The Montgomery advertiser., 1907-09-11

twenty-five thousand lnhapltants or
 over. and exempting from eity taxa
 ton property brought within the
 corporate limits for certain periods
 of time, and fixing the rights, powers.
 duties Liabilities and Jurisdiction Of
 the city over the territory brought
 into the corporate limits and the
 rights of the inhabitants thereof. in-
 cluding right relating to public
 schools, and to provide for the pro-
 portionment between a city and
 county of the road and bridge tax
 collected by the county on property
 within the city, and the expenditure
 of the fund by the city. Be it enact
 ed by the Legislature of Alabama as
 follows.
 Section | Any city having twenty five thousand inhabitants or more. at the time territory is brought within it's limits under the provisions hereof, a shown by the next preceding national census, or state census, may. at US election in the manner herein set forth, from time to time extend its corporate limits in the manner and with the rights and privileges as set forth here in. but the provision of this act Is not to preclude any city from extending US corporate limits in any other way or manner that may be authorized by law.
 Sec g. Whenever the council or governing body of the city shall pass a resolution to the effect that the pub lie health or public good re- uuire that certain territory, describing 1t, shall be brought within the limits of the city:-Q It shall be the duty of the mayor or other executive mead, of the city to certify a copy of such resolution to the judge of probate of the county in which the land Is situated proposed to be brought into the city and said certified resolution shall have
 I-k ne territory proposed to be brought into the corporate limits of the city, which certified resolution and plat or map shall be filed by the judge of probate. (2) Within ten days from the date of the filing of such certified copy of resolu- tion, with plat or map attached the Judge of Probate must take and enter an order upon the minutes of said court, directing and ordering an election to be held by gthe qualified electors residing within the territory described in such plat or map, not less than twenty days nor more than forty days from the date of the making of the order. The sa-d Judge shall give notice of the holding of such election by publication in at least one newspaper (and at the dis cretion of the Judge, in more than enc newspaper) published in the county wherein such election is to be held which notice shall state the day on which the
 
 or places at which the elction will be held the boundaries within which voters must reside to vote at the fespec- tive voting places, which must be with in the territory proposed to be brought into the city, and such notice must give a description of the territory pro- posed to be brought into the city, and must state that a map showing the territory proposed to be brought into the city is on file in the office of the Judge of Probate of said County, open to inspection of the public. f3l The Judge of Probate may designate as many voting places in the territory proposed to be annexed as he may deem necessary for the convenience of the voters, and must designate the boundaries within which the voters must reside to vote at the respective voting places, and shall appoint three inspectors of election and one return ing officer for each voting place. which inspectors shall manage the election at the respective voting places at which they are appointed inspectors. (4) Each qualified voter who has resided within the boundaries of the territory proposed to be brought into the city for three months next preceding the election, may vote at such election but must vote at the voting place deslg- mated by the Judge of Probate for voters in the territory in which he re-
 
 be brought into the city. (5) The election to determine whether or not the proposed territory shall be brought within the corporate limits of the citY must be conducted in all respects as provided by the general election laws. and under the same sanction and penal ty, except as changed by the provisions hereof and except that an official bal lot need not be provided. (6) Each voter may furnish his own ballot with the following words written or printed thereon, For Annexation" if he de- sires to vote in favor of annexing the territory to the city, or Against An nexation" If he desires to vote against annexing the territory to the city. It shall not be necessary for the ballot to be of any particular size, form or color. CD The inspectors at the re- speetive voting places must as soon as the polls are closed. ascertain and certi- fy the result of the election at their respective voting places, to the Judge of Probate, and deliver the same to the returning officer, who must at once return the same to the Judge of Pro- bate. and the Judge of Probate shall canvass the returns as made by the inspectors. and if it appears that a majority of the votes cast at the elee- ton were in favor of For Annexation" the Judge shall make and enter an order on the records of the court ad- judging ana decreelng the corporate limits of the City to be extended so as to embrace the territory described in the resolution, and designated on the i map or plat attached to the resolu- fion, and must cause the certified reso- lution and all orders and decrees or judgments to be recorded in the records in his office, and must also cause the plat or map to be recorded in the map i records in his office, and from the time of the entry of such order, such terri tory shall be a part of and within the corporate limits of the city, with the Limitations, rights, powers and privi- leges set forth herein. If 1t appears that a majority of the votes cast at the cleo tion are Against Annexation" the Judge of Probate shall make and enter an order on the records of the court, ad1udging and decreeing that q ma1erl- ty of the votes at such election were cast against coming Into the corporate limits of the city, and that the territory described and designated in the resolu- tion and plat or map attached shall not form a part of or be embraced In the city until 1t may thereafter be brought into the city as part thereof. (Gl The result of such election may be | contested by any qualified eleetor vot- ing at the election under the pro- visions as Is provided by general law | for contesting the election of Justice l of Peace making the city the eontes- tee. The city at whose instance the | election is held shall pay all cost and | expense incident to the election. (S1 | The plat or map filed with the certified |