authorize the passage of an ordinance then Neb. -; 102 1. A call for a special meeting "for consideration of reports, resolutions, and ordinances on first, second, and third reading and passage" is sufficiently definite to 7462 (13). Penalty for absence-Failure to report. Every member of the city council or of any committee thereof to whom any matter shall be referred shall report thereon within not to exceed thirty (30) days from the date of reference. Failure to so report, excepting on account of sickness, shall be regarded as neglect of duty, and subject such member, upon conviction thereof, to a fine of not to exceed fifty dollars ($50.00) for each and every day he shall neglect to make such report. It shall be the duty of each councilman to attend such regular meeting and each day that the council sits as a board of equalization. Each councilman who is absent from any of such meetings shall forfeit to the city the sum of ten dollars for each absence and said sum shall be deducted from the warrants issued for the monthly salary of such councilman. Provided the council may grant a leave of absence prior to any of said meetings and may at the next regular meeting excuse any such absence on the ground that the councilman was ill or was necessarily and unavoidably detained at the time of such absence. The journal of the council shall be conclusive evidence of such absence or excuse or leave of absence. It shall be the duty of the City Clerk to certify to the Comptroller on the first day of each month the name of each councilman absent during the prior month from any of such meetings of the council without leave or excuse granted as aforesaid and the number of meetings absent, and it shall be the duty of the comptroller to deduct the sum of ten (10) dollars for each such absence from the monthly salary warrant of such councilman. 7463 (14). Compel attendance of witnesses. The council, or any committee of the members thereof, shall have power to compel the attendance of witnesses for the investigation of matters that may come before them, and the presiding officer of the council or the chairman of such committee for the time being, may administer the requisite oaths, and such council or committee shall have the same authority to compel the giving of testimony as is conferred on courts of justice. 7464 (15). Enactment of ordinances. The enacting clause of all ordinances shall be as follows: "Be it ordained by the city council of the city of ... ..". All ordinances of the city shall be passed pursuant to such rules and regulations as the council may prescribe: Provided, That upon the passage of all ordinances the "yeas" and "nays" shall be entered upon the record of the city council, and a majority of the votes of all the members of said council shall be necessary to their passage; Provided, further, That no ordinance shall be passed the same day, or at the same meeting it is introduced, nor within one week thereafter, except the general appropriation ordinances for salaries or wages. 7465 (16). Franchise must pay annuity. No ordinance granting extending or modifying the conditions of any franchise shall be passed until at least two weeks shall have elapsed after its introduction, nor until after the same has been published daily for two weeks in two established daily papers of the city. No new franchise shall hereafter be * granted, nor any extensions of franchises heretofore granted, be lawful unless an annuity to the city be provided, based upon either a fixed reasonable amount per year, or a percentage on the gross earnings of the owners of said franchise, nor until a proposition for the same has been submitted to a vote of the electors of the city at a general city election, or a special city election called for that purpose, and to carry such a proposition it shall require a majority of the electors voting on such proposition. 1. This section permits the mayor and council to determine the amount of annuity to be required, but the amount must be reasonable. Clark v. Interstate Independent Tel. Co., Neb. -; 101 N. W. R. 977. 7466 (17). Proof of ordinances. 2. An ordinance extending the time for purchase of the plant of a water company is an ordinance extending a franchise, and must be submitted to popular vote. Poppleton v. Moores, 62 Neb. 851; 88 N. W. R. 128; Neb. -; 93 N. W. R. 747. All ordinances of the city may be proven by a certificate of the clerk under the seal of the city, and when printed or published in a book or pamphlet form, and purporting to be published or printed by authority of the city council, shall be read and received in all courts and places, without further proof. 1. This method of proving an ordinance is not exclusive. It may be proved by the introduction of the original ordinance. Johnson v. Finley, 54 Neb. 733; 74 N. W. R. 1080. 7467 (18). Salaries and fees. The several officers herein named shall receive the following compensation and they shall give bonds for the faithful and honest discharge of their duties in the amounts herein specified: 1. In this section the salary of police judge is omitted. The salary, duties, and term of office of this officer are fixed by the act of 1903. See 7668 to 7682. 