action be liable for costs and the expense of litigation. No street, avenue or alley, or part thereof, shall be graded to the established grade except where the grade is changed pursuant to the provisions of this act and the damages, if any, have been assessed and paid, or payment waived, until the damages to the property adjacent or abutting, shall be assessed and determined by three disinterested free holders to be appointed by the mayor and confirmed by the council. The proceedings in relation to the appraisement and with reference to any appeal from the order of confirmation and the manner and time thereof, shall be in all respects the same as hereinbefore provided in relation to the change of established grade. History. Amended 1905, S. F. 188; in force April 4. 8148. Damage for change of grade paid before work done. No street, avenue, or alley, or part thereof, shall be worked down to grade, nor the grade of any street avenue or alley changed, in whole or in part, until the damages assessed and awarded, if any, as provided in this act, shall be paid or tendered; unless the payment or tender thereof shall be waived in writing by the owner or his authorized agent. History. Amended 1905, S. F. 188; in force April 4. 8152. Petitions for street improvements. All petitions for public improvements under this act, shall be upon printed blanks to be furnished by the city clerk upon application. The petition shail be prepared in conformity with the legal provisions relating to such improvement. Each petition shall contain a column for the date, for the signature of the signer, for the lot, block or other description of the property, and for the foot frontage and depth respectively. All signatures must be written in ink or indelible pencil. The signing of the petition by each person shall be duly acknowledged before a Notary Public. No signature shall have a condition or other qualification attached; and anyone signing the petition with a condition or qualification attached shall void entirely such signature, and the property signed for in this manner shall not be counted in determining the sufficiency of the petition. After a petition is duly prepared in accordance with the foregoing provision, it shall be filed with the city clerk and the date of the filing thereof shall be entered thereon by him; and after the filing thereof as aforesaid, no petition shall be returned or withdrawn, nor shall any additions or alterations be admitted allowed or counted. History.-Amended 1905, S. F. 188; in force April 4. 8190 1. The record of a party wall contract is notice to the world. Loyal Legion v. Jones, Neb. -; 102 N. W. R. 621. 8209. Temporary and permanent walks. 8204 1. This section is not in conflict with 8062. State ex rel. v. Nolan, Neb. 98 N. W. R. 657. - The mayor and council may provide for the construction and laying of sidewalks upon any and all of the streets, avenues and thoroughfares of the city, or any part thereof. Sidewalks shall not be constructed or laid by or under the authority of the city except after reasonable notice to the property owner to construct and lay the same and pursuant to reasonable regulations in relation thereto, as to the manner and mode of construction and laying the same. Upon all of the streets, avenues and thoroughfares, or parts thereof, graded to the established grade, and upon those which in all probability will not be further graded, permanent sidewalks only shall be constructed and laid. Upon all other streets, avenues and thoroughfares, or parts thereof, not graded to the established grade and upon which in all probability future grading will be done, temporary sidewalks of stone, either natural or artificial, brick, cinder or other permanent material may be ordered constructed and laid. All sidewalks shall be constructed and laid pursuant to such reasonable regulations as to material, width, space and other matters of detail as the council may fix by ordinance. In order to pay the cost of constructing and laying such sidewalks as may be laid by or under the authority of the city; the mayor and council may, by ordinance, levy special taxes and assessments against the property adjacent to which such sidewalks have been laid. The special taxes and assessments shall be levied and collected in the usual manner as may be provided in this act, for levying and collecting special taxes and assessments. All such taxes and assessments shall be due on and after the date of the passage and approval of the ordinance levying the same and shall be delinquent in fifty days thereafter, and after delinquent shall bear interest at the rate of twelve (12) per cent per annum. The special taxes and assessments so levied, shall constitute a lien prior and superior to all other liens, except those for general taxes and other special assessments; and when collected, the same shall be held and used for no other purpose than paying the cost of the construction and laying of sidewalks as herein provided. History.—Amended 1905, S. F. 188; in force April 4. 1. That one injured in consequence of a defect in a street had knowledge of the defect beforehand does not per se establish negligence on his part, but ordinarily is merely one of the circumstances to be taken into account by the jury determin- 8210. Grounds for city buildings-Viaducts. Unoff. The mayor and council may purchase the necessary grounds and erect thereon a city hall and other buildings that may be necessary for the use of the city. For the purpose of paying the cost thereof, the mayor and council are authorized to issue bonds in any sum not exceeding one hundred thousand ($100,000) dollars. Provided, however, that no bonds therefor shall be issued until such issue is authorized by a majority vote of the electors of said city, voting on the proposition, at an election called and held for that purpose whereat a proposition for authority to issue the same shall be submitted. Notice of such an election, stating the date on which the same shall be held and the maximum amount for which