Alabama Advisory Opinions April 05, 1982: AGO 82-00281 (April 05, 1982)

Advisory Opinion Text

James R. Solomon, Jr. Deputy Attorney General

Walter B. Turner Chief Assistant Attorney General

William M. Bekurs, Jr. Executive Assistant

Janie Nobles Administrative Assistant

Mr. John V. van Pelt, III

Trustee and Treasurer

North Shelby County Fire

and Emergency Medical District

P. O. Box 441

Pelham, Alabama 35124

Fire Districts - Probate Judges -Elections

Contents of petition for election on question of changes in service charges in existing classifications as well as classifications to be created must comply with Section 13, Act No. 79-369, Acts of Alabama (1st Spec. Sess. 1979)

Dear Mr. van Pelt:

The Attorney General has asked me to respond to your opinion request wherein you inquire as to the correct procedure for petitioning the Probate Judge of Shelby County to hold an election on the question of changing the schedule of service charges in effect in your district and establishing a new classification and service charge for property of certain utilities located within the district.

Section 13, Act No. 79-369, Acts of Alabama (1st Spec. Sess. 1979) provides that the Board of Trustees of the district must file a petition to call an election on the proposed service charges. The petition must be specific and it may request an election on one or more than one proposed service charge classification. Thus, when the Board of Trustees desires to change one or more existing service charges, the petition to the Probate Judge need only speak to the changes proposed. Accordingly, it is the opinion of this office that only those existing service charge classifications proposed to be changed need be advertised. However, your request also mentions the establishment of a new classification and service charge. It is the opinion of this office that the petition must include definitions of all relevant terms in the new classification and that this information, together with the proposed service charge must be Published as required by Section 7, Act No. 62, Acts of Alabama (1st Spec. Sess. 1977).

I hope this answers vour questions. If this office may be of further service to you, please call upon us.

Sincerely yours,

CHARLES A. GRADDICK ATTORNEY GENERAL

ALGERT S. AGRICOLA, JR. ASSISTANT ATTORNEY GENERAL