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7664. Secretary-General manager.

The water board shall, at its first regular meeting, appoint a water commissioner who shall act as secretary of the board and who shall have general supervision and management of the construction, operation and maintenance of any water plant owned by such City, subject to the direction of the board and who shall hold office at the pleasure of the board. No one shall be appointed water commissioner who shall not possess technical knowledge and experience in waterworks construction. Said water commissioner shall give bond for the faithful performance of his duties in the sum of ten thousand dollars ($10,000.00) the same to be filed with and approved by the water board-and shall receive such compensation as the board may determine, which compensation shall not be decreased during the incumbency of any appointee. The board may employ, appoint and designate such other employes, and assistants as it may deem proper for the operation and maintenance of the water plant, and for the conduct of the affairs of the board, prescribe their duties and fix their compensation, the same, together with that of the water commissioner, to be paid by warrants drawn upon the water fund. The board may also retain and employ legal counsel and provide for the compensation thereof as in the case of other employes. History. Amended 1905, H. R. 8; in force March 9.

7665. Tenure of office-Civil service.

No regular appointee or employe of the water board,* excepting water commissioner, who shall have been in its service for more than one year, shall be subject to removal except upon a two-thirds vote of the full board, and then only for cause, the same to be stated in writing and filed with the secretary of the board at least thirty (30) days prior to such a removal; provided, however, that undue activity or participation in municipal politics shall be deemed a just cause for removal, in the discretion of the board, it being the intent and purpose of this act not only to remove the water board, but likewise, its employes, from the influence of partisan politics. Nothing herein contained, however, shall be construed as prohibiting the board from terminating at any time, the service of temporary employes, or from making a permanent reduction in the number of its regular employes, whenever such action may be deemed necessary or expedient.

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

7667. Water fund.

The water fund shall consist of all moneys received on account of any water plant, owned or operated by such City, for water service or otherwise, together with a water tax to be levied-in lieu of the "fund for paying water rent for fire purposes and for public use"-by the mayor and council, at the same time, and as in the case of other funds provided for city purposes under the provisions of the charter of such city, the amount of said tax to be certified to the mayor and city council by the water board on or before the second Tuesday in January in each year, and not to exceed the sum of one hundred thousand dollars ($100,000.00), and it shall be mandatory upon the mayor and council to levy the same as above provided. Such fund, together with any interest received thereon, shall be used only for the purpose of paying for water for public use and hydrant rentals, if any; interest on any water bonds issued by the City, the cost of operation, maintenance and extension or improvement of any water plant owned or operated by such City, and the salaries and expenses of the water board, its employes and assistants as herein provided. The balance remaining in the water fund at the end of each year shall be placed in a sinking fund, provided for the payment of any outstanding water bonds of such City, or for the ex

traordinary improvements of any water plant owned or operated by such City. Provided that no sinking fund shall exist until after a water plant shall have been acquired, and that any such balance now in any water fund, or heretofore placed in such sinking fund shall continue in or be restored to the water fund for the uses of the water board in acquiring any such water plant and as herein provided; and that any such balance in subsequent years, and until a water plant has been acquired, shall remain in the water fund for such uses by the water board.

History.-Amended and all after inserted 1905, H. R. 8; in force March 9.

7708. Powers.

LINCOLN CHARTER, 40,000 TO 100,000.

ARTICLE II.-CITIES OF FIRST CLASS.

Cities governed by this act shall be bodies corporate and politic, and shall have powers: First.-To sue and be sued. Second.-To purchase or lease real and personal property for its use. Third.-To purchase real and personal property upon sale for general or special taxes or assessments and to lease, or sell and convey such property so purchased. Fourth.-To sell and convey real or personal property owned by the city, and to make such orders respecting the same as shall be deemed conducive to the interests of the city; but shall not have the power to sell any real estate of the city, except such real estate as may be purchased upon sale for general or special taxes or assessments, unless authorized so to do by a vote of the majority of the electors of such city at a general or special election therefor. Fifth.-To make contracts and do all acts relative to the property and concerns of the city necessary or incident to the exercise of its corporate powers, including the power to execute such bonds and obligations on the part of the city as may be required in judicial proceedings. Sixth.-To acquire, maintain, and operate public service property and to redeem such property from prior incumbrance in order to protect or preserve the interest of the city therein and to exercise such other and further powers as may be necessary or incident to the powers conferred upon such city. The powers hereby granted shall be exercised by the mayor and council of the city except in cases otherwise specified by law. The mayor and council shall adopt a corporate scal for the use of any officer, board or agent of the city, whose duties under this act or under any ordinance require an official

seal.

History. Amended 1905, H. R. 228, sec. 1; in force April 3.

