EXCHANGE m^m^^^^^f^r^ AN ACT OF THE LEGISLATURE OF ALABAMA CREATING A COMMISSION FORM OF GOVERNMENT WITH FIVE COMMISSIONERS UNDER WHICH THE CITY OF BIRMINGHAM IS NOW ORGANIZED APPROVED SEPTEMBER 5, 1915 BIRMINGHAM. ALABAMA Digitized by the Internet Archive L^ in 2007 with funding from WVIicrosoft Corporation http://www.archive.org/details/actlegislateOOalabrich AN ACT OF THE LEGISLATURE OF ALABAMA CREATING A COMMISSION FORM OF GOVERNMENT WITH FIVE COMMISSIONERS UNDER WHICH THE CITY OF BIRMINGHAM IS NOW ORGANIZED APPROVED SEPTEMBER 5, 1915 BIRMINGHAM, ALABAMA INDEX Age limit 16 Audit of books to be made 20 Board, meeting of 12 Board, name of 7 Books to be audited __ • 20 Bribe, penalties for offering 20 Campaign, statement of expenses.. 19 Candidates, regulations 15 Certificate of election 5 Cities to which act applies 3 Commission of Five Members 10 Commissioner for each department 11 Commissioners, term of 6 Commissioners not to be interested in contracts • 19 Commissioners, election of 4 Contracts 19 Departments described 11 Duties of President 12 Election, certificate of . 5 Elections governed by general elec- tion laws f> Election of two commissioners 4 Election of Commissioners 6 Election expenses limited 21 Election, notice of . 4 Election, reguladons as to 9 Election, special, to be held 3 Election, second ^ 5 Election must be called 14 Eligibility, oath as to 17 Employes, how selected 18 Employes, salary of 11 Employes not to take part in elec- tions . 20 Exemptions 15 Expenses, statement of campaign.. 19 Five departments described .^ 11 Five members, commission of 10 Form of Petition 16 Form of statement 15 Former rights and obligations con- tinued 10 Franchise ordinances, special reg- ulations on . 14 General election laws govern elec- tions 5 General laws applicable 21 Health laws ^^-^^ *_ 12 Initiative '-'^i.]. \' $ Laws, general, to apply • 21 Majority of votes must be received 5 Meetings to be held every Tuesday 12 Name of Board 7 Notice of election _.• 4 Oath as to eligibility 17 Oath of Commissioners 7 Ordinances, petition on proposed.. 8 Ordinances, proposed to be pub- lished 10 Ordinances, proposed to be in writ- ing . 12 Paid solicitors prohibited .. 21 Papers recorded. 21 Penalties for offering bribe 20 Petition to be filed with clerk 8 Petition, form of 16 Petition on proposed ordinance... 8 Petitions, who shall sign 22 Petitions, Probate Judge shall cer- tify . 22 Petitions to be submitted to board 9 Politics: city employes restrained- 20 Powers, etc., of Commissioners 7 Powers 5 President 6 President, duties of 12 President pro tem 14 Proceedings must be published 20 Public meetings every Tuesday... 12 Recall 17 Records 18 Regulations as to candidates 15 Regulations as to elections 9 Results to be declared • 4 Returns to be canvassed 5 Ri2:hts and obligations continued- 10 Salaries fixed 18 Salary limit for employes 11 Second election 5 Separate ballots 4 Solicitors, paid, prohibited 21 Special elections to be held 3 Statement of campaign expenses.. 19 Term ... 6 Terms, board to fill unexpired 17 Term of Commissioners 6 Term of office 4 \%cancies, how filled 22 Vacancy, board to fill 18 FIVE COMMISSIONERS FORM OF GOVERNMENT AN ACT To provide for the government by a commission of all cities in Alabama whicb now have, or which may hereafter have, a population of one hundred thousand people, or more, according to the last Federal census, or any such census which may hereafter be taken, when such cities by an elec- tion adopt the provisions of this act; to provide for the selection and election of commissioners and their terms of office; to fix their powers, duties and compensation; to pun- ish improper conduct in connection with the election of said commissioners, and to otherwise provide for Tne cre- ation, conduct and maintenance of said commission form of government, and to repeal all laws and parts of laws in conflict with the provisions of this act. Be it enacted by the Legislature of Alabama: Section 1. That all cities of the State of Alabama which now have a population of one hundred thou- sand people, or more, according to the last Federal census, or which may hereafter have such population, according to any such census that may be taken here- after, shall become organized, and shall be conducted under the commission form of government, according to the terms of this act, provided that the qualified voters of such a city shall at an election held as here- inafter provided, elect to be governed according to the terms of this act. Sec. 2. That the election commission of every city in this State now having one hundred thousand population, or more, according to the last Federal cen- sus, shall hold a special election in such city or cities, on the second Monday in October, 1915, after the passage of this act, and such election commission shall hold a special election on the second Monday in October of any year, when it shall be determined by a Federal census that any other city or cities in the State of Ala- bama has attained a population of one hundred thou- sand people, or more, at which election there shall be submitted to the qualified voters of such city the 332686 Cities to which act applies Special elec- tion to be held FIVE COMMISSIONERS FORM OF GOVERNMENT Notice of Election Separate ballots Result to be declared Election of two commis- sioners Term of office proposition whether or not such city shall be organized under and be governed by the provisions of this act. The ballot to be used in such election shall be in sub- stantially the following form : Special election. Mon- day, October 19. Shall the city of become organized under, and be governed by the pro- visions of an act of the Legislature of Alabama, ap- proved (here insert the date of the approval of this act) , providing for a board of five commissioners hav- ing the powers, authority, and receiving the compen- sation provided in this act? Make a cross mark before or after the proposition you vote for. Yes: No : The election commission shall give not less than two weeks notice of the time and place or places of holding such election, by publication in a newspaper published in such city, and shall appoint all managers, clerks, and returning or other officers of such election, and shall perform all other duties with reference to said election required of them by law with reference to the holding of special or general elections in such city and the question of the adoption of the provisions of this act may be submitted by said election com- mission on the same day on which there may be held any general or special municipal election, and in that event there shall be only one set of election officers, and clerks, but each question submitted to the voters shall be on a separate ballot, and separate certificates