boundaries of the City of Decatur, Alabama, and shall have no effect unless that Act becomes a law. Approved August 28, 1923. No. 200.) AN ACT (H. 620. Patterson. To vacate the charter of the City of Albany, Alabama. Be it enacted by the Legislature of the State of Alabama that the charter of the City of Albany, Alabama, be, and it is hereby vacated and annulled, and said City is abolished as a municipal corporation. This Act is to take effect upon the passage and approval of an Act to alter, extend, or rearrange the boundaries of the City of Decatur, Alabama. Approved August 28, 1923. No. 201.) AN ACT (H. 624. Patterson. Requiring the City of Decatur to assume all liabilities of every kind whatsoever outstanding against the City of Albany, and vesting in the city of Decatur all property of every kind whatsoever, owned by the City of Albany, and conferring upon the City of Decatur the right to defend all actions against the City of Albany, and to prosecute all suits pending in the name of the City of Albany, and to carry out street improvements or other public improvements already begun by the City of Albany. Be it enacted by the Legislature of Alabama: First: That after the passage and approval of an Act of the Legislature to vacate the charter of the City of Albany, Alabama, and an act to alter or rearrange the boundaries of the City of Decatur, Alabama, that the City of Decatur, Alabama, shall: (a) Assume and pay any and all liabilities, bonds, indebtedness and interest thereon of every kind and character now owing by the City of Albany, or for which it is in any way liable. (b) Become vested with the title and ownership of all property, both real and personal, including taxes, monies, school buildings, and grounds, parks, fixtures and furniture of school buildings, city or town halls, equipment and apparatus of fire departments, city and town halls, all rights of forfeiture of franchises and of all property, real or personal of every kind whatsoever. (c) Collect all taxes due the City of Albany, and prosecute proceedings for the Collection of taxes now pending. (d) Succeed to all rights of action and rights to collection and enforce all judgments and decrees, defend all suits pending against the City of Albany, and prosecute all rights of action and all suits pending in the name of the City of Albany. Second: All public books, papers, documents, maps, profiles, plans, and specifications for public improvements, evidences of indebtedness, muniments of title, and all other papers of the City of Albany, or on file in any office of the City of Albany, or with any public officer thereof, shall be transferred to and filed with the city clerk of Decatur, or such other officer as the governing body thereof may direct. Third: All assessment bonds upon property for improvements or obligations issued by the City of Albany for public improvements, shall be the primary obligations of the City of Decatur, which city is empowered to make all assessments and do any and all acts to complete the improvements on contracts made by the City of Albany, and issue its bonds for said improvements when completed. Fourth It is the intention of this Act that the City of Decatur shall assume and be subject to all liabilities and rights of action of the City of Albany, and own and control all property, and property rights of every kind whatsoever now owned by the City of Albany. Approved August 28, 1923. No. 202.) AN ACT (H. 623. Patterson. To provide a form of government for the City of Decatur, Alabama, and to prescribe the powers and duties of a temporary board of commissioners, pending a change in the form of government from a city with a population under six thousand, to a city of a population of six thousand or more. Be it enacted by the Legislature of the State of Alabama, that: First: That a board of commissioners, composed of the present mayor of the City of Decatur, and the last Mayor and the last president of the City Council of the City of Albany, Alabama, next preceding the passage of this bill, shall constitute a board of commissioners to exercise all of the powers and authority vested by law in the City of Decatur, Alabama, and to that end the present mayor of the City of Decatur, Alabama, shall be the president of such board of commissioners, and shall have and exercise the authority and discharge the duties heretofore conferred and imposed by law upon the mayor of the City of Decatur, Alabama, (not inconsistent with this Act) and such other authority as may be vested in him by the board of commissioners. The board of commissioners, consisting of three members herein named, shall exercise all of the functions, power, and authority heretofore exercised by the Mayor and council, as the legislative and governing body of the City; and the offices of Mayor and alderman of the City of Decatur, during the existence of such board of commissioners, and all committees and boards to which it has delegated any power, shall, upon the taking of the oath of office by a majority of the members of said board of commissioners, stand abolished. Second: Immediately upon the approval of this Act, each member of such board of commissioners shall subscribe to the following oath, which shall be filed as a part of the records of the City, viz: "I do solemnly swear that I will faithfully, impartially, and to the best of my ability, discharge the duties of the office of commissioner of the City of Decatur, Alabama, so help me God." Which oath may be administered by any officer authorized by law to administer oaths, or may be administered by any one of such commissioners to the other. The board of commissioners shall then organize and shall fix the time and place for weekly meetings, which shall at all times be open to the public. It shall have power to hold any number of adjourned or called meetings, at which any business coming before it may be transacted. At the time of the first meeting of the board of commissioners, the board shall elect a president pro tem, who shall, in the absence of the President of the board of commissioners, preside over its meetings, and discharge the other duties hereby imposed and conferred upon the President of such board. On the day of the first meeting of said board of commissioners all offices of the City of Decatur, whether filled by election of the Council or by appointment of the Mayor or any committee shall be and stand vacated