prohibit the maintaining of any action against the city or recovery of any damage therefrom.

7649 (209). Claims-How filed-Verified.

Before any claim against the city, except officers' salaries earned within twelve. months, or interest on the public debt, is allowed, the claimant or his agent or attorney shall verify the same by his affidavit, stating that the several items therein mentioned are just and true and the services charged therein, or articles furnished, as the case may be, were rendered or furnished as therein charged, and that the amount therein charged, and claimed is due and unpaid, allowing all just credits, and the city comptroller and his deputy shall have authority to administer oaths and affirmations in all matters required by this section. All claims against the city or water board must be filed with the city comptroller. And when the claim of any person against the city is disallowed, in whole or in part, by the city council or water board, such person may appeal from the decision of said city council or water board to the district court of the same county, as provided in this act.

764965 (210). Claimant notified if claim disallowed.

Upon the rejection or disallowance of any claim, it shall be the duty of the city comptroller to notify the claimant or his agent or attorney of such fact, unless such notice is waived in writing. Such notice may be served by any person authorized by the comptroller and must be served within five days from the rejection of such claim. The notice and return thereon must be filed with the city clerk.

76496o (211). Rejected claims-Claims barred in eighteen months.

No bill or claims for labor salary or material or for extra services or overtime or account of whatsoever kind against the city, after it has been adversely reported on and rejected by the administration under which it has been incurred, and no bill account or claim not presented or claim[ed] within eighteen (18) months after it was incurred and payable, shall be allowed or authorized to be paid by any mayor and council except through the judgment of a court of competent jurisdiction. These provisions shall apply equally to any modifications of the same account in whatever form it may be presented.

764967 (212). Appeal from damage allowed by appraisement.

In all cases of damages arising under the provisions of this act, the party or parties whose property is damaged or sought to be taken by the provisions of this act, shall have the right to appeal from such assessment of damages, but such appeal shall not delay the appropriation of the property sought to be taken, or delay the improvement proposed, or retard the change of grade sought to be made, and in no case shall said city be liable for the costs on such appeal unless the owner of such real estate shall be adjudged entitled, upon the appeal, to a greater amount of damage than was awarded. The remedy by appeal herein allowed shall be deemed and held to be exclusive.

764968 (213). Appeal-Procedure in.

Wherever the right of appeal is conferred by this act, the procedure unless otherwise provided shall be substantially as follows: The claimant or appellant shall, within twenty days from the date of the order complained of, execute a bond to such city with sufficient surety to be approved by the clerk, conditioned for the faithful prosecution of such appeal and the payment of all costs adjudged against the appellant. Said bond shall be filed in the office of the city clerk. It shall be the duty of the city clerk, on payment or tender to him of the cost of the transcript, at the rate of ten cents per hundred words, to prepare a complete transcript of the proceedings of the city relating to their decision thereon. It shall be the duty of the claimant or appellant to file a petition in the district court as in the commencement of an action within thirty days from date of the order or award appealed from, and he shall also file such transcript before answer day. The proceedings of the district court shall thereafter be the same as on appeal from the county board. Any taxpayer may appeal from the allowance of any claim against the city by giving a bond and complying with the foregoing provisions. Provided, that the foregoing provisions shall not be so construed as to prevent the city council from once reconsidering their action on any claim or award upon ten days notice to the parties interested.

764969 (214). Officers and boards hold over.

All general elective city officers including city councilmen, their appointees and existing boards, agents and servants now lawfully holding office or entrusted with the care of public property or affairs under the law and ordinances heretofore enforced, shall, except as in this act otherwise provided, continue in office and the exercise of such trust until the first general city election herein provided for, and until the officers elected at such election shall have duly qualified, but such officers, agents, servants and appointees may be removed from office, suspended or discharged as provided by law or ordinance. All existing boards entrusted with property shall, at the expiration of their term of office, except as herein otherwise provided, turn over such property, records and accounts to such other officer or board as are herein empowered or entrusted to succeed thereto or have possession thereof.

1. The object of sec. 102 of the act of 1897 was to avoid vacancy in office until new officers were elected who would per

form similar duties. State v. Moores, 58 Neb. 285; 78 N. W. R. 529.

764970 (215). Boards and officers report to mayor.

It shall be the duty of each of the respective boards abolished by this act and all officers whose terms expire hereafter to prepare written detailed abstracts of all books, documents, tools, implements and materials of every kind belonging to the city in their trust and care, also all work or store houses owned or leased by the city for storage or other purposes, in duplicate, and to certify as members of such boards, to the correctness thereof; such certified abstracts shall be delivered to the mayor, who shall file one of each of said copies for record with the city clerk, and the other copies shall be handed to the heads of the respective departments to be used as a basis of checking up the abstract.

