The Birmingham age-herald., 1907-08-29

| H4 the right to prosecute, to final judgment, such suit or suits against the annexing city or town, shall exist the same as f | the right of action originally existed against the annexing city or town.
 Sec. 4 All rights of action existing 1 against the city or town annexed shall | be a right Of action against the city or town annexing the other city or town, and suits may be brought against the ! annexing city or town the same as if the l right of action originally existed against the annexinE city or town.
 Sec. D. All suits pending, brought by i the city or town annexed, shall, on mo- tion. be made suit by the city or town l annexing the other city or town, and tha right to prosecute such suit to final judg- l ment by the annexfng city or town, shall | exist the same is if the right Of ac- | tion originally existed in favor of the | annexing city or town.
 Sec. 6. All rights of action existing in | favor of the city or town annexed shall be a right of action existing in favor of the city or town annexing the other city or town, may bring suit the same as If | such right of action originally existed in favor of the annexlng city or town.
 Sec [. All indebtedness and obligations Of every kind and character of the city or town annexed shall be paid. or pay ment thereof assumed, by the annexlng city or town. as between the city or town annexed and the annexing city or town tho agreement by annexation and terms thereof shall oe binding as regards the payment or assumption of such in- debtedness, but as to the creditor, the payment or assumption of payment by the annexing city or town shall be abso- lute and unconditional
 Sec B. The agreement of annexation shall bo and shall be held to be a con- tract by and between the city or town annexed and the city or town to which annexation is made, and no amendment hereof or subsequent law enacted shall ] in any wse abrogate or change the terms l of the agreement of annexauon and any person residing in or owning property in 1 the territory which was embraced with l in the city or town annexed shall have the right in a court having jurisdiction to require the annexing city or town to abide by and carry out the provisions i Of the agreement of annexation.
 Sec. g. It shall be the duty of the l council, or governing body of the annexing city or town to enact such ordinances and pass such resolutions as may be necessary, or deemed neees- sary to carry out the agreement of annexation, and any ordinance or res olution enacted, or passed by the i Council, or governing body, of the annexing city in violation of the terms and provisions of the agreement of annexation shall be, and shall be held, l to be void.
 Sec. 10. The annexed city or town from and after the time of annexation, under the terms hereof, shall be and shall be held, to be dissolved, and from and after the time of such disso- I lution, all of the ordinances, resolu- tions and by-laws of the annexing oity shall apply to and be enforceable l in the territory which was embraced in the annexed city or town, except ii so far as is inconsistent with the terms and provisions of the agreement of | annexation.
 Sec. Il. The rights. powers, duties lla- bilities and Jurisdictions of the annex ing city over the territory embraced in the corporate limits of the city an nexed. and over the inhabitants there of. shall attach Immediately upon the dissolution of the annexed city as herein provided, except in so far as limited by the terms and provisions of agreement of annexation.
 Sec. 12 The agreement of annexa- tion may provide for specific territory i and property having a situs thereon embraced in the annexed city or town to be exempt from city taxation or the payment of taxes to the annexing city not exceeding a period of ten years. and may provide Q maximum
 
 ! and collected by the annexing city from each and every person, firm, com pany or corporation engaging In or carrying on any business. vocation occupation or profession In the terri tory exempt from taxation.
 Sec. IS. The council. or governing body of the annexing city shall create new ] wards (as many as may be deemed to be necessary, regardless of any limta- ton In the charter of tho annexing city l on the number of wards, enlarge wards so as to embrace all territory em- braced In the annexed city, and as to afford opportunity to all persons in the territory embraced in the annexed city to vote at all elections and particl- pate in the government of the annexlng l city, and each ward in the annexlng city shall have the same number of aldermen, ! but in no event shall thore be more than | thirty aldermen, or representatives, in the council, or governing body, of the | city, and the council. or governing body | of the city, shall elect aldermen for the wards, embracing all the territory of the 1 annexed city, as in case of a vacancy, the aldermen elected to the office un- ! til the next regular election of the an- nexing city, at such election and there i after aldermen for such wards shall be | elected as other aldermen are elected in ] the city, and if the agreement of an- nexation names the aldermen to be elect ed to fill the office of aldermen until the next ensuing election, the parties named shall be elected aldermen by the council, or governing body, of the annexing city. 1 The council, or governing body, of the annexing city shall, by ordinance or res olution, create new wards or change the | line of wards often may be neees- sary, covering the territory embraced in the amended city, for the purpose of i making equal as near as practicable the voting population in each ward in the l annexing city. and the council, or gov- erning body, of the annexing city shall l divide the respective wards in the city l into voting precincts as many as may be 1 necessary, and each elector shall vote in the precinct of his residence and the boundary of such voting precincts shall be arranged and rearranged from time | to time so that as near as practicable not exceeding four hundred electors re- side in any voting precinct.
 Sec. IA The provisions hereof shall ln no wise preclude any city or town from being annexed and merged into another city or town in any way that may be pro- vided by law.
 Sec. 15. The Mayor, or other head of the governing body of any city or town, shall appoint the commissioners provided for in Section l hereof, CD Upon the adop- ton of a resolution by the governing body calling for such appointments; @ Upon the presentation of petition to the governing body signed by one-thrd of the qualified electors residing within | such city or town.
 Approved August b. 1867.
 ! Official: