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such further duties with relation thereto as may be prescribed or defined by ordinance of the city. There shall be a city electrician who shall be appointed on the recommendation of the water commissioner and shall be under the direction of the water commissioner, and shall have such duties and powers and shall receive such compensation as may be prescribed by ordinance. The water commissioner shall have such further powers and duties as may be prescribed by ordinance.

History. Amended 1905, H. R. 228, sec. 7; in force April 3.

7775. Limit on amount of levy.

The mayor and council shall have power to levy in any one year a tax on the taxable property within the city for (1) general purposes not to exceed $12,500 in addition to the salaries of the different departments; (2) for lighting the streets of the city not to exceed in any one year the sum of $17,700; (3) for the fire department, not to exceed in any one year the sum of $44,500; (4) for the police department not to exceed in any one year, the sum of $20,000; (5) for paving, repaving, macadamizing and repairing intersections not to exceed in any one year, the sum of $19,000; (6) for the sewer department, including interest on sewer bonds, and all necessary help except salary of engineer, and deputy, not to exceed in any one year the sum of $13,500. Provided, however, that the mayor and council shall have the power to levy a special fund for the years 1906 and 1907, in an amount not to exceed $11,000 per year for storm water extensions in addition to the fund of $13,500 herein authorized; (7) for the water department for water extensions, repairs, interest, salaries, and all supplies in water department not to exceed in the year 1905 the sum of $20,000, and not to exceed in any one year thereafter the sum of $7,000 in addition to the collections of the department; (8) for the city library, not to exceed in any one year the sum of $7.700; (9) for payment of principal and interest on bonded debt, a sufficient sum to pay the principal and interest maturing within the year; (10) for judgments, a sufficient sum to pay the same; (11) for the purchase of a city hall and grounds in connection therewith, a sum not to exceed $20,000 in any one year; (12) for sidewalk purposes, a sum not to exceed $1,000, and the sidewalk certificates issued on account thereof shall be credited to said fund. When the amount in said fund including the sidewalk certificates and other credits belonging thereto shall exceed the sum of $1,000, no levy shall be made and no levy shall be made at any time to increase the amount of said fund, including the credits belonging thereto, above the sum of $1,000. The mayor and council may set apart out of the general fund for road purposes a sum not to exceed $2,000 in any one year. The council shall have the power to assess, levy and collect, a poll tax, not to exceed three dollars upon every male inhabitant of said city between the ages of twenty-one and fifty years, sane and not a public charge, as a pauper, or not a member of the police or fire department. The council shall also have the power to assess, levy and collect a special tax on all dogs in the city, and the fund so arising shall be paid into a special, police fund of the city. Road taxes collected from property in the city shall be paid to the city treasurer, and expended as the council may direct.

History.-Amended 1905, H. R. 228, sec. 8; in force April 3.

7796. Grading-Paving-Curbing.

The council may grade, partially, or to an established grade, curb, gutter, or otherwise improve or repair, any street, public way or part thereof, including the sidewalk space, at public cost or by a levy of special assessments on the property specially benefitted thereby proportionate to benefits; but grading to an