7711. Elections-When held.

The general city elections in cities governed by the provisions of this act shall be held on the first Tuesday in April in the year 1905, and on the first Tuesday in May every two years thereafter. Provided, however, that a Special City Election shall be held on the first Tuesday in June, 1905, for the purpose of electing seven city aldermen as provided by this act. At all general and special city elections held under the provisions of this act, the polls shall be open in each election district at such places as may be designated by the mayor, or fixed by ordinance, and shall be kept open between the hours of eight o'clock a. m. and seven o'clock p. m. and no longer. Provided, further, that all incumbents in office, including the seven councilmen, whose term of office under operation of existing law, expire in the year 1906, shall be privileged to continue in office until the general city election to be held in the year 1907.

History.-Amended 1905, H. R. 228, sec. 1%; in force April 3. This section was also amended by H. R. 70, which took effect March 23, which was repealed by this act.

7712. Elective officers.

At the general city election to be held in the year 1905, the following named officers shall be elected by a plurality vote of the electors of the city for a term of two years, namely: a mayor, city treasurer, city clerk, tax commissioner and two excisemen. At the general city election to be held in the year 1907, and every two years thereafter, there shall be elected by a plurality vote of the electors of the city, the following named officers: a mayor, city treasurer, city clerk, city attorney, city engineer, police judge, water commissioner, tax commissioner, and two excisemen, also seven ward councilmen, said seven ward councilmen to be elected one from each of the several wards of the city, and nominated by the party electors of their respective wards, and elected by the electors thereof. At the special city election to be held on the first Tuesday in June, 1905, as provided in section 12 of this Act there shall be elected by a plurality vote of the electors of the city, seven city aldermen, who shall hold their offices respectively until the general city election to be held under the provisions of this Act in the year 1909. Said seven city aldermen shall be nominated by the party electors of the entire city, and elected at large and after the year 1909 said seven city aldermen shall be clected for the term of four years in the manner herein provided. Said seven city aldermen and said seven ward councilmen shall constitute the City Council of cities governed by the provisions of this act. The seven councilmen, present incumbents, whose terms of office are extended under the provisions of this act to the year 1907, shall be regarded as ward councilmen. The Mayor shall be exofficio president of the said council, and shall preside at the meetings thereof, and shall appoint the standing committees of said council, and in the event of a tie vote shall cast the deciding vote. Provided, however, that the Council shall have the power to elect a president pro tem, who shall preside over the meetings of a council in the absence of the Mayor and who shall exercise the powers of the Mayor on his absence from the city. All officers elected under the provisions of this act shall be privileged to hold their respective offices for the term for which they were elected and until their successors are duly elected and qualified. The term of all officers elected under the provisions of this act shall commence on the first Tuesday after their election.

History.-Amended 1905, H. R. 228, sec. 2; in force April 3. This section was also amended by H. R. 70, which took effect March 23, which was repealed by this act.

7714. Appointive officers.

The mayor by and with the consent of the council may appoint the following officers: Chief, and Assistant Chief of the fire department, inspector of meats. and live stock, city physician, street commissioner, assistant street commissioner, city electrician, and building inspector, who shall be a person of practical experience in the erection and construction of buildings, Humane Officer and such other officers as may be provided for in this act, excepting such officers whose appointments are otherwise provided for herein. Any of such officers so appointed may be removed at any time by a vote of three-fourths of all of the members of the council. Confirmation of officers by the council shall be made viva voce, and the concurrence of a majority of the council shall be required, and the vote by yeas and nays shall be recorded. The chief of police, police matron, and such number of policemen as the excise board may authorize shall be appointed by the excise board as hereinafter provided, and may be removed by such board, or by the mayor and in case of emergency the mayor may appoint special police, who may be removed at the pleasure of the mayor.

History. Amended 1905, H. R. 228, sec. 3; in force April 3.

7720. Salaries not changed during term.

The salaries of the officers of the city shall be fixed by ordinance, not to exceed however the following sums respectively: the mayor, one thousand dollars per annum; treasurer, two thousand dollars per annum; deputy treasurer, twelve hundred dollars per annum; assistant treasurer, nine hundred dollars per annum; councilmen, three hundred dollars per annum; city clerk, fifteen hundred dollars per annum, including the making of tax lists; deputy city clerk nine hundred dollars per annum; city engineer, eighteen hundred dollars per annum; assistant city engineer seventy-five dollars per month; street commissioner, seventy-five dollars per month; city attorney, eighteen hundred dollars per annum; deputy city attorney, twelve hundred dollars per annum; water commissioner, fifteen hundred dollars per annum; chief of fire department, eighteen hundred dollars per annum; assistant chief, $100 per month; firemen one year's service in the department $60 per month; two years' service in the department $70 per month, thereafter $80 per month; captains in the department, $90 per month and lieutenants $85 per month; police judge, twelve hundred dollars per annum; chief of police, one hundred dollars per month; captain of police, eighty dollars per month; policemen, sixty dollars per month; city physician, six hundred dollars per annum, said city physician to furnish all drugs or medicines used in his department free of charge to the city; tax commissioner, twelve hundred dollars per annum; Humane officer not to exceed $25 per month the foregoing to be construed as limitations and not fixed salaries. All other officers and employes of the city shall receive such compensation as the mayor and council shall fix by ordinance or resolution at the time of their employment; Provided, however, that if any officer absents himself from the city for a period of sixty days or more, he shall forfeit his salary during such absence, and if absent for ninety days, his office may be declared vacant by the mayor and three fourths of all the members of the council. The emoluments of no officer whose election or appointment is provided for by this act shall be increased or diminished during the term for which he was elected or appointed, and no person who shall have resigned or vacated any office, shall be eligible to the same or any appointive office during the time for which he was elected or appointed. No person shall be appointed to any office who is not qualified by practical experience in the particular line of the duties of his office. History. Amended 1905, H. R. 228, sec. 4; in force April 3.

