Ch. 87) Condemnation-Procedure 229 begun, they shall be reviewed by the court, as it may direct, to give all parties full opportunity to be heard; and all corporations or persons, including all mortgages, bondholders, trustees for bondholders, leaseholders or any other party or person claiming any interest in or lien upon any such works, plant, or system may be made parties to such condemnation proceedings and shall be served with notice of such proceedings and the time and place of the meeting of said court of condemnation in the same manner and for such length of time as the service of a summons in cases begun in the district court of the state, either by personal service or service by publication, and actual personal service of notice within or without the state shall supercede the necessity of notice by publication. Sec. 4c. Same-hearing.-Such court of condemnation shall have full power to summon and swear witnesses, take evidence, order the taking of depositions, and require the production of any and all books and papers deemed necessary for a full investigation and ascertainment of the value of any such works, plant or system, and such court of condemnation may appoint a reporter of its proceedings who shall report and preserve all evidence introduced before it. Such court shall have all the powers and perform all the duties of commissioners in the condemnation and ascertainment of the value and in the making of an award of all property of any such works, plant or system, and the clerk of the District Court, in the county where such city is located, shall attend upon said court of condemnation and perform such duties, as the clerk thereof, as such condemnation court may direct, and the sheriff of any such county, or any of his deputies shall attend upon said court and shall have power to serve summons, subpoenas and all other orders or papers ordered to be served by such condemnation court. In case of vacancy in said court of condemnation such vacancy shall be filed by the said Supreme Court if the vacancy occurs while the court is in session, and if it occurs while the court is not in session, then by the Chief Justice of said court. Sec. 4d. Same-appeal from finding.-Upon the determination and filing of a finding of the value of any such plant, works or system by the said court of condemnation, such city shall then have the right and power by ordinance duly passed by its duly constituted authorities, to elect to abandon such condemnation proceedings, and if it do not elect within sixty days. after the finding and filing of value, then the person or corporations owning any such plant, works or system may appeal from the finding of value and award by the said court of condemnation to the District court by filing, within twenty days from the expiration of the said time given the city to exercise its rights of abandonment, with the City Clerk of any such city a bond, to be approved by him, conditioned for the payment of all costs which may be made on any such appeal, and by filing in said District Court, within sixty days after such bond is filed, a transcript of the proceedings before such condemnation court, including the evidence taken before it certified by the clerk, reporter and judges of such court, and the appeal in the District Court shall be tried and determined upon the pleadings, proceedings, and evidence embraced in such transcript: Provided, however, that if such appeal be taken the city upon tendering the amount of the value and award made by such condemnation court, to the party owning any such plant, work or system, then the city shall, notwithstanding such appeal, have the right and power to take immediate possession of any such plant, works or system and the city authorities, without vote of the people, shall have the power, if necessary, to issue and sell bonds of the city to provide funds to make such tender. Sec. 4e. Same-final judgment-bonds. Upon the hearing of such appeal in the District Court, judgment shall be pronounced, as in ordinary cases, for the value of any such works, plant or system, and from such judgment the city or party or corporation owning any such plant or works or system, may appeal to any court of last resort, and upon a final judgment being pronounced as to the value of any such plant, works, or system. the duly constituted authorities of any such city shall have power and it shall be their duty to issue and sell bonds of any such city to pay the amount of such value and judgment, without vote of the people. Sec. 4f. Same-costs of procedings.-The District judges constituting the aforesaid court of condemnation shall receive no additional pay for their services, but each shall receive from and be paid by any such city his necessary traveling expenses, hotel bills, and all other personal expenses incurred while in attendance upon the sittings of such court of condemnation, and the city shall pay the reporter which may be appointed by said court such an amount as said court of condemnation shall allow Ch. 87) Municipal Coal Yards 231 him; and the sheriff shall serve all such summons, subpoenas or other orders or papers ordered issued or served by such condemnation court at the same rate and compensation for which he serves like papers issued by the District Court, but shall account for all such compensation to the county as is required of him under the laws governing his duties as sheriff of the county. The court of condemnation shall have power to apportion the cost made before it between the city and the corporation or party owning any such plant, work or system and the city shall provide for and pay all such costs or portion of costs as the said court shall order and shall also make provisions for the necessary funds and expenses to carry on the proceedings of such condemnation court, from time to time while such proceedings are in progress, but in the event the city elects to abandon the condemnation proceedings, as aforesaid, then the city shall pay all the costs made before such condemnation court. Provided, however, if services of expert witnesses be secured then their fees or compensation to be taxed and paid as costs shall be only such amount as the said condemnation court shall fix, notwithstanding any contract between such experts and the party producing them to pay them more, but a contract to pay them. more than the court shall allow as costs may be enforced between any such experts and the litigant or part employing them. The costs made by any such appeal or appeals shall be adjudged against the party defeated in such appeal in the same degree and manner as is done under the general court practice relating to appellate proceedings. Sec. 42. Municipal coal yard-sale of coal.