such improvements, repairs, and extensions thereof as he may think proper, and showing the amount of receipts and expenditures on acount thereof for the preceding six months, and no money shall be expended for improvements, repairs or extensions of said water works system, except upon the recommendation of said water commissioner. Said water commissioner shall perform such other duties as may be prescribed by ordinance. Said water commissioner shall be paid a salary fixed by ordinance not exceding one thousand dollars per annum, and upon his written recommendation the council or board of trustees shall employ such laborers and clerks as may to them seem necessary, and no member of the council or board of trustees shall be eligible to the office of water commissioner during the term for which he was elected. History. Amended 1905, S. F. 141; in force April 3.

To purchase, hold, and pay for, in the manner herein provided, lands not exceeding eighty acres in one body outside of the limits, for the purpose of the burial of the dead, and all necessary grounds for hospital grounds and waterworks. *The Council or Trustees are also empowered and authorized to receive by gift or devise, real estate for the purpose of cemeteries. Where such real estate is acquired by gift or devise, the title shall vest in the city or village upon the conditions imposed by the donor, and upon the acceptance by the Mayor and City Council or Chairman of Board of Trustees, or the Board of Trustees, and where such real estate is acquired by purchase the title shall vest absolutely in such city or village.

History. All after added 1905; in force July 1.

8744a. Tax for improving cemeteries.

The Mayor and Council, or the Board of Trustees, of such city or village, are hereby empowered to levy a tax not to exceed one mill on the dollar of valuation of the taxable property of such city or village, for any one year, for improving, adorning, protecting and caring for such cemetery. History-Laws 1905, S. F. 246, sec. 2; in force July 1.

8749. Work on streets-Commutation tax.

Each city and village governed by this chapter is hereby empowered to provide that every male inhabitant of the corporation between the ages of twenty-one and fifty years, shall, between the first day of April and the first day of November of each year, either by himself or satisfactory substitute, perform two days labor upon the streets, alleys, or highways within such corporation, or upon the public highways adjacent to said city or village, and within five miles thereof, at such times and places as the proper officer may direct, and upon three days notice in writing being given: Provided, That all persons so notified may commute the labor so required by the payment of two dollars to the proper officers of such city or village as may be provided by ordinance, and the funds arising under this section shall be expended by the city or village authorities in the repairs and maintenance of the street, alleys, and highways in said city or village, or upon the public highways and country roads adjacent to said city or village and within five miles thereof. They may provide further that for each day's failure to attend and perform the labor as required at the time and

place specified, the delinquent shall forfeit and pay the corporation any sum not exceeding one dollar for each day's delinquency. The amount so due for labor tax to the amount of Two Dollars upon failure to labor or commute, as above required, shall be treated and collected as taxes on property, and the same shall be a lien on all the property of such person that may be listed and assessed for taxation for that year, and the Council or Trustees of such city or village shall at the time provided by law, cause to be certified to the County Clerk the amount due from each individual as aforesaid, and the clerk shall place the same upon the proper tax lists to be collected in the manner provided by law for the collection of state and county taxes in the county where such city or village is situated, and the certificate of the city or village clerk that the person named therein has performed the labor or commuted as herein required shall be received by the county treasurer in discharge of the amount due from such perons. All moneys collected by the county treasurer under this section shall be paid over to the treasurer of the city or village wherein the same was levied and assessed. * The council or trustees of such city or village, shall upon petition being filed with the clerk of said city or village signed by a majority of the resident freeholders of such city or village, requesting such council or board of trustees to levy a tax in said petition mentioned, not exceeding 25 mills upon the assessed valuation of the property in said city or village, make a levy as in said petition requested not exceeding 25 mills upon all of the taxable property in said city or village, and certify the same to the board of County Commissioners as other taxes are levied by said city or village, or certified for the purpose of creating a fund to be expended solely in the improvement of the public highways adjacent to said city or village and within five miles thereof, and said funds shall be used exclusively for the purpose of improving the public highways in and adjacent to said city or village and within five miles thereof, and shall at all times be under the control and direction of the council or board of trustees of said city or village, for the purpose of improving the public highways adjacent to said city or village, and shall be expended under the authority and direction of the Council or Board of Trustees of said city or village, and are hereby granted the power and authority to employ such person or persons as they may select for the performance of said work under such rules and regulations as they may by ordinance provide for the expenditure of said funds for said purpose. History.-Amended and all after added 1905, S. F. 174; in force July 1.

