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Section 45-41-141 – Definitions.

Section 45-41-141 Definitions. (a) The following words and phrases used in this part, and others evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise, shall be given the following respective interpretations herein: (1) AMENDMENT 392. That certain amendment to the Constitution of Alabama of 1901, as amended, proposed by Act […]

Section 45-41-141.01 – Legislative Intent.

Section 45-41-141.01 Legislative intent. It is the intention of the Legislature by the passage of this part to implement the authorizing amendment and Amendment 392 in order to provide for the operation and financing of a system for providing fire protection, fire prevention, and related services and facilities for the benefit of the inhabitants of […]

Section 45-41-141.02 – Establishment of Districts.

Section 45-41-141.02 Establishment of districts. (a) The commission is hereby authorized at any time and from time to time to establish one or more districts within the boundaries of the county, to fix the boundaries of any such district, and, subject to applicable provisions of this part, to alter the boundaries of any such district. […]

Section 45-41-141.03 – Authorization of Levy of Financial Charges.

Section 45-41-141.03 Authorization of levy of financial charges. Subject to the provisions of Section 45-41-141.09 (providing for the exemption of certain dwellings from the levy of financial charges hereunder), the commission is hereby authorized to levy, for each fiscal year of the county commencing with such fiscal year beginning October 1, 1988, and in any […]

Section 45-41-141.04 – Alteration of District Boundaries by Commission.

Section 45-41-141.04 Alteration of district boundaries by commission. (a) The commission, at any time and from time to time, may without the necessity of calling or holding any special election (whether under and pursuant to this part or other applicable law or laws, if any) and otherwise on such terms and conditions as the commission […]

Section 45-41-141.05 – Incorporation of New Municipality.

Section 45-41-141.05 Incorporation of new municipality. (a) In the event that any territory then within the boundaries of one or more districts is (as the result of the incorporation of a municipality subsequent to the establishment of such district or districts or subsequent to the then most recent alteration, if any, of the boundaries of […]

Section 45-41-141.06 – Annexation by Municipality.

Section 45-41-141.06 Annexation by municipality. (a) In the event any territory then within the boundaries of one or more districts shall be annexed to any municipality, then, from and after the date that is 30 days after the date such annexation becomes effective, but in all events subject to Section 45-41-141.07, (1) Such territory shall […]

Section 45-41-141.07 – Compensation for Loss of Territory.

Section 45-41-141.07 Compensation for loss of territory. (a) In the event that any territory lawfully included within the boundaries of a district shall thereafter be excluded therefrom at the instance of the governing body of a municipality pursuant to Section 45-41-141.02, or as a result of the incorporation or annexation of such territory under the […]

Section 45-41-141.08 – Payment and Collection of Financial Charges.

Section 45-41-141.08 Payment and collection of financial charges. (a) Any financial charge levied as provided in Section 45-41-141.03 shall become due and payable on October 1 in the fiscal year of the county next succeeding the fiscal year during and for which such financial charge is so levied and shall become delinquent if not paid […]

Section 45-41-141.09 – Exemption for Certain Dwellings.

Section 45-41-141.09 Exemption for certain dwellings. (a) Any person who is: (1) The owner of a dwelling that constitutes part of a homestead or a principal residence as those terms are used in subsection (d) of Section 40-9-19, and in Section 40-9-21, respectively, and (2) A person authorized, by virtue of any qualification of age, […]

Section 45-41-141.10 – Assessment of Tax Assessor.

Section 45-41-141.10 Assessment of tax assessor. The commission may appoint such agents as it, with the advice of the tax assessor, may deem advisable to assist the tax assessor in ascertaining the location and fair market value of units of property within any district and the owners thereof. The tax assessor may establish such rules […]

Section 45-41-141.11 – Disposition of Funds.

Section 45-41-141.11 Disposition of funds. (a) The treasurer shall establish or cause to be established in the county treasury a district fire protection fund for each district in which a financial charge is then being levied and collected, and shall maintain such district fire protection fund, or cause it to be maintained, so long as […]

Section 45-41-141.12 – Special Elections Regarding Financial Charges.

Section 45-41-141.12 Special elections regarding financial charges. (a) The commission may at any time and from time to time call a special election to be held in any district, for the purpose of determining whether a financial charge shall be authorized to be levied and collected within such district, whether the rate (or maximum rate) […]

Section 45-41-141.13 – Conduct of Special Elections.

Section 45-41-141.13 Conduct of special elections. (a) The managers, inspectors, or other officers of any special election authorized to be held under and pursuant to this part shall be appointed, and such special election shall be held, in the same manner and by the same officers as a regular election for county officers, under the […]

Section 45-41-141.14 – Qualification of Voters.

Section 45-41-141.14 Qualification of voters. All persons who, at the time of any special election held under and pursuant to this part, are qualified electors of the district in which such special election is to be held and reside in such district shall be qualified electors to participate therein. (Act 89-390, p. 747, §15.)

Section 45-41-141.15 – Election Supplies.

Section 45-41-141.15 Election supplies. When any special election is to be held in any district under this part, the commission shall provide the necessary number of ballots, poll lists, tally sheets, ballot boxes, booths, instructions for holding such special election, and all other necessary and proper stationery for holding such special election; and the sheriff […]

Section 45-41-141.16 – Ballots.

Section 45-41-141.16 Ballots. When the county commission calls for a special election as set forth in Section 45-41-141.12, the commission shall also record in the minutes of the meeting for the special call the wording for the ballot. The wording shall not propose a rate or incrementing of rates which would exceed the maximum rate […]

Section 45-41-141.17 – Canvassing Returns and Declaring Results of Special Elections.

Section 45-41-141.17 Canvassing returns and declaring results of special elections. The commission, within four days after any special election authorized to be held under and pursuant to this part, shall canvass the returns so made with respect to such special election and make a written report declaring the result of such special election, showing the […]

Section 45-41-141.18 – Effect of Special Election.

Section 45-41-141.18 Effect of special election. (a) If a majority of the qualified electors voting in a special election held under this part shall approve the authorization of (1) The levy of a financial charge within the district in which such special election was held, (2) An increase in the maximum rate at which such […]

Section 45-41-141.19 – Application of State Statutes.

Section 45-41-141.19 Application of state statutes. Where no provisions are otherwise made in this part, the general election laws of the state then in existence with regard to all notices, qualifications of voters, official acts, and things to be done in connection with calling and holding elections, making returns, canvassing and certifying the same shall […]