and said bond shall have been approved by the state banking board, then the state banking board shall turn over all the assets of such bank to the officers, stockholders, or owners of such bank furnishing said bond.

clause.

Repealing SEC. 3. That said sections thirteen (13) and thirty five (35) of said Act, entitled as aforesaid, being sections thirteen (13) and thirty-five (35) of said chapter eight (8) entitled "Banks," Compiled Statutes of Nebraska, 1895, as heretofore existing, be and the same are hereby repealed.

CHAPTER 10.

(Senate File No. 15.)

[Introduced by Mr. Howell.]

AN ACT incorporating metropo itan cities and defining, prescribing, and regulating their duties, powers and government and to repeal an act entitled "An act incorporating metropolitan cities and defining, regulating and prescribing their duties, powers and government," approved March 30, 1887, and all acts amendatory thereof, being chapter 128 of the seventh edition of the Compiled Statutes of the state of Nebraska (edition of 1895) entitled "Cities of the Metropolitan Ciass."

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

Metropolitan

SECTION 1. All cities in the state of Nebraska now cities defined. having a population of eighty thousand (80,000) inhabitants, or more, shall be considered and known as cities of the metropolitan class, and shall be governed by the provisions of this act.

Present metropolitan cities remain the same.

SEC. 2. Whenever any city shall hereafter have attained a population of eighty thousand (80,000) inhabitants, or upwards, and such fact shall have been

ascertained by any national or state census, and shall be so certified to the governor by the mayor of such city, it shall thereupon be the duty of the governor by public proclamation to declare such city to be of the metropolitan class, and thereupon such city shall be subject to the provisions of this act. Provided, That any city heretofore organized under the provisions of existing laws as a city of the metropolitan class, shall be and remain a city of such class without further formality as to organization and shall be governed by the provisions of this act. Provided further, That the limits of any city of the Metropolitan Class as heretofore and now determined in accordance with existing law, shall be and remain the limits of such city until changed or altered in accordance with the terms of this act.

mayor and

SEC. 3. The corporate limits of any city of the metropolitan class shall be fixed and determined by the mayor and council of such city, by ordinance, within one year after the passage of this act or within one year after being proclaimed by the governor a city of such class, the said corporation limits to include an area not to exceed twenty-five (25) square miles, including any township or village organization within such limits, which Corporate organization shall thereupon cease and terminate, limits fixed by and after said corporate limits have been so fixed and council. determined, the same shall not be changed until the population of such city shall have increased at least twenty thousand (20,000), as shown by a state or national census, whereupon the mayor and council of any such city may extend said corporate limits such distance as may be deemed proper in any direction not exceeding one mile. Provided, that any city of the first or second class, or any incorporated city adjoining any city of the metropolitan class, may be included in and become a part of such city of the metropolitan class, upon proposition to be so attached and included being approved by a majority of the voters in each of the said cities voting on such proposition, upon such terms as may be stated in such proposition after being submitted to the voters to each of said cities by ordinance passed by the mayor and council of each of said cities.

SEC. 4. The corporate name of each city organized Corporate under or governed by this act, shall be "The City of name.

....," and all or every process or notice 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.

to this con

SEC. 5. No right of property accrued to any city, All ordinances corporation or person under any law heretofore in trepugnant force, shall be affected by this act, and all city ordi-tinue in force. nances 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.

SEC. 6. Each city governed by the provisions of City powers as this act shall be a body corporate and politic, and rate. 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 conducive to the interests of the city. Fourth-To make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate or administrative 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, except when otherwise specially provided. The mayor and council shall adopt and provide a corporate seal for the use of the city, and also any official seal for the use of any officer, board or agent of the city, whose duties under this act or under any ordinance require an official seal to be used. Said corporate seal shall be used in the execution of municipal bonds, warrants, conveyances and other instruments and proceedings, as this act or the ordinances of the city require.

City property SEC. 7. Lands, houses, moneys, debts due the city, exempljuds and property and assets of every description belong

ments, how paid.

ing to any city governed by this act, shall be exempt from taxation, execution and sale; judgments against said city shall be paid out of the judgment fund, or when a special fund is created for such purpose, out of such special fund.

Division into wards and elec

SEC. 8. Each city governed by this act shall be dition districts. vided into nine (9) wards, the boundaries of which shall be defined by ordinance. Said wards shall be equal in population as near as may be. In any city of the metropolitan class now existing which is already divided into nine (9) wards, such wards shall not be altered as to boundaries until after the first election provided for in this act; and the existing boundaries shall form the basis of such election. All election districts that are now established in such wards shall remain until changed, as provided in this act.

