capital stock, and no deposit shall be made in any bank in excess of twenty-five per cent of its paid up capital stock. The bank or banks so selected shall give bond to the city, to be approved by the mayor and city council, for the safe keeping of said deposit and interest thereon, in double the amount of money at any one time in their possession, the said bond to be signed by two or more sureties, who shall be citizens and freeholders of the state of Nebraska, or by one or more responsible surety companies, at the option of the mayor and council. The treasurer shall keep all money in his hands belonging to the city and school district of the city, separate and distinct from each other and from his own moneys; and he is hereby expressly prohibited from using any such money, or any warrants or other securities in his custody, or receiving any interest thereon, either directly or indirectly for his own use or benefit, or for the use or benefit of any other person or corporation except said city or the school district therein. Any violation of this provision shall be malfeasance in office and render such officer subject to suspension and removal. All interest on moneys of the city shall be reported by the treasurer to the city council and comptroller, and be carried into the sinking fund of such city, and all interest on moneys of the school district shall be reported to the Board of Education and placed to the credit of the school fund. All interest on the water fund shall be placed to the credit of the water fund. All funds of the city collected by the county treasurer, as provided in this act, prior to the first Thursday after the first Tuesday in January, 1906, shall be paid to the city treasurer, and all funds collected after said date by said county treasurer, as ex-officio city treasurer, shall be deposited in the manner herein before provided. The county treasurer, as ex-officio city treasurer, and the sureties on his bond as such treasurer, shall be liable for such funds of such city in the same manner and to the same extent as such treasurer and his sureties are liable for the deposit of county funds. 7649 (191). Special assessment used for no other purpose. All moneys received on any special assessment shall be held by the treasurer as a special fund, to be applied to the payment of the improvement for which the assessment was made; and such money shall be used for no other purpose whatever. Provided that the mayor and council shall have the power and it shall be their duty by ordinance or concurrent resolution, to be prepared by the city attorney and reported by him to the city council whenever they shall deem proper so to do, to prevent accruing interest, to provide and require that any money to the credit of any special fund on account of which bonds may have been issued, to be invested in bonds of the city, city warrants, state bonds, or warrants, as said mayor and council shall approve so as to realize on such bonds or securities at maturity of the bonds issued on account of such fund. But the city treasurer shall have no power to invest such fund until so authorized by such resolution. 764947 (192). Warrants-How drawn. All warrants shall be drawn by the comptroller upon the treasurer and must be signed by the mayor and comptroller, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable, and no money shall be otherwise paid on account of the city than upon such warrants so drawn unless otherwise provided by law. All warrants upon the water fund shall be drawn by the comptroller upon the treasurer as ordered by the water board, and must be signed by the chairman of the water board and comptroller, and no money shall be paid from the water fund otherwise than upon such warrants so drawn unless otherwise provided by law. 1. City warrants are not negotiable instruments or evidence of a new debt, but are the prescribed means for drawing money from the treasury. The city au thorities may rescind an order directing payment if the money remains in possession of the treasurer. State v. Cook, 43 Neb. 318; 61 N. W. R. 693. 764948 (193). Comptroller deduct money owed city from warrant. It shall be the duty of the city comptroller to deduct from the face of each warrant the amount which the payee of the warrant may owe the city. If the amount of the debt due the city exceeds the face of the warrant, the city comptroller shall hold the warrant until the debt is paid. No assignment of a claim shall defeat the right to deduct the debt from the amount due the claimant. The claimant or his assignee may appeal from the decision of the city council as provided in this act. All warrants drawn on the county treasurer as ex-officio city treasurer shall be subject to the provisions of this section. 76499 (194). Bonds-How issued. All bonds shall be prepared by the comptroller, signed by the mayor and countersigned and registered by the city comptroller before delivery, and it shall be the duty of the city treasurer to promptly report to the comptroller detailed statements of all receipts of money from the proceeds of the sale of bonds and to whom such bonds were sold. All bonds shall express upon their face the purpose for which they were issued, and the proceeds thereof shall not be diverted to other purposes. Each proposition for the issue of bonds required to be submitted at a general or special election must contain but one subject or purpose, and shall specify the maximum amount proposed to be issued and state distinctly the purpose thereof, and a separate vote must be required on each proposition so submitted. No bonds shall be issued for the purpose of paying salaries or the current expenses of the city. than par. 1. Bonds issued for the purchase of a site and erection of a market house can not be diverted to the erection of a market house on property of the city. Tukey v. City of Omaha, 54 Neb. 370; 74 N. W. R. 613; 69 Am. St. R. 711. No bonds shall be sold for less 2. A purchaser of municipal bonds is charged with notice of the facts recited therein. Wilbur v. Wyatt, 63 Neb. 261; 88 N. W. R. 499. 