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CHAPTER 12a.-CITIES OF THE METROPOLITAN CLASS.

736 SECTION 1. [Metropolitan cities.] That all cities in the state of Nebraska, now having a population of eighty thousand inhabitants, or more, shall be considered and known as cities of the metropolitan class and shall be governed by the provisions of this act. [1887, chap. 9. Amended 1889, chap. 13; 1893, chap. 3, §1.1

737 SEC. 2. [Population-Proclamation.] Whenever any city shall hereafter have attained a population of eighty thousand 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. [Amended 1893, chap. 3, § 2.]

738 SEC. 3. [Corporate limits.] 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 square miles, including any township or village organization within such limits, which organization shall thereupon cease and terminate, and after said corporate limits have been so fixed and determined, the same shall not be changed until the population of such city shall have increased at least twenty thousand, 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 of each of said cities, by ordinance passed by the mayor and council of each of said cities. [Amended 1889, chap. 13.]

739 SEC. 4. [Name-Service of process.] The corporate name of each city, organized under or governed by this act, shall be "The city of ....

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and all and 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.

740 SEC. 5. [Saving clause.] 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.

741 SEC. 6. [General 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 to make such order respecting the same as CHAP. 12. An act entitled, "An act incorporating metropolitan cities and defining, regulating, and prescribing their duties, powers, and government." Passed and took effect March 30, 1887. Laws, 1887, chap. 9. SEC. 3. City cannot extend its limits over city of second class. It can take in village within the 25 mile limit 31 Neb., 378.

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.

742 SEC. 7. [Wards.] Each city governed by this act shall be divided into wards, not less than six or exceeding ten in number, the boundaries of which shall be defined by ordinance. Said wards shall be equal in population as near as may be.

743 SEC. 8. [Election districts.] 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.

744 SEC. 9. [Precincts.] 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.

745 SEC. 10. [Elections-Polls.] At all elections authorized by this act, the polls shall be opened at such place in each election district as may be designated by the mayor, or 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 nine dollars ($9), one-third of such sum to be paid by the city, one-third to be paid by the county, and one-third to be paid by the board of education. 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 four dollars ($4), 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. [Amended 1893, chap. 3. § 3.]

746 SEC. 11. [Election-Officers.] The general city election in all cities governed by this act shall be held on the Tuesday succeeding the first Monday in November, 1891, and every two years thereafter, except as otherwise hereinafter specified. Such elections shall be held at the same place as are general elections for state and county officials occurring in such years. The officers to be elected at such elections shall be a mayor, police judge, city clerk, treasurer and comptroller. They shall each and all be elected by a plurality of all votes cast at said elections for such officials, and shall when properly qualified, hold office or the term herein designated, commencing on the first Tuesday in January succeeding said election, or until their successors shall be elected and qualified. The terms, powers or authority of any official herein named elected at any city election held in December, shall not be affected or prejudiced by reason of the fixing of the date of holding city elections, as herein specified. [Amended 1891, chap. 7.]

747 SEC. 12. Council.] The council of each city governed by this act shall consist of one member for each ward and an equal number from the city. Each councilman before entering upon the duties of his office, shall be required to give a bond to the city, with two or more good and sufficient sureties, who shall each justify that he

is worth at least five thousand ($5,000) dollars in real estate in such city, over and above all debts, liabilities, and exemptions. Such bond shall be in the sum of five thousand ($5,000) dollars and shall be conditioned for the faithful discharge of the duties of the councilman giving the same, and shall be further conditioned that if said councilman shall vote for any expenditure or appropriation of money, or the creation of any liability in excess of the amount allowed by law, that such councilman and the sureties signing said bond shall be liable thereon. Said bond shall be filed with and approved by the mayor. [Amended 1891, chap. 7.]