bonds shall issue, shall be published in the official paper of the city ten times at least, ten days before the date of the election. Nor shall an election for the purpose aforesaid be called until a petition, signed by at least one hundred (100) resident taxpayers of said city, as determined by the city records and tax rolls of the year immediately preceding shall be presented to the mayor and council asking that an election shall be called for the purpose herein specified. When any bonds of said city shall be issued for the purpose herein specified, the mayor and council shall levy annually upon all the taxable property of said city, such taxes as may be necessary to provide a sinking fund to pay said bonds at maturity and to pay the interest as the same accrues thereon. The mayor and council shall have power to require any railroad company owning and operating any railroad 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 the viaduct or viaducts as may be deemed and declared, by the mayor and council, necessary for the safety and protection of the public. The approaches to any such viaduct which any railroad company or companies may be required to construct or reconstruct and keep in repair, shall not exceed, for such viaduct, a total distance of twelve hundred feet. When any such viaduct shall be deemed or declared, by ordinance necessary for the safety and protection of the public, the mayor and council shall provide for, appraise, assess and determine damages, if any, which may be caused to any property by reason of the construction of any viaduct and its approaches. The proceedings for such purpose shall be the same as provided herein for the purpose of determining the damages to property owners by reason of the change of grade of the streets and such damages shall be paid by the city, and may be assessed by the council against property specially benefited by reason of the construction of any such viaduct and the approaches thereto, the width, height and strength of any such viaduct and the approaches thereto, the material therefor and the manner of the construction thereof, shall be as required by the mayor and city council. When two or more railroad companies own or operate separate lines of tracks to be crossed by such viaduct, the proportion thereof and of the approaches thereto, to be constructed by each, or the cost to be borne by each shall be determined by the mayor and council. After the completion of any such viaduct any revenue derived therefrom by the crossing thereon of any street railway line, or otherwise, shall constitute a special fund and shall apply in making repairs to such viaduct. All ordinary repairs to any such viaduct or to the approaches thereto, shall be paid out of such funds, if there be any. History. Amended 1905, S. F. 211, sec. 1; in force April 4. 6. Liability of municipal corporations on defective, voidable, and void contracts. Paper by Eugene McQuillin, 52 C. L. J. 44. 8338. Personal injuries-Notice. No city 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 of the accident or injury complained of with the statement of the nature and extent thereof, and of the time when and the place where the same occurred shall be proved to have been given to the mayor or city clerk within thirty (30) days after the occurrence of such accident or injury. And it is hereby made the duty of the clerk to keep a record of such notice, showing time when and by whom such notice was given and describing the negligence complained of; to at once file such notice and report the same to the city council at its next meeting. And provided further, no costs shall be recovered against such cities. in any action brought against them for personal injury sustained by reason of negligence of such city, which has not been presented to the city council to be audited; nor upon claims allowed in part, unless the recovery shall be for a greater sum than the amount allowed, with the interest thereon. History. Amended 1905, S. F. 211, sec. 1; in force April 4. To lay off the city into suitable districts for the purpose of establishing a system of sewerage and drainage; to provide such system and regulate the con struction, repair, and use of the same; to compel all proper connections and branches from other streets, avenues, alleys, and from private property; and to provide a penalty not to exceed one hundred ($100) dollars for any obstruction or injury to any such sewer or drain or part thereof or for failure to comply with the regulations prescribed; and provided, That in case any property owner shall neglect or fail, after notice, either by personal service or by publication in some paper in the city of general circulation therein not less than ten days (10) to comply with such regulations, or make such connections, the mayor and council shall have power to cause the same to be done and assess the costs thereof against the property, and said tax to be collected as other special taxes, but unless a majority of the resident owners of the property subject to assessment for such improvements petition the council to make the same, such improvements shall not be made until three fourths of all the members of such council shall, by vote, assent to the making of the same, without cost to the city, whereupon, upon such petition or such vote of said council, the mayor and council shall order such sewer laid, and assess the costs thereof against the property abutting upon such street, avenue, or alley, or such part thereof within which any such sewer has so been placed. The assessment of special taxes for sewer therein provided for shall be made as follows: The total costs of the improvements shall be levied at one time upon the property and become delinquent as herein provided; one-fifth (1-5) of the total amount shall become delinquent in fifty (50) days after such levy; one-fifth (1-5) in one year; one-fifth (1-5) in two years; one-fifth (1-5) in three years; one-fifth (1-5) in four years. Each of said installments, except the first, shall draw interest