Alabama § 45-58-140.04 Petition; Order

Alabama Statutes

§ 45-58-140.04 — Petition; Order

Alabama § 45-58-140.04

JurisdictionAlabama

Title 45Local Laws

Ch. 58Shelby County

Art. 14Fire Protection and Emergency Medical Services

Part 1Districts Created

This text of Alabama § 45-58-140.04 (Petition; Order) 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.

Bluebook

Ala. Code § 45-58-140.04 (2026).

Text

(a)When a petition for the holding of any election pursuant to this part is filed with the judge of probate, the judge of probate shall order the election sought by the petition to be held on a day not less than 30 days nor more than 60 days from the date on which the judge of probate enters the order.

(b)Subsection (a) applies to all elections provided for by this part except when an election is prohibited by subsection (c) or other specific provisions are provided by this part.

(c)Elections pertaining to the establishment of a district or portion thereof, for the abolition of a district, or for the merger of two districts shall not be held more than once every two years.

(d)An election may be held on the modification of a district to allow a district for fighting fires to also provid

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(a) When a petition for the holding of any election pursuant to this part is filed with the judge of probate, the judge of probate shall order the election sought by the petition to be held on a day not less than 30 days nor more than 60 days from the date on which the judge of probate enters the order.
(b) Subsection (a) applies to all elections provided for by this part except when an election is prohibited by subsection (c) or other specific provisions are provided by this part.
(c) Elections pertaining to the establishment of a district or portion thereof, for the abolition of a district, or for the merger of two districts shall not be held more than once every two years.
(d) An election may be held on the modification of a district to allow a district for fighting fires to also provide for emergency medical services, or a district for emergency medical services to also provide for fighting fires, by resolution of the board of trustees to the judge of probate. The judge of probate shall call an election as provided in this section and determine the question to be placed on the ballot. The election shall be held as otherwise provided in this part.
(e) An election shall be held on the merger of two districts by resolution of each board respectively to the judge of probate in the same manner as for the formation of a new district except as otherwise provided. The resolution of the boards shall propose the service charge for the new combined district and the name of the proposed district. The judge of probate shall call the election as provided in this section and shall determine the question to be placed on the ballot. The election shall be held as otherwise provided in this part. Any costs of the election shall be paid by the districts in a manner to be determined by the districts. The boards of the districts shall continue to function pending the election. If the vote in each district is in favor of a merger, the new district shall be formed as a body corporate effective the first day of the month after the judge of probate certifies the election results. Each member of the board of trustees of each district shall serve as interim trustees of the new board until an election is held pursuant to Section 45–58–140.09, which election shall be held within three months of the formation of the new district.