HB 525

Relating to Tallapoosa County; to authorize the formation of the Willow Point Estates Road Maintenance District for the maintenance, repair, and construction of roads and bridges in Willow Point Estates; and to authorize the assessment of road maintenance charges on property owners for the purposes of the district.

Section 1

This act shall be operative in the Willow Point Estates as further defined and recorded in the office of the Judge of Probate of Tallapoosa County.

Section 2

This act shall be operative in the Willow Point Estates as further defined and recorded in the office of the Judge of Probate of Tallapoosa County. (1) DISTRICT. A district to be known as the Willow Point Estates Road Maintenance District created pursuant to this act for the purposes of assessing and collecting road maintenance charges for maintenance, repair, construction, and paving of roads, bridges, and rights-of-way and collection of debts in the Willow Point Estates as further defined in this section and recorded in the office of the Judge of Probate of Tallapoosa County. (2) QUALIFIED PROPERTY OWNER. A person, firm, corporation, or other legal entity which owns a lot or lots or a legal interest in a lot located in the Willow Point Estates and legal ownership as evidenced by a properly recorded deed in the Office of Judge of Probate of Tallapoosa County. (3) QUALIFIED VOTER. A qualified property owner identified as such in the most recent tax assessment rolls in Willow Point Estates. For purposes of any election under this act, each lot shall be entitled to one vote. If a qualified property owner is not a natural person, that qualified property owner must designate in writing a natural person as its voting representative. (4) WILLOW POINT ESTATES. All recorded phases and lots in the subdivisions known as Willow Point Estates or Willow Point recorded in the office of the Judge of Probate of Tallapoosa County, which includes, but are not limited to the following: (1) Willow Point Estates - Phase 1, Plat Book 5, 6, 06/22/1972. (2) Willow Point Estates - Phase 3, Plat Book 5, 1, 08/23/1972. (3) Willow Point Estates - Phases 2-4 and 5, Plat Book 6, , 08/01/1973. (4) Willow Point Estates - Phase 6, Plat Book 56, 0, 05/27/1977. (5) Willow Point Estates - Phase 7, Plat Book 7, , 03/03/1986. (6) Willow Point Estates - Amended Phase 6, Lots 37 and 39, Plat Book 7, , 12/09/1986. (7) Willow Point Estates - Phase 7A, Lot 22, Plat Book 7, , 01/28/1987. (8) Willow Point Estates - Phase VIII, Plat Book 7, , 04/02/1987. (9) Willow Point Estates - Phase VII B, Plat Book 7, , 05/20/1987. (10) Willow Point Estates - Phase VII C, Plat Book 7, , 01/19/1988. (11) Willow Point Estates - Amended Phase VII C, Plat Book 7, 8, 02/16/1989. (12) Willow Point Estates - Phase IX, Plat Book 7, 8, 07/31/1990. (13) Willow Point Estates - Phase X, Plat Book 7, 2, 09/26/1990. (14) Willow Point Estates - Phase 2-A (Being a Replat of Lots 15 and 16, Block A, Willow Point Estates at Plat Book 6, ), Plat Book 8, , 05/21/1993. (15) Willow Point Estates - Phase Six "B", Plat Book 8, , 02/06/1997. (16) Willow Point Estates - Replat of Lot 17, 18, and 19 Willow Point Estates, Phase II 4 and 5, Plat Book 9, , 09/15/1999. (17) Willow Point Estates - Phase 3A, (Being a Replat of Lot 7 of Willow Point Estates at Plat Book 5, Page 201), Plat Book 10, , 01/17/2002. (18) Willow Point Estates - Resurvey of Lot #1, Phase 1, Plat Book 10, , 07/16/2003. (19) Willow Point Estates - Phase II-B, (Being a Replat of Lots 1-6, Willow Point Estates, Block C, Phase 2, at Plat Bk 6, ), Plat Book 10, , 12/15/2003. (20) Willow Point Estates - Phase VII-D, (Being a Replat of Lots 20 and 21 of Willow Point Estates, Phase VII at Plat Bk 7, ), Plat Book 12, , 06/08/2016. (21) Willow Point - Phase XI, Plat Book 8, , 06/19/96. (22) Willow Point - Phase XII, Plat Book 8, , 06/19/96. (23) Willow Point - Phase XII-A, Plat Book 10, Page 56, 04/23/04. (24) Glynmere at Willow Point, Plat Book 11, Page 22, 11/04/05.

