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as above provided, until the newly elected officers under this act shall have qualified and entered upon their respective duties. If a majority of the votes cast at such election shall be against re-organization, then and in such case the question may again be submitted, in pursuance of the provisions of this act ; but such questions shall not be submitted oftener than once in two years.
§ 4. That the corporate limits and jurisdiction of any city which shall be orgauized under this act, and the ward boundaries thereof, as established by law, at the time of the adoption of this act, shall not in anywise be affected or changed in consequence of such city re-organizing under this act; but such limits, jurisdiction aud ward boundaries shall remain after such chauge of organization the same as at the time of such re-organization under this act, and until changed by lawful authority.
§ 5. All courts in this state shall take judicial notice of the re-organization of any city under this act, and from the time of such re-organization, the provisions of this act shall govern such city ; but all laws or parts of laws not inconsistent with the provisions of this act, and which were operative in such city prior to the adoption of this act, shall con. tinue in force and be applicable to any such city, the same as if such change of organization had not taken place.
§ 6. any city re-organizing under tbis act shall be a body politic and corporate, under the name and style of “ City of (name),” and under such name may sue and be sued, contract and be contracted with, acquire and hold real and personal property for corporate purposes, have a common seal and chauge the same at pleasure, and exercise all powers herein conferred ; and shall not, by such re-organization, be deprived of any of its former corporate powers, functions or rights, nor shall any provisions of its charter be thereby lepealed or chauged, excepting so far as the same may be modified by or are inconsistent with the provisions of this act.
§ 7. All ordinances, resolutions and by-laws, in force in any city reorganizing under this act, shall continue in full force and effect until repealed or amended, notwithstanding such change of organization; and such re-organization shall not be construed to effect a change in the legal identity, as a corporation, of such city.
§ 8. All rights and property of every kind and description which were vested in any city under its former organization, shall be deemed and held to be vested in such city upon its becoming re-organized under the provisions of this act; but no rights or liabilities, either in favor of or against such city, existing at the time of so becoining re organized under this act, and no suit or prosecution of any kind, shall be affected by such change, but the same shall stand and progress as if no change had been made: Provided, that when a different remedy is given by this act, which may properly be made applicable to any right existiug at the time of such re-organization under this act, the same shall be deemned cumulative as to the remedies before provided, and used accordingly.
$ 9. The mayor of any city which may re-organize under this act shall, within three months after the election of officers under this act, cause to be filed in the office of the recorder of deeds, in the county in which such city is located, a certitied copy of the entry made upon the records of the city of the canvass of the votes, showing the result of such election, whereby such city became so organized, and such recorder of deeds shall record the same. And such mayor shall also cause a like certiticate to be filed in tbe office of the secretary of state, who shall file the same, and keep a registry of cities re-organized under this act.
THE MUNICIPAL GOVERNMENT. SECTION 1. Such city shall have a mayor and a common council, a comptroller, a council (couuselto the corporation, a city attorney, a city treasurer, a city clerk, a commissioner of public works, a commissioner of police, a tire commissioner, a commissioner of health, one or wore police clerks, and such other officers or agents as may be provided for in this act, or the common council of said city may, from time to time, by ordinance, provide for.
§ 2. The common councii shall consist of two separate and distinct brauches, one of which shall be denominated “the board of councilors," and the other "the board of alderman [aldermen.)"
8 3. The board of councilors shall consist of fifteen members, who shall be elected from the city at large, irrespective of their places of residence within said city. The board of aldermen shall consist of three members from each and every ward in the city. No person shall be eligible to the common council unless he shall be a qualified elector, nor if, at the time of his qualitication, he shall hold any other city, county, state or pational ottice except that of notary public or commissioner of deeds; nor if he shall have been convicted of bribery or other corrupt practices or crimes; and it, after his election, he shall be convicted of auy crime, or be appointed or elected to any other city, county, state or nacional office, except that of notary public or commissioner of deeds, his office shall be thereby vacated; and no person shall be eligible to the board of alderman aldermen) unless he shall have resided in the ward for which he is elected at least six months prior to his election.
