45-37A-52.02
Section 45-37A-52.02 Call of election. The mayor or other chief executive officer of such city
shall immediately upon receipt of such certificate from the judge of probate, by proclamation,
submit the question of the adoption of the mayor-council form of government for such city,
under this part, at a special election to be held at a time specified in such proclamation,
not less than 40 days and not more than 60 days after the receipt of the certificate from
the judge of probate, unless a general or regular election is to be held within 90 days after
receipt of such certificate, in which event the special election herein provided for shall
be held at the same time as such general or regular election. Should the election not be called
by proclamation within 10 days after receipt of the certificate, the judge of probate shall
call such election by order at a time specified therein but not less than 40 days and not
more than 60 days after the receipt by the mayor or other chief executive...
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45-49-140.13
Section 45-49-140.13 Abolition of district. (a) Any district may be abolished in the manner
provided for in this section; provided, however, that no district shall be abolished or diminished
when it has any indebtedness. (b) Upon the petition for abolition of a district, 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 within the time provided for by Section 45-49-140.02. The qualified
electors residing within the district shall be entitled to vote in the election. The petition
shall be signed by at least 100 qualified property owners of the district. It shall contain
a recital that the district is not indebted, and it 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...
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45-49-140.12
Section 45-49-140.12 Enlargement of district. (a) A district may be enlarged, provided, that
no area lying within a municipality at the time of the enlargement shall be brought within
the district. (b) No area shall be brought within a district by enlargement unless the majority
of the votes cast at the election provided for by subsection (c), approve the inclusion of
the area within the district and also approve every service charge in effect within the district
at the time of election. (c) The term proposed area, as used in this subsection, means an
area proposed to be brought within a district by enlargement of the district. When the board
of trustees of a district determines that the inclusion of a proposed area within the district
would be to the advantage of the district and also to the advantage of the majority of the
property owners of the proposed area, the board of trustees may file in the office of the
judge of probate a petition, signed by two-thirds of property owners,...
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45-31-141.12
Section 45-31-141.12 Approval of service charge or fee. (a) No service charge or fee shall
be levied unless the same has first been approved by the majority of the votes cast at an
election held hereunder by the qualified electors residing within the district, or within
the proposed district. (b) An election on the question levying a service charge or fee in
a proposed district may be held at the same time that the election is held on the creation
of the district; provided that the petition for the election on the question of the service
charge or fee accompanies the petition for the election on the establishment of the proposed
district as provided herein. An election on the question of a service charge or fee may be
held upon the board of the district submitting to the judge of probate a petition for an election
as provided. The board shall file in the office of the judge of probate a petition that he
or she call an election in the district on the question of whether the service...
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45-49-140.11
Section 45-49-140.11 Service charges - Election. (a) No service charge shall be levied unless
the same has been first approved by the majority of the votes cast at an election held hereunder
by the qualified electors residing within the district, or within the proposed district. (b)
An election on the question of levying a service charge in a proposed district may be held
at the same time that the election is held on the creation of the district, provided that
the petition for the election on the question of the service charge accompanies the petition
for the election on the establishment of the proposed district as provided in Section 45-49-140.02.
An election on the question of a service charge may be held upon the board of trustees of
a district submitting to the judge of probate a petition for such election as hereinafter
provided. The board of trustees shall file in the office of the judge of probate a petition
that he or she call an election in the district on the question of...
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11-41-2
Section 11-41-2 Notice of filing; determination of statutory compliance; objections; ordering
and notice of election; contest of election. (a) Upon the filing of the verified application
with the judge of probate, the judge of probate shall give notice of the filing of the application
by publication in one or more newspapers published in the county, if there are any, that an
application to the judge of probate has been submitted and that the judge of probate will
determine if the application complies with Section 11-41-1, and that further notice will be
given for the filing of any objections. (b) The judge of probate shall have a reasonable period
of time, not to exceed 45 days, within which to ascertain compliance with Section 11-41-1.
If the judge of probate determines that the application does not comply with Section 11-41-1,
the judge of probate shall enter an order to that effect, which order shall be sent in accordance
with the Alabama Rules of Civil Procedure. The order shall...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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11-42-100.1
Section 11-42-100.1 Mode of consolidation - When municipality to annex city or town. (a) When
two or more municipalities lying contiguous to each other desire to consolidate and operate
as one municipality, they may do so by proceeding in the manner hereafter provided in this
section. (b) If it is the purpose to annex a city or town to another municipality, then the
governing body of each city or town shall adopt an ordinance expressing a willingness to such
annexation. After both ordinances are passed and published as provided for by law, the governing
body of the municipality to be annexed shall, by resolution submit the question of annexation
at a special election to be held at a time specified in such resolution, not less than 40
days nor more than 90 days after passage of the last adopted willingness ordinance or at a
time otherwise specified by law. No other proposition may be on the ballot. Said election
shall be held pursuant to the general municipal election laws. (c) In...
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45-37-72.27
Section 45-37-72.27 Statement of candidacy; petition. (a) No primary election shall be held
to nominate a candidate to fill a vacancy under this subpart. At any election held under this
subpart no person's name shall appear on the ballot as a candidate for the office to be filled
at the election unless such person has filed in the office of the judge of probate of the
county within the time and in the forms prescribed in subsection (b) his or her statement
of candidacy and the petition signed by a least 100 qualified electors of the commission district
requesting that such person become a candidate for the office. (b) Any person desiring to
become a candidate at any election may become such candidate by filing in the office of the
judge of probate of the county such person's statement in writing of such candidacy, accompanied
by such person's affidavit taken and certified by such judge of probate, or by a notary public,
that such person is duly qualified to hold the office for which...
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45-8A-110
Section 45-8A-110 Annexation based on resolution of public health or public good; elections.
(a) Whenever the council of the City of Oxford shall pass a resolution to the effect that
the public health or public good requires that certain territory (described in the resolution)
shall be brought within the limits of the City of Oxford: (1) It shall be the duty of the
mayor to certify a copy of such resolution to the Judge of Probate of Calhoun County and the
certified resolution shall have attached thereto a plat or map of the territory proposed to
be annexed, which certified resolution and plat or map shall be filed by the judge of probate.
(2) Within 10 days from the date of the filing of such resolution, the judge of probate must
make and enter an order upon the minutes of the court, directing and ordering an election
to be held by the qualified electors residing within the territory described, not less than
20 days nor more than 40 days from the date of the making of the order. The...
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