764950 (195). Bonds-For what purposes issued. The Mayor and Council are hereby authorized and empowered to issue bonds of the city with interest coupons annexed in such amounts and for such length of time as they may deem proper the rate of interest not to exceed five per cent per annum, except as otherwise provided in this act, (1) for the construction and maintenance of sewers, (2) for the construction of subways or conduits, (3) for the renewal of outstanding bonds of said city in exchange of outstanding bonds for the purpose of reducing the rate of interest, where bonds of the city permit payment before maturity, or in cases where bonds may be refunded by agreement, (4) or for the construction or purchase of a city hall, auditorium, or other needful buildings for the use of the city, (5) for the construction of bridges or for the construction, appropriation or purchase of gas works, water works, electric light plants, power plants and lands therefor, or land for public parks, parkways or boulevards, (6) for the purpose of funding, or taking up and making payment of the floating indebtedness and liabilities of the city, but the total outstanding bonds of the city for the last named purpose shall never exceed five hundred thousand dollars ($500,000). 764951 (196). Limitation on bond issue. The bonded indebtedness of such city, exclusive of district paving bonds, district grading bonds, curbing and guttering bonds, district improvement bonds, public library bonds, renewal bonds, bonds issued for the purpose of funding or taking up and making payment of the floating indebtedness and liabilities of the city, or bonds issued for the erection or purchase of a city hall, auditorium or fire engine houses, or the construction of bridges, or for the construction and maintenance of subways and conduits, or for park purposes or for the purchase, construction or appropriation of gas works, water works, electric light plants or power plants, shall not, at any time, exceed in the aggregate two million seven hundred and fifty thousand dollars ($2,750,000.00). 764952 (197). Limitation on annual issue of bonds. No bonds shall hereafter be issued in any one year in excess of two hundred thousand dollars ($200,000) except renewal bonds, or bonds issued to be exchanged for other bonds for the purpose of reducing the rate of interest, district grading bonds, bonds for funding the floating indebtedness, bonds for the construction and maintenance of subways or conduits or bonds for the purchase, construction or appropriation of gas works, water works, electric light plants or power plants or land therefor, or land for public parks, parkways or boulevards. No bonds, except district street improvement bonds, renewal bonds and bonds in exchange for other bonds, district grading bonds, and bonds for funding the floating indebtedness shall be issued until the electors of said city shall have authorized the same by a two-thirds vote of the electors of such city, voting on said proposition, at a general or special election of said city held after ten days notice. published in the official paper of the city, stating the maximum amount proposed to be issued and stating distinctly the purpose for which they are to be issued. Provided that bonds for water-works may be authorized by a majority vote of the electors of the city, voting on such proposition at a general election or by a two-thirds vote cast on such proposition and in case it shall be submitted at a special election. 764953 (198). District improvements bonds. For the purpose of paying the cost of improving the streets and alleys in any improvement district, exclusive of the intersections of streets or alleys therein, the mayor and city council shall have power and may by ordinance cause to be issued bonds of the city to be called "District Street Improvement Bonds" of District No......, bearing interest not exceeding the rate of five (5) per cent per annum, with interest coupons attached, and in such case shall also provide that the special taxes and assessments levied in said district shall constitute a sinking fund for the payment of said bonds and interest. Such bonds shall not be issued until such improvement has been approved and special taxes for the same have been levied. The amount of such bonds shall not exceed the total amount of such assessment. 764954 (199). Intersection bonds. Whenever the mayor and council deem it expedient, they shall have power for the purpose of paying the cost of paving, repaving or macadamizing the intersection of streets and spaces opposite alleys in the city, and in front of property not subject to assessment for public improvements to issue bonds of the city, to run not more than twenty years, and to bear interest payable semi-annually at the rate of not exceeding five per cent per annum, with coupons attached, tʊ be called "Intersection Bonds" and which shall not be sold for less than par, and the proceeds of which shall be used for no other purpose. The aggregate amount of such bonds issued in one year shall not exceed the sum of one hundred thousand dollars ($100,000). Such bonds shall not be issued until the question of issuing the same has been submitted to the electors of the city at a general or special election therein, and authorized by a vote of two-thirds majority of the electors voting on such question at such election. 764955 (200). Council ratify bonds heretofore issued. That where the mayor and council have heretofore issued bonds for the purpose of taking up and renewing bonds issued by any such city without having submitted the proposition to issue such renewal bonds to the electors, as required by section 11, of Chapter 3 [p. 75] of the Session Laws of 1893, the mayor and council of such city may by resolution ratify the bonds so issued, and such bonds when so ratified shall be valid obligations of such city as if authorized by the electors thereof, and of the same force and effect as if issued in compliance with the act of the legislature of this state relating to cities of the metropolitan class and the amendments thereof; (Laws 1897, Chapter XII, Took effect July 9, 1897) [7687]. 