748 SEC. 13. [Council.] In cities of the metropolitan class now existing or hereafter created, the qualified voters of such city at the general election to be held in 1887, and at the general election to be held in 1891, and every two years thereafter shall, by a plurality of all votes cast for such officials, elect a number of Councilmen equal to the number of wards in said city, who shall be known and designated as councilmen at large and who shall hold office for the term of two years from the first Tuesday in January following said election or until their successors are elected and qualified. At an election which shall be held in 1892 and every two years thereafter and in the manner herein designated, there shall also be elected one councilman from each ward who shall be designated ward councilman; they shall each hold office for the period of two years from the first Tuesday in January succeeding such election. Whenever by reason of an increase of wards in such city, or by reason of being proclaimed a city of said metropolitan class, any ward shall be without representation, it shall be lawful and proper at the next succeeding general city election, or at a special election the call for and holding of which is hereby authorized, to elect ward councilmen for such wards, and also to elect a number of councilmen at large equal to the number of new or additional wards created. The terms of such ward councilmen and councilmen at large, shall be so stated and adjusted as to correspond with the terms of councilmen of the same class elected in 1892 and succeeding years as hereinabove designated. The councilmen at large and the ward councilmen shall constitute the city council, and no member shall be eligible to more than two consecutive terms. Ward councilmen shall be residents of the wards from which they may be elected. All councilmen's terms of office shall commence on the first Tuesday in January after their election, except such councilmen as may be elected at the special election herein authorized, whose terms shall commence immediately after the result of such election shall be declared. On said first Tuesday the councilmen shall assemble together and organize the city council. The terms, powers and authority of any official herein named elected at any city election held in December shall not be affected or prejudiced by reason of the fixing the date of holding city elections as herein specified. [Amended 1891, chap. 7.] 749 SEC. 14. [Electors-Canvass.] The qualification of electors in the several wards shall be the same as is required for electors in precincts under the laws of the state. A meeting of the council shall be held the first Monday 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, and a neglect of any 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. 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.

750 SEC. 15. [Powers of council-Ordinances.] The mayor and council of each city created or governed by this act, 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.

751 SEC. 16. [Elections.] 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 elective office of the city, also to provide for removing officers of the city for misconduct, incompetency, or for malfeasance in office. [Amended 1893, chap. 3, § 4.]

752 SEC. 17. [Offices.] The mayor and council shall have power to create any office, or employ any agent they may deem necessary for the government and best interest of the city, and to prescribe and regulate the duties, powers, and compensation of all officers, agents, and servants of the city not herein provided for. But all such agents, officers, and servants employed or appointed under this act, so far as practical, must be qualified voters of said city. [Amended 1889, chap. 13.]

753 SEC. 18. [Bonds.] The mayor and council shall have power to require of all officers or servants elected or appointed in pursuance of this act, to give bond and security for the faithful performance of their duties. No officer shall become security upon the official bond of another, or upon any bond executed to the city.

754 SEC. 19. [Reports.] The mayor and council shall have power to require from any officer of the city at any time, a report in detail of the transactions in his office, or any matter connected therewith.

755 SEC. 20. [Public peace.] The mayor and council shall have power to provide for the punishment of persons disturbing the peace and good order of the city by clamor and noise, by intoxication, drunkenness, fighting, or using obscene or profane language in the streets or other public places, or otherwise violating the public peace by indecent and disorderly conduct, or by lewd and lascivious behavior.

756 SEC. 21. [Disorderly conduct.] The mayor and council shall have power to provide for the punishment of vagrants, tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pick-pockets, gamblers, burglars, thieves, watch stuffers, ball game players, persons who practice any game, trick, or device with intent to swindle, persons who abuse their families, and suspicious persons who can give no reasonable account of themselves.

757 SEC. 22. [Disorderly houses, gaming.] The mayor and council shall have power to restrain, prohibit, and suppress tippling shops, houses of prostitution, opium joints, or dens, gambling houses, prize fighting, dog fighting, cock fighting, and other disorderly houses and practices, all games and gambling and desecration of the Sabbath (commonly called Sunday), and all kinds of indecencies; also, to regulate and license or prohibit the keeping and use of billiard tables, ten pin or ball alleys, shooting galleries, and other similar places of amusements, and to prohibit and suppress by ordinance all lotteries and gift enterprises of all kinds under whatsoever name carried on.

