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5  A BILL

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7  TO BE ENTITLED

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9  AN ACT

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11    To propose an amendment to the Constitution of Alabama of 1901, relating to Baldwin

12  County, to provide for the establishment and operation of community heritage districts.

13   

14  BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

15  Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and

16  shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

17  PROPOSED AMENDMENT

18  Article 1. Purpose of Community Heritage District.

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20  The legislature finds that there is a need to provide methods and procedures to create and

21  recognize areas where unincorporated communities exist. These Community Heritage Districts

22  may include areas where these settlements have been traditionally recognized, or they may

23  include areas of new development. Many of these communities wish to stay independent and
  

24  autonomous from municipal government and the establishment of a Community Heritage

25  District would limit the municipal extraterritorial powers and annexation. Further, these

26  procedures may also provide a precursor to the incorporation of the Community Heritage District

27  if the affected area so desires.

28  Article 2. Definition.

29  A Community Heritage District is a method of preserving and maintaining an unincorporated

30  community’s quality of life, character, identity and independence so that the area’s residents and

31  businesses may rely on the logical growth of local government affecting them, or to allow the

32  community’s incorporation if desired. For the purposes of this definition, “community” shall be

33  defined as: A locality in which a body of people resides in more or less proximity having

34  common interests which bind together the people of the area, and where the people are

35  acquainted and mingled in business, social or recreational activities. It often incorporates

36  development in a more compact form that might otherwise occur in scattered clusters. A

37  community typically has a recognizable center, discrete physical boundaries, and a pedestrian

38  scale and orientation. This term does not refer to the form of incorporation of a municipality. It

39  is an unincorporated community which consists primarily of permanent residential dwellings but

40  also has at least two other land uses that provide commercial, industrial, or public uses (including

41  but not limited to schools, churches, community halls, post offices, fire stations, parks) to the

42  community, the surrounding area, or to persons traveling through the area.

43  Article 3. Boundaries Established

44  The boundaries of a proposed Community Heritage District must be clearly designated and

45  declared and must meet the following criteria:

  

46  (a) The area encompassed must be contiguous.

47  (b) The proposed district must include at least 100 persons125 qualified electors and 75

48  permanent dwellings.

49  (c) Area must form a homogeneous settlement or community.

50  (d) The area encompassed cannot include any areas within the corporate limits of any of

51  Baldwin County’s municipalities.

52  Article 4. Petition

53  (a) The petition shall be accompanied by an accurate map which shall show the boundary of

54  the area proposed to be encompassed within the district.

55  (b) No Community Heritage District shall be established until a majority of qualified electors

56  of the affected area voting in an election shall have voted their desire to create a

57  Community Heritage District. In order to call for a referendum in the district, a petition

58  containing the signatures of at least ten percent (10%) of the qualified electors residing in

59  the district must be obtained by the method provided herein.

60  (c) A petition must be circulated within the district for signatures and then be submitted to

61  the Baldwin County Commission by a three (3) five (5) person committee comprised of

62  qualified electors residing within the proposed district boundaries. The committee

63  members must provide any necessary contact information, including name and address,

64  to the County Commission and Judge of Probate.

  

65  (d) A valid petition shall be in the following form: “The following qualified electors of

66  (insert name of community) hereby petition the Baldwin County Commission to call for a

67  referendum for the establishment of a Community Heritage District.”

68  (e) The petition shall contain the printed name, address and corresponding signature of each

69  petitioner. Each signature shall be dated as of the day of its execution, the last signature

70  dated no later than one hundred eighty (180) days from the first signature.

71  (f) A petition which lacks the required number of signatures may be amended once if the

72  committee files notice with the Probate Judge and the Baldwin County Commission to

73  amend within 5 business days of receiving written notice of deficiency of petition from

74  either the Baldwin County Commission or Judge of Probate. The committee must file the

75  amended petition within fourteen (14) days of the notice of a deficient petition. The

76  amended petition must follow the same requirements as the originally filed petition.

77  (g) The Baldwin County Commission and the Judge of Probate of Baldwin County shall

78  certify or reject the accuracy of the petition and provide written notice to the committee

79  of the status of said petition no later than 45 days of the submission of an original petition

80  or the submission of an amended petition by the committee.