8794. Electric light system-How established.

Any city of the second class in this state and any village shall have the power and is hereby authorized to establish and maintain a system of electric lights. for such city or village and the city council of such city or the board of trustees of such village shall have the power to levy a tax not exceeding five mills on the dollar in any one year for the purpose of establishing, extending, and maintaining such system of electric lights.

History.-Villages inserted 1905, S. F. 70; in force July 1.

8795. Bonds petition-Vote —Tax.

Where the amount of money which would be raised by the levy provided for in section 8794 would be insufficient to establish a system of electric lights as contemplated herein, in any city or village in this state, such city or village may issue its bonds bearing not to exceed five per cent. interest and maturing in twenty years, but payable at any time after the expiration of ten years, at the option of the city or village, for the purpose of raising a sum sufficient to establish such electric light system; provided, that the aggregate of bonds issued for such purpose shall not exceed two and one-half per cent. of the taxable value of the property of such city or village as shown by the last previous annual assessment; and provided further, that no such bonds shall be issued by the city council or board of trustees until the question of issuing the same shall have been submitted to the electors of such city or village at an election held for that purpose, notice of which shall be given by publication in some newspaper published in said city or village at least twenty days prior to the date of said election, and in the event that there is no paper published in such city or village then by posting up in at least four public and conspicuous places within such city or village notice of such election at least twenty days prior to the date thereof; provided, no such election shall be called until a petition signed by at least ten resident freeholders from each ward of said city or twenty-five resident freeholders in the village shall be presented to the mayor and council of such city or to the chairman and board of trustees of such village asking that an election be called for the purpose herein provided. When the city or village has established a system of electric lights as herein contemplated, the city council, or board of trustees shall have power to levy an annual tax of not to exceed two mills on the dollar of the assessed valuation of the city or village for the purpose of maintaining, operating and extending the same.

History. Amended 1905, S. F. 70; in force July 1.

8796. Contracts-How let-Bond of contractor.

All contracts for the erection or construction of any such system of electric lights or any part thereof or extension thereof shall be let to the lowest responsible bidder therefor upon not less than twenty days public notice of the terms and conditions upon which the contract is to be let, having been given in the same manner as specified in section 8795 provided that no member of the city council or mayor or member of the board of trustees shall be directly or indirectly interested in such contract. And in all cases the council or board of trustees shall have the right to reject any and all bids that may not be satisfactory to them, and when any such contract shall have been awarded as herein provided, the mayor and council or board of trustees shall have the right to require the persons, company or corporation to whom such contract shall be awarded to enter into a bond with good and sufficient sureties, to be approved by such council or board of trustees as they may deem sufficient to secure the faithful performance of the conditions of such contract.

History. Amended 1905, S. F. 70, sec. 3; in force July 1.

8797. Light commissioners-Bond-Salary-Removal.

Where any city or village shall have established an electric light system it shall be provided by ordinance for the management and control of the same. and the rates to be charged to persons using such lights. In cities and villages having and maintaining a system of water works and having a water commisioner such water commissioner shall be ex officio light commissioner. In cities and villages having no water commissioner the mayor or chairman of the board of trustees with the advice and consent of the city council or board of trustees

shall appoint some resident freeholder of said city or village as light commissioner who shall hold his office until the end of the municipal year, and until his successor is appointed and qualified. Before entering upon the duties of his office the light commissioner so appointed shall give bond to the city or village in such sum as may be required by the council or board of trustees conditioned for the faithful performance of his duties with two or more good and sufficient sureties, resident freeholders of said city or village, or by some guaranty company authorized to transact business in this state, and shall also take an oath to faithfully and impartially discharge the duties of his office. Such commissioner shall have general managemant and control of the system of electric light in such city under the direction of the council or board of trustees and shall collect all moneys receivable by the city or village for the rents and lights and shall faithfully account for all moneys that shall come into his hands and perform such other duties as may be required of him by ordinance. He shall make a detailed report to the city council or board of trustees at least every six months, showing the condition of such system, and of such improvements, repairs, extensions, and additional machinery, which he may think proper to make or obtain, together with an estimate of the cost thereof. He shall also at the same time make a detailed report of all expenses incurred in the running and management of such system of lights since his last previous report. He shall receive a salary to be fixed by the city council or board of trustees by ordinance and may be removed at any time by a two-thirds vote of the city council or board of trustees. History.-Amended 1905, S. F. 70, sec. 4; in force July 1.

