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

whether such city or town shall he an nexed to another city or town. if shall not be necessary for the Council to mass an ordinance expressing a willingness 10 be annexed, but they are hereby directed to pass the necessary ordinances provid- ing for an election by the qualified ele,,- tors of such city or town to decide such questions.
 Sec. 201a. The Council of any city that alters and rearranges it's boundary line so as to absorb two or more cities or towns, shall have the power to exempt from taxation for a period not exceedine hNe years, any industrial or manufactur- ing plant, situated In the territory added to said city. provided said term of ex emption shall not be renewed or extend ed. The Council of any city or town shall also have the power to exempt from taxation for period not to exceed ten years, any industrial or manufacturlnp. plant that may be established in said city, after the passage of thls act: pro- Nlded, said term of exemption shall not be renewed
 Sec. 2l. If such municipality desiring to consolidate wish to form d new and dis tinct corporate organization to be oner- ated under the name of either one of sueh municipalities, or a different name, the several Councils shall each pass an ordinance expressing the purpose thence forth to operate as one municipal cornor- atlon under the name therein mentioned and call an election to be held sirnuI.a neously in the several municipalities on day designated by said ordinances. not less than thirty days after the passage thereof. Such election shall be conducted in the same manner as general nunieinal elections and by officers selected by the several Councils. The voting places shall be designated by the Councils and an off cal ballot shall be furnished with tho words For Consolidation" and Against Consolidation written or printed thereon Said election shall be held under the same sanctions and penalties as general cleo tons, and the returns shall be made to the Councils by the proper officers The several Councils shall canvass such re- turns and announce the results in their respective municipalities. If a majority of the qualified electors voting in each municipality vote for consolidation then such municipalities are hereby de- ciared to be one municipal corporation and shall operate as one municipal gov ernment
 The Mayor and one Councilman from each municipality, to be selected by the Counell, shall be and are hereby consti- tuted commission to divide wards and If they are unable to agree they shall call in another person, who shall cast d deciding vote, and such consolidated city shall be so divided into wards as the com mission, or a majority of them may di- rect At a day, not more than thirty days after said commission has divided such city into wards, an election shall be held and conducted by officers selected by such commission conforming to the general municipal election law, at which election Mayor and the proper officers for municipality of such size shall be elected. Officers conducting such election forthwith count the votes and make re- tO ha aoin the results of such election, and those receiving the highest number of votes shall be the officers of said consolidated city or town until the next general cleo tion, and until their successors are elect ed and qualified.
 Before entering upon the discharge of their duties, the commissioners shall take an oath. before some officer au- thorized by law to administer oaths to faithfully and impartially discharge their duties such commissioners They shall be paid for their services such amount as may be allowed by the several councils by ordinance and the expense of such election shall be paid forthwith by the consolidated city or town. If any commissioner fails or refuses, without sufficient excuse, to act upon said commission he shall be guilty of misdemeanor and upon con viction therefor, in a court having ju-
 
 sl00 nor more than $500. If for any reason d member of the commission shall not act, the other commissioners shall have the right to declare his of flee vacant and fill the vacancy by the appointment of some suitable person.
 Sec. %. The officers of the several municipalities shall continue in of flee and the corporate organization of the several municipalities shall con- tinue unaffected until the officers of the consolidated town or city are elected and qualified as provided for in this act, and such officers so elected shall immediately qualify and assume the duties of their office.
 The consolidated city or town shall succeed to all the powers, obligations. duties. rights of action, property and rights of property that belonged or ap- pertained to the municipalities consoi- dated, and shall have all the rights, powers and privileges delegated to mu- nicipalities under this act; and shall be subject to all the duties liabilities or obligations of such municipalities All suits pending in favor of or against either of the municipalities, shall con tinue to Judgment unaffected by the consolidation and may be enforced in favor of, or against, such consolidated city or town, the same as if commenced by or against such consolidated city or town.
 Sec 23. Any town or city may from time to time extend its corporate limits in the manner set forth herein, but the provision of this act shall not pre- clude any city from extending its cor porate limits in any other way or man ner that may be auth orized by law.
 Whenever the Council shall pass a reso- lution to the effect that the public health or public good requires that certain terri tory, describing it. shall be brought with in the limits of the city or town: CD It shall be the duty of the Mayor to certify a copy of such resolution to the Judge ot Probate of the county in which the land is situated proposed to be annexed and said certified resolution shall have attached thereto a plat or map of the said territory, which certified resolution and plat or map shall be filed by the Judge of Probate. @ Within ten days from the date of the filing of such resolu- tion, the Judge of Probate 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 territory de- scrbed, 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 q newspaper published within the city or town whose limits are proposed to be extended. if a newspaper Is published therein. and if no newspaper is published in said munici- pallty, then by posting notices at three public places in such municipality, which notice shall state the day on which such
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