Order

    IN THE UNITED STATES DISTRICT COURT FOR 
THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDEN, REV. R. L. 
HOPE, CHARLES JOHNSON, JANET 
0. LeFLORE, JOHN L. LeFLORE, 
CHARLES MAXWELL, OSSIE B. 
PURIFOY, RAYMOND SCOTT, 
SHERMAN SMITH, OLLIE LEE 
TAYLOR, RODNEY O. TURNER, 
REV. ED WILLIAMS, SYLVESTER 
WILLIAMS and MRS. F. C. WILSON, 

Plaintiffs, 
CIVIL ACTION 

y. 
No. 75-297-P 

CITY OF MOBILE, ALABAMA: GARY 
A. GREENOUGH, ROBERT B. DOYLE, JR., 
and LAMBERT C. MIMS, individually 
and in their official capacities 
as Mobile City Commissioners, 

Defendants. A
 

A
 

A
 

A
 

A
 

A
 

S
n
 

S
e
 

No
 

S
o
 

Na
 

N
o
 

N
o
 

S
u
 

No
 

N
F
 
N
S
N
 
N
N
 

N
S
 

ORDER 

  

On the 21st day of October, 1976, this court entered 

an order in this cause. The order decreed that a mayor-council 

plan of government would be adopted by this court with nine 

single-member council districts. 

The court requested and received from the plaintiffs 

and defendants, three names recommended by each from whom the 

court selected a committee to formulate and recommend a mayor- 

council plan. The court selected two names recommended by the 

defendants, City of Mobile, et al.; Joseph N. Langan and Arthur 

R. Outlaw, two former city commissioners of the City of Mobile, 

one recommended by the plaintiffs, 

and /James E. Buskey, a black State Legislator. 

The court requested the plaintiffs and defendants to 

submit proposed councilmen districts made up of nine single- 

member districts. The plaintiffs complied. The defendants 

declined to file a plan. 

The committee appointed by the court to draft a mayor- 

council plan submitted an initial plan. The court submitted 

 



  

the plan to all of the parties for their recommendations and 

invited all members of the Mobile County legislative delegation 

to make recommendations. The attorneys for the plaintiffs, 

and one member of the Mobile County delegation, accepted the 

invitation and made recommendations, many of which have been 

incorporated in the final plan. The defendants declined to 
Most of 

make any recommendations. /the other members of the Mobile 

legislative delegation expressed a general view that it created 

a conflict between their legislative duties and the judicial 

bmnch and did not desire to make recommendations .l/ 

It is hereby ORDERED, ADJUDGED, and DECREED that 

the mayor-council plan attached to this order as Appendix A, 

is hereby ADOPTED and made a part of this order the same as 

if set out at length herein. 

It is further ORDERED, ADJUDGED, and DECREED that 

the nine single-member council districts as submitted by the 

plaintiffs' Plan "H", together with the map attached to the 

plan as Exhibit "A", both of which are attached to this order 

as Appendix B, is hereby ADOPTED and made a part of this order 

the same as if set out at length herein. 

Beginning at the regularly scheduled city elections 

in August 1977, and each four years thereafter, the City of 

Mobile shall elect nine members to a city council and a mayor. 

The mayor and the city council shall have such powers, duties 

and responsibilities as are established by the report of the 

committee appointed by this court on October 6, 1976, attached 

hereto as Appendix A, and as are established by the provisions 

of Ala. Code, Tit. 37, dealing with cities generally or cities 
  

having a mayor-alderman form of government. To the extent that 

the report or this order conflicts with the Alabama Code, the 
  

report or order shall prevail. 

One member of the City Council shall be elected by 

and from each district. A candidate for the council and each 

  

1/ Some declined because the City of Mobile was not in their 
district. 

Wy 

 



  

member of the council shall reside in the district represented 
or sought to be represented. 

Nothing in this order shall prevent the defendants 

or Legislature of Alabama from changing the powers, duties, 

responsibilities, or terms of office of the city council and 

mayor, or changing the boundaries of wards or districts, or 

changing the number of wards; provided however that the court 

retains jurisdiction for six years from the date of this order 

to review such changes for conformity with the principles 

enunciated in the order of this court entered in this case 

on October 21, 1976. 

The court is aware that numberous local acts having 

application to the City of Mobile are in effect. Because 

of the change from a commission form to a city council form, 

there may be conflicts between the plan herein adopted and 

those acts. The court specifically retains jurisdiction for 

a period of two years from the date the first city council 

members take office for all purposes for persons having standing. 

The retained jurisdiction of this court under the 

two preceding paragraphs shall be dissolved upon motion of 

either party when and if the Legislature of Alabama adopts 

(a) a comprehensive act establishing a constitutional form of 

government for the City of Mobile, or (b) enables the City of 

Mobile to act under "home rule" powers to adopt such a compre- 

hensive act. 

The defendants City of Mobile, Gary A. Greenough, 

Lambert C. Mims, Robert B. Doyle, Jr., and their agents, ser- 

vants, employees, and successors are hereby ENJOINED from failing 

to make the following changes with respect to the election of 

the elected officials of the City of Mobile: 

~3- 

 



  

1. Ward 33-99-1 is hereby split into east and west 

wards, divided by a line beginning at the south boundary of 

the ward on Stanton, running north to Costarides, west to 

Summerville, north to Andrews, and east to theward boundary. 

The voters in these two areas may be constituted as separate 

wards or the eastern area may be reassigned as part of MW-33- 

99-2. 

2. Ward 35-103-1 is split into eastern and western 

divisions by a dividing line beginning at the west boundary 

of the ward, running east on Davis Avenue, south on Kennedy to 

the ward line. The two divisions shall be constituted as separate 

wards. 

3. Ward 35-103-3 is split into northern and southern 

divisions by a line beginning in the northward boundary on 

Broad Street, running south to Elmira, east to Dearborn Street, 

south to New Jersey, ousl to Warren Street, north to Delaware, 

east to Interstate 10, south to Virginia Street, and east to 

Mobile Bay. These two divisions may be established as separate 

wards or the northern division may be redesignated as part of 

MW-35-103-2. 

4. Ward 34-100-3 is split into southeastern and 

northwestern divisions by a line beginning on the east at Old 

Shell Road, west to East Drive, south to North Shenandoah, 

west to East Cumberland, south on East Cumberland and Ridgefield 

Road to the ward line. The residents of the southeastern area 

shall be reassigned to MW-34-100-2 or made a new ward. 

5. Ward 35-104-2 is divided by a line beginning at 

the north ward boundary on Eslava Creek, running south along 

Eslava Creek and Dog River to old Military Road, eastwardly 

to Dauphin Island Parkway, south to Rosedale Road, east to 

Brookley Field boundary and following said boundary eastwardly 

to Perimeter Road, thence east on Perimeter Road to Mobile Bay. 

The eastern portion of this ward may be designated a new ward 

or merged into MW-35-104-1. The western portion of this ward 

may be designated a new ward or merged into MW-35-104-3. 

ol 

 



  

6. Nothing in this order shall prevent the defendants 

from changing any other ward boundaries, so long as the 

boundaries described in this order for the new council districts 

are not disturbed. 

7/7. The defendants shall undertake the merger or 

redesignation of wards immediately and shall inform each voter 

in an area designated or merged of the new ward designation 

in which he or she lives. The defendant shall work with the 

Board of Registrars to accomplish this task by May 1, 1977. 

If the defendants encounter problems with the Board of Regis- 

trars, they shall forthwith petition this court for an appro- 

priate order, including making the Board of Registrars a party 

defendant. 

8. The following districts for the election of 

members of the City Council of Mobile are hereby created and 

designated: 

- District 1 shall consist of MW-33-98-1 and 

the western portion of MW-33-99-1. 

- District 2 shall consist of the eastern part 

of MW-33-99-1, all of MW-33-99-2, MW-33-99-3, and MW-34-102-2, 

and the western part of MW-35-103-1. 

- District 3 shall consist of MW-33-99-4, the 

eastern part of MW-35-103-1, MW-35-103-2, and the northern 

part of MW-35-103-3. 

- District 4 shall consist of the southern part 

of MW-35-103-3, MW-34-102-3, MW-34-102-6, and MW-34-102-7. 

- District 5 shall consist of MW-35-103-4, 

MW-35-104-1, and the eastern part of MW-35-104-2. 

- District 6 shall consist of MW-35-104-3, 

- MW-35-104-4, MW-35-104-5, and the western part of MW-35-104-2. 

- District 7 shall consist of MW-34-100-1, 

MW-34-100-2, MW-34-101-4, MW-34-101-5, MW-34-101-6, and the 

southeastern part of MW-34-100-3. 

-5 

 



  

- District 8 shall consist of MW-34-102-5, 

MW-34-102-1, MW-34-101-2, MW-34-101-3. 

- District 9 shall consist of MW-34-101-1, 

MW-34-101-1, MW-34-100-4, and the northwestern part of 

MW-34-100-3. 

9. The defendants shall forthwith take all steps 

necessary to prepare for the election of the city council 

and mayor. 

The court reserves a decision upon the plaintiffs’ 

claim for attorneys' fees and out-of-pocket expenses. 

Done, this the PL ay of March, 1977. 

   
Lr Gl 

  

UNITED STATES DISTRICT JUDGE 

U. S. DISTRICT COURT 

SOU. DIST. ALA. 

bg AND ENTERED THIS THE 

C12 DAY OF MARCH 

19.77, MINUTE ENTRY 

NO. fing 

digi O’CON NOR, CLERK 

  

  

  BY LL. : 
DE i TY CLERK 

 



  

A PLAN FOR THE MAYOR - COUNCIL FORM OF GOVERNMENT 

FOR THE CITY OF MOBILE 

CHAPTER IT 
  

ARTICLE 1 
  

Section 1. First election. Upon this Chapter becoming applicable 

to the City of Mobile, the (MAYOR OF SAID CITY) shall call an 

election to be held on the third Tuesday in August 1977 for the 

election by the qualified electors of said city of nine councilmen 

and a mayor and the expense thereof shall be paid by said city. 

Section 2. Election of first council and term of office. Council 

candidates shall qualify as provided in Section 10 hereof and shall 

meet the eligibility requirement set forth in Sections 11 and 12 

hereof. Each voter in the election may cast one vote for a candi- 

date from his district, and one vote for a candidate for mayor . 

Any district councilman candidate receiv ing a majority of the 

total votes cast by the electors of the district in which he is 

a candidate shall be elected as a district councilman in his dis- 

trict. If, in any district, no council candidate has received a 

majority, then another election shall be held upon the same day 

of the week three weeks thereafter to be called and held in the 

same mode and manner and under the same rules and regulations as 

the first election. In the second election there shall be two 

candidates for each place upon the council to be filled in such 

second election; and these candidates shall be the two candidates 

in each such district who received the highest number of votes 

but who were not elected at the first election. The candidate 

for the council in each district receiving a majority of the 

votes cast in his district in the second election shall be elected, 

so that in the first and second elections a total of nine coun- 

cilmen shall be elected. The councilmen so elected shall take 

office on the first Monday in October following the election. 

een 7° 
 



  

Each councilman shall hold office for four years, but shall serve 

until his successor shall have qualified. A councilman may suc- 

ceed himself in office. 