Mayor and council shall divide wards on petition.

SEC. 9. Whenever fifty or more legal voters of any ward in such city shall petition the mayor and city council thereof to divide such ward into two or more

polling or voting districts, and it shall be made to appear that said ward contains more than four hundred legal voters, the said mayor and city council, on presentation of said petition, shall by ordinance divide such ward into two or more election districts, and appoint judges and clerks of election for such, polling or voting districts, as now appointed for the elections held in the wards.

Precinct shall correspond with ward lines.

SEC. 10. Precinct lines in that part of the county embraced within the corporate limits of a city of the metropolitan class, shall correspond with the ward lines in such city, and such precincts shall correspond in number with the wards of the city and be co-extensive with the same; Provided, That when a ward is divided into two or more election districts, the precinct corresponding with such ward shall be divided so as to correspond with the election districts.

canvass of

SEC. 11. The qualifications of electors in the sev- Qualification 'eral wards shall be the same as is required for elec- of elector tors in precincts under the laws of the state. A meet. votes. ing of the council shall be held at eight (8) o'clock P. M., the first Thursday after each city election, at which meeting the returns shall be canvassed, and it shall cause the clerk to make out and deliver certificates of election to the persons found to be elected, within five days, and a neglect of any such officer to qualify within ten (10) 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. No person shall be eligible to any elective city office unless he is a qualified voter in the city at the time of his election.

SEC. 12. At all elections authorized by this act, Polls open; judges and the polls shall be opened at such place in each elec- clerks; duties and compention district as may be designated by the mayor or sation. as fixed by ordinance, and they shall be kept open between the hours specified by law for general, state and county elections and shall be conducted in accordance with the provisions of such law. At all general elections in cities of the metropolitan class the judges and clerks of such election shall each receive for their entire services at such elections the sum of three ($3.00) dollars. At all special elections in any such city the judges and clerks of such election shall each receive for their entire services at such election, the sum of three ($3.00) dollars, the same to be paid by the city, county or board of education submitting the proposition or propositions to be voted upon at such elections.

SEC. 13. The first city election in all cities gov- City elections erned by this act shall be held on the sixth Tuesday under this act. after this act goes into effect, and the next general city election on the first Tuesday in March A. D. 1900, and all succeeding general city elections every three years thereafter. Such elections shall be held at the same place as was the general election for state and county officials last preceding such city election. The officers to be elected at such election shall be a mayor, police judge, city clerk, treasurer, comptroller, tax commissioner and nine (9) councilmen; they shall each and all be elected by a plurality of all votes cast at said election for such officials respect

ively, and shall, when properly qualified, hold their offices for the Officers elected terms herein designated, viz: The terms of the of

and their terms.

ficers first elected shall commence on the third Monday succeeding their election, and they shall hold office until the third Monday in March A. D. 1900, and until their successors shall be elected and qualified, and all subsequently elected officers shall hold office for the term of three years, commencing on the third Monday succeeding their election, and shall hold their office until their successors she be elected and qualified, except as in this act otherwise provided.

City council; number and

SEC. 14. The city council shall consist of nine (9) qua ification. members, one from each ward, to be chosen by the qualified electors of the entire city by a plurality of votes. Each councilman must be an actual resident of the ward for which he is chosen.

Organization of SEC. 15. On the third Monday following the eleccouncil; president pro tem. tion the councilmen shall assemble and organize the council by electing one of their number president, whose duty it shall be to preside at all meetings of the council, and they shall elect one of their number temporary president, whose duty it shall be to preside in the absence of the president. The president, or temporary president, when occupying the office of mayor, shall have all the rights and privileges as other members of the council.

Duties and powers of mayor and council.

SEC. 16. The mayor and council shall have the care, management and control of the city, its property and finances, and shall have power to pass, amend or repeal any and all ordinances not repugnant to the constitution and laws of this state, necessary or proper to execute or carry into effect any of the provisions hereof, or any of the powers herein granted, except as otherwise herein provided.

Election and appointment of officers.

SEC. 17. The mayor and council shall have power to provide for the election of city officers and to prescribe the manner of conducting the same, and the returns thereof, and the registration of voters, and for deciding contested elections in any manner not in conflict with existing laws; also to provide for filling such vacancies as may occur in the office of councilman or other office of the city, except as herein otherwise provided; also to provide for removing all officers of the city, except as herein otherwise provided, for misconduct, incompetency, or for malfeasance in office in the discharge of any duty devolved on them by this act, when not otherwise provided herein.