Commission Plan 
 
 -OF- 
 
 City Government 
 
 From Laws of Nebraska 
 
 1911 
 
 
 - VusNs, K* 
 
 
 Issued by the City of Omaha 
 THOMAS J. FLYNN 
 
 City Clerk 
 
 
f 
 
Commission Plan City Government. 
 
 LAWS NEBRASKA, 1911. 
 
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 “v,. 
 
 
 I 
 
 
 AN ACT for the Government of all Cities having, according 
 to the last preceding State or National Census, Five 
 Thousand or more Population, and to enable such cities 
 to adopt the Provisions of this Act called the Com¬ 
 mission Plan of City Government.' 
 
 Be it Enacted hy the Legislature of the State of Nebraska: 
 
 Section 1. (Cities applicable to act.) Any city in 
 this state now or hereafter having, according to the last 
 officially taken and promulgated state or national census, 
 five thousand or more population, may adopt the provi¬ 
 sions of this act and be governed thereunder by proceeding 
 as hereinafter provided. 
 
 Sec. 2. (Proposition—Election.) Within twenty days 
 after the filing of a petition with the City Clerk of any such 
 city signed by such a number of electors qualified to vote at 
 the last preceding general city or state election held within 
 any such city as equals twenty-five per centum of the votes 
 cast for all candidates for Mayor at such preceding general 
 city election, the Mayor of any such city shall by appropriate 
 proclamation and notice, call and proclaim a special election 
 to be held upon a date fixed in such proclamation and 
 notice which date shall not be less than thirty nor more 
 than sixty days after the date and issuance of such procla¬ 
 mation. After the filing of any petition provided for in this 
 act no signer thereon shall be permitted to withdraw his 
 name therefrom. At such special election the proposition 
 of adopting the provisions of this act shall be submitted to 
 the electors of any such city and such proposition shall be 
 stated thus: “Shall the city of (name of city) adopt the 
 provisions of (naming the chapter of the published law 
 containing this act) called the ‘Commission Plan of City 
 Government?’ ” And the paper ballot to be used and 
 method of voting at such special election shall be only those 
 provided by what is known as the “Australian Ballot Law” 
 of the state, and the ballot shall afford facility for casting 
 a “Yes” or “No” vote by making a cross as indicated by 
 said ballot law. In all other respects such special election 
 shall be held and conducted and the vote canvassed, and 
 the result declared as by law provided for the holding and 
 conducting of a general city election in any such city, and 
 all officers charged with any duty respecting the calling, 
 
 1 
 
holding and conducting of any such general city election 
 shall perform such duties for and at such special election. 
 
 Sec. 3. (Proposition, resubmission.) If said proposi¬ 
 tion be not adopted at any such special election by a 
 majority vote, the question of adopting it shall not be 
 again submitted in any such city within two years thereafter. 
 
 Sec. 4. (Councilmen, election.) If said proposition 
 be adopted, then at the next regular or general city elec¬ 
 tion provided by law in any such city there shall be elected, 
 not by or from wards or districts, but at large, the follow¬ 
 ing officers and none others, to wit: In cities containing 
 one hundred thousand or more population, according 
 to said census, seven councilmen; in cities containing over 
 .twenty-five thousand and less than one hundred thousand 
 population, according to such census, five councilmen; 
 and in cities containing over five thousand and less than 
 twenty-five thousand, according to such census, three 
 councilmen. Provided, however, that if said proposition 
 be not adopted at any such special election at least fifty 
 days prior to the date of holding the next general or regular 
 city election provided by law in any such city, then such 
 city shall continue to be governed under its existing laws 
 and the councilmen hereinbefore provided for, shall be 
 elected at the next general or regular city election there¬ 
 after occurring in any such city. 
 
 Sec. 5. (Same, nomination.) Candidates for the 
 office of councilmen provided for in this act shall be nomi¬ 
 nated at large, at a primary election and no other name 
 shall be placed upon the official ballot to be used at said 
 regular or general city election except those selected at such 
 primary in the manner hereinafter prescribed. Notwith¬ 
 standing any more general law respecting the time or man¬ 
 ner of holding primary elections, the primary election for 
 such nominations shall be held in all cities containing, ac¬ 
 cording to such census, over twenty-five thousand popula¬ 
 tion, on the fourth Tuesday, and in all cities containing, 
 according to such census, over five thousand and less than 
 twenty-five thousand population, on the third Tuesday pre¬ 
 ceding the date of the general or regular city election pro¬ 
 vided by the then existing law in any such city, and any 
 person desiring to become a candidate for councilman shall, 
 at least, ten days prior to the date of holding such primary ^ 
 file with the City Clerk a statement of such candidacy in 
 substantially the following form, to wit: 
 
 “State of Nebraska,.County: ss. 
 
