The Birmingham age-herald., 1911-03-04


 every description which were invested in Il shall vest in it under the organ izaton hereinbefore provided for as though there had been no change in the organization of said city, and no fright or liability, either in favor or against and not suit or prosecution of any kind shall be affected by such change unless otherwise expressedly provided for by the terms of this act
 All employees of said city and all of fIcials except those whose terms of of flee absolutely abolished by this act shall continue in office until otherwise pro- vided by and the said board of commits soners of said city. Provided however, that boards of education existing in such city shall not be affected by the pro- visions of this act. except that where members of the boards of education of such city had previously been elected by the board of aldermen of such cities, such boards shall after this act becomes effective be elected by the board of com missioners of such city so that section shall read as follows:
 See. G. Every city organized under the form of government provided for by this act shall be governed and managed by the board of commissioners provided for | herein: each and every officer and em- ploye of said city. except health officer and such as may be employed by him to enforce quarantine, other than the said president and commissioners, shall be se- lected and employed by the said board or under its direction. and all salaries and wages paid by said city except as other l wise provided by the terms of this act shall be fixed by said board. The com i missioners shall prescribe and may at | any time change the powers, duties and titles of all subordinate officers and em- poyes of said city. except the title of city health officer all of whom shall hold office and be removable at the pleasure of the board of commissioners.
 The powers and duties in such cities shall be distributed into and among three departments as follows: 0 Department of public justice. @ department of streets, parks. city and public property and city and public improvements, (9) de- partment of accounts. finances and public l affairs.
 The powers and duties pertaining to each of said departments shall be fixed by the said board of commissioners and altered from time to time ss they may deem best.
 1 And one of the members of said board shall be so assigned to take charge of each department and shall as head of such department exercise the duties and powers as provided by said board.
 1 Provided. however. that the commits sioner appointed to fill the office of com l IHlSSlOH6r the term Ol Wnlcn expires on 1 the first Monday of November, 1915, and hereafter elected to said office, the term of which expires as aforesaid. shall dur | ing the term of his office exercise at all | times the duties required by the depart ment of public justice.
 Sec. 6iS. Health and quarantine mat | ters shall be administered in accordance with the established public health system of the state and such health laws as are now in force or may hereafter be en- acted, and also in accordance. with such | ordinances as are now in force or may hereafter be legally enacted by the com | missioners.
 Sec. T. Said board of commissioners | shall hold regular public meetings on | Tuesday of each and every week at some regular hour to be fixed by said board | from time to time and public announced by it: and it may hold such adjourned, called and other meetings as may be necessary or convenient. The president of the board when present shall preside at all meetings of said board, but shall have veto power. Two members of said board shall constitute quorum for the transaction of any and every busi- ness to be done by said board, and for the exercise of any and every power con ferred upon it, and the affirmative vote of two members of said board shall be necessary and sufficient for the passage
 
 or the transaction of any business of any sort by said board, or the exercise of the powers conferred upon it by the terms of this act, or that may hereafter be conferred upon it. This provision shall not be construed. however, so as to prevent the said board from delegat- ing or assigning to one or more of its members, or to such boards, commits sions officers or employees as may be created or selected by it, the perform ance of such executive and judicial duties and powers as may be necessary or con- venient. providing the same is done by resolution bylaws or ordinance duly en- acted according to the terms of this act All meetings of said board at which any person not a city officer is present shall be open to the public. No resolution, bylaw or ordinance granting any fran chise, appropriating any money for any purpose, providing for any public im- provements, enacting any regulations con corning the public comfort, the public safety, or public health or of any other general or permanent nature, except a proclamation of quarantine, shall be en- acted except at a regular or adjourned public meeting of said board. Every mo- tion. resolution or ordinance introduced at any and every such meeting shall be reduced to writing and read before any vote theron shall be taken. and the yeas and nays thereon shall be recorded. A record of the proceedings of every such meeting shall be kept in a well bound book, aud every resolution or ordinance passed by the board of commissioners must be recorded in such book, and the record of the proceedings of the meeting be signed by at least two of the commits sloners before the action taken shall ne effective. Such record shall be kept available for inspection by all citizens of such city at all reasonable times.
 Sec. S. No resolution. bylaw or ordi- nance granting to any person, firm oi corporation any franchise. lease or right to use the streets, public highways, thor oughfares or any city organized under the provisions of this act, either in under upon, along, through or over same, shall take effect and be enforced until 30 days after the final enactment of same by the board of commissioners, and publication of said resolution, bylaw or ordinance in full once week for three consecutive weeks Tn some daily newspaper published in said city, which publication shall be made at the expense of the persons, firm or corporation applying for said grant Pending the passage of~any such res0lu- ton, bylaw or ordinance, or during the , time intervening between it's final passage and the expiration of the 30 days during which publication shall be made as above provided. the legally qualified voters of said county may, by written petition or petitions addressed to said board of com missioners, object to such grant, and it, during said period, written petition or petitions signed by at least a thousand legally qualified voters of such city shall be filed with the board of commission ers said board shall forthwith order an election, at which election the legal