UC-NRLF $B EB abli 8061 12 -Ntfr -m AN ACT OF THE LEGISLATURE OF ALABAMA CREATING A COMMISSION FORM OF GOVERNMENT UNDER WHICH THE CITY OF MONTGOMERY IS NOW ORGANIZED IN EFFECT APRIL 10, 1911 MOMTQUMBRT, AI.A. THB HROWN PRTNTIMU CO., PKINTERH AND BTNDKRS AN ACT OF THE LEGISLATURE OF ALABAMA CREATING A COMMISSION FORM OF GOVERNMENT UNDER WHICH THE CITY OF MONTGOMERY IS NOW ORGANIZED IN EFFECT APRIL 10, 1911 \ r. *^* " II C , • C »■, o "" " » •" MONTOOMKRY, AI.A. THB BROWN PRIITTINO CO.> PRINTERS AND BINDBRS 1911 GENERAL LAWS OF ALABAMA. 1911. No. 254.) AN ACT (H. 323. To provide and create a commission form of mu- nicipal government and to establish same in all cities of Alabama which now have, or which may hereafter have, a popu- lation of as much as tw^enty-five thousand and less than fifty thousand people accord- ing to the last federal census, or any such census which may hereafter be taken; to regulate the selection and election of com- missioners and their terms of office and re- call from office; to ^x their powers, duties and compensation; to punish improper con- duct in connection with elections and peti- tions hereunder; to abolish police commis- sioners, aldermen, and certain other city of- ficials; and otherwise provide for the crea- tion and maintenance of said commission form of government. Be it enacted by the Legislature of Alabama: Section 1. All cities of the State of Alabama which have a population of as many as twenty- (^j^..^^ ^^sl^ five thousand and less than fifty thousand peo- sification of. pie, according to the last federal census, or which shall hereafter have such population according; to any census that may be taken hereafter, shall become organized under the commission form of government according to the terms of this act and shall be known as cities of class "C." Sec. 2. In all cities of the State of Alabama Q^jmuissjon. Avhich have such population according to the last ers, appoint- federal census, the governor is authorized andP^^^* ^°^ required to appoint from and after the approval of this act four persons to hold office as com- missioners of said city, who shall hold office un- til the first Monday in October, 1915, and until their successors shall be elected and shall qual- ify as hereinafter provided. The term of office of each member of the board, including the presi- dent of commissioners, after the expiration of the term herein provided for shall be four years, 298617 GENERAL LAWS OF ALABAMA, 1911. When effect- ive. Name of. Powers of. and until their successors shall be elected and shall qualify as hereinafter provided. The may- or or chief executive of every such city at the time this act shall be approved shall be and be- come as soon as the other commissioners take office as provided herein the president of the board of commissioners of such city and shall hold office until the first Monday in October, 1915. Sec. 3. The provisions of this act shall apply to and become operative in all cities not now hav- ing but which shall hereafter have a population of as many as twenty-five thousand people, ac- cording to any federal census that may be taken hereafter, and elections may be called and such cities may become organized under this act in the same manner as cities having the required population at the time of the passage of this act. Sec. 4. The president and the commissioners provided for in this act shall be known collect- ively as "The Board of Commissioners of the city of '' (name of city to be inserted) and it shall have the power and duties hereinafter provided. The first commissioners appointed under the provisions of this act shall qualify for office in the manner prescribed by this act, and shall take office on the second Monday in April, 1911. As soon as they have qualified for office in any such city, then such city shall at that time and thereby be and become organized under the commission form of government provided by this act, and said commissioners provided for by this act shall forthwith take office and enter upon their duties. Sec. 5. The president of the board of commis- sioners and commissioners of such city to be known as the board of commissioners of said city, as provided, shall be municipal officers only, and shall have, and possess and exercise only the municipal powers, legislative, executive and ju- dicial, possessed and exercised by the mayor and board of aldermen, and board of police commis- GENERAL LAWS OF ALABAMA, 1911. sioners, and any and all other boards, commis- sions and officers of such city, of any and of ev- ery sort whatsoever, except the powers conferred on the county board of health, in so far as they apply to said city, by State law, or by existing ordinances enacted by said city except whatso- ever power they may possess expressly or im- pliedly as State officers; and all such boards, commissions, and officers except those provided for by this act shall then and there be abolished, and the terms of office of any and all such officers or officials shall then and thereby cease. Said board of commissioners shall not have, possess, or exercise any legislative, executive, judicial or ad- ministrative powers of the State or county, nor shall the offices held by them be State offices; such city shall continue its existence as a body corporate under the name of "City of " (in- serting the name of said city). It shall continue to be subject to all the duties and obligations then pertaining to or incumbent upon it as a municipal corporation not inconsistent with the provisions of this act, and shall continue to en- joy all the rights, immunities, powers, privileges and franchises then enjoyed by it, as well as those that may thereafter be granted to it, not in- consistent with the provisions of this act. All laws governing such city and not inconsistent with the provisions of this act shall apply to and govern said city after it shall become organized under the commission form of government pro- vided by this act. All laws, ordinances and res- olutions lawfully passed and in force in any such city under its former orga^nizations not incon- sistent with the provisions of this act shall re- main in force until altered or repealed, accord- ing to the provisions of this act. The territorial limits of such city shall remain the same as un- der its former organization, and all rights and property of every description w^hich vested in it shall vest in it under the organization herein provided for as though there had been no change in the organization of said city; and no right or GENERAL LAWS OF ALABAMA. 