 I,.. being first duly sworn, say 
 
 that I reside at No.street in the city of. 
 
 county of.and state of Nebraska; that I am 
 
 a qualified voter of said city; that I am a candidate for the 
 
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nomination of the office of Councilman to be voted upon at 
 
 the primary election to be held on the. 
 
 day of.19., and I hereby request 
 
 that my name be printed upon the official primary ballot 
 for nomination by such primary election for said office. 
 
 (Signed).;.” 
 
 Subscribed and sworn to before me by the said. 
 
 this.day of.ly. 
 
 I (Signed)..^.. 
 
 And such person shall at the same time file with such state¬ 
 ment a petition signed by at least twenty-five qualified 
 voters in all cities containing, according to such census, 
 over five thousand and less than twenty-five thousand pop- 
 * ulation and in all cities containing, according to said census, 
 over twenty-five thousand population signed by at least one 
 hundred qualified voters, requesting such candidacy,and he 
 shall pay to the city treasurer a filing fee, to aid in the ex¬ 
 pense of holding such primary, of $10.00 and obtain a re¬ 
 ceipt from the treasurer therefor, which shall be produced 
 to and filed with said City Clerk before filing such petition; 
 and the said petition shall be substantially in the following 
 form, to wit: 
 
 “The undersigned, duly qualified electors of the city 
 
 of., and residing at the places set opposite 
 
 our respective names hereto attached, do hereby request 
 
 that the name of.be placed on the 
 
 official ballot as a candidate for nomination for the office 
 of councilman at the primary election to be held in said 
 
 city on the.day of.19. . . 
 
 We further state that we know him to be a qualified elector 
 of said city and a man of good moral character and well 
 qualified, in our judgment, for the duties of such office.“ 
 
 Sec. 6. (Prirnary election.) Notwithstanding any 
 more general law respecting primary elections in force in 
 the state, the official ballot to be prepared and used at such, 
 primary shall be in substantially the following form, insert¬ 
 ing in the blanks the name of the city and the number of 
 Councilmen to be elected in the particular city where such 
 primary is to be held and placing simply the names of all 
 candidates upon the ticket without any party designation, 
 
 ^ circle or mark whatever, to wit: 
 
 “Candidates for nominations for councilmen of the city 
 of.at the primary election. 
 
 Vote for Only. 
 
 (Names of candidates).Q 
 
 ^ And in all other respects the general character of the 
 paper ballot to be used shall be the same as authorized by 
 the “Australian Ballot Law” of the state. In printing, the 
 names shall not be arranged alphabetically but shall be ro- 
 
 3 
 
tated according to the following plan, to wit: The form 
 shall be set up by the printer with the names in the order 
 in which they are placed upon the sample ballot prepared 
 by the City Clerk or officer whose duty shall be to have the 
 ballots prepared, and in printing the ballots for the various 
 election districts or precincts, the position of the names 
 shall be changed for each election district, in making the 
 change of position the printer shall take the line of type con¬ 
 taining the name at the head of the form and placing it at 
 the bottom, shoving up the column so that the name that 
 was second before the change, shall be the first after the 
 change. After receiving such ballot from the election 
 judges, endorsed by them as byjlawjprovided, the voters 
 shall, mark and cast such ballot, any voter who shall declare 
 that he will require assistance in voting shall be aided in the 
 manner provided by general law. The polls at any such 
 primary election in any city containing over twenty-five 
 thousand population, according to such census, shall open 
 at eight o’clock A. M. and close at nine o’clock P. M., and in 
 cities containing over five thousand and less than twenty- 
 five thousand population, according to such census, the 
 poll's shall open for such primary at twelve o’clock M., and 
 close at nine o’clock P. M. In all other respects such pri¬ 
 mary election shall be held and conducted and the vote can¬ 
 vassed and the result declared as by law provided for hold¬ 
 ing other city primary elections in any city embraced in 
 the class to which any general state primary law applies; 
 and if such primary election be held in any city to which, 
 as to city elections, the general primary laws of the state 
 do not apply, then such primary election shall be, except 
 in the respects hereinbefore provided, proclaimed, noticed, 
 held and conducted and the vote canvassed and the result 
 declared as by law provided for holding the general or regu- • 
 lar city election in any such city; and all officers charged 
 with any duty respecting the proclaiming, holding and 
 conducting of any such general or regular city election, in 
 any such city, shall perform such duties for and at such 
 primary election. 
 
