The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-11
AN ACT
H. Asa.

|
Secretary of state
AN ACT
NJ A., eli Ash
To authorize cities and towns in the
State of Alabama to cause elections
to be held therein to authorize the
issue of bonds for purchasing or con-
structing public buildings sewers
streets, alleys, bridges, and pubic
school houses and buildings, to pur-
chase water works and light plants or
to construct the same, and for such
other purposes as may be authorized
bv law: to provide for the manner of
giving notice of such election the
manner Of holding the same and the
payment of expenses thereby IN
cured and to authorize the Issue OF
bonds when at such election the voters
thereat shall decide in favor of such
| bond issue Be 1t enacted by the Leg
islature of Alabama as follows
Section l. The mayor and common
council, mayor and aldermen. or other
governing body of any city or town in
| the State of Alabama is hereby author
lied to order elections to be held in such
city or town for the purpose of the quail
fed electors of such municipality voting
upon and deciding the question as to
whether or not the bonds of such munich
pality shall be issued for the purpose OF
purchasing or constructing public build
ings. sewers streets, alleys bridges and
public school houses and buildings, to
purchase water works and light plants,
or to construct the same or for such other
| PURPOSES as are authorized by law when
ever such governing board deems 1t neces-
| sary: but no second election under this
Act shall be held within two years of an
election Heretofore held for the same
purpose unless 1t be to authorize the is
sue of bonds to rebuild public buildings
or other public utilities or bridges. de-
stroyed since the Issue of the order of
such first election.
Sec g. Notice of such election shall be
given for thirty 800 days by publication
! in a newspaper published In the munich
| pality in which such election is to be held
once week for three successive weeks,
which notice shall state the purpose for
| which the election is to be held. and the
| time and place for holding the same, the
! amount of the proposed bond issue the
rate of interest the bonds are to bear
the time for which they are to run, and
the purpose for which the bonds are to be
Issued, and such notice shall be signed by
the mayor or other chief executive OFF,
Ger of such municipality In which such
eleo ton Is to be held, and If no news
paper is published therein, such notice
must be posted In five (5) public places In
said municipality at least thirty 600 days
before the time of holding said election.
Sec. g. The ballot used at such election
must be prepared by the mayor or other
chief executive officer, and shall contain
the words "For-bond issue" and
"Against-bond issue (the character of
the bonds to be shown In the blank spaced
and the voter shall indicate his choice by
placing a cross mark before or after the
one or the other.
| Sec T. 1t shall be the duty of the may
| or and aldermen or other governing body
of such municipality In which an election
| under this act is to be held. to appoint
three managers and one returning off,
Ger for each voting precinct In such rnu-
nicipality to conduct said election, and
in appointing such managers, as far as
| practicable, at least one manager at each
voting precinct shall be for bond Issue
and one against bond issue. 1t shall be
| the duty of the chief executive officer of
such municipality to notify the mana
| gers and returning officers of their APP
pointments and to deliver the boxes and
| ballots to the managers at the several
voting precincts in the municipality.
Sec. s. All expenses for holding such
! election shall be paid out of the Treas
ury of the municipality in which the
| same is held, ana the managers, clerks
| and returning officers shall be entitled to
| the same compensation as managers,
| clerks and returning officers at other mu-
nicipal elections.
| Sec. 6. The Mayor and Aldermen. or
| other governing board of the municipality
In which an election is held under this
| Act, shall constitute a board to canvass
| the returns and declare the result of such
election, and 1t shall be its duty to meet
at the usual place of meeting within three
days after the date of holding such cleo
ton and canvass the returns and declare
the result thereof.
See Z. Any election held under the
provisions of this Act can be contested
under the provisions of the Code of Ala
bama regulating the contests of elections
of Justices of the Peace, but no contest
of an election can be instituted after the
expiration of ten days from the date OF
the canvass of the returns of said cleo
ton.
Sec. s. The record of the result of the
election held hereunder as returned by
the minutes of the board of canvassers
shall be recorded In the proceedings of
such municipality in which the same is
held and when so recorded the record
shall be conclusive evidence of the mat
ters therein stated. and of the validity of
such election. unless contested as pro-
vded In the preceding section.
| Sec. g. If at an election held under and
| according to the provisions of this Act a
majority of the qualified electors voting
| at such election of the municipality in
| which the election Is held, vote for bond
| ISSUE the Mayor and Aldermen or other
| governing body of the municipality in
which such election is held is hereby au-
| thorized to issue the bonds of such mu-
nicipality in the amount and for the pur-
poses mentioned in the notice of said cleo
| ton.
Sec. 10. No city, town or other munich
pality corporation having a population of
less than six thousand, except as here
after provided, shall become indebted in
an amount, including present indebted
ness, exceeding five per centum of the as
sessed value of the property therein, ex-
cept for the construction or purchase of
water works, gas or electric lighting
plants, or sewerage or for the improve
ment of streets. for which purposes an
additional indebtedness not exceeding 5
per centum may be created; provided, this
limitation shall not affect any debt now