-In each city of the metropolitan class, the mayor and council shall have power to establish, conduct and maintain a municipal coal yard and for that purpose they may engage in the general business of buying and selling coal. Provided, however, that such city shall not sell coal to any but inhabitants thereof. Provided, further, that such city shall not charge for coal sold by it more than the cost thereof to the city, plus the cost of handling the same. Sec. 5. Amendment. That Sections 4104, 4106, Revised Statutes of Nebraska for 1913, and Sections 4285, 4286, 4287, 4313, 4368, 4385, 4388 and 4387 of the Revised Statutes of Nebraska for 1913, as amended by Chapter 75 of the Session Laws of Nebraska for 1915, be and the same are hereby amended to read as follows: 4104 Planting trees-protection of birds etc.-costs. To provide for the planting and protection of shade or ornamental and useful trees upon the streets or boulevards, and to assess the cost thereof to the extent of benefits upon the abutting property as a special assessment, and to provide for the protection of birds and animals and their nests; to provide for the trimming of trees located upon the streets and boulevards or when the branches of trees overhang the same when in the judgment of the mayor and council such trimming is made necessary to properly light such street or boulevard or to furnish proper police protection and to assess the cost thereof upon the abutting property as a special assessment. 4106 Destroy weeds-notices. To require weeds and worthless vegetation growing upon any lot or piece of ground within the city to be cut and destroyed so as to abate any nuisance occasioned thereby, and if the owner fails to do so, after notice as required by ordinance, to assess the cost thereof upon the lots or lands as a special assessment. The notice required to be given may be by publication in the official paper of the city and may be directed in general terms to the owners of lots and lands affected without naming such owners. 4285 Street improvement districts-assessments.-The mayor and city council shall have the authority to create street improvement districts for the purpose of improving all streets, alleys or other public grounds therein by paving, repaving, macadamizing, resurfacing or relaying existing pavements, curbing and guttering or recurbing and guttering, in such manner as may be determined upon. The mayor and city council shall also have authority to create street improvement districts for the purpose of improving in one proceeding two or more intersecting streets, and to make one or more of the following improvements upon such street or streets at one time, and in one improvement proceeding, in such districts as follows: Paving, repaving, curbing, recurbing, guttering, change of grade, grading, resurfacing or relaying existing pavement. The mayor and city council shall have power to levy special taxes or assessments on account of such improvements, on any or all property, benefitted thereby, according to the special bene Ch. 87) Streets-Assessments 233 fits received by such property, from the improvement. None of the improvements hereinafter named shall be ordered unless there are sufficient funds on hand or authorized to pay for the improvement of the streets and alley intersections and such other portion of streets or alleys to be improved, as are not subject to special taxation. 4286 Same-improvement by ordinance alone-when.-The mayor and city council may order such improvement, except in cases where two or more intersecting streets are improved at one time in one improvement proceeding, by ordinance, and cause it to be made when it is embraced in any district, the outer boundaries of which shall not exceed a distance of one and onehalf miles from any street surrounding the city hall grounds of the city, within which such city hall is located, or where the street sought to be improved is part of one of the main thoroughfares leading out of such city, in which latter case, such improvement may be ordered irrespective of the distance the part of the street to be improved is located from the city hall grounds; but in such case, the same shall not be ordered unless the ordinance ordering the improvement states that the street is a part of such main thoroughfare and receives at least the votes of two-thirds of the members of the city council. 4287 Same-petition for improvement. The mayor and city council shall have power to order any of the improvements herein before mentioned, except in cases where two or more intersecting streets are improved at one time and in one improvement proceeding, in an improvement district outside of said mile and one-half limit, and cause the same to be made upon any street or alley, but only upon the petition of the record owners of a majority of the frontage of taxable property in such district abutting upon such street or alley. Provided, however, that this limitation shall not apply when the street is a part of a main thoroughfare and is ordered improved as provided in the statutes governing cities of the metropolitan class. The mayor and council shall have power to order the improvement of any two or more intersecting streets in any improvement district by making any one or more of the following improvements thereon, in one improvement proceeding, viz: paving, repaving, curbing, recurbing, change of grade, grading, resurfacing or relaying existing pavements, but only upon the |