A Good Idea For Gordon AlabamaRickey Stokes
Posted by: RStokes
Date: Feb 02 2018 10:51 PM
GORDON: While there is a special election forthcoming for the Town of Gordon, these laws appear to be the best idea for Gordon.
You see, the Mayor of Gordon is under indictment and trial pending. Recently the Houston County Sheriff Department ( just last week ) had to roll to the Town of Gordon because the Mayor and a Councilman or Councilwoman were in a fight.
For months no business could be conducted by the Gordon Government because they only had a Mayor and two council members. All others resigned.
For the special election Houston County Sheriff Deputies have set up a baby sitting service at Gordon Town Hall for voter registration and absentee voting. Because if they don’t there is no telling what will happen.
There is about 1 fire hydrant in Gordon with enought water pressure to fill a fire truck. No upkeep and maintenance which is the responsibility of the Town of Gordon.
When the Mayor is seen anywhere near the Town Hall, doors are locked and weapons are loaded.
It would make a great soap opera.
If the laws mean how they read, which in some court rulings we have found the law does not read how it reads, even though it reads a certian way...( Confusing, well yes ), then there is hope for the Town of Gordon in being dissolved.
Then Houston County Water Authority could take over the water system and perhaps expand it to provide water to places outside the Town of Gordon.
The Town of Gordon has no Police Department. I can not think of any legitimate service that Gordon has to justify it not being abolished. Then the Houston County Commission could take over as they do in other areas of the county. The Sheriff Department is already handling the law enforcement affairs.
So why does Gordon need to remain as a Town of Gordon?
The only good thing in Gordon is the UNPAID PROFESSIONAL FIRE DEPARTMENT. But it is not a part of the Municipal Government of Gordon. It is a 501( C ) 3, non profit corporation funded through the Houston County Volunteer Fire Association. So the governing body of the Town of Gordon has no control over the Fire Department.
LAWS OF STATE OF ALABAMA
DISOLUTION OF A MUNICIPALITY
Except as otherwise provided by local law, municipal corporations now existing or hereafter incorporated having a population of 1,100 inhabitants or less may be dissolved as provided in this article.
(Acts 1919, No. 517, p. 739; Code 1923, §2326; Code 1940, T. 37, §17; Acts 1994, No. 94-167, p. 216, §1.)
Petition to probate judge for dissolution.
Three-fourths of the qualified voters residing within the corporate limits of any municipal corporation having a population of 1,100 inhabitants or less may, in writing, petition to the probate judge of the county in which the same is situated for a dissolution of such corporation.
(Acts 1919, No. 517, p. 739; Code 1923, §2327; Code 1940, T. 37, §18.)
Notice and hearing upon petition.
Upon the filing of such petition, such probate judge shall set the same down for hearing and give 30 days' notice of such hearing by written notices stating the date and purpose of such hearing, the same to be posted at the courthouse of the county and also in a public place in the municipality sought to be dissolved, and, upon the day set for the hearing, the probate judge shall hear such petition and the evidence in support of the same.
(Acts 1919, No. 517, p. 739; Code 1923, §2328; Code 1940, T. 37, §19.)
Issuance of decree of dissolution.
If, upon such hearing, it appears to such probate judge that three fourths of the qualified voters of such municipal corporation are in favor of the dissolution of the same, he shall make a decree dissolving such municipal corporation, and thereupon such municipal corporation shall be dissolved and shall cease to exist.
(Acts 1919, No. 517, p. 739; Code 1923, §2329; Code 1940, T. 37, §20.)
Grounds for forfeiture of charter.
If any municipal corporation having a population of 1,100 inhabitants or less shall fail to elect a mayor or other chief executive officer for more than one year after the time fixed for such elections, shall fail to levy and collect city or town taxes or arrange to receive moneys or services in lieu of such taxes for more than three successive years or shall fail to see that the streets and roads within its limits are kept in proper condition, it shall, as a municipal corporation, forfeit its charter, and such forfeitures shall be determined in the manner set out in the following sections.
The provisions of this section shall apply to all such municipal corporations heretofore or hereafter created under the laws of the state of Alabama.
(Acts 1919, No. 517, p. 739; Code 1923, §2330; Code 1940, T. 37, §21; Acts 1965, No. 660, p. 1184.)
Petition to probate judge for decree of forfeiture; notice and hearing upon petition.
The county commission or any five qualified voters of the county in which any such corporation is situated may file with the probate judge of such county a petition in writing setting up one or more of the grounds enumerated in section 11-41-24 and praying for a decree declaring the charter of said town forfeited, and thereupon said judge shall set down and hear said petition after giving notice for the same time and in the same manner as provided in section 11-41-22.
(Acts 1919, No. 517, p. 739; Code 1923, §2331; Code 1940, T. 37, §22.)
Rendition of decree of forfeiture and dissolution; appeal from same.
If, upon such hearing, it shall appear that one of the grounds of forfeiture enumerated in section 11-41-24 exists, the probate judge shall render a decree declaring such charter forfeited and such municipality dissolved, and from any decree rendered under this section any citizen of the town or person filing such petition may appeal to the circuit court upon giving bond for cost of such appeal.
(Acts 1919, No. 517, p. 739; Code 1923, §2332; Code 1940, T. 37, §23.)
Disposition of property after dissolution.
If any municipal corporation dissolved under the provisions of this article shall own any property, the title thereto shall vest in the county in which such municipal corporation is situated, but if such corporation shall owe any debts, such property shall be sold by the county commission, and be applied pro rata to the payment of such indebtedness.
(Acts 1919, No. 517, p. 739; Code 1923, §2333; Code 1940, T. 37, §24.)
Fee of probate judge.
The probate judge shall be entitled to $5.00 for services rendered under this article, to be paid by the person or persons filing the petition.
(Acts 1919, No. 517, p. 739; Code 1923, §2334; Code 1940, T. 37, §25.)