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or that he is incompetent, or neglects any of his duties as mayor, or that for any other good and sufficient cause stated he should be removed from his office as mayor, or whenever the mayor shall make and file with the clerk of said court the proper charges and specifications against any councilman or other officer mentioned in this act, alleging and showing that he is guilty of malfeasance or misfeasance in such office, or that he is incompetent, or neglects any of his duties, or that for any good and sufficient cause stated, he should be removed from his office, the judge of such court may issue the proper writ, requiring such officer to appear before him, on a day therein named, not more than ten days after the service of such writ, together with a copy of such charges and specifications, upon such officer, to show cause why he should not be removed from his office. The proceedings in such case shall take precedence of all civil causes and be conducted according to the rules of such court in such cases made and provided, and such officer

may be suspended from the duties of his office during the pendency of such proceedings by order of said court.

66

Act repealed.

SEC. 173. That an act entitled "An act to incorporate cities of the first class, and regulating their duties, powers, and government,” approved March 1, 1881, and all acts amendatory thereof, and all acts or parts of acts or laws in conflict herewith, be and the same are hereby repealed.

SEC. 174. Whereas, an emergency exists for the

Emergency clause.

passage of this act, therefore this act shall take effect and be in force from and after its passage.

Approved March 30, 1887.

CHAPTER 11.

CITIES OF THE FIRST CLASS.

Section.

1. Cities of the first class. 2. Population. 3. How organized. 4. Corporate limits. 5. Contiguous property. 6. Additions. 7. Corporate name. 8. Rights reserved. 9. Powers. 10. Wards. 11. Precinct lines. 12. Elections—when held. 13. Election of officers. 14. Appointive officers. 15. Elector's qualification. 16. Council meetings. 17. Salaries. 18. Same. 19. Officers, who qualified. 20. Mayor's powers and duties. 21. Same, veto.

Section. 35. Streets, care of. 36. Markets. 37. Appropriations. 38. Claims. 39. Taxes, levy. 40. Equalization. 41. Tax list correction. 42. Taxes, delinquent, 43. Tax warrant. 44. Treasurer, power of. 45. Same. 46. Taxes, property liable. 47. Same, ordinances for col

lecting 48. Same, paid. 49. Same, realty, sale of. 50. Tax liens. 51. Same, irregularities. 52. Same, re-levy, irregularities. 53. Same, county treasurer. 54. Treasurer's books. 55, Warrants. 56. Public moneys; removal of

the treasurer. 57. Treasurer, annual report. 58. Same, diversion. 59. Same, special funds. 60. Fiscal year. 61. Appropriation bill, annual. 62. Same, estimates. 63. Money, how expended. 64. Power to contract. 65. Contracts, officers not to be

interested in.

22. Message. 23. Vacancy.

24. May remit fines. 25. Clerk, duties of. 26. Treasurer, duties of. 27. Attorney, duties of. 28. Engineer, duties of. 29. Same. 30. Marshal, duties of. 31. Street commissioner. 32. Emoluments of officers. 33. Accounts of officers. 34. Contract, resolutions.

Section. 66. Ordinances, rules for pass

ing. 67, Ordinances, style. 68. Ordinance, powers. 69. Street improvements, con

tracts for. 70. Street intersections. 71. Special taxes, when due. 72. Proceedings of officers

warrants. 73. Apportionment for assess

ments. 74. Completion and accept

ance of work. 75. Special sewer assessments. 76. Railways, use of streets,

liability. 77. Special assessments. 78. Elective board of public

works. 79. Poll tax. 80. Finances; published state

ment.
81. Witnesses.
82. County jail.
83. Bonds for sewers and water-

works.
85. Same, waterworks.
86. Same contracts.

Section.

87. Bonds, interest.
88. Water commissioner.
89. Same, duties.
90. Council, mayor, eligibility.
91. Tax for sewerage and water

works. 92. Liquors, license. 93. Payment of taxes. 94. Printer's fees. 95. Special engineer. 96. Police judge, jurisdiction. 97. Same, powers, duties. 98. Same, appeal.. 99. Same, error. 100. Same, complaints. 101. Fines and penalties. 102. Trial. 103. Recognizance. 104. Same, breach. 105. Witnesses. 106. Trial by jury. 107. Judgment. 108. Discharge. 109. Proceedings. 110. Continuance. 111. Challenges. 112. Punishment. 113. Working prisoner. 114. Vacancies in office.

AN ACT to incorporate cities of the first class having less than

sixty thousand inbabitants, and regulating their duties, powers, and government.

Be it enacted by the Legislature of the State of Ne

braska: SECTION 1.-Cities of First Class.—That all cities having less than sixty thousand (60,000) and more than twenty-five thousand (25,000) inhabitants shall be governed by the provisions of this act, and be known as cities of the first class having less than sixty thousand (60,000) inhabitants.

Sec. 2.—Population.—Whenever any city of the second class shall have attained a population of more than twenty-five thousand (25,000) inhabitants, and such fact shall have been duly ascertained and certified to the governor by the mayor of such city, attested by the seal thereof, he shall declare by public proclamation such city to be a city of the first class having less than sixty thousand (60,000) inhabitants, and subject to the provisions of this act.

Sec. 3.—How Orgånized.—The government of such city shall continue in authority from the date of such proclamation until the reorganization under this act. The

The mayor and council shall divide the city into not less than six wards, to take effect at the next annual municipal election.

SEC. 4.-Corporate Limits. The corporate limits of such city shall remain as theretofore, and the mayor and council may, by ordinance, include therein all the territory contiguous or adjacent, which has been by the act, authority, or acquiescence of the owners subdivided into parcels containing not more than five acres, and the mayor and council shall have power, by ordinance, to compel cancer Anas the owners of lands so brought within the corpo-to be laid out. rate limits to lay out streets, ways, and alleys to conform and be continuous with the streets, ways, and alleys of such city (or otherwise as shall appear most for the convenience of the inhabitants of such city and the public, and they may vacate May vacate any public road heretofore established through such such land), when necessary to secure regularity in the general system of its public ways.

council may

treets

.

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Map.

Sec. 5.—Contiguous Property.—Land shall be deemed contiguous to such city, notwithstanding any stream or embankment, or any strip or parcel of land not more than two hundred (200) feet in width may lie between such land and the corporate limits of such city.

Sec. 6.—Additions. The proprietor or proprietors of any land within the corporate limits of any city of the first class, or contiguous to the same, may lay out said land into lots, blocks, streets, avenues, and alleys, and other grounds under the same name of . . . addition to the city of ...,

. ., and shall cause an accurate map or plat thereof to be made out designating explicitly the land so laid out and particularly describing the lots, blocks, streets, avenues, and alleys, and other grounds belonging to such addition; the lots must be designated by numbers, and the streets, avenues, and other grounds by name or numbers, and such plat

shall be acknowledged before some officer authorAcknowledg. ized to take the acknowledgment of deeds, and

have appended a survey, made by some competent. surveyor, that he has accurately surveyed such addition and that the lots, blocks, streets, avenues, alleys, parks, commons, and other grounds are well and accurately staked off and marked, and when

such map or plat is so made out, acknowledged, and Approval by certified, and after being approved by the mayor

and council the same shall be filed and recorded in the office of the county clerk of the county, and thereupon such plat shall be equivalent to a deed in fee simple to said city from the proprietor of all

ment.

mayor and
council.
Filed with
county clerk.

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