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Ch. 94)

Street Improvement

249

tively numbered, and said improvement districts may include two or more intersecting streets, alleys, or public ways, or any or all of the improvements mentioned in this section in one proceeding. The council may determine upon the materials to be used therefor, whenever the outer boundaries of such district shall not exceed a distance of 5280 feet from the block in which is situated the City Hall of such city; Provided, no such work shall be finally ordered until a petition of the owners of the record title, representing 30% of the feet frontage of property directly abutting upon the street or streets, public way or public grounds proposed to be improved by improvement district or otherwise, shall be presented and filed with the City Clerk, petitioning for such work; but when such improvements are embraced within a district outside of such 5280 feet limit, no such work shall be finally ordered by the council until a petition of the owners of the record title representing a majority of the feet frontage of property directly abutting upon the street, streets, public way or public grounds proposed to be improved by improvement district or otherwise, shall be presented and filed with the City Clerk, petitioning for such work. The sufficiency of the petitions so presented shall be determined by the council, and their determination thereof shall be conclusive in the absence of objection made and presented to the council prior to the letting of the contract for the improvement. In determining the sufficiency of the petitions so presented, where there are lots, or grounds abutting upon such street, streets or public ways in any improvement district or otherwise proposed to be improved that are now owned by the city itself, such lots or grounds shall not be counted for or against such improvement, nor shall intersections be counted for or against such improvement. In all cases of paving, repaving, or macadamizing, outside of such limits, as aforesaid, there shall be used such material or materials, under the direction of the city council, as the owners of a plurality of the feet frontage of directly abutting property petitioning therefor shall determine. In case such owners fail to determine the material or materials to be used, as herein above provided, then and in that event the council shall determine the material or materials to be used. Cost of so improving the street, streets, public ways, or public grounds may be in whole or in part assessed proportionate to benefits on the property specially benefited. The total amount thereof shall be levied at once, one-tenth to be delinquent in fifty days, onetenth annually thereafter, each installment to draw six per

cent interest from levy payable annually, installments delinquent to draw three-fourths of one per cent interest per month. If abutting property is not of uniform depth, or it be just and proper, the council may fix the depth to which property may be charged and assessed for benefits, and to greater depth than the lots fronting on the street, streets, alley, alleys, public way or grounds so improved, and the determination thereof by the council shall be conclusive. If in any city governed by the provisions of this chapter there shall be any real estate belonging to any county, school district, municipal or quasi municipal corporation, cemetery association, library board or other public board or association, abutting upon the street, streets, alley, alleys, public way or grounds, proposed to be improved, the proper officer or officers having control and jurisdiction over such real estate or authorized to purchase, lease, hold or convey real estate, shall have power to sign a petition for paving, repaving, curbing, recurbing, grading, changing grade, guttering, resurfacing, or relaying existing pavement, or otherwise improving any street, streets, alley, alleys, public ways, or public grounds or improvement districts, and when such improvements have been ordered, it shall be the duty of the county board, board of education, library board, cemetery trustees, or other proper officers controlling and having jurisdiction over said real estate benefited on account of said improvement, to pay such special taxes or assessment, or its proportionate share of the cost of said improvement, and in event of neglect or refusal so to do, the city may recover the amount of such special taxes or assessment, or proportionate share of the cost, in any proper action, and the judgment thus obtained may be enforced in the usual manner. The council may order the owner of lots abutting on a street to be paved, to lay sewer, gas and water service pipes to connect mains, and if they neglect so to do, after five days notice by publication in a newspaper of general circulation in the city, or in place thereof, personal service of such notice, as the council in its discretion, may direct, the council shall have power to cause the same to be laid along with and as part of the work of the improvement district, and assess the cost thereof on the property of such owner, along with and in the manner as provided for making the assessment to pay the cost of the pavement or improvements in the improvement district and to be collected and enforced as special taxes. For the amount of special assessments the council may by ordinance issue bonds called "district paving bonds of No.

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Ch. 94)

Paving Streets-Bonds

251

able in not over ten years or at the option of the city at any interest paying date, with annual coupons at not over six per cent, and such special tax shall be a sinking fund for the payment thereof. The total special tax on any lot may be paid within fifty days of its levy and the money so paid shall go to the sinking fund. Cost of improving intersections may be paid by the city, or assessed against the lots or lands in said district as the council may determine; but street railways shall be charged with the cost of all paving or improvements included between and to one foot beyond the outer rails in any part of the street. To pay costs of improvements of intersections, if not included in special assessments on benefitted property and along public property not assessable, the city may issue bonds called "paving bonds" to run not over twenty years, proceeds whereof shall be used only for paying costs of such improvements, the aggregate sum issued in any one year not to exceed fifty thousand dollars, nor shall such bonds issue until submitted to the electors and authorized by a majority of those voting thereon. To pay the cost of curbing and guttering public ways the council may issue bonds called "curbing gutter bonds, district No. payable in not over ten years or at the option of the city at any interest paying date with interest at not over six per cent, and assess the cost, not exceeding the special benefits on abutting property, said assessments to become due, delinquent, draw interest and be subject to like penalty and collected as other special taxes, and constitute a sinking fund for the payment of such bonds. No bonds of either class shall be sold or delivered until necessary to make payments for work done on such improvements. Contractors for such improvement or material shall give bond with at least two resident freehold sureties, who shall justify on oath to be worth double the amount for which they are sureties over all debts, liabilities, obligations and other exemptions, in an amount not less than the contract price, for faithful performance thereof, or in lieu thereof a good and sufficient surety company. No contract or extension thereof beyond two years shall be made without assent of the electors at a general election taken as in case of vote on issue of bonds. This shall not apply to guarantee for work done.