established grade, curbing or guttering shall be done only on petition of the owners of the majority of the abutting property. When the street or public way shall have been brought to an established grade the council shall have power and authority to bring the sidewalk of the abutting property, and shall have the power and authority thereupon to levy special assessments against the property benefitted on account thereof, not to exceed however the cost of the improvement. Ordinary repairs, not including however repaving, shall be at public cost. The council may pave, repave or macadamize any street or public way or part thereof, and create paving, repaving or improvement districts therefor, to be consecutively numbered, but no such work shall be finally ordered by the council until a petition of the owners of the record title representing a majority of the abutting property in the district, shall be presented and filed with the city clerk, petitioning for such work. The sufficiency of the petitions so presented shall be finally determined by the council, and their determination thereof shall be conclusive in the absence of objection made and presented prior to the completion of the improvement. In all cases of paving, repaving or macadamizing, there shall be used such material under the direction of the city council, as the owners of a plurality of abutting property petitioning therefor shall determine. In case such owners fail to determine the material or materials to be used as herein above provided, then and in that event the council shall determine the material or materials to be used. Cost of so improving public ways may be in whole or in part assessed proportionate to benefits, on the property specially benefitted. The total amount thereof shall be levied at once, one-tenth to be delinquent in fifty days, one-tenth annually thereafter, each installment to draw six per cent interest from levy payable annually, installments delinquent to draw one per cent interest per month. If abutting property is not of uniform depth, or it be just and proper, the mayor and council may fix the depth to which property may be charged and assessed for benefits, and to greater depths than the lots fronting on the streets so improved. If in any city governed by the provisions of this act, there shall be any real estate belonging to any county, school district, or municipal or other quasi-municipai corporation abutting upon the street or public way whereon paving, repaving or other special improvements have been ordered, it shall be the duty of the board of county commissioners, board of education, or other proper officers to pay such special taxes or assessments, and in the event of neglect or refusal so to do, the city may recover the amount of such special taxes or assessments in any proper action, and the judgment thus obtained may be enforced in the usual manner. The council may order the owner of lots abutting on a street to be paved to lay gas and water service pipes to connect mains, and if they neglect so to do, to cause the same to be laid, and assess the cost thereof on the property in like manner as sidewalk assessments, and to be collected and enforced as special taxes. For the amount of special assessments the mayor and council may by ordinance issue bonds called "District Paving Bonds of No. -," payable at not over ten years with annual coupons at not over six per cent, and such special tax shall be a sinking fund for payment thereof. The total special tax on any lot may be paid within fifty days of its levy and the money so paid shall go to the sinking fund. Cost of improving intersections may be paid by the city, but street railways shall be charged with the cost of all paving or improvements included between and to one foot beyond their outer rails in any part of the street. To pay costs of improvements of intersections, if not included in special assessments on benefited property, and along public property not assessable, the city may issue bonds called "Paving Bonds, to run not over twenty years, proceeds whereof shall be used only for paying costs of such improvements, the aggregate sum issued in any one year not to

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exceed fifty thousand dollars, nor shall such bonds issue until submitted to the electors and authorized by a majority of those voting thereon; To pay cost of curbing and guttering public ways, the mayor and council may issue bonds called "Curbing Gutter Bonds, District No. payable in not over ten years, with interest coupons at not over six per cent, and assess the cost, not exceeding the special benefits on abutting property, said assessments to become due, delinquent, draw interest and be subject to like penalty and collected as other special taxes, and constitute a sinking fund for the payment of such bonds; No bonds of either class shall be sold or delivered until necessary to make payments for work done on such improvements. In considering the number of petitioners requisite "abutting property" shall include all chargeable with cost of the improvement. Contractors for such improvement or material shall give bond with at least two resident freehold sureties, who shall justify on oath to be worth double the amount for which they are sureties over all debts, liabilities, obligations and other exemptions, in half amount of such contract for faithful performance thereof. No contract or extensions thereof beyond two years shall be made without assent of the electors at a general election taken as in case of vote on issue of bonds. This shall not apply to guarantee for work done. History. Amended 1905, H. R. 228, sec. 9; in force April 3.

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7814. Bonds to purchase or build lighting plant.

The council shall have power to purchase or construct a lighting plant and all appliances necessary or incident thereto, together with such real or personal property as may be necessary therefor for the lighting of the streets of the city, city buildings and parks, and to furnish light to the inhabitants of said city, and may maintain and operate such lighting plant, and may purchase or construct any and all appliances necessary in the operation or maintenance of such plant, and may purchase, condemn, or lease any real or personal property necessary for the establishment or operation of such plant. The city shall have power to borrow money and pledge the credit and property of the city upon its negotiable bonds, or otherwise, to an amount not exceeding $150,000, for the purpose of constructing or purchasing a lighting plant, appliances, and real or personal property necessary therefor, provided, however, before the purchase. or construction of such plant or appliances, or real and personal property necessary therefor, or the issuance of such bonds, the purchase or construction there of, and the issuance of such bonds shall be authorized by a vote of the electors of the city voting thereon at a general or special election; provided that if said

question is submitted to a special election, it shall require, to carry the same, a majority of all the votes cast at said election, and a number of votes equal to a majority of the votes cast in said city at the last general city election. The Mayor and Council shall have power to create districts for the construction of water mains and appliances for fire protection in such districts and upon a petition of the owners representing three-fifths (3-5) of the abutting property in such districts, the mayor and council shall have the power and authority to construct water mains and appliances therein for fire protection and assess the costs thereof against the abutting property in said districts, not exceeding, however, the special benefits accruing on account thereof. The assessments shall be made as provided for the assessments of special benefits on account of paving. The total amount thereof to be levied upon the completion of the work in the district, 1-10 to be delinquent in fifty days, 1-10 annually thereafter, each installment to draw 6 per cent interest from levy, payable annually, installments delinquent to draw I per cent interest per month. For the amount of the special assessment bonds of the city known as fire district bonds, may be issued by the mayor and council, payable at not over 10 years with annual coupons of not over 6 per cent, and such special tax or assessments shall constitute a sinking fund for the payment thereof.