1911. Board of ed- ucation. Powers and duties of. liability either in favor of it or against it and no suit or prosecution of any kind, shall be af- fected by such change, unless otherwise express- ly provided for by the terms of this act. All em- ployees of said city, and all officials except those whose terms of office are abolished by this act shall continue in office until otherwise provided by said board of commissioners of said city, pro- vided that this withdrawal or transfer of powers shall not apply to the powers conferred on the county board of health in so far as they apply to said city, by State law, or by existing city ordi- nances, nor shall they apply to the appointment of health officers for a city, nor to persons em- ployed by such health officer to enforce quaran- tine under ordinances in force in the city. Sec. 5Vi>. In cities having a population of tA^enty-five thousand and less than fifty thou- sand, the management and control of the public schools therein shall be vested in a board of ed- ucation, which shall be composed of five mem- bers Avho shall serve without compensation, and shall be qualified electors and residents of the respective cities and who shall not be members of the board of commissioners. At the first regular meeting of the board of commis- sioners after organization, or as soon thereafter as may be practicable, at any regular meeting, the board of commissioners shall elect the mem- bers of the board of education, whose term of of- fice respectively shall be one, two, three, four and five years. Annually thereafter at the first regu- lar meeting in April or as soon thereafter as may be practicable, at a regular meeting, the board of commissioners shall elect a member, whose term of office shall be five years, to succeed the member of the board of education whose term expires that year. In the event of a vacancy in the membership of the board of education, by resignation or otherwise, the fact shall be re- ported to the board of commissioners by the board, and the board of commissioners shall elect a person to fill such a vacancy for the unex- GENERAL LAWS OF ALABAMA, 1911. pired term. At its first regular meeting in May, after the election of said board of education, or as soon thereafter as practicable, and annually thereafter, the board of education shall elect from its membership a president and vice presi- dent. It shall also elect a clerk, who need not be a member of the board of education and may fix his compensation. The vice president shall perform the duties of the president only when the president may be absent or unable to perform his duties. The board of education may fill any va- cancy in any of the offices mentioned in this sec- tion. All property, real and personal and mixed, now held or hereafter acquired for school pur- poses, shall be held in trust for the use of the public schools of the city or town, and no sale or purchase of real estate shall be made by any oth- er than the board of education of such city or town. The board of education shall have full and exclusive power within the limits of the rev- enue appropriated for such purpose, or accruing to the use of the public schools, to purchase fix- tures, furniture, apparatus, libraries, fuel and supplies for the use of the schools, and to sell the same, and to make expenditures for the mainte- nance and repair of the school grounds, build- ings, and other property, to purchase sites and to establish and build new schools, when such sites have been provided by the board of education, and to superintend the erection thereof, to make additions, alterations and repairs, to the build- ings and property devoted to school uses and to make necessary and proper regulations, con- tracts and agreements in relation to such mat- ters. All such contracts shall inure to the ben- efit of the public schools, and in a suit at law or in equity, brought upon them and for the re- covery and protection of money and property belonging to and used by the public schools, or for damages, shall be brought by and in the name of the city. Each year the board of education shall make an estimate, in detail of the amount of money required for the proper support and GENERAL LAWS OF ALABAMA, 1911. maintenaDce of the public schools during the next scholastic 3 ear, which shall be submitted to the board of commissioners, and the board of commissioners shall make annual appropriations for the support and maintenance of the schools that it may deem necessary and proper in view of all other needs of the government of the city and of the expected revenues from taxes and otherwise. Money so appropriated and all money received from the school fund of the State, poll taxes and the sale of school property, and the sale of bonds for school purposes and from any other source whatever for school purposes shall be held by the treasurer of the city as a special fund or funds for school purposes and it shall be paid out by him on warrants drawn by the clerk of the board and countersigned by the president or vice president, when acting as president of the board of education and by the clerk of the city, and not otherwise. And no warrant shall be drawn unless in pursuance of a resolution of the board of education entered upon its minutes. The board of education shall have full control of the public schools of the city or town. It shall have power to establish schools to discontinue any school, to consolidate schools; to prescribe courses of study and books to be used, not in conflict with the general law in reference to text books, to divide the city into school divisions, as circumstances may require, to employ teachers and a superintendent of schools and necessary employees and to fix their salaries and wages, to establish and maintain high schools and pre- scribe rules for the expulsion of pupils, to expel any pupil guilty of gross disobedience or wilful misconduct, to dismiss any superintendent, teacher, or employee, when in its opinion the in- terests of the school require it and generally to have and exercise all rights, powers, and author- ity required for the management of a system of public schools. To designate amount to be paid by non-residents of the district whether owners of property or not who desire their children to GENERAL LAWS OF ALABAMA, 1911. be enrolled. It shall be the duty of the board of education to examine, or cause to be examined, all persons at times and places fixed by it, offer- ing as candidates for teachers' places, and when found qualified to give them certificates of qual- ification gratuitously, to grant diplomas without charge to graduates of the high school, to visit all schools as often as once a month, to establish and uniformly enforce proper rules and regula- tions, to inquire into the performance of their da- ties by the teachers and superintendents, and in- to the progress of the pupils, and to prepare and submit to the board of commissioners an annual report showing the operation of the schools for the past scholastic year, and suggesting their needs for the future. It shall be the duty of the board of education to elect a superintendent of schools, fix his term of office and salary^ prescribe his powers and duties. The superintendent shall be required to give bond for the faithful perform- ance of his duties, which shall be payable to said city, in a sum to be fixed by the board not less than three thousand dollars with surety or sure- ties to be approved by the president of the board, the bond to be filed with the clerk of the city or town. The