| 17 | + | SYNOPSIS: |
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| 18 | + | Existing law does not explicitly authorize local |
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| 19 | + | 911 districts to pool their resources with one another |
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| 20 | + | by jointly exercising powers or providing services. |
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| 21 | + | This bill would recognize the authority of local |
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| 22 | + | 911 districts to contract with one another to jointly |
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| 23 | + | exercise powers and services that each district may |
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| 24 | + | lawfully exercise on an individual basis. |
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| 25 | + | This bill would further provide minimum |
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| 26 | + | requirements to be followed by district boards when |
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| 27 | + | entering into a contract with another district and |
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| 28 | + | would also provide minimum requirements for the joint |
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| 29 | + | exercise contracts. |
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| 30 | + | This bill would delete duplicative language and |
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| 31 | + | would also make nonsubstantive, technical revisions to |
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| 32 | + | update the existing code language to current style. |
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| 23 | | - | enter contracts to jointly provide services; to provide |
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| 24 | | - | requirements for contracts to jointly provide services; and to |
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| 25 | | - | delete duplicative language and make nonsubstantive, technical |
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| 26 | | - | revisions to update the existing code language to current |
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| 27 | | - | style. |
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| 28 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 29 | | - | Section 1. Section 11-98-4, Code of Alabama 1975, is |
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| 30 | | - | amended to read as follows: |
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| 31 | | - | "§11-98-4 |
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| 32 | | - | (a) When any district is created, the creating |
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| 33 | | - | authority may appoint a board of commissioners composed of |
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| 34 | | - | seven members to govern its affairs, and shall fix the |
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| 35 | | - | domicile of the board of commissioners at any point within the |
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| 36 | | - | district. In the case of county districts, after the |
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| 37 | | - | expiration of the terms of the members of the board of |
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| 38 | | - | commissioners holding office on May 23, 2000, there may be at |
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| 39 | | - | least one member of the board of commissioners from each |
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| 68 | + | local 911 districts by permitting two or more districts to |
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| 69 | + | enter contracts to jointly provide services; to provide |
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| 70 | + | requirements for contracts to jointly provide services; and to |
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| 71 | + | delete duplicative language and make nonsubstantive, technical |
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| 72 | + | revisions to update the existing code language to current |
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| 73 | + | style. |
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| 74 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 75 | + | Section 1. Section 11-98-4, Code of Alabama 1975, is |
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| 76 | + | amended to read as follows: |
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| 77 | + | "§11-98-4 |
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| 78 | + | (a) When any district is created, the creating |
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| 79 | + | authority may appoint a board of commissioners composed of |
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| 80 | + | seven members to govern its affairs, and shall fix the |
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| 81 | + | domicile of the board of commissioners at any point within the |
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| 82 | + | district. In the case of county districts, after the |
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| 83 | + | expiration of the terms of the members of the board of |
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| 84 | + | commissioners holding office on May 23, 2000, there may be at |
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| 69 | 85 | | least one member of the board of commissioners from each |
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| 70 | 86 | | county commission district if the number of the county |
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| 71 | 87 | | commission does not exceed seven, unless a resolution dated |
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| 72 | 88 | | before January 1, 2000, was passed by a county commission |
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| 73 | 89 | | establishing an appointment process different from this |
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| 74 | 90 | | section or as otherwise provided by the enactment of a local |
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| 75 | 91 | | act after May 23, 2000. The members of the board of |
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| 76 | 92 | | commissioners shall be qualified electors of the district, two |
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| 77 | 93 | | of whom shall be appointed for terms of two years, three for |
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| 78 | 94 | | terms of three years, and two for terms of four years, dating |
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| 79 | 95 | | from the date of the adoption of the resolution or ordinance |
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| 80 | 96 | | creating the district. Thereafter, all appointments of the |
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| 81 | | - | members shall be for terms of four years. |
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| 82 | | - | (b) The board of commissioners shall have complete and |
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| 83 | | - | sole authority to appoint a chairmanchair and any other |
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| 84 | | - | officers it may deem necessary from among the membership of |
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| 85 | | - | the board of commissioners. |
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| 86 | | - | (c) A majority of the board of commissioners membership |
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| 87 | | - | shall constitute a quorum and all official action of the board |
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| 88 | | - | of commissioners shall require a quorum. |
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| 89 | | - | (d) The board of commissioners may employ such |
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| 90 | | - | employees, experts, and consultants as it deems necessary to |
