CHAPTER 13.-CITIES OF THE FIRST CLASS.

SECTIONS 1-107. [Repealed by act providing for cities of metropolitan class, 1887, ch. 9, § 173.]

TAXES FOR SEWERS ALREADY CONSTRUCTED.

SEC. 108. [Sewer debt tax.]-That in cities of the first class the mayor and council shall levy a tax in each year in addition to all other taxes, in the manner provided by law for the levy of other taxes, of one and one-half mills on the dollar of the assessed valuation of all the taxable property in said city to pay all indebtedness heretofore incurred for the construction and maintenance of any main sewer or sewers or branches thereof and draw warrants therefor on the fund so provided for; Provided, That before any payment shall be made under the provisions of this act the value of said sewers shall be ascertained by the inspection and appraisement of three disinterested experts, who shall be appointed for that purpose, one of whom shall be selected by the mayor and council of such city, within. which such sewer or sewers may have been constructed, one by the contractors who constructed such sewer or sewers, and the third to be chosen by the two experts so selected, who shall first be sworn to make a true and impartial appraisement of the value of such sewer or sewers; upon actual inspection and measurement, and who shall return their appraisement in writing to the mayor of such city, and said appraisement being so returned, and said sewer or sewers accepted by said mayor and council, the same shall be paid with interest thereon at the rate provided by law when such indebtedness accrued; Provided, further, That in no case shall payment be made in excess of the contract price and interest thereon, from the date of such accrued indebtedness, under which such sewer or sewers may have been constructed. [1881, § 1, chap. 18.]

RATES OF TOLL.

SEC. 109. [Toll bridges.]-That the mayor and council in any city of the first class shall have power to license and regulate the keeping of toll bridges within or terminating within the city, for the passage of persons and property over any river passing wholly or in part within or running by and adjoining the corporate limits of any such city, to fix and determine the rates of toll over any such bridge, or over the part thereof within the city, and to authorize the owner or owners of any such bridge to charge and collect the rates of toll so fixed and determined, from all persons passing over or using the same. [1871, 26, G. S. 136.]

SEC. 108. "An act to provide for the levy of a tax in cities of the first class for the payment of sewers already constructed." Approved Feb. 28. Took effect June 1, 1881.

SEC. 109. "An act empowering the mayor and council in cities of the first class, to license and regulate the keeping of toll bridges; to fix the rates of toll, and to authorize the collection of the same." Laws 1871, 26, G. S. 136. Took effect Feb. 8, 1871. The signature of the governor does not appear in the enrolled act

CHAPTER 13 a.-CITIES OF THE FIRST CLASS.

ARTICLE I. CITIES OVER 25,000 INHABITANTS.

SECTION 1. Cities of first class.-That all cities having less than one hundred thousand (100,000) inhabitants, and more than twenty-five thousand inhabitants, shall be governed by the provisions of this act, and be known as cities of the first (1st) class. [1889, chap. 14. Amended 1891, chap 8, § 21.]

SEC. 2. Population.-Whenever a city of the second class shall have attained a population of more than twenty-five thousand (25,000) inhabitants and such fact shall have been duly certified to the Governor by the mayor of such city, attested by the seal thereof, he shall declare by public proclamation such city to be a city of the first class and subject to the provisions of this act.

SEC. 3. How organized.—The government of such city shall continue in authority from the date of such proclamation until the re-organization under this act. The mayor and council shall divide the city into not less than six wards, to take effect at the next annual municipal election.

SEC. 4. Corporate limits.-The corporate limits of such city shall remain as theretofore, and the mayor and council may by ordinance include therein all the territory contiguous or adjacent, which has been by the act, authority, or acquiescence of the owners subdivided into parcels containing not more than twenty acres, and the mayor and council shall have power, by ordinance, to compel the owners of lands so brought within the corporate limits to lay out streets, ways, and alleys to conform and be contiguous with the streets, ways, and alleys of such city (or otherwise as shall appear most for the convenience of the inhabitants of such city and the public), and they may vacate any public road heretofore established through such land when necessary to secure regularity in the general system of its public ways.

SEC. 5. Contiguous property.-Land shall be deemed contiguous to such city notwithstanding any stream or embankment, or any strip or parcel of land not more than two hundred (200) feet in width may lie between such land and the corporate limits of such city.