764971 (216). Provisions of this act not exclusive.

The provisions of this act shall not be so construed as to impair or affect the validity of any tax or special assessment heretofore made or levied under the acts by this act repealed, but all such taxes and special assessments shall be and remain as valid and binding as if this act had not been passed, and shall be collected and enforced in the manner provided, or which may hereafter be provided by law

for collecting and enforcing the same. Nothing herein shall be so construed as to prevent further and additional provisions being made for the collection of any tax or special assessment heretofore levied or made.

764972 (217). Provisions of this act not interfere with water board.

Nothing in this act contained shall be so construed as to interfere with the powers, duties, authority and privileges that have been, are, or may be hereafter conferred and imposed upon the water board in metropolitan cities as prescribed by law, but in all matters relating to a water supply, or to the purchase, acquisition, construction, maintenance and management of a water works plant for such city or in any way appertaining thereto, the said powers, duties, authority and privileges of such water board so far as elsewhere conferred, imposed and defined by law shall be exclusive and paramount.

764973 (218). Provisions of this act not affect property rights.

No right of property accrued to any city, corporation or person under any law heretofore in force, shall be affected by this act, and all city ordinances now in force and not repugnant to the provisions of this act shall remain and continue in force until altered or repealed by the mayor and council.

7654. Election of water board.

In each City of the metropolitan class there shall be a water board consisting of six (6) members, two (2) of whom shall be elected at the time of the general state election held in the even numbered years, but not more than one of the two members so elected shall be from the same political party. Members of said board shall hold office for a period of six (6) years from the first Tuesday after the first Monday of January following their election, and until their successors shall be elected and qualified; provided, however, that the members of the first water board shall be appointed in such manner and for such terms as hereinafter set forth.

History. Amended 1905, H. R. 8; in force March 9.

7655. Governor appoint first water board.

The Governor shall appoint the members of the first water board, all of whom shall be electors of such City, two to serve from the date of their appointment for four years, and two from the date of their appointment for two years from the first Tuesday after the first Monday of January following the general election held in the even numbered years next after their appointment; and two to serve until said first Tuesday after the first Monday following the general election held in the even numbered years next after their appointment. One member for each term herein designated shall be appointed from each of the two political parties casting the greatest number of votes for Governor at the last preceding general election. Such appointments shall be made within thirty (30) days after this act shall take effect; provided, that if in any such city a de jure or de facto Water Board shall then be in existence, or shall have been in existence, within six (6) months prior to such date, then, and in such case, the members of such de jure or de facto water board shall serve out their terms and continue in office until their successors shall be elected and qualified as herein provided.

History.-Amended 1905, H. R. 8; in force March 9.

7656. Vacancy in water board.

Any vacancy occurring in the water board shall be filled, for the unexpired. term by the remaining members thereof, within thirty (30) days after such vacancy shall occur, the new member to be chosen from the political party repre

sented by his predecessor, it being the intent and purpose,* but not the inducement of this act, to render said water board non-partisan in character. Before entering upon their offices, members of the water board shall give bonds for the faithful performance of their duties in the amount of Five Thousand Dollars ($5,000.00) each, under the same terms and conditions as provided in the case of City officials in such city. The members of said board shall receive as compensation for their services Six Hundred Dollars ($600.00) per annum, payable quarterly by warrants drawn upon the water fund.

History.*to* inserted 1905, H. R. 8; in force March 9.

