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CHAPTER XXII.

AN ACT to empower and require county commissioners to divide

precincts into two or more polling or voting districts in certain cases for general election purposes, and to conform to ordinances of cities of the first class in relation thereto.

established.

Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. Whenever the mayor and city council when to be of any city of the first class in this state shall by ordinance divide

any ward of such city into two or more voting or polling districts, the board of county commissioners of the county in which such city is located shall for general election purposes also, at their next regular session after the taking effect of the said ordinance, order the establishment of said voting or polling districts in conformity with the provisions of said ordinance, and shall ap-point judges and clerks of election for such polling districts as appointments are now made when a vacancy exists in such offices.

SEC. 2. Whereas, an emergency exists therefor, this to take effect. act shall take effect and be in force from and after its passage.

Approved February 28th, A.D. 1883.

CHAPTER XXIII.

AN ACT to authorize the county board of any county in which a

city of the first class is situated to grade, pave, and otherwise improve roads leading thereto.

Be it enacted by the Legislature of the State of Nebraska :
SECTION 1. The county board of any county in which may improve

portion of road. any city of the first class is situated is hereby author

ized and empowered, whenever the condition of the road fund of said county will warrant it, to grade, pave, and otherwise improve roads, or any portion thereof leading into and adjacent to said city, and pay for such improvement as herein directed. Provided, however, That the improvements contemplated in this act shall be restricted to the territory within a limit of one mile

from the boundary of said city. Manner of Sec. 2. Whenever the county board shall contemimproving.

plate the making of such improvement, they shall notify the county surveyor, whose duty it shall be to make an examination of the proposed improvement, and report an estimate of the cost thereof to said board. If upon the coming in of such report the county board determine to make the improvement, they shall cause personal notice to be served on the owners of property abutting on said road of their intention to make such improvement, and if any owner is a non-resident, then by personal service on the agent of such non-resident if he have one residing in the county, and in case he has no such agent, by publishing such notice in a newspaper published and of general circulation in said county, and upon proof of service or publication of such notice aforesaid, and after giving such owners an opportunity to be heard, the board shall decide upon the material to be used in making such improvement, and enter an order upon their record for the construc

tion thereof. Cost, how paid. SEC. 3. Two-thirds of the cost of any improvement

authorized by this act shall be paid by said board out of the road fund of said county, and one-third by special assessment on all real estate abutting on said improvement to the depth of five hundred feet on each side thereof, and at the time of making the order for such improvement the county board shall levy said special

assessment on such property in proportion to the feet front abutting on said road, and the amount so assessed shall be placed upon the tax list for the ensuing year, and collected in the same manner and at the same time as other property, and when collected, credited to the road fund of said county.

SEC. 4. All contracts for the construction of such Contract to improvement shall be let to the lowest responsible bidder who will enter into bonds for the faithful performance thereof in such amount and with such sureties as the county board may determine, and payments on said contract shall be made by warrant drawn on the road fund of said county.

Approved March 1st, A.D. 1883.

lowest bidder.

CHAPTER XXIV.

AN ACT to amend section 6 of article 2 of chapter 17 of the Com

piled Statutes of 1881, entitled “Counties, County Boundaries, and County Seats.”

Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. That section 6 of article 2 of chapter 17 of the Compiled Statutes of 1881, of the State of Nebraska, be amended to read as follows: Sec. 6. In any county where an election has been County seat,

void election. heretofore held under any law existing at the time of said election to determine the permanent location of the county seat of such county, and said election shall be declared void by any court of competent jurisdiction in an action instituted for that purpose, the county commissioners of said county shall submit, at the next general election to be held sixty days after the entering of such

Act repealed.
Comp.
Stat., 172.

judgment, to the qualified voters of the county seat of the county as if no election had ever been held in such county.

SEC. 2. Section 6 of article 2 of chapter 17 of the Compiled Statutes of 1881, of the State of Nebraska, entitled “Counties, County Boundaries, and County Seats,” is hereby repealed.

Approved February 21st, A.D. 1883.

CHAPTER XXV.

AN ACT to amend section 34 of chapter 18 of the Compiled Statutes

of Nebraska, 1881, entitled “Counties and County Officers.”

Be it enacted by the Legislature of the State of Nebraska:

Warrants not to exceed 85 per cent. 6 Neb., 462. 8 Neb., 217. 9 Neb., 452. 10 Neb., 32. 10 Neb., 198. 12 Neb., 32.

SECTION 1. That section 34 of chapter 18 of the Compiled Statutes of Nebraska, 1881, entitled “Counties and County Officers," be so amended as to read as follows:

Sec. 34. It shall be unlawful for the county board of any county in this state to issue any warrants for any amount exceeding the aggregate of 85 per cent of the amount levied by tax for the current year, except there be money in the treasury to the credit of the proper fund for the payment of the same; nor shall it be law. ful for the county board to issue any certificate of indebtedness in any form in payment of any account or claim, nor to make any contracts for or to incur any indebtedness against the county, in excess of the tax levied for county expense during the current year, nor shall any expenditure be made or indebtedness be contracted to be paid out of any of the funds of said county in excess of the amount levied for said fund.

SEC. 2. That section 34 of chapter 18 of the Com- Act repealed, piled Statutes of Nebraska, 1881, entitled “Counties Stat., 180. and County Officers," be and the same is hereby repealed.

Sec. 3. Whereas, an emergency exists therefor, this To take effect. act shall take effect and be in force from and after its passage.

Approved February 24th, A.D. 1883.

.

CHAPTER XXVI.

AN ACT to amend section 25 of chapter 18 of the Compiled Statutes

of 1881, defining the duties of the board of county commissioners, and to repeal all acts not consistent herewith.

Be it enacted by the Legislature of the State of Nebraska :

SECTION 1. That section 25, of chapter 18, Compiled Statutes of '81, defining the duties of the board of county commissioners, be amended so as to read as fol

lows:

board.

6 Neb., 463.

Sec. 25. It shall be the duty of the county board of Duties of each county,

First. To cause to be annually levied and collected, Taxes. taxes authorized by law for county purposes, not exceeding one dollar and fifty cents on the one hundred dollars valuation, unless authorized by a vote of the people of the county, and in addition thereto, sufficient to pay the interest and create a sinking fund for the payment of the principal of all indebtedness which existed at the adoption of the constitution, November 1, 1875.

Second. To erect or otherwise provide when neces- Buildings. sary, and the finances of the county will justify it, and 5 Neb, 405.

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