SB325 By Senator Sanford RFD County and Municipal Government Rd 1 02-APR-15

SYNOPSIS: This bill would provide that the annexation of property by general or local law would not extend the police jurisdiction unless specifically provided for in the general or local law.

This bill would specify that a municipality could only change its police jurisdiction based on annexation and deannexation once a year.

This bill would further specify that a municipality could only enforce certain ordinances, collect license fees, and levy and collect taxes within its police jurisdiction after providing notice to affected persons.

This bill would require that if an annexation results in a portion of a county-maintained street being within the police jurisdiction of a municipality being bound on at least two sides by a municipal street, the municipality would assume responsibility for that portion of the county-maintained street.

This bill would also require that a municipality provide an annual accounting of all revenues collected in its police jurisdiction and an itemization of its expenditures for providing services within the police jurisdiction.

A BILL TO BE ENTITLED AN ACT

To amend Sections 11-40-10, 11-49-80, 11-51-91, 11-51-206, and 11-52-30 of the Code of Alabama 1975, relating to annexation; to provide that the annexation of property by general or local law would not extend the police jurisdiction unless specifically provided; to further provide that alterations to the police jurisdiction by annexation or deannexation would only occur once a year; to further provide that before a municipality can enforce an ordinance in its police jurisdiction the municipality must provide 30 days notice under specific circumstances; to further provide that if an annexation results in a portion of a county-maintained street being within the police jurisdiction of a municipality being bound on at least two sides by a municipal street, the municipality would assume responsibility for that portion of the county-maintained street; to further provide that a municipality must annually account for all revenues collected in its police jurisdiction and an itemization of all services provided within the police jurisdiction; to provide that no municipality can levy or assess taxes within a police jurisdiction without providing notice under certain terms and conditions; and to further provide that any alteration to a municipal planning commission due to annexation or deannexation would occur only once a year.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 11-40-10, 11-49-80, 11-51-91, 11-51-206, and 11-52-30 of the Code of Alabama 1975, are amended to read as follows:

§11-40-10.

"(a) The police jurisdiction in cities municipalities having 6,000 or more inhabitants shall cover all adjoining territory within three miles of the corporate limits, and in cities municipalities having less than 6,000 inhabitants and in towns, such the police jurisdiction shall extend also to the adjoining territory within a mile and a half of the corporate limits of such city the municipality or town.

"(b) Ordinances In order for an ordinance of a city or town enforcing police or sanitary regulations and prescribing fines and penalties for violations thereof shall to have force and effect in the limits of the city or town and in the police jurisdiction of a municipality or town thereof and on any property or rights-of-way belonging to the city municipality or town, the municipal governing body shall provide a 30-day notice that the ordinance shall be effective in the police jurisdiction. The notice given shall be the same as required for adoption of an ordinance under Section 11-45-8. The notice may include any or all ordinances in effect in the municipality or town at the time the notice is given. Additionally, the notice shall be posted on the Atlas Alabama state website or any successor state-operated website providing information to businesses and, if the municipality maintains a website, the notice shall be posted on the website of the municipality. No ordinance may be enforced against an individual or entity affected by the ordinance until and unless the municipality has complied with the notice requirements provided for in this section.

"(c) The police jurisdiction of any municipality which pursuant to this section extends to include part of any island which has water immediately offshore adjacent to the boundary of the State of Florida, upon approval of the council of the municipality, shall extend to include the entire island including the water adjacent to the island extending to the existing police jurisdiction of the municipality and extending to the Florida state boundary where applicable.

"(d) Any alterations to a police jurisdiction based upon the annexation or deannexation of property shall be effective only once a year on the first day of October and shall take effect for any annexation or deannexation which was finalized on or before the preceding first day of August. No later than the first day of October in each year, a map showing the boundaries of the municipal limits and police jurisdiction of the municipality shall be posted on the Atlas Alabama state website or any successor state-operated website providing information to businesses and, if the municipality maintains a website, the notice shall be posted on the website of the municipality. No ordinance, license, permit, or tax levy may be enforced against an individual or entity included in the alteration of the municipal limits or the police jurisdiction unless the municipality has complied with the notice requirements provided for in this section.