History. Amended 1905, H. R. 79; in force March 30 and again by H. R. 228, sec. 10; in force April 3, which is the one here given.

7829. To levy taxes.

To levy taxes for general revenue purposes on all, property within the limits of said city taxable according to the laws of Nebraska. Provided that the assessment of railroad property within the city as returned by the state board of equalization to the county clerk of the county wherein the city is located shall be the assessment of such property.

History.-Reenacted 1905, H. R. 228, sec. 11; in force April 3.

7834

3. In an action for damage sustained by a defective walk that the city had actual or constructive notice of the fact complained of is a substantive fact to be es

7836. Regulate traffic.

tablished by the evidence, and must be left to the inference or conjecture of the jury. Northdruft v. City of Lincoln, 66 Neb. 430; 96 N. W. R. 163.

To regulate the transportation of articles through the streets, and to prevent injuries to the streets from overloaded vehicles, and to provide for a vehicle license or tax.

History. All after* added 1905, H. R. 228, sec. 11; in force April 3.

7842. Occupation or business tax-License.

To raise revenues by levying and collecting a license, or occupation tax on any person, partnership, corporation or business, within the limits of the city, and regulate the same by ordinance, except as otherwise in this act provided. All such taxes shall be uniform in respect to the class upon which they are imposed; provided, however, that all scientific and literary lectures, and entertainments shall be exempt from such taxation as well as concerts and all other musical entertainments given exclusively by the citizens of the city.

History.-Amended 1905, H. R. 228, sec. 11; in force April 3.

7854. Lighting franchises.

To make contracts with and authorize any person, company or association, to erect gas works, electric or other light works in said city, and give such person, company or association the privilege of furnish [ing] light for the streets, lanes

and alleys of said city at any length of time not exceeding one year, or for any time not exceeding five years upon being authorized so to do by a majority vote of the electors of such city. * The mayor and council shall not have the power to grant a franchise for any purpose for a period longer than twenty-five years. Franchises to be granted for a longer period than twenty-five years shall be submitted to a vote of the people and shall require a majority vote of the electors of the city voting thereon, at a general or special election. All franchise ordinances shall require three readings on three separate days before passage by the council.

History.—All after * added 1905, H. R. 228, sec. 11; in force April 3.

SOUTH OMAHA CHARTER-25,000 TO 40,000.

ARTICLE III.-CITIES OF FIRST CLASS.

8000

1. This charter held valid. State ex rel.

v. Nolan, Neb. -; 98 N. W. R. 657.

8024. Compensation of officers.

The several officers herein named shall receive such compensation as may be fixed by ordinance not exceeding the amounts herein provided, per year, respectively. And they shall each give bonds for the faithful and honest discharge of their duties in the amounts herein specified, such bonds to be furnished by one or more surety companies of recognized and established responsibility. Provided, also, that the provisions of this section shall apply to officers holding over as herein provided. All bonds to be approved by the mayor and city council and the premium on all surety bonds except the bonds of councilmen, shall be paid by the city.

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Salary per annum.

.$1,500.00
.$2,000.00

. $1,000.00

Bond to be given.

$2,000.00

$100,000.00

$1,000.00

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Tax Commissioner

Each Councilmen

..$ 600.00

$3,000.00

Each policeman and fireman shall receive not to exceed the sum of Seventy Dollars ($70.00) per month, and each officer of the police and fire department under the rank of chief shall receive not to exceed the sum of Eighty Dollars ($80.00) per month. No policeman shall be allowed fees as a witness in any criminal case tried in any court of the county, nor shall any officer or employe of this city be allowed any fees as a witness for the city in any case. History. City engineer raised from $1,200, 1905, S. F. 263; in force July 1.

8026. Calling special meetings.

The mayor and three councilmen shall have power to call special meetings of the council. The call shall be in writing and state the object of the meeting; and the call and the return thereto or thereon shall be entered on the Journal by the

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