shall be made of the results of such election. Sec. 3. If at any election held under the provis- ions of this act to submit to the qualified voters of any city having a population of one hundred thou- sand people, or more, whether or not they will elect to become organized under and be governed by the provisions of this act, such proposition is decided in the affirmative by a majority vote of those who vote in such election, the election commission shall certify the result of such election to the governing body of the municipality, and such certificate shall be record- ed on the minutes of such commission. Sec. 4. Thereafter the election commission of such city shall call and hold a special election in such city, and if such city is already organized under a commis- sion form of government having three commissioners, there shall be elected at such election, two additional commissioners for such city, who shall hold office and act as such commissioners, with all the powers and duties pertaining to the office, for the time provided by this act. And in the event any such election shall be called in any city which has not now but which FIVE COMMISSIONERS FORM OF GOVERNMENT may hereafter have a population of one hundred thou- sand, or more, and which is not then under a commis- sion form of government, there shall be elected at the election provided for in this section five commissioners for such city, who shall be the governing body for such city, if this act is approved and adopted by the voters of such city, and such commissioners shall serve from the date of election to the next quadrennial period for such elections, counting such quadrennial periods as beginning the first Monday in November, 1917. Such election shall be held under the general election laws applicable to such cities, and shall be held at the sev- eral voting places in such city, or cities, on the first Monday in December following the adoption of the provisions of this act by the voters of such city or cities at the election held on the second Monday in October. The election commission shall canvas the votes cast in said election so held on the first Monday in December, on the day following such election or as soon thereafter as practicable, and shall give a cer- tificate of election to the two, or the five candidates, as the case may be, who receive a majority of all the votes cast in said election. Each voter shall be enti- tled to vote for two, or five candidates, depending upon the number of commissioners to be elected. Said cer- tificate of election shall entitle the holder to act as com- missioner of said city from the date of such certificate, for the term of which they were elected, and such cer- tificate shall be recorded on the minutes of such com- mission. The commissioners so elected shall have all the powers conferred, upon them by law and by the terms of this act, and they shall receive the compensa- tion hereinafter provided. At any election held under the provisions of this act, at which commissioners are elected, the candidates receiving the highest number of votes for the respective offices for which they are candidates, shall be elected thereto, provided he re- ceives a majority of all votes cast for such office. If at the first election, a majority is not received by any or by an insufficient number of candidates to fill the offices voted for at such election, then a second election shall be held on the same day, one week later, when the name of the candidates receiving the highest number of votes for president, or commissioner, shall be placed on the ballot, provided they were not elected at the first election ; the number of the names so placed upon the ballot to be equal to twice the number of of- fices to be filled, provided such number were candi- Election governed by general elec- tion laws Canvass returns Certificate of election Powers Must re- ceive major- ity of votes cast Second election FIVE COMMISSIONERS FORM OF GOVERNMENT President Term Terms of Commis- sioners Election of Commis- sioners dates in the first election, and the candidate or candi- dates receiving the highest number of votes for said offices at the second election, shall be elected to the office of president, or commissioner, as the case may be. Sec. 5. In the event the qualified voters in any city in this State now having a population of one hundred thousand, or more, shall elect to be organized under, and be governed by the terms of this act, the president of the board of commissioners of all cities, the govern- ment of which is conducted under the provisions of an act of the Legislature, approved March 31st, 1911, shall be president of the commission created by this act, and he shall hold office until the first Monday in November, 1917, and the commissioner of all cities, the government of which is provided for by said act, and who was elected in 1914 to serve for a term of three years, shall be commissioner under this act, and his term of office shall expire on the first Monday in November, 1917; the successor to the commissioner of such cities, whose term of office expires on the first Monday in November, 1915, shall be elected at the gen- eral election to be held in such cities on the second Monday in October, 1915, and he shall serve for a peri- od of two years from the first Monday in November, 1915, and until such successor is elected and qualified, if this act shall be adopted as the form of govern- ment of such cities, otherwise his term of office shall remain as provided by the terms of the act approved March 31st, 1911. If at the election to be held on the second Monday in October, 1915, in those cities which are now organized under and governed by the terms of the act approved March 31st, 1911, a majority of the qualified voters of such city, voting in such elec- tion, elect to be organized under and be governed by the terms of this act, then the commissioners who shall be elected on the first Monday in December , shall serve as such commissioners for a term beginning on the first Tuesday in December, 1915, and ending on the first Monday in November, 1917, and until their successors are elected and qualified. On the second Monday in October, 1917, and every four years thereafter, there shall be elected a president of said commission, and four other commissioners, who shall assume the duties of the office to which they are elect- ed, on the first Monday in November, 1917, and their term of office shall continue for a period of four years, and until their successors are elected and qualified. FIVE COMMISSIONERS FORM OF GOVERNMENT Sec. 6. The president and commissioners herein- before provided for, shall be known as the "commis- sion of the city of " (the name of such city to be inserted) and such commission shall have and