Ala. Code § 45-37-140.14 (1975) - Abolition of district

Cite as:Ala. Code § 45-37-140.14 (1975)
Currency:Current through the 2020 Regular Session Acts 1 through 206
 
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(a) Any district created hereunder may be abolished in the manner provided for in this section; provided, however, that no district shall be abolished when it has any indebtedness.

(1) Upon the petition for abolition of a district, conforming to the requirements set forth below, being filed with the judge of probate, he or she shall order an election on abolition of the district to be held in the district with the time provided for by Section 45-37-140.04 unless the petition is submitted less than one year before the next scheduled primary, primary runoff, or a general election in which case the election shall be held at the next scheduled primary, primary runoff, or a general election, at which qualified electors residing within the district shall be entitled to vote. The number of qualified electors residing in the district signing the petition shall not be less than the smaller of these two numbers: 500, or a number equal to 10 percent of the qualified electors residing within the district. The petition shall contain a recital that the district is not indebted; and the petition shall request the judge of probate to order an election on whether the district shall be abolished. Upon the officers canvassing the returns of the election certifying that abolition of the district was approved by a majority of the votes cast at the election, the district shall be abolished.

(2) No election to abolish a district shall be held at any time within two years following the date of the election creating the district; and not more than one election on the abolition of a district shall be held within a period of two years.

(3) When a district is abolished, either pursuant to Section 45-37-140.13, or under this section, a committee, herein called the committee, appointed in the manner hereinafter stated shall determine what disposition shall be made of the properties and assets of the district, in accordance with this section. The committee shall consist of three members, each of whom shall be a qualified elector of the district. As used herein, the term Presiding Judge, Birmingham Division, means the Presiding Judge of the Circuit Court of the Tenth Judicial Circuit of Alabama, Birmingham Division. The term Presiding Judge, Bessemer Division, means the Presiding Judge of the Circuit Court of the Tenth Judicial Circuit of Alabama, Bessemer Division. The term board of trustees as used in this section means the board of trustees of the district as comprised at the time of its dissolution. When no part of a district is situated in the Bessemer Cutoff, the committee shall consist of three members, one of whom shall be appointed by the Presiding Judge, Birmingham Division, one of whom shall be appointed by the board of trustees, and one of whom shall be appointed by the United States District Judge for the Southern Division of the Northern District of Alabama having the longest tenure of service on that court. When the district is located entirely within the Bessemer Cutoff, the committee shall consist of three members, one of whom shall be appointed by the Presiding Judge, Bessemer Division, one of whom shall be appointed by the board of trustees, and one of whom shall be appointed by the United States District Judge for the Southern Division of the Northern District of Alabama having the longest tenure of service on that court. When a district lies partly, but not entirely, within the Bessemer Cutoff, the committee shall consist of four members, one of whom shall be appointed by the Presiding Judge, Birmingham Division, one of whom shal...

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