The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-25
GENERAL LAWS
Enacted BY the Legislature Of Alabama


more. and fixing the rights, powers. dn-
ties, liabilities and jurisdictions of the
city OF town over the territory brought
into the corporate limits, and the rights
of the inhabitants thereof, and to pro-
vide for the apportionment between the
city or town and county of the road
and bridge tax collected by the county
on the property within the city, and the
expenditure of the funds by the city.
Be 1t enacted by the Legislature of Ala
bama as follows:
Section l. Any city having four hun
drel inhabitants, or more, at the time
territory is brought within its limits under
the provisions hereof as shown by the
next preceding national census, or the
State census, may. at its election in the
manner herein set forth, from time to
time, extend its corporate limits in the
manner and with the rights, powers and
privileges as set forth herein, but the
provision of this act is not to preclude
an. city from extending its corporate
limits in any othct way or manner that
m be authorized by law
Sec. 2. Whenever the council or govern
ing body of the city shall pass a resolu-
tion to the effect that the public health
or public good requires that certain ter
ritory, describing it, shall be brought
within the limits of the city: % 1t shall
be the duty of the Mayor, or other ex-
ecutive head of the city, to certify a
copy OF such resolutions to the judge of
PROBATE of the county in which the land
is sit, cd To ha brought intn
the city, and said certified resolution shall
have attached thereto a plat or map of
tn 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, CD
Within ten days of the date of the filing
OF such certified copy of resolution, with
qlas or map attached, the judge of pro-
bate must make and enter an order upon
the minutes of said court, directing and
ordering an election to be held by the
qualified electors residing within the ter
ritory 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 said judge shall give
notice of the holding of such election by
publication in at least one newspaper
land at the discretion of the judge. in
more than one newspaper), published in
the county wherein such election is to be
held and published within the city or
town whose limits are proposed to be
extended, if a newspaper is published
therein. which notice shall state the day
on which such election will be
held. the voting place or places at which
the election will be held, the boundaries
within which voters must reside to vote
at the respective voting places, which
must be within the territory proposed to
be brought into the city, or town, and
such notice must give a description of
the territory proposed 10 be brought
within the city, or town, and must state
that map showing the territory pro-
posed to be brought into the city, or
town, ia on file in the office of the judge
of probate of said county, open to the
inspection of the public. go The judge
of probate may designate as many places
within the territory proposed to be an
nexed as he may deem necessary for the
convenience of the voters and must des-
igllate the boundaries within which the
voters must reside to vote at the re-
spectve voting places, and shall appoint
three inspectors of election, and one re-
turning officer, for each voting place.
which inspectors shall manage the cleo
ton at the respective voting places at
which they are appointed inspectors. (D
Each qualified voter who has resided
within the boundaries of the territory
proposed to be brought into the city or
town, for three months next preceding
the election, may vote at such election,
but must vote at the voting place desig-
mated by the judge of probate for voters
in the territory in which he resides, with
i'll the territory proposed to be brought
into the city or town. (5) The election to
determine whether or not the proposed
territory shall be brought within the
corporate limits of the city must be con-
Quoted in all respects as provided by the
general election laws, and under the
same sanction and penalties, except as
changed by the provisions hereof and
except that an official ballot need not be
provided. go Each voter may furnish his
owl ballot with the following words
written or printed Lllti' III Vi anna
atiol," if he desires to vote in favor of
annexing the territory TO the city. or
against Annexing," if he desires to
vote against annexing the territory to the
city o. town. 1t shall not be necessary
for the ballot to be of any particular
size, form or color. % The inspectors at
the respective voting places must, as soon
"a the polls are closed, ascertain and
certify the results of the election at their
respective voting place, to the judge of
probate, and deliver the same to the re-
turning officer, who must at once return
the same to the judge of probate, and
tcs Judge of probate must canvass the
return as made by the inspectors, and II
it appears that a majority of the votes
cast at the election were in favor of For
Annexation" the judge shall make and
enter an order on the records of the pro-
ba.e court adjudging and decreeing the
corporate limits of the city or town to be
extended so as to embrace the territory
described in the resolution and designated
on the plat or map attached to the res
olution, and must cause the certified res
olution and all orders or DEGREES or
or plat to be recorded in the map records
in his office, and must also cause the map
or plat to be recorded on the map records
in his office and from the time of the
eatrv of such order such territory shall
be a part of and within the corporate
limits of the city or town. If it appears
that II majority of the votes cast at the
election are Against Annexation" the