Incorporation, Mode of; Election for.

municipal election, there shall be elected the following officers, who shall compose the city council for such cities, and who shall hold office for two years and until their successors are elected and qualified, and who may exercise the legislative functions of city government and any other powers and duties which are, or may be, vested by law in the city council or its members: A president of the city council; and, in cities having seven wards or less, two aldermen from each ward, to be elected by the qualified electors of the several wards voting separately in every ward; in cities having more than seven wards, one alderman from each ward and a sufficient number of aldermen from the city at large to make the total number of aldermen fourteen, exclusive of the president of the council; and in cities having fifty thousand inhabitants or more, the city coun- . cil may create not exceeding twenty wards. The governing body as now organized of any city of more than thirty-five thousand population, according to the last federal census, desiring a different organization of the legislative department of the city government than the above, to be effective at the expiration of its present organization, as provided in section 1047 of this Code, may, within thirty days after the 13th day of August, 1907, by ordinance, elect to have the following legislative officers of this city: A president of the council, to be elected at each biennial municipal election by the qualified voters of the city, and two aldermen from each ward, to be elected by the qualified electors of the respective wards. One alderman from each ward to be elected biennially. The terms of such aldermen to be four years, or until their successors are elected and qualified. Such governing body shall have full power and authority to provide for the organization of the council under this provision, including the election of long and short-term aldermen at the general municipal election in 1908, if that be necessary. Provided, however, that the aldermen of each city taking advantage of this provision shall serve until the general municipal election nearest the expiration of their terms and until their successors are elected and qualified. Vacancies in the office of aldermen shall be filled by the council at the next regular meeting or any subsequent regular meeting of the council, the person so elected to hold for the unexpired term.

790, § 16.

1065. Qualifications of officers.-The council shall judge of Aug. 13, the qualifications and election of the mayor, the president of 1907, P. the council, and of each alderman, and such other officers as may be elected by the people, and the resolutions and ordinances that may be adopted by the city council, under this section, shall not be subject to the approval or disapproval of the mayor. Whenever the population of any city exceeds fifty

Incorporation, Mode of; Election for.

thousand, the council may increase the number of wards and aldermen therefor, a ward for every four thousand population over fifty thousand.

1066. Cities of six thousand inhabitants; officers, terms of.— In cities having a population of more than six thousand, there shall be elected by the council, at its first regular meeting or as soon thereafter as practicable, a city treasurer, a city clerk, who shall be residents of such cities, and a city attorney, who shall hold office until the next general election and until their successors are elected and qualified, and such council may elect an auditor, a recorder, and any officers whose election is required by ordinance and except as otherwise provided, the council shall have authority to fix the terms of office; prescribe their duties; and fix the salaries of the officers; provided, that such council may, by a two-thirds vote of the members elected, by and with the consent of the mayor, consolidate two or more of the offices, and may abolish any such offices, the term of office of no incumbent to be diminished.

1067. Cities of less than six thousand inhabitants; officers; terms of office.-In cities having a population of less than six thousand and in towns, the council shall elect a clerk, and may elect a recorder, and fix their salary and term of office, and may determine by ordinance the other officers of such city or town, their salary, the manner of their election, and the term of office, but there shall be no recorder in towns.

1068. Mayor, when elected; no vote. In all cities and towns, at the general election to be held on the third Monday in September, 1908, and biennially thereafter, there shall be elected a mayor, who, in cities having a population of six thousand or more, shall not sit with the council nor have a vote in its proceedings, and he shall have the power and duties herein conferred. In cities having a population of less than six thousand, and in towns, the legislative functions shall be exercised by the mayor and five aldermen; the mayor shall sit with and preside over the deliberations of the council and cast a deciding vote in case of a tie; the aldermen in such municipalities shall be elected by the city or town at large at the first general election, on the third Monday in September, 1908, and biennially thereafter, they shall be elected by the city or town at large, or from wards, as the said councils may determine not less than six months before an election.

1069. Mayor and council; qualifications; eligibility of.— Every mayor, councilman, and officer elected by the whole electorate of the city or town, shall be a resident and qualified elector of the city or town in which he shall have been elected, and shall reside within the limits of the city or town during his term of office. The councilmen shall be qualified electors of

Limits, Annexation and Boundaries of Municipalities; Extension of. said city or town residing within the limits of the ward from which they shall have been elected, and shall reside within the limits of said ward during the term of his office.

ARTICLE 3.

LIMITS, ANNEXATION AND BOUNDARIES OF MUNICIPALITIES; EXTENSION OF.

1907, p.

1070. Mode and process of extending limits and boundaries. Aug. 13, -Any town or city may, from time to time, extend its corporate limits in the manner set forth herein, but the provisions of this chapter shall not preclude any city from extending its corporate limits in any other way or manner that may be authorized by law.