exercise the powers and perform the duties in this act provided, and in addition thereto the said com- mission shall have and exercise all the powers and duties granted to or imposed upon municipal corpo- rations by the general laws of the State of Alabama. Each of the commissioners, the selection and election of which is provided for by this act, shall before enter- ing upon their duties, take the oath of office as provid- ed by the constitution of the State of Alabama, and the said commissioners shall also take oath that they are qualified commissioners under the terms of this act. Said board of commissioners shall not have, possess or exercise any legislative, executive or judi- cial or administrative powers of the State or county, nor shall the offices held by them be State offices ; pro- vided, however, that the office of commissioner, the term of which under the provisions of this act expires on the first Monday in November, 1915, is and shall be a judicial office, and the commissioner appointed thereto, and hereafter elected thereto, is clothed with full and ample power to administer justice under the ordinances of said city only, and to administer judi- cially the ordinances of said city only, and the legisla- tive and Executive powers herein above conferred upon the commissioner whose term of office expires as aforesaid, shall be an incident merely to said judi- cial office, and shall be confined only to municipal matters. Sec. 7. The commissioners herein provided for when sitting as a body and acting in their official capa- city, shall be known as the "commission" of said city, as hereinbefore provided, and they shall have, pos- sess, and exercise, for, in the name of, and in behalf of said city, all the municipal powers, legislative, ex- ecutive and judicial, which are possessed and exercised by the former governing bodies of such municipality as prescribed by the charter thereof, and all other gen- eral acts relating to the government of such city, and also all the powers which may have been granted to or exercised by any board or commission of any kind heretofore created by the Legislature of the State of Alabama, shared with any duties in connection with the government of such city, except as the same have been modified or repealed by the general laws of the State of Alabama, or by the provisions of this act, and Name of board Powers, etc. of commis- sioners Oath of com- missioners Known as the "commis- sion" FIVE COMMISSIONERS FORM OF GOVERNMENT Initiative Petition on proposed ordinance File petition with clerk all such boards, commissions and officers of such for- mer boards and commissions, shall and the same are hereby abolished; and the terms of office of any and all such officers or officials shall cease upon the passage and approval of this act, provided, however, that noth- ing herein contained shall be construed to repeal any law creating a board of education for such cities, and prescribing the duties of such board, except that the president of the commission created by this act, shall by virtue of his office be the chairman of such board of education. Sec. 8. Any proposed ordinance may be submitted to the board of commissioners by petition signed by at least fifteen hundred (1,500) qualified electors of the city. All petitions, circulated with respect to any proposed ordinance, shall be uniform in character and shall contain the proposed ordinances in full, and have printed thereon the names and addresses of at least five electors who shall be officially regarded as filing the petition and shall constitute a committee of the petitioners for the purpose hereinafter named. Each signer of a petition shall sign his name and shall have placed on the petition after his name his place of residence by street and number, if there be such street and number. The signatures to any such petition need not all be appended to one paper, but to each such paper there shall be attached an affidavit by the circulator thereof stating the num- ber of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and was made in the presence of the affiant. All pa- pers comprising a petition shall be assembled and filed with the clerk or secretary of the board of commission- ers, or the secretary of said board, as one instrument. Within seven (7) days from the filing of a petition the clerk or secretary shall ascertain whether it is signed by the required number of qualified electors. Upon the completion of his examination the clerk or secretary shall endorse upon the petition a certificate of the result thereof. If the clerk or secretary's cer- tificate shows that the petition is insufficient, he shall at once notify each member of the committee of the petitioners hereinbefore provided for, and the peti- tion may be amended at any time within ten (10) days from the date of the clerk or secretary's certificate of examination, by filing with the clerk an additional petition in the same mannei- as provided for the origi- nal petition. Upon the filing of such amendment the FIVE COMMISSIONERS FORM OF GOVERNMENT clerk or secretary shall, within ten days thereafter, examine the amended petition and attach thereto his certificate of the result. If still insufficient, or if no amendment shall have been filed, the clerk or secretary shall file the petition in his office and shall notify each member of the committee of that fact. The final find- ing of the insufficiency of a petition shall not preju- dice the filing of a new petition for the same purpose. When the certificate of the clerk or secretary shows the petition to be sufficient, he shall submit the pro- posed ordinance to the board of commissioners at its next regular meeting. Such board shall either, (a) pass and adopt said ordinance without alteration within twenty days after attachment of the clerk's or secretary's certificate to the accompanying peti- tion, or, (b) forthwith, after the clerk shall have at- tached to the petition accompanying such ordinance, his certificate of sufficiency, the board shall transmit the papers and petition to the election commission, which shall call a special election, unless a general municipal election is fixed within twenty days there- after, and at such special or general election, if one is so fixed, such ordinance shall be submitted without alteration, to the vote of the electors of said city. But if the petition is signed by not less than one thou- sand nor more than fifteen hundred qualified electors, as above defined, then the board shall within twenty days pass and adopt said ordinance without change, or the same shall be submitted at the next general city election, occurring not more than thirty days after the clerk or secretary's certificate of sufficiency is attached to said petition. The ballots used when vot- ing