§ 4. No person shall be elected or appointed to any office in such city who is not a citizen of the United States and who shall not have resided in this state one year next preceding suchi election or appointment; and no person shall be eligible to any office or place under this or any other act iu relation to the city, who is now, or may hereafter be, a defaulter to the city, or to the state of Illinois, or any county thereof; and any person shall be considered a defaulter who has refused or neg. lected, or who may hereafter refuse or neglect, for thirty days after demand made, to account for and pay over to the party authorized to receive the same, any public money which may have come into his possession. And if any person holding any such office or place shall become a defaulter as above detined, whilst in ottice, the ottice or place shall thereupou become vacant.
§ 5. Every officer elected or appointed to any office under this act, or which may hereafter be created, by ordinance or otherwise, shall, be. fore he enters upon the discharge of his duties, take and subscribe an oath or affirmation that he will support the constitution of the United States and the state of Illinois, anu will faithfully discharge the duties of his office according to the best of his abilities; which oath or affirmation shall be filed in the office of the city clerk, excepting the oath or aftirmation taken by such clerk, which shall be filed in the office of the mayor.
§ 6. The comptroller shall, before he enters on the duties of his office, execute a bond to the city, in such sum and with such sureties as the board of councilors shall approve, conditioned that he will faithfully execute the duties of his office, and account for and pay orer all moneys and other property received by him ; which bond, with the approval of said board certified thereon by the clerk, shall be filed with the clerk.
§ 7. Any person elected to the office of councilor or alderman who shall neglect or refuse to qualify within ten days after he shall have received notice of his election, shall forfeit and pay to the city where he is so elected the sum of one hundred dollars, to be recovered by a proper action against him in the name of such city, before any court having jurisdiction of such action : Provided, however, that physical disability, or the fact that such person, at the time of his election, shall be necessarily absent from the city, in consequence of sickness or business engagements, or shall hold a city, state or federal office, or is incapacitated from holding such office, under section three (3) of article two (2) of this act, shall be a sufficient excuse for refusing to qualify as such officer.
§ 8. That the mayor, together with the following named officers : the coinptroller, the counsel to the corporation, city attorney, the commissioner of public works, the commissioner of health, the fire commissioner and the commissioner of police, shall, for the purpose hereinafter named, meet once in each and every week, and shall be known and styled “the mayor's cabinet."
§ 9. It shall be the duty of these officers, at such meetings, to consult and advise together concerning the affairs of the city, and to offer and suggest such measures as, in their opinion, will best promote and advance the interests of the city.
§ 10. Whenerer any city officer shall advertise for sealed proposals for any public work or contract of any kind whatsoever, it shall be the duty of such officer to take and lay the sealed proposals, as received by him, before the mayor's cabinet, for their consideration and approval; and such proposals shall then and there be opened and a public record made thereof, and the award, if any be made, shall be made by such ufficer, and shall, in all cases, be made to the lowest responsible bidder, whose security for the performance of the contract, in the judgment of such officer and a majority of the mayor's cabinet, shall be sufficient to insure the performance of the work or contract, according to the stipulation thereof, respectively: Provided, that no award nor the letting of any public work or contract shall be valid unless such award shall be approved by a majority of the mayor's cabinet by a vote taken by yeas and nays, of which a public record shall be made: Provided, that po bid shall be considered from any person who has heretofore failed in the performance or due execution of any contract he may have been engaged in with the city.
§ 11. No officer shall make any contract or agreement of any kind whatsoever, in behalf of the city, exceeding the sum or value of five bundred dollars, without first having obtained the approval of a majority of the officers composing such cabinet; and no sale, purchase, contract or agreement shall be made without public advertisement and letting, unless specifically directed by the common council; and the common council shall, by general ordinance, prescribe the mode of such advertisement.
§ 12. The mayor, or any two members of said cabinet, shall have the power to call sessions of said cabinet as often as he or they may deem it necessary, at which said meetings the mayor shall preside.
ARTICLE III. OFFICERS—THEIR ELECTION AND APPOINTMENT. SECTION 1. The election of city officers, under this act, shall be held on the first Tuesday next after the first Monday in November succeeding the adoption of this act, and biennially thereafter, and the officers to be voted for and chosen at such election shall be as follows: a mayor, a city treasurer, city attorney, commissioner of health, fifteen members of the board of councilors, (except as herein provided), elected from the city at large, and three members of the board of aldermen from each ward in such city; and the officers so chosen shall enter upon the duties of their respective offices on the first Monday of December succeeding their election.
§ 2. All officers of the municipal government of the city, other than those named in the first section of this article, or who may hereafter be provided for by ordinance or otherwise, shall be appointed in the manner hereinafter directed.
