AMENDMENT 239 RATIFIED
Fire Protection or Garbage and Trash Disposal Districts in Jefferson County.
The legislature may provide for the formation of districts in Jefferson county, Alabama, for establishing and maintaining a system for fighting or preventing fires or for the collection and disposal of garbage and trash; 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; 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. A district may be established for either or both of the aforesaid purposes. The legislature may provide for submitting to the qualified electors residing within the proposed district the question of whether the district shall be created to establish and maintain a firefighting and fire prevention system, or the question of whether the district shall be created to establish and maintain a garbage collection and garbage disposal system; and to provide that the two questions may be submitted separately at the same election.
The expenses of establishing and maintaining any such firefighting 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.
No service charge shall be levied unless the same has been first approved at an election by the qualified electors residing within the district, or in the proposed district if the question of the levy of the service charge is submitted simultaneously with the question of whether the district shall be created.
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 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 the additional territory is brought within the district shall be included; (2) no territory shall be added unless the qualified electors of the territory to be added have approved the inclusion of said territory within the district at an election held for that purpose within the territory proposed to be added; (3) no territory shall be added unless the majority of the electors residing within the territory proposed to be added have first approved at an election held within such territory every service charge in effect within the district at the time the said addition is proposed.
The legislature shall have the authority to 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.
The 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.