2. The salaries of city treasurer and city tax commissioner are omitted. It is pro vided that the county treasurer shall be 7468 (19). Pay of firemen and policemen, Each policeman and fireman hereafter appointed shall receive the following compensation: For the first six months service the sum of fifty dollars per month; for the second six months service fifty-five dollars per month; for the third six months service sixty dollars per month; for the fourth six months, sixty-five dollars per month; for the fifth six months, seventy dollars per month, for the sixth six months seventy-five dollars per month, after three years continuous service they shall receive the sum of eighty dollars per month. Each Captain of the police and fire departments shall receive not less than ninety dollars per month and not more than one hundred and ten dollars per month, to be fixed by the board of fire and police commissioners. Each officer of the police and fire departments and each engineer of fire engines under the rank of chief or assistant chiefs or captains shall receive the sum not exceeding ninety dollars per month, to be fixed by the board of fire and police commissioners. No policeman shall be allowed fees as a witness in any criminal case tried in any court of this city, nor shall any officer or employe of the city be allowed any fees as witnesses for the city in any civil or criminal case. 1. The amendment relating to witness fees of policemen held void because not clearly expressed in the title of the act of 1893. Douglas County v. Hayes, 52 Neb. 7469 (20). Pay of fire and police commissioners. Each member of the board of fire and police commissioners appointed by the governor shall receive the sum of eight hundred ($800.00) dollars per year for their services as commissioners and as members of the license board. Said sum shall be paid out of the police fund and shall be full compensation for their services as members of such boards. 7470 (21). Pay of special officers and agents. The compensation or salary of all officers and agents of the city not herein specified, shall be fixed and determined by ordinance, and shall not be increased or diminished during the term for which such officer or agent shall be appointed. 1. The salary of a police judge can not increased or diminished during his term. The office is created by the consti De 7471 (22). No extra pay to officers. tution, and the salary is governed thereby. No officer shall, directly or indirectly, be allowed any further or greater compensation for his official services than is allowed herein, nor shall any officer named herein take or receive therefor, directly or indirectly, any further or greater compensation for such services, than is provided as aforesaid. All claims of employes or appointees for extra compensation overtime or traveling expenses shall be presented as a claim against the city and shall not be included in the salary appropriation ordinances. Provided: that any officer may perform the duties of any other officer, but in such case he shall be entitled only (except in the case of the president of the council when acting as mayor) to the compensation of that office to which the greater salary is attached. 7472 (23). Penalty for voting for extra pay. If any such officer shall violate any of the foregoing provisions of this act, or if any member of the council shall vote for any further allowance to any officer whose salary is fixed by this act, or to the members of the council, the same shall constitute malfeasance in office and be deemed a misdemeanor, and upon conviction thereof in a court of competent jurisdiction, shall be fined in a sum not exceeding one thousand dollars ($1,000), or be imprisoned in the county jail not exceeding one year; and he shall moreover be removed from office by the court rendering judgment of conviction against him. 7473 (24). Pay roll-How certified-Allowed. On Monday of each week, each department and board shall certify to the Comptroller his pay roll of day laborers employed during the preceeding week and the comptroller shall audit said pay rolls and prepare the necessary appropriation ordinance for the payment of such laborers. Such ordinance shall be presented to the council on the following Tuesday and may be passed at the same. meeting. On the passage of such appropriation ordinance, the comptroller shall issue warrants to such laborers. 7474 (25). Mayor-Jurisdiction outside of city. The mayor shall be the chief executive officer and conservator of the peace throughout the city, and shall have power by and with the concurrence of the board of fire and police commissioners, to appoint any number of special policemen which he may deem necessary to preserve the peace of the city, and to dismiss the same at pleasure. He shall have such jurisdiction as may be vested in him by ordinance over all places within three miles of the corporate limits of the city, for the enforcement of any health quarantine ordinance, or regulation thereof. 