65047-1:n:03/09/2004:FC/ll LRS2004-1419




SB420
By Senator Poole
RFD Local Legislation No. 1
Rd 1 16-MAR-04


SYNOPSIS:This bill would propose a local constitutional amendment to amend Amendment No. 358 of the Constitution of Alabama of 1901, relating to Tuscaloosa County, to authorize districts for fire protection and garbage disposal to include territory within the corporate limits of a municipality having a population of 10,000 or less with the approval of the municipal governing body.

A BILL
TO BE ENTITLED
AN ACT

Proposing an amendment to Constitutional Amendment No. 358 of the Constitution of Alabama of 1901, relating to Tuscaloosa County, to authorize districts for fire protection and garbage disposal to include territory within the corporate limits of a municipality having a population of 10,000 or less with the approval of the municipal governing body.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

"Amendment No. 358

"Fire Protection or Garbage and Trash Disposal Districts in Tuscaloosa County.

"The legislature Legislature may provide for the formation of districts in Tuscaloosa county County, Alabama, for establishing and maintaining a system for fighting or preventing fires or for the collection and disposal of garbage and trash or for either or both of said purposes; provided, however, that no territory lying within the limits of a municipal corporation at the time of the establishment of any such district shall be included within such district except that all or part of any territory lying within a municipality having a population of 10,000 inhabitants or less may be included within a district upon approval by resolution of the governing body of the municipality; and, provided further, that no such district shall be established unless the establishment thereof has been first approved by the qualified electors residing within the proposed district at an election held as provided for by a law or laws adopted by the legislature Legislature. The legislature Legislature may provide for submitting to the qualified electors residing within the proposed district the question of whether the district shall be created for either or both of the aforesaid purposes.

"The expenses of establishing and maintaining any such fire fighting and fire prevention system or any such garbage collection and disposal system in a district, as the case may be, shall be paid for exclusively by the proceeds of a service charge, which shall be levied and collected in an amount sufficient to pay the said expenses.

"Said service charges shall be levied upon and collected from the persons and property to whom and to which such services are available; and the service charge shall be a lien upon any such property.

"The legislature Legislature may provide for the enlargement of a district by the addition of territory thereto, subject to the following conditions: (1) No territory lying within a municipal corporation at the time of such enlargement shall be added to a district except that all or part of any territory lying within a municipality having a population of 10,000 inhabitants or less may be included within a district upon approval by resolution of the governing body of the municipality; (2) subject to (3), next below, no territory shall be added unless the qualified electors thereof have approved the addition of such territory to the district at an election held for that purpose within the territory proposed to be added; (3) the legislature Legislature may provide a procedure whereby territory will be included in a district upon the written petition for its inclusion signed by at least seventy percent (70%) of the qualified electors residing within said territory.

"The legislature Legislature shall adopt laws providing for the administration of the affairs of the district by the governing body of the county or by an agency of the county, and empowering the body administering the affairs of the district to levy and collect the service charge, subject to such restrictions and conditions as the legislature Legislature imposes. The legislature Legislature may provide that any such service charge shall not become effective unless approved by the electors of the territory, and may provide the conditions on which an election on such service charge shall be held.

"The legislature Legislature shall be authorized to enact laws providing for the collection and enforcement of the service charges and of the lien for such charges.

"The legislature Legislature may provide for the issuance of bonds for such districts with or without an election; provided, however, that all bonds issued hereunder shall be payable only out of the proceeds of the service charge authorized hereby, and no such bond shall be a general obligation of the county."

Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Relating to Tuscaloosa County, proposing an amendment to the Constitution of Alabama of 1901, to amend Amendment No. 358, to authorize districts for fire protection and garbage disposal to include territory within the corporate limits of a municipality having a population of 10,000 or less with the approval of the municipal governing body.

"Proposed by Act _________"

This description shall be followed by the following language:

"Yes ( ) No ( )."


Tuscaloosa County
Counties
Constitutional Amendments
Elections
Municipalities
Fire Protection
Solid Waste