superintendent may be elected clerk of the board of education, and if so elected his bond shall stand as security for the faithful per- formance of his duties as clerk, as well as super- intendent, however conditioned. It shall be the duty of the clerk of the board of education to keep full and correct detail account of all money received and expended. The superintendent shall attend to the taking of the school census, which shall be taken in the month of April of each year, and it shall be his duty to make com- plete and accurate reports of the same to the su- perintendent of education of the State. Each in- corporated city or town as a special district, or embraced therein, shall receive its proportionate share of the public school revenue to be paid over by the State superintendent of education 10 GENERAL LAWS OF ALABAMA, 1911. Division of powers and duties of commission- ers. Meetings of. direct to the city superintendent of schools and by him paid over to the city treasurer. Sec. 6. Every city organized under the form of government provided for by this act shall be governed and managed by the board of commis- sioners, provided for herein. Each and every of- ficer and employee of said city except health offi- cer and such persons as may be employed by him to enforce quarantine, other than the said presi- dent and commissioners shall be selected and employed by the said board under its direction and all salaries and wages paid by said city, ex- cept as otherwise provided by the terms of this act, shall b^ fixed by said board. The commis- sioners shall prescribe and may at any time change the powers, duties and titles of all subor- dinate officers and employees of said city, except the title of city health officer all of whom shall hold office and be removable at the pleasure of the board of commissioners. The powers and du- ties in such cities shall be distributed into and among five departments as follows : ( 1 ) Depart- ment of public affairs. (2) Department of ac- counts and finances. (3) Department of justice. (4) Department of streets and parks. (5) De- partment of public property and public improve- ments. The powers and duties pertaining to each of said departments shall be fixed by the said board of commissioners, and altered from time to time as they may deem best, and one of the members of said board shall be so assigned to take charge of each of such departments and shall as head of such department exercise the du- ties and powers so provided by said board, and said assignment may be changed at any time by a majority of said board. Sec. 7. Said board of commissioners shall hold regular public meetings on Tuesday of each and every week at some regular hour to be fixed by said board from time to time and publicly announced by it; and it may hold such adjourn- ed, called and other meetings as may be neces- sary or convenient. The president of the board, GENERAL LAWS OF ALABAMA, 1911. H when present, shall preside at all meetings of said board, but shall have no veto power. Three members of said board shall constitute a quorum Quorum, for the transaction of any and every business to be done by said board and for the exercise of any and every power conferred upon it ; and the af- firmative vote of three members of said board shall be necessary and sufficient for the passage of any resolution, by-law or ordinance, for the transaction of any business of any sort by said board, or the exercise of any of the powers con- ferred upon it by the terms of this act, or that may hereafter be conferred upon it. This pro- vision shall not be construed, however, so as to prevent the said board from delegating or assign- ing to one or more of its members, or to such boards, commissions, officers or employees as may be created or selected by it, the performance of such executive and judicial duties and powers as may be necessary or convenient, provided the same is done by resolution, by-law or ordinance duly enacted according to the terms of this act. All meetings of said board at which any person not a city officer is present shall be open to the public. Nto resolution, by-law or ordinance granting any franchise, appropriating any mon- ey for any purpose, providing for any public im- provements, enacting any regulations concerning the public comfort, the public safety or public health, or of any other general or permanent na- ture, shall be enacted except at a regular or ad- journed public meeting of said board, provided that a meeting of the board of commissioners of the city of may be called at any time to consider an act upon an emergency that involves the public safety or public health. Every mo- ^ion, resolution or ordinance intx'oduced at an> and every such meeting shall be reduced to writ- ing and read before any vote thereon shall be taken; and the yeas and nays thereon shall be recorded. A record of the proceedings of every such meeting shall be kept in a well bound book and every resolution and ordinance passed by 12 GENERAL LAWS OF ALABAMA, 1911. the board of commissioners must be recorded in such book, and a record of the proceedings of the meeting be signed by at least two of the commis- sioners, before the action taken shall be effective. Such record shall be kept available for inspec- tion by all citizens of such city at all reasonable times. Sec. 8. No resolution, by-law or ordinance Ordinances granting to any person, firm or corporation any franchises, etc. franchise, lease or right to use the streets, pub- lic highways, thoroughfares, or public property of any city organized under the provisions of this act, either in, under, upon, along, through or over same, shall take effect and be in force Publication of. ^ntil thirty days after the final enactment of same by the board of commissioners and publica- tion of said resolution, by-law or ordinance in full once a week for three consecutive weeks in some daily nevrspaper published in said city, which publication shall be made at the expense of the persons, firm or corporation applying for said grant. Pending the passage of any such resolution, by-law or ordinance, or during the time intervening betw^een the final passage and the expiration of the thirty days during which publication shall be made as above provided, the legally qualified voters of said city may, by writ- ten petition or petitions addressed to said board of commissioners, object to such grant, and if, during said period such written petition or pe- titions signed by at least a thousand legally qual- ified voters of such city shall be filed with said board of commissioners, said board shall forth- Avith order an election, at which election the le- gally qualified voters of said city shall vote for or against the proposed grant as set forth in the said by-law, resolution or ordinance. In the call for said election, the said resolution, by-law or ordinance making said grant shall be published in said city by one publication. If at such elec- tion the majority of the votes cast shall be in favor of said ordinance and the making of the said proposed grant, the same shall thereupon GENERAL LAWS OF ALABAMA, 1911. 