The Montgomery advertiser., 1907-08-29

No. e71.) AN ACT (H. B. 35. To provide for the annexation and merger of any city or town into a contiguous city or town.
 | Be it enacted by the Legislature of Alabama as follows:
 Section 1. Any city or town may be annexed to and merged into a contig- | uous city or town in the manner fol-
 lowing: G1 The Mayor of each city | or town shall each appoint two per | sons and the four thus appointed, with | the Mayer of each town, shall con- stitute a commission to agree upon | terms for the annexation and merger | of the one city into the other city or | town. (2) If the commission agrees | upon terms of annexation and merger. | such agreement shall be reduced to writing and signed in triplicate by | the commissioners. or majority there | of, and one of the duplicates of the | agreement shall be presented to the ' Council or other governing boay of f each city or town, and if the Council | or governing body of each city or I town approves of the agreement reach ed by the commission. the Council or | ge serning body of each city or town, l shall pass a resolution confirming such | agreement, which resolution shall be | spread upon the minutes of the pro- l ceedings of such Council or governing | body, and the Mayor of each city or town shall notify the Mayor of the | other city or town the confirmation of l the agreement by the Council or gov i erning body, of the city or town Of | which he is Mayor. (3) If the Council, | or governing body, of each city or town confirms the agreement then the May | or of the city or town proposed to be annexed to the other city or town shall by Proclamation order an election to be held on q day fixed in the procla- nation in his city or town, submitting | to the vote of the qualified electors in | his city or town the following propo- l sition: Shall the agreement for the l annexation of (naming the city or | town) to (naming the city or town)
 be ratified?" and stating in such proc iamation that one of the duplicates of the agreement made, which is submit ted for ratification, is on file in the office of the clerk of such city or town, open to the inspection of the public. (O Inspectors of election in the> city or town proposed to be annexed shall be appointed and the election in all particulars held in the same manner as | elections are held in such city or town l for the election of municipal officers, | except as changed by the provisions hereof. (5) The Mayor of the city or town shall cause the ballot to be used in such election to be printed with the following words thereon: Shall the agreement for the annexation of
 (naming the city or town) to (naming
 the city or town) be ratinedT and
 printed on the ballot with the above quoted words immediately hereunder, the words, ''Yes" and NO" and elector
 shall designate his choice by marking
 with ink or pencil a cross-mark (X)
 in a place to be left before the word
 expressing his wish The result of the election shall be ascertained in
 the same manner that the result of the
 election of city or town officers is as-
 certained, and the election may be con-
 tested in the same manner as Is pro-
 vided for the contest of the election of
 any city or town officer. (e) If ma-
 iority of the votes cast in such city or
 town is in favor of ratifying the agree
 ment of annexation merger the result
 shall be so declared, and the Mayor Of
 each city or town shall, by joint proc
 lamation, published ip some newspa-
 per published In the city or town, or in
 the county. if no newspaper is pub
 lished in the city or town, declare the
 annexation of the one city or town to
 the other city or town under the agree
 ment of annexation and merger. CD
 The ballot provided under the terms
 hereof need not be of any particular
 size, form or color. (s) The Mayor
 of the city or town to which another
 city or town is annexed under the
 provisions hereof shall within ten
 days from the day of the issuing of
 the joint proclamation of annexation and merger of the city or town into the other city or town, file with the
 Secretary of State one of the trIpli-
 cates of the agreement of annexation,
 which must be kept on file in the of
 70 q, S,f Sfok nd af
 also, within the said time, file one of
 the duplicates of the agreement of an-
 nexation in the office of the
 Judgo of Probate in which such city
 or town Is situated. and the same must
 be recorded by the Judge of Probate
 in a record of deeds or mortgages
 kept in his office. (9) From the time
 the said triplicate of the agreement
 is filed In the office of the Judge of
 Probate as herein required. the proc lamations having been made and pub lished as herein required, the one city or town shall be and shall be held to be annexed to and merged into the other city or town under the terms and provisions as set forth in the agreement of annexation and merger
 Q0) The cost and expense incurred by each city or town previous to hold ing the election by the city or town proposed to be annexed to the other city or town shall be paid respectively by each city or town, and all other cost and expense iQeurred shall be paid by the city or town to which the other city or town is annexed.
 Sec. 2. All property and rights of property and assets and interests of every kind and character owned by the city or town annexed to the other city ur town shall vest in and become the property and assets of the city or town to which it is annexed.
 Sec 8. All suits pending against the city or town annexed. shall, on notice. be made a suit against the city or town annexing the other city or town, and the right to prosecute to inal judg- ment such suit or suits against the annexing city or town, shall exist the same as if the right of action origin ally existed against the annexing city or town.
 Sec 4. All rights of action existing 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 right of action originally existed against the annex ing city or town.
 Sec 5. All suits pending, brought by the city or town annexed, shall, on motion, be made a suit by the city or town annexing the other city or town, and the right to prosecute such suit.