ADOPTION OF MAYOR-COUNCIL FORM OF GOVERNMENT; ELECTION AND TERM OF FIRST COUNCIL

Montgomery City Code pt. App. A, ch. 1, art. I

in effect

Montgomery City Code, App. A, ch. 1, art. I, § 1.01 Cities to which act applies.

Sec. 1.01. - Cities to which act applies. Any city in the State of Alabama which has a population of more than 70,000 and not exceeding 125,000 according to the last federal census, or which may hereafter have such population according to any federal census that may be taken hereafter, may adopt the mayor-council form of government by proceeding in the manner hereinafter in this act provided.

Montgomery City Code, App. A, ch. 1, art. I, § 1.02 Petition for election.

Sec. 1.02. - Petition for election. The filing of a petition signed by ten percent or more of the qualified electors of such city, asking that the proposition of the adoption of the mayor-council form of government for such city be submitted to the qualified voters thereof, with the judge of probate of the county in which such city is located, shall mandatorily require an election to be held as herein provided. Whenever such a petition purporting to be signed by at least ten percent of the qualified voters of such city shall be presented to such judge of probate, he shall examine such petition and determine whether or not the same is signed by at least ten percent of the qualified voters of such city, and if such petition is signed by the requisite number of voters to require such an election, he shall within 15 days from the receipt of such petition certify such fact to the governing body of the city for which such election is so petitioned, and the certificate of the judge of probate as to the sufficiency of said petition shall be final.

Montgomery City Code, App. A, ch. 1, art. I, § 1.03 Call of election by governing body.

Sec. 1.03. - Call of election by governing body. The governing body of the city shall immediately upon receipt of such certificate from the probate judge, by order, submit the question of the adoption of the mayor-council form of government for such city, under this act, at a special election to be held at a time specified in such proclamation, not less than 40 days and not more than 60 days after the receipt of said certificate from said probate judge, unless a general or regular election is to be held within 90 days after receipt of such certificate, in which event the special election herein provided for shall be held at the same time as such general or regular election. Should the election not be called by orders of the governing body of the city within ten days after receipt of such certificate, the judge of probate shall call such election by order at a time specified therein but not less than 40 days and not more than 60 days after the receipt by the governing body of the said certificate of the probate judge.

Montgomery City Code, App. A, ch. 1, art. I, § 1.04 Second election not called within two years.

Sec. 1.04. - Second election not called within two years. If the mayor-council form of government is not adopted at the special election so called, the question of adopting such form of government shall not be re-submitted to the voters of such city for adoption within two years thereafter, and then the question of adopting said form of government may be re-submitted in the manner above provided.

Montgomery City Code, App. A, ch. 1, art. I, § 1.05 Proposition submitted; form of ballot.

Sec. 1.05. - Proposition submitted; form of ballot. At such election the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for any other office or question, and shall read as follows: "Shall the Mayor-Council form of government, as provided by the Mayor-Council Act of 1973, be adopted for the City of ___________? "Yes ___________ "No ___________" The voter shall mark his ballot with a cross mark before or after the word which expresses his choice. The voter shall express his choice as to one form of government only and no ballot shall be legal which is marked for more than one choice. No other proposition shall be submitted to the voters of such city upon this ballot. If voting machines are used at any voting place in such election, the above proposition may at the discretion of the election commission or other body or official having charge of the conduct of municipal elections in such city, be submitted as a separate proposition on voting machines so used.

Montgomery City Code, App. A, ch. 1, art. I, § 1.06 Conduct, canvassing and declaration of result of election.

Sec. 1.06. - Conduct, canvassing and declaration of result of election. The election thereupon shall be conducted, the vote canvassed and the result declared in the same manner as provided by law in respect to other city elections in such city, and only qualified electors of such city shall vote thereat. If the majority of the votes shall be "yes" or in favor of such proposition, the provisions of this act shall thereby be adopted for such city, and the election commission or other canvassing board or official shall transmit to the governor, to the secretary of state, to the judge of probate of the county, and to the chief executive officer of the city, a certificate stating that such proposition was adopted by such city. If at any such election no proposition received a majority of all votes cast at such election then a second election shall be held on the same day two weeks later at which election only the two propositions receiving the highest number of votes at the first election shall be placed on the ballot. Such second election shall be conducted, the votes canvassed, the result declared and certificates transmitted as provided herein for the first election.