13 become effective ; But if a majority of the votes so cast shall be against the passage of the said reso- lution, by-law or ordinance and against the mak- ing of said grant, the said by-law, resolution or . ordinance shall not become effective, nor shall it confer any rights, powers or privileges of any kind, and it shall be the duty of the said board of commissioners, after such result of said elec- tion shall be determined, to pass a resolution or ordinance to that effect. No grant of any fran- chise or lease or right of user, or any other right in, under, upon, along, through or over, the streets, public highways, thoroughfares, or pub- lic property of any such city shall be made or given nor shall any such rights of any kind what- ever be conferred upon any person, firm or cor- poration, except by resolution or ordinance duly passed by the board of commissioners at some regular or adjourned public meeting and publish- ed as above provided for in this section; nor shall any extension or enlargement of any such rights or powers previously granted be made or given except in the manner and subject to all the conditions herein provided for as to the original grant of same. It is expressly provided, how- over, that the provisions of this section shall not apply to the grant of side track or switching priv- ileges to any railroad or street car company for the purpose of reaching and affording railway connections and switch privileges to the owners or users of any industrial plant, store or ware- house; provided further that said side track or switch shall not extend for a greater distance than one thousand three hundred and twenty (1,320) feet. All franchises or privileges here- tofore granted, which are not in actual use or enjoyment or which the grantees thereof have not in good faith commenced to exercise at the time of the adoption of this act are hereby declared forfeited and of no validity, and it shall be the duty of the commission to carry out the provis- ions of this s^ection by the enactment of ordi- nances repealing said franchises, provided, that 14 GENERAL LAWS OF ALABAMA, 1911. this section shall not apply to any franchise in which the ordinance granting the same shall have fixed a time within which work shall commence or be completed thereunder and such time shall not haA^e expired at the time of the adoption of this act. No exclusive franchise shall ever be granted, and no franchise shall ever be granted for longer term than thirty years, and no fran- chise shall be renewed before one and one-half years of its expiration. When any person or corporation holding a franchise for the location, construction or operation of a railroad over a portion of any street, and said franchise has not expired, shall subsequently apply for a franchise to locate, construct or operate a railroad on any portion of the same street or upon any other street in connection therewith, said second fran- chise shall only be granted for the unexpired term of first franchise. No such grant, right, privilege or franchise shall ever be made to any person, firm, corporation or association unless it provides for adequate compensation or consider- ation therefor to be paid to such city, and, in ad- dition, to any other form of compensation, any such grantee shall pay annually such fixed charge as may be prescribed in the franchise or- dinance. Whenever any such grant, right, privilege or franchise provides for the pay- ment of a per cent of the gross receipts, such grantee shall make and report to the commission all its gross earnings once in six months, and pay into the treasury the amounts due such city at the time said report is made. Said commission shall also have access to and the right to examine all books, re- ceipts, files, records, and documents of any such grantees to verify the correctness of such semi- annual statement and to correct the same if found to be erroneous. If such statement of earn- ings be incorrect, then such payment shall be made upon such corrected statement. Every or- dinance granting any franchise may provide that at the expiration of the period for which the GENERAL LAWS OF ALABAMA, 1911. 15 franchise was granted, or at any time before as stated in the ordinance, the city, at its election and upon the payment of a fair valuation there- for, to be made in the manner provided in the ordinance making the grant, may purchase and take over to itself the property and plant of the grantee in its entirety, but in no case shall the value of the franchise of the grantee be consid- ered or taken into account in fixing such valua- tion. Or it may be provided in the ordinance granting any franchise that the property and plant of the grantee shall at the expiration of the period for Avhich the franchise was granted, become the property of the city, Avithout any compensation to the grantee. Every ordinance granting any franchise may further provide that upon the payment by the city of a fair valuation in the manner provided in the ordinance, the plant and the property of the grantee shall be- come the property of the city by virtue of the grant in payment thereunder, and without the execution of any instrument or conveyance. Or in case it is provided in the ordinance granting any franchise that the property and plant of the grantee shall, at the expiration of the period for which it was granted, become the property of the city without any compensation to the grantee, the property and plant of the grantee shall then become the property of the city by virtue of the grant and without the execution of any instru- ment or conveyance. No franchise granted by the city shall ever be leased, assigned or other- vrise alienated without the express consent of the city, and no dealing Avith the lessee or assignee on the part of the city to require the performance of any act or payment of any compensation b^ the lessee or assignee, shall be deemed to operate as such consent. Where the municipalitv is the owner of and operates a public utility plant, no franchise shall be granted to any person or cor- poration to operate anv competitive plant unless approved first by a vote of the majority of the qualified electors of such municipality, at an 16 GENERAL LAWS OF ALABAMA, 1911. Advertising, expense of. Elections, when held. Candidates, statement of. election held in accordance with the provisions of this act. Sec. SVi- That for the advancement of the in- terest of the city the commissioners may make expenditures for the advertisement of the advan- tages of tJie locality and may make contributions together with its commercial organization for that purpose. Sec. 9. In every city which shall become or- ganized according to the provisions of this act an election shall be held at the time designated in this act for the initial election herein provid- ed for and subsequently, on the third Monday in September after the expiration of four years af- ter it shall have become so organized and on the same date of