"(e) The annexation of property by general or local law may not extend the police jurisdiction of a municipality except as expressly provided in the general or local law. Any extension of a police jurisdiction expressly provided for in a general or local law is subject to subsection (d) and shall take effect only on the next October 1 following the enactment of the general or local law.

§11-49-80.

"(a) For the purposes of this article, the following terms shall have the following meanings:

"(1) COUNTY-MAINTAINED STREET. A street in which the county commission has the authority or responsibility to control, manage, supervise, regulate, repair, maintain, or improve a public street, road, or bridge.

"(2) MUNICIPAL STREET. A street in which the municipality has the authority or responsibility to control, manage, supervise, regulate, repair, maintain, or improve a public street, road, or bridge.

"(3) RESPONSIBILITY. The authority to control, manage, supervise, regulate, repair, maintain, or improve a public street, road, or bridge.

"(4) STREET. A public street, road, bridge, or portion thereof.

"(a) (b) Where the authority to control, manage, supervise, regulate, repair, maintain, and improve responsibility for a public street or streets or part thereof lying within a municipal corporation municipality is vested in the county commission of the county within which a municipal corporation the municipality is located, a municipal corporation the municipality may resume or take over the authority to control, manage, supervise, repair, maintain, and improve such assume responsibility for the public street or streets or part thereof designated in the resolution adopted by the governing body of a municipal corporation to resume or take over such authority the municipality.

"(b) (c) Notwithstanding the adoption of a resolution as required in Sections 11-49-80 and 11-49-81, the annexation of unincorporated territory into a municipality, after July 7, 1995, shall result in the municipality assuming responsibility to control, manage, supervise, regulate, repair, maintain, and improve for all public streets or parts thereof lying within the territory annexed, provided such the public streets or parts thereof were controlled, managed, supervised, regulated, repaired, maintained, and improved by the county for a period of one year prior to the effective date of the annexation. The annexation of unincorporated territory into a municipality shall also result in the municipality assuming responsibility to control, manage, supervise, regulate, repair, maintain, and improve for all public streets or parts thereof lying within the territory annexed, provided such the public streets or parts thereof were dedicated to, accepted by, and were controlled, managed, supervised, regulated, repaired, maintained, and improved by the county for a period of less than one year prior to the effective date of the annexation when such if the construction of the public streets or parts thereof were also approved upon construction by the municipal planning commission of the annexing municipality. Except as herein provided, this section shall not require a municipality to assume responsibility to control, manage, supervise, regulate, repair, maintain, or improve for any public street or part thereof located within the territory annexed which was not being controlled, managed, supervised, regulated, repaired, maintained, and improved by the county prior to the effective date of the annexation. Further, nothing in this section shall require a county to assume responsibility to control, manage, supervise, regulate, repair, maintain, or improve for any public street or part thereof located within the territory annexed which was not being controlled, managed, supervised, regulated, repaired, maintained, and improved by the county prior to the effective date of the annexation.

"(c) (d) After July 7, 1995, when the annexation of unincorporated territory by a municipality results in a public street or part thereof which was dedicated to, accepted by, and was controlled, managed, supervised, regulated, repaired, maintained, and improved by the county for a period of one year prior to the effective date of the annexation, or for a period of less than one year prior to the effective date of the annexation when such public street or part thereof was approved upon construction by the municipal planning commission, being located outside the corporate limits of the annexing municipality while at the same time bounded on both at least two sides by the corporate limits of the annexing municipality, the county governing body shall consent to the annexation of such public street or part thereof by the municipality if the street was a street maintained by the county for a period of one year prior to the effective date of the annexation or was approved upon construction by the municipal planning commission. Once consent to annexation is given by the owners of such the public street or part thereof to annexation by the municipality, the municipality shall annex that portion of the public street or part thereof which is bounded on both sides by the municipal corporate limits or police jurisdiction of the municipality. Once such the annexation becomes effective, the municipality shall assume responsibility for the public street or part thereof as provided in subsection (b), above (c).

