7494 (44). City engineer inspect improvements.

When any improvement mentioned in this act is completed according to contract, it shall be the duty of the city engineer to carefully inspect the same, and if the improvement is found to be properly done, such engineer shall accept the same and forthwith report his acceptance thereof for the confirmation or rejection of the mayor and city council. When the contract for such works provides for the acceptance thereof in front of or along any block or piece of ground, the engineer may accept the same in sections from time to time, if found to be done according to contract, reporting his acceptance as in other cases. 7495 (45). Assistant city engineer.

The city engineer shall appoint an assistant engineer whose term of office shall be co-ordinate with that of the city engineer. Such assistant engineer shall act under the direction and control of the city engineer, and shall, in the event of the sickness, disability or absence of the city engineer, in addition to other work required of him, be empowered to perform all the duties devolving upon the city engineer.

7496 (46). City engineer supervise public work.

The city engineer shall have general supervision of public works, directed to be done by the mayor and city council except street cleaning and ordinary street repair grading, and except as otherwise provided herein, and shall cause to be kept complete records and accurate accounts of the same. He shall investigate all complaints relating to public work and report his findings with his recommendations to the mayor and city council for their decision and direction. He shall appoint all inspectors, laborers and all other employes necessary to carry out the provisions of this section, subject to the extent and limit of the funds provided by the ma or and city council for the purpose; and shall present the names of all such inspectors, laborers and all other employes to the city council for confirmation. The compensation shall be fixed by the mayor and city council before said inspectors, laborers and all other employes shall enter upon their duties as such. And no inspector, laborer or other employe shall receive any compensation whatsoever for services rendered prior to such fixing of the compensation and confirmation. He shall keep a record of the services of all inspectors, laborers and all other employes and certify to the pay roll of such inspectors, laborers and all other employes to the city comptroller monthly, or oftener if required, and when any work shall be completed he shall promptly file with the comptroller a certified statement of the cost of inspection to be charged to such work. He shall see to the enforcement of all measures for the protection of the city against any damage or liability by reason of any and all work done upon the surface of streets and alleys. He shall make all temporary repairs ordered by the mayor and city council. He shall have power to dismiss any inspector, and shall also have power to dismiss any other employe under his supervision when their services shall no longer be required, or for other good and sufficient reason. The mayor and council may at any time by concurrent resolution dismiss any or all such inspectors or employes.

7497 (47). City engineer supervise sewers and other work in streets.

He shall supervise all sewer work and the construction, maintenance, cleaning and repairing of public sewers, culverts, drains, conduits and subways; also water, gas, conduit and subway trenches or other works under the surface of the streets done under permit, or otherwise, in the city. He shall keep a classified * record of the relative cost of the maintenance, repair and cleaning of streets and sewers, and also of the character and condition of sewers, streets and viaducts

throughout the year. He shall be empowered, where necessary for the furtherance of public works or the abatement of nuisance, to cause the temporary suspension of the use of water, gas, sewer, or other service, or to cause the temporary removal of or discontinuance of railway tracks, or street car or other travel. He shall receive all complaints of sewer stoppage and investigate the same at once, and keep a record of all such cases and the facts connected therewith. He shall prepare plans, specifications and contracts to be approved by the mayor and council for all public works to be done under his supervision, and he shall change or modify such plans and specifications when directed by the mayor and council. 7498 (48). Inspector of buildings, plumbing, and boilers.

In each city there shall be a building inspector, a plumbing inspector and a boiler inspector. The building inspector shall be chief of said inspectors and have the direction of all office and other work, and also the records and permits. issued by said inspecters. The building inspector shall be an architect of not less than seven years practice in designing and superintending the construction of buildings, or an experienced house builder and mechanic of ten years practice as a building contractor or superintendent of building construction. Permits for building construction, plumbing work and certificates of boiler inspection. shall be issued through the building inspector and countersigned by each of the inspectors for the respective work inspected and supervised by them. Permits and inspection certificates shall only be issued upon presentation of the receipt. of the city treasurer by the applicant, showing that the required fee therefor has been paid into the city treasury. The building inspector shall report to the city council on the first day of each month, and transmit therewith an abstract of all receipts filed for permits and certificates of inspection issued. The building inspector shall have charge of the enforcing of all ordinances pertaining to party walls or the erection, construction, alteration, removal or repair of building, their proper ventilation, also the plumbing work and the arrangement of heating appliances and construction of boilers. The plumbing and boiler inspectors shall be competent mechanics, skilled in their respective work, and possessed of at least five years practical experience therein. Before any building which shall have been condemned shall be torn down, or any final action towards the tearing down of any improper work upon which the city might be held liable, shall be taken, the building inspector shall first report the facts to the city council for final action. In all building contemplating the use of electrical machinery or appliances, the building inspector shall consult the city electrician and obtain from him a written opinion as to the proper precautionary measures to be enforced, and file the same with the records pertaining to such building, and when such building shall be completed the city electrician shall, after inspection, notify the building inspector of the results of his investigation, and the building inspector shall thereupon take such action as the facts shall warrant. The building inspector, the plumbing inspector and boiler inspector shall in addition to the duties herein named, perform such other duties as may be required by this act or by ordinance. The building inspector before he approves any plans for any building or any addition to any building, shall submit such plans to the health commissioner and secure his approval of the sanitary features of such proposed work.