every succeeding fourth year for the election of the president and other members of the board of commissioners whose terms shall ex- pire in that year; the president and commission- ers then elected shall hold office for a term of four years from the first Monday in October of said year until their successors are elected and shall qualify for office. Any person desiring to become a candidate at any election, except those by the commission which may be held according to the terms of this act, for the office of president of the board, or other commissioner to be elect- ed, may become such candidate by filing in the office of the judge of probate of the county in which said city is situated a statement of such candidacy accompanied by affidavit taken and certified by said judge of probate, or by a notary public, that such person is duly qualified to hold the office for which he desired to become a candi- date. Such statement shall be filed at least twenty-one days before the day set for such elec- tion, and shall be substantially in the following form : State of Alabama, county. I, , the undersigned being duly sworn, depose and say that I am a citizen of the city of in said State and county and reside at in said city. That I desire to become a candidate for the office of in the said citv for the term of vears GENERAL LAWS OF ALABAMA. 1911. 17 at the election for said office to be held on the day of , next; that I am duly quali- fied to hold said office if elected thereto, and I hereby request that my name be printed on the official ballot of said election. (Signed) . Subscribed and sworn to before me by said on this day of , 19 — , and filed in this office for record on said day. , judge of probate, or notary public as the case may be. Said statement shall be accompanied by a peti- tion signed by at least one hundred persons who shall be qualified to vote ^t said coming election, requesting that such person become a candidate for said office at said election. The signers to said petition shall set forth their names in full and their residence addresses and said petitions shall be substantially like the following form: "We, the Petition, undersigned dulv qualified electors of the city of and residing at the places set opposite our respective names do hereby request that the name of bo placed on the official ballot as a candidate for the office of ^ in said city for the term of years at the election to be held in this city on the day of next. We further state that we know said to possess the qualifications necessary for said office and to be in our iudgment a fit and proper person to hold said office. Witness our hands on this the day of . ." At every such election all ballots to be used by the voters shall be print- ed and prepared bv the said city and at its ex- peu^-e and shall contain the names of all candi- dates placed in alphabetical order directlv under- neath the words: "For president of the board of commissioners." "For associate commissioner for the term of ," as the case may be. No name shall appear upon the ballot as a candidate for election except the names of such persons as have become candiriatos according to the provis- ions as above set forth, and no ballot shall be used at any such election except the official bal- lot prepared by the city. 18 GENERAL LAWS OF ALABAMA, 1911. Votes. Second tion. elec- Candidates, qualifica- tions of. Commission- ers, oath of. Term of office. Sec. 10. At every election each voter shall vote for one candidate for each office to be filled and no ballot Kshall be counted which fails to comply with this requirement, and the candidate receiving the highest number of votes for such office shall be elected thereto, provided he re- ceives a majority of all the votes cast for such office. In case no one or more of such candidates shall receive a majority of all such votes cast for the office for which he is a candidate, another election shall be held on the same day of the fol- lowing week for said office, at which not more than twice the number of candidates for the sev- eral offices to be filled shall be voted for being those who received the highest number of votes in said election. The candidate receiving the highest number of votes at such election shall be declared elected. Sec. 11. The president and other commission- ers provided by this act shall be elected by vote of the legally qualified voters, nor shall any per- son be eligible for such office who shall not be over the age of twenty-five years at the time he shall become a candidate or shall not be duly qualified to vote in the election at which he shall be elected. In case any person after he shall have been elected and duly qualified as such president of the board or other commisioner shall be declar- ed ineligible to hold such office, a successor shall be chosen as in case of a vacancy caused by death, resignation or any other cause. Sec. 12. Every person who shall be elected to the office of president of the board or other com- missioner in any city organized according: to the provisions of this act shall on or before the first Monday of the month preceding his election qual- ify by making oath that he is eliirible for said office and will execute the duties of the same ac- cording to the best of his knowledge and ability. Said oath shall be administered by the retiring mayor or president of the board of commission- ers of such city or by a notary public. The term of office of every such president of the board GENERAL LAWS OF ALABAMA, 1911. 19 of commissioners shall begin on the first Mon- day of October succeeding the election except as may be otherwise expressly provided by this act. Each commissioner shall before entering upon the duties of this office, give a good and sufficient Bond, surety bond, which may be executed by a bond- ing company authorized to do business in Ala,- bama, payable to and for the use and benefit of any such city, in the sum of five thousand dol- lars conditioned for the faithful discharge of his duties, and that he will save such city harmless from all loss caused by his neglect of duty or misfeasance in office or for the wilful expendi- ture of any moneys of such city in violation of law and said bond before being accepted, shall be approved by the probate judge in and for the county wherein such city is situated, the pre- miums on said bond shall be paid out of the city treasury. No member of the commission shall hold any office of profit or trust under the laws^ny other of- of any State or the United States, or hold anyfice. county or other city office ; nor shall the commis- sion or any commissioner ever be elected or ap- pointed to any office created by, or the compen- sation of which was increased or fixed by the commission, while he was a member thereof within two years therefrom. Sec. 13. The qualified voters of any city or- ganized according to the terms of this act may Petition for at anv time file with the board of commissioners ^'^^^^^^^jP,^ ^^ -•.. , , ,. «.