AL Code § 45-41-141.02 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 41 - Lee County.|Article 14 - Fire Protection and Emergency Medical Services.|Part 2 - Fire Fighting Districts.|Section 45-41-141.02 - Establishment of Districts.

Section 45-41-141.02Establishment of districts. (a) The commission is hereby authorized at any time and from time to time to establish one or more districts within the boundaries of the county, to fix the boundaries of any such district, and, subject to applicable provisions of this part, to alter the boundaries of any such district. No territory within the corporate limits of any municipality as of the date on which the boundaries of any district are so fixed or altered by the commission may be included within the boundaries of such district except upon authorization by the governing body of such municipality expressed in a resolution duly adopted by such governing body and describing the territory that may be so included within the boundaries of such district except upon authorization by the governing body of such municipality expressed in a resolution duly adopted by such governing body and describing the territory that may be so included within such district (a certified copy of which resolution shall, promptly after the adoption thereof, be delivered to the commission). The governing body, at any time after having so authorized the inclusion of such territory within the boundaries of such district, may by resolution duly adopted request the commission to exclude all or any portion of such territory from such district; and the commission, as promptly as practicable after the delivery of a certified copy of such resolution to it, shall take such action as shall be necessary to alter the boundaries of such district so as to exclude such territory therefrom and to ratify and confirm the exclusion of such territory from such district including, without limitation, the filing of a description or appropriate map or maps in accordance with subsection (d), subject, however, in any event to Section 45-41-141.07. (b) No territory forming a part of the service area of any fire protection corporation, as of the date on which the boundaries of any district are so fixed or altered, may be included within the boundaries of such district if fire protection, fire prevention, and related services are then being provided or rendered within such territory by or on behalf of such fire protection corporation; provided, however, that if, subsequent to the establishment or alteration of the boundaries of any district by the commission as aforesaid, such fire protection corporation ceases to provide such fire protection, fire prevention, and related services within any such territory, the commission, in accordance with Section 45-41-141.04, may include such territory in one or more districts. Furthermore, any territory that has lawfully been included in a district and that also forms a part of the service area of a fire protection corporation shall continue to be included within such district, and any financial charge then authorized hereunder to be levied and collected within such territory shall continue to be so levied and collected, notwithstanding that such fire protection corporation undertakes, subsequent to the establishment or alteration of the boundaries of such district, to provide or to render fire protection, fire prevention, and related services within such territory; it being understood, however, that the commission may at any time thereafter alter the boundaries of such district or exclude such territory therefrom, in accordance with the provisions of Section 45-41-141.04. (c) The boundaries of each district heretofore established by the commission pursuant to Amendment 392, as such boundaries exist as of May 2, 1989, shall be and hereby are ratified and confirmed in all respects, it being understood, however, that such boundaries may hereafter be altered by the commission in accordance with applicable provisions of this part. Within a reasonable time after May 2, 1989, the commission shall (if it has not theretofore done so) assign an appropriate number to each district heretofore established by it; and the commission, in any resolution or resolution and order hereafter adopted by it to provide for the establishment of a district hereunder, shall assign an appropriate number to such district. (d) The commission, within a reasonable time after the establishment of any district or any alteration of the boundaries thereof, shall file or cause to be filed, in the office of the judge of probate of the county, a description or appropriate map or maps clearly showing the boundaries of such district, as so established or altered, the area within such boundaries, or both such boundaries and such area. (Act 89-390, p. 747, §3.)