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| 91 | | - | assist the board of commissioners in the discharge of its |
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| 92 | | - | responsibilities to the extent that funds are made available. |
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| 93 | | - | (e) In lieu of appointing a board of commissioners, the |
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| 94 | | - | governing body of the creating authority may serve as the |
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| 95 | | - | board of commissioners of the district, in which case it shall |
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| 96 | | - | assume all the powers and duties of the board of commissioners |
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| 97 | | - | as provided in this chapter. |
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| 126 | + | creating the district. Thereafter, all appointments of the |
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| 127 | + | members shall be for terms of four years. |
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| 128 | + | (b) The board of commissioners shall have complete and |
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| 129 | + | sole authority to appoint a chairmanchair and any other |
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| 130 | + | officers it may deem necessary from among the membership of |
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| 131 | + | the board of commissioners. |
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| 132 | + | (c) A majority of the board of commissioners membership |
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| 133 | + | shall constitute a quorum and all official action of the board |
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| 134 | + | of commissioners shall require a quorum. |
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| 135 | + | (d) The board of commissioners may employ such |
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| 136 | + | employees, experts, and consultants as it deems necessary to |
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| 137 | + | assist the board of commissioners in the discharge of its |
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| 138 | + | responsibilities to the extent that funds are made available. |
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| 139 | + | (e) In lieu of appointing a board of commissioners, the |
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| 140 | + | governing body of the creating authority may serve as the |
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| 141 | + | board of commissioners of the district, in which case it shall |
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| 142 | + | assume all the powers and duties of the board of commissioners |
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| 127 | 143 | | as provided in this chapter. |
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| 128 | 144 | | (f) In addition to other authority and powers necessary |
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| 129 | 145 | | to establish, operate, maintain, and replace an emergency |
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| 130 | 146 | | communication system, the board of commissioners shall have |
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| 131 | 147 | | themay do any of the following authority: |
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| 132 | 148 | | (1) To sueSue and be sued, to prosecute, and defend |
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| 133 | 149 | | civil actions in any court having jurisdiction of the subject |
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| 134 | 150 | | matter and of the parties. |
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| 135 | 151 | | (2) To acquireAcquire or dispose of, whether by |
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| 136 | 152 | | purchase, sale, gift, lease, devise, or otherwise, property of |
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| 137 | 153 | | every description that the board may deem necessary, |
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| 138 | 154 | | consistent with this section, and to hold title thereto. |
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| 139 | | - | (3) To constructConstruct, enlarge, equip, improve, |
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| 140 | | - | maintain, and operate all aspects of an emergency |
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| 141 | | - | communication system consistent with subsection (a) of Section |
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| 142 | | - | 11-98-6(a). |
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| 143 | | - | (4) To borrowBorrow money for any of its purposes. |
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| 144 | | - | (5) To provide for such Provide for liability and hazard |
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| 145 | | - | insurance as the board of commissioners may deem advisable to |
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| 146 | | - | include inclusion and continuation, or both, of district |
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| 147 | | - | employees in state, county, municipal, or self-funded |
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| 148 | | - | liability insurance programs. |
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| 149 | | - | (6) To enterEnter into contracts or agreements with |
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| 150 | | - | public or private safety agencies for dispatch services when |
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| 151 | | - | suchthe terms, conditions, and charges are mutually agreed |
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| 152 | | - | upon, unless otherwise provided by local law. |
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| 153 | | - | (7) To makeMake grants to municipalities for |
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| 154 | | - | dispatching equipment and services. |
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| 155 | | - | (g) The board of commissioners may elect to form a |
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| 184 | + | consistent with this section, and to hold title thereto. |
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| 185 | + | (3) To constructConstruct, enlarge, equip, improve, |
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| 186 | + | maintain, and operate all aspects of an emergency |
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| 187 | + | communication system consistent with subsection (a) of Section |
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| 188 | + | 11-98-6(a). |
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| 189 | + | (4) To borrowBorrow money for any of its purposes. |
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| 190 | + | (5) To provide for such Provide for liability and hazard |
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| 191 | + | insurance as the board of commissioners may deem advisable to |
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| 192 | + | include inclusion and continuation, or both, of district |
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| 193 | + | employees in state, county, municipal, or self-funded |
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| 194 | + | liability insurance programs. |
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| 195 | + | (6) To enterEnter into contracts or agreements with |
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| 196 | + | public or private safety agencies for dispatch services when |
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| 197 | + | suchthe terms, conditions, and charges are mutually agreed |
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| 198 | + | upon, unless otherwise provided by local law. |
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| 199 | + | (7) To makeMake grants to municipalities for |