upon said ordinance shall contain these words, "For the ordinance" (stating the nature of the propos- ed ordinance), and "Against the ordinance," (stating the nature of the proposed ordinance), and the voter shall express his choice by a cross mark. If the ma- jority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the city; and any ordinance proposed by petition, or which shall be adopted by vote of the people, can- not be repealed or amended except by a vote of the people. Any number of proposed ordinances may be voted upon at the same election, in accordance with the provisions of this section, but there shall not be more than one special election in any period of six months for such purpose. A proposal for the repeal of such ordinance or for amendments thereto may be Submit peti- tion to board Regulations as to elec- tions 10 FIVE COMMISSIONERS FORM OF GOVERNMENT Proposed ordinance must be published Former rights and obligations to continue Commission of five mem- bers submitted to be voted upon at any succeeding general election, and should such proposition so submitted re- ceive a majority of the votes cast thereon at such elec- tion, fiuch ordinance shall thereby be repealed! or amended accordingly. Whenever any ordinance or proposal is required by this section to be submitted to the voters of the city at any election, such ordinance or proposal shall be published in the same manner as referendum ordinances or proposals are herein requir- ed to be published. The election to be held under this section shall be in accordance with general election laws governing elections in such city, and all laws governing elections generally, applicable to such city, shall be applicable to elections held hereunder. Sec. 9. That all cities in this State now having a population of one hundred thousand or more, accord- ing to the present Federal census, shall continue its /existence as a body corporate under the name of "City of " (inserting the name of said city) and such city shall continue to be subject to all duties and obligations pertaining to or incumbent upon it as a municipal corporation not inconsistent with the pro- visions of this act, and shall continue to enjoy all the rights, immunities, powers, privileges and franchises heretofore enjoyed by it, as well as those that may hereafter be granted to it not inconsistent 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 have become organized under the provisions hereof. All by-laws, ordinances and resolutions lawfully passed and in force in any such city under its former organi- zation, not inconsistent with the provisions of this act, shall remain in force until altered or repealed. The territorial limits of such city shall remain the same as under its former organization, and all rights and prop-* erty of every description which were vested in it, shall vest in it under the organization herein provided for, as though there had been no change in the govern- ment of said city; and no right or liability either in favor of it or against it, and no suit or prosecution of any kind shall be affected by the change of govern- ment herein provided for, unless otherwise expressly provided for by the terms of this act. All employees of said city shall continue in office until otherwise pro- vided by the commission for said city created by this act. Sec. 10. Every city organized under the provis- ions of this act shall be governed and managed by a FIVE COMMISSIONERS FORM OF GOVERNMENT 11 commission of five members, the selection and election of which are provided for by this act. Each and every officer and employee of said city, except health officer and such persons as may be employed by him to en- force quarantine, shall be selected and employed by the commission, or under its direction, and all salaries and wages paid by said city, except as herein otherwise provided, shall be fixed by said commission, provided that no subordinate official or head of departments shall receive a salary exceeding thirty-six hundred dollars ($3,600) per annum, but this shall not pre- vent the city from employing legal counsel or consult- ing engineers at a higher compensation, when in the opinion of the commission, the welfare of the city re- quires it. The commission shall prescribe, and may at any time change the powers, duties and titles of all subordinate officers and employees of said city, except the title of the city health officer, and all of said officers and employees shall hold office and be removable at the pleasure of the commission. Sec. 11. The powers and duties in such cities shall be distributed into and among five departments, as follows: 1. Department of general administration, finances and accounts; which department shall be especially charged with the administration of all legal affairs of the city, the purchase of supplies, the col- lection of taxes, licenses and other sources of income, the expenditures of the city, the management of its sinking fund, and a general supervision over the public affairs of the city, and its finances, including the pay- ment of interest on the public debt. 2. Department of public improvements ; which department shall have special supervision of all public improvements in such city, including the improvement and maintenance of streets and sidewalks, the building of viaducts, the construction of sewers, and the erection of all public buildings. 3. The department of public property and public utilities; which department shall have super- vision over the management and maintenance of all public buildings, parks, playgrounds and public utili- ties, either owned and operated by the city or operated by private corporations under franchises or contracts with the city. 4. Department of public safety ; which shall have supervision over the fire and police depart- ment, and all things connected therewith. 