7553 (103). Furnish water, gas, or light to private parties.

The mayor and council shall have power by ordinance to contract with any competent party for the supplying and furnishing of water, gas or electric light, or electric power to the public or private consumers within such city, and the rates, terms and conditions upon which the same may and shall be supplied and furnished during the period named in the ordinance or contract, but no franchise shall be granted, extended or modified except as provided in this act. Any such contract exceeding the term of ten years shall be void.

7554 (104). City printing-How let.

The City Clerk shall, during the month of June of each year advertise for three days in some daily paper, for proposals for publishing in some newspaper, printed in the English language, and published in the city, all public advertisements, notices, and ordinances and all other matter on account of the city, for the period of one year and until another contract has been negotiated. Such daily paper must have been published continuously for at least five years immediately preceding the time of making the bid and must have had at least 5,000 paying, carrier delivery subscribers in said city, during at least one year immediately preceding the time of making the bid. All bids shall be directed to the city clerk and shall be presented to the council at its first meeting in July, the lowest and best bidder taking into consideration the relative circulation of such newspaper in said city, shall be awarded such contract designating the official newspaper of said city. In such contract it shall be stipulated that copies of the newspaper shall regularly be left at the office of the Mayor and City Clerk and City Attorney, as ordinarily distributed to regular subscribers. Provided further that the prices for such advertising shall in no case exceed per square of ten (10) lines, unleaded, nonpareil measurement, first insertion fifty (50) cents per square, subsequent insertions thirty (30) cents per square, each insertion; and provided further that whenever deemed advisable the mayor and council may, by resolution order any notice to be published in one or more papers in addition to the official paper at the same rates as such notice is published in the official paper. In addition to such advertisement there shall be maintained in a conspicuous place in the city hall an official bulletin board on which shall be kept typewritten or printed copies of all public notices and ordinances required to be published by law under proper classified heads, to-wit: Proposals for bids on public works; meetings of equalization boards; notices relating to franchises and all ordinances; notices and other proceedings required by law to be published. In case of the refusal or neglect of any such newspapers to advertise public notices at the rates herein named, then the posting of such notices on the official bulletin board shall, of itself be deemed as meeting all the requirements of advertisements under this chapter. All such posting to be done by the city clerk, duly witnessed on his record book by at least two persons or more. Such record book shall show the date of each posting and its expiration. The record of such posting shall be evidence that the same was done as required by this act. Provided, however, that the proof of the compliance with either of the above methods shall be held sufficient proof of publication of all official notices required by this act.

7555 (105). Contractor with city give bond.

All persons who contract with the city for work to be done, or material or supplies to be furnished, shall give bond to the city, with not less than two sureties in an amount not less than fifty (50) per cent of said contract, for the

faithful performance of the same; the sureties on said bonds shall be resident freeholders of the county within which said city is situated, and shall justify under oath that they are worth double the amount for which they may sign said bond, over and above all debts, liabilities, obligations and exemptions. mayor and council may, however, accept security from one or more reliable surety or guarantee companies for the same amount.

The mayor and city council shall, by the same ordinance that creates an improvement district for paving, repaving, curbing or guttering, direct the city clerk to advertise for and receive bids upon asphalt, stone, vitrified brick, vitrified brick block, artificial stone, macadam and such other material as may be designated by the mayor and council for such improvement, using such general terms as to admit of the widest latitude for competition. The advertisement, specifications for bids, and petitions designating material shall not specify the paving material for asphalt pavement from any particular mine, place, locality or factory, nor by any particlar name, but, shall be simply for asphalt; but in all other classes of pavement enumerated in this section, or which may be ordered by the Mayor and Council, such petitions may specify the particular kind of brick, brick block, vitrified brick, stone, and so on, which the owner of the property may desire. But all bidders shall be required to designate the locality, quarry, kiln or factory from which will be furnished the specific material to be used by them, with its commercial designation. Thereafter the city engineer shall keep in his office in convenient form, a list showing the specifications and the prices bid on the respective materials, and such list shall be published for three days in the official paper, for the information of the property owners in making their selection of the specific material they desire used in making said improvements. The improvements herein referred to shall be done by contract with the lowest responsible bidder with the material designated as hereinafter provided. All such bids shall be received and opened at the same time at a regular meeting of the city council. The council may reject any and all bids,

7557 (106a). Specification of material for paving.