Section 3. Election of first mayor and term of office. Candidates 

for election as the first mayor hereunder shall qualify as pro- 

vided in Section 28 hereof and shall meet the eligibility require- 

ment in Section 29 of this Chapter. The candidate for mayor re- 

ceiving the largest number of votes for the office at the first 

election shall be elected thereto, provided such candidate receives 

a majority of all votes cast for such office. If at the first elec- 

tion no candidate receives a majority of the votes cast for the 

office of mayor at such election, then another election shall be 

held upon the same day of the week three weeks thereafter to be 

called and held in the same mode and manner and under the same 

rules and regulations. In the second election there shall be two 

candidates for the office of mayor; and these candidates shall 

be the two who received the highest number of votes for said 

office at the first election, and the candidate receiving a 

majority vote in said second election shall be elected mayor. 

Section 4. Conduct of election. The election shall be held 

and conducted in accordance with the provisions of Chapter 3 A 

of Title 37, Alabama Code of 1940, as amended, except as herein 

otherwise specifically provided. 

Section 5. The Council. The Councilmen provided for in this 

article shall be known collectively as the Council of the City 

of Mobile and shall have the powers and duties hereinafter provided. 

The councilmen first elected shall qualify and take office in the 

manner hereinafter prescribed on the first Monday in October, 

following the date the election of all nine councilmen is com- 

pleted, and thereupon such city shall at that time and thereby 

be and become organized under the Mayor - Council form of govern- 

3 

 



  

ment provided under this chapter, and shall thereafter be 

governed by the provisions of this chapter. 

ARTICLE II 
  

LEGAL STATUS: FORM OF GOVERNMENT: POWERS 

Section 6. Legal Status. When this Mayor - Council form of 

government becomes applicable to the City of Mobile it shall 

continue its existence as a body corporate under the name of 

"City of Mobile". The word "city" as hereinafter used shall 

mean and refer to City of Mobile. The City shall continue as 

a municipal corporation, within the corporate limits as now 

established and as may hereafter be fixed in the manner pre- 

scribed by law, subject to all duties and obligations then 

pertaining to or incumbent upon it as a municipal corporation 

and shall continue to enjoy all the rights, immunities, powers 

and franchises then enjoyed by it, as well as those that may 

thereafter or hereinafter be granted to it. 

Section 7. Form of government. The municipal government of 

said city proceeding under this chapter shall be known as the 

"Mayor - Council form of government". Pursuant to the provi- 

sions and limitations of this chapter and subject to the limita- 

tions imposed by the Constitution of Alabama and its laws, all 

powers of the city shall be vested in the council elected as 

herein provided and hereinafter referred to as "the Council”, 

which shall enact ordinances, adopt budgets and determine 

policies. All powers of the city shall be exercised in the 

manner prescribed by this chapter, or if the manner be not pre- 

scribed by this chapter, then in such manner as may be prescribed 

by law or by ordinance. 

 



  

Section 8. Powers of City. The City shall have all the powers 

granted to municipal corporations and to cities by the Constitution 

and laws of this State together with all the implied powers 

necessary to carry into execution all the powers granted. 

ARTICLE III 
  

THE COUNCIL 

Section 9. Number, election, term. The council shall consist 

of nine members, who shall be known and elected as district 

councilmen. The nine district councilmen shall be elected from 

districts which shall be, as near as practicable, of equal pop- 

ulation according to the last Federal Decennial Census. The 

regular election shall be held on the third Tuesday in August 

preceding the expiration of the term of office of the members 

of the council, the expense thereof to be paid by said city, 

for the election by the qualified voters of such city of nine 

councilmen. Such election shall be held and conducted in 

accordance with the provisions of Chapter 3 A of Title 37, 

Alabama Code of 1940, as amended, except as otherwise provided 

by this plan, and Section 2 hereof shall apply to all subse- 

quent elections. 

Section 10. Statement of candidacy. Any person desiring to 

become a candidate in any election for the office of district 

councilman may become such candidate by filing in the office 

of the City Clerk, a statement in writing of such candidacy 

and an affidavit taken and certified by a notary public that 

such person is duly qualified to hold the office for which he 

desires to be a candidate. Such statement shall be filed not 

less than 42 days and not more than 82 days immediately pre- 

ceding the day set for such election and shall be in substantially 

 



  

the. following form: "State of Alabama, Mobile County. I, the 

undersigned, being first duly sworn, depose and say that I am a 

citizen of the City of Mobile, in said State and County, and 

reside at in said   

City of Mobile, that I desire to become a candidate for the 

office of district councilman for the district, in   

said city at the election for said office to be held on the 

day of August next and that I am duly qualified to 

hold said office if elected thereto and I hereby request that 

my name be printed upon the official ballot at said election. 

  

  

Signed ; Subscribed and sworn to 

before me by said | on this 

day of : 19 , and filed in this 
    

office for record on said day, 
  

City Clerk'". Said statement shall be accompanied by a quali- 

fying fee in the amount of $50.00 which fee shall be paid into 

the general fund of the City. A person may also become a 

candidate for the office of district councilman by filing a 

verified pauper's oath with the City Clerk, or by filing a 

verified petition containing an endorsement of candidacy by 

the signatures and addresses of 500 persons, each of whom is 

a registered voter residing in the city and within the dis- 

trict for which the individual intends to be a candidate for 

election to office, provided that no such signature may be 

obtained more than twelve (12) months immediately preceding 

the deadline for filing statements of candidacy. No primary 

election shall be held for the nomination of candidates for 

the office of councilman and candidates shall be nominated 

only as hereinabove provided. 

Section 11. Qualification. Every person who shall be elected 

or appointed to the office of member of council, shall, on or 

before the first Monday of October following his election or 

5 

 



  

before the Tuesday following the date of his appointment qualify 

by making oath that he is eligible for said office and will 

execute the duties of same according to the best of his knowledge 

and ability. Said oath may be administered by any person 

authorized to administer an oath under the laws of the State 

of Alabama and filed in the office of the City Clerk. 

Section 12. Eligibility. Councilmen shall be qualified electors 

of the City, shall be residents of the district which they 

represent, and shall reside in the district during their term 

of office. 

Section 13. Compensation. Each councilman shall receive as 

compensation for his services as such the sum of Fifty ($50.00) 

Dollars for each meeting of the council attended, provided that 

the total of such compensation shall not exceed the sum of 

Thirty-six Hundred ($3,600.00) Dollars per annum. Such salary 

shall be payable in monthly installments at the end of each 

month. The council may fix a separate and additional stipend 

for the President of the Council, not to exceed One Hundred 

($100.00) Dollars per month. 

Section 14. Presiding Officer. The council shall elect an 

officer of the city who shall have the title of President of 

the Council and shall preside at meetings of the council. The 

council shall also elect a President pro tem, who shall act as 

President of the Council during the absence or disability of 

the President. The terms of office of the President and the 

President pro tem shall be for a term of two years and they 

may succeed themselves. If a vacancy shall occur in the office 

of the President of the Council, the council shall elect a 

successor for the completion of the unexpired term. Both the 

President of the Council and the President pro tem shall be 

elected from among the councilmen. 

he 

 



  

Section 15. Powers. All powers of the city, including all 

powers vested in it by this chapter, by the laws general and 

local, of the State, and by Title 62 of the Code of Alabama 
  

of 1940, as amended, and the determination of all matters of 

policy, shall be vested in the council. Without limitation 

of the foregoing, the council shall have power to: 

(a) Confirm or deny confirmation to the Mayor's 

appointments of the members of all boards, commissions or 

other bodies authorized hereunder or by law. This provision 

does not apply to officers and employees in the administrative 

service of the city. 

(b) Succeed to all the powers, rights and privileges 

conferred upon the former governing body of the city by statutes 

in effect at the time this chapter becomes applicable and not 

in conflict herewith. 

Section 16. Council not to interfere in appointments or removals. 

Neither the council nor any of its members shall direct or re- 

quest the appointment of any person to, or his removal from, 

office or position by the mayor or by any of his subordinates, 

or in any manner take part in the appoinment or removal of 

officers and employees in the administrative service of the city 

except as otherwise provided herein. Except for the purpose 

of inquiry, the council and its members shall deal with the 

administrative service solely through the mayor, but councilmen 

may report complaints and make inquiries and requests. The 

council nor any member thereof shall give orders to any sub- 

ordinates of the mayor, either publicly or privately, but may 

report complaints and make requests. Such requests will not 

have any legal or binding force and effect. 

 



  

Section 17. Vacancies in council. Vacancies in the council 

shall be filled by the council at the next regular or any subsequent 

meeting of the council, and if the term of office in which the 

vacancy occurs has less than one year before the expiration of 

the same, the person elected by the council shall hold office 

until the next regular city council election. If the term of 

office in which a vacancy occurs has more than one year to run 

before the expiration of the same then a special election shall 

be held to fill said unexpired term. If any general or special 

election is to be held in the city not more than 120 nor less 

than 60 days following the occurrence of a vacancy then the 

election to fill such vacancy on the council shall be held in 

conjunction with such general or special election, otherwise a 

special election shall be called by the Mayor on a date set 

by him, and shall be held in accordance with the provisions of 

this chapter and the general laws of the State of Alabama, 

applicable to such city. 

Section 18. Creation of new departments or offices; change of 

duties. The council by ordinance may create, change and 

abolish offices, departments, or agencies, other than the 

offices, departments and agencies established by this chapter. 

The council by ordinance may assign additional functions or 

duties to offices, departments or agencies established by this 

chapter, but may not discontinue or assign to any other office, 

department or agency any function or duty assigned by this 

chapter to a particular office, department or agency. 

Section'19. City Clerk. ® The City Clerk of the city serving 

under the merit system at the time this chapter becomes applicable 

to the city shall continue to hold office as the City Clerk under 

the Mayor - Council form of government of such city, and his 

successor shall be selected and hold office subject to the provi- 

 



  

sions of such civil service or merit system. The council, with 

the concurrence of the mayor shall be the appointing authority in 

filling any vacancy in the office of city clerk. The City Clerk 

shall give notice of special or called meetings of the council, 

shall keep the journal of its proceedings, shall authenticate 

by his signature and record in full in a book kept for such 

purpose all ordinances and resolutions and shall perform such 

other duties as shall be required by this chapter or by ordi- 

nance, and such duties as are imposed by general law of Alabama 

upon city clerks and as to which other provisions are not made 

in this chapter. 

