Section 45-37-140.12 - Service charge ordinances; election(a) Subject to the conditions stated below in this section, the board of trustees shall be authorized to adopt service charge ordinances levying service charges provided for in Section 45-37-140.11. No service charge ordinance shall take effect and be enforced until the substance of the ordinance has been published in some newspaper of general circulation in the district and at least eight days have elapsed after such newspaper publication and at least eight days have also elapsed after such ordinance in full was posted in each fire station in the district, or at some other public place in the district if there is no such fire station. It is further provided that no such ordinance shall become effective unless it is approved at an election held in response to the petition hereinbelow provided for, or unless the time prescribed for filing such petition expires without the petition being filed.(b) Upon the petition, prescribed in this section being filed with the judge of probate of the county within the time specified in this section, he or she shall call an election to be held in the district, as below prescribed, on the question of whether the service charge ordinance shall become effective. As hereinafter used, the term service charge election, means an election under this section on the question of whether a service charge ordinance shall become effective. The petition shall be addressed to the judge of probate. It shall identify by name the district involved and shall identify the service charge ordinance, but need not set forth the ordinance. The petition shall request that an election be held in the district on the question of whether the ordinance shall become effective. The petition shall recite that each person signing the same is a qualified elector of the district. The residence address of each person signing the petition shall be stated by, or below, his or her signature. The number of qualified electors residing in the district signing the petition shall not be less than the smaller of these two numbers: 300, or a number equal to one-third of the qualified electors residing in the district.(c) The petition shall be filed before 30 days elapse following the newspaper publication of the ordinance. If such petition is filed with the judge of probate within that period he or she shall enter an order providing for an election to be held in the district on the question of whether the service charge ordinance shall become effective.(d) Section 45-37-140.04, now in effect or as hereafter amended, shall govern the time at which a service charge election shall be held. Notice of any service charge election shall be published as provided for in Section 45-37-140.06, now in effect or as hereafter amended. At a service charge election it shall not be required that the ordinance be published in full in the voting machine or on the ballot, but the substance of the ordinance shall be stated therein.(e) No service charge ordinance shall become effective unless the time above prescribed for filing a petition for a service charge election expires without any such petition being filed, or unless at the service charge election, if any is held, the majority of electors voting in the election vote in favor of the service charge ordinance.(f) The district shall pay the cost or expense of any election, publication, or proceeding in the probate court provided for by this section.Ala. Code § 45-37-140.12 (1975)
Acts 1966, No. 79, p. 106, §13; Acts 1967, No. 702, p. 1528, §3; Acts 1971, No. 841, p. 1596, §2.