§ 3. The mayor, city treasurer, city attorney, commissioner of health and members of the board of councilors shall be elected by the qualified voters of the city, upon a general ticket, and the mayor, city attorney, commissioner of health and city treasurer shall hold their respective otfices for the term of two years, beginning on the first Monday of December next succeeding their election, and until their successors are elected and qualified : Provided, that no person shall be eligible to the office of mayor or city treasurer more than once in four years : And, provided, further, that no member of the mayor's cabinet shall be eligible to the office of mayor until two years after he shall have ceased to be a member of such mayor's cabinet.
§ 4. The members of the board of councilors shall, except as hereinafter provided, hold their office for the term of four years, beginning on the first Monday of December next succeeding their election, and until their successors are elected and qualified : Provided, however, that at the first meeting of said board its members shall be divided by lot in two classes, in such manner as shall be directed by said board, and the first class shall be composed of seven members, and the second class of eight members; and those members elected at the first election under this act, composing the first class, shall hold their offices for a term of two years, beginning on said first Monday of December succeeding their election, and until their successors are elected and qualified ; and those members composing the second class, shall hold their offices for a term of four years, beginning as aforesaid, and until their successors are elected and qualified, and thereafter at each biennial election those members of the board of councilors shall be elected whose terms of office in pursuance of the above classification expire at the time of such election.
$ 5. The members of the board of alderman shall be elected by wards, and each of the several wards in the city shall be represented by three aldermen in such board, who shall hold their offices for a term of two years, beginning on the first Monday of December, next succeeding their election, and until their successors are elected and qualified.
$ 6. Whenever this act shall be submitted to the lawful electors of any city for adoption, there shall be separately submitted at the same time, for adoption or rejection, the question of minority representation in the common council or legislative authority of such city. At the said election the ballots shall be in the following form : “For minority representation,” or “Against minority representation." The judges of such election shall make returns thereof to the common council, whose duty it shall be to canvass such returns, and cause the result of such election to be entered on the records of such city. If a majority of the votes cast at such election shall be "For minority representation in the common council," then, in all elections of members of the common council, such members shall be elected on the minority plan ; that is, in voting for members of the board of councilors, each voter may cast as many votes as there are members of such board to be elected at such election, and may cast such votes all for one candidate, or distribute such votes among the several candidates, as he may choose. And in voting for members of the board of aldermen, each voter may cast as many votes as there are members of the board of aldermen to be elected at that election from his ward, and may distribute such votes among the several candidates. And the intention of such voter, in voting, may be expressed on the face of his ballot in the manner provided in section 54, chapter 46, entitled “ Elections,” of the Revised Statutes of 1874, for the election of representatives to the general assembly, except that in voting for members of the board of councilors, no fractional votes shall be cast. But if at the election for the adoption of this act, a majority of the votes cast on the subject shall be “Against minority representation in the common council," then said members of the board of councilors shall be elected upon a general ticket from the city at large, by a plurality vote. And the aldermen in each ward shall be elected in each ward by a plurality vote.
§ 7. If any councilor shall remove from the city, or if any alderman shall remove from the ward represented by him, or if any member of the common council shall engage or continue in any service, business or employment causing a continuous absence from the city for more than four inonths, his office shall thereby become vacant, and whenever any vacancy from any cause shall occur in the common council, the common council shall, within ten days after such vacancy, order a new election : Provided, that more than six months of the term shall then remain unexpired.
$ 8. Whenever there shall fail to be an election of any officer voted for by the people, in consequence of two or more candidates receiving an equal number of votes for the same office, the election shall be determined by the casting of lots under the direction of and in the presence of the board of councilors, and the result shall be entered upon the records of said board.
§ 9. The qualification of all voters under this act shall be the same as now required by law at general elections.
§ 10. At least five days before the county clerk is or may be required by law to give notice of election, the city elerk shall notify the county clerk of the county in which such city is situated, (of the officers to be elected for such city at the ensuing election, and upon receiving such notice such county clerk shall include the same in the notice required to be given under the election laws of the state, and such city officers shall be voted for on the same ballots with the county officers then to be elected, and the returns of such election shall be made to the county clerk with other county officers, and the votes shall be canvassed as is provided by law for county elections: Provided, that before proceeding to canvass such votes, the county clerk shall notify the city clerk to be