Section 20. Induction of council into office; meetings of 

council. The first meeting of each newly elected council for 

induction into office, shall be held at ten o'clock in the morning 

on the first Monday in October next following its election, after 

which the council shall meet regularly at such times as may be 

prescribed by its rules, but not less frequently than once a 

week. All meetings of the council shall be open to the public. 

Section 21. Council to be judge of qualifications of its members. 

The council shall be the judge of the election and qualifications 

of its members and for such purpose shall have power to subpoena 

witnesses and require the production of records, but the deci- 

sion of the council in any such case shall be subject to review 

by the courts. 

Section 22. Rules of procedure; journal. The council shall 

determine its own rules and order of business. It shall keep 

a journal of its proceedings and the journal shall be open to 

public inspection. 

Section 23. Meetings, passage of ordinances, etc. The council 

shall hold regular public meetings on Tuesday of each and every 

 



  

week at a regular hour to be fixed by the order of said council 

from time to time and publicly announced; it may hold such ad- 

journed, called, special or other meetings as the business of 

the city may require. The president of the council, when present, 

shall preside at all meetings of said council. Five members of 

the council shall constitute a quorum for the transaction of any 

and every power conferred upon said council, and the affirma- 

tive vote of at least four members of the council, provided such 

four constitute a majority of those voting, shall be sufficient 

for the passage of any resolution, by-law or ordinance, or the 

transaction of any business of any sort by the said council 

or the exercise of any of the powers conferred upon it by the 

terms of this chapter or by law, or which may hereafter be con- 

ferred upon it. No resolution, by-law or ordinance granting 

any franchise, appropriating any money for any purpose, pro- 

viding for any public improvements, any regulation concerning 

the public health, or of any other general or permanent nature, 

except the proclamation of quarantine, shall be enacted except 

at a regular public meeting of said council or an adjournment 

thereof. Every ordinance introduced at any and every such 

meeting shall be in writing and read before any vote thereon 

shall be taken, and the yeas and nays thereon shall be recorded; 

provided that if the vote of all councilmen present be unanimous, 

it may be so stated in the journal without recording the yeas 

and nays. A record of the proceedings of every meeting of the 

council shall be kept, and every resolution or ordinance passed 

by the council must be recorded and the record of the proceedings 

of the meeting shall, when approved by the council, be signed 

by the president of the council and the city clerk. Such records 

shall be kept available for inspection by all citizens of such 

city at all reasonable times. No ordinance of permanent opera- 

tion shall be passed at the meeting at which it was introduced 

-10- 

 



  

except by unanimous consent of all members of the council present, 

and such unanimous consent shall be shown by the yea and nay 

votes entered upon the minutes of said meeting; provided, however, 

that if all members of the council present vote for the passage 

of the ordinance and their names are so entered of record as 

voting in favor thérect, it shall be construed as giving 

unanimous consent to the action upon such ordinance at the 

meeting at which it is introduced. All ordinances or resolu- 

tions, after having been passed by the council, shall by the 

clerk be transmitted within forty-eight (48) hours after their 

passage to the mayor for his consideration, who, if he shall 

“approve thereof, shall sign and return the same to the clerk, 

who shall publish them, if publication thereof is required, and 

such ordinances and resolutions shall thereupon become effective 

and have the force of law. Delivery to the office of the mayor 

shall constitute delivery to the mayor. An ordinance or reso- 

lution may be recalled from the mayor at any time before it 

has become a law, or has been acted on by him, by a resolution 

adopted by a majority of the members elected to the council, 

in regular or special session. If the mayor shall disapprove 

of any ordinance or resolution transmitted to him as aforesaid, 

he shall, within ten (10) days of the time of its passage by 

the council, return the same to the clerk with his objections 

in writing, and the clerk shall make report thereof to the next 

regular meeting of the city council; and if two-thirds of the 

members elected to the said council shall at said meeting adhere 

to said ordinance or resolution, not withstanding said objections 

sald vote being taken by yeas and nays and spread upon the 

minutes, then, and not otherwise, said ordinance or resolution 

shall after publication thereof, if publication is required, 

have the force of law. If publication of said ordinance or 

resolution is not required, it shall take effect upon its passage 

over such veto. The failure of the mayor to return to the city 

is 

 



  

clerk an ordinance or resolution with his veto within ten (10) 

days after its passage by the council shall operate and have 

the same effect as an approval of the same, and the city clerk, 

if publication is required, shall publish the same as is herein 

provided for the publication of laws and ordinances of said 

city. And if no publication is required, the ordinance or 

resolution shall become effective upon the expiration of said 

ten (10) days. These provisions are subject to the publication 

of ordinances as set out in the Alabama Code of 1940 (Recomp. 

1958), Section 462, as amended Title 37. Anything in this 

section to the contrary notwithstanding, the mayor shall not 

have the power of veto over any action of the council relating 

to an investigation as provided for in Section 87. 

Section 24. Granting of franchises. No resolution or ordinance, 

granting to any person, firm or corporation any franchise, lease 

or right to use the streets, public highways, thoroughfares, or 

public way of said city, either in, under, upon, along, 

through, or over same shall take effect and be enforced until 

thirty days after the final enactment of same by the council 

and publication of said resolution or ordinance in full once 

a week for three consecutive weeks in some daily newspaper pub- 

lished in said city or if no such newspaper exists, then by | 

posting in three public notices, which publication shall be 

made at the expense of the persons, firm or corporation apply- 

ing for said grant. Pending the passage of any such resolution 

or ordinance or during the time intervening between its final 

passage, and the expiration of the thirty days during which 

publication shall be made as above provided, the legally 

qualified voters of said city may, by written petition or petitions 

addressed to said council, object to such grant, and if during 

such period such written petition or petitions signed by at 

-12- 

 



  

least ten percent (10%) of the legally qualified voters of the 
city shall be filed with said council, said council shall forth- 
with order an election, which shall be conducted by the election 
commission of the city or other body or official charged with 
the duty of conducting elections therein, at which election the 
legally qualified voters of said city shall vote for or against 
the proposed grant as set forth in the said resolution or 
ordinance. In the call for said election, the said resolution 
or ordinance making such grant shall be published at length and 
in full at the expense of the city in a newspaper published in 
said city by one publication. If a majority of the votes cast 
at such election shall be against the passage of said resolution 
or ordinance, then and in those events, said resolution or 
ordinance shall not become effective nor shall it confer any 
rights, powers or privileges of any kind, otherwise, said 
resolution or ordinance and said grant shall thereupon become 
effective as fully and to the same extent as if said election 
has not been called or held. If, as the result of said election, 
said resolution or ordinance shall not become effective, then 
it shall be the duty of said council, after the results of 
said election shall be determined, to pass a resolution or 
ordinance to that effect. No grant of any franchise or lease 
or right of user, or any other right, in, under, upon, along, 
through, or over the streets, public highways, thoroughfares or 
public ways of any such city, shall be made or given nor shall 
any such rights of any kind whatever be conferred upon any 
person, firm or corporation, except by resolution or ordinance 
duly passed by the council at some regular or adjourned regular 
meeting and published as above provided for in this Section; 
nor shall any extension or enlargement of any such rights or 
powers previously granted be made or given except in the manner 
and subject to all the conditions herein provided for as to the 

“13% 

 



  

original grant of same. It is expressly provided, however, that 

the provisions of this Section shall not apply to the grant of 

side track or switching privileges to any railroad for the pur- 

pose of reaching and affording railway connections, and switch 

privileges to the owners or users of any industrial plant, store 

or warehouse; provided further, that said track or switch shall 

not extend for a greater distance than one thousand, three 

hundred twenty feet. 

Section 25. Codification authorized. The council may provide at 

any time it may deem proper, for the revision and codification of 

its ordinances, by-laws, and permanent resolutions, or for the 

adoption of a code or codes by ordinance. Such code or codes 

and the revisions or amendments thereof may relate to the whole 

system of city by-laws, ordinances and permanent resolutions, or 

may relate to that portion of such ordinances, by-laws and per- 

manent resolutions which relate to, affect or purport to govern 

any particular subject or subjects or subdivisions of municipal 

legislation. The council shall have full power and authority 

to prescribe the manner in which said code or codes, revisions, 

or amendments thereto, shall be made public, whether by proclama- 

tion of any officer or officers of said city by posting or by 

publication, one or all, but it shall not be necessary unless 

so prescribed by the council for such code or codes, revisions 

or amendments thereto, to be published in a newspaper or news- 

papers. Nor shall it be necessary that such code or codes, 

revisions or amendments thereto, be spread at length upon the 

minutes, but they will be noted in the minutes. The council 

may prescribe that such code or codes, revisions or amendments 

thereto may be certified by and filed with the city clerk, or 

other corresponding officer, in lieu of spreading at length 

the same on the minutes; and the council may prescribe the 

manner in which copies of such code or codes, revisions, or 

ay FAR 

 



  

amendments thereto, may be officially certified for use by 

the inhabitants or by the courts. The council may adopt and 

provide for the maintenance in a designated office of the 

city of a comprehensive zone map of the city open for in- 

spection by the public at all reasonable times, and may make 

such zone map a part of any ordinance by reference thereto 

in such ordinance and without publication of such zone map 

in any newspaper. Such zone map need not be in one piece 

but may for convenience be in sections. A zone map of terri- 

tory newly added to the city shall be treated as a compre- 

hensive zone map of the city for purposes of application 

of the provisions of the next preceding sentence. These 

provisions are subject to the publication of ordinances, etc., 

as set out in the Alabama Code of 1940 (Recomp. 1958), Sec- 

tion 462, as amended, Title 37. 

Section 26. Examination of books and publication of accounts. 

The council shall each month print in pamphlet form a de- 

tailed statement of all receipts and expenses of the city, and 

a summary of its proceedings during the preceding month, and 

furnish printed copies thereof to the daily newspapers of the 

city, other members of the news media of the city, and to per- 

sons who apply therefor. At the end of each year, the council 

shall cause a full and complete examination of all the books 

and accounts of the city to be made by a certified public 

accountant, or by the state department of examiner of public 

accounts, and shall cause the result of such examination to 

be published in the manner above provided for publication of 

statements of monthly expenditures. Such examination shall 

not be made more than two years in succession by the same 

accountant. 

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ARTICLE IV 
  

MAYOR 

  

Section 27. . The mayor, election, term, qualification. The first 
mayor shall be elected at the same election at which the council- 
men are elected under the provisions of Sections 1 and 3 of this 
chapter. The first mayor shall qualify and take office in the 

manner hereinafter prescribed. The mayor shall take office on 

the first Monday in October in the same year of election, and 

shall serve for four years. The regular election for mayor 

shall be held on the third Tuesday in August of the year during 
which the term of the first mayor elected hereunder terminates 
and every four years thereafter. The mayor elected at such 

regular election, shall, on or before the first Monday of 

October following his election qualify by making oath that he 

is eligible for said office and will execute the duties of 

same according to the best of his knowledge and ability. Said 

oath may be administered by any person authorized to administer 

an oath under the laws of Alabama. At any election for mayor the 
candidate receiving the highest number of votes for the office 

shall be elected thereto, provided such candidate received a 

majority of all votes cast for such office. If at the first 

election a majority is not received by any candidate for the 

office of mayor, then a second election shall be held on the 

third Tuesday thereafter in the same mode and manner and under 

the same rules and regulations provided in Sections 1 and 3 

hereof with respect to election of the first mayor. 

