Section 45-37A-250 - Authorization to annex remaining portion of Virginia Mines Fire District(a) The Legislature finds that the City of Hueytown has annexed a substantial portion of the Virginia Volunteer Fire District and desires to annex the remaining portion of the district pursuant to the procedures established in this section.(b)(1) The City of Hueytown may annex the remaining unincorporated portion of the Virginia Volunteer Fire District, upon the filing of a petition with the clerk of the municipality requesting the annexation. The petition filed with the clerk of the municipality shall contain all of the following: a. Signatures of 10 percent of the qualified electors residing within the district or signatures of 100 qualified electors, whichever is less.b. A written statement signed by at least two members of the board of trustees of the district reciting that those signing the petition constitute either 10 percent of the qualified electors residing within the district or 100 qualified electors residing within the district, whichever is applicable.c. A description of the district.d. A statement that the City of Hueytown may consider the petition of any individual resident for deannexation, which petition is filed within six months after the date of annexation.e. A statement that, if the entire district is annexed to a municipal corporation, the district shall thereupon be dissolved. When the district is dissolved, the dissolution shall not impair the obligation of any person to the district which accrued prior to the dissolution. The board of trustees shall continue to exist for the period of time as shall be necessary to dispose of the property and assets of the district and to otherwise conclude the affairs and business of the district, except if a district is dissolved in accordance with this paragraph, then needed firefighters, equipment, and facilities, including any real estate on which any permanent improvements for firefighting are located, shall be immediately conveyed to the annexing municipality. All cash assets transferred shall be used by the municipality for fire department expenses.f. A statement that, if the remaining portion of the district is annexed to a municipal corporation, the district and the municipal corporation shall be authorized to enter into a contract providing for the district to continue to furnish its services to the portion of the district annexed, upon the terms and conditions as are specified in the contract.(2)a. After the filing of a petition as provided in subdivision (1), the governing body of the municipal corporation shall provide for and finance the cost of a referendum election wherein the remaining qualified voter residents of the district may vote on whether or not the remainder of the district shall be annexed to the municipal corporation. The referendum election shall be called by the municipal corporation not less than 40 days nor more than 90 days after the annexation request is filed with the clerk of the municipality.b. The question shall be submitted to a referendum in the following form: "Shall the territorial boundaries of the Virginia Volunteer Fire District be annexed to the City of Hueytown? YES___ NO___."c. If a majority of the votes cast in the election are YES, then the municipality shall annex all of the territory within the district. If a majority of the votes cast in the election are NO, then this section shall have no further effect.(3) If the district is annexed in accordance with this section, the annexing municipality may require all residents within the district to pay to the annexing municipality all sums which would have otherwise been due to the district for fire protection. The payments to be made to the municipality shall be made in accordance with the same terms of payment as were previously made to the district and the payments shall continue for a period of not more than one year from the date of the annexation. After the expiration of one year from the date of annexation or such date as the annexed property is reassessed to include city taxes, no further payments for the services shall be due other than any amounts assessed against all citizens of the municipality as taxes or otherwise. Current zoning for all district real estate shall remain as zoned prior to annexation.(4) Property zonings and the privileges associated with the zonings shall remain unchanged until such time the owner of the property petitions for a zoning change with the City Council of Hueytown.(5) The property owners who voted for annexation into the City of Hueytown shall have the right to unconditional and uncontested deannexation from the City of Hueytown for a period of 18 months after annexation.(c) This section shall have no application and shall not apply to any district other than the volunteer fire district.Ala. Code § 45-37A-250 (1975)
Act 2004-558, p. 1199, §§1-3.