tition designating the material to be used in any improvement, to deliver to the city attorney and to the city engineer, each certified copy of said petition, and it shall thereupon be the duty of the city attorney to examine said petition and certify to the city council whether or not the said. petition and the signatures thereon are in due form of law, and how many feet frontage of taxable property within said district are legally signed for by the record owners thereof upon said petition; and it shall be the duty of the city engineer to examine said petition and certify to the city council the total foot frontage of taxable property within said district and whether or not the foot frontage of the taxable property signed for upon said petition is correctly stated, and he shall attach to and make a part of such certificate a plat of said improvement district. Such certificates when filed in the office of the city clerk shall be prima facie evidence of the truth and correctness of the matter therein certified. If the certificates of the city attorney and city engineer show the petition for any improvement to be irregular, illegal or insufficient, the property owners within such district may at any time file supplemental petitions for such improvement and such supplemental petitions shall be considered and taken as a part of the original petition. Certified copies of such supplemental petitions shall be delivered to the city attorney and city engineer for their examination and certification as in the case of the original petition.

7570. (108, sub. 8). Protest by property owners.

If the certificates of the city attorney and the city engineer show that the petition is regular, legal and sufficient as hereinbefore provided, then the city council shall by resolution direct the city clerk to cause a copy of said petition to be published for three (3) days in the official paper of the city, with a notice thereto attached directed to the property owners generally in said district that they shall have twenty (20) days from the first day's publication of said petition and notice to file a protest in the office of the city clerk against the regularity or sufficiency of said petition, or any signature thereon. This provision shall apply only to petitions for an improvement and shall not apply to petitions for the designation of materials to be used in making said improvement.

7571 (108, sub. 9). Protest sworn to-Supplemental petition.

The property owners in any improvement district shall have twenty (20) days from the first day's publication of said petition and notice as hereinbefore provided to file with the city clerk a protest against the regularity, legality or sufficiency of said petition or any signature thereon: which protest shall be verified by the party making the same, who shall state under oath and set forth with particularity all the defects in said petition, and if relating to the ownership of any property, shall give the name and address of the true owner thereof, and shall state under oath that said protest is made in good faith. At any time within ten (10) days after the expiration of the time for filing a protest, supplemental petitions for the improvement may be filed and when so filed shall be considered as a part of the original petition, but the property owners within such districts shall have ten (10) days from the date of the filing of such supplemental petitions in which to file a protest against the regularity, legality or sufficiency of any of the signatures thereon or against the original petition as so supplemented. No further notice of the filing of such supplemental petition shall be required and such supplemental petition need not be published. When any such protest has been filed with the city clerk within the times hereinbefore specified, the improvement pe titioned for shall not be ordered until the city council shall have given the party protesting a hearing upon such protest and shall have upon the evidence, found, adjudged and determined said petition to be regular, legal and sufficient, and not

then until after the time has expired for perfecting an appeal from said finding judgment and determination.

7572 (108, sub. 10). Council give hearing on protest.

In case a protest is filed, the city council shall have power and it shall be their duty to hear and by resolution determine and adjudicate the objections raised by any protest and all matters relating to the regularity, legality and sufficiency of such petition and supplemental petition at a special meeting called for that purpose, but only after giving notice to the party protesting of the time, place and purpose of the said meeting of said council. Such notice shall be by publication in the official paper of the city for three (3) days prior to said meeting, unless said notice is waived in writing.

7573 (108, sub. 11). Proceedings where no protest.

In case no protest is filed within the time hereinbefore provided, the city council shall have the power at any regular or special meeting, without further notice. to find, adjudge and determine by resolution that such petition is regular, legal and sufficient.

7574 (108, sub. 12). Appeal from finding of council.

In either case, such resolution of determination and adjudication shall be final and binding as the final order, judgment and determination of a court of inferior jurisdiction; and after the passage of such resolution adjudging said petition to be regular, legal and sufficient, no court shall entertain any action for the purpose of attacking the regularity, legality or sufficiency of such petition, except upon appeal as hereinafter provided. If said resolution adjudges and determines sucla petition to be regular, legal and sufficient, the mayor and city council shall have power and jurisdiction to order the improvement within said improvement district by ordinance, provided the party protesting does not within ten (10) days from the date of the passage of said resolution perfect an appeal to the district court from said finding, judgment and determination of the city council as hereinafter provided.

7575 (108, sub. 13). Protestant must give bond to appeal.