SEC. 6. Additions.-The proprietor or proprietors of any land within the corporate limits of any city of the first class, or contiguous to the same, may lay out said lands into lots, blocks, streets, avenues, and alleys, and other grounds under the name of - addition to the city of and shall cause an accurate map or plat thereof to be made out designating explicitly the lands so laid out, and particularly describing the lots, blocks, streets, avenues, and alleys, and grounds belonging to such addition; the lots must be designated by numbers, and the streets,avenues, and other grounds by name or numbers,and such plat shall be acknowledged before some officer authorized to take the acknowledgment of deeds, and have appended a certificate made by some competent surveyor, that he has accurately surveyed such addition and that the lots, blocks, streets, avenues, alleys, parks, commons, and other grounds are well and accurately staked off and marked, and when such map or plat is so made out, acknowledged, and certified, and after being approved by the mayor and council, the same shall be filed and recorded in the office of the county clerk of the county, and thereupon such plat shall be equivalent to a deed in fee simple to said city from the proprietor of all streets, avenues, alleys, public squares, parks, and commons, and of such portion of the land as is therein set apart for public and city use, or is dedicated to charitable, religious, or educational purposes, and all additions thus laid out shall remain a part of said city, and all additions now or hereafter laid out

CHAPTER 13 a. "An act to incorporate cities of the first class and regulating their duties, powers, govern. ment, and remedies." Passed and took effect Mar. 29, 1889. [Laws 1889, chap. 14.] This act takes the place of Chap. 13 a. as published in third edition of this compilation in 1887.

adjoining or contiguous to the said corporate limits shall be included in the same, and be and become thereupon a part of such city for all purposes whatsoever, and the inhab itants of such addition shall be entitled to all the rights and privileges, and subject to all the laws, ordinances, rules, and regulations of the city to which said land is an addition; Provided, the mayor and council shall have power by ordinance to compel the owners of any such addition to lay out streets, avenues, and alleys, so as to have the same correspond in width and direction, and be continuations of the streets, ways, and alleys in the city or additions thereto, contiguous to or near the proposed addition, and no addition shall have any validity, right or privilege as an addition unless the terms and conditions of such ordinance are complied with, and the plats thereof submitted to and approved by the mayor and council, and such approval endorsed thereon.

SEC. 7. Corporate name.-The corporate name of each city organized under or governed by this act shall be the city of and all process whatever, affecting any such city, shall be served upon the mayor, or acting mayor, or in the absence of both of said officers from the city, then upon the city clerk.

SEC. 8. Rights reserved.-No right of property accrued to any city, corporation, or person under any law heretofore in force, shall be affected by this act, and all city ordinances now in force and not repugnant to the provisions of this act shall remain and continue in force until altered or repealed by the mayor and council. When any such city or town shall be incorporated under the provisions of this act, all its said trusts, rights, and privileges shall be transmitted to and vested in such latter corporation, and all actions heretofore commenced by or against any city, or town which shall become a city, governed under the provisions of this act, shall be in no manner affected by this act, but all such actions shall be continued to final judgment and satisfaction as if this act had not been passed.

SEC. 9. Powers.-Each city governed by the provisions of this act shall be a body corporate and politic, and shall have powers: First.-To sue and be sued. Second. To purchase and hold real and personal property for the use of the city, and real estate sold for taxes. Third.-To sell and convey any real or personal estate owned by the city, and make such order respecting the same as may be deemed conducive to the interests of the city. Fourth.-To make all contracts and to do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate powers. Fifth. To exercise such other and further powers as may be conferred by law. The powers hereby granted shall be exercised by the mayor and council of such city as hereinafter set forth, but they shall not have power to sell any real. estate of the city unless authorized to do so by a vote of the majority of the electors of such city at a special election therefor.

SEC. 10. Wards. Each city governed by this act shall be divided into not less than six wards, as compact in form and equal in population as may be, and no ward shall contain less than six thousand (6,000) inhabitants, the boundaries of which shall be defined by ordinance. Each ward shall constitute an election district; Provided, that when any ward shall contain over five hundred (500) legal voters the mayor and council may divide such ward into two or more election districts. [Amended 1891, chap. 8, § 20.]

SEC. 11. Precinct lines.-Precinct lines in that part of any county not under township organization, embraced within the corporate limits of any city governed by this act, shall correspond with the ward lines in such city, and such precinct shall correspond in number with the ward of the city, and be co-extensive with the same; Provided, That when a ward is divided into election districts, the precinct corresponding with such ward shall be divided so as to correspond with the election district; And provided, further, That no justices of the peace or constable shall be elected in such precinct, and every such city shall constitute a district for the election of justices of the peace and constables, and in every such district there shall be elected two justices of the peace and two constables at the time provided by law for the election of such officers in other districts.

SEC. 12. Elections, when held.-The general city election in all cities governed by this act shall be held on the first Tuesday in April, annually; the polls shall be opened at such place in each election district as may be designated by the mayor or be fixed by ordinance, and shall be kept open between the hours of eight o'clock A.M. and seven o'clock P.M., and no longer. [Amended 1891, chap. 8, § 1.]