and at said meeting the said board shall elect a new set of officers such as is provided by law for a City with a population of 6000 or more, and such other officers as in its judgment the proper needs of the City may require. Third: At any meeting two members of such board of commissioners shall constitute a quorum for the transaction of business, and the affirmative vote of any two members of such shall carry any question before it. Upon the enactment of any ordinance, or the passage of any resolution, and in voting to enter into any contract or the granting of any franchise to any public utility, the board of commissioners shall take an aye and nay vote, which shall be recorded by the City Clerk and be a part of the records of the City of Decatur. The Clerk of the City of Decatur shall attend the meetings of such board of com missioners and make a faithful record of the business transacted by it and shall be the custodian of such records. The minutes and proceedings of any meeting shall be signed by at least two members of the board of commissioners. Fourth: The President of the board of commissioners shall preside over its deliberations and shall vote with the other members of the board of commissioners, but the right to veto any act of the board of commissioners is hereby denied him. laws and ordinances of a permanent nature passed by said board of commissioners shall, before taking effect, be published as now provided by law. Fifth: If any member of such board of commissioners shall fail to qualify within five days from the approval of this Act, or should at any time die, resign, remove from the city, or refuse to act as a member of the board of commissioners, or otherwise vacate his office, then the other members of the board of commissioners may declare the office vacant, and the vacancy shall be filled by the remaining two members of the board. In the event that they cannot agree, then, upon certificate of that fact from either of the commissioners, lodged with the Governor of the State of Alabama, he shall fill the vacancy by appointment. If for any reason the board of commissioners should be reduced below two at any one time, the Governor shall then fill the vacancies up to two and the two commissioners shall then elect the third. No person shall be eligible to fill any vacancy on said board of commissioners unless he be a bona fide resident citizen of the United States of America, the State of Alabama, and the City of Decatur, and over the age of twenty-one years. Sixth: Any member of the board of commissioners may be impeached or removed from office for the same cause and in the same manner as provided by law for the impeachment or removal of mayors. Seventh: The president of the board of commissioners shall receive a salary of Fifteen Hundred Dollars per annum, and the other members of the board of commissioners shall receive a salary of Fifteen Hundred Dollars per annum, all payable in equal monthly installments out of the city treasury, upon the order of the board of commissioners. The board of commissioners shall have the same right to elect and remove officers and to fix their salaries or compensation, as is now vested by law in the Mayor, and City Council. All salaries of city officials and all other obligations of the city shall be paid by the city treasurer upon the order of the board of commissioners, and by warrant signed by the President of the board of commissioners, and attested by the City Clerk. Eighth Unless, in the meantime, the voters of the City of Decatur shall favorably vote at an election held for that pur pose, to operate under a regular commission form of government, as provided by general law for cities of under twenty-five thousand inhabitants, there shall be a regular city election held on the third Monday in September, 1926, whereat, there shall be elected the regular officers as now provided by law for cities having a population of six thousand or more. Said officers shall assume the duties of their respective offices on the first Monday in October, thereafter, and the government of the said City of Decatur shall then and thereafter be administered in all things as now provided by law for cities having a population of six thousand or more, and the board of commissioners herein appointed shall stand abolished. There shall be no election of officers in said City on the third Monday in September 1924, but the commissioners herein appointed shall hold office until the first Monday in October 1926, or until a sufficient number of officers to govern said city are elected and qualified. Candidates for office at said general election shall qualify before the board of commissioners in the same manner now provided by law for such candidates and after such election, the board of commissioners shall canvass and declare the result of said election within the time and in the manner enjoined by law upon the City Council. Ninth: No Commissioner shall directly or indirectly receive from the city any compensation, emolument, or thing of value for any services rendered, or to be rendered by him, other than the regular compensation to be paid to him as fixed by the terms of this Act. Tenth To the end that the said City of Decatur may, upon the dissolution of the board of commissioners herein created, assume the aldermanic form of government, the said City of Decatur, as it exists with its rearranged boundaries, is divided into five words, numbered one, two, three, four and five, which are respectively described and bounded as follows: Ward Number One. Beginning at a point the intersection of the center line of 5th. Street South with the intersection of the center line of 8th. Avenue East; thence in a northerly direction along the center line of said 8th. Avenue East to its intersection with the center line of the Moulton Road; thence in a westerly direction along the center line of the said Moulton Road to its intersection with the center line of 9th. Avenue West; thence in a southerly direction with the center line of said 9th. Avenue West to the south boundary line of 3rd. Street South; thence in a southerly and southwesterly direction along the east boundary line of the Danville Road to the south boundary line of section 25, township 5 south, range 5 west; thence in an easterly direction with the south boundary line of section 25, township 5 south, range 5 west and section 30, township 5 south, range 4 |
