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Street railways use of streets. Liability.
SEC. 54. All street railway companies now existing, or hereafter created, in cities of the first class already incorporated or hereafter organized, shall be required to pave or repave between their rails, at their own cost, whenever any street shall be ordered paved or repaved by the mayor and city council of such city. Such paving or repaving between rails, shall be done at the same time, and shall be of the same material and character as the paving or repaving of the street upon which said railway track is located, unless other material be specially ordered by the Board of Public Works. Such street railway companies shall be required to keep that portion of the street between their rails in repair, using for said purpose the same material as the street upon which the track is laid at the point of repair, or such other material as the board of public works may require and order upon streets in cities of the first class now paved, and as streets are hereafter paved or repaved, street railway companies shall be required to lay in the best approved manner the strap or flat rail. The track of all railway companies, when located upon the streets or avenues of the city, shall be kept in repair, and safe in all respects for the use of the traveling public, and such companies shall be liable for all damages resulting by reason of neglect to keep such tracks in repair, or for obstructing the streets or avenues of such city. For injuries to persons or property arising wholly from the failure of such company to keep their tracks in proper repair and free from obstructions, such companies shall be liable and the city shall be exempt from liability. The words "street railway companies," as used in the said acts, shall be taken to mean and include any persons, companies, corporations or associations owning any street railway in any such city.
SEC. 3. That section fifty-five (55) of said original act, approved March 1, 1881, as amended by section fifteen (15) of said amendatory act, approved May 23, 1882, be and the same is hereby amended so as to read as follows:
SEC. 55. In the event of the refusal or neglect of same. such street railway companies to pave, repave, or repair between their rails, when so directed by the mayor and council, upon the paving or repaving of any street upon which their track is laid, the mayor and council shall have power to pave, repave, or repair between said rails, and the cost and expense of such paving, repaving, or repairing may be collected by levy and sale of any real or personal property of said street railway company, the same as special taxes are collected. Special taxes for the purpose of paying the cost of any such paving, repaving, macadamizing, or repairing between the rails of any such street railway may be levied upon the track, including the ties, iron, roadbed and right of way, sidetracks, and appurtenances, including buildings and real estate belonging to any such company or person and used for the purpose of such street railway business, all as one property, or upon such part of such tracks, appurtenances, and property, as may be within the district paved, repaved, macadamized, or repaired, or any part thereof; and shall be a lien upon the property upon which levied from the time of the levy until satisfied. No mortgage, Incumbrance. conveyance, pledge, transfer, or incumbrance of any of such property of any such company or person, or of any of its rolling stock or personal property, created or suffered by any such company or party, after the time when any street or part thereof upon which any such street railway shall have been laid, shall have been ordered paved, repaved, macadamized, or repaired,
Seizure of property.
shall be made or suffered except subject to the actual or prospective lien of such special taxes, whether actually levied or not, if such levy be in contemplation. The city treasurer shall have the power and authority to seize any personal property belonging to any such person or company for the satisfaction of any such special taxes when delinquent, and to sell the same upon the same advertisement, and in the same manner as constables are now author-ized to sell personal property upon execution at law; but failure so to do shall in nowise affect or impair the lien of the tax or any proceeding allowed by law for the enforcement thereof. The railroad track, or any other property upon which such special taxes shall be levied, or so much thereof as may be necessary, may be sold for the payment of such special taxes in the same manner and with the same effect as real estate upon which such special taxes may be levied may be sold. It shall also be competent for any such city to bring a civil action against any party owning or operating any such street railway, and liable to pay said taxes, to recover the amount thereof, or any part thereof, delinquent and unpaid, in any court having jurisdiction of the amount, and obtain judgment and have execution therefor, and no property, real or personal, shall be exempt from any such execution; Provided, That real estate shall not be levied upon by execution, except by execution out of the district court on a judgment therein or transcript of a judgment filed therein, as now provided by law. No property seized by the city treasurer as hereinbefore provided, or upon any such execution, shall be taken from the officer holding the same on any order of replevin. No defense shall be allowed in any such civil action except such as goes to the groundwork, equity, and justice of the tax, and the burden of proof
shall rest upon the party assailing the tax; in case part of such special tax shall be shown to be invalid, unjust, and inequitable, judgment shall be rendered for such amount as is just and equitable, and costs shall follow the judgment. It shall be competent for the mayor Manner of and council, upon the written application of any company, association, corporation or person owning any such street railway, to provide that such special taxes shall become delinquent and be payable in installments as in case of taxes levied upon abutting real estate as herein before provided, but such application shall be taken and deemed a waiver of any and all objections to such taxes and to the validity thereof. Such application shall be made at or before the final levy of such taxes. The provisions of this act in regard to the levy, Application of collection, and enforcement of special taxes to pay the cost of paving, repaving, macadamizing, or repairing between the rails of street railways, shall apply to all such special taxes hereafter levied, whether for such improvements heretofore ordered and contracted for, or to be hereafter ordered and made.
SEC. 4. That section thirty-one of said original act, approved March 1, 1881, be amended so to read as follows:
SEC. 31. On the first day of January next succeed- Delinquent ing the levy thereof all unpaid city taxes in cities of Destraint. the first class shall be and become delinquent, and shall thereafter draw interest at the rate of one per centum per month payable in advance, which interest shall be collected the same as the tax so due, and it shall be the duty of the city treasurer to proceed as soon as practicable after the first day of January to make such delinquent tax out of the personal property of such delinquent, if any such property can be found within the city. No demand of taxes shall be necessary, but it
Salary of officers.
shall be the duty of every person owing any municipal tax or taxes in such city to attend at the treasurer's office and pay the same.
SEC. 5. That section thirty-four of said original act, approved March 1st, 1881, be amended so as to read as follows:
SEC. 34. To each tax list so delivered, a warrant, under the hand of the city clerk, shall be annexed, to be substantially in the following form, to-wit:
"In the name and by the authority of the State of Nebraska:
city treasurer of the city of ........................., in said
You are hereby commanded to collect from each of the persons and corporations named in the annexed tax list, and of the owners of the real estate described therein, the taxes set down in such list opposite their respective names, and the several parcels of land described therein; and in case any person or corporation upon whom any such tax or sum is imposed or who by law is required to pay the same shall refuse or neglect to pay the full amount thereof before the first day of January next, you are to levy and collect the same by distress and sale of the goods and chattels of the person or corporation so taxed as are by law required to pay such tax."
Given under my hand and official seal this ...... day of ..... A.D., 18
City Clerk of the city of ........
SEC. 6. That section one hundred and two (102) of said original act, approved March 1, 1881, be amended so as to read as follows:
SEC. 102. Salary of officers.......... Mayor........., police judge.......