5. The de- partment of public health and education, which shall have supervision over the public health and sanita- tion, and all matters pertaining thereto, and over the public schools, public library, and the administration Salary limit for employees Five depart- ments de- scribed Commission^ er for each department 12 FIVE COMMISSIONERS FORM OF GOVERNMENT Duties of president Health laws iPublic meet- ings every Tuesday of the educational system of the city. The powers and duties pertaining to each of said departments shall be fixed by the commission according to the general plan above outlined, and one member of said commis- sion shall be assigned to the head of each such depart- ments, and shall supervise and control its operation subject to the authority of the commission, and shall exercise and perform the powers and duties prescrib- ed by this act, and such additional duties as may be designated by the said commission,and the assignment may be changed at any time by a majority of said com- mission. The president of the commission shall be the general executive officer of the city,and shall be charg- ed with the general supervision and direction of its af- fairs ;each commissioner acting as the head of the de- partment to which he is assigned, shall give his entire time to the duties required of him as commissioner ,and as the head of his department ;and the power and auth- ority of such commissioner as the head of his depart- ment shall be limited to the execution and enforce- ment of the laws and ordinances of such city pertain- ing to his department, and the administration thereof, except the legislative powers which said commissioner shall have and may exercise at the regular or special meetings of said commission sitting as a legislative body. The commission shall establish office hours for each department, and all employees thereof, shall be present during such hours for the performance of their duties therein. Provided that health and quar- antine matters shall be administered in accordance with the established public health system of the State, and such health laws as are now in force, or may here- after be enacted, and also in accordance with such or- dinances as are now in force, or may hereafter be legally enacted by said commission. Sec. 12. Said commission shall hold regular public meetings on Tuesday of each and every week at a regular hour to be fixed by the order of said commission from time to time and publicly announced; it may hold such ad- journed, called, special or other meetings as the busi- ness of the city may require. The president of the commission, when present, shall preside at all meet- ings of said commission. The members of the com- mission shall constitute a quorum for the transaction of any and every business which comes before it, and for the exercise of any and every power conferred upon said commission, and the affirmative vote of three members of said commission shall be necessary FIVE COMMISSIONERS FORM OF GOVERNMENT 13 and sufficient for the passage of any resolution, by- law or ordinance or the transaction of any business of any sort by the said commission, or the exercise of any of the powers conferred upon it by the terms of this act, or which may hereafter be conferred upon it, except that the vote of four members shall be re- quired to pass an ordinance or resolution over the veto of the president. No resolution, by-law or ordi- nance granting any franchise, appropriating any money for any purpose providing for any public im- provements, enacting any regulation concerning the public comfort, the public safety or public health, or of any other general or permanent nature, except a proclamation of quarantine, shall be enacted except at a regular public meeting of said board, or an ad- journment thereof. Every ordinance introduced at any and every such meeting, shall be in writing and read before any vote thereon shall be taken, and the yeas and nay^ thereon shall be recorded. All ordi- nances or resolutions shall be adopted by a majority vote of the commission. All ordinances and all reso- lutions of a permanent nature after having been adop- ted by the commission shall be submitted to the presi- dent, who shall if he approve the same, signify such approval by endorsement on such ordinance or reso- lution within five days after the same shall have been submitted to him, and if he does not approve the same, he shall return the same to the commission with his veto, and his reasons therefor endorsed thereon, and such resolution or ordinance shall not thereafter be- come effective, unless at the following regular meeting of the commission, the four commissioners of such city shall vote in favor of the passage of such ordi- nance or resolution, notwithstanding the veto of the president. A record of the proceedings of every meeting of the commission shall be kept in a well- bound book, and every resolution or ordinance pass- ed by the commission must be recorded in such book, and the record of the proceedings of the meeting shall be signed by the president of the commission, or by three commissioners before action shall be effective. Such record shall be kept available for inspection by all citizens of such city at all reasonable times. No ordinance of permanent operation shall be passed at the meeting at which it was introduced, except by unanimous consent, and such unanimous consent shall be shown by the aye and nay vote entered upon the minutes of such meeting, provided, however, that if the president of the commission and all the commis- sioners vote for the passage of the ordinance, and Proposed ordinances must be in writing Records 14 FIVE COMMISSIONERS FORM OF GOVERNMENT President pro tern Special regu- lations On franchise ordinances Must call election their names are so entered of record as voting in fa- vor thereof, it shall be construed as giving uanimous consent to the action upon such ordinance at the meet- ing at which it is introduced. Sec. 13. At the first meeting of the commission- ers provided for by this act, they shall designate by a majority vote one of their number as president pro tem, who shall have all the authority, and discharge all duties, that devolve upon the president of the said commission during the absence of the president on account of illness, or any other cause. Sec. 14. No resolution, by-law or ordinance grant- ing to any person, firm or corporation any franchise, lease or right to use the streets, public highways, thor- oughfares, or public property of any city organized under the provisions of this act, either in, under, up- on, along, through, or over same shall take effect and be enforced until 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 newspaper 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 between its final pas- sage, and the expiration of the thirty days during which publication shall be made as above provid- ed, the legally qualified voters of said city may, by written 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- with order an election, which shall be conducted by the election commission of such city, at which election the legally 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 mak- ing such grant shall be published at length and in full at the expense of the city in at least two newspapers published in said city by one publication. If at such election the majority of the votes cast shall be in favor of such election the majority of the votes cast shall be in favor of said ordinance and the making of said proposed grant, the same shall thereupon become ef- fective ; but if a majority of the votes so cast shall be FIVE COMMISSIONERS FORM OF GOVERNMENT 16 agaist the passage of said resolution, by-laws