has been elected and is in office, a justice of the peace or police magistrate in any city or village annexed or merged, the incumbent thereof shall hold and continue in said office at the salary under which he was elected and exercised his functions and jurisdiction of police magistrate over the territory embraced for justice of the peace or police magistrate purposes, within the city or village at the time of such annexation or merger until the expiration of the term for which he was elected.

Sec. 4. Fine-penalties, etc.-effect of merger.-All taxes, assessments, fines, license fees, claims and demands of every kind due or to become due or owing to any city or village thus annexed or merged with any metropolitan city, shall be paid to and collected by the metropolitan city.

Sec. 5. Taxes and assessments.-All taxes or special assessments which any city or village so annexed or merged was authorized to levy or assess, but which are not levied or assessed at the time of such annexation or merger for any kind of public improvements made by it or in process of construction or contracted for, may be levied or assessed by such metropolitan city as consolidated. And such metropolitan city shall have the power to re-assess all special assessments or taxes levied or assessed by any such city or village thus consolidated with it in all cases where any city or village was authorized to make re-assessments or relevies of such taxes or assessments.

Sec. 6. Licenses, etc.-Where, at the time of any such annexation or merger, the municipal license year, for any kind of license, of any city or village so consolidated with the metropolitan city, extends beyond or overlaps the municipal license year of the metropolitan city, then the proper authorities of the metropolitan city are hereby authorized to issue to the lawful holder of any yearly license, issued by any such city or village annexed or merged with the metropolitan city, or to any new applicants applying for license to continue the business at the place covered by such expiring city or village license, a new license under such conditions as may be provided in the laws or ordinances governing the metropolitan city for the remainder of the metropolitan city license year, extending from the expiration of such city or village license, up to the end of the metropolitan city license. year, and charging and collecting therefor only such portion of the yearly amount fixed for any such license by the laws or

Ch. 206)

Annexation, Merger

495

ordinances governing the metropolitan city as will represent proportionately the time for which the new license shall be granted.

Sec. 7. Acts at law-effect on.-All actions in law or in equity pending in any court in favor of or against any city or village thus annexed or merged with the metropolitan city at the time such annexation or merger takes effect, shall be prosecuted by or defended by such metropolitan city as the case may be, and all rights of action existing against any city or village consolidated with such metropolitan city, at the time of such consolidation, or accruing thereafter on account of any transaction had with or under any law or ordinance of such city or village, may be prosecuted against such metropolitan city as existing after annexation or merger.

Sec. 8. Effect on offices-records-books.-All officers of any city or village so annexed or merged with the metropolitan city, having books, papers, records, bonds, funds, effects or property of any kind in their hands or under their control belonging to any such city or village, shall, upon the taking effect of suc consolidation, deliver the same to the respective officers of t metropolitan city as may be by law or ordinance or resolution of such metropolitan city entitled or authorized to receive the same; and upon such annexation and merger taking effect, the terms and tenure of all offices and officers of any city or village so consolidated with the metropolitan city, shall terminate and entirely cease except as herein otherwise provided.

Sec. 9. Power-continuation.-Any rights, powers or authority acquired, granted or received or possessed by any person, city or village through consolidation effectuated under the terms of Chapter 212 of the Session Laws of 1915, are hereby granted and continued.

Sec. 10. Repeal.-That Section 4069 of the Revised Statutes of Nebraska for 1913, as amended by Chapter 75 of the Session Laws of Nebraska for 1915, and Sections 4072, 4073, 4074, 4075, 4076, 4077 and 4078 of the Revised Statutes of Nebraska for 1913 and Chapter 212 of the Session Laws of Nebraska for 1915, being Senate File No. 2 of said Session, be and the same are hereby repealed.

Sec. 11. Emergency. Whereas, an emergency exists, this

Act shall become operative and be in force from and after its approval.

Approved, March 24, 1917.

CHAPTER 207.

(Senate File No. 191.)

