collected by

SEC. 37. The treasurer of the county shall pay over City taxes on demand to the treasurer of any city all money re- county. ceived by him arising from taxes levied belonging to such city, together with all money collected as a tax on dogs from the residents of such corporation, for the use of the general fund therein. And also all the moneys arising from the levy of road tax against or upon property in said city, which shall be expended only upon the streets, grades, and bridges in said city or within three miles thereof.

SEC. 38. The fiscal year of each city shall commence Fiscal year. on the second Monday in August.

appropriation

SEC. 39. The city council shall, within the last quar- Annual ter of each fiscal year, pass an ordinance, to be termed ordinance. the "annual appropriation bill," in which such corporate authorities may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation, not exceeding in the aggregate the amount of tax authorized to be levied during the then ensuing year; and in such ordinance shall specify the objects and purposes for which such appropriations are made, and the amount appropriated for each object or purpose. No further appropriations shall be made at any other time within such fiscal year unless the proposition to make such appropriation has been first sanctioned by a majority of the legal voters of such city, either by a petition signed by them, or at a general or special election duly called therefor; and all appropriations shall end with the fiscal year for which they were made. Provided, That the fund arising from "road taxes," as in this chapter provided, shall be deemed specially appropriated, and shall not be included in the annual appropriation ordinance; and Provided further, That no warrant shall be drawn, acccount allowed, or debt con

Estimate of

expenses.

Money ordinances.

tracted with reference to such fund unless there shall be money in the treasury for the payment thereof; and Provided further, That nothing herein shall be construed to prohibit the council from appropriating other money in the annual appropriation bill for the use of streets, grades and bridges.

SEC. 40. Before such annual appropriation bill shall be passed, the council shall prepare an estimate of the probable amount of money necessary for all purposes to be raised in said city during the fiscal year for which the appropriation is to be made, including interest and principal due on the bonded debt and sinking fund, itemizing and classifying the different objects and branches of expenditures as near as may be, with a statement of the entire revenue of the city for the previous fiscal year, and shall enter the same at large upon its minutes, and cause the same to be published four weeks in some newspaper published or of general circulation in the city.

SEC. 41. The mayor and council shall have no power to appropriate, issue, or draw any order or warrant on the treasurer for money, unless the same has been appropriated or ordered by ordinance, or the claim for the payment of which such order or warrant is issued has been allowed, according to the provisions of this chapter, and appropriations for the class or object out of which such claim is payable, has been made as provided in section 41. Neither the city council, nor any deappropriation. partment, or officer of the corporation, shall add to the corporation expenditures in any one year anything over and above the amount provided for in the annual appropriation bill for that year, except as herein otherwise specially provided; and no expenditure for any improvement, to be paid for out of the general fund of the corporation, shall exceed in any one year the amount

Expenditure

in excess of

provided for such an improvement in the annual appropriation bill. Provided, however, That nothing herein contained shall prevent the city council from ordering, by a two-thirds vote, the repair or restoration of any improvement, the necessity of which is caused by any casualty or accident happening after such annual appropriation is made, or, by a like vote, from making necessary appropriations for quarantine or hospital purposes in case of the outbreak of a virulent epidemic or contagious disease. The city council may by a like vote order the mayor to borrow a sufficient sum to provide for the expense necessary to be incurred in making any repairs or restoration of improvements, the necessity of which has arisen, as is last above mentioned, for a space of time not exceeding the close of the next fiscal year, which sum and the interest shall be added to the amount authorized to be raised in the next general tax levy and embraced therein. Should any judgment be obtained against the corporation, the mayor, under the sanction of the council, may borrow a sufficient amount to pay the same, for a space of time not exceeding the close of the next fiscal year, which sum and interest shall, in like manner, be added to the amount. authorized to be raised in the general tax levy of the next year, and embraced therein.

contracts.

SEC. 42. No contract shall be hereafter made by the same, city council or any committee or member thereof; and 6 Neb., 13. no expense shall be incurred by any of the officers or departments of the corporation, whether the object of the expenditure shall have been ordered by the city council or not, unless an appropriation shall have been previously made concerning such expense, except as herein otherwise expressly provided.

assessments,

SEC. 43. All money received as special assessments Special shall be held by the treasurer as a special fund to be how used.

Election certificates.

Duties of clerk.

Duties of treasurer.

applied to the payment of the improvement for which the assessment was made, and said money shall be used for no other purpose whatever, unless to reimburse such corporation for money expended for such improvement.

SEC. 44. Certificates of election of all officers of cities shall be issued by the city clerk under the corporate seal upon the order of the city council at their first meeting after any election of such officers.

SEC. 45. The city clerk shall have the custody of all laws and ordinances, and shall keep a correct journal of the proceedings of the council; he shall also keep a record of all outstanding bonds against the city, showing the number and amount of each, for and to whom the said bonds were issued; and when any bonds are purchased, or paid, or cancelled, said record shall show the fact, and in his annual report he shall describe particularly the bonds issued and sold during the year, and the terms of sale, with each and every item of expense thereof; he shall also perform such other duties as may be required by the ordinances of the city. He shall also make at the end of each month a report showing the amount appropriated to each fund, and the whole amount of warrants drawn thereon, which shall be spread at large upon the records.

SEC. 46. The treasurer of each city shall be the custodian of all money belonging to the corporation; he shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto; he shall give every person paying money into the treasury a receipt therefor, specifying date of payment and on what account paid; he shall also file copies of such receipts with his monthly reports; he shall at the end of each and every month, and as often as may be required, render an account to the city council, under oath, showing the state of the treasury at the date of

such account, the amount of money remaining in each fund, and the amount paid therefrom, and the balance of money in the treasury; he shall also accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him, which said warrants, with any and all vouchers held by him, shall be filed with his said account in the clerk's office, and if said treasurer neglect or fail, for the space of ten days from the end of each and every month, to render his said account, his office shall be declared vacant, and the city council shall fill the vacancy by appointment until the next election for city officers.

10 Neb., 401.

SEC. 47. All warrants drawn upon the treasurer Warrants, must be signed by the mayor and countersigned by the clerk, stating the particular fund or appropriation to which the same is chargeable and the person to whom payable, and for what particular object; no money shall be otherwise paid than upon such warrants so drawn. Each warrant shall specify the amount levied and appropriated to the fund upon which it is drawn and the amount already expended of such fund.

attorney.

SEC. 48. The city attorney shall be the legal adviser Duties of of the council. He shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the corporation, or that may be ordered by the council; and when requested shall attend meetings of the council and give them his opinion upon any matter submitted to him, either orally or in writing, as may be required; Provided, That he shall not be required to prosecute complaints for offences against the city ordinances in police court, except on the order of the mayor or council.

SEC. 49. No officer of any city shall be interested, Interest in directly or indirectly, in any contract to which the cor

contracts.