-,, n commission- of such city at any regular meeting of said board ers. a petition or petitions asking for the resignation of the president of the board of commissioners or any commissioner of said city. Such petition shall contain a general statement of the grounds upon which the removal of said official is request- ed and each siirner shall add after his signature, cind opposite thereto his residence address. In case such petition shall be signed by at least o^i^^g^rg^of^pe- thousand voters duly qualified to vote for a suc-tition. cessor to said office, and said officer shall not on or before the next regular meeting of said board, gf^eet of. resign from office, then said board at such meet- 20 GENERAL LAWS OF ALABAMA. 1911. ing shall order an election to be held not less than thirty days nor more than forty days from the date of said meeting, at which election a suc- cessor to such officer to hold office for his unex- Eiection of pired term shall be voted for. At such election successor. the person sought to be removed from office shall be a candidate to succeed himself and his name shall be placed upon the official ballot without Notice of ^^^ affirmative action on his part. Notice of such election shall be given by publication once a week for three successive weeks in some news- Term of sue- pap^r published in said city. The person who cessor. shall be elected to such office shall hold same for the unexpired term thereof, and if the person so elected be the incumbent whose removal has been requested then he shall continue in office as though such petition had not been filed or such election held. Sec. 13%. No ordinance passed by the com- Ordinances, mission, except when otherAvise required by the when effective, general laws of the State, or by the provisions of this act, except an ordinance for the immediate preservation of the public health or safety, which contains a statement of its urgency and is passed by a unanimous vote of the commission shall go into effect before ten days from the time of the final passage; and if during said ten days a peti- tion signed by electors of the city equal in num- Referendum. |>er to at least twentv-five per centum of the en- tire vote cast at the last general municipal elec- tion held in said city protesting against the pas- sage of such ordinance, be presented to the com- mission, the same shall thereupon be suspended from going into operation, and it shall be the duty of the commission to reconsider such ordi- nace; and if the same is not entirely repealed, the commission shall submit the ordinance to the vote of the electors of the city, either at the general election or at a special municipal elec- tion to be called for that purpose; and such or- dinance shall not go into effect or become oper- ative unless a majority of the qualified electors voting on the same shall vote in favor thereof. GENERAL LAWS OF ALABAMA, 1911. 21 Said petition and election shall be in all respects in accordance with the provisions of section 13, except as to the per centage of signers and be examined and certified to by the clerk in all re- spects as therein provided. Said board of com- missioners shall have the exclusive right to reg- ulate or permit within the police jurisdiction of any such city the playing of any game or amuse- ment on Sunday, and any law in conflict with this provision in so far as same relates to any city of this class is hereby repealed. Sec. 14. Whenever any vacancies shall occur ^^^^^^^,.^3 in the office of the president of the board or oth- How filled. er commissioner of any city organized under the terms of this act, then his successor shall be ap- pointed by the governor. Every person w^ho shall be appointed to the office of president of the board or other commissioner of such city un- der the provisions of this section or of the pre- ceding section, shall qualify for office as soon as practicable after such election and shall be cloth- ed with the duties and responsibilities and pow- ers of such office immediately upon such qualifi- cation. He shall hold office for the unexpired term of his predecessor. Sec. 15. The president of the board of com- missioners of every city organized under the []^^p^^^^^ terms of this act shall receive a salary of four migsioners. thousand five hundred dollars per annum, and at that rate for every fraction of the year during which he shall hold office. Said salary shall be paid in monthly installments at the end of every calendar month during which he shall hold of- fice, out of the city treasury of said city; said installments to be in payment for the portion of the month during which he shall have held office at the rate thus provided. Each of the other commissioners of every such city shall receive a salary of three thousand dollars per annum, and at that rate for every fraction of a year during which they shall hold office. They shall be paid at the end of everv calendar month as provided 22 GENERAL LAWS OF ALABAMA, 1911. Employees, election of. Inducements to obtain po- litical sup- port prohib- ited. Statement of expense of election, pub- lication of. Penalty. City officers and employees prohibited from having interest in contract for work for city. for the payment of the salary of the president of the board of commissioners of such city. Sec. 16. The employees of cities organized un- der this act shall be elected by the commissioners solely on account of their fitness and without re- gard to their political affiliations. It shall be unlawful to hold party caucuses or primaries for the purpose of nominating any employee to be selected by such commissioners, and any person who shall solicit or accept a party nomination for any office to be filled by said commission shall be thereby rendered ineligible for such office or any other office under said city for a period of one year thereafter. Sec. 17. It shall be unlawful for any candi- date for office or any officer in such city, directly or indirectly to give or promise any person or persons any office, position, employment, benefit or anything of value for the purpose of influenc- ing or obtaining the political support, aid or vote of any person or persons. Every commissioner elected by popular vote in any such city shall within thirty days after qualifying, file with the judge of probate of the county and the same shall be published at least once in a newspaper of general circulation in such city, his sworn item- ized statement of all his election and campaign- ing expenses, and by whom such funds were con- tributed. Any violation of the provisions of this section shall be a misdemeanor, punishable by a fine of not more than three hundred dollars, and be a ground for removal from office. Sec. 18. No officer or employee elected or appointed in any such city shall be interested, di- rectly or indirectly, in any contract for work or material, for the profits thereof or services to be furnished or performed for the city; and no such officer or employee shall be interested di- rectly or indirectly, in any contract for work or materials, or the profits thereof, or services to be furnished or performed for any person, firm or corporation operating interurban railway, street railway, gas works, electric light or power GENERAL LAWS OF ALABAMA, 1911. 