[Introduced by Messrs. Chappell, Hager and Tanner, by request.] AN ACT to authorize all cities and villages of the state of Nebraska having less than twenty-five thousand inhabitants to provide for the general care, management, improvement and beautifying and welfare of cemeteries belonging to such cities or villages, for the levy of a tax to defray the expenses thereof, and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Municipal corporations cemetery board-terms. -That the mayor of any city having less than twenty-five thousand inhabitants, by and with the consent of the council or a majority thereof, and the chairman of the board of trustees of any village, by and with the consent of the village board or a majority thereof, may appoint a board of six members, to be known as "Cemetery Board," from among the citizens at large of such city or village, who shall serve without pay, of which board neither the mayor nor any member of the council, nor the chairman nor any member of the village board of trustees may be members, who shall have entire control and management of any cemetery belonging to such city or village. At the time of establishing said "Cemetery Board" two members shall be appointed for a term of one year, two for a term of two years, and two for a term of three years, and thereafter two members shall be appointed each year for a term of three years. Vacancies in the membership of the board shall be filled in like manner as regular members of the board are appointed.

Sec. 2. Cemetery tax. The mayor and council, or the chairman and board of trustees, for the purpose of defraying the cost of the care, management, improvement, beautifying and welfare of such cemeteries may each year make and levy a tax not exceeding five mills on the dollar valuation on all property

Ch. 207, 208)

City Managers Plan

497

within such city or village subject to taxation for general purposes, which shall be collected and paid to the city or village as taxes for general purposes are collected and paid to the city or village. All taxes collected for this purpose shall constitute and be known as the Cemetery Fund, and shall be used for the general care, management, improvement, beautifying and welfare of such cemeteries. Warrants upon this fund shall be drawn by the Cemetery Board and shall be paid by the city or village treasurer.

Sec. 3. Employes.-The members of the Cemetery Board may select such officers from among their own number as they may deem necessary and shall have the power and authority to employ such labor and assistants as they may deem necessary from persons not belonging to said board.

Sec. 4. Act accumulative.-The provisions of this act shall be in addition to any other powers or authority granted by other provisions of statute to such cities or villages concerning cemeteries.

Sec. 5. Emergency. Whereas, an emergency exists, this act shall be in force and take effect from and after its passage and approval as provided by law.

Approved, April 20, 1917.

CHAPTER 208.

(Senate File No. 288.)

[Introduced by Mr. McMullen.]

AN ACT to provide an optional plan of government for municipalities, known as the City Manager Plan, and to permit the adoption thereof by popular vote in all cities having not less than one thousand or more than 100,000 inhabitants.

Be it Enacted by the People of the State of Nebraska:

Section 1. City managers-definitions.-The term "City" as used in this act, unless otherwise expressly provided, includes any city having one thousand or more inhabitants.

Sec. 2. Population how ascertained. For the purpose of this act, the population of a city shall be the number of inhabitants as ascertained by the last state census or United States census, which ever shall be later.

Sec. 3. Existing laws retained. The charter and all general laws governing any city shall continue in full force and effect, except that insofar as any provisions thereof are inconsistent with this act, the same shall be superseded in any city upon the taking effect of this act therein.

Sec. 4. Same.-All valid ordinances, resolutions, orders or other regulations of a city, or any authorized body or official thereof, existing at the same time this act becomes applicable to the city, and not inconsistent with its provisions, shall continue in full force and effect until amended, repealed, or otherwise superseded.

Sec. 5. Existing liabilities.-Nothing in this act shall be construed to in any way impair or affect any duty or liability now imposed by law upon a city. The adoption by a city of the provisions of this act shall not affect any action or proceeding duly begun by or against the city, and pending at the time of the adoption of such plan.

ARTICLE II-ADOPTION AND ABANDONMENT OF PLAN

Sec. 6. Adoption of city manager plan of government.Whenever electors of any city, equal in number to twenty per centum of those who voted at the last regular city election, shall file a petition with the city clerk, asking that the question of organizing the city under the plan of government provided in this act or the question of abandoning this plan of government be submitted to the electors thereof, said clerk shall at once certify that fact to the council of the city, and the council shall, within thirty days, provide for submitting such question at a special election to be held not less than sixty nor more than ninety days after the filing of such petition. Any such election shall be conducted in accordance with the general election laws of the state except as otherwise provided in this act.

Sec. 7. Same-election. The proposition to adopt, or to abandon the plan of government provided in this act, shall not be submitted to the electors of any city later than sixty days