 Sec. 7. (Candidates, how chosen.) The fourteen 
 candidates receiving the highest number of votes at such 
 primary election held in any city containing over one hun¬ 
 dred thousand population, according to said census, or all 
 candidates, if there be less than fourteen upon the primary 
 ballot, shall be the candidates and the only candidates 
 whose names shall be placed upon the official ballot for 
 councilmen at such regular or general city election in such ^ 
 city; and in any city containing over twenty-five thousand 
 and less than one hundred thousand population, according 
 to such census, the ten candidates receiving the highest 
 
 4 
 
number of votes at such primary, or all candidates, if there 
 be less than ten on the primary ballot, shall be the candi¬ 
 dates, and the only candidates, whose names shall be 
 placed upon the official ballot for councilmen at such 
 regular or general city election in any such city, and in any 
 city containing over five thousand and less than twenty- 
 five thousand population, according to such census, the 
 six candidates receiving the highest number of votes at 
 
 ^ such primary, or all candidates, if there be less than six 
 on the primary ballot, shall be the candidates and the only 
 candidates, whose names shall be placed upon the official 
 ballot for Councilmen at such general city election in any 
 such city. 
 
 ^ Sec. 8. (Election.) At the regular or general city 
 
 election at which such candidates so nominated are to be 
 elected, the ballot shall be prepared in substantially the 
 same general form and the names rotated as hereinbefore 
 provided for their nomination at the primary election; and 
 the three, five or seven persons, as the case may be receiving 
 the highest number of votes shall be the councilmen elected. 
 In all other respects the general laws in force in any such 
 city respecting the holding and conducting and declaring 
 the result of any such regular or general city election shall 
 apply, so far as the same are applicable and not inconsistent 
 with the provisions of this act. 
 
 Sec. 9. (Councilmen, qualification, term.) Said 
 Councilmen shall qualify and give bond in the manner and 
 amount provided by the existing laws governing the city 
 wherein they are elected, and terms of office of such 
 councilmen shall commence and terminate at such times as 
 may be provided by the laws governing the cities wherein 
 they are elected, and if any vacancy occur in such office, the 
 remaining members of the council shall appoint a person 
 to fill such vacancy for the balance of the term; and the 
 terms and office of the Mayor and Councilmen in any such 
 city in office at the beginning of the term of office of the 
 Councilmen first elected under the provisions of this act, 
 shall then cease, and the terms of office of all other elective 
 or appointive officers in force within or for any such city, 
 except as herein otherwise provided, shall cease as soon as 
 the council herein provided for shall select or appoint their 
 < successors and such successors qualify and give bond as by 
 law provided, or as soon as such Council shall by resolution 
 declare the terms of any such elective or appointive officers 
 at an end or abolish or discontinue the office. 
 
 4 Sec. 10. (Salaries.) In all cities containing one 
 hundred thousand or more population, according to such 
 census, the annual salary of each of such Councilmen shall 
 be Four Thousand Five Hundred Dollars ($4,500.00). In 
 
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all cities containing forty thousand and less than one hun¬ 
 dred thousand population, according to such census, the 
 annual salary of each of such Councilmen shall be Two 
 Thousand Dollars ($2,000.00). In all cities containing 
 twenty-five thousand and less than forty thousand popula¬ 
 tion, according to such census, the annual salary of each of 
 such Councilmen, shall be One Thousand Dollars ($1,000). 
 
 In all cities containing seven thousand and less than twenty- 
 five thousand population, according to such census, the 
 annual salary of each of such Councilmen shall be fixed by 
 ordinance, not to exceed, however, the sum of One Thou¬ 
 sand Dollars ($1,000.00). And in all cities containing five 
 thousand and less than seven thousand population, accord¬ 
 ing to such census, the annual salary of such Councilmen 
 shall be Three Hundred Dollars ($300.00). Provided, how¬ 
 ever, that the Mayor in any of such cities, selected and 
 appointed in the manner hereinafter provided, shall receive 
 in addition to his salary as Councilman, the following 
 amounts, to wit: In cities containing one hundred thousand 
 or more population, according to such census. Five Hundred 
 Dollars ($500.00). In cities containing forty thousand and 
 less than one hundred thousand population, according to 
 to such census. Five Hundred Dollars ($500.00). In cities 
 containing, according to such census, twenty-five thousand 
 and less than forty thousand population. Five Hundred 
 ($500.00) Dollars. In cities containing seven thousand and 
 less than twenty-five thousand population, according to 
 such census. Three Hundred Dollars ($300.00), and in 
 cities containing five thousand and less than seven thousand 
 population, according to such census. Two Hundred Dollars 
 ($200.00). Such salaries, and additional amounts to the 
 Mayor, shall be paid in equal monthly installments in any 
 of such cities. 
 
