(3) The newly elected officials shall assume office 90 days following their election to office.
(4) Those constitutional officers of the county, having been duly elected for a specified term shall continue to serve.

Legislative History

(Act 87­324, p. 442, § 4.)