or ordi- nance and against the making of said grant, 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 election shall be determined, to pass resolution or ordinance to that effect. No grant of any franchise or lease or right of user, or any other right in, under, upon, along, through, or over the streets, public highways, thoroughfares or public property of any such city, shall be made or given, nor shall any such rights of any kind whatever be conferred upon any person, firm or corporation, except by a resolution or ordinance duty passed by the board of commissioners at some regular or adjourned public meeting and published as above provided for in this section; nor shall any ex- tension 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 pro- Exemptions vided for as to the original grant of same. It is ex- pressly provided, however, that the provisions of this section shall not apply to the grant of sidetrack or switching privileges to any railroad or street car com- pany for the purpose of reaching and affording rail- way connections, and switch privileges to the owners or users of any industrial plant, store or warehouse; 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. Regulations Sec. 15. In every city which shall become organ- ^^ *° candi- ized according to the provisions of this act, any per- son desiring to become a candidate at any election for the office of president of the commission, or com- missioner, may become such candidate by filing in the office of the judge of probate of the county in which such city is situated, a statement in writing of such candidacy, accompanied by an affidavit taken and cer- tified by such judge of probate, or by a notary public, that such person is duly qualified to hold the office for which he desires to be a candidate. Such statement shall be filed at least twenty-one days before the day set for such election, and shall be in substantially the following form: "State of Alabama ( Form of County), I, the undersigned, being first duly sworn statement 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 candi- date for the office of in said city for the term 16 FIVE COMMISSIONERS FORM OF GOVERNMENT of years at the election for said office to be held on the day of October next; that I am duly qualified to hold said office if elected thereto, and I hereby request that my name be printed upon the official ballot at 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. Form of See. 16. Said statement shall be accompanied by petition ^ petition signed by at least two hundred persons, who shall be qualified to vote at said 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 address- es and said petition shall be in substantially the fol- lowing form: "We, the undersigned, duly qualified electors of the city of and residing at the places set opposite our respective names, do hereby request that the name of be placed upon 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 October next. We further state that we know said to possess the qualifications necessary for said office (and to be in our judgment a fit and proper person to hold said office) . Witness our hands on this the day of 19 " At every such election all ballots to be used by voters shall be printed and prepared by the election commis- sion and at the expense of said city, and shall contain the names of all candidates placed in alphabetical or- der directly underneath the words "For president of the commission" and "For commissioner" as the case may be. No name shall appear upon said ballot as a candidate for election except the names of such per- sons as have become candidates, according to provis- ions as above set forth ; no ballot shall be used at any such election except the official ballot prepared by the election commission. Age limit Sec. 17. The president and other commissioners provided for in this act shall be twenty-five years of age at the time of their election, and shall be duly qualified electors of such city and they shall be elected by the vote of the legally qualified voters thereof. In case any person after he shall have been elected and duly qualified as president of the commission, or com- missioner, shall be declared ineligible to hold such of- fice, a successor shall be chosen, as in the case of va- FIVE COMMISSIONERS FORM OF GOVERNMENT 17 cancy caused by death, resignation or any other cause. Sec. 18. Every person who shall be elected or ap- pointed to the office of president of the commission, or commissioner, in any city organized, according to the provisions of this act, shall on or before the first Monday of November following his election, or on or before the following Monday of the month of his ap- pointment, qualify by making oath that he is eligible for said office, and will execute the duties of same, ac- cording to the best of his knowledge and ability. Said oath may be administered by any person authorized to administer an oath under the laws of Alabama. Sec. 19. The qualified voters of any city organ- ized under the provisions of this act, may at any time file with the election commission of such city at any regular meeting thereof, a petition, or petitions ask- ing for the resignation of the president of the com- mission, or any member of said commission. Such petition shall contain a general statement of the grounds upon which the removal of said officer is re- quested, and each signer shall add after his signature, and opposite thereto, his residence address. In case such petitions shall be signed by at least three thous- and voters duly qualified to vote for successor to the officers sought to be recalled, a copy thereof shall be delivered to the city commission and the said officer or officers shall not, on or before the next regular meeting of said board resign from office, then said election commission shall immediately thereafter or- der an election to be held by the election commission not less than thirty days, nor more than forty days from date of said meeting, at which election a succes- sor to such office or officers to hold office for the unex- pired term shall be voted for. At such election, the officer or officers sought to be recalled from office, shall be a candidate, and his or their name shall be placed upon the official ballot without any affirmative action on the part of such officer or officers. Notice of such election shall be given publication once a week for three successive weeks in some newspaper published in said city. The person who shall be elected to such office or offices, shall hold the same for the unexpired term thereof, and if the person or persons so elected be the incumbent whose removal has been requested, then he or they shall continue in office, as though such petition had not been filed , or 'such election