 The salary or compensation of all other officers or 
 employes of any such cities shall be determined when they 
 are appointed or elected by the said Council and shall be 
 payable at such periods as the said Council shall determine. 
 
 Sec. 11. (Council, powers, duties.) The said council 
 herein provided for, upon taking office, shall have, possess 
 and exercise, by itself or through such methods as it 
 may provide, all executive or legislative or judicial pow- , 
 
 ers and duties hitherto held, possessed or exercised under 
 the then existing laws governing any such city, by the 
 Mayor or Mayor and City Council or Water Commissioners 
 or Water Board or Water and Light Commissioner or Board 
 of Fire and Police Commissioners or Board of Fire and Po- v 
 lice Commissioners or Park Commissioners or Park Board 
 or Excise Board or members thereof or Fire Warden, and 
 the powers, duties and office of such Fire Warden and of 
 all such boards and the members thereof shall then and 
 
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thereupon cease and terminate; and the powers, duties and 
 officers of all other boards created by statute for the govern¬ 
 ment of any such city shall also thereupon cease and term¬ 
 inate; provided, however, nothing herein contained shall 
 be so construed as to interfere with the powers, duties, au¬ 
 thority and privileges that have been, are or may be here¬ 
 after conferred and imposed upon the Water Board in Met¬ 
 ropolitan cities as prescribed by law, or shall affect the 
 power or office of city school or school district officers or 
 office, nor of any office or officer named in the state consti¬ 
 tution exercising office, powers or functions within any such 
 city; and such council, upon taking office, shall have and 
 may exercise all executive or legislative or judicial powers 
 possessed or exercised by any other officer or board hitherto 
 provided by law for or within any such city, except officers 
 named in the state constitution; and the executive and ad¬ 
 ministrative powers, authorities and duties in such cities 
 shall be distributed into and among departments as follows, 
 to wit: 
 
 In cities containing one hundred thousand population 
 or more, according to such census, as follows: 1. Depart¬ 
 ment of Public Affairs; 2. Department of Accounts and Fi¬ 
 nances; 3. Department of Police, Sanitation and Public 
 Safety; 4. Department of Fire Protection and Water Sup¬ 
 ply; 5. Department of Street Cleaning and Maintenance; 
 6. Department of Public Improvements; 7. Department of 
 Parks and Public Propetty. In cities containing twenty- 
 five thousand and less than one hundred thousand popula¬ 
 tion, according to such census, as follows: 1. Department 
 of Public Affairs; 2. Department of Accounts and Finances; 
 3. Department of Public Safety; 4. Department of Streets 
 and Public Improvements; 5. Department of Parks and 
 Public Property. In cities containing five thousand and 
 less than twenty-five thousand, according to such census, 
 as follows: 1. Department of Public Affairs and Public 
 Safety. 2. Department of Accounts and Finances. 3. De¬ 
 partment of Streets, Public Improvements and Public 
 Property. And the Council shall provide, as nearly as may 
 be, the powers and duties to be exercised and performed by 
 and assign them to the appropriate departments and may 
 prescribe the powers and duties of all officers and employes 
 ^ of the city and may assign particular officers or employes 
 to more than one of the departments and may require any 
 officer or employe to perform duties in two or more of the 
 departments and may make such other rules and regulations 
 ^ as may be necessary or proper for the efficient and econom¬ 
 ical management of the business affairs of the city. 
 
