Alabama § 45-58-140.12 - Original Service Charge.

(a) The original service charge shall be levied only after the charge has been first approved by a majority of the votes cast at an election held by the qualified electors residing within the proposed district. Thereafter, a district may increase the charge after an election pursuant to subsection (b) or by action of the board of trustees without an election on an annual basis by an amount not to exceed five percent of the preceding year’s service charge.

(b) An election on the question of levying service charges 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 charges accompanies the petition for the election on the establishment of the proposed district as is provided for in Section 45–58–140.03. An election on the question of service charges, other than an election coincident to the creation of the district, may be held upon the board of trustees of a district submitting to the judge of probate a petition for the election as herein provided. The board of trustees shall file in the office of the judge of probate a petition to call an election in the district on the question of whether the service charges proposed by the trustees shall be levied. This petition shall state specifically the charges proposed to be levied. The petition may request that an election be held on one or more proposed charge classification. Additionally, a petition submitted by the trustees shall contain a report that indicates the nature and extent of fire and emergency medical service that is proposed to be supported by all proposed service charges in effect if the petition is approved by the electors; and a certification by the trustees that the service charges proposed, together with service charges otherwise in effect, shall also provide for the interest and maturities on all outstanding debt of the district.

(c) Upon the petition being filed with the office of the judge of probate, the judge of probate shall order an election to be held as provided for by Section 45–58–140.04. Notice of the election shall be given as provided for in Section 45–58–140.06.