CHAPTER XXXVII.-MUNICIPAL CORPORATIONS.

OMAHA CHARTER.-80,000 or OVER.

ARTICLE I.-METROPOLITAN CITIES.

Secs. 7450 to 7649-73. An act incorporating metropolitan cities and defining, prescribing, and regulating their duties, powers, and government and to repeal sections 7450 to 7649 inclusive of Cobbey's Annotated Statutes of Nebraska for the year 1903. Andersen's Omaha charter bill. H. R. 384; in force April 3, 1903.

1. Sections 7455, 7465, 7466, 7473, 7474, 7476, 7478, 7481, 7484, 7487, 7490, 7491, 7516, 7521, 7538, 7542, 7543, 7549, 7551, 7553, 7590, and 7603, were amended by the Dodge bill, H. R. 8, which went into force March 9 of 1905, but as they were repealed by this act they are not given in this publication.

2. Hon. W. T. Nelson of the Omaha bar, author of Nelson's Digest, prepared the annotations for this charter. I am also indebted to him for valuable suggestions in regard to its editing and publication.

7450 (1). Cities of metropolitan class.

3. In response to a strong demand from members of the Omaha bar I have inserted after my black-faced section number in ordinary type the section number of the original enrolled bill. The history note is omitted as in this case it only served to give the section number, no amendments having as yet been made to any section of this act. This plan is an experiment. If satisfactory it can be extended to other acts. If not satisfactory it can be eliminated in future editions.

All cities in the State of Nebraska heretofore incorporated as cities of the metropolitan class and all cities which shall attain a population of one hundred thousand (100,000) inhabitants, or more, shall be governed by the provisions of this act. Whenever any city shall hereafter attain a population of one hundred thousand (100,000) inhabitants or more, 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 one of the metropolitan class, and thereupon such city shall be subject to the provisions of this act.

1. The city of Omaha was incorporated under a special charter November 8, 1858. On February 8, 1869, it became incorporated under a general law incorporating cities of the first class. City of Omaha v. Olmstead, 5 Neb. 446. On March 28, 1873, it became incorporated under an act creating cities of the first class, but applicable to Omaha alone. On March 30, 1887, it became incorporated as a city of the metropolitan class. This act was repealed by

the act of March 15, 1897, creating a new charter.

2. A court will take judicial notice of the population of a city and of the general laws of the state under which it is incorporated. Union Pacific R. Co. v. Montgomery, 49 Neb. 429; 68 N. W. R. 619.

3. An act incorporating a city must be regarded as a whole and the city deriving the benefits thereof must perform all the

duties required by law. City of Omaha v. Olmstead, 5 Neb. 451.

4. An act conferring corporate powers of a general nature upon cities having a certain population is not void as special legislation, although at the time such charter could apply to but one city in the state. State v. Graham, 16 Neb. 74; 19 N. W. R. 470. State v. Stuht, 52 Neb. 209; 71 N. W. R. 941.

5. The charter of 1897 held valid, although the provisions relating to the police magistrate were void as attempting to

7451 (2). Corporate limits-Merger.

shorten a term of office fixed by the constitution. State v. Stuht, 52 Neb. 209; 71 N. W. R. 941.

6. The title to the charter of 1897 held to fairly indicate the scope and purpose of the act. State v. Stuht, 52 Neb. 209; 71 N. W. R. 941.

7. The fact that the act takes effect as to some officers on different dates is immaterial if the act became operative as an entirety on a fixed date. State v. Stuht, 52 Neb. 209; 71 N. W. R. 941.

The corporate limits of such cities may be fixed and determined by ordinance, but shall be and remain as heretofore until changed or altered in accordance with the provisions of this act or of a general law governing cities and towns. Any city, town or village adjoining any city of the metropolitan class may be annexed or merged with such city of the metropolitan class, whenever a proposition for such merger has been submitted at a general election and approved by a majority of the votes cast on such proposition in each city, town or village. The terms of such propositions shall be fixed by ordinance enacted by the city of the metropolitan class and by the city town or village to be annexed.

1. Sec. 3 of the charter of 1887 contemplated the annexation of the entire city or village and not a portion thereof.

City

7452 (3). Wards and election precincts.

of Omaha v. City of South Omaha, 31 Neb. 378; 47 N. W. R. 1113.

Each city governed by this act shall be divided in wards, the boundaries of which shall be defined by ordinance and shall be equal in population as near as may be. Each ward shall be divided into election precincts for the purpose of registration and election.

7453 (4). Ward boundaries-Election of councilmen.

Within sixty (60) days after the passage of this act the city council shall divide such city into twelve (12) wards and such election precincts as may be necessary. No further division or change of boundaries shall be made of said wards or election precincts unless ninety days or more prior to any general or city election. Councilmen from each of said wards shall be elected at the next election of city officers.

7454 (5). Election of city officers.

The mayor and council shall have power to provide för 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 the laws of the state or the provisions of this act.

7455 (6). First election-Term of office.

The first city election in all cities governed by this act shall be held on the first Tuesday in May 1906, and all succeeding general city elections every three years thereafter. The officers to be elected at such election shall be mayor, city attorney, building inspector, city clerk, comptroller and councilmen. They shall cach and all be elected by a plurality of all votes cast at said election for such officers respectively, and shall, when properly qualified, hold their offices for three years from the third Monday succeeding their election, and until their successors

shall be elected and qualified. Other officers shall be elected at such times and for such terms as may be provided by law.

7456 (7). Polls open-Qualification of electors-Returns.

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. The qualification of electors in each ward shall be the same as is required for electors in precincts under the laws of the state. All election returns shall be canvassed by the council at eight o'clock P. M. on the first Thursday after each city election. The city clerk shall deliver certificates of election to each person found to be elected.

7457 (8). Pay of election officers.

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 election.

7458 (9). Qualifications of councilman.

The city council shall consist of one member from each ward, to be chosen by the qualified electors of the entire city by a plurality of votes. Each councilman must be a freeholder in the city and an actual resident of the ward from which he is chosen.

7459 (10). Organization of council.

On the third Monday following the election 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 the same rights and privileges as other members of the council.

7460 (11). Council-Quorum-Regular meetings.

The council shall hold regular meetings on Tuesday of each week except in case of adjournment to a different date. 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 in such manner and under such penalties as may be provided by ordinance.

7461 (12). Special meeting-Notice.

The mayor or any five councilmen shall have power to call a special meeting of the council, the call for said meeting shall be filed with the city clerk and the said clerk shall forthwith cause to be served upon each member of the city council a notice of said special meeting. The notice shall be served as summons is served in civil cases, and the return of service by the clerk shall show the time and manner of service. The signing of said call or appearance at said meeting by the councilmen shall be a waiver of the service of said notice.