 Sec. 12. (Mayor, President, Superintendent.) The 
 
 Council in all such cities shall, at its first meeting, elect by 
 
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a majority vote one of its members President of the council 
 and he shall be styled and known as Mayor of the city, but 
 he shall have no power to veto any ordinance, resolution or 
 measure passed by the Council, and he shall preside at all 
 meetings of the City Council; and the council shall also 
 at such meeting, or as soon as practicable thereafter, in 
 cities containing one hundred thousand or more population, 
 according to such census, designate by a majority vote one 
 Councilman to be Superintendent of the department of Ac¬ 
 counts and Finances, one to be Superintendent of the de¬ 
 partment of Police, Sanitation and Public Safety, one to be 
 Superintendent of the department of Fire Protection and 
 Water Supply, one to be Superintendent of the department 
 of Street Cleaning and Maintenance, one to be Superintend¬ 
 ent of the department of Public Improvements and one to 
 be Superintendent of the department of Parks and Public 
 Property, and the Mayor of the city shall be the Superin¬ 
 tendent of the department of Public Affairs; and in cities 
 containing twenty-five thousand population and less than 
 one hundred thousand population, the council shall at such 
 meeting, or as soon as practicable thereafter, designate by 
 a majority vote one councilman to be Superintendent of the 
 department of Accounts and Finances, one to be Superin¬ 
 tendent of the department of Public Safety, one to be 
 Superintendent of the department of Streets and Public Im¬ 
 provements and one to be Superintendent of the depart¬ 
 ment of Parks and Public Property, and the Mayor in such 
 last named city shall be the Superintendent of the depart¬ 
 ment of Public Affairs; in cities containing five thousand 
 population and less than twenty-five thousand population, 
 the council shall at such meeting, or as soon as practicable 
 thereafter, designate by a majority vote, one Council¬ 
 man to be Superintendent of department of Streets, Pub¬ 
 lic Improvements and Public Property; one Councilman to 
 be Superintendent of Public Accounts and Finances, and 
 the Mayor in such last named city shall be Superintendent 
 of Department of Public Affairs and Public Safety, and in 
 all of said cities the Superintendent of the department of 
 Accounts and Finances shall be Vice President of the 
 City Council and in the absence or inability of the Mayor to 
 serve shall perform the duties of the Mayor of the city, and 
 in case of vacancy in the office of Mayor by death or other¬ 
 wise, said Vice President shall perform the duties of Mayor 
 of the city until such time as the Council, after filling the 
 office of Councilman left vacant, shall select another or new 
 Chairman and Mayor, which it shall do in case of such ^ 
 vacancy, at the first Council meeting, or as soon as practic¬ 
 able thereafter, after such vacancy occurs; and in all of such 
 cities the Council may change the superintendency of any 
 
 8 
 
of said departments, except that of public affairs, from one 
 of said councilmen to another whenever it appears that the 
 public service and management of the business affairs of the 
 city would be benefited by such change. 
 
 Sec. 13. (Officers.) The Council shall at its first meet¬ 
 ing, or just as soon as possible thereafter, elect as many of 
 the city officers provided for by the then existing laws or 
 ordinances governing any such city as may, in the judg¬ 
 ment of the council, be essential and necessary to the eco¬ 
 nomical, but efficient and proper conducting of the govern¬ 
 ment of the city, and shall at the same time fix the salaries 
 of the officers so elected either by providing that such salar¬ 
 ies shall remain the same as fixed by the then existing 
 laws or ordinances for such officers or may then raise or 
 lower the existing salaries of any such officers, and the 
 Council may modify the powers or duties of any such officers 
 as provided by then existing laws or ordinances or may com¬ 
 pletely define and fix such powers or duties anew; and any 
 such officers or any assistant or employe elected or ap¬ 
 pointed by the Council may be removed by the Council at 
 anytime. Provided however, that in cities of the metropoli¬ 
 tan class no member or officer of the police department, or 
 department of Police, Sanitation and Public Safety or of 
 the Fire Department or Department of Fire Protection and 
 Water Supply shall be discharged for political reasons, nor 
 shall a person be employed or taken into either of said 
 departments for political reasons. Before any such 
 officer or employe can be discharged charges must be filed 
 against him before the council and a hearing had thereon, 
 and an opportunity given such officer or employe to 
 defend against such charges, but this provisions shall not 
 be construed to prevent peremptory suspension of such 
 member by the Council in case of misconduct or neglect of 
 duty or disobedience of orders. Whenever any such suspen¬ 
 sion is made charges shall be at once filed by the council 
 with the officer having charge of the records of the council 
 and a trial had thereon at a second meeting of the council 
 after such charges are filed. For the purpose of hearing 
 such charges the Council shall have power to enforce at¬ 
 tendance of witnesses, the production of books and papers, 
 and to administer oaths to witnesses in the same manner 
 ^ and with like effect and under the same penalty, as in the 
 case of magistrates exercising civil and criminal jurisdiction 
 under the Statutes of the State of Nebraska. 
 
 Sec. 14. (Offices.) The Council shall have power to 
 ^ discontinue any employment or abolish any office at any 
 time when, in the judgment of the Council, such employ¬ 
 ment or office is no longer necessary, and the Council shall 
 have power, at any time and at any meeting, to create any 
 
 9 
 
office or board it deems necessary and fix their salaries and 
 it may create a board of three or more members composed of 
 other officers of the city and confer upon such board any 
 power not required to be exercised by the Council itself and 
 may require such other officers to serve upon any such 
 board and perform the services required of it with or with¬ 
 out any additional pay for such additional service. 
 