Section 28. Statement of candidacy. Any person desiring to be- 
come a candidate at any election for the office of mayor may 

become such candidate by filing in the office of the City Clerk 
a statement in writing of such candidacy, accompanied by an 

~16- 

 



affidavit taken and certified by a notary public that such 

  

person is duly qualified to hold the office for which he desires 

to be a candidate. Such statement shall be filed not less 

than 42 days and not more than 82 days immediately preceding 

the day set for such election and shall be in substantially 

the following form: "State of Alabama, Mobile County, I, the 

undersigned, being first duly sworn, depose and say that I am 

a citizen of the City of Mobile, in said State and County, 

reside at in said City of   

Mobile, that I desire to become a candidate for the office 

of mayor in said city at the election of said office to be 

held on the day of August next and that I am duly 

qualified to hold said office if elected thereto and I hereby 

request that my name be printed upon the official ballot at 

said election. Signed 
  

Subscribed and sworn to before me by said 
  

  

  

on this day of y. +9 yi @nd- Filed in 

this office for record on said day, 
  

City Clerk." Said statement shall be accompanied by a quali- 

fying fee in the amount of $300.00, which qualifying fee shall 

be paid into the general fund of the city, or in lieu thereof a 

person may also become a candidate for the office of mayor by 

filing a verified pauper's oath with the City Clerk, or by 

filing a verified petition containing an endorsement of candidacy 

by the signatures and addresses of 2,000 persons, each of whom 

is a registered voter residing in the city, provided that no 

such signature may be obtained more than twelve (12) months 

immediately preceding the deadline for filing statement of 

candidacy. 

Section 29. Eligibility. The mayor shall be a qualified elector, 

and a resident of the city, and shall reside within the city 

during his term of office. 

Section 30. Compensation. The mayor shall receive an annual 

salary in the sum of Thirty Thousand ($30,000.00) Dollars, payable 

~17= 

 



  

in monthly installments at the end of each month, said instal]- 
ments, to be paid ar the same rate for any portion of the month 
during which the mayor shall hold office at the rate thus Provided. 

Section 31: Vacancy in office of mayor. Whenever any vacancy in 
the office of mayor shall occur by reason of death, resignation, 
removal or any other cause, the president of the council shall 

mayor is elected and qualified as hereinafter provided. The 
acting mayor shall receive no compensation, expenses or allow- 
ances as a councilman while acting as mayor, but he will receive 
the same rate of pay and allowances Provided for the mayor whose 
vacated office he fills, and the compensation received for days 
of service as acting mayor shall not be counted in determining 

before the council. The council shall within five (5) days of 
the occurrence of the vacancy in the office of the mayor call ga 
special election to fill such vacancy, such election to be held 
on a Tuesday not less than forty-five (45) days and not more than 
sixty (60) days from the occurrence of such vacancy; provided; 
however, if ga regular or special election is scheduled Or required 
to be held within one hundred twenty (120) days after the occur - 
rence of such vacancy but more than fifty (50) days after such 
occurrence, then the vacancy in the office of mayor will be filled 
at such regular or special election. Notice of such election shall be given at the expense of the city by one publication not less 
than forty-five (45) days in advance of the same in one or more 
newspapers published in such city. The method, procedure and re- 
quirements of qualifying, voting upon and determining the suc- 

18+ 

 



  

cessful candidate shall be the same as is provided herein rela- 

tive to the election of the mayor at regular elections, except 

that statements of candidacy must be filed not less than 

thirty (30) days immediately preceding the date set for such 

election. The successor to the mayor chosen at any such elec- 

tion shall qualify for office as soon as practical thereafter, 

and shall be clothed with and assume the duties, responsibilities 

and powers of such office immediately upon such qualification, 

and shall hold office for the unexpired term of his predecessor 

and until his successor is elected and qualified. 

Section 32. The mayor; powers and duties. The mayor shall be 

the head of the administrative branch of the city government. 

He may attend council meetings but not vote in its proceedings 

and he shall have the power and duties herein conferred. He 

shall be responsible for the proper administration of all af- 

fairs of the city, and subject to the provisions of any civil 

service or merit system law applicable to such city and except 

as otherwise provided herein, he shall have power and shall be 

required to: 

(1) Enforce all laws and ordinances. 

(2) Appoint and, when necessary for the good of the 

service, remove all officers and employees of the city except 

as otherwise provided by this chapter, except as he may authorize 

the head of a department or office to appoint and remove sub- 

ordinates in such department or office, all subject to any 

Merit System provision in effect at such time. 

(3) Appoint all members of boards, commissions or 

other bodies authorized herein or by law, subject to the con- 

firmation by the council. When any appointment is sent to the 

council for confirmation and the council fails to either confirm 

or deny confirmation of the appointment for a period of thirty 

days the appointment shall be deemed confirmed without action by 

~19~ 

 



  

the council. This provision for appointment of members of boards, 

commissions or other bodies authorized herein or by law shall 

supersede any different provisions for appointment of such mem- 

bers contained in any statute or ordinance in effect at the time 

this chapter becomes effective, and shall include power to re- 

move any member of the board, commission or body to the same 

extent as might be done by the preceding governing body of the 

city, and to appoint another in his stead. And wherever any 

statute provides that the chief executive officer of the city 

is designated to act in any capacity ex-officio, the mayor 

shall act. 

(4) Exercise administrative supervision and control over 

all departments created by this chapter or by law or hereafter 

created by the council, except those otherwise given independent 

status under this chapter. 

(5) Keep the council fully advised as to the financial 

conditions and needs of the city; prepare and submit the budget 

annually to the council and be responsible for its administration 

after its adoption; prepare and submit, as of the end of the 

fiscal year, a complete report on the financial and administrative 

activities of the city for such year. 

(6) Recommend to the council such actions as he may 

deem desirable. 

(7) Prepare and submit to the council such reports as 

may be required of him. 

(8) Perform such other duties as may be prescribed 

by this chapter. 

(9) Fix the salaries or compensation of all officers 

and employees of the city who are appointable by him, subject, 

however, to the provisions of any civil service or merit law 

applicable to the city. 

20 = 

 



  

Section 33. Administrative departments. There shall be a depart- 

ment of finance and such other departments as may be established 

by ordinance upon the recommendation of the mayor. 

Section 34. Directors of departments. At the head of each depart- 

ment there shall be a director, who shall be an officer of the 

city and shall have supervision and control of the department 

subject to the mayor. Two or more departments may be headed by 

the same individual, the mayor may head one or more departments, 

and directors of departments may also serve as chiefs of divisions. 

Section 35. Departmental divisions. The work of each department 

may be distributed among such divisions thereof as may be es- 

tablished by ordinance upon the recommendation of the mayor. 

Pending the passage of an ordinance or ordinances distributing 

the work of departments under the supervision and control of the 

mayor among specific divisions thereof, the mayor may establish 

temporary divisions. 

Section 36. Chief Administrative Assistant to the Mayor. The 

mayor is hereby authorized to employ for and on behalf of the 

city an employee to be known as Chief Administrative Assistant 

to the Mayor, to serve at the pleasure of the mayor, to define 

the duties of said employee, and to fix compensation at a salary 

not in excess of the highest non-elected employee of the municipal- 

ity. The Chief Administrative Assistant to the mayor shall per- 

form such administrative and supervisory duties related to the 

office of the mayor as the mayor may delegate; shall keep in- 

formed of all developments within the various departments of 

the city government and may analyze and recommend procedures and 

administrative changes for such departments; shall assist the 

mayor in coordinating the preparation of the executive budget; 

shall review personnel action requests prior to submission to 

-31= 

 



  

the mayor; shall make feasibility studies of major proposals 

eminating from the city council and various other duties as 

assigned by the mayor. The Chief Administrative Assistant to 

the Mayor as employed hereunder must reside within the city 

during the term of employment. Said Chief Administrative 

Assistant to the Mayor shall not be subject to the provisions 

of any merit system. This section shall not limit the authority 

of said mayor to appoint other employees of said city under 

civil service or otherwise authorized by any law. 

Section 37. Executive Secretary. The mayor is hereby authorized 

to employ for and on behalf of the city an employee to be known 

as Executive Secretary to serve at the pleasure of the mayor, to 

define the duties of said employee, and to fix compensation at 

a salary not in excess of the highest paid non-elected employee 

of the municipality. The duties of the Executive Secretary shall 

be the coordinating and planning of the mayor's public appearances, 

appointments, and press relations, as well as to assist the 

mayor in making feasibility studies of major policy proposals 

eminating from the city council, monitoring the activities of 

the city council and various other duties as the mayor may 

delegate. The Executive Secretary employed hereunder must re- 

side within the city during the term of employment. Said 

Executive Secretary shall not be subject to the provisions of 

the merit system. This section shall not limit the authority 

of said mayor to appoint other employees of said city under 

civil service or otherwise where authorized by any other law. 

wD 

 



  

ARTICLE V 
  

BUDGET 

Section 38. Fiscal year. The fiscal year of the city govern- 

ment shall begin on the first day of October and shall end on the 

last day of September of each calendar year. Such fiscal year 

shall also constitute the budget and accounting year. As used 

in this chapter, the term "budget year" shall mean the fiscal 

year for which any particular budget is adopted and in which 

it is administered. 

Section 39. Submission of budgets. On a day to be fixed by the 

council but in no case later than the 20th day of August in each 

year, the mayor shall submit to the council: 

(a) A separate current revenue and expense budget 

for the general operation of the city government, to be known 

as the "general fund budget"; | 

(b) A budget for each public utility owned and 

operated by such city; 

(c) A capital budget; and 

(d) A budget message. 

When submitting the budgets to the council, the mayor shall 

submit his recommendation of new sources of revenue or manner of 

increasing existing sources of revenue, sufficient to balance the 

budgets, if such additional revenue is necessary to accomplish 

that purpose. 

Section 40. Preparation of budgets. It shall be the duty of the 

head of each department, and each other office or agency supported 

in whole or in part by the city, to file with the Director of 

Finance, at such time as the mayor may prescribe, estimates of 

revenue and expenditure for that department, office or agency 

for the ensuing fiscal year. Such estimates shall be submitted 

«23% 

 



  

on the forms furnished by the Director of Finance and it shall 

be the duty of the head of each department, office or agency, to 

supply all the information which the Director of Finance may 

require to be submitted thereon. The Director of Finance shall 

assemble and compile these estimates and supply such additional 

information relating to the financial transactions of the city 

as may be required by the mayor in the preparation of the bud- 

gets. The mayor shall hold such hearings as he may deem ad- 

visable and with the assistance of the Director of Finance shall 

review the estimates and other data pertinent to the preparation 

of the budgets and make such revisions in such estimates as he 

may deem proper, subject to the laws of the State of Alabama 

and any municipal ordinance relating to obligatory expenditures 

for any purpose. 