23 plant, heating plant, telegraph line or telephone exchange within the territorial limits of said city. No such commissioner or other official of such city shall be interested in, or any employee or attorney of any corporation operating any public service utility, hereinabove mentioned and described in this section within said city. No such officer or employee shall accept or receive directly or indirectly, from any person, firm or corporation operating within the territorial limits of said city, any ' interurban railway, railway, street railway, gas Avorks, water works, electric light or power plant, heating plant, telegraph line or telephone exchange, or other business using, or operating under a pub- lic franchise, any frank, free pass, free ticket, or free service, or accept or receive, directly or indirectly from any such person, firm or corporation, any gift or other thing of value or any service upon terms more favorable than are granted to the public generally. Any violation of the provisions of this section shall be a misdemeanor, and upon conviction thereof, the guilty person shall be punished by a fine of not less than one hundred nor more than three hundred dollars and may be imprisoned* in the county jail for not more than ninety days. Every such contract or agreement shall be void. Such prohibition of free transportation shall not ap- ply to policemen or firemen in uniform; nor to policemen in the discharge of their duty; nor shall any free service to city officials heretofore Exception, provided by any franchise or ordinance be affect- ed by this section. Any officer or employee of such city who, by solicitation or otherwise, shall exert his influence directly or indirectly to in- fluence other officers or employees of such city to favor any particular person or candidate for office as president of the board of commissioners or commissioner of said city, or who shall in any manner contribute money, labor or other valua- ble thing to aid in the election of any person as president of the board of commissioners of said 24 GENERAL LAWS OF ALABAMA. 1911. sioned. Penalty. ^ity, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not ex- ceeding three hundred dollars, and may also be imprisoned in the county jail for a term not ex- ceeding thirty days. P lie men and ^^^' "'^^ — * "^^^^ ^^^ police officers and police- firemen pen- u^en, all officers of the fire department, and fire- men in any city organized under the provisions of this act who shall have honorably served in and been a member of the police and fire depart- ment of any such city or of the municipal organ- ization for twenty years continuously which such city has immediately succeeeded and who shall have attained the age of fifty years shall upon his application in writing to the commission of such city, be relieved and retired from active service in said police department or fire depart- ment upon half pay, that is to say, such police- man or fireman upon being so retired, shall re- ceive and be paid for and during his natural life, an amount of money equal to one-half the sal- ary or pay which such policeman or fireman was receiving at the time of making such application, the same to be paid monthly out of any funds that may be in the treasury of such city not oth- erwise appropriated, provided, that the amount to be paid to any one employee hereunder shall not exceed forty dollars per month. That any officer or policeman or fireman in any such city who shall have become permanently disabled by reason of any injury received while in the ser- vice as a member of said police or fire depart- ment, shall upon his application in writing to the board of commissioners, be relieved and re- tired from active service, in said police or fire de- partment upon half pay, that is to say, such fire- man or policeman, upon being so retired shall receive each month an amount of money equal to one-half the salary or pay which such fireman or policeman was receiving at the time of receiving such injury while in the discharge of his duties as an officer, the same to be paid monthly out of any funds in the city treasury. The board of Amount of pension. GENERAL LAWS OF ALABAMA, 1911. 25 commissioners shall determine and pass upon whether such disability complained of is perma- nent or not, and to this end shall receive any evi- dence in testimony offered by such applicant, and may hear and consider any other testimony or evidence which the said commission or other body shall cause to come before it ; and shall ren- der judgment in said cause, w^hich shall be kept in the minutes of the proceedings of such com- mission. Whenever it shall come to the knowl- edge of such commission that any fireman or po- liceman whom they had adjudged to be perma- nently disabled, has recovered from such disa- bility so as to enable him to earn a livelihood, then the commission may reconsider its former action and withdraw from such fireman or police- man for the future the aforesaid half pay. Pro- vided further that the monthly payment to any fireman or policeman on account of permanent disability, as provided in this section shall not exceed as to any one such fireman or policeman the sum of forty dollars per month. The board of commissioners is authorized to make all neces- sary or proper rules and regulations effectuating the intention of this section. Any officer or po- liceman who shall avail himself of the provisions ^®^®^^®- of this section shall nevertheless remain mem- bers of said police department and while relieved of regular duty shall constitute a reserve of said police department, and be at all times sub- ject to the performance of any duty that may be required by the governing body of said city; pro- vided that no such fireman or policeman who po- sesses independent means of livelihood shall come within the provisions of this section. Sec. 19. The commission shall each month print in pamphlet form a detailed statement of Monthly state- all receipts and expenses of the city and a sum- ments of re- mary of its proceedings during the preceding peJfg|g/° month, and furnish printed copies thereof to the daily newspaper of tfie city, and to persons who publication of apply therefor. At the end of each year the com- mission shall cause a full and complete examina- 26 GENERAL LAWS OF ALABAMA, 1911. Bribery at elections. Penalty. Influencing voters. Penalty. tion of all the books and accounts of the city to be made by competent accountants and shall pub- lish the result of such examination in the manner above provided for publication of statements of monthly expenditures. And the governor is au- thorized at any time to have all the books and accounts of such city examined by a State exam- iner of public accounts, the cost of such exam- ination to be paid by such city upon the presen- tation to the president of the board of commis- sioners of such city of