 Sec. 15. (Meetings.) The first meeting of the Council 
 provided for in this act shall be held on the first Monday / 
 after the election of such Councilmen and thereafter the reg¬ 
 ular meetings of such Council shall be held in cities contain¬ 
 ing over one hundred thousand population, according to 
 such census, at least once in each week and upon such day 
 and hour as the Council may designate; and in all other such 
 cities the regular meetings of the council shall be held at 
 such intervals and upon such day and hour as the Council 
 may by ordinance or resolution designate; and special meet¬ 
 ings of the Council in any of such cities may be called, from 
 time to time, by the Mayor or two Councilmen, giving 
 notice in such manner as may be fixed or defined by existing 
 law or ordinance in any of such cities or as shall be fixed by 
 ordinance or resolution by such Council. A majority of 
 such Council shall constitute a quorum for the transaction 
 of any business, but it shall require a majority vote of the 
 whole Council in any such city to pass any measure or 
 transact any business. 
 
 Sec. 16. (Public Offices, Mayor, duty.) The Mayor 
 and Councilmen shall maintain offices at the City Hall and 
 the Mayor shall, in a general way, constantly investigate 
 all public affairs concerning the city’s interest and investi¬ 
 gate and ascertain, in a general way, the efficiency and 
 manner in which all departments of the city government 
 are being conducted, and he shall recommend to the City 
 Council all such matters as in his judgment should receive 
 the investigation, consideration or action of that body. 
 
 Sec. 17. (Political views.) Any officer or employe of 
 such city who, by solicitation or otherwise, shall exert 
 his influence directly or indirectly to influence any other 
 officers or employes of such city to adopt his political views 
 shall be guilty of a misdemeanor and upon conviction shall 
 be punished by a fine not exceeding one hundred dollars or ^ 
 be imprisoned in the County Jail not exceeding thirty days. 
 
 Sec. 18. (Petitions.) All petitions provided for in 
 this act shall be signed by none but legal voters of the city 
 and each petition shall contain, in addition to the names of 
 the petitioners, the street and house number in which the 
 petitioner resides. The signatures to such petition need 
 not all be appended to one paper, and at least one of the 
 signers of each such paper shall make oath before some of- 
 
 10 
 
ficer competent to administer oaths, that the statements 
 made in any such petition are true as he verily believes, and 
 that the signers thereon were at the time of signing such 
 petition, legal voters of the city as he verily believes and 
 shall also state in said affidavit the number Pf signers upon 
 the petition, or part thereof, sworn to by him, at the time 
 he makes such affidavit. 
 
 Sec. 19. (General laws govern.) All general state 
 laws governing the several classes of cities described in this 
 act shall, according to the class within which it is embraced, 
 apply to and govern any city adopting this act and electing 
 officers thereunder so far, and only so far, as such laws are 
 applicable and not inconsistent with the provisions, intent 
 and purpose of this act, and all acts and parts of acts in¬ 
 consistent with the provisions of this act shall, upon the 
 adoption of this act, by any such city and election of officers 
 thereunder, be deemed and held to be repealed. 
 
 Sec. 20. (Appropriations.) If at the beginning of 
 the term of office of the first Council elected under the pro¬ 
 visions of this act, the approprig^tions or distribuion of the 
 expenditures of the city government for the current fiscal 
 year have been made, said Council shall have power, by or¬ 
 dinance, to revise, repeal or change such distribution or to 
 make additional appropriation, within the limit of the total 
 taxes levied for such year. 
 
 Sec. 21. (Council, recall.) Any of such Councilmxen 
 may be removed at any time from office by the qualified 
 electors of any such city. The procedure to accomplish the 
 removal of any incumbent of such office shall be as follows: 
 A petition signed by such electors equal in number to at 
 least thirty per centum of the highest vote cast at the last 
 preceding general city election demanding an election of a 
 successor to the person sought to be removed and naming 
 the candidate or candidates proposed for election to succeed 
 him, shall be filed with the City Clerk, which petition shall 
 
 • contain a general statement of the grounds upon which the 
 removal is sought. Within ten days from the date of 
 filing such petition, the City Clerk shall examine it and from 
 the voters’ register, if the petition be filed in any city where 
 registration laws are in force, or if not, then from such 
 source as may be available to such clerk, ascertain whether 
 
 ' or not said petition is signed by the requisite number of 
 qualified electors, and, if necessary, the Council shall allow 
 such clerk extra help for that purpose, and the clerk shall 
 attach to said petition his certificate showing the result 
 
 # of such examination, and if the clerk’s certificate to such 
 petition shows that it is insufficient in point of numbers 
 signed, it may be amended within ten days from the date 
 of such clerk’s certificate by the filing of a supplemental 
 