764956 (201). Park bonds. For the purpose of paying for and improving lands, lots or grounds purchased or appropriated for parks, parkways or boulevards, the mayor and council may issue bonds to an amount necessary, not to exceed fifty thousand dollars ($50,000) per year. Said bonds to be designated and known as "Park Bonds, Series ....", and to be issued and used in accordance with the provisions governing the issuance of sewer, funding and other public improvement bonds by this act contemplated. Provided, no such bonds shall be issued until the question of the issuing of the same has been submitted to the electors of the city at a general or special election therein, and authorized by a vote of two-thirds (2-3) of the electors voting on said question at such election. When improvements are made upon or in streets, or sidewalks adjacent to, and abutting upon, parks, parkways or boulevards and similar grounds in the charge and control of said board of park commissioners, the cost or expense of which would otherwise be chargeable to the city, the same shall be paid from the park fund herein provided; and said commissioners are hereby directed to pay the cost of such improvements. 76495 (202). Service of process on city. The corporate name of each city organized under or governed by this act, shall be "The city of ........," and all or every process or notice whatever affecting any such city, shall be served upon the mayor, or acting mayor, or in the absence of both of said officers from the city, then upon the city clerk, unless otherwise provided in this act. 764958 (203). When tax payer defend for city. In any and all suits at law or in equity that may be brought against the city, if the city shall refuse or neglect to defend the same, any resident taxpayer may, in behalf of the city, defend said suit at the cost of the city, not including attorney's fees. 764959 (204). City attorney waive service-Intervene-Confess judgment. The city attorney shall have power to intervene in any suit or proceeding, when the rights of the city are involved, or where the city is a proper party. He shall also have power to waive the issuance and service of summons and may enter a voluntary appearance when in his opinion the interests of the city may require it. He shall have power to confess judgment, when authorized by the city council, and not otherwise. 1. Unless authorized, an attorney for a municipal corporation can not waive summons and enter a voluntary appearance. Chicago, B. & Q. R. Co. v. Hitchcock 76490 (205). City property exempt from taxation-Execution. Lands, houses, moneys, debts due the city, and property and assets of every description belonging to any city governed by this act, shall be exempt from taxation, execution and sale, judgments against said city shall be paid out of the judgment fund, or when a special fund is created for such purpose, out of such special fund. 1. The term "special fund" in this section refers to a levy made for a specific judgment when the general levy is insuffi cient. City of Omaha v. State, 764961 (206). Limitation on liability for damages-Notice of injury. No city governed by this act shall be liable for damages arising from defective streets, alleys, sidewalks, public parks or other public places within such city unless actual notice in writing, describing fully the accident and the nature and extent of the injury complained of and describing the defects causing the injury and stating the time when and, with particularity the place where the accident occurred, shall be proved to have been filed with the city clerk within ten days after the occurrence of such accident or injury, and it is hereby made the duty of the city clerk to file said notice and keep a record showing the time when and by whom such notice was given and he shall forthwith report the filing of such notice to the city attorney and transmit a copy thereof to him. 1. Sec. 22 of the charter of 1897 (Cobbey's Ann. St., sec. 7471) required notice within twenty days and did not require particularity in the description of the place where the accident occurred. 2. The description of the place where the injury occurred must be reasonably certain or such as will enable the officers of the city to identify the place. City of Lincoln v. O'Brien, 56 Neb. 761; 77 N. W. R. 76. 3. Description of place of accident held sufficient. City of Lincoln v. O'Brien, 56 Neb. 761; 77 N. W. R. 76. City of Lincoln v. Pirner, Neb.; 81 N. W. R. 846. City of Lincoln v. Miller, Neb. -; 96 N. W. R. 485. 4. Physical incapacity of the person injured does not excuse his failure to serve the notice within the required time. Schmidt v. City of Fremont, Neb. —; 97 N. W. R. 830. 764902 (207). City not liable for damage unless served with notice of defect. Cities of the metropolitan class shall be absolutely exempt from liability for damages or injuries suffered or sustained by reason of defective public ways or the sidewalks thereof within such cities, unless actual notice in writing of the defect of such public way or sidewalk shall have been filed with the city clerk at least five days before the occurrence of such injury or damage. In the absence of such notice, so filed, the city shall not be liable and in all cases such notice shall describe with particularity the place and nature of the defects of which complaint is made. 76493 (208). Examination of person injured by physician. Any person or persons claiming to have been injured shall at any time after the giving of the notice of such injury, be subject to a personal examination by the city physician and such other physicians as the city attorney may appoint, or by either thereof, for the purpose of determining the character and extent of the injuries complained of; and failure or refusal to submit to such examination shall |