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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 inhabitants 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now in force and not repugnant to the provisions of this act shall remain and continue in force until altered or repealed by the mayor and council.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.

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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; Providel, 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 oneannually 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.]

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 asseut 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. 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 henever 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

> one thousand ($1,000) dollars per annum; inspector of meats and live stock, seventy (870) dollars per month; chairman of the board of public works, twelve hundred ($1,200) dollars per annum, and the other two members of said board, two hundred ($200) dollars per annum. The foregoing to be construed as limitations and not fixed salaries. All other officers and employes of the city, except police judge, shall receive such compensation as the mayor and councilmen shall fix by ordinance at the time of their employment. Providing, however, That if any officer absent himself from the city for the period of sixty days or more he shall forfeit his salary during such absence, and if absent for ninety days his office may be declared vacant by the mayor and three-fourths of all the members of the council. The emoluments of no officer, whose election or appointment is required by this act, shall be increased or diminished during the term for which he was elected or appointed, and no person who shall have resigned or vacated any office, shall be eligible to the same or any appointive office during the time for which he was elected or appointed. No one shall be appointed an inspector or other public officer who has not been qualified by practical experience in the particular line of industry that requires his attention and constitutes the duties of his office, [Amended 1891, chap. 8, § 4.]

SEC. 18. Police Judge. The compensation of the police judge shall be fif teen hundred (1,500) dollars per annum, to be retained out of the fees collected by him, for his services. Provided, This shall not include any sums he may receive for his services as an examining magistrate, and in cases under the statutes. He shall keep in a suitable book, to be provided by the city, an accurate account of all fees and costs by him collected in cases for violation of city ordinances.

SEC. 19. Officers-Who Qualified.-All officers shall be qualified electors of the city, entitled to vote at all elections therein.

SEC. 20. Mayor's Powers and Duties.-The mayor shall preside at all meetings of the city council, and shall have a casting vote when the council is equally divided, except as is otherwise herein provided, and none other, and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and the provisions of this act are complied with, and may administer oaths, and shall sign the commissions and appointments of all the officers appointed in the city.

SEC. 21. Same-Veto-The mayor shall have the power to sign or veto any ordinance passed by the city council, and to sign or veto any order, by-law, resolution, award of, or vote to enter into any contract, or the allowance of any claim; provided, that any ordinance, order, by-law, resolution, award, or vote to enter into any contract, or the allowance of any claim, vetoed by the mayor, may be passed over his veto by a vote of two-thirds of all the members elected to the council notwithstanding his veto, and should the mayor neglect or refuse to sign any ordinance or resolution and return the same with his objection in writing, at the next regular meeting of the council, the same shall become a law without his signature. Provided, That the mayor may veto any item or items of any appropriation bill, and approve the remainder thereof, and the item or items so vetoed may be passed by the council over his veto as in other cases.

SEC. 22. Message. He shall, from time to time, communicate to the city council such information and recommend such measures as, in his opinion, may tend to the improvement of the finances of the city, the police, health, comfort, and general prosperity of the city, and shall have such jurisdiction as may be vested in him by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of health or quarantine ordinance, and regulation thereof, and shall have jurisdiction in all matters vested in him by ordinance, excepting taxation, within onehalf mile of the corporate limits of said clty.

SEC. 23. Vacancy.-In case of any vacancy in the office of mayor, or in case of his absence or disability, the president of the council shall exercise the powers and

SEC. 20. Presumption that mayor is present. 23 Neb. 382.

duties of the office of mayor until such vacancy shall be filled or such disability removed, or in case of temporary absence, until the mayor returns, and performs such other duties as may be required by law. The mayor may require any male inhabitant of the city between the ages of eighteen and fifty to aid in enforcing the laws.

SEC. 24. May Remit Fines.-The mayor shall have power, after conviction, to remit fines and forfeitures and to grant reprieves and pardons for all offenses under the ordinances of the city.

SEC. 25. Clerks-Duties of.-The city clerk shall have the custody of all laws and ordinances, and shall keep a correct journal of the proceedings of the council; he shall also keep a record of all outstanding bonds against the city, showing the number and amount of each, for what and to whom the said bonds were issued, and when any bonds were purchased, paid, or canceled, said record shall show the fact, and in his annual report he shall describe particularly the bonds issued and sold during the year, and the terms of sale, with each and every item of expense thereof; he shall also perform such other duties as may be required by the ordinances of the city. He shall also make, at the end of each month, a report showing the amount appropriated to each fund, and the whole amount of warrants drawn thereon, which shall be spread at large upon the minutes. And said clerk may, in case the council deem such assistance necessary, appoint a deputy, who shall give a bond as required of his principal and whose salary shall not exceed the sum of nine hundred ($900) per annum. [Amended 1891, chap. 8, § 5.]

SEC. 26. Treasurer-Duties of.-The treasurer shall be required to give bonds in not less than three hundred thousand ($300,000) dollars or he may be required to give bond in double the sum of money estimated by the council to be at any time in his hands, belonging to the city and school districts, and he shall be the custodian of all moneys belonging to the corporation; he shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto; he shall give every person paying money into the treasury a receipt therefor, specifying date of payment, and on what account paid; he shall also file copies of receipts, with his monthly reports; he shall, at the end of each and every month, and as often as may be required, render an account to the city council, under oath, showing the state of the treasury at the date of each account, the amount of money remaining in such fund, and the amount paid therefrom, and the balance of money in the treasury; he shall also accompany such accounts with a statement of all the receipts and disbursements, together with all warrants redeemed and paid by him, which said warrants, with any and all Vouchers held by him, shall be filed with his said account in the clerk's office, and if said treasurer neglect or fail for the space of thirty days from the end of any month to render his said acconut, his office may, by resolution of the mayor and council, be declared vacant, and the city council shall fill the vacancy by appointment until the next election for city officers. The treasurer may employ and appoint a deputy who shall be allowed a salary of not more than twelve hundred ($1,200) dollars per annum, and an assistant at not more than nine hundred ($500) dollars per annum, to be fixed by the council at the time of his employment, and the treasurer shall be liable upon his bond for the acts of such deputy. [Amended 1891, chap. 8, § 6.]