 11 
 
petition signed and sworn to as in the case of the original 
 petition, and the clerk shall within ten days after such 
 supplemental petition be filed, make a like examination 
 of the supplemental petition, and if the certificate shall 
 show the supplemental petition, together with the original 
 petition, to contain the requisite number of signatures, the 
 clerk shall submit such original petition, and supplement to¬ 
 gether with his certificates, without delay, to the Council 
 and the Council shall order and fix, without delay, a date 
 for holding an election, which date shall not be less than 
 thirty nor more than sixty days from the date of the clerk’s 
 certificate to the Council showing the petition sufficient. 
 Candidates other than those mentioned in the recall petition 
 herein provided for shall be nominated as provided in this > 
 act except that where but one councilman is to be voted 
 upon only the person receiving the largest number of votes 
 of elector shall be deemed nominated and placed upon the 
 ballot; where two councilmen are to be voted upon only the 
 two candidates receiving the largest number of votes shall 
 be deemed nominated and so on. Such primary shall be 
 held upon the second Tuesday prior to the election. The 
 Council shall make, or cause to be made, publication of 
 notice of the time of holding such election and all arrange¬ 
 ments for holding such election, and the method and manner 
 of conducting the same and canvassing the vote cast thereat 
 and declaring the results thereof shall be the same in all 
 respects as at the general or regular city elections in any 
 such city, except that the ballot used at such election shall 
 be the paper ballot authorized by the Australian Ballot 
 Law and the ticket shall be printed in the same manner as 
 herein provided for the holding of elections at the general 
 city election in such city and the names thereon so arranged, 
 and aid to voters restricted to the classes hereinbefore 
 named. The successor of any officer so removed shall hold 
 office during the unexpired term of his predecessor; and 
 any Councilman sought to be removed may become a 
 candidate to succeed himself, and unless he requests other¬ 
 wise in writing, the clerk shall place his name on the official 
 ballot with the other names mentioned in such petition. 
 
 In any such removal election the candidate receiving the 
 highest number of votes shall be declared elected, and at 
 such election if some other person than the incumbent * 
 receives the highest number of votes, the incumbent shall 
 thereupon be deemed removed from the office upon the 
 qualification of his successor, and if the party who receives 
 the highest number of votes should fail to qualify and give 
 bond, as by law provided, within ten days after receiving 
 notice of his election, the office shall be deemed vacant 
 and shall be filled by the remaining members of the Council 
 
 12 
 
as any other vacancy is filled in such office. If the incum¬ 
 bent receives the highest number of votes cast at such elec¬ 
 tion, he shall continue in office. The foregoing method of 
 removal shall be cumulative and additional to the methods 
 otherwise provided by law for removing such officers. 
 
 Sec. 22. (Initiative.) The right to enact ordinances 
 for any city governed by this act is hereby granted to the 
 qualified elector of such city. But such grant is made upon 
 the following conditions and in addition to the right herein 
 granted to the Council to legislate. Whenever qualified 
 electors of any such city equal in number to fifteen per cen¬ 
 tum of the vote cast at the last preceding city election peti¬ 
 tion the council to enact a proposed ordinance it shall be the 
 duty of the Council to either enact such ordinance without 
 amendment within thirty days or submit the same to a vote 
 of the people at the next election held within such city 
 regardless of whether or not such election be a city, county, 
 or state election. 
 
 Whenever such proposed ordinance is petitioned for by 
 qualified electors equal in number to twenty-five per centum 
 of the vote cast at the last preceding city election and such 
 petition requests that a special election be called to submit 
 the proposed ordinance to a vote of the people in the event 
 that the council shall fail to enact the same it shall be the 
 duty of the council to either enact such ordinance without 
 amendment within thirty days or submit such ordinance to 
 a vote of the people at a special election called by the coun¬ 
 cil for that purpose, the date of such election shall not be 
 less than fifty days nor more than seventy days after the 
 filing of the petition for the proposed ordinance. The pe¬ 
 tition herein provided for shall be in general form and as 
 to signatures and verification as provided in this act shall 
 be filed with the city clerk, and if there be no city clerk 
 then with such other officer having charge of the records 
 of the city council. Said officer shall immediately ascertain 
 the per centum of the voters signed to such petition and 
 transmit his findings together with such petition to the 
 Council. 
 
 In the event the council shall fail to enact such or¬ 
 dinance the council shall submit same to a vote of the people 
 ^ of such city as herein provided. The mayor shall issue a 
 proclamation notifying the electors of said election at least 
 fifteen days prior to such election, and the council shall 
 cause to have published a notice of said election, and a copy 
 of such proposed ordinance once in each of the daily news- 
 # papers of general circulation in-said city and if there be 
 no daily newspaper published within such city then once in 
 each weekly newspaper of general circulation in such city, 
 such publication to be not more than 20 n'or less than 5 
 
 13 
 
days before the submission of the proposed ordinance to the 
 electors. All proposed ordinances shall have a title which 
 shall state in a general way the purpose and intent of such 
 ordinance. The ballots used when voting upon such pro¬ 
 posed ordinance shall contain the following: ‘‘h'or the 
 ordinance” (set forth the title thereof) and “Against the 
 ordinance” (set forth the title thereof). 
 