SEC. 13. (Election of officers.] -At the first annual election after such proclamation by the governor, a mayor, treasurer, clerk, water commissioner, city attorney, city engineer, and police judge shall be elected by a plurality of votes for the term of two years and biennially thereafter. In cities governed by the provisions of this act each ward shall elect from its residents two (2) councilmen for the term of one and two years respectively, and one annually thereafter for two years. In cities of this class now or hereafter subject to the provisions of this act whenever by reason of an increase of wards in such city, any ward shall be without representation it shall be lawful and proper at the next succeeding election to elect two councilmen for each of such wards for the term of one and two years respectively, and one councilman annually thereafter for two years. Officers whose terms are unexpired shall hold their offices for their unexpired terms, and elections shall be made as vacancies occur. There shall also be in each city governed by this act an excise board, consisting of the mayor, who shall be ex-officio member and the chairman thereof, and two members elected by the city at large, who shall hold their offices for two years. The terms of all elective officers shall commence on the Tuesday next after their election and continue until their successors are elected and qualified. Each councilman hereafter elected in any such city, before entering upon the duties of his office, shall be required to give a bond to said city in the sum of two thousand dollars with two or more good and sufficient sureties, residents of said city, who shall each justify that he is worth at least two thousand dollars over and above all debts, liabilities and exemptions; conditioned for the faithful discharge of the duties of the councilman giving the same, and further conditioned that if said councilman shall vote for any expenditure of money, or the creation of any liability in excess of the amount allowed by law, or shall vote for the transfer of any sum of money from one fund to another where such transfer is not allowed by law, that such councilman and the sureties signing said bond shall be liable thereon. [Amended 1891, chap. 8, § 2.1

SEC. 14. [Appointive officers.] -Chief of the fire department, and the inspector of meats and live stock, building inspector who shall be a person of practical experience in the erection and construction of buildings, and such other offices as may be provided for by this act, except the marshal and police, and not elective, may be appointed by the mayor, by and with the assent of the council. Any of such officers may be removed at any time by a vote of three-fourths of all the members of the council All confirmation of officers by the council shall be made viva voce, and the concurrence of a majority shall be required, and the vote by yeas and nays shall be recorded. The city marshal and such number of police as the excise and police board may authorize shall be appointed and may be removed by the excise board as hereinafter provided, and in case of emergency the mayor may appoint a necessary number of special police, who shall be removable at the pleasure of the mayor. [Amended 1891, chap. 8, §3.]

SEC. 14a. [Police matron.]-That in cities of twenty-five thousand or more inhabitants a woman shall be appointed by the mayor to the office of police matron, who shall have the care and custody of all women and children arrested in such cities. Such police matron shall be a member of the regular police staff under the same restrictions, and shall receive a salary of fifty ($50) dollars per month. [1893, chap. 4.]

SEC. 15. Electors, Qualification. The qualification of the electors in the several wards shall be the same as is required for the electors under the laws of the state, and they shall also have resided in the city three months and in the ward seven days. At a meeting of the council on the first Monday after any city election, the returns shall be canvassed, and they shall cause the clerk to make out and deliver certificates of election to the persons found to be elected, and a neglect of such officer to qualify within ten days after the delivery to him of such certificate shall be deemed a refusal to accept the office to which he may have been elected.

SEC. 16. Council Meetings.-Regular meetings of the council shall be held at such times as may be fixed by ordinance and special meetings whenever called by the mayor or any four councilmen. Two-thirds of all the members elected to the council shall constitute a quorum for the transaction of any business, but a less number may adjourn from time to time and compel the attendance of absent members.

SEC. 17. Salaries.-The salaries of all officers shall be fixed by ordinance, not exceeding the following sums per year, respectively: The mayor, one thousand ($1,000) dollars per annum: treasurer, three thousand ($3,000) dollars per annum; deputy treasurer twelve hundred ($1.200) dollars per annum; one assistant nine hundred ($900) dollars per annum; each councilman and member of the excise board except the mayor, three hundred ($300) dollars per annum; clerk, two thousand ($2,000) dollars per annum, including the making of the tax list; deputy city clerk twelve hundred ($1,200) dollars per annum; marshal one hundred ($100) dollars; captain of police, ninety ($90) dollars, and policemen, seventy ($70) dollars each per month; city engineer, eighteen hundred ($1,800) dollars per annum; street commissioner, seventy-five ($75) dollars per month; city attorney, fifteen hundred ($1,500) dollars per annum; deputy city attorney nine hundred ($900) dollars per annum; water commissioner

SEC. 14. Board has power to remove regular police. 34 Neb., 329.

SEC. 148. An act to provide for the appointment of a police matron in cities, and to repal any law inconsistent herewith." Laws 1893, chap. 4. Took effect Aug. 1, 1893.