of trustees, who shall canvass the same and declare the result, which shall be entered on the journal.

C. 39, L. 84. § 87: April 1.

Organization.

change

§ 2497. If a majority of the votes cast at such election be in favor of organization, under this act, the council or trustees when. shall immediately call a special election, for the election of officers for such corporation, according to its class, as defined by this act, and from and after the election of such officers the former organization of such city or town shall be considered as abandoned, and such city or town shall have all the rights and be subject to all the liabilities of each class to which it belongs, but the officers so elected shall hold their offices only until the next annual municipal election in such city or town.

$ 2498. All rights and property of every description which were vested in any municipal corporation under its former organization, shall be deemed and held to be vested in the same municipal corporation under the organization herein contemplated, and no right or disability, either in favor of or against such corporation existing at the time, and no suit or prosecution of any kind shall be affected by such change: Provided, That where a different remedy is given by this act, which can properly be made applicable to any right existing at the time such change is made, the same shall be deemed cumulative to remedies before provided and may be used accordingly.

Id. § 88.

complete,

Rights and property not affected.

Remedies cumula

tive.

Id. § 89.

Reorganization to include contiguous

ure.

§ 2499. Whenever any territory has been or shall hereafter be laid off or platted, adjoining or contiguous to any or- territory; ganized town, or to any addition or sub-division thereof, and the proprietor of such territory shall not have constituted the same an addition to any such town, as provided in this act, and the inhabitants of which territory shall not have become incorporated as a separate town prior to the date of the passage of this act, the town to which such territory is contiguous may proceed to abandon its organization and reorganize under this act in the manner as provided in the five next preceding sections, and in such reorganization may include all or any part of the territory so laid off or platted, as aforesaid, and in such cases the boundaries of the whole town, including such territory, shall be set forth in the petition mentioned in section two thousand four hundred and ninety-four, and all legal voters residing within those boundaries shall be entitled to vote at the election contemplated herein.

CHANGING NAME OF TOWN OR CITY.

Id. § 90.

ors.

proced

§ 2500. Whenever it is desired to change the name of Question of changing name may be any incorporated town or city in this territory, the trustees submitted to elector council thereof may submit the question of making such change, to a vote of the qualified electors of such town or city at the next following general election or at a special election called for that purpose, notice of such election shall be published in some newspaper published in said town or city for at least two weeks immediately prior to such election, stating the question to be voted upon and the proposed new name, which shall not be the name of any other incorporated town

C. 40. L. 97, § 1; or city in this territory at the date of the first publication of such notice.

March 12.

Form of ballots.

able. name to

changed.

be

§ 2501. The ballots to be voted at such election shall have written or printed thereon the words, For change of name as proposed, or, Against change of name as proposed. If a majority of the votes cast at such election be favorable to If majority favor such change, the name of such town or city shall be changed accordingly, and a certificate shall be made out by the clerk or recorder of such town or city, showing the result of such election and the new name adopted, which certificate shall be recorded in the records of said town or city, and also in the records of the county in which such town or city is located, and a copy of the same, with certificate showing the recording thereof as herein provided, shall be forwarded to the secretary of the territory and filed in his office.

Id. $ 2.

When change of name deemed com plete.

Proviso.

Id. § 3.

Petition and publication.

C. 81. L. 89. § 1: Feb. 25.

$ 2502. When said certificate and copy shall be duly recorded and filed as provided in the preceding section, such change of name shall be deemed complete, and the name thus adopted shall be judicially recognized in all subsequent proceedings wherein said town or city shall be interested: Procided, That such change shall not in any manner affect the rights or liabilities of such town or city or any other right, liability or right of action, civil or criminal, and that in all contracts, obligations, written instruments and proceedings made or begun prior to such change, in which the old name of said town or city appears, the new name adopted shall be substituted therefor.

DISINCORPORATION, PROCEDURE.

§ 2503. When one-fourth of the legal voters of any city or incorporated town in the territory, who may have voted in the last regular annual election held in such city or town, previous to the presenting of the petition hereinafter mentioned, whether such city or town be incorporated under this act or under any previous act, shall petition the board of county commissioners of the county wherein such corporation is situate for the discontinuance of the same, the said board shall order an election of the legal voters in such city or town to be held, and shall cause to be published for at least thirty days, a notice stating that the question of discontinuing such corporation will be submitted at said election to the legal voters of the same, and shall fix therein the day of holding the election, which shall not be less than thirty, nor more than sixty days after the date of such order.

