Bill Summary – FastDemocracy

 SB287
 206247-2
 By Senators Chambliss and Whatley (Constitutional Amendment)
 RFD: Local Legislation
 First Read: 10-MAR-20
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                                   SB287
  SB287
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  ENROLLED, An Act,
            To propose an amendment to the Constitution of
  Alabama of 1901, relating to Tallapoosa County, to authorize
  the Legislature by local law to provide for the establishment
  of a road maintenance district as a public corporation in the
  Willow Point Estates and to authorize the district to assess
 and collect road maintenance charges for the maintenance of
 certain roads in the district.
 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
           Section 1. The following amendment to the
 Constitution of Alabama of 1901, is proposed and shall become
 valid as a part of the Constitution when all requirements of
 this act are fulfilled:
                         PROPOSED AMENDMENT
           (a) In Tallapoosa County, the Legislature by local
 law may provide for the establishment of a road maintenance
 district as a public corporation composed of the owners of all
 lots in the Willow Point Estates as further defined herein.
           (b) For the purposes of this amendment, "Willow
 Point Estates" means:
           All recorded phases and lots in the subdivisions
 known as Willow Point Estates or Willow Point recorded in the
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  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,
  Page 196, 06/22/1972.
            (2) Willow Point Estates - Phase 3, Plat Book 5,
  Page 201, 08/23/1972.
            (3) Willow Point Estates - Phases 2-4 and 5, Plat
  Book 6, Page 21, 08/01/1973.
            (4) Willow Point Estates - Phase 6, Plat Book 56,
 Page 140, 05/27/1977.
           (5) Willow Point Estates - Phase 7, Plat Book 7,
 Page 57, 03/03/1986.
           (6) Willow Point Estates - Amended Phase 6, Lots 37
 and 39, Plat Book 7, Page 73, 12/09/1986.
           (7) Willow Point Estates - Phase 7A, Lot 22, Plat
 Book 7, Page 78, 01/28/1987.
           (8) Willow Point Estates - Phase VIII, Plat Book 7,
 Page 82, 04/02/1987.
           (9) Willow Point Estates - Phase VII B, Plat Book 7,
 Page 85, 05/20/1987.
           (10) Willow Point Estates - Phase VII C, Plat Book
 7, Page 90, 01/19/1988.
           (11) Willow Point Estates - Amended Phase VII C,
 Plat Book 7, Page 128, 02/16/1989.
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              (12) Willow Point Estates - Phase IX, Plat Book 7,
  Page 158, 07/31/1990.
              (13) Willow Point Estates - Phase X, Plat Book 7,
  Page 162, 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, Page 21), Plat Book 8, Page 1, 05/21/1993.
              (15) Willow Point Estates - Phase Six "B", Plat Book
  8, Page 72, 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,
 Page 27, 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, Page 17, 01/17/2002.
             (18) Willow Point Estates - Resurvey of Lot #1,
 Phase 1, Plat Book 10, Page 39, 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, Page 21), Plat Book 10, Page 50, 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, Page 57), Plat Book 12, Page 91, 06/08/2016.
             (21) Willow Point - Phase XI, Plat Book 8, Page 57,
 06/19/96.
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              (22) Willow Point - Phase XII, Plat Book 8, Page 58,
  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.
              (c) The district may be established only after the
  filing of a petition as provided in the local law in the
  office of the judge of probate of the county and the approval
 of the formation of the district by a majority vote of the
 qualified voters, with each lot having one vote, voting in
 favor of the formation of the district at a referendum
 election conducted by the judge of probate pursuant to the
 local law. 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. The ownership of the roads transferred to
 the district shall be held by the district for the benefit of
 the owners of lots in Willow Point Estates and the roads shall
 be private roads for use by the property owners of lots in
 Willow Point Estates and as provided by the district. After
 the transfer of ownership of the roads to the district, the
 duty to maintain the roads transferred is vested in the
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  district. After the district becomes operative and in the
  manner provided by local law, the district may assess and
  collect an annual road maintenance charge on the owner or
  owners of each lot in Willow Point Estates. The proceeds of
  the road maintenance charges shall be used by the district
  only for the maintenance, construction, repair, and paving of
  the roads and bridges, including rights-of-way, in the
  district and for administration of the district. Failure to
  pay the road maintenance charges in a timely manner as
 provided by the district shall result in a lien on the
 property which may be enforced in the manner provided by the
 local law.
              Section 2. An election upon the proposed amendment
 shall be held at the general election in 2020 in accordance
 with Section 284.01 of the Constitution of Alabama of 1901,
 now appearing as Section 284.01 of the Official Recompilation
 of the Constitution of Alabama of 1901, as amended,    and the
 election laws of this state.
              Section 3. The appropriate election official shall
 assign a ballot number for the proposed constitutional
 amendment on the election ballot and shall set forth the
 following description of the substance or subject matter of
 the proposed constitutional amendment:
              "Relating to Tallapoosa County, proposing a local
 amendment to the Constitution of Alabama of 1901, to authorize
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 the Legislature by local law to provide for the establishment
 of a road maintenance district in Willow Point Estates and to
 allow property owners in Willow Point Estates to assess
 themselves to pay for road maintenance.
             "Proposed by Act _________"
             This description shall be followed by the following
 language:
             "Yes ( ) No ( )."
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            President and Presiding Officer of the Senate
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               Speaker of the House of Representatives
 SB287
 Senate 05-MAY-20
 I hereby certify that the within Act originated in and passed
 the Senate.
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                               Patrick Harris,
                               Secretary.
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 House of Representatives
 Passed: 07-MAY-20
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 By: Senator Chambliss
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