of Omaha, 58 Neb. 815; 80 N. W. R. 54. Yates v. City of Omaha. 58 Neb. 817; 80 N. W. R. 1134.

6. Where a city accepts land for a park and agrees to improve a street and keep

it in repair at its own expense, the cost of sidewalks can not be assessed upon the abutting property. Browne v. Palmer, 66 Neb. 287; 92 N. W. R. 315.

7589 (122). Open, improve, or repair street.

The mayor and City Council shall have power to open, extend, widen, narrow, curb and gutter, or otherwise improve and keep in good repair, or cause the same to be done, in any manner they may deem proper, any street, avenue, or alley within the limits of the city. They shall also have power to assess the cost of such improvement upon the property specially benefited thereby, and to assess and collect the same as other special assessments. No street, alley, or avenue, or portion thereof shall be narrowed to a width of less than sixty-six feet except on a petition of the record owners of a majority of the foot frontage of such street or portion thereof. When any street is hereafter narrowed the portion thus vacated shall revert to the owners of the abutting property. The city shall retain the title to all streets that are vacated until sold and conveyed by deed. Wherever the term, street, is used in this act such term shall include alleys, avenues, boulevards, lanes, or any form of public roadway in the city.

1. The city has power to vacate a street. After vacation the title remains in the city and does not revert to the owner of the abutting property. Lindsay v. City of Onaha, 30 Neb. 517; 46 N. W. R. 627; 27 Am. St. R. 415.

2. Under former charters the city had power to curb and gutter streets without

7590 (123). Street sprinkling districts.

a petition of the owners of property to be assessed. Eddy v. City of Omaha, Neb. -; 101 N. W. R. 25. 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.

The mayor and council shall have power to provide for the sprinkling of the streets of said city, and for the purpose of accomplishing such sprinkling, may by ordinance, create suitable districts to be designated "Sprinkling Districts," and may order and direct the work of sorinking to be done upon the streets, or any or all thereof, therein. Said sprinkling shall be done only upon contract in writing, let upon advertisen out to the lowest responsible bidder; such advertisement shall specify the district or districts proposed to be sprinkled, especially descriling the same, and bi is shall be made and contracts let with reference to such district or districts so specified. For the purpose of paying the cost of sprinkling herein contemplated and so contracted for, the mayor and council shall have power and they are hereby authorized to levy and assess the costs of sprinkling in any district or districts upon ali lots, land, grounds, property and estate therein; such tax or assessment to be equal and uniform upon all feet front of property within or abetting up on the streets, within the district so created. Such assessment shall be a lien upon all such lots, lands and real estate, and shall be enforced and collected as are other special assessments.

7531 (12). Control of work on streets.

The mayor and council shall have the right to control and direct all work upon the public streets, except as herein otherwise provided, also by ordinance to adopt any and all reasonable regulations relating to excavations in the streets, or public grounds by any and all parties, including water works, gas and all other franchised corporations or public contractors, and to enforce such regulations may impose such penalties for their violation as they may deem proper.

7592 (125). Plats of subdivisions.

No owner of real estate within the corporate limits of such city shall be permitted to sub-divide said real estate into blocks and lots, or parcels, without having first obtained from the city engineer a plat or plan for the avenues, streets and alleys, to be laid out within or across the same, and such plat shall be made so that such avenues, streets and alleys, so far as practicable shall correspond in width, name and direction and be continuous of the avenues, streets and alleys in the city contiguous to or near the real estate to be sub-divided as aforesaid and the mayor and council shall have power to compel the owner of such real estate, in sub-dividing the same, to lay out and dedicate to the public the avenues, streets and alleys to be within or across such real estate in accordance with said plat and shall further have the power to prohibit the selling or offering for sale any lots or parts of such real estate not sub-divided and platted as herein required. Any and all additions to be made to the city shall be made so far as the same relates to the avenues, streets and alleys therein, under and in accordance with the foregoing provisions.

1. The acknowledgment and recording of a plat is equivalent to a deed in fee simple to the city of the streets and parks platted therein (secs. 8778 to 8790, Cobbey's Ann. St. 1903.) Jaynes v. Omaha St. R. Co., 53 Neb. 631; 74 N. W. R. 67; 39 L. R. A. 751. Ehmen v. Village of Gothenburg, 50 Neb. 715; 70 N. W. R. 237.

2. A dedication and plat of an addition held to ratify and confirm a preexisting title of the city in certain streets as shown on the plat. McCague v. Miller, 55 Neb. 762; 76 N. W. R. 422.

7503 (126). Disconnecting of territory from the city.