SEC. 27. Attorney-Duties of.-The city attorney shall be the legal adviser of the council and city officers; he shall commence, prosecute, and defend suits and actions commenced, prosecuted, or defended on behalf of the corporation, shall attend all meetings of the council and give them his opinion upon any matter submitted to him, either orally or in writing as may be required; Provided, That he shall not be required to prosecute complaints for offenses against the city ordinances in police court, except on the request of the mayor, council, or police judge. And provided further, that in case any citizen or citizens shall be of opinion that any civil liability, arising out of contract or otherwise, exists in behalf of the city, against any person, persons or incorporation, he or they may demand of the city attorney that he begin and prosecute an action against such person, persons or incorporation in the name of said city, for the enforcement of such liability or the recovery of any amount or property to which the city may in his or their opinion, be entitled by reason thereof, and if the said city attorney shall refuse to begin and prosecute such action, or shall neglect so to do for the term of one week after such demand, it shall be lawful for the citizen or citizens making such demand, to begin and prosecute such action in the name and upon the behalf and for the benefit of said city, upon filing, with the petition therein, an undertaking with one or more sureties, approved by the clerk of the court in which the action is brought, conditional for the payment of all the costs that may be incurred in said action, if the same shall be unsuccessful. But the city shall not in any event be liable or responsible for attorneys' or counsel fees incurred in the prosecution of any such action, and it shall be lawful for any citizen or citizens at their own expense and charge to associate any attorney or attorneys with the city attorney in the prosecution or defense of any action to which said city may be a party. [Amended 1891, chap. 8. § 7.] SEC. 28. Engineer-Duties of.-The city engineer shall make a record of the minutes of his surveys and of all work done for the city, including sewers and extensions of water system, and accurately make such plats, sections, profiles, maps, plans,

details and specifications as may be necessary in the prosecution of any public work. which shall be public records and belong to the city, and be turned over to his suc


SEC. 29. Same.-The city engineer shall make estimate of the cost of labor and materials which may be done or furnished by contract with the city, and make all surveys, estimates and calculations necessary to be made for the establishment of grades, building of culverts, sewers, waterworks, bridges, curbings and gutters, and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the council may require. Before the city council shall make any contract for building waterworks, or any part thereof, or any sewers, bridges, or work on the streets, or any other work or improvement to cost over two hundred dollars ($200), an estimate of the total cost thereof, together with detailed plans and specifications thereof, shall be made by the city engineer and submitted to the council, and if approved by the council such plans and specifications shall be returned to the city engineer and kept by him subject to public inspection, and the work and improvement shall be done substantially in accordance therewith, and no contract shall be entered into for any work or improve ment for a price exceeding such estimate, and in advertising for bids for any such work, the council shall cause the amount of such estimate to be published therewith. Such advertisements shall be at least ten days in some daily newspaper of general circulation, published in the city; Provided, That in case any such work or improvement is to be paid for by special tax or assessment, no contract shall be entered into until such work or improvement shall have been requested in writing by, and the plans and specifications thereof shall have been approved by the owners of a majority of the real estate proposed to be assessed with the cost thereof, and no material change shall be made in such plans and specifications, nor any change or changes which shall increase the cost of such work above said estimate, except with the consent of a majority of the owners of real estate to be taxed therefor expressed in writing. Such majority to be estimated according to front foot or square foot as the council may determine.

SEC. 30. Marshal -Duties of. The marshal shall have the immediate superintendence of the police, and the marshal and policemen shall have power, and it shall be their duty to arrest all offenders against the laws of the state or of the city, by day or by night, in the same manner as a sheriff or constable, and to keep them in the city prison, or other place, to prevent their escape until a trial or examination may be had before a proper officer, and shall have the same powers as sheriffs and constables in relation to all criminal matters, and all process issued by the police judge.

SEC. 31. Street commissioner.-The street commissioner shall, subject to the orders of the mayor and council, have general charge, direction and control of all work in the streets, sidewalks, culverts, and bridges of the city, except matters in charge of the board of public works, and shall perform such other duties as the council may require.

SEC. 32. Accounts of officers.-The mayor or council shall have power when he or they deem it necessary, to require any officer of the city to exhibit his accounts, or other papers, and to make reports to the council in writing, touching any subject or matter they may require pertaining to his office.

SEC. 33. Contract-Resolution.-On the passage or adoption of every resolution or order to enter into a contract, or accepting of work done under contract by the mayor, or council, the yeas and nays shall be called and recorded, and to pass or adopt any by-laws, ordinance or any such resolution, or order, a concurrence of a majority of the whole number of members elected to the council shall be required.

SEC. 34. Streets - Care of.-The mayor and council shall have the care, supervision, and control of all public highways, bridges, streets, alleys, public squares, and commons within the city, and shall cause the same to be kept open and in repair and free from nuisances.

SEC. 35. Markets.-The mayor and council shall have full power to prevent forestalling, to prohibit or regulate huckstering in the market, to prescribe the kind

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