7499 (49). Health commissioner-Inspection of foods.

The health commissioner shall have the qualifications of a physician under the laws of this state. He shall be the city physician and execute and enforce all laws of the state and ordinances of the city relating to matters of health and sanitation and all rules and regulations of the city relating to the public health. He shall make reports to the city council as by them directed, of his official acts,

doings and proceedings and receive and execute their orders, directions and instructions. He shall have charge, control and supervision of all sanitary and health affairs of such city, including the removal of dead animals and garbage, sanitary condition of streets, alleys and vacant grounds, of stock yards, wells, cisterns, privies, water closets, cess pools and stables, of houses, tenements. manufactories and all public and private grounds and buildings of every sort, and of any and all buildings and places not specified, where filth, and offensive matter is kept or is liable to, or does accumulate. The health commissioner shall have power to enter and inspect any and all premises for the detection, correction or extermination of nuisances, contagious or infectious diseases, or the improvement of the sanitary condition of said premises. Inspectors of meats, milk, food and of any and all other matter and things relating to the sanitary condition of such city except as herein otherwise provided shall be under the control and direction of the health commissioner. His duties as city physician shall be to attend prisoners in the city jail, and to attend cases of accidents and other emergency cases coming under the attention of the police, but such care and attendance shall cease when they shall be able to be removed to the county hospital.

7500 (50). Tax commissioner abolished.

The office of Tax Commissioners shall be abolished on the 3rd Monday after the first Tuesday in May, 1906; and the present incumbent of said office shall complete the records of his office and on said date shall deliver the same to the city clerk and he shall perform such other duties as may be required by the city council, and after the taking effect of this act, and during the remainder of his term he shall receive the same salary as is provided for such officer by the law hereby repealed.

1. Under sec. 98 of the charter of 1897 the tax commissioner must accept the value of the fractional part of a railroad situated within the city as assessed by the state board of equalization, and such method does not violate the requirement of uniformity of taxation within a district.

7501 (51). City electrician.

State ex rel. v. Back, Neb.; 100 N. W. R. 952. But such assessment may be equalized by the city council.

2. Prior to 1887 the city clerk made the assessment rolls from the county assessment. See Phoenix Ins. Co. v. City of Omaha, 23 Neb. 312; 36 N. W. R. 522.

The city electrician shall be a practical electricial engineer, of not less than five years actual experience as superintendent of electrical construction work. or electric light or power station. He shail thoroughly understand the principles of telegraph, telephone and electric light and power construction. The appointment of the mayor must be accompanied with an exhibit of the several works and their nature which have been supervised by such appointee. He shall have charge of all city electric light, telephone and telegraph lines and plants, and the supervision and inspection of all electrical appliances within the city, and shall have power to enforce all rules and regulations of the city in connection with their use and construction. He shall inspect all public electric lighting of the streets and other public grounds and perform such other duties as may be required by ordinance.

7502 (52). Nuisances-Contagious diseases.

The mayor and council shall have power to define, regulate, suppress and prevent nuisances. The mayor and council shall not create a board of health except in cases of a general epidemic but may co-operate with the boards of health provided by the laws of the state any [and] may appropriate moneys for such purposes. The mayor and council may provide rules and regulations for the

care, treatment, regulation and prevention of all contagious and infectious diseases, for the regulation of all hospitals, dispensaries and places for the treatment of the sick for the sale of dangerous drugs, for the regulation of cemeteries and the burial of the dead. The jurisdiction of the council in enforcing the foregoing regulation shall extend over such city and over all grounds and property within three miles thereof.

7503 (53). Advisory board and board of public works abolished.

Upon the taking effect of this act the Advisory Board and the Board of Public Works heretofore existing in cities of the metropolitan class shall cease to exist, and the records of said board shall be placed in the custody of the city engineer and thereafter be subject to the control of the mayor and council.

1. The city is not liable for the torts of a board appointed to inspect buildings, even though it has ratified the action of the board in destroying a building. Murray v. City of Omaha, 66 Neb. 279; 92 N. W. R. 299.

2. A city is not liable for the torts of an independent board created by the charter

or by general law to perform some general service, even though it perform duties ordinarily imposed upon the city and the members of the board are appointed by the city. Murray v. City of Omaha, 66 Neb. 279; 92 N. W. R. 299.

7504 (54). Board of park commissioners.