The mayor and city council shall have] power by ordinance to change the boundaries or limits of metropolitan cities where the owners of real estate within the boundaries of such city petition to have such real estate disconnected. But in no case shall such limits be changed unless the city council finds, (1) that such lands adjoin the limits or boundaries of the city, (2) that such lands are too remote from the inhabited portions of the city to receive the benefits of city government including city lights, and fire and police protection, (3) That such lands are used for agricultural purposes, (4) That the amount of city taxes levied are gross and inequitable as compared to the benefit derived from such taxation. Before the adoption of any ordinance changing or reducing the city limits, the council shall estimate the pro rata share of the general bonded indebtedness of the city which should be paid by taxation of the lands to be disconnected and shall in the same ordinance assess a tax on such land equal to such share. Such tax shall be collected as other special assessments. Any petitioner may appeal from the decision of the city council as provided in this act but the remedy by appeal shall be exclusive. Provided, that any real estate situated within five hundred (500) feet of any line of track of any street railway company, or within any street improvement or sewer district shall not be disconnected from such city.

7594 (127). City build toll and other bridges.

The mayor and council shall have power to construct any bridge declared by ordinance necessary and proper for the passage of railway trains, street cars or motor trains, or teams and pedestrians across any stream either adjacent to or wholly within any city of the metropolitan class at any point on such stream or within two miles from the corporate limits of such city with such conditions and regulations concerning the use of such bridge as may be deemed proper, and shall have power to license and regulate the keeping of toll bridges within or terminating within the city for the passage of persons, teams and property over any river passing wholly or in part within or running by and adjoining the corporate limits

of any such city; to fix and determine the rates of toll over any such bridge, or over the part thereof within the city, and to authorize the owner or owners of any such bridge to charge and collect the rates of toll so fixed and determined, from all persons passing over or using the same.

7595 (128). Compel building of viaducts.

To require any railway company or companies owning or operating any railway track or tracks upon or across any public street or streets of the city, to erect, construct, reconstruct, complete and keep in repair any viaduct or viaducts upon or along such street or streets and over or under such track or tracks, including the approaches to such viaduct or viaducts as may be deemed and declared by the mayor and council necessary for the safety and protection of the public. Whenever any such viaduct shall be deemed and declared by ordinance necessary for the safety and protection of the public, the mayor and council shall . provide for appraising, assessing and determining the damage, if any which may be caused to any property by reason of the construction of such viaduct and its approaches. The proceedings for such purpose shall be the same as provided herein for the purpose of determining damages to property owners by reason of the grading of a street, and such damage shall be paid by the city, and may be assessed by the city council against property benefited. The width, heighth and strength of any such viaducts and approaches thereto, the material therefor, and the manner of construction thereof, shall be as required by the city engineer, and approved by the mayor and council. When two or more railroad companies own or operate separate lines of track to be crossed by any such viaduct, the proportion thereof, and the approaches thereto, to be constructed by each, or the cost to be borne by each, shall be determined by the mayor and council. It shall be the duty of any railroad company or companies upon being required as herein provided to erect, construct, reconstruct or repair any viaduct, to proceed within the time and in the manner required by the mayor and council to erect, construct, reconstruct or repair the same, and it shall be a misdemeanor for any railroad company or companies to fail, neglect or refuse to perform such duty, and upon conviction of any such company or companies shall be fined one hundred dollars, and each day such company or companies shall fail, neglect or refuse to perform such duty shall be deemed and held to be a separate and distinct offense, and in addition to the penalty herein provided any such company or companies shall be compelled by mandamus or other appropriate proceedings to erect, construct, reconstruct or repair any viaduct as may be required by ordinance as herein provided. The mayor and council shall also have power whenever any railroad company or companies shall fail, neglect or refuse to erect, construct reconstruct or repair any viaduct or viaducts after having been required so to do as herein provided, to proceed with the erection, construction, reconstruction or repair of such viaduct or viaducts by contract or in such other manner as may be provided by ordinance, and assess the cost of the erection, construction, reconstruction or repair of such viaduct or viaducts against the property of the railroad company or companies required to erect, construct, reconstruct or repair the same, and such costs shall be valid and subsisting lien against such property and shall also be a legal indebtedness of said company or companies in favor of such city, and may be enforced and collected by suit in the proper court.

1. This section was formerly sec. 48 of the charter of 1887 and amended in 1893. This section and an ordinance requiring the reconstruction of a viaduct formerly erected jointly with the city held a valid exercise of a police power delegated to the

city. Chicago, B. & Q. R. Co. v. State, 47 Neb. 549; 66 N. W. R. 624; 53 Am. St. R. 557, affirmed 170 U. S. 57; 18 Sup. Ct. R. 513.

2. The general increase in travel upon erection of a viaduct is not a special bene

fit to property under the facts stated. City of Omaha v. Hansen, 36 Neb. 135; 54 N. W. R. 83.

3. Damages for construction of a viaduct. Stanwood v. City of Omaha, 38 Neb. 552; 57 N. W. R. 287. Stanwood v. City of Omaha, 42 Neb. 303; 60 N. W. R. 554.

7596 (129). Sewage and drainage districts.

The mayor and council shall have power to lay off the city, or parts thereof, into suitable districts for the purpose of establishing a system of sewerage and drainage; to provide such system and regulate the construction and repairs and use of sewers and drains, the reconstruction of sewers in any district or part thereof and all proper house construction and branches, and provide penalties for any obstruction of, or injury to any sewer or part thereof, and to require and compel sewer connections to be made.

sewer. Shannon v. City of Omaha, Neb. -; 103 N. W. R. 53.