§ 2504. The form of the ballot shall be, For the incorC. L. 84. $poration, and, Against the incorporation.

Ballots; form of. 39, April 1.

Disincorporation complete; when.

§ 2505. If a majority of all the legal votes cast for and against such proposition shall be cast against the incorporation, then the same shall be discontinued. The vote provided for in this and the two preceding sections shall not be construed to discontinue any corporation until the said corporation shall have made provision for the payment of all of its indebtedness and for the performance of its contracts and obligations, and shall have levied the requisite tax therefor: Provided, That such indebtedness, contracts and obligations

shall not be held or construed to include or mean the funded or bonded indebtedness of such corporation or any other contract beyond the period of one year from the date of such disincorporation as determined at such election.

§ 2406. The vote for the purpose of the disincorporation shall be taken in the same manner as in other municipal elections, but the judges of election at such election shall be appointed by the board of county commissioners, and the election returns shall be made to, and canvassed by the board of county commissioners in the same manner as returns are made at any general election in this territory.

Records and documents to be deposit

§ 2507. The books, documents, records, papers and corporate seal of any city or town, so discontinued, shall be de- ed. posited with the probate clerk of the county for safe keeping and reference in future, and all court records of any mayor or other officer shall be deposited with the nearest justice of the peace of the precinct, who shall have authority to execute and complete all unfinished business standing on the same.

$2508. Whenever the incorporation of any city or town shall have been discontinued, under the provisions of the four preceding sections, the clerk of the county wherein such corporation was situated shall publish such fact for thirty days in a county paper, if one is published in the county; if not, shall post three notices for the same length of time, and also certify the fact to the secretary of the territory.

Unfinished

ness.

busi

C. 39. L. 84. § 95: April 1.

Publication re

quired.

Id. § 96.

Indebtedness, payment: how provided

2509. For the payment of its unfunded indebtedness, the corporation shall issue warrants in cases where there is for no money in the treasury, and the county collector shall collect the tax which shall be levied to pay such indebtedness as hereinafter provided and prescribed, as he collects other taxes, and pay the same over to the county treasurer, who shall pay said warrants, and any surplus of such fund shall be first applied as a sinking fund for the purpose of paying off any funded indebtedness, and if none such should be due, for the purchase of any portion of such funded indebtedness that might be purchased therewith, and, if after paying off such funded indebtedness, there should remain a surplus, the same shall be turned over to the school fund of the school district where the same is levied, and if there be more than one school district, the same shall be divided between them, in proportion to the vote cast in such school district.

§ 2510. It shall be the duty of the board of county commissioners of the county in which any such town or city may be disincorporated, to take charge of all water works, water and other property belonging to any incorporation which may be disincorporated as before provided, and to employ a suitable person to manage, operate and control the same and to collect all rents, tolls and charges due or to become due for water or from any other proceeds of such water works, water or other property, which said person shall be paid a salary not to exceed sixty dollars per month, and he shall give bond to the board of county commissioners in the county, in such sum as said board of county commissioners may deem sufficient, conditioned that he will faithfully perform all his duties as such employe and collect and pay over all sums of money

C. 81, L. 89. § 4: Feb. 25.

Duty of County commissioners to

take charge of water works and

other property.

Feb. 25.

C. 81. L. 89, § 5; which may be due or become due as rents, tolls, charges and other proceeds of such water works, water and other property of such disincorporated town or city, and said employe shall perform all duties in reference to such water works, water and other property as the said board of county commissioners may direct, and may be removed at the pleasure of said board, and another employe appointed in his stead, and all moneys, so collected by him, shall be turned over to the county treasurer monthly on the first day of each month, to be paid out as hereinafter provided.

§ 2511. All moneys which may be received as the proceeds, rents, tolls or charges of any water works, water or other property of such disincorporated city or town shall be applied: First, to pay the employes provided for in the next preceding section and to keep such water works and other property in repair; second, to pay the interest on the funded indebtedness of such corporation: third, to create a sinking fund with which to purchase, redeem or pay off such funded indebtedness or any part thereof, from time to time as such board of county commissioners may elect; fourth, after all such funded indebtedness shall be paid, then to the support of all public non-sectarian schools within the limits of such city or town as existed at the time of such disincorporation, unless otherwise provided by law; such dispositions to be made in the order before stated.