81  (h) Once a petition has been filed with the Baldwin County Commission or the Judge of

82  Probate, no municipality shall annex within the boundaries of the proposed district until

83  the original and/or amended petition has been rejected by the Baldwin County

84  Commission and Judge of Probate or until an unsuccessful referendum occurs.

85  Article 5. Referendum.

  

86  (a) Upon certification of the original petition or amended petition, the Judge of Probate of

87  Baldwin County shall provide for an election within that district no later than 90 days

88  after certification. All costs for the election shall be paid from the General Fund of

89  Baldwin County.

90  (b) The County Commission shall advertise the referendum in accordance with Article 10 (b)

91  of this Amendment, with the question of the creation of the district shall be placed before

92  the qualified electors in substantially the following form: “Should the (name of the

93  district and containing a legal description of the district) be created.” The qualified

94  elector shall vote “Yes” or “No.”

95  (c) If a majority of the qualified electors vote in the negative in the election, then the area

96  shall not be designated as a Community Heritage District and the qualified electors of the

97  district shall not be eligible to petition for another election until one year from the date of

98  the last election. If the majority of qualified electors vote in the affirmative, then the area

99  shall be designated as a Community Heritage District.

100  Article 6. Review

101  The establishment of a Community Heritage District will be effective for a period of ten (10)

102  years. Within three (3) months from the end of the effective period, the district Advisory

103  Committee must provide a report to the County Commission demonstrating the following:

104  a. Desire to continue the district

105  b. Public benefit and need which justifies the continued existence of the district

106  c. The effectiveness of the district in meeting the objectives of the legislation
  

107  The County Commission shall hold a public hearing on the report. If a municipal corporate limit

108  is within three (3) miles of a Community Heritage District, said report must be sent to the

109  municipality to solicit comments. After a public hearing and comments have been considered,

110  the County Commission shall then transmit the report to the local Legislative Delegation with a

111  recommendation to:

112  1. Continue the district without modification

113  2. Continue the district with modification and state those recommended modifications, or

114  3. Terminate the district.

115  The Local Legislative Delegation may choose:

116  1. No action on the district

117  2. Modification of the district, or

118  3. Terminate the district.

119  No action by the delegation within one (1) month of receipt of report from the County

120  Commission shall constitute a re-authorization for the district for a period of ten (10) years with

121  another review per Article 6. Modifications of the district may include a reduced or effective

122  period, otherwise the district shall be deemed re-authorized. Modifications or terminations of the

123  Community Heritage District may be accomplished by local acts.

124  Article 67. Advisory Council Committee.

125  (a) Once a Community Heritage District has been formed, the Baldwin County Commission

126  shall appoint a three (3) five (5) person Advisory Council Committee.
  

127  (b) Each person appointed must be a qualified elector residing within the community

128  boundaries. Terms of appointment shall be staggered. The initial terms of appointment

129  shall be:

130  Place 1 appointment shall hold a one (1) year term,

131  Place 2 appointment shall hold a two (2) one (1) year term, and

132  Place 3 appointment shall hold a three (3) two (2) year term,

133  Place 4 appointment shall hold a three (3) year term, and

134  Place 5 appointment shall hold a four (4) year term,

135 

136  From thence the terms shall be four (4) years. All Advisory Council Committee members

137  shall be appointed by the Baldwin County Commission and shall serve without

138  compensation.

139 

140  (c) In the event that a member of the Advisory Council Committee becomes ineligible

141  pursuant to Article 67 (b) of this Amendment, the Baldwin County Commission shall

142  appoint a member to fulfill the remaining term of appointment. The County Commission

143  may remove an Advisory Council Committee member for cause upon written charges and

144  after a public hearing.

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146  (d) The role of the Advisory Council Committee is advise the County Commission on issues

147  which may affect the community. The Advisory Council Committee may provide input

148  on improvements and work with County staff to develop such improvement plans. In

149  addition, for those areas which have elected to come under the planning and zoning
  

150  authority of the Baldwin County Commission, any zoning request, other than variances,

151  within the community or within one (1) mile of the community boundaries, must be

152  provided to the Advisory Council Committee for comment. Advisory Council

153  Committee comments must be presented to the Planning and Zoning Commission and

154  County Commission for consideration.

155 

156  Article 78. Merger.

157  (a) If it is desired to combine two or more Community Heritage Districts into one (1) single

158  Community Heritage District, a majority of the Advisory Councils Committee members

159  from each affected district shall make a written request to the County Commission of

160  such action.

161  (b) The County Commission shall provide public notice and hearing pursuant to Article 1011

162  (b) of this Amendment. A consolidation may occur upon a majority vote of the County

163  Commission.

164  (c) Within sixty (60) days of such action, the County Commission shall appoint an Advisory

165  Council Committee for the District in the same manner found in Article 67 (b) of this

166  Amendment.

167  (d) The new Advisory Council Committee shall rename recommend a name for the district

168  and transmit such information to the County Commission.