7475 (26). Mayor appoint officers. The mayor shall have power by and with the consent of a majority of the entire council to appoint all officers that may be deemed necessary for the good government of the city, unless otherwise provided for in this act; and he shall have power in like manner to remove from office, by and with the consent of the council, any person or persons so by him appointed thereto, and in like manner to fill vacancies in offices so created when not otherwise specially provided for in this act. 1. Where the power of removal is reserved in the appointing power without the necessity of making charges it may be exercised by the appointing power, even 7476. Mayor's duties in enforcing law. before the expiration of the term. State ex rel. Gapen v. Somers, 35 Neb. 322; 53 N. W. R. 146. He shall have the superintending control of all the officers and affairs of the city, except when otherwise specially provided. He may, when he deems it necessary, require any officer of the city to exhibit his accounts, or any other papers, and to make report to the council in writing, touching any subject or matter he may require, pertaining to his office. He shall, from time to time, communicate to the city council such information and recommend such measures as in his opinion may tend to the improvement of the finances, police, health, security, ornament, comfort and general prosperity of the city. He shall be active. and vigilant in enforcing all laws and ordinances of the city, and shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty. He shall give written notice to the city clerk of his intended absence before leaving the city. 7477 (28). Mayor approve appropriation ordinance. Every resolution adopted, or contract approved, by the city council, appropriating or involving the expenditure of money, and every ordinance passed by the city council, shall, within forty-eight hours after the action of the city council, be presented to the mayor for his approval, and he shall have at least three days thereafter for the consideration thereof. If he approves the resolution, contract or ordinance, as the case may be, he shall sign the same and return the same to the city clerk, and so report to the council at the next regular meeting after the expiration of the time herein limited. If he does not approve the same he shall return the same with his objections in writing to the city council at its next regular meeting, after the expiration of the time herein limited. When any ordinance, contract or resolution shall be returned without the approval of the mayor, the council shall thereupon, before entering upon any other business, and before adjourning, consider whether the same shall be approved, notwithstanding the objections of the mayor. If two-thirds of all the members elected shall vote in the affirmative, such ordinance, contract, or resolution, shall be considered approved, and shall take effect and be valid in the same manner and with like force as if it had received the approval of the mayor; and should the mayor fail, neglect, or refuse to approve any ordinance, contract or resolution, or return the same with his objections in writing within the time herein limited, the same shall take effect and be valid in the same manner and with like force as if approved by him. The mayor may veto an appropriation ordinance or any single item in any such ordinance, and if such item be not passed over his veto, such item shall be stricken out and shall not be paid by the city. 1. Liability of municipal corporations on defective, voidable and void contracts. Paper by Eugene McQuillen, 52 C. L. J. 44. 7478 (29). Who act in mayor's absence. When any vacancy shall happen in the office of mayor by death, resignation, removal from office, refusal to qualify, or otherwise, the president of the council for the time being shall be ex-officio mayor and shall have all the rights, privileges, powers and salary of the mayor until such vacancy be filled, but during said time he shall receive no salary as councilman; in case of the disability, sickness or absence of the mayor, the president of the city council shall perform the duties of the mayor and shall receive his salary as councilman and a sum equal to one half of the mayor's salary. wise" includes the case of ineligibility of the candidate receiving the highest number of votes. State v. Moores, 58 Neb. 285; 78 N. W. R. 529. 1. Under sec. 75 of the act of 1897 providing that the president of the council shall "exercise the office of mayor" "in the event of removal from office, refusal to qualify, or otherwise," the term "or other7479 (30). Treasurer-Duties-Responsibility. The treasurer shall be collector of taxes for the city. He and his sureties shall be liable on his bond for the safe keeping of all public funds collected or received by such treasurer, and for all taxes and assessments not collected by him according to law, whenever such taxes or assessments remain uncollected by him, by reason of any neglect of duty, want of due diligence, or failure on his part to comply with the laws and ordinances relating to the collection of taxes. treasurer shall be ineligible to office for more than two consecutive terms. 7480 (31). Treasurer-Deputies-Powers. The The powers, rights, duties and proceedings of the city treasurer and of such deputies as he may appoint shall in all respects, as far as applicable, and except |