held. Should no candidate at such election receive a major- ity of the entire votes cast under the provision of this section, another election shall be held on the same day Oath as to eligibility The recall To fill un- expired term 18 FIVE COMMISSIONERS FORM OF GOVERNMENT Board fills vacancies Salaries fixed Employees: how selected of the following week for such office or offices, at which the two candidates for each office receiving the highest number of votes for said office, shall be voted for. The candidate or candidates receiving the high- est number of votes at such election shall be declared elected. Should the provisions as to the recall of com- missioners contained in this act, or should any other section or provisions thereof, be held to be void or un- constitutional, it shall not affect or destroy the valid- ity of this act, or of any other section or provision hereof, which is not itself void or unconstitutional. Sec. 20. Whenever any vacancies shall occur in the office of president of the commission, or other commissioner of any city organized under the terms of this act, then a successor to such president or com- missioner shall be elected by the remaining members of the commission. Every person who shall be elect- ed to fill any vacancy under the provisions of this sec- tion, or any other section of this act, shall qualify for office as soon as practicable after the result of such election is declared, and shall be clothed with the du- ties and responsibilities and powers of such office im- mediately upon such qualification, and he shall hold office for the unexpired term of his predecessor. Sec. 21. The president of the commission of all cities organized under the provisions of this act, shall receive an annual salary of five thousand dollars, pay- able in monthly installments at the end of each month, and each commissioner of cities organized under the terms of this act, shall receive an annual salary of four thousand dollars, payable in monthly install- ments at the end of each month, said installments to be paid at the same rate for any portion of the month during which the president or commissioner shall hold office at the rate thus provided. Sec. 22. The employees of cities organized under this act shall be selected by the commissioners solely on account of their fitness and without regard to their political affiliations. It shall be unlawful to hold party caucuses or primaries for the purpose of nomi- nating any employee to be selected by such commis- sioners, and any person who shall solicit or accept a party nomination for any office to be filled by said commissioners, shall be thereby rendered ineligible for such office, or for any other office under said city for a period of one' year thereafter. Sec. 23. It shall be unlawful for any candidate for office, or any officer in such city, directly or indi- rectly, to give or promise any person or persons, any FIVE COMMISSIONERS FORM OF GOVERNMENT 19 office, position, employment, benefit or anything of value, for the purpose of influencing 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 itemized statement of all his election and campaign expenses, and by whom such funds were contributed. Any vio- lation of the provisions of this section shall be a mis- demeanor, punishable by a fine of not more than three hundred dollars, and be a ground for removal from office. Sec. 24. No officer or employee elected or appoint- ed in any such city shall be interested, directly or in- directly, in any contract for work or material, or the profits thereof, or services to be furnished or perform- ed for the city, and no such officer or employee shall be interested directly or indirectly, in any contract for work or material, or the profits thereof, or services to be furnished or performed for any person, firm or corporation operating interurban railway, street rail- way, gas works, electric light or power 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 or any employee or attorney of any corporation oper- ating any public service utility within said city. No such officer or employee shall accept or receive direct- ly or indirectly from any person, firm or corporation operating within the territorial limits of said city any interurban railway, railway, street railway, gas works, water works, electric light or power plant, heating plant,, telegraph line, or telephone exchange, or other business using or operating under a public franchise, any frank, free pass, free ticket or free ser- vice, or accept or receive, directly or indirectly, from any such person, firm or corporation, any gift or oth- er thing of value, or any service upon terms more fa- vorable 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 transporta- tion shall not apply to policeman or fireman in uni- form, nor to policemen in the discharge of their duty ; Statement of campaign expenses Cities con- tracts: com- missioners not inter- ested 20 FIVE COMMISSIONERS FORM OF GOVERNMENT Politics: city employ- ees restrained Proceedings must be printed Books to be audited Penalties for offering bribe nor shall any free service to city officials heretofore provided by any franchise or ordinance be affected by this section. Any officer or employee of such city, who, by solicitation, or otherwise, shall exert his in- fluence, directly or indirectly, to influence other offi- cers or employees of such city to favor any particu- lar person or candidate for office as president of the commission, or commissioner of said city, or who shall in any manner contribute money, labor or other valuable thing to aid in the election of any person as president of the commissioner, or commissioner of said city, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding three hundred dollars, and may also be imprisoned in the county jail for a term not exceeding thirty days. Sec. 25. The commission shall each month print in pamphlet form a detailed statement of all receipts and expenses of the city, and a summary of its pro- ceedings during the preceding month, and furnish printed copies thereof to the daily newspapers of the city and to persons who apply therefor. At the end of each year, the commission shall cause a full and complete examination of all the books and accounts of the city to be made by competent accountants, and shall publish the result of such examination in the manner above provided for publication of statements of monthly expenditures. And the Governor is auth- orized at any time to have all the books and accounts of such city examined by a State examiner of public accounts, the cost of such examination to be paid by such city upon the presentation to the president of the commission of such city, of a duly verified statement of such expenses made by such examiner of public