"(e) On and after the effective date of the act adding this amendatory language, if an annexation of property results in a portion of a county-maintained street within the police jurisdiction of a municipality being bound on at least two sides by a municipal street, the municipality shall assume responsibility for that portion of the county-maintained street as provided in subsection (c) no later than 60 days after the effective date of the annexation. If any annexation that has occurred between July 7, 1995, and the effective date of the act adding this amendatory language has resulted in a municipality having responsibility for two separate portions of a street maintained by the county that is connected by a portion of a street which remains outside the corporate limits of the municipality, but within the municipal police jurisdiction, the municipality shall assume responsibility for that portion of the street as provided in subsection (c) no later than 30 days following the effective date of the act adding this amendatory language.

"(d) (f) The responsibility for the control, management, supervision, regulation, repair, maintenance, or improvement of public streets or parts thereof lying within the corporate limits of an incorporated municipality on July 7, 1995, shall remain the responsibility of the entity responsible for such the public streets or parts thereof on July 7, 1995.

"(e) (g) Nothing contained in Sections 11-49-80 and 11-49-81 shall prohibit a county and municipality from entering into a mutual agreement providing for an alternative arrangement for the control, management, supervision, regulation, repair, maintenance, or improvement responsibility of public streets or parts thereof lying within the corporate limits of an incorporated municipality.

"(h) A county-maintained divided four-lane public street which has been designed or designated by the county or Governor as an evacuation route to be utilized under emergency conditions found in Chapter 9 of Title 31, may not be annexed by a municipality, regulated by a municipal planning commission, or considered a part of the police jurisdiction of any municipality except where there is a mutual agreement between a county and municipality providing otherwise. Nothing in this subsection shall prevent a municipality from annexing territory on either side of the evacuation route that would otherwise be considered contiguous for the purpose of annexation under any state law.

§11-51-91.

"(a) Any municipality may adopt an ordinance to fix and collect licenses for any business, trade, or profession done within the police jurisdiction of such the municipality but outside the corporate limits thereof; provided, that the amount of such the licenses shall not be more than one half the amount charged and collected as a license for like business, trade, or profession done within the corporate limits of such the municipality, fees and penalties excluded; and provided further, that the total amount of such the licenses shall not be in an amount greater than the cost of services provided by the municipality within the police jurisdiction. All licenses adopted pursuant to this section shall be uniformly assessed to all businesses, trades, or professionals within the police jurisdiction. No license shall take effect until a 30-day notice has been given of the adoption of the ordinance; provided, however, that no license may be imposed under this section in an expanded police jurisdiction until the police jurisdiction expansion is effective under subsection (d) of Section 11-40-10. The notice given shall be the same as required for adoption of an ordinance under Section 11-45-8. Additionally, the 30-day notice shall be posted on the Atlas Alabama state website or any successor state-operated website providing information to businesses and, if the municipality maintains a website, the notice shall be posted on the website of the municipality. No ordinance may be enforced against an individual or entity affected by the ordinance unless the municipality has complied with the notice requirement provided in this section.

"(b) No calculation is shall be required to be made by the municipal officials or license officer for the cost of services to any particular business or classification of businesses within the police jurisdiction so long as the total amount of revenues from such the licenses collected in the police jurisdiction shall not be in is not an amount greater than the cost of services provided by the municipality to the police jurisdiction. Each municipality shall prepare an annual report which shall include an accounting of all revenues collected pursuant to this section and an itemization of the services provided by the municipality within the police jurisdiction. A copy of the annual report, which shall be completed within 90 days of the close of the fiscal year, shall be forwarded to the Office of Examiners of Public Accounts and shall be made available to the public.

"(c) When the place at which any such business, trade, or profession is done or carried on is within the police jurisdiction of two or more municipalities which levy the licenses thereon authorized by this section, such the licenses shall be paid to, issued, and collected by that municipality only whose boundary measured to the nearest point thereof is closest to such the business, trade, or profession. Provided further, that this This section shall not have the effect of repealing or modifying the limitations in this division article relating to railroad, express companies, sleeping car companies, telegraph companies, telephone companies, and public utilities and insurance companies and their agents. This section shall be given a liberal construction to effectuate its purpose and meaning.

§11-51-206.