 If a majority of the electors voting on the proposed or¬ 
 dinance shall vote in favor thereof such ordinance shall 
 thereupon become a valid and binding ordinance of the city; 
 and an ordinance so adopted shall not be altered or modified 
 by the council within one year after the adoption thereof 
 by the people. Any number of proposed ordinances may be 
 voted upon at the same election in accordance with the pro¬ 
 visions of this section, provided, that the same measure 
 either in form or essential substance shall not be submitted 
 
 oftener than once in two vears. 
 
 •> 
 
 Sec. 23. (Referendum.) No ordinance passed by 
 any such council, except when otherwise required by the 
 general laws of the state, or by other provisions of this act, 
 except ordinances appropriating money to pay the salary of 
 officers and employes of the city, urgency ordinances for the 
 immediate preservation of the public peace, health or safety 
 and which contain a statement of such urgency, shall go 
 into effect before fifteen days from the time of its final pas¬ 
 sage; and if during said fifteen days a petition, signed and 
 verified as hereinbefore provided, by electors of the city 
 equal in number to at least fifteen per centum of the highest 
 number of votes cast for any of such councilmen at the last 
 preceding general city election, protesting against the pas¬ 
 sage of such ordinance, be presented to such council, then 
 such ordinance shall thereupon be suspended from going 
 into operation, and it shall be the duty of the Council to 
 reconsider such ordinance; and if the same be not entirely 
 repealed by such council, then the said council shall pro¬ 
 ceed to submit to the voters such ordinance at a special 
 election to be called for that purpose or at general city 
 election; and such ordinance shall not go into effect or be¬ 
 come operative unless a majority of the qualified electors 
 voting on the same shall vote in favor thereof. Such peti¬ 
 tion shall be in all respects in accordance with the provisions ^ 
 of this act relating to signatures, verification, inspection and 
 certification. 
 
 Sec. 24. (Commission plan abandoned.) Any city * 
 which shall have operated for more than four years under 
 the provisions of this act may abandon the provisions of this » 
 act and the organization thereunder, and accept the provis¬ 
 ions of the general law o: the state then applicable to cities 
 of its population, by proceeding as follows: 
 
 14 
 
Upon a petition signed by such number of the quali¬ 
 fied electors of any such city as equals at least twenty-five 
 per centum of the highest vote cast for any of the Council- 
 men elected under this act at the last preceding general or 
 regular election in any such city, being filed with and found 
 sufficient by the City Clerk or Clerk of such Council, a special 
 election shall be called in any such city, at which special 
 election the following proposition only shall be submitted: 
 “Shall the City of (name of city) abandon its organization 
 under (naming the chapter of the published law containing 
 this act) and become a city under the general laws of the 
 state governing cities of like population?’’ If a majority 
 of the votes cast at any such special election be in favor of 
 such proposition, the officers elected at the next succeeding 
 general city election in any such city shall be those then 
 prescribed by the general law of the state for cities of like 
 population, and upon the qualification of such officers, ac¬ 
 cording to the terms of such general state law, such city 
 shall become a city governed by and under such general 
 state law; provided, however, that if such special election 
 be not held and the result thereof declared at least fifty 
 days before the general election date in any such city, then 
 such city shall continue to be governed under the provisions 
 of this act until the second general dty election occurring 
 after the date of such special election, and at such general 
 city election the officers provided by such general state law 
 for the government of any such city shall be elected and 
 upon their qualification the terms of office of the Councilmen 
 elected under the provisions of this act shall cease and ter¬ 
 minate. 
 
 The sufficiency of the petition asking for such special 
 election shall be ascertained by the City Clerk in the same 
 manner as is heretofore provided as to petitions asking for 
 the removal of any such Councilmen and such petition may 
 be supplemented and the sufficiency thereof ascertained in 
 the manner hereinbefore pointed out for such removal and 
 the date of holding such special election after the sufficiency 
 of such petition be ascertained shall be the same as herein¬ 
 before pointed out for such removal and the general form 
 of the ballot to be used at such special election shall be the 
 same as hereinbefore pointed out for such removal and the 
 4 general form of the ballot to be used at such special elec¬ 
 tion shall be the same as hereinbefore provided for voting 
 ^ upon the adoption of this act, and the qualification of the 
 electors and the classes of voters who may be aided in cast- 
 ^ ing their ballots at such special election shall be the same 
 as hereinbefore pointed out for the election of Councilmen 
 under the provisions of this act. 
 
 Approved April 7, 1911. 
 
 15 
 
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