758 SEC. 23. [Police-Penalties.] The mayor and council shall have power to make and enforce all police regulations for the good government, general welfare, health, safety, and security of the city and the citizens thereof, in addition to the police powers expressly granted herein, and in the exercise of the police power may pass all needful and proper ordinances; and shall have power to impose fines, forfeitures, penalties, and imprisonment at hard labor for the violation of any ordinance, and to provide for the recovery, collection and enforcement thereof, and in de

SEC. 23. Legislature cannot under guise of police regulation arbitrarily invade property or personal rights. 42 Neb., 5.

fault of payment, to provide for the confinement in the city or county prison, workhouse, or other place of confinement with or without hard labor as may be provided by ordinance. [Amended 1891, chap. 7.]

759 SEC. 24. [Fast driving-Animals at large.] The mayor and council shall have power to prevent horse racing and immoderate driving or riding in the streets, and to compel persons to fasten their horses or other animals attached to vehicles while standing in the street.

760 SEC. 25. [Travelers.] The mayor and council shall have power to adopt all such measures as they may deem necessary for the accommodation and protection of strangers and the traveling public in person and property.

761 SEC. 26. [Weapons-Fireworks.] The mayor and council shall have power to punish and prevent the carrying of concealed weapons, the discharge of firearms or fireworks of any description in any of the streets, alleys, or public grounds, on, about, or in the vicinity of buildings.

762 Sec. 27. [Unwholesome substances.] The mayor and council shall have power to prevent any person or persons from bringing, depositing, having, or leaving upon or near his premises or elsewhere within the city, any putrid or diseased carcass, or any putrid, diseased, or unsound beef, pork, poultry, fish, hides, or skins of any kind, or any other unwholesome substance, and to compel the removal of the same at the expense of such person or persons.

763 SEC. 28. [Streets in additions.] No owner of real estate within the incorporate limits of such city shall have the right, or be permitted to subdivide said real estate into blocks and lots or parcels, without first having obtained from the city engineer a plat or plan for the avenues, streets, and alleys, to be laid out within or across the same, and such plat or plan of the avenues, streets, and alleys shall be made so that such avenues, streets, and alleys, as far as practicable, shall correspond in width, name, and direction and be continuous of the avenues, streets, and alleys in the city contiguous to or near the real estate to be subdivided as aforesaid, and the mayor and council shall have power to compel the owner of such real estate, in subdividing the same, to lay out and dedicate to the public the avenues, streets, and alleys to be within or across such real estate in accordance with said plat or plan, and shall further have the power to prohibit the selling or offering for sale any lots or parts of such real estate not subdivided and platted as herein required. Any and all additions to be made to the city shall be made so far as the same relates to the avenues, streets, and alleys therein, under and in accordance with the foregoing provisions. [Amended 1889, chap. 13.]

764 SEc. 29. [Grades.] The mayor and council shall have power to require any and all lots or pieces of ground within the city, to be drained, filled, or graded, so as to prevent stagnant water, banks of earth, or any other nuisance accumulating or existing thereon; and upon the failure of the owners of such lots or pieces of ground to fill, drain, or grade the same when so required, the council may cause such lots or pieces of ground to be drained, filled, or graded, and the cost and expense thereof, shall be levied upon the property so filled, drained, or graded, and collected as other special taxes.

765 SEC. 30. [Board of health.] In each city of the metropolitan class, there shall be a board of health, to consist of the mayor, who shall be chairman; the commissioner of health, who shall be secretary, and who shall be the city physician of said city; the chief of police, the plumbing inspector, and two members of the city council, who are chairmen of committees relating to streets and alleys and sewers respectively; a majority of said board shall constitute a quorum. Said commis

SEC. 27. Cities may contract for removal of garbage, etc. 42 Neb., 5.
SEC. 30. Appointment and removal of commissioners. 35 Neb., 322.

Cited 42 Id., 223.

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