"The council or other governing body shall have the authority to levy and assess by ordinance within the police jurisdiction of any said city municipality or town all taxes authorized by this article; provided, that said levy and assessment shall not exceed one-half the amount levied and assessed for like businesses, sales or uses conducted within the corporate limits, fees and penalties excluded. All taxes adopted pursuant to this section shall be uniformly levied and assessed. No levy or assessment shall take effect until a 30-day notice has been given of the adoption of the ordinance; provided, however, that no tax levy or assessment may be imposed under this section in an expanded police jurisdiction until the police jurisdiction expansion is effective under subsection (d) of Section 11-40-10. The notice given shall be the same as required for adoption of an ordinance in Section 11-45-8. Additionally, the 30-day notice shall be posted on the Atlas Alabama state website or any successor state-operated website providing information to businesses and, if the municipality maintains a website, the notice shall be posted on the website of the municipality. Each municipality shall prepare an annual report which shall include an accounting of all revenues collected pursuant to this section and an itemization of the services provided by the municipality within the police jurisdiction. A copy of the annual report, which shall be completed within 90 days of the close of the fiscal year, shall be forwarded to the Office of Examiners of Public Accounts and shall be made available to the public.

§11-52-30.

"(a) Except as otherwise provided herein, the territorial jurisdiction of any municipal planning commission shall include all land located in the municipality and all land lying within five miles of the corporate limits of the municipality and not located in any other municipality; except that, in the case of any nonmunicipal land lying within five miles of more than one municipality having a municipal planning commission, the jurisdiction of each municipal planning commission shall terminate at a boundary line equidistant from the respective corporate limits of such municipalities; provided further, that in. Any alterations of a municipal planning commission based upon annexation or deannexation of property within the corporate limits of a municipality shall occur once a year on the first day of October and shall take effect for any annexations which were finalized on or before the preceding first day of August. In all counties having a population of 600,000 or more according to the 1950 federal census or any succeeding decennial federal census, the county planning and zoning commission shall be invested with the authority, except and unless the municipality or municipalities in question are actively exercising zoning jurisdiction and control within the police or five mile jurisdiction or, in the case of a municipality subsequently incorporated, within 180 days from the date of its incorporation; provided, further, that in all counties having a population of 600,000 or more inhabitants according to the 1950 federal census or any succeeding decennial federal census, the county commission of the county may establish minimum specifications and regulations governing the lay-out, grading, and paving of all streets, avenues, and alleys and the construction or installation of all water, sewer, or drainage pipes or lines in any subdivision lying wholly or partly in areas outside the corporate limits of any municipality in the counties and relating to subdivisions lying within the corporate limits of any municipality in the counties which has declined or failed to exercise zoning jurisdiction and control as provided in this section.

"(b) A municipal planning commission, by resolution properly adopted regulation no later than the first day of August of any year, may provide that, effective on the first day of October, the territorial jurisdiction of the municipal planning commission shall include all land lying within a radius less than the five miles permitted by this section. The regulation resolution shall establish the territory within which the municipal planning commission will exercise jurisdiction to a boundary line equidistant from the corporate limits of the municipality, except, that in the case of any nonmunicipal land lying within the territorial jurisdiction of more than one municipality with a municipal planning commission exercising jurisdiction outside the municipal corporate limits, the jurisdiction of each municipal planning commission shall terminate at a boundary line equidistant from the respective corporate limits of each municipality. A copy of the resolution altering the territorial jurisdiction shall be forwarded to the county commission within five days of adoption. Additionally, nothing in this subsection shall be construed to alter the provisions of Article 5 of Chapter 49, which require a municipality to assume responsibility for roads annexed into the municipality under certain circumstances.

"(c)(1) If a county commission has adopted subdivision regulations pursuant to Chapter 24, those subdivision regulations shall apply to the development of subdivisions within the territorial jurisdiction of a municipal planning commission outside the corporate limits of a municipality and shall be regulated and enforced by the county commission in the same manner and to the same extent as other subdivision development governed by the county's subdivision regulations. Notwithstanding the foregoing, a county commission and the municipal planning commission may enter into a written agreement providing that the municipal planning commission shall be responsible for the regulation and enforcement of the development of subdivisions within the territorial jurisdiction of the municipal planning commission under the terms and conditions of the agreement. In order to be effective, the agreement shall be approved by a resolution adopted by the county commission, the municipal governing body, and the municipal planning commission of the municipality, respectively.