169  Article 89. Enlargement.

170  In order to enlarge the community boundary, a majority of the Advisory Council Committee

171  members of the community must submit a written request to the County Commission, along with

172  written consent from the affected property owner(s). Said request must clearly show the current
  

173  community boundary and areas which are requested to be included. Such request must also be

174  consistent with Article 3 of this Amendment regarding creation. No additional areas shall be

175  included in the community until a public notice is given in accordance with Article 1011 (b) of

176  this Amendment and a public hearing is held before the County Commission. The County

177  Commission must approve the enlargement with a majority vote.

178  Article 910. Dissolution.

179  (a) A Community Heritage District may be dissolved by following the procedures

180  established in Article 3, 4 and 5 of this Amendment or by successful municipal

181  incorporation.

182  (b) If the district is only partially incorporated, the remainder of the unincorporated district

183  will remain a Community Heritage District. However, nothing herein shall prohibit

184  annexation when the property is contiguous sharing a common border of a minimum

185  twenty percent (20%) and when the property is being annexed by consent under

186  Alabama Law.

187  (c) A Community Heritage District may also be dissolved when annexed in accordance with

188  Alabama law and Article 1213 (c) of this Amendment by a municipality whose

189  boundaries lie solely within the County, so long as the following requirements are met:

190  (1) The entire area of the Community Heritage District is proposed to be annexed.

191  (2) A majority of the Advisory Council Committee assents to formulates a

192  recommendation to the Baldwin County Commission regarding the annexation.

  

193  (3) A referendum on the annexation is held within the Community Heritage

194  District for all qualified electors residing in the district.

195  (4) 60 days prior to annexation referendum, the municipality shall prepare in

196  writing and present to the public a ‘plan of services’ for extending municipal

197  services to the proposed annexed areas including, but not limited to sewer, water,

198  police protection, fire protection, solid waste. The Plan of Service must include:

199  a. List of services to be offered.

200  b. Timetable of delivery of services.

201  c. Maps showing the municipal limits and the area to be annexed.

202  d. General land use pattern for area to be annexed.

203  All costs for such an election shall be the responsibility of the municipality seeking

204  annexation.

205  Article 1011. Public Hearing and Advertisement.

206  (a) No action of enlargement, consolidation or dissolution of a district shall become effective

207  until after a public hearing, in relation thereto, at which parties in interest, and citizens,

208  shall have an opportunity to be heard.

209  (b) At least once fifteen (15) days prior, and once seven days (7) prior to any action of

210  enlargement, consolidation or dissolution of a district, an advertisement of no less than

211  one-fourth page shall give notice of the time, place and purpose of such a hearing. Any

212  advertisement required by this section shall be placed in a newspaper of general

213  circulation in the County.

  

214  Article 1112. Incorporation.

215  Nothing contained herein shall be construed to prevent a Community Heritage District from

216  incorporating pursuant to Alabama law.

217  Article 1213. Effects.

218  In those areas which have established Community Heritage Districts, the following sections

219  shall apply.

220  (a) Municipal Police Jurisdiction. No municipality shall exercise any police jurisdiction

221  powers conferred to it by Alabama law within the district, however, nothing herein shall

222  prohibit mutual aid assistance when conditions warrant.

223  (b) Municipal Extraterritorial Planning Jurisdiction. No municipality shall exercise any

224  extraterritorial Planning and Subdivision powers conferred to it by Alabama law within

225  the district or within one (1) mile of its borders.

226  (c) Municipal Annexation.

227  (1) Except in accordance with Article 910 (c) of this Amendment, no municipality shall

228  annex, by any means, any land within the boundaries of a Community Heritage

229  District.

230  (2) Annexation of land within one (1) mile of the borders of the district may occur only

231  with the consent of the County Commission after public notice is given pursuant to

232  Article 1011 (b) of this Amendment by the municipality and after a public hearing by

233  the County Commission on the matter.

  

234  Article 1314. Miscellaneous.

235  (a) A Community Heritage District shall have no other power or effect except as provided

236  herein.

237  (b) No existing powers of the Baldwin County Commission will be nullified by the creation

238  of a Community Heritage District.

239  (c) The Legislature, by local law, may provide for the implementation and administration of

240  the provisions of this amendment upon request of the Baldwin County Commission.

241  Section 2. An election upon the proposed amendment shall be held in accordance with

242  Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the

243  Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election

244  laws of this state.

245 

246  Section 3. The appropriate election official shall assign a ballot number for the proposed

247  constitutional amendment on the election ballot and shall set forth the following description of

248  the substance or subject matter of the proposed constitutional amendment:

249  "Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901,

250  to provide for the establishment and operation of community heritage districts.

251  "Proposed by Act _________."

252  This description shall be followed by the following language:

253  "Yes ( ) No ( )."