In all specifications for material to be used in paving, curbing and guttering of every kind the city engineer shall establish a standard of strength, and quality to be demonstrated by physical, and chemical tests within the limits of reasonable variation such as rattler, crushing, absorption chemical and other tests, and in every instance the material shall be described in the specifications either by standard or quality as will admit of genuine competition between contractors, so that there can be at least two or more bids by individuals or companies in no manner connected with each other, and no material shall be specified which shall not be subject to such competition.

7558 (107). Street improvement districts.

The mayor anl city council shall have the authority to create street improvement districts for the purpose of improving the streets, alleys or other public grounds therein, by paving, repaving, macadamizing, curbing and guttering or recurbing and guttering, in such manner as may be determined upon. The mayor and city council shall have power to levy special taxes or assessment, on account of said improvement, on any or all property benefited thereby accordin g

to the special benents received by said property from said improvement. None of the improvements herein named shall be ordered unless there are sufficient funds on hand or authorized to pay for the improvement of the street and alley intersections and such other portions of the street or alley to be improved as are not subject to special taxation.

7559 (107, sub. 1). Street improvements ordered by ordinance.

The mayor and city council may order such improvement, except repaving, by ordinance and cause it to be made when it is embraced in any district the outer boundaries of which shall not exceed a distance of three thousand feet from any of the streets surrounding the court house grounds of the county within which such city is located.

1. For the history of the various sections relating to paving see dissenting opinion in Leavitt v. Bell, 55 Neb. 57; 75 N. W. R. 524.

2. A renewal of the entire wearing sur face of a pavement, although upon the same concrete base, is not a repairing but a repaving of a street. McCaffrey v. City of Omaha, Neb.; 101 N. W. R. 251. Robertson v. City of Omaha, 55 Neb. 718; 76 N. W. R. 442; 44 L. R. A. 534.

3. As it is mandatory to order the improvement when petitioned for, the ordi

nance declaring the necessity of the improvement is not jurisdictional. Portsmouth Sav. Bank v. City of Omaha, Neb.; 93 N. W. R. 231.

4. Under sec. 110 of the charter of 1897 the city could pave within a certain distance from the court house without a pe tition and regardless of a protest of the owners of the property to be taxed. Such proceeding is not in violation of the constitution. Kountz v. Omaha, 63 Neb. 52; 88 N. W. R. 117.

7560 (107, sub. 2). Improvements made on petition.

The mayor and city council shall have power to order any of the improveents hereinbefore mentioned, in any improvement district outside of the said three thousand feet limit, and also repaving in any improvement district within said limit, and cause the same to be made upon any street or alley, but only upon petition of the record owners of a majority of the frontage of taxable property in

said district.

1. A petition in substantial compliance with the statute is a jurisdictional prerequisite to a valid assessment of paving taxes. Harmon v. City of Omaha, 53 Neb. 164; 73 N. W. R. 671. Leavitt v. Bell, 55 Neb. 57; 75 N. W. R. 524. Portsmouth Sav. Bank v. City of Omaha, Neb.; 93 N. W. n. 231.

2. Under the charter in 1891 a petition of property owners was not required by sec. 69 except where the entire cost was to be assessed upon abutting property. State ex rel. v. Birkhauser, 37 Neb. 521; 56 N. W. R. 393.

3. Under the charter of 1887 the city was authorized to pave without a petition

of the property owners. In such case there could be no assessment for the cost of the paving. But there may be an assessment for the curbing and guttering. Orr v. City

of Omaha 2 Unoff. 771: 90 N. W. R. 301. City of Omaha v. Gsanter, 3 Unoff. 134; 93 N. W. R. 407.

4. Under sec. 69, chap. 12a, Compiled Statutes 1891, ordinary repairs of the street could not be assessed against the abutting property. A paving contract to repair imperfections in work or material held not to include ordinary repairs. Robertson v. City of Omaha, 55 Neb. 718; 76 N. W. R. 442; 44 L. R. A. 534, note.

7501 (107, sub. 3). Change of kind of pavement.

When the record owner of three fifths of the foot frontage of taxable property abutting on any street, or part thereof, heretofore paved, petition the mayor and city council to change the character of the pavement on such street or part of street, and consent to the removal of the existing pavement then, and in that case, the mayor and council shall have power, and it shall be their duty, regardless of the condition of the existing pavement, to order said street or part thereof to be repaved, in the same manner as provided herein for repaving of street.

7562 (108). Companies occupying street make proper connections.