7659. Powers and duties of board.

The water board shall have general charge, supervision, and control of all matters pertaining to the water supply of such City for domestic, mechanical, public and fire purposes as hereinafter provided: If such City, or any portion thereof, shall be supplied with water for domestic, mechanical, public or fire purposes by any individual, co-partnership, or corporation, then, and in such case, said board shall have the sole power and authority to regulate and fix water rates and fire hydrant rentals; to provide for and order the extension of water mains; to determine the number and designate the location of all fire hydrants; to audit, pass upon, and pay or reject any and all bills for water or fire hydrants furnished such City; to make, modify, and terminate, on behalf of such City, all contracts for the supply of water to such City for domestic, public or fire purposes. In case such City shall undertake, or shall have heretofore undertaken the purchase or acquisition of the water plant of any person, co-partnership or corporation supplying such City or any portion thereof with water for domestic, mechanical, public or fire purposes, under the powers granted by the Charter ,of such City or by virtue of any right inuring to such City through contract, or otherwise, or shall vote bonds for such purpose, then, and in such case, said water board shall have the sole power and authority to act on behalf of such City in all matters pertaining thereto, including the appointment of appraisers whenever required; the general supervision of any resulting appraisement; the acceptance or rejection of any award resulting from any such appraisement: and of all other negotiations connected with, or pertaining to the acquisition of such water plant. Provided, that no acceptance of any such appraisement shall be binding upon such city unless bonds are voted for the acquisition of such water plant under such appraisement. Said bonds not to be sold for less than par and issued only in case the proposition is ratified by a majority of the votes cast upon the proposition at a general election or two-thirds of the votes cast in case the proposition shall be submitted at a special election. In case such City shall own, operate, or vote bonds for the construction of any water plant for the purpose of supplying water for domestic, mechanical, public or fire purpose, then, and in such case, said board shall have general charge, supervision and control of the design, construction, operation, maintenance and extension or improvement of any such water plant, including the power to appropriate private property therefor, and purchase and contract for necessary material, labor and supplies, and the authority and powers herein conferred upon said water board shall extend as far beyond the corporate limits of said City as said board may deem necessary. In case said board shall deem it necessary and expedient for such City to vote bonds for the acquisition, construction, extension, or improvement of a water plant, to supply such City with water for domestic, mechanical, public or fire purposes, then, and in such case, said water board shall have sole power and authority to determine the amount of such bonds, and to issue the same when voted, and shall also have the power and authority to submit a propo

sition for voting such bonds at any regular election, or said board may call a special election for such purpose, provided twenty (20) days public notice is given, stating distinctly the amount and purpose for which said bonds are to be issued. Said water board shall also have power and authority to maintain and defend all suits at law or in equity growing out of the transactions of said board, or any matter pertaining to the water supply of such City, or to the construction, operation, maintenance or acquisition of any water plant by such City, and said board may sue or be sued in the name of the Water Board of the City of ....

History.-Amended 1905, H. R. 8; in force March 9.

7660. Bids for work-How opened.

The water board shall receive bids for all work to be done by contract, and for all material and supplies required by any water plant owned by such City, which shall be read aloud when opened in a public session, upon reasonable advertisement therefor, and shall award contracts based upon such bids to the lowest responsible bidder, provided, that if the lowest bid received, in any case, shall be deemed excessive, the fact shall be spread upon the minutes of the board, and thereupon said board shall proceed to advertise for other bids or let such contract by negotiation. All meetings of said water board shall be public, and its records shall at all times be open to public inspection.

History. Amended 1905, H. R. 8; in force March 9.

7661. Rates-Condition of service.

It shall be the duty of the water board and the water board shall be charged with the determination of water rates, the conditions and methods of water service, and the collection of all charges for water service, or the sale of water; provided, that all payments on account of water service, or the sale of water and all other receipts of the board from whatever source, shall be received and receipted for by the city treasurer, or by an employe of the city treasurer's office, who shall be assigned by said treasurer for such purpose. * Provided further, that said water board shall, from the hydrant water tax and water rates to private consumers fixed by said board, and not exceeding the water rates to private consumers now established by ordinance in any such city, provide for all expenses, interest on bonds, and sinking fund. * The water board shall have authority to make such rules and regulations for the conduct of any water plant owned or operated by such City, and the use and measurement of water supplied therefrom as it may deem proper, and shall also have authority to cut off any water service for nonpayment or non-compliance, on the part of the water user, with the rules and regulations adopted by the board for the conduct of its business and affairs. The water board may contract with any municipality adjacent to such City to supply such municipality with water for domestic, mechanical, public, or fire purposes; or may contract, to the same end, with any person, copartnership, or corporation, supplying any such adjacent municipality with water for domestic, public, or fire purposes, upon such terms and conditions as said water board may deem proper; provided, however, that all water so furnished shall be measured by meter at the expense of such municipality, person, co-partnership, or corporation, as the case may be; and that the rate per thousand gallons, fixed by said water board, shall not be less than the gross average income per thousand gallons for all water furnished such metropolitan City and its inhabitants by such municipal water plant; provided, further, that in computing the income of such water plant, each fire hydrant located within such metropolitan City shall be assumed to produce a reasonable revenue to be definitely fixed by said board.

History. Amended, * to inserted, and all after † added 1905, H. R. 8; in force March 9.