8798. Use of lights-Rates-How fixed and collected.

The city council or board of trustees shall fix by ordinance the rates to be charged for the use of its lights, and shall provide the manner of collecting the same. The commissioner shall make duplicate receipts for all moneys collected, one of which shall be given to the person from whom the money is collected, and the other shall be retained in his office, and delivered to his successor in office. All moneys collected for the use of electric lights shall be paid over to the city treasurer and kept by him in a separate fund and be used for the operation, maintenance, repair, and extension of such system, under the direction of the city council or board of trustees.

History. Changed to include villages, 1905, S. F. 70, sec. 5; in force July 1.

Secs. 8799 to 8799d. An act to empower cities of the second class, of less than five thousand inhabitants, and villages, to acquire real estate by gift, devise, or purchase for parks and public grounds, and to authorize such cities and villages to improve and maintain the same, and to issue bonds, and levy taxes for that purpose, and to protect, regulate, and control the same, and to repeal sections one and two of chapter twenty-three of the laws of 1889. Jackson's public parks bill. 1905, H. R. 14; in force March 2.

8799. Cities and villages receive or purchase land for park.

Cities of the Second Class, of less than five thousand inhabitants, and Villages in this State are empowered and authorized to receive, by gift or devise, and to purchase Real Estate within their corporate limits, or within five miles thereof, for the purpose of Parks and Public Grounds. Where such Real Estate is acquired by gift or devise the title shall be vested in the City or Village, upon the conditions imposed by the donor, and upon the acceptance by the Mayor and City Council, or the Board of Trustees, and where such Real Estate is acquired by purchase the title shall vest absolutely in such City or Village. History-Laws 1905, H. R. 14, sec. 1; in force March 2.

8799a. Jurisdiction of city over park grounds.

Whether the title to such Real Estate shall be acquired by gift, devise or purchase, the jurisdiction of the City Council, or the Board of Trustees shall at once be extended over such Real Estate, and the City Council, or Board of Trustees shall have power to enact by laws, rules and ordinances for the protection and preservation of any Real Estate acquired as herein contemplated. and to provide suitable penalties for the violation of such by-laws, rules or ordinances, and the Police Power of any such City or Village, that shall require any Real Estate as herein contemplated shall be at once extended over the same by virtue of this act.

History.-Laws 1905, H. R. 14, sec. 2; in force March 2.

8799b. Park improvement bond.

The Mayor and Council of any such City, or the Board of Trustees of any such Village, are hereby authorized to issue bonds in a sum, not exceeding Five Thousand Dollars, for the purpose of acquiring title to Real Estate as contemplated by this act, provided that no such bonds shall be issued until the question of issuing the same shall have been submitted to the electors of such City of Village at a general election therein, or at a special election called for the purpose of submitting a proposition to issue such bonds, and unless at such election three-fifths of the electors voting shall have voted in favor of issuing such bonds. Said bonds shall be payable in not exceeding ten years from the date, and shall bear interest, not exceeding the rate of six per cent per annum, payable annually.

History.-Laws 1905, H. R. 14, sec. 3; in force March 2.

8799c. Tax levied for park fund.

The Mayor and City Council of any such City, or the Board of Trustees of any such Village, which has already, or shall hereafter acquire land for park purposes, shall each year, make and levy a tax of not less than one mill and not exceeding three mills on the dollar valuation on all the real estate and personal prop erty within the corporate limits of any such City or Village, taxable according to the laws of this State, which levy shall be collected and put into the City or Village treasury and shall constitute a Park Fund of such City or Village, and the funds so levied and collected shall be used for laying out, improving and beautifying such parks, and for the payment of salaries and wages of persons employed in the performance of such labor.

History.-Laws 1905, H. R. 14, sec. 4; in force March 2.

8799d. Board of park commissioners.

In each City or Village, where land for park purposes has already, or shall hereinafter be acquired, the Mayor and City Council of such City, or the Trustees of such Village may provide by ordinances for the creation of a Board of Park Commissioners, such Board of Park Commissioners to be composed of three members, who shall be resident free holders of such City or Village, and who shall have charge of all Parks belonging to such Cities or Villages and shall have the power to establish rules for the management, care and use of the same, and where such Board of Park Commissioners has been appointed and qualified, all accounts against such Park Fund shall be audited by the Board of Park Commissioners, and warrants against such funds shall be drawn by the Chairman of such Board, and warrants so drawn shall be paid by the City or Village Treasurer out of such fund.

History.-Laws 1905, H. R. 14, sec. 5; in force March 2.