In each city of the metropolitan class there shall be a board of park commissioners who shall have charge of all the parks and public grounds belonging to the city, with power to establish rules for the management, care and use of public parks, park ways and boulevards, and it shall be the duty of said board from time to time to devise, suggest and recommend to the mayor and council a system of public parks, parkways and boulevards or additions thereto within. the city, or within three miles of the limits thereof, and to designate the lands, lots or grounds necessary to be used, purchased or appropriated for such. purpose.

7505 (55). Park commissioners-Appointment-Qualification.

Said board of park commissioners shall be composed of five members, who shall be resident freeholders of such city and who shall be appointed by the judges of the district court of the judicial district in which such city shall be situated. It shall be the duty of said judges, a majority concurring, to appoint or re-appoint, one of said board each year on the second Tuesday of May, and to fill for the unexpired term any vacancies existing in the board. A majority of all the members of the board of park commissioners shall constitute a quorum. 7506 (56). Park commissioners-Duties.

It shall be the duty of said board of park commissioners to lay out, improve and beautify all lands, lots, or grounds now owned, or hereafter acquired for parks, parkways, or boulevards. They may employ a secretary and such landscape gardeners, superintendents, engineers, keepers, assistants or laborers, as may be necessary for the proper care and maintenance of such parks, parkways or boulevards, or the improvement or beautifying thereof, to the extent that funds may be provided for such purpose. The members of said board at its first meeting each year after the first Tuesday in May shall elect one of their own members as chairman of said board. Before entering upon their duties each member of said board shall take an oath to be filed with the city clerk, that he will faithfully perform the duties of his appointment and in the selection or designation of lands, lots or grounds for parks, parkway or boulevards, and in making appointments, he will act for the best interests of such city and for the public, and will not in any manner be actuated or influenced by personal or

political motives. The members of said board shall receive no compensation and shall serve without cost to the city.

7507 (51). Parks-Land for-How acquired.

It shall be the duty of the mayor and council to take such action as may be necessary for the appropriation of the lands, lots or grounds designated by said park board, the power to appropriate lands, lots or grounds for such purpose being hereby conferred on the mayor and council, and for the purpose of making payments for such lands, lots or grounds so appropriated, or purchased, as hereafter provided, assess such real estate as may be specifically benefitted by reason of the appropriation or purchase thereof for such purpose, and issue bonds as may be required for such purpose, to the extent and amount required in excess of such assessment. And the mayor and council are further authorized upon the recommendation of said park commissioners and with their concurrence to purchase in the name of said city, lands, lots, or grounds within the limits herein designated to be used and improved for parks, parkways, or boulevards, notwithstanding said limits include lands, lots, or grounds within the corporate boundaries of other cities or villages, and if such lands, lots or grounds are in the limits of other cities or villages, said cities or villages shall cease to have jurisdiction over the said lands, lots or grounds after the said lands, lots or grounds are acquired for parks, parkways or boulevards as aforesaid by gift, purchase, condemnation or otherwise.

7508 (58). Board of fire and police commissioners.

In each city of the metropolitan class, there shall be a board of fire and police commissioners, to consist of the mayor, who shall be ex-officio chairman of the board, and four electors of the city who shall be appointed by the governor, not more than two of whom shall be of the same political faith or party allegiance. On the last Tuesday in March in 1905, and on the same day in each year thereafter, the governor shall appoint one commissioner in each city governed by this act, to take the place of the commissioner whose term of office expires on the first Monday in April following such appointment, and those so appointed to succeed others shall serve for the term of four years, follewing the first Monday in April after their appointment, except where appointments are made to fill vacancies, in which cases those appointed shall serve the remainder of term of the persons whose vacancies they are appointed to fill. Whenever a vacancy shall occur in any board of fire and police commissioners either by death, resignation, removal from the city or any other cause, the governor shall appoint a commissioner to fill such vacancy.

1. For history of amendments of this section see State v. Bemis, 45 Neb. 724; 64 N. W. R. 348.

2. The provision that the governor shall appoint police commissioners is valid. Simeral v. Seavey, 22 Neb. 454; 35 N. W.

R. 228. State ex rel. Atty. Genl. v. Bemis, 45 Neb. 724; 64 Neb. 348. State ex rel. v. Broatch, Neb.; 94 N. W. R. 1016. Contra State v. Moores. 55 Neb. 480; 76 N. W. R. 175, overruled in Redell v. Moores, 63 Neb. 219; 88 N. W. R. 243.

7509 (59). Who not eligible to board of fire and police commissioners.

No person shall be appointed a police commissioner who is engaged in the sale of malt, spirituous or vinous liquors, or who is engaged in the business of dealing in tobacco or articles manufactured therefrom, or who is an agent for any fire insurance company or companies, or interested therein, or in the business of soliciting fire insurance, or who shall have been engaged in any of such callings or business within one year previous to the date of appointment. No person shall be qualified to hold the office of police commissioner, while he holds any county, city or school district office. A majority of said board shall con