Any person protesting against a petition for an improvement as hereinbefore provided shall have the right within said ten (10) days to appeal from such finding, judgment and determination of the city council to the district court of the county within which such city is located, but only upon filing with the city clerk a good and sufficient bond in the sum of two thousand (2,000) dollars with two or more sureties thereon, to be approved by the clerk of said city, conditioned that the said party so appealing shall prosecute his appeal in said district court without delay and shall if the judgment of the city council is sustained pay all costs and expenses of such appeal and pay to the defendant city a reasonable amount, to be fixed by the district court, as attorney fees, and all damages sustained by reason of such appeal. The remedy by appeal herein allowed shall be deemed and held to be exclusive. In case the city council shall by resolution adjudge and determine the petition to be irregular, illegal or insufficient the said petition shall have no further force and effect, and shall not be considered in any future proceeding connected with such improvement.

7576 (109). Grade of street or alley-How established.

The mayor and council shall have power by resolution to establish the grade. of all streets and alleys without a petition of the owners of the abutting property. When such grade has been established it may be changed only as provided in this act.

7577 (110). Grade-How changed.

The mayor and council may by resolution declare the necessity of a change of grade of any street or part of street according to a plat and specifications prepared by the city engineer and kept on file in his office. Such resolution shall further provide that the grades on such street, streets, or part thereof will be changed as proposed unless sufficient owners protest against such change within thirty days. Such resolution shall be published in the official newspaper for five consecutive days. The council may provide for additional notices to be served upon interested property owners or posted in conspicuous places along such street or for notice by mail, but the failure to give such additional notices shall not invalidate such proceedings.

7578 (111). Protest against change of grade.

If the record owners of property representing forty per cent of the taxable property abutting on the street or streets affected by the proposed change of grade, file protests with the city clerk within thirty days from the approval of such resolution or within such further time fixed in such notice, no further proceedings shall be had unless the record owners of a majority of the frontage of such taxable property, shall file a petition for such change of grade.

7579 (112). Change of grade on petition.

The mayor and council may also order a change of grade by ordinance and without the adoption or publication of a resolution as above provided, when a petition for such change of grade has been signed by the record owners of a majority of the frontage of taxable property abutting on the street or part of street affected by the proposed change of grade. Such petition and ordinance may include all intersecting streets for a distance of not more than one block on either side of said street

1. Under the charter provisions of 1889 two or more streets could not be united in a street improvement district, and the

power to unite two or more streets will not be implied. Hutchinson v. Omaha, 52 Neb. 345; 72 N. W. R. 218.

7580 (113). One-half of costs of grading assessed to lots.

The mayor and council may order any street or streets, or parts thereof worked or reduced to the established grade by resolution; permitting protests and petitions, or by ordinance upon a petition of the record owners of a majority of the frontage of taxable property, in the same manner as provided above for changng the grade of streets, and assess one-half the cost thereof upon the abutting and adjacent property according to the benefits accruing by reason of such grading. No street, or part thereof shall be graded to less than its full width, or to other than the established grade except upon the petition of record owners representing the majority of the frontage of taxable property abutting upon said street or part thereof.

7581 (114). Whole cost of grading assessed to lots.

But the city council shall order the grading of any street or streets, or parts thereof, on the petition of the record owners representing sixty per cent of the frontage of the taxable property abutting on said street, or streets, requesting such grading to be done without cost to the city. In such case the entire cost of such grading shall be assessed upon the property benefited.

7582 (115). Damages where change of grade.

Before the adoption of an ordinance changing the grade of any street or an ordinance ordering any street or streets reduced to the established grade, the council shall appoint a committee of at least three members of the council to

make an appraisement of the damages arising from such change of grade or such grading. They shall take into consideration the amount of the special benefits, if any arising from such change of grade or grading, and shall file their report in writing with the city clerk within ten days from the date of their appointment. In appraising the damages for grading they shall exclude any damages resulting from any change or changes of the first established grade.

1. The requirement that the amount of 3. A purchaser of a lot on a street havdamages shall be ascertained before changing an established grade who makes iming the grade of a street is mandatory. McGavoch v. City of Omaha, 40 Neb. 64; 58 N. W. R. 543. Hurford v. City of Omaha, 4 Neb. 336. John v. Connell, 61 Neb. 267; 89 N. W. R. 806.

2. The award of damages upon the change of an established grade must show affirmatively that both the damages and special benefits were considered and that the award represents the balance in favor of the property owner. Smith v. City of Omaha, 49 Neb. 883; 69 N. W. R. 402.

provements with reference to the natural surface can not recover damages caused by the street being worked or filled to the established grade. City of Omaha v. Williams, 52 Neb. 40; 71 N. W. R. 970.