3. Without a finding that the benefits are equal and uniform within a sewerage district a levy according to frontage is void. John v. Connell, 64 Neb. 233; 89 N. W. R. 806.

2. The power to create new districts is a continuing power. The council may create a new sewer district within a larger district and levy an assessment for a new 7597 (130). Special assessment for sewers and drainage.

Special assessments may be levied by the mayor and council for the purpose of paying the cost of constructing or reconstructing sewers or drains within the city; such assessments to be levied on the real estate benefited by the sewer so constructed or reconstructed to the extent of the benefits to such property by reason of such improvement, the benefit to such property to be determined, equalized. levied and collected as in other cases of special assessments. Where the council, sitting as such board of equalization, shall find such benefits to be equal and uniform, such levy may be according to the front feet of lots or real estate benefited, or according to such other rule as the council, sitting as such board of equalization, may adopt for such distribution or adjustment of such cost upon the lots or real estate benefited by such improvement.

7598 (131). Permit to connect with sewer.

The mayor and council shall by ordinance require the issuance of a permit to connect with any sewer on any street, alley or private property and shall require the sewer assessment on the abutting property to be paid before such permit is issued. In case the cost of the sewer has not been assessed, or such assessment has been declared invalid by any court of competent jurisdiction such ordinance shall require the payment of the pro rata share of the cost of such sewer before such permit is issued.

7599 (132). Compel filling or draining of lots.

The mayor and council shall have power to require any and all lots or pieces of ground within the city to be drained, filled or graded, and upon the failure of the owners of such lots or pieces of ground to comply with such requirements, after thirty days notice in writing the mayor and council may cause the same to be drained, filled or graded, and the cost and expense thereof shall be levied upon the property so filled, drained or graded and shall be equalized and assessed and collected as other special assessments.

1. Sec. 29 of the charter of 1887 authorizing the cost of filling and draining to be assessed where a nuisance existed is not in conflict with the constitution, but a warranted exercise of police power. Hor

bach v. City of Omaha, 54 Neb. 83; 74 N. W. R. 434.

2. Unless reasonable notice is given to the owner to perform such work the city has no power to proceed, and the assess

ment is void. Horbach v. City of Omaha, 54 Neb. 83; 74 N. W. R. 434. Albers v. City of Omaha, 56 Neb. 357; 76 N. W. R. 911. Shannon v. City of Omaha, Neb. -; 100 N. W. R. 298.

3. The fact that the owner of a lot to be assessed is the city attorney does not necessarily charge him with notice of the ordinance and of other proceedings of other city officers and boards. Shannon 7600 (133). Change water course.

The mayor and council shall have power to provide for the safety and protection of private property where damages are likely to occur by the action of the elements or through the carelessness or negligence of any servant or officer of the city, and to establish, alter and change the channels of streams and water courses within the city and bridge the same. Provided, that any such improvement costing in the aggregate a sum greater than twenty thousand dollars, shall not be authorized until the ordinance providing therefor shall be first submitted to and ratified by a majority of the legal voters of such city voting thereon. 7601 (131). Regulate lighting-Price of gas-Telephones.

The mayor and council shall have power to regulate and provide for the lighting of streets, laying down gas, and other pipes and erection of lamp posts. electric towers or other apparatus, and to regulate the sale and use of gas and electric lights, and fix and determine the price of gas, the charge of electric lights and power, and the rents of gas meters within the city, and regulate the inspection thereof, and regulate telephone service and the use of telephones within the city, and to fix and determine the charges for telephones and telephone service connections; and to prohibit or regulate the erection of telegraph, telephone or electric wire poles, or other poles for whatsoever purpose desired or used in the public grounds, streets or alleys and the placing of wires thereon, and to require the removal from the public grounds, streets or alleys of any or all such poles, and require the removal and placing under-ground of any or all telegraph, telephone or electric wires.

1. The power to fix rates for telephone service was delegated to the city by sec. 131. chap. 12a, Comp. St. The power to 7602 (135). Street railways pave track.

fix rates is a legislative function. Nebraska Telephone Co. v. State, 55 Neb. 627; 76 N. W. R. 171.

All horse, cable, steam, electric or other railway companies existing or hereafter created in cities of the metropolitan class, already incorporated or hereafter organized, shall be required to pave or repave at their own cost all the space between their rails. The tracks herein referred to shall include not only the main tracks, but also side tracks, crossings and turnouts used by such companies, and also when two or more companies occupy the same street or alley with separate tracks, then each company shall be responsible for the proportion of the surface of the street or alley occupied by all the parallel tracks as herein required. Said paving or repaving by the said railway companies shall be done at the same time and shall be of the same material and character as the paving or repaving of the streets upon which said railway track is located, unless other material be specifically ordered by the city council.

7603 (136). Street railways repair paving.

All street railway companies shall be required to keep that portion of the street, which they are herein required to pave and repave, in good and proper repair, using for said purpose the same material as the street upon which the track