Sec. 2. Repeal. That Section 4524 of the Revised Statutes of the State of Nebraska for the year 1913, as amended by Chapter 82 of the Session Laws of Nebraska for the year 1915, as the same now exists, be and the same is hereby repealed.

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Sec. 3. Emergency. Whereas, an emergency exists, this act shall take effect and be in force from and after its passage and approval according to law.

Approved, April 25, 1917.

CHAPTER 95.

(Senate File No. 118.)

[Introduced by Mr. Wilson of Dodge.]

AN ACT to amend Sections 4874, 4876, as amended by Chapter 85 of the Session Laws of Nebraska for 1915, 4877, 4916, as amended by Chapter 86 of the Session Laws of Nebraska for 1915, 4930, 4938, 4963, 4965, 4974 and 4975 of Revised Statutes of Nebraska, 1913, (being Sections 23, 25, 26, 65, 79, 87, 112, 114, 123, and 124 of Chapter 49, providing for and pertaining to the incorporation, government, regulation, duties and powers of Cities of the First Class having more than 5,000 and less than 25,000 inhabitants), to save all rights acquired and acts or proceedings had under and by virtue of said sections and only for that purpose said sections shall remain in force; and to repeal all of said sections above named, and each of them as the same now exist, and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. That Sections 4874, 4876 as amended by Chapter 85 of the Session Laws of Nebraska for 1915, 4877, 4916 as amended by Chapter 86 of the Session Laws of Nebraska for 1915, 4930, 4938, 4963, 4965, 4974 and 4975 of Revised Statutes of Nebraska for the year 1913 (being Sections 23, 25, 26, 65, 79, 87, 112, 114, 123 and 124 of Chapter 49, providing for the incorporation, government, regulation, duties and powers of cities of the first class having more than 5,000 and less than 25,000 inhabitants) be and each of the same is hereby amended so as to read as follows:

4874 Sec. 23. Cities 5,000 to 25,000-appointive officersremoval. The mayor may, by and with the consent of the city council or a majority of the same, appoint an engineer, city attorney, street commissioner, chief of the fire department, city physician and three members of the board of public works; and water commissioner in cities owning its own water works

Ch. 95)

Officers-Salaries

253

and lighting plant, who shall also be sewer inspector, and light, heat and power commissioner; and a city manager, where the duties of such an officer are provided for by ordinance. Any such officers except members of the board of public works, may be removed at pleasure, by a vote of a majority of all the members of the council with the approval of the mayor. All confirmations of office by the council shall be made in viva voce, and the concurrence of a like majority shall be required, and the vote by yeas and nays shall be recorded. The office of city manager and any other appointive office provided by this chapter 49 may be held by one person. The city manager shall perform such duties as by ordinance shall be prescribed. The mayor may, by and with the consent of the council or a majority of them, appoint a chief of police, together with such number of regular police as the mayor and council shall see fit, and such officers may be removed by the mayor at pleasure; and, in case of an emergency, the mayor may appoint a necessary number of special police as shall be required, at his pleasure, and he is hereby authorized to call on any male inhabitants of the city, between the ages of eighteen and fifty to aid in enforcing the law of said city.

4876 Sec. 25. Salaries of officers.-The salaries of all the officers shall be fixed by ordinance not exceeding the following sums respectively: The mayor five hundred ($500.00) dollars per annum; the treasurer six hundred dollars per annum; each councilman, two hundred dollars per annum; the clerk, twelve hundred dollars per annum; the chief of police, one hundred dollars per month and no other compensation as fees or otherwise; each policeman, seventy-five dollars ($75.00) per month; city engineer, five dollars per day for each and every day actually employed; street commissioner, seventy-five dollars per month for actual service; city attorney, nine hundred dollars per annum; water commissioner, including service as light commissioner and sewer inspector, two hundred dollars per month; each member of the board of public works, one hundred dollars per annum. The foregoing amounts shall be construed as limitations and not as fixed salaries; and other officers and employees of the city, except police judge, shall receive such compensation as the mayor and council shall fix by ordinance at the time of their employment. Provided, however, that where a city manager performs the duties of some other office of said city or holds some other office, he shall not be entitled to the

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