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| 200 | + | dispatching equipment and services. |
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| 185 | 201 | | (g) The board of commissioners may elect to form a |
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| 186 | 202 | | nonprofit, public corporation with all of the powers and |
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| 187 | 203 | | authority vested in suchthe political and legal entities. The |
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| 188 | 204 | | certificate of incorporation shall recite, in part: |
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| 189 | 205 | | (1) That this is a nonprofit, public corporation and is |
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| 190 | 206 | | a political and legal subdivision of the State of Alabama as |
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| 191 | 207 | | defined in this chapter. |
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| 192 | 208 | | (2) The location of its principal office. |
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| 193 | 209 | | (3) The name of the corporation. |
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| 194 | 210 | | (4) That the governing body is the board of |
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| 195 | 211 | | commissioners. |
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| 196 | 212 | | (h) Any other provisions of this chapter |
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| 197 | | - | notwithstanding, the board of commissioners shall present to |
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| 198 | | - | the creating authority for approval the acquisition, |
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| 199 | | - | disposition, or improvements to real property. |
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| 200 | | - | (i) In addition to the provisions of subdivision (5) of |
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| 201 | | - | subsection (f)(5), each member of the board of commissioners |
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| 202 | | - | and each director of an emergency communication district shall |
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| 203 | | - | be bonded in an amount equal to one-half of one percent of the |
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| 204 | | - | total funds received by the district in the prior fiscal year |
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| 205 | | - | except the amount of the bond for any persons required to be |
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| 206 | | - | bonded, shall not be less than ten thousand dollars ($10,000) |
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| 207 | | - | nor exceed fifty thousand dollars ($50,000). The board of |
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| 208 | | - | commissioners may require other employees to be bonded in an |
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| 209 | | - | amount set by the board and made payable to the district. The |
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| 210 | | - | bonds shall be paid for by the district, and a copy shall be |
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| 211 | | - | on file at the offices of the district and at the office of |
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| 212 | | - | the judge of probate of the county in which the district is |
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| 213 | | - | incorporated. In the event the governing body of the creating |
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| 242 | + | (h) Any other provisions of this chapter |
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| 243 | + | notwithstanding, the board of commissioners shall present to |
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| 244 | + | the creating authority for approval the acquisition, |
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| 245 | + | disposition, or improvements to real property. |
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| 246 | + | (i) In addition to the provisions of subdivision (5) of |
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| 247 | + | subsection (f)(5), each member of the board of commissioners |
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| 248 | + | and each director of an emergency communication district shall |
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| 249 | + | be bonded in an amount equal to one-half of one percent of the |
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| 250 | + | total funds received by the district in the prior fiscal year |
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| 251 | + | except the amount of the bond for any persons required to be |
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| 252 | + | bonded, shall not be less than ten thousand dollars ($10,000) |
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| 253 | + | nor exceed fifty thousand dollars ($50,000). The board of |
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| 254 | + | commissioners may require other employees to be bonded in an |
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| 255 | + | amount set by the board and made payable to the district. The |
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| 256 | + | bonds shall be paid for by the district, and a copy shall be |
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| 257 | + | on file at the offices of the district and at the office of |
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| 258 | + | the judge of probate of the county in which the district is |
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| 243 | 259 | | incorporated. In the event the governing body of the creating |
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| 244 | 260 | | authority serves as the board of commissioners of the |
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| 245 | 261 | | district, each member of the board may combine the bond |
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| 246 | 262 | | required hereinby this section with the bond required for |
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| 247 | 263 | | service on the creating authority provided both the creating |
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| 248 | 264 | | authority and the emergency communication district are |
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| 249 | 265 | | adequately protected in the event of forfeiture and the |
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| 250 | 266 | | portion of the bond payment required pursuant to this section |
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| 251 | 267 | | is paid by the district. |
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| 252 | 268 | | (j) Two or more boards of commissioners of districts |
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| 253 | 269 | | that exist on the effective date of this act, by adopting |
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| 254 | 270 | | identical resolutions, may contract for the districts they |
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| 255 | | - | govern to jointly exercise any power or service that each of |
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| 256 | | - | the districts is authorized to exercise individually. |
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| 257 | | - | (1)a. It is sufficient that each of the contracting |
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| 258 | | - | districts is lawfully authorized to exercise the power or |
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| 259 | | - | service that is the subject of the contract regardless of the |
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| 260 | | - | manner in which the power or service shall be exercised if at |
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| 261 | | - | least one of the districts is authorized to exercise the power |
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| 262 | | - | or service in the agreed upon manner. |