a duly verified statement of such expenses made by such examiner of pub- lic accounts, approved by the governor. Sec. 20. Any person offering to give a bribe, either in money or other consideration, to any voter for the purpose of influencing his vote at any election provided for in this act, or any voter entitled to vote at such election, receiving and accepting such bribe or other consideration, any person making false answer to any of the pro- visions of this act relative to his qualifications to vote at said election, (any election), any person willfully voting or offering to vote at such elec- tion w^ho has not been a resident of this State for two years next preceding such election, or w^ho is not twenty-one years of age, or not a citizen of the United States, or knowing himself not to be a qualified voter of such precinct, where he offers to vote, any person knowingly procuring, aiding or abetting, any violations thereof shall be deem- ed guilty of a misdemeanor, and upon conviction shall be fined a sum of not less than one hundred dollars, nor more than five hundred dollars, and may be imprisoned in the county jail for not less than ten nor more than ninety days. Sec. 21. Any employee of any such city who solicits support from any candidate for commis- sioner or any such employee who shall endeavor to influence any voter to vote for or against any candidate for commissioner, shall be deemed guilty of a misdemeanor arfld on conviction shall be fined not less than ten nor more than fifty dollars and may also be imprisoned in the county GENERAL LAWS OF ALABAMA, ]911. 27 jail for not more than ten days. Justices of the peace and judges of the inferior courts, shall, within their respective territories have jurisdic- tion of this ojffense. Sec. 22. All general laws of this State regulat- state laws ap- ing and prescribing the conduct of municipal Pjy to mu- elections and the qualifications and registration ^o^g^^ ^^^^' of voters thereat shall apply to elections herein- under except so far as expressly modified herein. Sec. 23. The judge of probate of the county in Avhich are located the cities covered by thisPi'obate judge act shall record in a well bound book kept for o^ds^^^ ^^^ that purpose all papers required to be filed with him under the terms of this act, and shall re- ceive therefor the compensation allowed by law Jj^^^^^^^" for recording deeds. Sec. 24. It shall be unlawful for any candi- . date for commissioner or for president of the to^ s "ifcit ^^^^'^^ board or for any other person in his behalf to votes, hire, or pay, or agree to pay, any person to solicit votes at the polls on election, and unlawful for any person to accept such hire, or make such contract for pay to solicit votes for the president of the board or other commissioner; and any per- son violating this section shall be guilty of a mis- demeanor and may be punished by a fine not to Penalty. . exceed five hundred dollars for each offense, and the candidate violating this section shall thereby be disqualified for and rendered ineligible to the office sought. Sec. 25. No candidate for the office of presi- candidates, dent of the board or other commissionership can election ex- lawfully expend more than one thousand dollars penaUy.^'"''^^'^* of his own funds and of funds contributed by others in aiding his candidacy in any one elec- tion. Any person violating the provisions of this section shall thereby be disqualified from holding said office, if successful and his election may be contested on that ground. No person but ap ..,. qualified voter shall sign any petition authorized may sign, by this act. All petitions must contain the cer- tificate of the probate judge as to the requisite (.^,.^12^^^^^ ^^ number of voters required and it shall be the probate judge. 28 GENERAL LAWS OF ALABAMA, 1911. Compensation of probate judge. Petitions. Restric- tions and requirements as to signa- tures. Penalty. Abandonment of commission form of gov- ernment. How secured. duty of the probate judge of the county to ascer- tain that such petition does contain the requi- site number of voters and attach his certificate to such petition. The probate judge shall receive as compensation for such service ten cents for each name up to ,and including one hundred (100) and five cents for each name over that number which said petition may contain. Secu- rity for the payment of such cost to be approved by the probate judge must be given at the time of the presentation of the petition by the person or persons filing the same. Sec. 26. The petitions provided by this act may be by a number of separate instruments as well as by one instument. No person but a qual- ified voter shall sign any petition provided by this act. And no person shall sign the name of another to any such petition whether with or without authority ; and no person shall sign more than one separate instrument as a petition for any single purpose herein provided. Any viola- tion of the foregoing provisions of this section shall constitute a misdemeanor punishable by fines not to exceed three hundred dollars. No qualified voter who has signed any petition pro- vided for herein can withdraw his signature. Sec. 271/2- Any city which shall have operated for more than four years under the provisions of this act may abandon such organization hereun- der, and accept the provisions of the general law of the State then applicable to cities of its popu- lation, by proceeding as follows : Upon the pe- tition of not less than one thousand electors of such city a special election shall be called, at which the following proposition only shall be submitted: "Shall the city of abandon its present organization and become a city under the general laws governing cities of like popula- tion?" If a majority of the votes cast at such special election shall be in favor of such propo- sition, the officers elected at the next succeeding biennial election shall be those then prescribed by the general law of the State for cities of like GENERAL LAWS OF ALABAMA, 1911. 29 population and upon the qualification of such of- ficers such city shall become a city under such general law of the State, and the terms of office of the city under the commission shall expire. The sufficiency of such peition shall be determin- ed, the election ordered, and conducted, and the results declared as provided in this act for other special elections, in so far as the provisions there- of are applicable. If any section or provision of this act shall be held to be void or unconstitu- tional it shall not affect nor destroy the validity or constitutionality of any other section or pro- vision of such act which is not of itself void or unconstitutional. Sec. 28. All laws and parts of laws both local and general, in conflict with the provisions of Repeal, this act, are expressly repealed. This act shall take effect immediately upon its approval. Approved April 6, 1911. UNIVERSITY OF CALIFORNIA LIBRARY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW 298617 J5 //56 UNIVERSITY OF CALIFORNIA LIBRARY