Section 41. Scope of General Fund Budget. The general fund 

budget shall include only the net amounts estimated to be re- 

ceived from or to be appropriated to each public utility. The 

general fund budget shall be prepared in accordance with ac- 

cepted principles of municipal accounting and budgetary procedures 

and techniques, and shall show: 

(a) such portion of the general fund cash surplus 

as it is estimated will exist, at the end of the current fiscal 

year, and is proposed to be used for meeting expenditures in the 

general fund budget for the ensuing year; 

(b) an estimate of the receipts from current ad 

valorem taxes on real estate and tangible personal property 

during the ensuing fiscal year, assuming that the percentage 

of the levy collected be no greater than the average percentage 

of the levy collected in the last three completed tax years. 

(c) an estimate of receipts from all other sitios 

of revenue, provided that the estimated receipts from each such 

or. 

 



  

source shall not exceed the percentage of estimated revenue in 

the current fiscal year from the same source, over the amount of 

the revenue received from the same source in the last completed 

fiscal year, unless a law or ordinance under which revenue from 

any source is derived, has been amended or a new source of revenue 

has been provided by law or ordinance, in the course of the 

current year, in which case the estimated receipts from that 

source may be fixed by the mayor. If additional revenue is to 

be derived from the State, the amount fixed by the mayor shall 

not exceed the amount which the proper State official shall 

certify in writing to be the reasonable expectation of receipts 

from such source; 

(d) a statement to be furnished by the Director of 

Finance of the debt service requirements for the ensuing year; 

(e) an estimate of the general fund cash deficit, 

if any, at the end of the current fiscal year and of any other 

obligations required by law to be budgeted for the ensuing 

fiscal year; 

(f) an estimate of expenditures and appropriations 

for all other purposes to be met from the general fund in the 

ensuing fiscal year. All the estimates shall be in detail show- 

ing receipts by sources and expenditures by operating units, 

character and object, so arranged as to show receipts and 

expenditures as estimated for the current fiscal year and 

actual receipts and expenditures for the last fiscal year, in 

comparison with estimated receipts and recommended expenditures 

for the ensuing fiscal year. 

Section 42. A balanced budget. In no event shall the expenditures 
recommended by the mayor in the general fund budget exceed ninety- 

eight (98%) percent of the receipts estimated, taking into account 

25. 

 



  

the estimated cash surplus or deficit at the end of the current 

fiscal year, as provided in the preceding section, unless the 

mayor shall recommend an increase in or levy of new or increased 

taxes or licenses within the power of the city to levy and collect 

in the ensuing fiscal year, the receipts from which, estimated on 

the basis of the average experience with the sage or similar taxes 

during the three full tax years last past, will make up the dif- 

ference. If estimated receipts exceed estimated expenditures, 

the mayor may recommend revisions in the tax and license ordi- 

nances of the city in order to bring the general fund budget 

into balance. The same balanced budget restrictions shall apply 

in the adoption of any public utility budget. 

Section 43. The budget message. The budget message shall con- 

tain the recommendations of the mayor concerning the fiscal policy 

of the city, a description of the important features of the budget 

plan, an explanation of all salient changes in each budget sub- 

mitted, as to estimated receipts and recommended expenditures as 

compared with the current fiscal year and the last preceding 

fiscal year, and a summary of the proposed budgets showing com- 

parisons similar to those required by Section 41 above. 

Section 44. Availability of budgets for Inspection and Publica- 

tion of the Budget Message. The mayor shall cause the budget 

message to be printed, mimeographed or otherwise reproduced for 

general distribution at the time of its submission to the council 

and sufficient copies of the proposed general fund, public 

utility and capital budgets to be made, to supply copies to 

each member of the council and each daily newspaper of general 

circulation published in the city and all other members of the 

news media in the city, and LO copies to be deposited in the 

office of the city clerk where they shall be open to public in- 

spection during regular business hours. 

26 

 



  

Section 45. Publication of Notice of Public Hearing, At the 

meeting of the council at which the budget and budget message 

are submitted, the council shall determine the place and time 

of the public hearing on the budget, and shall cause to be 

published a notice of the place and time, not less than seven 

days after the date of publication, .at which the council will 

hold a public hearing. Publication shall be made at least once 

in a daily newspaper published and of general circulation in the 

city. At the time and place so advertised, or at any time and 

place to which such public hearing shall from time to time be 

adjourned, the council shall hold a public hearing on the budget 

as submitted, at which any citizen of the city shall be given an 

opportunity to be heard, for or against the estimates of any 

item thereof. 

Section 46. Action by the council on the general fund budget. 

After the conclusion of the public hearing the council may in- 

sert new items of expenditures or may increase, decrease or 

strike out items of expenditure in the general fund budget, ex- 

cept that no item of expenditure for debt service, or any other 

item required to be included by this chapter or other provision 

of law, shall be reduced or stricken out. The council shall 

not alter the estimates of receipts contained in the said budget 

except to correct omissions or mathematical errors and it shall 

not cause the total of expenditures as recommended by the mayor 

to be increased without a public hearing on such increase, which 

shall be held not less than three days after notice thereof by 

publication in a newspaper of general circulation published in 

the city. The council shall in no event adopt a general fund 

budget in which the total of expenditures exceeds nine-eight 

percent of the receipts and available surplus, estimated as pro- 

vided in Section 41 of this chapter unless at the same time it 

07. 

 



  

adopts measures for providing additional revenue in the ensuing 

fiscal year, estimated as provided in Sections 39 and 42 of this 

chapter, sufficient to make up the difference. 

Section 47. Adoption of General Fund Budget. Not later than the 

20th day of September of the current fiscal year, the council by 

a majority vote shall adopt the general fund budget, and such 

ordinance providing for additional revenue as may be necessary to 

put the budget in balance, including a 2% reserve. If for any 

reason the council fails to adopt the general fund budget on or 

before such day, the general fund budget of the current fiscal 

year shall be the general fund budget for the ensuing year, until 

such time as a newly revised budget shall be adopted by the coun- 

cil, and, until such time, shall have full force and effect to 

the same extent as if the same had been adopted by the council, 

notwithstanding anything to the contrary in this chapter. 

Section 48. Expenditure Line Item, Veto by Mayor. If the mayor 

shall disapprove of any expenditure line item contained in the 

budget transmitted to him by the council, he shall, within ten 

(10) days of the time of its passage by the council, return 

the same to the clerk with his objections in writing, and the 

clerk shall make report thereof to the next regular meeting of 

the city council, and if two-thirds of the members elected to the 

said council shall at said meeting adhere to said expenditure 

line item by yeas and nays and spread upon the minutes, then and 

not otherwise, said expenditure line item shall become effective. 

Section 49. Effective Date of Budget; Certification; Copies 

Made Available. Upon final adoption, the budget shall be in 

effect for the budget year. A copy of the budget, as finally 

adopted, shall be certified by the mayor and city clerk and 

filed in the office of the Director of Finance. The budget so 

certified shall be printed, mimeographed or otherwise reproduced 

- 8 

 



  

and sufficient copies thereof shall be made available for the 

use of all offices, departments and agencies and for the use of 

the citizens of the city who request a copy. 

Section 50. Utility Budgets. Separate budget estimates for any 

public utilities owned and operated by the city shall be submitted 

to the Director of Finance at the same time as the budget estimates 

of other departments, and in the form prescribed by the Director 

of Finance. The mayor shall present to the council the budget for 

the utility operation, itemizing the receipts and expenditures in 

manner and form as is generally provided for in Section 41 of this 

chapter as being applicable to the general fund budget. 

Section 51. Work Plan and Allotments. After the current expense 

budgets have been adopted and before the beginning of the fiscal 

year the head of each department, office, and agency, shall submit 

to the mayor in such form as he shall prescribe a work program 

which shall show the requested allotments of the appropriations 

for such department, office or agency for the entire fiscal year 

by monthly or quarterly periods as the mayor may direct. Before 

the beginning of the fiscal year the mayor shall approve, with 

such amendments as he shall determine, the allotments for each 

such department, office, or agency, and shall file the same with 

the Director of Finance who shall not authorize any expenditure 

to be made from any appropriation except on the basis of approved 

allotments, provided that such allotments shall be in conformity 

with the salaries established by ordinance, the provisions of 

any merit or civil service system applicable to such city, the 

laws of the State of Alabama and any municipal ordinances of such 

city, relating to obligatory expenditures for any purpose. The 

aggregate of such allotments shall not exceed the total appro- 

priation available to each such department, office, or agency 

for the fiscal year. An approved allotment may be revised during 

«20. 

 



  

the fiscal year in the same manner as the original allotment was 

made. If at any time during the fiscal year the mayor shall as- 

certain that the revenue cash receipts of the general fund or 

any public utility for the year plus any cash surplus available 

from the preceding year, will be less than the total appropria- 

tions to be met from such receipts and said surplus, he shall 

reconsider the work and allotments of the departments, offices 

and agencies, and, subject to the laws of the State of Alabama 

and any municipal ordinances of the city relating to obligatory 

expenditures for any purpose, revise the allotments so as to 

forestall the incurring of a deficit; provided, however, that 

there shall be no reduction in salaries except by order of the 

council, or as authorized by law. 

Section 52. Transfers of Appropriations. The mayor may at any 

time authorize, at the request of any department, office, or 

agency, the transfer of any unencumbered balance or portion 

thereof in any general fund appropriation from one classification 

of expenditure to another within the same department, office 

or agency. At the request of the mayor, the council may by 

resolution transfer any unencumbered balance or portion thereof 

in any general fund appropriation from one department, office 

or agency to another. 

Section 53. Additional Appropriations. Appropriations in addi- 

tion to those contained in the original general fund budget 

ordinance, may be made by the council by not less than five 

affirmative votes, but only on the recommendation of the mayor 

and only if the Director of Finance certifies in writing that 

there is available in the general fund a sum unencumbered and 

unappropriated sufficient to meet such appropriation. 

Section 54. Emergency Appropriations. At any time in any budget 

year, the council may, pursuant to this Section, make emergency 

«30 = 

 



  

appropriations to meet a pressing need for public expenditures, 

for other than a regular or recurring requirement, to protect 

the public health, safety or welfare. Such appropriation may 

be made by the council, by not less than five affirmative votes, 

but only on the recommendation of the mayor. The total amount 

of all emergency appropriations made in any budget year shall 

not exceed five per centum of the total general fund operating 

appropriations made in the budget for that year. 