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| 263 | | - | b. The power or service that is the subject of the |
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| 264 | | - | contract may be exercised by each contracting district or may |
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| 265 | | - | be exercised by one or more districts on behalf of all of the |
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| 266 | | - | contracting districts. |
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| 267 | | - | (2) Before adopting the resolution under this |
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| 268 | | - | subsection, each district board of commissioners must give |
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| 269 | | - | notice pursuant to Section 36-25A-3 of a hearing on the |
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| 270 | | - | proposed contract at which the public may request information |
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| 271 | | - | concerning, or present arguments for or against, the same. |
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| 300 | + | identical resolutions, may contract for the districts they |
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| 301 | + | govern to jointly exercise any power or service that each of |
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| 302 | + | the districts is authorized to exercise individually. |
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| 303 | + | (1)a. It is sufficient that each of the contracting |
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| 304 | + | districts is lawfully authorized to exercise the power or |
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| 305 | + | service that is the subject of the contract regardless of the |
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| 306 | + | manner in which the power or service shall be exercised if at |
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| 307 | + | least one of the districts is authorized to exercise the power |
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| 308 | + | or service in the agreed upon manner. |
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| 309 | + | b. The power or service that is the subject of the |
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| 310 | + | contract may be exercised by each contracting district or may |
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| 311 | + | be exercised by one or more districts on behalf of all of the |
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| 312 | + | contracting districts. |
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| 313 | + | (2) Before adopting the resolution under this |
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| 314 | + | subsection, each district board of commissioners must give |
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| 315 | + | notice pursuant to Section 36-25A-3 of a hearing on the |
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| 316 | + | proposed contract at which the public may request information |
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| 301 | 317 | | concerning, or present arguments for or against, the same. |
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| 302 | 318 | | (3)a. The contract must: (i) state the intent of each |
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| 303 | 319 | | district to cooperate with the joint exercise of the power or |
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| 304 | 320 | | service; (ii) describe the power or service that the districts |
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| 305 | 321 | | will jointly exercise; and (iii) provide a termination date |
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| 306 | 322 | | for the contract no later than three years from the date of |
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| 307 | 323 | | the contract. |
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| 308 | 324 | | b. Notwithstanding a termination date for the contract, |
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| 309 | 325 | | any district may terminate the contract by giving at least 180 |
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| 310 | 326 | | days' notice to the other district or districts. |
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| 311 | 327 | | (4)a. The existence of a district as an individual |
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| 312 | 328 | | political and legal subdivision of the state under this |
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| 313 | | - | chapter is not modified or impaired when the district enters a |
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| 314 | | - | contract provided under this subsection, neither are the |
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| 315 | | - | lawful powers of the district in any way modified or impaired |
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| 316 | | - | except to the extent necessary for the district to jointly |
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| 317 | | - | exercise the power or service that is the subject of the |
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| 318 | | - | contract. |
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| 319 | | - | b. Nothing in this subsection shall restrict the powers |
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| 320 | | - | of a district nor modify or impair the legal rights and duties |
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| 321 | | - | under a contract that is in existence on the effective date of |
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| 322 | | - | this act between or among districts. |
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| 323 | | - | (5) 911 services may not be jointly provided pursuant |
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| 324 | | - | to this subsection until the Statewide 911 Board certifies to |
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| 325 | | - | the contracting districts that, pursuant to Section |
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| 326 | | - | 11-98-4.1(e)(8), joint operations are ready to occur without |
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| 327 | | - | service interruption. " |
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| 328 | | - | Section 2. This act shall become effective immediately |
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| 329 | | - | following its passage and approval by the Governor, or its |
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| 358 | + | political and legal subdivision of the state under this |
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| 359 | + | chapter is not modified or impaired when the district enters a |
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| 360 | + | contract provided under this subsection, neither are the |
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| 361 | + | lawful powers of the district in any way modified or impaired |
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| 362 | + | except to the extent necessary for the district to jointly |
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| 363 | + | exercise the power or service that is the subject of the |
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| 364 | + | contract. |
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| 365 | + | b. Nothing in this subsection shall restrict the powers |
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| 366 | + | of a district nor modify or impair the legal rights and duties |
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| 367 | + | under a contract that is in existence on the effective date of |
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| 368 | + | this act between or among districts. " |
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| 369 | + | Section 2. This act shall become effective immediately |
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