Section 3

A district for road maintenance to be known as the Willow Point Road Maintenance District may be established in Tallapoosa County in Willow Point Estates in the manner provided in this act.

Section 4

(a) Upon a petition being filed in the Office of the Judge of Probate of Tallapoosa County, the judge of probate of the county shall order an election to be held in the proposed district on the question of the formation of the district. (b) The petition shall be signed by 30 qualified voters within the boundaries of the Willow Point Estates. The petition shall include the names of five proposed members of the initial board of directors and the amount of the initial proposed annual road maintenance charge. Notwithstanding the foregoing, the district shall not be established unless the owner of the roads in Willow Point Estates, with the exception of subdivision (24) Glynmere at Willow Point, joins in the petition and agrees to transfer ownership of the roads to the district in the event that the district is created. (c) When filed in the Office of the Judge of Probate of Tallapoosa County, the petition shall be accompanied by a filing fee in the amount of five hundred dollars ($500) to be applied to defray the costs of compiling a list of qualified voters. (d) The petition shall contain the description of the area proposed to be established as a district, shall state the name of the proposed district and the amount of the proposed initial annual road maintenance charges, and shall request the Judge of Probate of Tallapoosa County to call an election on the following question: Shall there be created a road maintenance district for Willow Point Estates?

Section 5

When a petition for the holding of an election is filed with the judge of probate, the judge of probate shall order the election sought by the petition to be held on a day not less than 60 days nor more than 180 calendar days from the date on which the judge of probate enters the order. An election pertaining to the establishment of a district or portion thereof may not be held more often than once every year.

Section 6

The election laws governing the furnishing of supplies, appointment of election officers, absentee balloting, and canvassing returns at a general election shall apply to any election conducted by the judge of probate and held pursuant to this act. The election may be conducted by paper ballot.

Section 7

The judge of probate shall give notice of an election held under this act by publishing for three weeks, at least once a week, on the same day of each week, in a newspaper of general circulation in the territory where the election is to be held. The notice shall state the day when the election will be held and the question to be submitted to the qualified voters of the district.

Section 8

(a) When an election is held on the question of the establishment of a district, the County Commission of Tallapoosa County shall pay for the necessary expense of advertising and conducting the election out of the general funds of the county. If the district is established, the district shall reimburse the county for the expenses incurred by the county with respect to the election. (b) After a district has been established, the district shall pay the county commission the expense of any election conducted by the judge of probate and held in the district.