Section 55. Appropriations to Lapse. Any portion of an appro- 

priation remaining unexpended and unencumbered at the close of 

the fiscal year, shall lapse. 

Section 56. Capital Budget. At the same time that he submits 

the general fund budget, the mayor shall submit to the council 

a capital improvement program covering all recommended capital 

improvement projects, for the ensuing fiscal year and for the 

four fiscal years thereafter, with his recommendation as to the 

means of financing the improvements proposed for the ensuing 

fiscal year. The council shall have the power to accept with or 

without amendments or reject the proposed program and proposed 

means of financing for the ensuing fiscal year; and may from 

time to time during the fiscal year amend by ordinance adopted 

by at least five affirmative votes, the program previously 

adopted by it, or the means of financing the whole or any part 

thereof or both, provided that the amendment shall have been 

recommended by the mayor and further, provided such additional 

funds are available in the general fund or in any other fund 

of the city available therefor. The council shall adopt a 

capital budget prior to the beginning of the fiscal year in which 

the budget is to take effect. No appropriations for a capital 

improvement project contained in the capital budget shall lapse 

until the purpose for which the appropriation was made shall have 

=31- 

 



ES 

  

been accomplished or abandoned, provided that any project shall 

be deemed to have been abandoned if three fiscal years lapse with- 
out any expenditure from or encumbrance of the appropriation 

therefor. Any such lapsed appropriation shall be applied to the 
payment of any indebtedness incurred in financing the project 

concerned and if there be no such indebtedness shall be available 
for appropriation. 

Section 57. Certification of Funds; Penalties for Violation. 

No payment shall be made and no obligation incurred by or on 

behalf of the city except in accordance with an appropriation 

duly made and no payment shall be made from or obligation in- 
curred against any allotment or appropriation unless the Director 
of Finance shall first certify that there is a sufficient un- 
expended and unencumbered balance in such allotment or appro- 

priation to meet the same; provided that nothing herein shall be 

taken to prevent the advance authoriztion of expenditures for 

small purchases as provided in subsection (e) of Section 64 

of this chapter. Every expenditure or obligation authorized 

or incurred in violation of the provisions of this chapter 

shall be void. Every payment made in violation of the provisions 
of this chapter shall be deemed illegal and every official who 
shall knowingly authorize or make such payment or knowingly 

take part therein and every person who shall knowingly receive said 
payment or any part thereof shall be jointly and severally liable 

to the city for the full amount so paid or received. If any 
officer, member of the board, or employee of the city, shall 

knowingly incur any obligation or shall knowingly authorize or 

make any expenditure in violation of the provisions of this 

chapter or knowingly take part therein, such action shall be cause 
for his removal. Nothing in this section contained, however, 

shall prevent the making of contracts of lease or for services 

providing for the payment of funds at a time beyond the fiscal 

«32. 

 



  

year in which such contracts are made, provided the nature of 

such transactions will reasonably require the making of such 

contracts. 

Section 58. Reserve for Permanent Public Improvements. The 

council may by ordinance establish a reserve fund for permanent 

public improvements and may appropriate thereto any portion of the 

general fund cash surplus not otherwise appropriated at the close 

of any fiscal year. Appropriations from the said fund shall be 

made only to finance improvements included in the capital budget. 

Section 59. Budget Continuation. Any official adopted budget in 

existence at the time that the council is first organized shall 

continue in force and effect during the balance of the city's 

then fiscal year, or until such time as the mayor may submit 

to the council and the council adopts, an amended, altered or 

revised budget for the balance of said fiscal year. 

Section 60. Budget Summary. At the head of the budget there 

shall appear a summary of the budget, which need not be itemized 

further than by principal sources of anticipated revenue, stating 

separately the amount to be raised by property tax, kinds of 

expenditures itemized according to departments, doing so in 

such manner as to present to the taxpayers a simple and clear 

summary of the detailed estimates of the budget. 

ARTICLE VI 
  

DEPARTMENT OF FINANCE 
  

Section 61. Director of Finance; appointment. There shall be a 

department of finance, the head of which shall be the Director 

of Finance, who shall be appointed by the mayor, subject to pro- 

visions of civil service or the merit system applicable to the 

city. He shall be the chief Financial Officer of the city. 

“33 

 



  

Section 62. Director of Finance; qualifications. The director 

of finance shall be a person skilled in municipal accounting, 

taxation, and financial control. 

Section 63. Director of Finance, surety bond. The Director of 

Finance shall provide a bond with such surety and in such amount 

as the council may require by resolution or ordinance. The 

premium on said bond shall be paid by the city. 

Section 64. Director of Finance; powers and duties. The 

Director of Finance shall have general management and control 

of the several divisions and units of the Department of Finance. 

He shall have charge, subject to the direction and control of 

the mayor, of the administration of the financial affairs of 

the city, and to that end shall have authority and be required 

to: 

(a) cooperate with the mayor in compiling estimates 

for the general fund, public utility and capital budgets; 

(b) supervise and control all encumbrances, expendi- 

tures and disbursements to insure that budget appropriations 

are not exceeded; 

(c) prescribe and install systems of accounts for all 

departments, offices, and agencies of the city and provide 

instructions for their use; and prescribe the form of receipts, 

vouchers, bills or claims to be used and of accounts to be kept 

by all departments, offices, and agencies of the ¢lty; 

(d) require daily, or at such other intervals as he 

may deem expedient, a report of receipts from each of such de- 

partments, offices and agencies, and prescribe the time and the 

manner in which moneys received by them shall be paid to the 

office of the Director of Finance or deposited in a city bank 

account under his control; 

-34~ 

 



  

(e) examine all contracts, purchase orders and other 

documents, except bonds and notes which create financial obliga- 
tions against the city, and approve the same only upon ascertain- 
ing that money has been appropriated and allotted therefor and 
that an unexpended and unencumbered balance is available in 

such appropriation and allotment to meet the same, provided 

that the Director of Finance may give advance authorization for 
the expenditure from any appropriation for the purchase of 

supplies, materials, or equipment of such sum, within the current 
allotment of such appropriation as he may deem necessary during 
a period of not to exceed the ensuing three calendar months for 
the purchase of items not to exceed in cost One Hundred Dollars 
for any one item, and immediately encumber such appropriation 

with the amount of such advance authorization, and thereafter, 

within the period specified, purchase orders for such items, to 
an aggregate not exceeding such authorization, shall be valid 

without the prior approval of the Director of Finance endorsed 

thereon, but each such purchase order shall be charged against 

such authorization and no such purchase order, which together 

with all such purchase orders previously charged within the 

period specified shall exceed the amount of such authorization, 
shall be valid; 

(f) have custody of all public funds belonging to 
or under the control of the city, or any office, department or 

agency of the city government and deposit all funds coming into 

his hands in such depositories as may be designated by resolution 
or ordinance of the council, or, if no such resolution or 

ordinance be adopted, by the mayor, subject to the requirements 

of law as to surety and the payment of interest on deposits. 

All such interest shall be the property of the city and shall be 

accounted for and credited to the proper account. He shall not 

be liable for any loss sustained as to funds of the city that 

“35 

 



  

are on deposit in such a designated bank or depository; 

(g) audit and approve before payment, all bills, 

invoices, payrolls and other evidences of claims, demands or 

charges against the city government and with the advice of the 

department of law, determine the regularity, legality and 

correctness of such claims, demands or charges; 

(h) have custody of all investments and invested 

funds of the city or in its possession in a fiduciary capacity, 

unless otherwise provided by this chapter, or by law, ordinance 

or the terms of any trust, and the safekeeping of all bonds 

and notes of the city and the receipt and delivery of city 

bonds and notes for transfer, registration and exchange; 

(i) have supervision over the preparation of bond 

ordinances, bonds, advertisements for sale of bonds, preparation 

of bond prospectuses, conduct of sale of bonds, and delivery of 

bonds, all subject to provisions of law and municipal ordinances, 

applicable thereto. Bonds shall be authenticated by the manual 

signature of the Director of Finance and shall bear the facsimile 

signature of the mayor and a facsimile of the seal of the city. 

Interest coupons transferable by delivery shall be attached to 

the bond and shall be authenticated by the facsimile signature 

of the Director of Finance; 

(j) supervise and direct the placing of all types of 

insurance carried by the city where the premiums in whole or in 

part are paid by the city, or the premiums in whole or in part are 

withheld through the payrolls; the amount of all types of insur- 

ance on which the city pays the premiums in whole or in part 

shall be determined by the council after a recommendation by 

the mayor; 

(k) submit to the mayor for presentation to the council 

not later than the twelfth day of each month, a statement showing 

in reasonable detail the revenues received by the city during the 

-36- 

 



  

preceding month, the revenues received during that fiscal year 

up to and through the end of the preceding month, the expendi- 

tures made during the preceding month, and the accumulated ex- 

penditures made during that fiscal year up to and through the 

end of the preceding month, together with a comparison of 

said items with the budget estimates; 

(1) furnish to the head of each department, office or 

agency of the city a copy of that portion of the statement as 

required in item (k) of this section, as same is related to his 

department, office or agency; 

(m) prepare and submit to the mayor at the end of 

each fiscal year, for the Preceding year, a complete financial 

statement and report of the financial transactions of the city; 

(n) designdte. with the approval of the Mayor, and 

subject to the provisions of any merit or civil service system 

applicable to such city, an employee of the department of 

finance as deputy director of finance who during the temporary 

absence or incapacity of the director of finance shall have 

and perform all the powers and duties conferred or imposed 

upon the director of finance; 

(0) protect the interests of the city by withholding 

the payment of any claim or demand by any person, firm or 

corporation against the city until any indebtedness or other 

liability due from such person, firm or corporation shall first 

have been settled and adjusted; 

(p) collect all special assessments, license fees 

and other revenues of the city for whose collection the city 

is responsible and receive all money receivable by the city 

from the county, state or federal government, or from any court, 

or from any office, department or agency of the city; 

(qQ) with approval of the mayor to inspect and audit 

any accounts or records of financial transactions which may be 

~37= 

 



  

maintained in any office, department or agency of the city 

government apart from or subsidiary to the accounts kept in his 

office; 

(r) supervise through the division of purchases as 

provided for in Section 67 of this chapter and be responsible 

for the purchase, storage and distribution of all supplies, 

materials, equipment and other articles used by any office, 

department or agency of the city government. 

Section 65. When contracts and expenditures prohibited. No 

officer, departient or agency shall, during any budget year, 

expend or contract to expend any money or incur any liability, 

or enter into any contract which by its terms involves the 

expenditure of money, for any purpose, in excess of the amounts 

appropriated for that general classification of expenditure 

pursuant to this chapter. Any contract, verbal or written, 

made in violation of this chapter shall be null and void. 

Nothing in this Section contained, however, shall prevent the 

making of contracts or the spending of money for capital im- 

provements to be financed in whole or in part by the issuance 

of bonds, nor the making of contracts of lease or for services 

for a period exceeding the budget year in which such contract is 

made, when such contract is permitted by law. 

