(a) As used herein the following terms shall have the meanings hereby ascribed to them:

Terms Used In Alabama Code 45-37-140.06

  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probate: Proving a will
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) DISTRICT. A district for fighting fires, a district for garbage disposal, or a district for fighting fires and garbage disposal.
(2) FIRE STATION. A fire station maintained in a district or a fire station within a proposed district being maintained and operated at the time the petition for an election on the proposed district is filed in the office of the judge of probate.
(3) PROPOSED AREA. An area which it is proposed be brought within a district by enlargement of the district.
(4) PROPOSED DISTRICT. An area for which it is proposed that there be established a district.
(b) Not more than 35 days and not less than 20 days before any election is held under this article the judge of probate shall publish one time a notice thereof in a newspaper of general circulation in the territory where the election is to be held. The notice shall state all of the following:

(1) The date of the election.
(2) The question or questions to be submitted at the election.
(3) A recital that the description of the proposed district or proposed area has been filed in the office of the Judge of Probate of Jefferson County, if the election is on a proposed district or a proposed area.
(4) A recital that a description of the proposed district or proposed area has been posted in each fire station, and a recital of the location of any such fire station, if there is a fire station and if the election is on a proposed district or proposed area.
(5) A recital that the proposed service charge has been filed in the office of the Judge of Probate of Jefferson County, if the election is on levying a service charge.
(6) A recital that the proposed service charge has been posted in each fire station and a recital of the location of such fire station, if there is a fire station and if the election is on levying a service charge.
(c) The notice published by the judge of probate shall not be required to contain a legal description or metes and bounds description of any proposed district or proposed area. Such notice shall refer to any existing district by name and to any proposed district by the name of the proposed district stated in the petition for the election.
(d) For the purpose of giving notice the judge of probate shall be authorized to accept the assurance given to him or her by one or more persons filing the petition that the description of the proposed district or the proposed area, or the proposed service charge, has been posted in the fire station, or fire stations, as required hereby. Such assurance shall be written, or typed, and shall be over the signature of a person having personal knowledge that the description of the proposed district or proposed area or the proposed service charge has been posted in a conspicuous place in the fire station or fire stations. The notice of an election on levying a service charge shall not be required to set forth in full the proposed ordinance or regulation levying the charge; but it shall be sufficient if the notice summarizes the amount, or the rate, of the charge.