7732. Tax commissioner-Duties-Powers.

The tax commissioner shall be the assessor of the city, and shall hold his office for a term of two years, and until his successor shall be elected and qualified; he shall on or before the first day of April in each year assess at a fair cash value all real and public service property within the corporate limits of the city not exempt by law from taxation. Provided that the tax commissioner shall take the valuation and assessment of railroad property within the city limits from the returns made by the state board of equalization to the county clerk of the county in which the city is located. He shall take from the county assessment rolls the assessment of personal property in the city except the assessment of personal property of public service corporations, and shall have the power to increase or diminish the personal assessment as a whole, and the personal assessment of any individual, partnership or corporation, as in his judgment shall seem necessary for the proper valuation thereof for assessment purposes. Upon procuring a copy of the assessment of personal property from the county and after correcting or modifying the same as in his judgment shall be deemed proper in making a fair valuation thereof, the same shall stand as the assessment of personal property for the city unless further corrected or modified by the board of equalization. The tax commis

sioner shall provide such blank form of schedule as in his judgment is required for the purpose of listing property and making assessments, and shall have the same power and authority to compel the full and complete listing of property for taxation as assessors under the state law, and shall have the power and authority to administer oaths to all persons required by law to list property for taxation in like manner as required by the revenue law of the state. The tax commissioner shall have such other and further duties and powers as may be prescribed or defined by ordinance.

History. Amended 1905, H. R. 228, sec. 5; in force April 3.

7733. Return of the tax commissioner.

The tax commissioner shali on or before the second Monday in June of the year for which the assessment is made, return his assessment books to the city clerk, verified by his affidavit, substantially in the following form:

State of Nebraska, missioner of the city of

...

County, SS: I,

tax com

do solemnly swear that the book to which this is attached contains a correct and full list of all real and personal property subject to taxation in the city of ..... so far as I have been able to ascertain the same. That I have made a full and complete list of the assessment rolls showing the assessment of all personal property made by the county within the city, except public service property, and I have examined the same and made such corrections as in my judgment were necessary to be made for a proper valuation thereof for assessment purposes, and return herewith a full and complete list of the same as the assessed valuation thereof; that I have diligently and by the best means in my power endeavored to ascertain the true amount and value of all real and personal property in the city, and that I verily believe the full value thereof is set forth in the above returns, and that in no case have I knowingly omitted to demand of any person, partnership or corporation, of whom I was required to make it, a statement of the amount and value of his or its property, which he or it was required by law to list, nor have I connived at any violation or evasion of the requirements of the law in relation to the assessment of property for taxation.

History.-Amended 1905, H. R. 228, sec. 6; in force April 3.

7762. Water commissioner-Duties.

The water commissioner, under the direction and supervision of the mayor and council, shall have control of the water works and lighting plant of the city, and of the erection, construction, maintenance and operation of the same, fixing the rates within such limits as may be prescribed by ordinance, to be paid by the inhabitants of the city for the use of water, water meters, hydrants and light. It shall be his duty to collect all money receivable by the city on account of said system of water works and lighting plant, and to faithfully account for and pay the same over to the treasurer at the end of each month, taking his receipts therefor in duplicate, and filing one of the same with the city clerk, to make a detailed report to the council at least once in three months, of the condition of said water system and lighting plant, and of all mains, pipes, hydrants, reservoirs, appliances and machinery, recommending such repairs and extensions thereof as he may think proper, showing the amount of the receipts and expenditures thereof, for the preceding three months. No bill or claim for any work or material done or furnished for said system of water works and lighting plant shall be paid or allowed, in whole or in part, except as the same shall have been first approved by said water commissioner and the water or light committee of the council. That the water commissioner shall be superintendent and shall have general charge of the lighting plant of the city, and shall have such further powers and perform

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