Section 66. Fees shall be paid to city government. All fees 

received by any officer or employee of the city, shall belong 

to the city government and shall be paid daily to the depart- 

ment of finance. 

Section 67. Division of purchases. There shall be established 

in the department of finance a division of purchases, the head 

of which shall be the city purchasing agent. The purchasing 

agent, pursuant to rules and regulations established by resolu- 

~38- 

 



  

tion or ordinance, shall contract for, purchase, store and 

distribute all supplies, materials and equipment required by 

by any office, department or agency of the city government. 

The purchasing agent shall also have power and shall be re- 

quired to: 

(a) Establish and enforce specifications with respect 

to supplies, materials, and equipment required by the city govern- 

ment; 

(b) Inspect or supervise the inspection of all dos 

liveries of supplies, materials and equipment, and determine 

their quality, quantity and conformance with specifications; 

(c) Have charge of such general storerooms and ware- 

houses as the council may provide by resolution or ordinance; 

(d) Transfer to or between offices, departments or 

agencies, or sell surplus, obsolete, or unused supplies, material 

and equipment; 

(e) Perform such other duties as may be imposed upon 

him by resolution or ordinance. 

Section 68. Competitive bidding. Before the purchasing agent 

makes any purchase of or contract for supplies, materials or 

equipment, he shall give ample opportunity for competitive bidding, 

under such rules and regulations and with such exceptions as the 

council may prescribe by resolution or ordinance, provided, however, 

that the council shall not exempt individual contracts, purchases, 

or sales from the requirement of competitive bidding. 

Section 69. Contracts for city improvements. Any city improve- 

ment costing more than $2,000 shall be executed by contract ex- 

cept where such improvement is authorized by the council to be 

executed directly by a city department in conformity with detailed 

plans, specifications nd estimates. All such contracts for 

more than $2,000 shall be awarded to the lowest responsible 

=30 ~ 

 



  

bidder after such public notice and competition as may be pre- 

scribed by resolution or ordinance, provided the payed shall 

have the power to reject all bids and advertise again. Altera- 

tion in any contract may be made when authorized by the council 

upon the written recommendation of the mayor. Nothing in this 

or Section 68 shall be construed to supersede or nullify pro- 

visions of state law requiring or governing competitive bidding. 

Section 70. Accounting control of purchase. All purchases made 

and contracts executed by the purchasing agent shall be pursuant 

to a written requisition from the head of the office, department 

Or agency whose appropriation will be charged, and no contract 

or order shall be issued to any vendor unless and until the 

director of finance certifies that there is to the credit of 

such office, department or agency, a sufficient unencumbered 

appropriation balance to pay for the supplies, materials, equip- 

ment or contractual service for which the contract or order is 

to be issued. 

Section 71. Borrowing in anticipation of revenues. In any 

budget year, in anticipation of the collection or receipt of 

revenues of the budget year, the council may by resolution 

authorize the borrowing of money by the issuance of negotiable 

notes of the city, each of which shall be designated "revenue 

note for the year 19 (stating the budget year)". Such notes 

may be renewed from time to time; but all such notes, together 

with the renewals thereof, shall mature and be paid not later 

than the end of the fiscal year after the budget year in which 

the original notes have been issued. Such borrowing shall be 

subject to any limitation on amount provided by statute. 

Section 72. Borrowing to meet emergency appropriations. In 

the absence of unappropriated available revenues to meet emergency 

LW 

 



  

appropriations under the provisions of Section 53, the council 

may by resolution authorize the issuance of notes, each of which 

shall be designated "emergency note" and may be renewed from 

time to time, but all such notes of any fiscal year and any 

renewals thereof shall be paid not later than the last day of 

the fiscal year next succeeding the budget year in which the 

emergency appropriation was made. 

Section 73. Notes redeemable prior to maturity. No notes shall 

be made payable on demand, but any note may be made subject to 

redemption prior to maturity on such notice and at such time 

as may be stated in the note. 

Section 74. Sale of notes; report of sale. All notes issued 

pursuant to this chapter may be sold at not less than par and 

accrued interest at private sale without previous advertisement. 

ARTICLE VII 
  

SUCCESSION IN GOVERNMENT   

Section 75. Rights of officers and employees preserved. Nothing 

in this chapter contained, except as specifically provided, shall 

affect or impair the rights or privileges of officers or employees 

of the city or of any office, department or agency existing at 

the ime when this chapter shall take effect or any provision of 

law in force at the time when the Mayor - Council form of govern- 

ment shall become applicable and not inconsistent with the pro- 

visions of this chapter in relation to the personnel, appointment, 

ranks, grades, tenure of office, promotion, removal, pension and 

retirement rights, civil rights or any other rights or privileges 

of officers or employees of the city or any office, department 

or agency thereof. 

41 

 



  

Section 76. Continuance of present officers. All persons hold- 

ing administrative office at the time the Mayor - Council form of 
government becomes effective shall continue in office and in the 
performance of their duties until provisions have been made in 

accordance therewith for the performance of such duties or the 

discontinuance of such office. The powers conferred and the 

duties imposed upon any office, department or agency of the 

city by the laws of the State, if such office, department or 

agency shall be abolished by this chapter, or under its authority, 

be thereafter exercised and discharged by the office, department 

or agency designated by the council unless otherwise provided 

herein. 

Section 77. Status of officers and employees holding positions 

when the Mayor - Council form of government becomes effective. 
Any person holding an office or position in the classified service 
of the city under any civil service or merit system applicable 

to the city when the Mayor - Council form of sovernmerts shall 

become effective shall be continued as such officer or employee 

in the classified service of the city under the Mayor - Council 

form of government and with the same status, rights and privi- 
leges and subject to the same conditions under such applicable 

civil service or merit system as if the Mayor - Council form a 

government had not become applicable. 

Section 78. Transfer of records and property. All records, 

property and equipment whatsoever of any office, department or 

agency or part thereof, all the power and duties of which are 

assigned to any other office, department or agency by this 

chapter, shall be transferred and delivered to the office, 

department, or agency to which such powers and duties are So 

assigned. If part of the powers and duties of any office, de- 

partment or agency or part thereof are by this chapter assigned 

47. 

 



  

J    

to another office, department or agency, all records, property 

and equipment relating exclusively thereto shall be transferred 

and delivered to the office, department or agency to which such 

powers and duties are so assigned. 

Section 79. Continuity of offices, departments or agencies. Any 

office, department or agency provided for in this chapter with a 

name or with powers and duties the same or substantially the 

same as those of an office, department or agency heretofore 

existing shall be deemed to be a continuation of such office, de- 
partment or agency and until otherwise provided, shall exercise 

its powers and duties in continuation of their ‘exercise by the 

office, department or agency by which the same were heretofore 
exercised and, until otherwise provided, shall have power to 

continue any business, proceeding or other matter within the 

scope of its regular powers and duties commenced by an office, 

department or agency by which such powers and duties were here- 

tofore exercised. Any provision in any law, rule, regulation, 

contract, grant or other document relating to such a formerly 

existing office, department or agency, shall, so far as not 

inconsistent with the provisions of this chapter, apply to such 

office, department or agency provided for by this chapter. 

Section 80. Continuance of contracts and public improvements. 

All contracts entered into by the city, or for its benefit, 

prior to the application to such city of the Mayor - Council 

form of government, shall continue in full force and effect. 
Public improvements for which legislative steps have been taken 

under laws existing at the time of the organization under the 

Mayor - Council form of government may be carried to completion 

as nearly as practicable in accordance with the provisions of 

such existing laws. 

lB 

 



  

Section 81. Pending actions and proceedings. No action or pro- 
ceedings, civil or criminal, pending at the time of the organiza- 
tion under the Mayor - Council form of government, brought by 
or against the city or any office, department or agency or officer 
thereof, shall be affected or abated by the change to the Mayor - 
Council form of government or by anything contained in this 

chapter; but all such actions or proceedings may be continued 

notwithstanding that functions, powers and duties of any office, 

department or agency or officer party thereto may by or under 

this chapter be assigned or transferred to another office, 

department or agency or officer, but in that event the same 

may be prosecuted or defended by the head of the office, de- 

partment or agency to which such functions, powers and duties 

have been assigned or transferred by or under this chapter. 

Section 82. Pension and Relief Funds. All laws and parts of 

laws relating to Pensions or retirement and relief funds for 
policemen, firemen and other employees of the city, contained 

in the general or local laws of the State or in Title 62 of 
the Code of Alabama, as amended, as the same may apply and be 

in effect with respect to the City of Mobile at the time when 

such city shall become governed by the provisions of this 

chapter, shall continue in full force and effect, and without 

interruption or change as to any rights which have been ac- 

quired thereunder. 

Section 83. Park, playground and fairground authority. All 

laws and parts of laws relating to establishment of an authority 
for fairgrounds, parks, exhibits, exhibitions and other in- 
stallations, facilities and places for the amusement, enter- 

tainment, recreation and cultural development of the citizens 

of a city, and for the powers, authority, mode of financing and 
conduct of the same, contained in the general or local laws of 

lly 

 



  

   A | 4 

the State or in Title 62 of the Code of Alabama, as amended, as 

the same may apply and be in effect with respect to any city 

at the time when such city shall become organized under the 

provisions of this chapter, shall continue in full force and 

effect, and without interruption or change as to the estab- 

lishment or conduct of any authority created thereunder, after 

application of the Mayor - Council form of government to such 

city. 

Section 84. Continuance of ordinances. and resolutions. All 

ordinances and resolutions of the city in effect at the time 

of this court's decree dated the 21st day of October, 1976, 

as last amended, and the Mayor - Council form of government 

herein set up becomes effective shall continue in effect unless 

and until changed or repealed by the council. 

ARTICLE VIII 
  

GENERAL PROVISIONS 
  

Section 85. Removal of officers and employees. Subject to the 

provisions of any civil service or merit system applicable to 

the city, any officer or employee to whom the mayor, or a head 

of any office, department or agency, may appoint a successor, 

may be removed by the mayor or other appointing officer at any 

time, and the decision of the mayor, or other appointing officer 

shall be subject to appeals therefrom, if any, provided by 

applicable law. 

Section 86. Right of mayor and other officers in council. 

The mayor, the heads of all departments, and such other officers 

of the city as may be designated by the council, shall be entitled 

to attend meetings of the council, but shall have no vote therein, 

the mayor shall have the right to take part in the discussion 

45... 

 



    

of all matters coming before the council, and the directors 

and other officers shall be entitled to take part in all 

discussions of the council relating to their respective 

offices, departments or agencies. 

Section 87. Investigations by council or mayor. The council, 

the mayor, or any person or committee authorized by either 

of them, shall have power to inquire into the conduct of any 

office, department, agency or officer of the city and to make 

investigations as to municipal affairs, and for that purpose 

may subpoena witnesses, administer oaths, and compel the produc- 

tion of books, papers and other evidence. 