§ 2512. Should there not be sufficient funds arising from the proceeds, rents, tolls and charges of such water works, water and other property, to pay the items mentioned in the last preceding section, in the order therein designated or either or any of them, the board of county commissioners shall levy and cause to be collected by the collector of the county each year at the time of the general levy and collection of taxes in the county, on all property taxable within the limits of such city or town as they existed when disincorporated, a sufficient tax to pay off the said items or any part thereof when due, so far as the same may be necessary in addition to the proceeds, rents, tolls and charges aforesaid, and also, when said bonded indebtedness shall fall due, a sufficient tax, to pay off the same from time to time as may be for the best interests of the tax payers, so far as to comply with the terms and conditions of the evidences of such funded indebtedness. And such boards of county commissioners shall perform all and any duties which may be required to be performed by the city or town council of such disincorporated city or town, according to the terms of the bonds or obligations of such city or town, so as to comply with the terms of any obligation or contract, or municipal bond of such city or town, so disincorporated, and without any charge therefor.

$2513. Any city or town which has been formed, organized, or incorporated previous to the passage of this act, or which may hereafter be formed, organized, or incorporated, and have exercised, or shall exercise, the rights and powers of a municipal corporation, and shall have in office a board of officers exercising the duties of their offices, and the legality of the formation or organization shall not have been or shall

not be legally denied or questioned within two years from date of its formation or organization, shall be deemed to be a legally incorporated city or town, and its formation, organization, or incorporation, shall not thereafter be questioned.

Taxes: collection of, after reincor

$2514. Whenever any city or town abandons its old organization and incorporates under this act, it shall be the poration. duty of the county collector to collect, in the same manner as other taxes are collected, any and all taxes of such city or town which may at the time of such incorporation have become due or delinquent, and whenever property shall have been, before such reincorporation, sold for taxes due any such city or town, and the same shall not have been redeemed nor the deed executed therefor prior to incorporation, it shall be the duty of the county collector to act in all respects regarding the redemption of such property, the collection of taxes thereon. and the execution of the deed therefor, as though the same had been sold subsequent to such reincorporation.

2515. Whenever any city or town incorporated under this act, or whenever any city or town heretofore incorporated shall reorganize under this act, after the time for making the annual assessment for taxation has passed, the council or board of trustees of each city or town may provide by ordinance or resolution for the assessment of taxable property within the corporate limits of said city or town. When such assessment is made and approved by the council or trustees, they may proceed to levy the necessary taxes for the fiscal year, which levy shall be certified by the clerk of such city or town to the probate clerk, who shall extend the same upon the tax list of the current year, as now required by section two thousand four hundred and forty, and the county collector shall thereupon proceed in the collection of such taxes in all respects as hereinbefore provided for the collection of such taxes in cities and towns. It shall not be necessary for any such city or town to pass the annual appropriation bill required by section two thousand four hundred and sixteen: Provided, That this section shall apply only to the assessment and collection of taxes for the first fiscal year after such incorporation or reorganization.

Id § 101.

Assessments.

Taxes: levy and collection of.

Proviso.
Id. § 102.

Aldermen, two to be elected; term,

2516. At the first general election in cities, after incorporation under this act, two aldermen shall be elected from how decided. each ward, and the council shall determine by lot their term of service, so that one member from each ward may serve two years, and one for one year. Thereafter one alderman in each ward shall be elected annually as provided in section two thousand four hundred and sixty-seven.

§ 2517. In all suits brought for the recovery of any fines or penalties for violation of any ordinance, it shall be sufficient to state in the complaint or affidavit, the number of the section and title of the ordinance violated, together with the date of its passage, without stating said section or ordinance in full or the substance thereof.

Id. § 103.

Complaints: suffciency of.

Id. § 104.

Organization; former may be retam

$2518. Every city or town incorporated previous to the taking effect of this act which shall choose to retain such or- ed. ganization shall, in the enforcement of the powers or the exercise of the duties conferred by the special charter or general