The mayor and city council shall have power to compel any water company, gas company, or other person, corporation or firm owning or controlling any pipes or other underground conduits or other appliances, to provide for and construct all connections that may be deemed necessary for the future, to the curb or property lines in all streets or alleys to be paved, repaved or otherwise improved in such manner and in conformity with such plans as may be determined upon. And if such companies or other parties shall neglect to carry out such construction or fail to make the connections required within thirty days after the same shall have been ordered, then the city engineer shall be empowered to cause the same to be done, and for the purpose of paying therefor the cost thereof shall be deducted from such accounts as the city may have with said corporations or persons.

7533 (108, sub. 1). When city order sewerage connections.

When sewer connections for sewerage or drainage may be deemed necessary or advisable, the property owners shall be given thirty days from the publication of the ordinance ordering such improvements and connections, to make the same in conformity with approved plans, to be kept on file in the office of the city engineer, the publication of said ordinance ordering such connections in the official paper being the only notice required to be given said property owners, and upon the failure or neglect of said property owners to construct such connections within the time fixed, the city council shall cause such work to be done and shall enter into contract therefor with the lowest responsible bidder, and the cost thereof including superintendence and inspection shall be assessed against the property to which such connections have been made in the same manner as special taxes are levied for other purposes.

7564 (108, sub. 2). Time to designate paving material.

It shall be the duty of the mayor and city council to give the property owners within any district, thirty days from date of the first publication of the bids for any such improvements to designate by petition, to be filed with the city clerk, the specific material selected from those designated in bids received for paving, repaving, curbing or guttering which they desire used in the improving of the street or alley or other grounds within said district, and in case the record owners of a majority of the taxable foot frontage of property upon such street or alley to be improved within said district, file their petition within such thirty days, designating the specific material which they desire used in making such improvement, then and in that event the mayor and city council shall order said. improvement made with the specific material so designated; but in case the record owners of a majority of the foot frontage of taxable property, as aforesaid, fail to designate any specific material bid upon for said improvement within such thirty days, then and in that event the mayor and city council shall designate the class of material to be used in making such improvements, as stone, vitrified brick, vitrified brick block, asphalt or macadam, etc. and the mayor and city council shall award such contract to the lowest responsible bidder of the class so designated. The publication of the bids for such improvement as hereinbefore provided, shall be the only notice required to be given to the property owners of the time within which said petition designating choice of specific materials may be filed.

7565 (108, sub. 3). Petition for street improvements.

All petitions for improvements in this chapter provided for shall be upon printed blanks and shall describe the part of the street to be improved and the improvement desired, shall have a column for the name of the property owner, also columns for the date of each signature, the name of the addition or other description of property, the number of the lot and block and the number of feet frontage and depth; the acknowledgment of signatures shall also be on printed blanks, all of which blanks shall be furnished by the city clerk upon application. The signatures to said petitions shall have no condition attached, and all signatures shall be acknowledged before a notary public.

7566 (108, sub. 4). Material for paving-How designated.

All petitions for the purpose of designating material shall name the specific material selected from those designated in the bids received as hereinbefore provided and shall describe the part of the street to be improved, shall have columns similar to petitions for the improvements, and shall be on printed blanks furnished by the city clerk upon application. The signatures to petitions designating material must be signed, dated and acknowledged subsequent to the opening of such bids. All signatures to petitions for improvements or designating material shall be written in ink. When two or more petitions designating material containing the same signatures, are filed with the city clerk within the time provided for such filing under the provisions of this act, and before the mayor and city council have acted upon any petitions sufficient and regular in form, then the signature last signed as shall appear by the date affixed shall be recognized as the governing one on the subject referred to.

7567 (108, sub. 5). Filing of petition for improvement.

Whenever a petition for an improvement, or a petition designating material, is filed with the city clerk, he shall cause the hour, day, month, and year when so filed to be officially marked upon such petition and duly witnessed in writing by at least two persons; said city clerk shall cause said petition to be copied in a record book termed Improvement Petition Book, and shall within two days after such filing furnish to the city attorney and the city engineer each a certified copy thereof.

7568 (108, sub. 6). Petition not changed after filing.

Petitions after having been filed in the office of the city clerk shall not be returned or withdrawn; nor shall any person be allowed to add, cancel, erase, withdraw, or in any wise modify any signature, or other writing thereon. Where two or more petitions are filed for the same improvement they shall be considered and taken together as one petition.

7569 (108, sub. 7). Duty of engineer and attorney on filing of petition.

It shall be the duty of the city clerk within two days after the filing in his office of any petition for an improvement in any improvement district or any pe