Section 88. Contracts extending beyond one year. No contract 

involving the payment of money out of the appropriation of 

more than one year shall be made for a period of more than 

five years, nor shall any such contract be valid unless made 

or approved by resolution or ordinance. 

Section 89. Employees not to be privately interested in city's 

contracts. No city employee shall be interested, directly or 

indirectly, in any contract for work or material, or the profits 

thereof, or services to be furnished or performed for the city. 

The mayor and councilmen shall recuse themselves from any and 

all official acts or duties in which they have an interest, 

directly or indirectly, in any contract for work or material, 

or the profits thereof, or services to be furnished or performed 

for the city. 

Section 90. Official Bonds. The director of finance, and such 

other officers or employees as the council may by general ordi- 

nance require so to do, shall give bond in such amount with such 

surety as may be approved by the council. The premiums on such 

bonds shall be paid by the city. 

Rey 

 



  

   

Section 91. Oath of Office. Every officer of the city shall, 

before entering upon the duties of his office, take and sub- 

scribe to the following oath or affirmation, to be filed and 

kept in the office of the city clerk: 

"I solemnly swear (or affirm) that I will support 

the Constitution and will obey the laws of the United States 

and of the State of Alabama, and that I will, in all respects, 

observe the provision of the ordinances of the City of Mobile, 

and will faithfully discharge the duties of the office of 

14} 

  

Section 92. Reapportionment. Whenever there shall be a change 

in the population in any of the nine districts heretofore estab- 

lished, evidenced by a federal census of population published 

following a decennial federal census hereafter taken beginning 

in 1990, there shall be a reapportionment of the council dis- 

tricts in the manner hereinafter provided. 

(1) The mayor shall within six months after the pub- 

lication of the 1990 federal census, and each decennial federal 

census thereafter of the population of the city, file with the 

council a report containing a recommended plan for the reappor- 

tionment of the council district boundaries to comply with the 

following specifications: 

(a) Each district shall be formed of contiguous 

and to the extent reasonably possible, compact territory, and 

its boundary lines shall be the centerlines of streets or other 

well defined boundaries. 

(b) Each district shall contain as nearly as is 

reasonable the same population. 

(2) The report shall include a map and description of 

the districts recommended and shall be drafted as a proposed 

ordinance and considered by the council as other ordinances are 

considered. Once filed with the clerk, the report shall be 

HF Ay a 

 



  

   9 

treated as an ordinance introduced by a council member. 

(3) The council shall enact a redistricting ordinance 

within six months after receiving such report. If the council 

fails to enact the redistricting ordinance within the said six 

months, the redistricting plan submitted by the mayor shall 

become effective without enactment by the council, as if it 

were a duly enacted ordinance. 

(4) Such redistricting ordinance shall not apply 

to any regular or special election held within six months after 

its becoming effected. No incumbent councilman or member of 

the board or commission shall be deprived of his unexpired 

term of office’/because of such redistricting. 

 



gn * » 

  

IN THE UNITED STATES DISTRICT COURT FOR THE U. S. DISTRICT COURT 
SOUTHERN DISTRICT OF ALABAMA SOU. DIST. ALA. 

SOUTHERN DIVISION FILED IN CLERK'S OFFICE 

NOV 3 1976 

WILEY BOLDEN, et al., 
WILLIAM J. O'CONNOR 

Plaintiffs, CLERK 
CIVIL ACTION 

VS. 

NO. 75-297-P 
CITY OF MOBILE, et al., 

Defendants. 

PLAINTIFFS' PLAN H 

Pursuant to the instructions of this Court plaintiffs 

herein submit a plan for nine districts in the City of Mobile 

and a ward breakdown showing the number of black citizens 

residing in each ward according to the 1970 Census. 

The black population figures used in this plan and 

listed in the ward summary are total black population figures 
aE from 1970 Census data 

recently calculated by Mr. Still and Mr. Menefee/, as the Court 

requested. They should be distinguished from the "weighted" 

black population figures set out in plaintiffs' earlier sub- 

missions, which are based on black voter age percentages. 

This plan has a deviation of three precent. It involves 

five changes in the present ward structure. Only one of these 

changes would require the creation of a new ward so as to 

maintain the present house and senate districts. Of course, 

the election officials might desire to create additional 

wards for their own or the voters' convenience. 

Ward 33-99-1 is split into east and west wards. The dividing   

line starts at the south of Stanton, north to Costarides, west 

of Summerville, north to Andrews, east to the ward line: 

East 868 Population 848 blacks 
West 11,841 p 11,841 H 

The voters in the eastern area could be assigned to vote in 

MW-33-99-2. 

APPENDIX B 

 



  

LT AR . ( ) 

Ward 35-103-1 is split into east and west wards. The dividing 
  

line starts at the west, east on Davis Avenue to Kennedy, south 

to the ward line: 

East 7,098 Population 7,056 blacks 
West 1,848 h 1,845 h 

This requires the creation of a new ward in the western section 

since shifting those voters into the adjoining MW-33-99-3 

would cross a house and senate line. 

Ward 35-103-3 is split north and south. Begin on the north at 
  

Broad Street, south to Elmira, east to Dearborn Street, south 

to New Jersey, east to Warren Street, north to Delaware, east 

to Interstate 10, south to Virginia Street, east to the Mobile 

Bay: 

North 3,818 Population 3,367 blacks 
South 5,085 2,801 4 

The voters in the northern area could be assigned to vote in 

MW-35-103-2. 

Ward 34-100-3 is split by a line beginning on the ast at 01d 
  

Shell Road, west to East Drive, south to North Shenandoah, 

west to East Cumberland, south to Ridgefield Road, south on 

Ridgefield to the ward line: 

Southeast 772 Population 0 blacks 
Northwest 6,235 n 1,567 n 

The voters in the southeastern area could be assigned to vote 

in MW-34-100-2. 

Ward 35-104-2 is split into a '"'Brookley ward" and a west ward. 
  

The Brookley ward is bounded on the north by the ward boundary; 

on the west by Eslava Creek and Dog River; on the south by Old 

Military Road, Dauphin Island Parkway, Rosedale Road, the 

Brookley Boundary, and Perimeter Road; on the East by Mobile 

 



  

Bay: 

The voters in the western area could be assigned to vote in 

Brookley 
West 

MW-35-104-3. 

Description of Districts 
  

1,426 Population 
2,088 mn 

28 blacks 
249 re 

    

District Ward ~ Population Black 

33-98-1 9,438 6,065 
33-99-1-W 11,841 11,841 

21.77% 17,906 

2 33-99-1-E 868 848 
33-99-2 8,664 8,505 
33-99-3 4,510 4,483 
34-102-2 4,896 173 
35-103-1-W 1,848 1,845 

20,786 , 

3 33-99-4 5,536 5,521 
35-103-1-E 7,098 7.056 
35-103-2 4,672 2.170 
35-103-3-N 3,818 3.367 

4 35-103-3-S 5,085 2.801 
34-102-3 4,244 56 
34-102-4 2,704 4 
34-102-6 5,280 234 
34-102-7 3.872 2,915 

21,185 6,070 

5 35-103-4 11,419 4,331 
35-104-1 8,091 512 
35-104~2-Brookley © 1,426 -- J 28 

6 35-104-2-W 2,088 249 
35-104-3 8,416 571 
35-104-4 6,029 52 
35-104-5 4,767 87 

21,294 959 

7 34-100-1 3,122 169 
34-100-2 2,078 164 
34-101-4 5.833 0 
34-101-5 5,664 193 
34-101-6 3,489 0 
34-100-3-SE Tur i2 0 

20,958 526 

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Description of Districts (continued) 

® 

  

  

  
  

  

  

  
    

  

District “Ward ~ Population Black 

8 34-102-5 6,914 0 
34-102-1 4,793 1,093 
34-101-2 4,196 154 
34-101-3 5.520 85 

71,273 1.337 

9 34-101-1 7-310 9 
34-100-3-NW 6,235 1,567 
34-100-4 7,760 19 

21,305 1,595 

Analysis 

District Population 7% of Optimum #Black 7Black 

1 2v.279 100.7 17,906 84 
2 20,786 98.4 15,854 76 
3 21,124 100.0 18,114 86 
4 21,185 100.3 6,070 29 
5 20,936 99.0 4,871 23 
6 21,294 100.7 959 5 
7 20,958 09.3 526 3 
8 21,423 101.4 1.332 6 
9 21,305 100.1 1,595 7 

Range 637 3.0 

Ward Population 

MW Population #Black 

33-98-1 9,438 6,065 
33-99-1 12,709 12,689 
33-99-2 8,664 8,505 
33-99-3 4,510 4,483 
33-99-4 5.536 3,521 
34-100-1 3,122 169 
34-100-2 2,078 164 
34-100-3 7,007 1,567 
34-100-4 7,760 19 
34-101-1 7,310 9 
34-101-2 4,196 154 
34-101-3 5,520 85 
34-101-4 5.333 1 
34-101-5 5,664 ] 193 
34-101-6 3,489 ] 
34-102-1 4,793 1,093 
34-102-2 4,896 173 
34-102-3 4,244 56 
34-102-4 2,704 4 
34-102-5 6,914 0 
34-102-6 5,280 234 
34-102-7 3,372 2,975 
35-103-1 8,946 8,901 
35-103-2 4,672 2.170 
35-103-3 8,903 6,168 
35-103-4 11,419 4.331 
35-104-1 8,091 512 

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Ward Population (continued) 
  

  

  
  

MW be? Population #Black 

35-104-2 3,514 277 
35-104-3 8,410 571 

35-104-4 6,029 52 

35-104-5 ly, 767 87 
190,290 87,227 

Exhibit A hereto shows the proposed district boundaries 

of Plan H on a city map. 

Respectfully submitted this 2nd day of November, 1976. 

CRAWFORD, BLACKSHER, FIGURES & BROWN 
1407 DAVIS AVENUE 
MOBILE, ALABAMA 36603 

By: A olwchontns = 
U. BLACKSHER 

SAE MENEFEE 

  

EDWARD STILL, ESQUIRE 
SUITE 601 - TITLE BUILDING 
2030 THIRD AVENUE NORTH 
BIRMINGHAM, ALABAMA 35203 

JACK GREENBERG, ESQUIRE 
CHARLES WILLIAMS, ESQUIRE 
SUITE 2030 
10 COLUMBUS CIRCLE 
NEW YORK, N. Y. 10019 

Attorneys for Plaintiffs 

CERTIFICATE OF SERVICE 
  

I do hereby certify that on this the 2nd day of November, 

1976, I served a copy of the foregoing PLAINTIFFS' PLAN H 

upon counsel of record, Charles Arendall, Esquire, David Bagwell, 

Esquire, Post Office Box 123, Mobile, AL 36601, depositing 

same in United States Mall, postage prepaid. G4 “2 Aa i 

  

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