Alabama § 45-40-142.02 - Creation of Fire District; Request for Incorporation; Certificate of Incorporation.

§ 45-40-142.02. Creation of Fire District; Request for Incorporation; Certificate of Incorporation.

(a) A fire district may be created when the board of directors of a volunteer fire department submits a request to the county association to incorporate the department as a fire district, and the county association forwards the request to the county commission with a recommendation for approval.

(b) The request by a volunteer fire department to the county association shall include all of the following:

(1) A concise legal description of the service area of the proposed fire district, including a map delineating the fire district boundaries.

(2) Bylaws that provide for a board of directors, including the number, method of election, and governance, in accordance with the requirements adopted by the county association pursuant to Section 45-40-142.01 or as otherwise required by Section 45-40-142.04.

(3) The location of the fire district headquarters.

(4) A plan for dissolution of the fire district, including the distribution of fire district funds and property, in accordance with the requirements adopted by the county association pursuant to Section 45-40-142.01 or as otherwise provided by Section 45-40-142.14.

(5) A request by the board of directors of the volunteer fire department to the county commission that the county commission adopt a resolution that authorizes incorporation of the fire district.

(c) Upon adoption by the county commission of a resolution authorizing incorporation of a fire district, the board of directors of the volunteer fire department shall file with the judge of probate of the county a certificate of incorporation that shall include all of the following:

(1) The names of the individual board members organizing the district with a statement that each is a qualified elector of the county.

(2) The fact that the fire district is to be perpetual, subject to dissolution in accordance with the requirements adopted by the county association pursuant to Section 45-40-142.01 or as otherwise provided by Section 45-40-142.14.

(3) A copy of the request to create a fire district that was submitted to the county association and forwarded to the county commission, containing the information described in subsection (b).

(4) A certified copy of the resolution of the county commission authorizing incorporation of the fire district.

(5) A certificate from the Secretary of State that the proposed name of the fire district is not identical or nearly similar to that of any other corporation organized under the laws of the State of Alabama.

(6) The notarized signatures of the individual board members organizing the district as presented in subdivision (1).