1071. Election for extending boundaries, and "annexation." Ib. -Whenever the council shall pass a resolution to the effect that the public health or public good requires that certain territory, describing it, shall be brought within the limits of the city or town: (1) It shall be the duty of the mayor to certify a copy of such resolution to the judge of probate of the county in which the land is situated proposed to be annexed and said certified resolution shall have attached thereto a plat or map of the said territory, which certified resolution and plat or map shall be filed by the judge of probate. (2) Within ten days from the date of the filing of such resolution, the judge of probate must make and enter an order upon the minutes of said court, directing and ordering an election to be held by the qualified electors residing within the territory described, not less than twenty days nor more than forty days from the date of the making of the order. The said judge shall give notice of the holding of such election by publication in a newspaper published within the city or town whose limits are proposed to be extended if a newspaper is published therein, and if no newspaper is published in said municipality, then by posting notices at three public places in such municipality, which notice shall state the day on which such election is to be held, the voting place or places, the boundaries within which voters must reside to vote at the respective voting places, which must be within the territory proposed to be brought into the city, or town, and such notice must give a description of the territory proposed to be annexed, and must

Limits, Annexation and Boundaries of Municipalities; Extension of. state that a map of such territory is on file in the office of the judge of probate of said county, open to the inspection of the public. (3) The judge of probate may designate as many places within the territory proposed to be annexed as he may deem necessary for the convenience of the voters and must designate the boundaries within which the voters must reside to vote at the respective voting places, and shall appoint three inspectors of election and one returning officer for each voting place, which inspectors shall manage the election at the respective voting places at which they are appointed as inspectors. (4) Each qualified elector who has resided within the boundaries of the territory proposed to be brought into the city or town for three months next preceding the election, may vote at such election, but must vote at the voting place designated by the judge of probate for voters in the territory in which he resides. (5) The election to determine whether or not the proposed territory shall be brought within such corporate limits must be conducted in all respects as provided by the general election laws, and under the same sanction and penalties, except as changed by the provisions hereof, and except that an official ballot need not be provided. (6) Each voter may furnish his own ballot with the following words written or printed thereon, "For Annexation," if he desires to vote in favor of annexing the territory to the city, or "Against Annexation," if he desires to vote against annexing the territory to the city or town. It shall not be necessary for the ballot to be of any particular size, form, or color. (7) The inspectors at the respective voting places must, as soon as the polls are closed, ascertain and certify the results of the election, at their respective voting places, to the judge of probate, and deliver the same to the returning officer, who must at once return the same to the judge of probate, and the judge of probate must canvass the return as made by the inspectors, and if it appears that a majority of the votes cast at the election were "For Annexation," the judge shall make and enter an order on the records of the probate court adjudg ing and decreeing the corporate limits of the city or town to be extended so as to embrace the territory described in the resolution and designated on the plat or map attached to the resolution, and must cause the certified resolution and the map and all orders or decrees or judgments to be recorded in the records in his office, and from the time of the entry of such order such territory shall be a part of and within the corporate limits of the city or town. If it appears that a majority of the votes cast at the election are "Against Annexation," the judge of probate shall make and enter an order on the records of the court adjudging and decreeing that

Limits, Annexation and Boundaries of Municipalities; Extension of. majority of the votes at such election were cast against coming into the corporate limits of the city or town, and that the territory described and designated in the resolution and plat or map attached shall not form a part of or be embraced in the city or town until it may thereafter be brought into the city or town as a part thereof. (8) The result of such election may be contested by any qualified elector voting at the election under the same provisions as are provided by general law for contesting the election of justice of the peace, making the city or town the contestee. The city or town at whose instance the election is held shall pay all cost and expense incident to the election. (9) The plat or map filed with the certified copy of the resolution, as required herein, shall show the boundary of the territory proposed to be taken into the city, or town, which territory must be contiguous to the boundary of the city, or town, at some point, and such territory may extend to or around the boundary line of any other city or town, but is not to embrace any territory within the corporate limits of another municipality.

All territory brought within the corporate limits of a city or town under the provisions of this article, shall be subject to its laws and ordinances and the council shall have and exercise the same jurisdictions over such territory as is exercised over the other territory within the corporate limits of the city or town.

The council may create new wards or may enlarge the wards so as to embrace all the territory brought within the corporate limits of the city or town, so as to afford opportunity to all persons entitled to vote at elections in the city or town to vote thereat.

The probate judge shall be entitled to the same fees for his services performed under the provisions hereof as he is authorized by law to charge and collect for similar services rendered by him, and all other officers shall be entitled to the same compensation for services rendered by them as they are authorized by law to charge and collect for similar services rendered by them, and the city at whose instance the service is performed under the provisions hereof shall pay all cost and expense thereof except in the case of a contest as herein provided.

790, § 23.

1072. Subsequent extension of limits.-Any city or town Aug. 18, having extended its corporate limits under the provisions of 1907, p. this article or other law may again extend its corporate limits hereunder or under any other law authorizing an extension of corporate limits by such city or town.

In every proceeding to extend the corporate limits of any city or town under the provisions hereof, the council of such