Montgomery City Code, App. A, ch. 1, art. I, § 1.07 Election of first council and first mayor; term of office.

Sec. 1.07. - Election of first council and first mayor; term of office. Upon the adoption of such form of government, the probate judge with whom the petition was filed shall call an election to be governed by this act, to be held no later than the first Tuesday in September preceding the expiration of the term of office of the members of the city governing body serving when the mayor-council form of government prescribed in this act is adopted, the expense thereof to be paid by such city, for the election by the qualified voters of such city of nine councilmen, said councilmen to be known as district councilmen, and a mayor. Candidates shall qualify as provided in section 3.02 hereof and shall have the qualifications and eligibility set forth in sections 3.03 and 3.04 hereof. Each voter in the election may cast one vote for a candidate from his district. Any district councilman candidate receiving a majority of the total votes cast from the district in which he is a candidate shall be elected as a district councilman from his district. In the event that nine candidates should fail to receive such a majority then and in that event those candidates for the council receiving a majority shall be elected, and another election shall be held upon the same day of the week two 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 each place upon the council to be filled in such second election; and these candidates shall be the ones who receive the highest number of votes but who were not elected at the first election. The candidate or candidates for the council receiving the highest number of votes cast in the second election shall be elected, so that in the first and second elections only nine councilmen shall be elected. The councilmen so elected shall take office on the first Monday in October following the election. Each councilman shall hold office for four years, but shall serve until his successor shall have qualified. A councilman may succeed himself in office. The candidate for mayor receiving 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 election 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 two 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 each candidate shall be the two who received the highest number of votes for said office at the first election. Notwithstanding any notice requirements of any other statute or statutes concerning municipal elections, a notice published by the probate judge, with whom the certificate of adoption was filed at any time not less than 20 days prior to said selection, shall be deemed sufficient notice of said election. Said notice shall, in substance, state the month, day and year of said election and the purpose for which it is called. Said notice shall further recite that the city has been divided into districts as provided under this act and state where a copy of the district division is on file. Said notice shall be published not less than one time in a newspaper published in the city, and if no newspaper is published in the city, then by posting notices in three public places within the municipality. The election of the first council shall, except as otherwise provided herein as to the call and notice of said election, the date or dates of elections and run off elections, the qualification of the candidates and other matters specifically declared to be to the contrary in this act, be held and conducted, in the same manner as provided by law in respect to municipal elections in cities of this state which have a population of its size according to the latest federal decennial census for cities not organized under a commission form of government. All municipal officers of the city shall have the same duties and responsibilities as they have with respect to municipal elections. The call of said election by the probate judge shall be sufficient to require any municipal officer or officers to comply with their duties and responsibilities with regard to all municipal elections, including the designation of places of voting, appointment of election, officers and other matters concerning the elections. Said officer or officers shall issue any orders necessary to cause all election requirements to be met. The districts from which the nine district councilmen shall be elected shall be, as near as practicable, of equal population according to the last federal decennial census. The first election of councilmen under this act shall be from the initial council districts as specifically described and set forth in appendix one hereof [not published].

Montgomery City Code, App. A, ch. 1, art. I, § 1.08 The council.

Sec. 1.08. - The council. The councilmen provided for in this section shall be known collectively as the Council of the City of ___________ (Name of said city to be inserted) 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 second Monday following the date the election of all nine councilmen is completed, and thereupon such city shall at that time and thereby be and become organized under the mayor-council form of government provided under this act and shall thereafter be governed by the provisions of this act.

Source: City of Montgomery, Alabama, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/al/montgomery/codes/code_of_ordinances?nodeId=APXALOAC_CH1ACNO6181973P.879MAUNFOGO_ARTIADMAUNFOGOELTEFICOFetched: 11/8/2026