"(2) In those counties in which the county commission has adopted subdivision regulations pursuant to Chapter 24 and the municipal planning commission has been unsuccessful in reaching an agreement to exercise its jurisdiction as provided in subdivision (1), the governing body of the municipality and the municipal planning commission may override the county's enforcement of the regulation of subdivisions within the planning jurisdiction by fully complying with all of the following requirements:

"a. The municipal governing body and the municipal planning commission shall each adopt separate resolutions expressing intent to exercise jurisdiction over the construction of subdivisions initiated after the effective date of the resolutions, despite the county commission's objections to the exercise of that authority.

"b. The municipal planning commission shall at all times thereafter employ or contract with a licensed professional engineer who shall notify the county commission of the initiation of subdivisions; conduct inspections of the construction of the subdivision; and shall certify, in writing, the compliance with the subdivision regulations governing the development of the subdivision.

"c. The county commission shall retain the authority to require a performance and maintenance bond from the developer, consistent with the requirements for the bonds in the county subdivision regulations, which shall be payable to the county.

"d. The county commission shall retain the authority to execute on the bond to make necessary improvements to the public roads and drainage structures of the subdivision while it remains in the unincorporated area of the county.

"e. The municipal governing body and the municipal planning commission exercising the authority granted in this subsection may thereafter withdraw their exercise of jurisdiction over future subdivisions located outside the corporate limits of the municipality after not less than six months' notice to the county commission. After withdrawal, the municipal planning commission of the municipality may not reinstate the authority granted in this subsection for 24 months after the effective date of its withdrawal.

"(d) If a county commission has not adopted subdivision regulations pursuant to Chapter 24, the municipal planning commission shall have sole jurisdiction for the regulation and enforcement of the development of subdivisions within the territorial jurisdiction of the municipal planning commission.

"(e) If the municipal planning commission accepts responsibility for the development of a subdivision within its territorial jurisdiction as provided in subsection (c), the county commission shall not accept any roads or bridges within the subdivision for county maintenance unless the county engineer certifies to the county commission that the road or bridge meets the minimum road and bridge standards of the county. This section shall not apply to any roads or bridges which the county has accepted for maintenance prior to October 1, 2012.

"(f) If the county commission is responsible for the regulation and enforcement of a subdivision development within the territorial jurisdiction of a municipal planning commission outside the corporate limits of a municipality, the recording of any map or plat related to the subdivision shall be governed by Chapter 24.

"(g) If the municipal planning commission is responsible for the regulation and enforcement of a subdivision development within the territorial jurisdiction of the municipal planning commission outside the corporate limits of the municipality, no map or plat of any subdivision shall be recorded, and no property shall be sold referenced to the map or plat, until and unless it has been first submitted to and approved by the municipal planning commission, pursuant to Section 11-52-32 and its adopted procedures, and then certified by the county engineer or his or her designee as follows within 30 days of being submitted to the county engineer: "The undersigned, as County Engineer of the County of _________ of Alabama, hereby certifies on this ______ day of _____, 20___, that the _____________ Planning Commission approved the within plat for the recording of same in the Probate Office of _________ County, Alabama."

"(h) Approval by the county engineer pursuant to this subsection shall not constitute approval in lieu of or on behalf of any municipality with respect to subdivision development regulated and enforced by the municipal planning commission, wherein all maps or plats must be first submitted to and approved by the municipal planning commission or other appropriate municipal agency exercising jurisdiction over the subdivision.

"(i) Nothing in this section shall be interpreted as allowing a municipal planning commission or a municipality to exercise the power of eminent domain outside of its corporate limits.

"(j) Nothing in this section shall be interpreted as allowing a municipal planning commission or a municipality to levy taxes or fees outside of its corporate limits.

"(k) Nothing in this section shall limit or impair the authority of a municipality to regulate the construction of buildings within the police jurisdiction of the municipality, including, but not limited to, the issuing of building permits, the inspection of building construction, and the enforcement of building codes.

"(l) Nothing in this section shall be construed to grant the county commission or county engineer the authority to regulate subdivision development or approve maps or plats for any developments within the corporate limits of a municipality."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Annexation

Police Jurisdiction

Counties

Municipalities

Taxation

Code Amended