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has performed the labor, or commuted as herein required, shall be received by the county treasurer in discharge of the amount due from such person. The fund arising under this section shall be paid into the fund herein before created from taxes levied for road purposes and shall be treated and expended in the same

manner.

SEC. 54. To lay off the city into suitable districts Sewer districts for the purpose of establishing a system of sewerage and drainage; to provide such system and regulate the construction and repairs and use of sewers and drains and of all proper house connections and branches, and provide penalties for any obstruction of or injury to any sewer or part thereof. Sec. 55. All grading, paving, macadamizing, or gut- Contracts for

improvemen ts tering of any streets, avenues, or alleys, and the constructing of all culverts, sewers, and drains in the city, for which, or any part thereof, a special tax shall be levied, shall be done by contract with the lowest responsible bidder, to be determined by the council.

SEC. 56. The mayor and council shall also have stagnant power to require any and all lots or pieces of ground within the city to be drained or filled, so as to prevent stagnant water or any other nuisance accumulating thereon; and upon the failure of the owners of such lots or pieces of ground, to fill or drain the same when so required, the council may cause such lots or pieces of ground to be drained or filled, and the cost and the expense thereof shall be levied upon the property so filled or drained, and collected as other special taxes.

Sec. 57. The mayor and council shall have power to Regulating require the lighting of any railway within the city, the cars of which are propelled by steam, in such manner as they shall prescribe, and may fix and determine the number, style, and size of the lamp posts, burners, lamps,

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railroads.

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and all other fixtures and apparatus necessary for such lighting, and the points of location for such lamp posts; and in case the company owning or operating such railway shall fail to comply with such requirements, the council may cause the same to be done and may assess the expense thereof against such company, and the same shall constitute a lien on any real estate belonging to such company and lying within such city, and may be collected in the manner as taxes for general purposes; to require railroad companies to keep flagmen at all railroad crossings of streets, and to provide protection against the injury to persons and property in the use of such railroads; to compel any railroad to raise or lower their railroad tracks to conform to the general grade which may at any time be established by such city, and where such tracks run lengthwise through or over any street, alley or highway, to keep the same level with the street surface; to compel and require railroad companies to keep open the streets, and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks.

Sec. 58. Special taxes may be levied by the mayor and council for the purpose of constructing sewers or drains within the city. Such taxes to be levied on all the real estate especially benefited and lying and being within the sewerage district in which such sewer or drain

may be situated, and according to the valuation of such real estate, as fixed by the last named regular assessment made prior to such levy, and all taxes or assessments made for sewerage purposes shall be collected in the same manner as other special assessments are, and shall be subject to the same penalty.

Sec. 59. Special assessments shall not be levied in any one fiscal year, upon any lot or piece of ground in the city, to an amount exceeding in the aggregate

Special sewer tax.

Limit of special assessments.

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attendance of

five per cent of the value of such lot or piece of ground at the close of such fiscal year, such value to be determined by three disinterested freeholders, to be appointed by the mayor and council as commissioners for that purpose in every case of complaint of excessive assessment.

SEC. 60. The mayor and council shall cause to be semi-annual published semi-annually a statement of the receipts of the city and sources thereof, and an itemized account of the expenditures and the financial condition of the city.

SEC. 61. The council or any committee of the mem- May compel bers thereof, shall have power to compel the attend-witnesses. ance of witnesses for the investigation of matters that may come before them, and the presiding officer of the council or the chairman of such committee, for the time being, administer the requisite oaths; and such council or committee shall have the same authority to compel the giving of testimony as is conferred on courts of justice.

SEC. 62. Fines may in all cases, and in addition to Recovery of any other mode provided, be recovered by suit or action before a justice of the peace,or other court of petent jurisdiction, in the name of the state. And in any such suit or action, when pleading is necessary, it shall be sufficient to declare generally for the amount claimed to be due in respect to the violation of the or.dinance referring to its title and the date of its adoption or passage, and showing as near as may be the facts of the alleged violation.

Sec. 63. Any city shall have the right to use the may use county jail of the county for the confinement of such persons

be liable to imprisonment under the ordinances of said city, but it shall be liable to the county for the cost of keeping such prisoners.

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jail.

as may

Suits, when barred.

Jurisdiction of mayor

Borrow money
for sewers,
7 Neb., 273.

Sec. 64. All suits for the recovery of any fine and prosecution for the commission of any offense, made punishable as herein provided, shall be barred in one year after the commission of the offense for which the fine is sought to be recovered, or the prosecution is commenced.

Sec. 65. The mayor shall have such jurisdiction as may be vested in him by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of health or quarantine ordinance, and regulation thereof, and shall have jurisdiction in all matters vested in him by ordinance, excepting taxation, within one half mile of the corporate limits of said city.

SEC. 66. The mayor and council shall have power to borrow money and pledge the property and credit of the city upon its negotiable bonds or otherwise to an amount not exceeding in the aggregate one hundred thousand dollars, for the purpose of constructing or aiding in the construction of a system of sewerage, authority therefor having first been obtained by a majority vote of the people at an election or elections upon a proposition or propositions submitted in the manner provided by law for the submission of propositions to aid in the construction of railroads and other works of internal improvement; and to borrow money and pledge the property and credit of the city in the manner aforesaid, and upon being authorized as aforesaid, to an amount not exceeding one hundred thousand dollars, for the purpose of constructing, maintaining, and operating a system of waterworks for said city.

Sec. 67. Before submitting any proposition for borrowing of money for either of the purposes mentioned in the preceding section, the mayor and council shall determine upon and adopt a system of sewerage, or of

System to be adopted.

location.

waterworks as the case may be, and shall procure from the city engineer an estimate of the actual cost of such system and of the cost of so much thereof as the mayor and council may propose to construct, with the amount proposed to be borrowed and plans of such system, and such estimate shall be placed and remain in the hands of the city clerk, subject to public inspection during all the time such proposition to borrow money shall be pending. After such system shall have been adopted no change shall be made therein involving an expense of more than five hundred dollars, nor shall any other system be adopted in lieu thereof, unless authorized by a vote of the people.

SEC. 68. When a system of waterworks shall have Waterworks, been adopted and the people shall bave voted to borrow money to aid in their construction as aforesaid, the mayor and council may erect, construct, and maintain such system of waterworks, either within or without the corporate limits of the city, and make all needful rules and regulations concerning the use of such waterworks, and to do all acts necessary for the construction, completion, and management and control of the same not inconsistent with this act, including the taking of private property for public use for the construction and operation of the same, compensation to be ascertained and made therefor in the manner provided by law for acquiring the right-of-way and depot grounds for railroad companies by the exercise of the right of eminent domain.

SEC. 69. In case such aid shall not be voted by the Waterworks, people in the manner aforesaid, the mayor and council may contract with and procure individuals or corporations to construct and maintain a system of waterworks in such city for any time not exceeding twenty years from the date of the contract, and with a reservation

construction.

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