4. The publication of an ordinance directing the appointment of appraisers in proceedings to change the grade of a street is not sufficient to give the property owner notice of the time and place where the appraisers will meet. McGavock v. City of Omaha, 40 Neb. 64; 58 N. W. R. 543.

7583 (116). Appeal from change of grade.

Any owner of property abutting on said street who files a written protest before the adoption of such report by the council may appeal within thirty days after the adoption thereof but such appeal shall not operate to stay the passage of the ordinance changing such grade or ordering such grading.

7584 (117). Damages for change of grade.

All damages for change of grade or for grading, shall become due and payable sixty days after the creation of a special fund therefor by the assessment of such damages upon the property benefited by such change of grade or grading.

7585 (118). Petition for-Protest against change of grade.

All petitions for changing the grade of streets or for grading streets, shall contain a waiver of damages, and all petitions or protests must conform to the requirements of this act relating to the form of petitions for street improvements. The above provisions shall not apply to ordinary repairs of streets or alleys or to such minor fills or cuts as may be necessary to adjust, construct or repair sidewalks.

7586 (119). Damage for change of grade-How assessed.

The council shall have power, and is hereby authorized to assess the damages awarded or recovered for grading, change of grade or for the cost of grading or for the appropriation of private property, upon the lots and lands specially benefited thereby; and in case of the appropriation of land for the widening of a street, avenue, or alley, the council may consider, for the purpose of determining benefits and equalizing such assessment, whether any portion of the street, avenue or alley had been previously donated from any lot or piece of land abutting or adjacent thereto; Provided, that this section shall not be taken to apply to the appropriation of any gas works, electric light plant or water works system, plant or property.

1. Sec. 109 of the charter of 1897 authorized a special assessment on the property benefited to defray the cost of opening a street. Parrotte v. City of Omaha, 61 Neb. 96; 84 N. W. R. 602.

2. The expense of opening and extending a street may be assessed not only on the lots abutting on the extension, but also upon any lots on the street that receive special benefits (secs. 69, 73, and 119, chap.

12a, Compiled Statutes 1891.)

McCormick

v. City of Omaha, 37 Neb. 829; 56 N. W. R. 626.

3. Sec. 158 of the charter of 1897 did not provide a fund for the payment of damages. The provisions of this and other sections contemplated the payment of the damages in the first instance and later a levy of an assessment to reimburse the city. City of Omaha v. State, Neb. -;.

94 N. W. R. 979. Spalding v. City of Omaha, Neb. - 94 N. W. R. 714.

4. A special assessment for damages for a change of grade can not be levied upon the property abutting upon the street to reimburse the city. Such damages may be paid out of the general fund (sec. 43, Gen. Statutes 1873.) Goodrich v. City of Omaha, 10 Neb. 98; 4 N. W. R. 424.

7587 (120). Special assessment for sidewalks.

The mayor and city council shall have power to construct or repair sidewalks along any street or part thereof of such material and in such manner as they deem necessary, and to assess the cost thereof upon abutting property. Such assessments except for wooden side walks and sidewalk repairs, shall be equalized and levied as other special assessments.

7588 (121). Method of constructing sidewalk by city.

Where the grade of any street or part of a street has not been established, or where a street has not been worked or filled to the established grade, or where a street has been graded but does not conform to the established grade the owners of lots or lands abutting on such street shall only be required to construct or repair such sidewalks along such streets with brick, macadam or such other material, except stone or artificial stone, as the mayor and council may direct. No wooden sidewalks shall be constructed by the city and the cost thereof assessed upon the abutting property except where the mayor and council may deem it inadvisable to build permanent sidewalk and shall by concurrent resolution order such wooden walk to be constructed. Before any sidewalk shall be constructed or repaired by the city the owner or owners of the lots or lands to be assessed shall be given notice to construct or repair such sidewalk and shall have twenty days after the giving of such notice within which to construct or repair the same. Such notice shall be served or published as directed by ordinance, and if such notice be by publication it shall be sufficient to address such notice to the owner Generally. The city clerk shrill give an additional notice by registered letter directed to the last known address of such owners or their agents, but the failure to give such additional notice shall not invalidate such proceedings or the special assessment for such sidewalk. In case the owner or owners shall fail to construct or repair such sidewalk as directed the city may construct, or repair said walk and assess the cost thereof upon the abutting property. Sidewalks constructed under the provisions of this act shall not exceed four feet in width except when constructed upon streets conforming to the established grade. Where the owner oz owners of a'muting property fail to keep in repair the sidewalk adjacent thereto "cy shall be liable for ail damages or injuries occasioned or recovered by reason the defective or dangerous condition of such sidewalk.