ac- counts, approved by the Governor. Sec. 26. Any person offering to give a bribe eith- er in money or other consideration to any voter for the purpose of influencing his vote at any election pro- vided in this act, or any voter entitled to vote at any such election, receiving and accepting such bribe or other consideration, any person making false answer to any of the provisions of this act, relative to his qualifications to vote at said election, any person wil- fully voting or offering to vote at any such election who has not been a resident of this State for two years next preceding said election, or who is not twen- ty-one years of age, or is not a citizen of the United States, or knowing himself not to be qualified voter of such precinct where he offers to vote, any person knowingly procuring, aiding or abetting any violation FI\TE COMMISSIONERS FORM OF GOVERNMENT 21 hereof shall be deemed guilty of a misdemeanor, and upon conviction shall be fined a sum 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. 27. Any employee of such city who solicits support for any candidate for commissioner, or any such employee who shall endeavor to influence any voter to vote for or against any candidate for commis- sioner, shall be deemed guilty of a misdemeanor, and on conviction shall not be fined less than ten nor more than fifty dollars, and may also be imprisoned in the county jail for not more than ten days. Justices of the peace and judges of the inferior courts shall with- in their respective territories, have jurisdiction of this offense. Sec. 28. All general laws of this State regulating and prescribing the conduct of municipal elections and the qualifications and registration of voters there- at, shall apply to elections hereunder, except so far as expressly modified herein. Sec. 29. The judge of the probate court of the county in which are located the cities covered by this act, shall record in a well-bound book kept for that purpose, all papers required to be filed with him under the terms of this act, and shall receive therefor the compensation allowed by law for recording -deeds. Sec. 30. It shall be unlawful for any candidate for commissioner, or for president of the commission, or for any other person in his behalf, to hire or pay, or agree to pay, any person to solicit any votes at the polls in election, and unlawful for any person to ac- cept such hire or make such contract for pay, to soli- cit votes for the president of the commission, or other commissioner; any person violating this section shall be guilty of a misdemeaner, and may be punished by fine not to exceed five hundred dollars for each ofl^ense, and the candidate violating this section shall thereby be disqualified for and rendered ineligible for the office sought. Sec. 31. No candidate for the office of president of the commission, or other commissioner can lawful- ly expend more than one thousand dollars of his own funds, and the funds contributed by others, in aiding his candidacy in any one election, a run-off to be treat- ed as a separate election. Any person violating the provisions of this section shall thereby be disqualified for holding said office, if successful, and his election may be contested on that ground. All general laws to apply Papers recorderi Paid solici- tors prohib- ited Election exfienses limited 22 FIVE COMMISSIONERS FORM OF GOVERNMENT Petitions : who shall sign Petition : probate judge shall certify Vacancies : how filled Sec. 32. The petitions provided by this act may be by a number of separate instruments as well as by one instrument. No person but a qualified voter shall sign any petition provided for by this act. And no person shall sign the name of another to any such petition whether with or without authority ; and no per- son shall sign more than one separate instrument as a petition for any single purpose herein provided. Any violation of the foregoing provisions of this sec- tion shall constitute a misdemeanor by a fine not to exceed three hundred dollars. No qualified voter who has signed any petition provided for herein can with- draw his signature. All petitions provided for herein must bear the certificate of the judge of probate of the county in which such city is situated, that it has the number of signatures required by law of qualified voters, and it shall be the duty of said probate judge to hear and determine all questions as to the genuine- ness of signatures and the qualifications of voters signing such petition before giving such certificate; and such certificate of the probate judge shall be final and conclusive. Should said probate judge decide that any such petition was not signed by the required number of qualified voters, it shall be his duty to re- turn said petition with the written statement of the details of its insufficiency to the persons presenting such petition, and such persons shall have ten days thereafter to have said petition signed as required by law, at the end of which time they shall again present such petition to the probate judge for re-examination. For his services in passing on any such petition, the probate judge shall receive from the person present- ing such petition for his examination the cost of the clerical work incident thereto, and twenty per cent, of such amount. Security for the payment of such costs must be given at the time of the presentation of such petition. Sec. 34. Should vacancies exist simultaneously from any cause hereinbefore provided for in three commissionerships so as to leave no quorum of said board to fill the same, an election to fill said vacancies shall be called by the election commission to be held not less than than twenty days nor more than thirty days from the occurrence of the second vacancy. No- tice of said election and of the time of holding same shall be given by one publication at least fifteen days in advance of the same in two or more newspapers published in said city at the expense of said city. The FIVE COMMISSIONERS FORM OF GOVERNMENT 23 commissioners chosen at said election shall qualify as speedily as possible thereafter. Sec. 35. This act shall become operative upon the passage of this act, and its approval by the Governor. Sec. 36. That all laws and parts of laws, local, general or special in conflict with the provisions of this act, be and the same are hereby repealed. Approved September 25, 1915. UNIVERSITY BERKELEY LIlrlRARr THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW Books not returned on time are subject to a fine of 50c per volume after the third day overdue, increasing to $1.00 per volume after the sixth day. Books not in demand may be renewed if application is made before expiration of loan period. f0 ^ LIBRARY USE JtJN27t96 m 2. 7 B61 i 50m-7.'16 352686 UNIVERSITY OF CAUFORNIA UBRARY