Section 9

No district shall be created unless it is approved by the majority of the qualified voters voting in the proposed district. Upon the officers canvassing the returns of the election certifying that the creation of the district was approved by the majority of the qualified voters voting in the election, the proposed district shall be created and constitute a public corporation upon filing of incorporation papers pursuant to Section 10. The Judge of Probate of Tallapoosa County shall certify the results of the election to the Secretary of State. Section 10. (a) The affairs and business of the district shall be managed by a board of directors. The initial members of the board of directors shall be the persons included in the petition. The board shall file incorporation papers with the judge of probate. After incorporation, the board shall adopt bylaws of the corporation. (b) The term of the initial members of the board shall be 12 months. (c) In order to elect the members of the board of directors thereafter, the initial board shall set an election to be held at a meeting of the district in accordance with the bylaws. Notice of the meeting shall be given as provided in the bylaws. At the meeting, five board members shall be elected by the qualified voters of the district. In order to qualify for election to the board, the person shall be a qualified property owner, or if the qualified property owner is not a natural person, a natural person designated in writing by the qualified property owner. Two members shall be elected for two year terms and three members shall be elected for three year terms. Prior to the expiration of any board member's term, notice of a meeting of the district to elect a successor shall be provided in accordance with the bylaws. Successor board members shall be elected for terms of two years each. Board members may serve successive terms without limitation. (d) If a vacancy occurs on the board, the board shall appoint a member who meets the qualifications set out in this section for membership on the board to serve for the unexpired term. (e) The board of directors shall elect annually from its members a president, a secretary, and a treasurer. (f) The members of the board of directors shall not be entitled to any compensation for their services. Section 11. (a) The district shall constitute a public corporation, which, subject to the bylaws of the corporation, shall have the power to do any and all acts or things necessary and convenient for carrying out the purposes for which it is created, including, but not limited to, all of the following: (1) To sue and be sued. (2) To have a seal and alter the same at pleasure. (3) To acquire, hold, and dispose of property, real and personal, tangible and intangible, or interests therein and to pay therefor in cash or on credit, and to secure and procure payment of all or any part of the purchase price thereof on the terms and conditions as the board shall determine. (4) To acquire, own, operate, maintain, and improve a system of roads and bridges and rights-of-way in the district. (5) To pledge all or any part of its revenues, or mortgages, or otherwise encumber, all or any part of its property for the purpose of securing the payment of the principal of and interest on any of its obligations. (6) To sell, lease, mortgage, or otherwise encumber or dispose of all or any part of its property, as hereinafter provided and to establish and maintain bank accounts for the district. (7) To contract debts, borrow money, and to issue or assume the payment of obligations. (8) To levy and collect road maintenance charges as provided in this act, subject to the other provisions of this act. (9) To negotiate and enter into contracts for road, bridge, and right-of-way maintenance with any entity. (10) To employ agents, servants, and attorneys. (11) To take other actions reasonable and necessary to effectuate the purposes of the corporation. (12) To perform all of the foregoing acts and to do any and all of the foregoing things under, through, or by means of its own officers, agents, and employees, or by contracts with any person, company, corporation, federal agency, or municipality. (b) The property and income of the district, conveyances by or to the district, and leases, mortgages, and deeds of trust by or to the district shall be exempt from all taxation in the State of Alabama. The district shall be exempt from all taxes levied by any county, municipality, or other political subdivision of the state, including, but without limitation to, license and excise taxes imposed in respect of the privilege of engaging in any of the activities that a district may engage in. The district shall not be obligated to pay or allow any fees, taxes, or costs to the judge of probate with respect to its incorporation, the amendment of its certificate of incorporation, or the recording of a document. Section 12. (a) Any road maintenance charge shall be collected on behalf of the district by the Revenue Commissioner of Tallapoosa County and distributed to the board of the district for the purposes of the district. (b) The expenses of establishing and maintaining the district shall be paid for by the proceeds of the road maintenance charge, which shall be assessed and collected from qualified property owners within the district. The revenues collected from the district, less any costs of collection, shall be used for maintenance, construction, repair, and paving of roads, bridges, and rights-of-way in the district. The road maintenance charge shall be a legal obligation of the owner of the property served by the district and shall be due at the same time as the annual property tax payment. (c) To secure the collection of the road maintenance charge, there shall be a lien against the property in favor of the district. The board of directors of this district may enforce the lien pursuant to Alabama law. Any costs of collections, including any legal expenses and court cost, shall be an obligation of the owner or owners of the lot if enforcement of the lien enforcement is necessary. The district shall be bonded for an amount sufficient to cover three times the total revenue to be collected from road maintenance charges on an annual basis. Section 13. (a) Any future road maintenance charge increase or decrease must be approved as provided herein and as further provided in the bylaws. The petition for the election on the question of any future increase or decrease in the road maintenance charge shall be signed by 30 qualified voters in the district and shall state specifically the increase or decrease in the road maintenance charge proposed to be assessed including the basis and manner to be assessed. (b) No road maintenance charge shall be increased or decreased unless the same has been first approved by a majority of the votes cast by the qualified voters, with each lot having one vote, in the district at an election held under this act at a meeting of the district held in accordance with the bylaws of the district. Section 14. (a) The district may be abolished in the manner provided for in this section; however, the district shall not be abolished or diminished when it has any indebtedness. In addition, the district shall not be abolished unless the county has agreed to accept all roads in the district as county roads or another road maintenance district agrees to accept the roads. (b) Upon the petition for abolition of the district being filed with the judge of probate, the judge of probate shall order an election on the abolition of the district to be held in the district within the time provided for by Section 4. The qualified voters shall be entitled to vote in the election. The petition shall be signed by at least 125 qualified voters of the district. The petition shall contain a recital that the district is not indebted and that the county or another road maintenance district has agreed to accept the roads in the district, and the petition shall request the judge of probate to order an election on whether the district shall be abolished. Upon the officers canvassing the returns of the votes and a determination that abolition of the district was approved by a majority of the qualified voters at the election with each lot having one vote, the district shall be abolished. Section 15. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains. Section 16. All laws or parts of laws which conflict with this act are repealed. The provisions of this act are supplemental and shall not be construed to repeal any law not in direct conflict herewith. Section 17. This act shall become effective upon the ratification of a constitutional amendment related to Tallapoosa County authorizing the establishment of a road maintenance district composed of certain platted subdivisions in the county.