at the rate of not exceeding five (5) per cent per annum from the time of the aforesaid levy until the same shall become delinquent, and after the same becomes delinquent, interest at the rate of one (1) per cent per month shall be paid thereon; such taxes shall be collected and enforced as in cases of other special taxes. For the purpose of paying the cost of any such sewer in any such district, the mayor and council shall have power and may, by ordinance cause to be issued bonds of the city, to be called "District Sewer Bonds of District No. payable in not exceeding ten (10) years from date, and to bear interest payable annually not exceeding the rate of five per cent per annum, with interest coupons attached, and after the expiration of five (5) years an equal amount of said bonds shall be redeemable each year, and in such case shall also provide that said special tax and assessments shall constitute a sinking fund for the payment of said bonds and interest; provided, that the entire cost of such sewers in any such street, avenue, or alley, shall be chargeable to the private property therein, and may be paid by the owner of such property within fifty (50) days from the levy of such special taxes, and thereupon said property shall be exempt from any lien or charge therefor. Said bonds shall not be sold for less than their par value and if any assessment or any part thereof shall fail or for any reason be invalid the mayor and council may make such other and further assessments on said lots or lands as may be required to collect from the same the cost of any such sewer properly chargeable thereto as herein provided, Provided, further, That the aggregate of any such bonds issued in any one year shall not exceed twenty-five thousand dollars ($25,000), And, provided, that in making said special assessments the same rule as to the depth of the property to be assessed shall apply as provided in subdivision fifty-seven (57) of this section. History.—Amended 1905, S. F. 31; in force July 1. 8376. Weights and measures. To establish standard weights and measures and to regulate weights, meters and measures to be used in the city, and to regulate the weighing and measuring of every commodity sold in the city, including water, gas and electric light, in all cases not otherwise provided by law, and to prohibit and punish the use of imperfect weights, measures, weighing apparatus and meters. History. Amended 1905, S. F. 262; in force April 4. 8377. Inspect fuel and feed. To provide for the inspection of electric light, water and gas meters, and the inspection and weighing of hay, grain and coal and the measuring of wood and fuel to be used in the City, and to determine the place or places of the same, and to regulate and prescribe the place or places of exposing for sale of hav, coal and wood and to provide for the appointment of an inspector and to fix the fees and duties of the inspector and of other persons authorized to perform such duties. History. Amended 1905, S. F. 262, sec. 2; in force April 4. 8401 9. This gives a city power to levy a general tax to pay district paving bonds. Such bonds containing no stipulation lim iting the recourse of their holders to special taxes create a general liability. United States ex rel. Masslich v. Saunders, 124 Fed. R. 124. 8407. Lighting-Heating-Power-Water supply-Bonds. The mayor and council shall have power to make contracts with and authorize any person, company or corporation to erect gas works, power plant, electric or other light works, heating plant or water works in said city and give such persons, company, or corporation the privilege of furnishing water, lights, power or heat for the streets, lanes, alleys, and public places and property of said city and its inhabitants for any length of time not exceeding twenty (20) years; to purchase or provide for, establish, construct, maintain and operate and regulate for the city any such water works, gas, power plant, electric or other light works or heating plant, or to condemn or appropriate for the use of the city water works, gas works, power plant, electric or other light works, or heating plant, in a manner and form as provided in section fifty two and to levy a tax for the purpose of paying the costs of lighting the streets, lanes, alleys and other public places or property of said city or for the purpose of furnishing water for said city or for the purpose of furnishing heat or light or power therefor or for the purpose of buying or establishing, extending or maintaining such water works, gas, electric or other lighting works, or heating or power plants, and not exceeding five mills on the dollar for any one of said prospective purposes; and where the amount of money which would be raised by the tax levied provided for in this section would be insufficient to establish or pay for a system of water works, gas, electric, or other light works, or heating, or power system, to borrow money and pledge the property and credit of said city upon its negotiable bonds or warrants to an amount not exceeding Fifty Thousand Dollars for the purpose of establishing or paying for, maintaining and operating such water works, as, electric, or other lighting works, heating or power plants, provided that no uch bonds or warrants shall be issued by the city council until said council by a majority vote and with the approval of the mayor shall have submitted the question to the electors of said city at an election held for that purpose, notice of which shall be given by publication in some newspaper published in said city at least thirty days before the date of said election and a majority of the electors voting upon the proposition shall have voted in favor of issuing such bonds, and when any such bonds shall have been issued by any such city to levy annually upon all taxable property of said city such tax as may be necessary for a sinking fund for the payment of accruing interest on such bonds and the principle at maturity, and to provide for the office of water commissioner, power |